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HomeMy WebLinkAbout20140508_PC_Staff ReportPA2013-203 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 8, 2014 Meeting Agenda Item 2 SUBJECT: Nesai Restaurant - (PA2013-203) 215 Riverside Avenue ■ Conditional Use Permit No. UP2013-021 APPLICANT: 217 Riverside Ave Merchants PLANNER: Makana Nova, Assistant Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY A conditional use permit to remodel an existing restaurant currently operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license, adding an outdoor dining patio, and extending service to include late hours of operation (after 11:00 p.m.). Also included is a request to waive a portion of the required parking and approve a parking management program that includes off -site parking at 2660 Avon Street, annual employee parking passes for use in the City municipal parking lot (Mariners Mile Lot), and valet parking. Due to the late hours of operation, approval of an Operator's License by the Newport Beach Police Department will be required. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. approving Conditional Use Permit No. UP2013-021 subject to the conditions of approval provided in the draft resolution and superseding UP1677. (Attachment No. PC 1). INTRODUCTION Project Setting The restaurant is located at the intersection of Riverside Avenue and Avon Street. The property is developed with an 8,056-square-foot, three-story building containing a 2,910-square-foot restaurant at the first floor level and office uses on the second and third floors. A surface parking area containing 18 parking spaces serves the uses on - site. Surrounding uses include residential dwelling units to the north and east, retail shops and a post office to the southeast, retail shops to the southwest, and Cliff Drive Park to the northwest. The proposed off -site parking lot at 2660 Avon Street is located 1 PA2013-203 NTENTIONALLY BLANK PAGE PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 2 VICINITY MAP ' a s Subject ♦� Property 2660 Avon Street; , n'. 2630 Avon ' iw P. ' Street' .' Vie'.. Municipal Lot �• GENERAL PLAN ZONING a :d LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE CG General Commercial CG Commercial General Restaurant and Office NORTH F S-D (Single -Unit FR-1 (Single -Unit Single-family residences Residential Residential PF (Public Facilities) PF (Public Facilities) and SOUTH And MU-H1 (Mixed -Use MU-MM (Mixed -Use Post Office and Retail Shopping pp g Horizontal) Mariners Mile) Center CG (General Commercial) CG (Commercial General) EAST and CG (General and R-1 (Single -Unit Retail and Single-family residences Commercial) Residential) WEST :=IFPR (Parks and PR (Parks and Cliff Drive Park Recreation) Recreation) S PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 3 approximately 125 feet from the subject property across Riverside Avenue and is developed with Moultrup Finish Hardware, a cosmetic studio, a consignment store, and six parking spaces. Site photographs of the subject property and the off -site parking lot are included as Attachment No. PC 3. Background A use permit establishing a restaurant at the subject location was approved by the Planning Commission on June 7, 1973. Two subsequent amendments were approved for the restaurant in 1975 and 1983 that authorized the expansion and waiver of parking spaces on -site. In 1989, Avon Street was improved by the City and removed ten on -site parking spaces along Avon Street and four parking spaces along Riverside Avenue. The ten spaces along Avon Street were converted to two-hour public metered spaces as they were located in the right-of-way. At its meeting of September 11, 1989, the City Council approved a third amendment to the Use Permit, waiving the parking that was removed by the City street improvement project and permitting the full operation of the restaurant. The approval allowed for a restaurant with 1,231 square feet of interior net public area' (764 square feet at lunch hour), alcohol service, 25 interior tables with seating for 92 persons, and hours of operation from 11:00 a.m. to 10:00 p.m., Sunday through Thursday and from 11:00 a.m. to 11:00 p.m. on Friday and Saturday. A total of 15 required parking spaces were waived with the understanding that the ten metered parking spaces along Avon Street would likely be used by restaurant patrons. The approval also waived all of the required parking during daytime lunch operations. A summary of the restaurant operations authorized in 1989 is provided in Table 1, below. The most recent City Council minutes, resolution, and staff report for Use Permit No. UP1677 are attached as Attachment Nos. PC 4, 5, and 6). A six-month review of the use was conducted in 1990 and operations were found to be acceptable. Table 1. Summary of UP1677-Existing Entitlement Day Evening Net Public Area 764 sq ft 1231 sq ft Seats 15 92 Hours • 11:00 a.m. to 5:00 p.m., daily • 5:00 p.m. to 10:00 p.m., Sunday through Thursday • 5:00 P.M. to 11:00 p.m., Friday and Saturday Code Required Parking 20 30 Parking Waived 20 15 1 Net Public Area is defined as the total area used to serve customers, including customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. 4 PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 4 An outdoor dining patio was subsequently constructed adjacent to Avon Street. The Use Permit was never amended to reflect this dining patio and no building permit history is available for this structure. Portions of the as -built patio encroach over the property line into the public right-of-way. A Type 47 (On -Sale General for Bona Fide Public Eating Place) ABC license authorizing the sale of beer, wine, and distilled spirits for consumption on the premises was issued to the establishment in 1986. At that time, an amendment to the Use Permit was not required for this change. Project Description The applicant requests a Conditional Use Permit to remodel and expand the existing restaurant. The remodeled restaurant proposes 1,183 square feet of interior net public area with 55 dining seats. The existing restrooms would be relocated and reconstructed for ADA accessibility. The interior floor plan includes a 39-seat main dining room with a new 13-seat bar area. A second 16-seat chef's dining room is proposed where patrons will have the opportunity to watch the chef prepare menu items at a chef's dining counter. The existing kitchen would also be remodeled to provide a new drink station, storage, a new grease interceptor, a mop -sink, and wash -out area. Live entertainment and dancing are not proposed as part of the restaurant operation. A new 990-square-foot outdoor dining patio is proposed with 52 seats. The existing unauthorized patio area would be removed and a new patio would be constructed entirely on private property with the eaves projecting no more than 1-foot over the sidewalk in compliance with Council Policy L-6 (Private Encroachments in Public Rights -of -Way). The patio area would be covered by a cedar open trellis and the patio fence facing the street would be characterized by a green wall with a 38-inch high cedar boundary fence and potted aromatic plants above. An exhibit demonstrating the proposed materials and finishes is provided as Attachment No. PC 7. The applicant requests to add late hours of operation (after 11:00 p.m.) as detailed in Table 2. Service on the outdoor dining patio would end by 10:30 p.m., but would be available for use by guests until the closing hour. Due to the late hours of operation, approval of an Operator's License by the Newport Beach Police Department is required. The existing surface parking lot will be restriped to remove substandard parking stalls and conform to the circulation pattern authorized in 1983. A total of 16 parking spaces will be provided. A parking management program accounts for additional parking demand associated with the addition of the outdoor dining patio by securing off -site parking with optional valet parking, purchasing annual parking passes for use by restaurant employees, and off -setting hours of operation with other surrounding land uses. 5 PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 5 Including the new outdoor dining patio, the net public area of the restaurant will increase by 942 square feet from 1,231 square feet for a total of 2,173 square feet (Attachment No. PC 14 Project Plans). The total seating count will increase by 15 seats for a total of 107 seats. If approved, the subject conditional use permit will supersede the existing use permit. Table 2. Summary of Proposed CUP Day Evening • 764 scl ft, Monday - Friday, 2,173 scl ft • 2,173 scl ft, Saturday and Net public area Sunday • 34, Monday - Friday 107 Seats • 107, Saturday and Sunday Hours • 11:00 a.m. to 5:00 p.m., • 5:00 p.m. to 12:00 a.m., Sunday Monday - Friday through Thursday • 10:00 a.m. to 5:00 p.m., • 5:00 p.m. to 1:00 a.m., Friday and Saturday and Sunday Saturday • Patio -closed by 10:30 p.m., daily Code Required * 20, Monday -Friday 47 Parking • 47 , Saturday and Sunday Parking Waived 20 15 DISCUSSION Consistency with General Plan/Coastal Land Use Plan/Zoning The site is designated CG (General Commercial) by the General Plan Land Use Element, Coastal Land Use Plan, and the Zoning Code. These designations are intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve local or regional needs. Food Service uses are allowed by these land use designations and are complementary to the surrounding commercial and residential uses. Under the General Plan land use designation of CG, the Floor Area Ratio (FAR) for the subject property is limited to 0.5. The existing FAR for the subject property conforms at 0.5. The proposed application will not result in an increase in the gross floor area ratio. The project would allow for reuse of the existing restaurant, maintaining the character of the district. The proposed project requires a conditional use permit to extend the hours of operation, add an outdoor dining patio, add a new bar, and to authorize a parking management program. Mariners Mile Strategic Vision and Design Framework The Mariners Mile Strategic Vision and Design Framework is a vision for an improved, enriched, and enlivened Mariners Mile (Attachment No. PC 8). The Strategic Vision 0 PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 6 identifies a series of goals for Mariners Village, the core retail area within Mariners Mile where the subject property is located. These goals include a more human -scale streetscape with inviting street furnishings, functional sidewalks, and local -serving tenants such as upscale market, cafes, theaters, and specialty retail. A restaurant at this location helps to establish and improve upon a local -serving tenant, enhancing the character of the area, and providing a complementary commercial use as intended within the Mariners Village core. The Design Framework identifies key objectives for planning and urban design, landscaping, signage, architecture, and parking in Mariners Mile. Existing landscaping on -site is appropriate given the topographic constraints of the lot. The existing parking area is characterized by a steeply sloping lot where the rear row of parking spaces is approximately 6 feet higher than the row below. While the parking configuration will be restriped to eliminate substandard stalls, significant alteration of the parking areas and existing landscaping is not proposed. The existing pole sign on -site is subject to abatement and must be removed or altered to conformance by October 27, 2020, unless an earlier removal is required by the provisions of Subsection (B) of Section 20.42.140 (Nonconforming Signs) of the Newport Beach Municipal Code. For the time being, this nonconforming sign may be continued and must be maintained in good condition as authorized by these regulations. The existing wall sign will be relocated in compliance with Newport Beach Municipal Code standards under separate building permits. Architecturally, the project will improve the quality of the existing building. The proposed outdoor dining patio and trellis structure promote a more human -scale streetscape while providing a more functional sidewalk along Avon Street where the existing patio encroaches into the right-of-way. The patio trellis is intended to be the primary feature of the updated building in terms of architectural expression. Materials include a cedar patio fence and trellis with a green wall consisting of potted aromatic plants. The applicant will also repaint the existing building with a neutral color scheme and contrasting trim elements at the underside of the eaves and window trims. Window planter boxes link the upper and lower stories of the building to create a cohesive design element. Brass and other hardware are utilized as accent pieces to follow the nautical theme suggested for Mariners Mile. In the absence of an implementation plan to comprehensively establish a parking district for Mariners Village, a parking management program for properties on an individual basis is necessary. The restaurant makes use of nearby off -site parking and off -sets hours of operation to fully utilize available parking in the area, consistent with the goals of the Design Framework. 7 PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 7 Parking The interior net public area proposed is 1,183 square feet, and the Zoning Code allows outdoor dining areas up to 25 percent of the interior net public area without an increase in the parking requirement. The applicant proposes a new outdoor dining patio, which is 990 square feet in area. Therefore, 296 square feet (25 percent) of the outdoor dining patio does not require additional parking. The remaining 694 square feet will need to be parked at the same rate as the interior net public area. Thus, the total net public area to be parked is 1,877 square feet. Based on 16 spaces on -site and 15 spaces waived per Use Permit No. UP1677, the expansion requires an additional 16 parking spaces. The following table provides a summary of required parking, below: Table 3. Code Reauired Parking Interior Net Public Area (NPA) 1,183 Outdoor Dining Patio 990 25% of Interior NPA -296 Total Net Public Area Parked 1,877 Total Code Requirement (1/40 sq ft)Z 47 Additional Spaces Required 16 On -Site Spaces Waived Under UP1677 15 Remaining Spaces Required 16 Parking Management Program A draft parking management program (Attachment No. PC 9) is provided to address the 16 required parking spaces to accommodate the expansion. The following approaches reduce the overall parking demand of the proposed restaurant: • Off -Site Parking Facilities. The applicant has secured the indefinite use of two off - site parking lots located at 2660 and 2630 Avon Street. The lots are conveniently located across Riverside Avenue from the subject property 125 and 270 feet away, respectively. As a condition of approval, the applicant will be required to provide a recorded parking agreement for a minimum of six parking spaces available at 2660 Avon Street. The agreement must be approved by the Director and City Attorney and recorded with the County Recorder. The additional 15 spaces available at 2630 Avon Street will be maintained on an informal basis as this lot offers surplus parking. The preliminary letters of agreement for each of the off -site parking lots are attached (Attachment No. PC 10) 2 The Newport Beach Municipal Code requires parking for restaurants to be based upon the individual operational characteristics with a parking ratio between 1:50 and 1:30 of the Net Public Area. UP1677 was approved with a 1:40 ratio and the proposed operational characteristics are not significantly changing to warrant a change to the existing parking ratio. a PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 8 • Off -Set Hours. The restaurant hours will be offset from office and retail uses that utilize the same parking areas. The office tenants on -site (215 Riverside Avenue) will utilize the surface parking lot on weekdays whereas the restaurant will utilize the on - site parking on evenings after 5:00 p.m. and on weekends. The restaurant hours will also be offset from retail tenants that utilize the off -site parking lots at 2660 and 2630 Avon Street that close at 5:00 p.m. and 6:00 p.m., respectively. • Valet Parking. Valet parking is proposed as an option to accommodate more parking in the off -site lots, if necessary. The valet pick-up and drop-off station will be located within the surface parking lot as patrons enter from Avon Street. Vehicles would then be parked at the 27 valet spaces available in the two off -site parking lots. The 16 parking spaces available in the on -site lot would remain available for patrons to self - park. Off -site parking for valet service would reduce congestion created by restaurant patrons looking for overflow parking in Mariners Mile and ensure greater usage of the off -site parking spaces available. The valet parking plan prepared by the applicant is provided as Attachment No. PC 11. • Employee Parking Passes. An approximately 88 space municipal parking lot is available approximately 600 feet to the southeast down Avon Street. The applicant proposes to purchase parking permits on an annual basis for all ten employees to use this lot. Providing employee parking passes with direction to those employees to park in that lot will help to manage the additional demand created by the restaurant. Information on annual parking passes is included as Attachment No. PC 12. The restaurant would be compatible with the surrounding uses and all required parking would be provided between the on -site surface lot, municipal parking lot for employees, and the off -site parking available. A summary of these parking strategies and their contribution to the available parking is provided in Table 4: Table 4. Off -Site Parkina Provided Strategy Self -Parking Valet Parking Off-Site-2660 Avon Street 6 12 Employee Annual Parking Passes 10 10 TOTAL OFF -SITE SPACES AVAILABLE 16 22 Off -Site Parking Requirement 16 16 Surplus Parking Available 0 6 With the proposed parking strategies, all required parking will be available for the restaurant, which in part accounts for the parking spaces waived previously. Ten metered parking spaces are available in front of the restaurant along Avon Street. While the metered spaces do not officially contribute to the off-street parking requirement for the restaurant, their close proximity means they will likely be utilized for the restaurant although they will not have exclusive access to these spaces. Additionally, 15 off -site parking spaces are available at 2630 Avon Street. These off -site spaces will be 9 PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 9 maintained on an informal basis and also do not officially contribute to the off -site parking requirement. Staff recommends the approval of the parking management program and the reduction of the required off-street parking in conjunction with off -site parking, optional valet, and a condition of approval requiring payment of annual parking passes for ten employees to utilize the municipal lot at 200 Tustin Avenue. Staff recommends incorporating flexibility for daytime lunch operations as approved under Use Permit No. UP1677 into the proposed Conditional Use Permit. Staff suggests providing the applicant with the flexibility to open the smaller chef's dining room and chef's dining patio during lunchtime hours. Late -Hour Operations Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the Newport Beach Municipal Code, the Planning Commission must consider the following potential impacts upon adjacent or nearby uses when reviewing an application to allow late -hour operations3: 1. Noise from music, dancing, and voices associated with allowed outdoor uses and activities; 2. High levels of lighting and illumination; 3. Increased pedestrian and vehicular traffic activity during late and early morning hours; 4. Increased trash and recycling collection activities; 5. Occupancy loads of the use; and 6. Any other factors that may affect adjacent or nearby uses. As proposed by the applicant, the interior of the restaurant will close by 12:00 midnight Sunday through Thursday and close by 1:00 a.m. on Friday and Saturday. Potential noise impacts from the interior of the restaurant will be limited because no live entertainment or dancing is proposed. The proposed closing hours in comparison with other restaurants that close at 2:00 a.m. will assist the Police Department with controlling nuisances in the area. The applicant requests to end meal service on the outdoor dining patio by 10:30 p.m. but would like to keep the patio open and available for use by guests until the closing hour. The nearest residential uses are located on the properties immediately north and adjacent to the restaurant and approximately 78 feet east of the restaurant directly across Riverside Avenue. The location of the outdoor dining patio will help limit exterior noise impacts given the orientation of the building facing Avon Street. The Police Department has submitted a recommending a closing hour of 10:00 p.m. for the outdoor dining patio (Attachment No. PC 13). Staff concurs 3 Late Hour Operations. Facilities that provide service after 11:00 p.m. any day of the week. (NBMC Sec.20.70.020) 10 PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 10 with this recommendation to diminish the effects of exterior noise resulting from the outdoor dining patio on nearby residential uses. The occupancy load is 151 persons including the outdoor dining patio (66 persons). The extended hours of operation will result in increased late -hour pedestrian and vehicular activity. The location in Mariners Mile will cater to nearby residents and visitors and most traffic is likely to use Coast Highway rather than travel north on Riverside Avenue through Newport Heights. The increase in traffic will occur at off-peak times and the earlier closure of the outdoor dining patio diminishes noise to nearby residents. The proposed use will not necessitate high levels of lighting or illumination and any outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). Trash storage for the restaurant will be provided within an existing trash enclosure adjacent to Riverside Avenue. A new solid decorative cover will be added to the enclosure. Should the Planning Commission approve this conditional use permit, the applicant will be required to obtain an Operator License from the Police Department. The Operator License provides for enhanced enforcement to control noise, loitering, litter, disorderly conduct, parking/circulation, and other potential disturbances that could result from the establishment, and provides the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations. Conditional Use Permit Findings The requested extension in the hours of operation, addition of an outdoor dining patio, and new bar are considered substantial changes in operation that require an amendment to the existing conditional use permit. Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a conditional use permit: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 11 constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist in support of each finding. The restaurant operation is defined as an Eating and Drinking Establishment, Food Service, Late Hours use with alcoholic beverage service and is consistent with the purpose and intent of the General Commercial (CG) General Plan land use designation and Zoning District. The CG designation is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve local or regional needs. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses through compliance with the proposed conditions of approval and through implementation of the operator's license. The 10:00 p.m. closing time for the outdoor dining patio will reduce the impact of noise to nearby residents. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. The proposed renovations to the existing restaurant will potentially have a positive impact on the overall economic health of the community and may promote further revitalization of the other commercial properties within the Mariners Mile area. A minimum of 16 parking spaces are provided on -site and a minimum of 6 parking spaces are provided within the off -site parking lot for the restaurant. A total of 15 parking spaces are waived as approved by Use Permit No. UP1677 (Amended 1989). Employee parking (10 spaces) is also available in the nearby municipal parking lot at 200 Tustin Avenue through the purchase of annual parking passes. Therefore, staff believes adequate parking is provided during the proposed hours of operation with the implementation of the parking management program. AlfPrnafivPc 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 2). In this case, Use Permit No. UP1677 will remain in effect unless action is taken to revoke this permit. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class PA2013-203 Nesai Conditional Use Permit May 8, 2014 Page 12 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the minor alteration of an existing structure. The additional area associated with the outdoor dining patio consists of 990 square feet, which is well within the thresholds identified in CEQA Guidelines Section 15301. Therefore, the interior use and outdoor dining patio qualify for a categorical exemption under Class 1. If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act ("CEQA") review, pursuant to Section 15270 of the CEQA Guidelines. Pi ihlir Nnfira Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of - way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: 0 Makana Nova Assistant Planner ATTACHMENTS Submitted by: Br n a Wisnes i, r ICP, Deputy Director PC 1 Draft Resolution for Approval with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Site Photographs PC 4 City Council Resolution of UP1677 PC 5 City Council Minutes of UP1677 PC 6 City Council Staff Report of UP1677 PC 7 Materials Board PC 8 Mariners Mile Design Guidelines PC 9 Parking Management Program PC 10 Off -Site Parking Letters PC 11 Valet Plan PC 12 Annual Parking Pass Information PC 13 Police Department Memorandum PC 14 Project Plans is PA2013-203 NTENTIONALLY BLANK PAGE -1 4- PA2013-203 Attachment No. PC 1 Draft Resolution for Approval with Findings and Conditions 15 PA2013-203 NTENTIONALLY BLANK PAGE 10 PA2013-203 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2013-021 FOR AN EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS OF OPERATION AT 215 RIVERSIDE AVENUE (PA2013-203) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jeff Hall, representing 217 Riverside Ave Merchants, with respect to property located at 215 Riverside Avenue, and legally described as Lot D of Tract 919, including a portion of the abandoned street adjacent, requesting approval of a conditional use permit for the expansion of an existing restaurant. 2. The applicant requests an amendment to Use Permit No. UP1677 (Amended), remodeling the existing restaurant currently operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license, adding an outdoor dining patio, and extending service to include late hours of operation (after 11:00 p.m.). Also included is a request to waive a portion of the required parking and approve a parking management program authorizing off -site parking, annual parking passes for employees, and valet parking. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG-B). 5. A public hearing was held on May 8, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing Facilities) 2. The proposed project involves the minor alteration of an existing structure. The additional area associated with the outdoor dining patio consists of 990 square feet, which is well within the thresholds identified in CEQA Guidelines Section 15301. Therefore, the interior use and outdoor dining patio qualify for a categorical exemption under Class 1. -T 7 PA2013-203 Planning Commission Resolution No. #### Paae 2 of 17 SECTION 3. REQUIRED FINDINGS. Pursuant to Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements) of the Newport Beach Municipal Code, eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the Commercial General (CG) Zoning District. The existing establishment operates pursuant to Use Permit No. UP1677 (as amended September 11, 1989). The requested extension in the hours of operation, addition of an outdoor dining patio, and new bar are considered substantial changes in operation that require an amendment to the existing conditional use permit. In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code. Facts in Suaaort of Findina: 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is maintained and that a healthy environment for residents and businesses is preserved. While the proposed establishment is located in an area which has a higher concentration of alcohol licenses than some areas, the restaurant is appropriate since the existing Type 47 license is already included within the statistics provided and the use permit would acknowledge the existing license type.The subject property's location in relationship to residential zoning districts, day care centers, hospitals, park facilities, places of worship, schools, other similar uses and uses that attract minors have been considered. Operational conditions of approval recommended by the Police Department relative to hours of operation, the sale of alcoholic beverages, including an Operator License will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. The subject property is located in an area with a variety of land uses including commercial, retail, residential, and coastal resources. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surrounding land uses. In accordance with Section 20.52.020.E (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth- Finding- B. The use is consistent with the General Plan and any applicable Specific Plan. 10-15-2013 12 PA2013-203 Planning Commission Resolution No. #### Paae 3 of 17 Facts in Suaaort of Findina: 1. The expanded eating and drinking establishment with late hours and alcoholic beverage service is consistent with the General Commercial (CG) land use designation of the General Plan. 2. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve local or regional needs. Food Service uses are expected to be found in this area and are complementary to the surrounding commercial and residential uses. 3. The project site is not located within a Specific Plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Suaaort of Findina: 1. Eating and drinking establishments classified as Food Service, Late -Hours require the approval of a conditional use permit within the Commercial General (CG) Zoning District. 2. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. 3. The restaurant, outdoor patio, parking management program, and proposed exterior improvements are consistent with the Mariners Mile Strategic Vision and Design Framework. The renovation of the existing restaurant will support local establishments in the Mariners Village core, improve the pedestrian streetscape, and make more efficient use of available parking in the vicinity. 4. Pursuant to Chapter 5.25, an amendment to a use permit requires the operator of the establishment to secure an Operator License from the Police Department to maintain operating hours beyond 11:00 p.m. This requirement is included in the conditions of approval. Finding: D. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Suaaort of Findina- 1. Adequate parking is provided for the restaurant during all hours of operation as designated in the parking management program. A minimum of six parking spaces are provided for the restaurant's use at the off -site parking lot located across Riverside 10-15-2013 �9 PA2013-203 Planning Commission Resolution No. #### Paae 4 of 17 Avenue from the property at 2660 Avon Street. Public parking also exists in the municipal parking lot at 200 Tustin Avenue, which will accommodate employee parking through the purchase of annual parking passes. 2. The use of the off -site parking with optional valet service reduces any congestion created by restaurant patrons looking for parking and ensures greater usage of the off - site parking facility. 3. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages include the closure of the outdoor dining patio by 10:00 p.m. will promote compatibility with the surrounding uses by minimizing alcohol related impacts. 4. The conditions of approval include the requirement that the exterior windows and doors of the facility be closed after 10:00 p.m. will minimize sound emanating from the property and causing disturbances to residential land uses in the vicinity. 5. Because the conditions of approval prohibit live entertainment and dancing; require that the restaurant close by 12:00 midnight Sunday through Thursday and by 1:00 a.m. on Fridays and Saturdays; and, use of the outdoor dining patio after 10:00 p.m. is prohibited, no disturbance to adjacent residential uses is anticipated. 6. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 7. Existing trash storage for the restaurant is provided within a trash enclosure along Riverside Avenue. The trash enclosure will be modified to provide a solid decorative roof cover in compliance with Newport Beach Municipal Code standards for solid waste and recyclable materials storage. The requested changes to the restaurant operation are not expected to result in an increase in trash collection activities. A condition of approval has been included requiring the trash to be kept within the trash enclosure, except during collection. 8. This is an existing restaurant location and is compatible with other commercial uses in the area. The restaurant also serves as an important visitor -serving use that benefits the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 10-15-2013 20 PA2013-203 Planning Commission Resolution No. #### Paae 5 of 17 Facts in Suaaort of Findina: 1. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 2. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 3. Although the site does not provide the minimum number of off-street parking spaces on -site, sufficient off -site parking will be provided pursuant to the parking management program to accommodate the needs of the expanded restaurant. 4. The locations of the off -site parking is in close proximity to the restaurant and does not create a traffic hazard in the surrounding area. A parking agreement will be recorded providing for the availability of a minimum of six off -site parking spaces for the restaurant. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Suaaort of Findina: 1. The renovations to the existing restaurant facility should have a positive impact on the area and may promote further revitalization of commercial properties located in Mariners Mile. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours for the outdoor dining patio hours reduce impacts to residential land uses nearby and sufficient parking is available in the area to accommodate the restaurant. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 3. In order to maintain late hours, the applicant will be required to obtain an Operator License from the Police Department. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking/circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations if objectionable conditions occur. 10-15-2013 21- PA2013-203 Planning Commission Resolution No. #### Paae 6 of 17 4. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment, recreational entertainment or dancing is permitted. Prohibition of live entertainment, recreational entertainment or dancing will minimize potential land use conflicts, nuisances, and police intervention. In accordance with Section 20.40.100 (Off -Site Parking) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: G. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Findina: 1. Sixteen parking spaces are available on -site for the restaurant. 2. The applicant has secured an off -site parking for a minimum of six parking spaces at 2660 Avon Street. The lot is conveniently located across Riverside Avenue from the subject property 125 feet away. 3. A municipal parking lot providing approximately 88 parking spaces is available approximately 600 feet to the southeast down Avon Street. A condition of approval is included requiring the purchase of parking permits on an annual basis for all ten employees to use this lot. Finding- H. On -street parking is not being counted towards meeting parking requirement. Facts in Support of Finding- 1. On -street parking is not being counted towards meeting the parking requirement. Adequate parking is available for the restaurant through a combination of on -site parking (16 spaces), off -site parking (6 spaces), and annual employee parking passes (10 spaces). 2. Valet parking is optional, and will be utilized if additional parking is necessary. 3. Fifteen off-street parking spaces at 2630 Avon Street and ten on -street metered spaces in front of the restaurant are available; while these spaces do not officially contribute to the off-street parking requirement, these spaces will be utilized on an informal basis. 10-15-2013 22 PA2013-203 Planning Commission Resolution No. #### Paae 7 of 17 Finding: Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Findina: 1. Signage will be provided on -site and at the off -site parking lots to designate the availability of the off -site parking lots for patrons of the restaurant. 2. The use of the off -site parking, with optional valet service, reduces any congestion created by restaurant patrons looking for parking and ensures greater usage of the off - site parking facility. 3. The City Traffic Engineer has found circulation and access for the optional valet parking plan to be adequate. 4. The off -site parking lot is located in close proximity across Riverside Avenue from the subject property. Finding: J. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. The property owner of 2660 Avon Street will be required to record a parking agreement for a minimum of six parking spaces. The agreement must be approved by the Director and City Attorney and recorded with the County Recorder. 2. Signage will be provided on -site and at the off -site parking lots to designate the availability of the off -site parking lots for patrons of the restaurant. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2013-021 (PA2013-203), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 10-15-2013 2S PA2013-203 Planning Commission Resolution No. #### Paae 8 of 17 3. Conditional Use Permit No. UP2013-021 (PA2013-203) replaces and supercedes Use Permit No. UP1677, which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 8t" DAY OF MAY, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: AW Bradley Hillgren, Chairman Kory Kramer, Secretary 10-15-2013 24 PA2013-203 Planning Commission Resolution No. #### Paae 9 of 17 EXHIBIT "A" CONDITIONS OF APPROVAL !JW.1kii3nkirN 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2013-021 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. The operator as well as future operators of the restaurant shall obtain an Operator License pursuant to Chapter 5.25 (Operator License) of the Municipal Code. The Operator License may be subject to additional and/or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the restaurant. 10. The hours of operation for the interior of the restaurant shall be limited between 5:00 p.m. to 12:00 midnight, Monday through Thursday, 5:00 p.m. to 1:00 a.m. Friday, 10.00 a.m. to 1.00 a.m. Saturday, and 10.00 a.m. to 12.00 midnight Sunday. 10-15-2013 215 PA2013-203 Planning Commission Resolution No. #### Paae 10 of 17 11. The restaurant shall be allowed a limited lunch time operation (11:00 a.m. to 5:00 p.m., Monday through Friday) which will include the chef's dining area and chef's dining patio only (764 square feet of "Net Public Area" only). 12. The outdoor dining patio shall be closed by 10:00p.m., daily. 13. The interior "net public area" of the restaurant shall not exceed 1,183 square feet. A maximum of 55 seats shall be provided within the interior of the establishment. 14. The accessory outdoor dining shall be used only in conjunction with the restaurant. The outdoor dining patio shall be limited to 990 square feet in area and provide seating for no more than 52 persons. 15. The exterior windows and doors of the facility be closed after 10:00 p.m. 16. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. The installation of roof coverings in addition to the proposed cedar trellis shall not have the effect of creating a permanent enclosure. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 17. The existing parking lot shall be maintained with approved traffic markers or painted white lines not less than four inches wide. All sixteen parking spaces on the site shall be accessible and useable for vehicular parking at all times. A directional sign shall be maintained designating that parking is available to the rear of the building. 18. All asphaltic pavement surfaces of the existing parking areas shall be maintained. No alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. 19. The subject property shall comply with the approved Parking Management Program dated May 8, 2014, and any amendment to the Parking Management Program shall be subject to the approval of the Community Development Director. 20. An off -site parking agreement, approved as to form by the City Attorney's Office, shall be recorded prior to the issuance of building permits. The agreement shall guarantee that a minimum of six (6) parking spaces shall be provided at 2660 Avon Street (A portion of Lot 42 and all of Lot 43 of Tract 1133) for the duration of the restaurant use at 215 Riverside Avenue. In the event that the use of the off-street automobile parking spaces provided for in the agreement are lost for any reason, the applicant shall notify the Community Development Director 30 days prior to the loss of the parking spaces. Upon notification that the agreements for the required off -site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur: (a) Substitute parking is provided that is acceptable to the Director; (b) The size or capacity of the use is reduced in proportion to the parking spaces lost; (c) The 10-15-2013 20 PA2013-203 Planning Commission Resolution No. #### Paae 11 of 17 applicant submits to the Director a new or amended Off -Site Parking Agreement, giving the applicant the use of at least the same number of parking spaces. 21. Restaurant employees shall park their automobiles in the "Mariners Mile" municipal lot. The applicant or operator of the facility shall purchase parking permits for ten employees on an annual basis for the Mariners Mile Lot, and shall direct employees to park in said parking lot. 65. Valet operations shall not impact the public right-of-way. Vehicle staging, drop off and pick-up shall occur on -site only and the valet pick-up and delivery station shall not be located in the public -right-of-way. 66. The applicant shall provide signage on -site indicating the location of additional parking at the off -site parking lot. 22. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 23. 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. 24. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 25. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 26. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 27. Construction activities shall comply with Section 10.28.040 (Construction Activity - Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 10-15-2013 27 PA2013-203 Planning Commission Resolution No. #### Paae 12 of 17 28. The existing block wall and storage structure adjacent to the driveway on Riverside Avenue shall be lowered to a height of 36 inches so as to provide better sight distance for motorists on the steep driveway. 29. All mechanical equipment and trash areas shall be screened from adjoining streets. 30. All lighting shall conform to the standards of Section 20.48.140 (Outdoor Storage, Display, and Activities). Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 31. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 32. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 33. Trash receptacles for patrons shall be conveniently located inside of the establishment. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 34. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 35. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 36. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 37. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately 10-15-2013 22 PA2013-203 Planning Commission Resolution No. #### Paae 13 of 17 depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 38. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Nesai Conditional Use Permit including, but not limited to, the Conditional Use Permit No. UP2013-021 (PA2013-203). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department Conditions 39. The approval is only for the establishment of an eating and drinking establishment as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 40. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On -Sale General) in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 41. The operator of the establishment shall secure and maintain an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 1:00 a.m. 42. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal Code, may be subject to additional and/or more restrictive conditions such as a security plan to regulate and control potential late -hour nuisances associated with the operation of the establishment. 43. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 10-15-2013 �9 PA2013-203 Planning Commission Resolution No. #### Paae 14 of 17 44. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 45. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 46. The operator of the establishment shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 47. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 48. There shall be no on -site radio, televisions, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 49. There shall be no live entertainment or dancing allowed on the premises. 50. Strict adherence to maximum occupancy limits is required. 51. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on - site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 52. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 53. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on 10-15-2013 so PA2013-203 Planning Commission Resolution No. #### Paae 15 of 17 the premises and shall be presented upon request by a representative of the City of Newport Beach. Fire Department Conditions 54. Areas or rooms with occupant loads of more than 50 persons will require two exits. Exits must be arranged as per California Fire Code Section 1015.2.1. 55. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system. 56. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. Building Division Conditions 57. Window openings are shown in the exterior wall parallel to Avon Street, which are not shown on the last approved plan from 1983. New openings are proposed in the wall between the restaurant/dining space and kitchen and the northeast exterior wall at the rear of the kitchen has been altered. These walls shall be analyzed by a civil/structural engineer for consideration of decreased capacity due to new openings, compared with seismic demand on them in accordance with the 2013 CBC. 58. Minimum 1-hour rated construction shall be provided at the patio structure within the 10- foot width of the exit discharge between building exit doors and the public sidewalk. Refer to CBC 1027.5.2 and CBC 1002 for definition of `yard' (open to sky). 59. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City -adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 60. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 61. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 62. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 63. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise 10-15-2013 S1 PA2013-203 Planning Commission Resolution No. #### Paae 16 of 17 approved by the Community Development Director and Public Works Director in conjunction with the approval of an alternate drainage plan. Public Works Conditions 64. All improvements shall be constructed as required by Ordinance and the Public Works Department. 65. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb/gutter, and driveway along the Avon Street frontage. 66. All existing private, non-standard improvements within the public right-of-way and/or extensions of private, non-standard improvements into the public right-of-way fronting the development site shall be removed. 67. All new and existing water services shall be protected by a City approved backflow assembly. 68. All new and existing sewer laterals shall have a sewer cleanout, installed with a traffic - grade box and cover, located on the public side of the property line. 69. An encroachment permit is required for all activities within the public right-of-way. 70. The trellis eave shall not encroach more than 1-foot into the adjacent right-of-way. 71. All improvements shall comply with the City's sight distance requirement. See City Standard 110-L and Municipal Code 20.30.130. 72. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 73. All on -site drainage shall comply with the latest City Water Quality requirements. 74. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 75. The proposed patio shall be constructed on private property. 76. At a minimum, a 6-foot sidewalk shall be maintained along Avon Street. 77. The parking lot configuration shall be consistent with the previously approved Use Permit No. UP1677 (Amended 1983). 78. The patio overhang shall be covered under a building permit in order to be consistent with Council Policy. If any portion of the overhang is within the public right-of-way, an encroachment permit is required. If an encroachment permit is approved, the patio 10-15-2013 S2 PA2013-203 Planning Commission Resolution No. #### Paae 17 of 17 overhang shall not encroach more than 1foot over the public sidewalk and must maintain a minimum vertical clearance of 8 feet. 79. The storage area adjacent to Riverside Avenue shall be lowered to a height of 36 inches in order to comply with sight distance requirements at the intersection of the driveway and Riverside Avenue. 80. County Sanitation District fees shall be paid prior to the issuance of any building permits. 10-15-2013 3S PA2013-203 NTENTIONALLY BLANK PAGE S4 PA2013-203 Attachment No. PC 2 Draft Resolution for Denial S5 PA2013-203 NTENTIONALLY BLANK PAGE so PA2013-203 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2013-016 FOR AN FOR AN EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS OF OPERATION AT 215 RIVERSIDE AVENUE (PA2013-203) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jeff Hall, representing 217 Riverside Ave Merchants, with respect to property located at 215 Riverside Avenue, and legally described as Lot D of Tract 919, including a portion of the abandoned street adjacent, requesting approval of a conditional use permit for the expansion of an existing restaurant. 2. The applicant requests an amendment to Use Permit No. UP1677 (Amended), remodeling the existing restaurant currently operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license, adding an outdoor dining patio, and extending service to include late hours of operation (after 11:00 p.m.). Also included is a request to waive a portion of the required parking and approve a parking management program authorizing off -site parking, annual parking passes for employees, and valet parking. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG-B). 5. A public hearing was held on May 8, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.F (Findings and Decision) of the Zoning Code, nonconforming uses may be expanded or intensified subject to the approval of a conditional use permit. The Planning Commission may approve a conditional use permit only after S7 PA2013-203 Planning Commission Resolution No. Paae 2 of 2 making each of the five required findings set forth in Section 20.52.020.E (Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2013-021. Existing Use Permit No. UP1677 shall remain in full force and effect. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 8T" DAY OF MAY, 2014. AYES: NOES: ABSTAIN: ABSENT: BY: Bradley Hillgren, Chairman Kory Kramer, Secretary -�I Tmplt: 03/08/11 S 2 PA2013-203 Attachment No. PC 3 Site Photographs Si PA2013-203 NTENTIONALLY BLANK PAGE 40 PA2013-203� A N R1 y N Q N cn Q' �11 F. !" I . -- ti7 {f U) U co > L (1)( Q L LL LO ON W.7 -. -- - I .al f L I (D 4W w� SAD* Fd via r"J &I Cam= - 1^7 PA2013-203 NTENTIONALLY BLANK PAGE 4 PA2013-203 Attachment No. PC 4 City Council Resolution of UP1677 45 PA2013-203 NTENTIONALLY BLANK PAGE 40 PA2013-203 FINAL FINDINGS AND CONDITIONS FOR USE PERMIT NO. 1677 (AMENDED) APPROVED BY THE CITY COUNCIL ON SEYMMBER 11, 1989 FINDINGS: 1. The proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking is provided for the restaurant use at lunchtime during the week, since many of the restaurant patrons walk from adjoining residential and commercial areas. Furthermore, most of the public parking spaces located directly in front of the restaurant facility will be available at night and on weekends for restaurant patrons. 4. The approval of Use Permit No. 1677(Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. COND1TIONS: 1. That development shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That the previous Use Permit No. 1677 (Amended) and Variance No. 1106 shall expire with the approval of this application. 3. That the restaurant shall be allowed a limited lunch time operation during the week which will include the front entrance area and the front dining area (764± sq.ft. of "net public area") only. 4. That the existing parking lot shall be maintained with approved traffic markers or painted white lines not less than 4 inches wide, in accordance with the existing parking layout. All fifteen parking spaces on the site shall be accessible and usable for vehicular parking at all times. A directional sign shall be maintained designating that parking is available to rear of the building. S. That all asphaltic pavement surfaces of the existing parking areas shall be maintained. 47 11 PA2013-203 Final Findings and Conditions Page 2. ri 6. That all of the required daytime restaurant parking spaces are waived and all of the existing on -site parking spaces (15 spaces) shall be available for the exclusive nighttime use of the Stuft Noodle Restaurant. 7. That all mechanical equipment and trash areas shall be screened from adjoining streets. The existing trash area shall be relocated so that the trash doors and trash trucks will not interfere with pedestrians on the sidewalk on Riverside Avenue. 8. That approximately 5 feet of the existing block wall adjacent to the driveway on Riverside Avenue shall be lowered so as to provide better sight distance for motorists on the steep driveway. 9. That no alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. 10. That the restaurant employees shall be required to park their automobiles in the "Mariner's Mile" municipal lot. 11. That all signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code. 12. That the hours of operation for the restaurant use shall be limited from. 11:00 a.m. to 10:00 p.m., Sunday through Thursday and to 11:00 p.m. on Friday and Saturday. 13. That the applicant shall obtain Coastal Commission approval of this application. 14. That the development standards pertaining to traffic circulation, wails, landscaping, parking lot illumination, underground utilities and a portion of the required parking spaces shall be waived. 15. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That the Planning Commission shall review the subject use permit six months from the date of City Council approval. PA2013-203 Attachment No. PC 5 City Council Minutes of UP1677 41 PA2013-203 NTENTIONALLY BLANK PAGE 50 PA2013-203 G`r (Y OF NEWPORT BE-.ACH COUNCIL MEMBERS MINUTES am r rer r �� �� September 11, 1989 illlDEX 5. That no construction GPA 89-1(C) vehicles operating from the subject project be permitted to turn left onto Seaward Avenue to access the Morning Canyon traffic light; and 6. That no construction take place on Saturdays, Sundays, or City -observed holidays; however, the developer is permitted to lean the site on S turdays, providing no po machinery is use 3d MAYOR PRO TEM. PLUMMER ENTER THE MEETING AT THIS TIME (8.15 P.M.) AND TOgK HER SEAT. Mayor Strauss requested \h Council Member Sansone amend the moon to extend the affordability perwe d from 20 to 35 years, to which there no a objections. Council Member Turner commented that he did not want to see the 35-year \ \ affordability period become the new "benchmark" for the City as a result of� this action. Ayes x x x x x The motion, as amended, was voted on and Abstain x carried. 3. Mayor Strauss opened public hearing and U/P 1677(A), City Council review of USE PERMIT NO. Var 1106 1677 (Amended) and VARIANCE NO. 1106 - (88) Request of the Stuft Noodle Restaurant, Newport Beach, for consideration of adding or modifying Conditions of Approval of said applications, approved by the Planning Commission at its meeting on August 10, 1989. Property located at 215-217 Riverside Avenue, on the northwesterly corner of Riverside Avenue and Avon Street; zoned SP-5. Report from the Planning Department. The City Clerk advised that after the agenda was printed, approximately 22 letters were received in support of the Stuft Noodle remaining open during the lunchtime hour. Volume 43 - Page 362 PA2013-203 C TY OF NEWPORT BLACH VUMWL. ro r_Mt Kb MINUTES G �Yy' "A I' o 9 101, G r p 2� N LL �� oo September 11, 1989 The City Manager stated that the subject U/P 1677(A) restaurant has a history going back to 1973 when the Planning Commission approved the sale of beer and wine service at the Stuft Noodle Restaurant. The Planning Commission further amended the use permit in 1975 and 1983, and then on September 20, 1984, a condition was added which stipulated that when Avon Street was improved, the City shall review the Stuft Noodle operation again, inasmuch as said improvement could impact the parking. Avon Street has now been improved, and at the Planning Commission meeting of August 10, 1989, they voted (4 ayes, 3 noes) to recommend the approval of this matter which permits the full operation of the facility at night and on weekends, and the limited lunchtime operation during the week. It was pointed out that the major concern of the three Commissioners, who voted in opposition to the review, was the inadequate parking for the restaurant use for a limited operation at lunchtime during the week. However, a majority of the Commissioners were of the opinion that Condition of Approval No. 15 gives the Planning Commission the opportunity to review the use permit at a later date if it is determined that the traffic and parking are detrimental to the neighborhood. The applicant informed the Planning Commission that the restaurant serves a maximum of 24 customers at lunchtime during the week, and many of the customers walk to the restaurant facility. In addition, only four employees work in the restaurant during that time, and all of the employees park in the adjoining Municipal Parking Lot. Mel Malkoff, 417 Tustin Avenue, representing the owner of the Stuft Noodle, addressed the Council in support of allowing the restaurant to remain open during lunchtime, and to waive the parking requirements.- He stated that parking has been a long-time issue in Newport Heights; however, he felt that the municipal lot in Mariners Mile is underutilized. The owner of the Stuft Noodle has written a letter to the City Council requesting he be permitted to purchase three annual parking permits in the local municipal lot which would act as "off street," or in -lieu parking for Volume 43 - Page 363 1� PA2013-203 ROL r� CITY OF NEWPORT SmACH MINUTES C',p � A September 11, 1989 the restaurant for the lunchtime U/P 1677(A) business. Only one room of the restaurant is used at lunchtime which translates into 14 parking spaces for that size room. Patrons that frequent the restaurant are local residents and merchants from the area who walk to the restaurant rather than drive their car. He submitted two additional letters and a petition with 18 signatures in support of the Stuft Noodle's request to remain open at lunch, and urged the City Council to sustain the action of the Planning Commission. Ken Urbanus, President of Sunburst Mortgage Company, 204 Riverside Drive, addressed the Council in favor of the Stuff Noodle. He stated he has 17 employees in the office, and entertains clients often who patronize and enjoy the Stuft Noodle. Dr. Jan Vandersloot, 2221 16th Street, addressed the Council and stated that he was not opposed to the Stuft Noodle, but felt there is a parking problem during lunchtime. He stated he has observed customers of the Stuft Noodle park their vehicles across the street and then walk to the restaurant. He reviewed the history of parking in the area relative to the Stuft Noodle, and stated he would like to see a more conscientious effort to try and mitigate the parking if this request is approved. He cited a few areas in the Mariners Mile vicinity where parking might be available, and stated that, inasmuch as restaurants are one of the highest traffic generators, he felt the request to waive the parking requirements should be denied. Mary Ann Malkoff, 417 Tustin Avenue, representing the applicant, addressed the Council in support of the Stuft Noodle. She advised that she had contacted Bob Grable regarding the possibility of leasing some parking spaces at the John Dominis site during lunchtime hours; however, she now understands from City staff that the parking spaces would have to be leased four to five years, which may not be possible. She emphasized that the majority of their customers walk to the restaurant and that many times they never serve over 20 people during lunch. Volume 43 - Page 364 1q 15S PA2013-203 CITY . QF NEWPORT BkCH COUNCIL MEMBERS IMINUrES �► Z�Z �� ��� 9Gca pa► �► dot .fl N September 11, 1989 Janine Gault, 406 San Bernardino Avenue, U/P 1677(A) representing Newport Heights Community Association, addressed the Council and stated that the Stuft Noodle has been a "good neighbor;" however, there is the ever-increasing parking problem in Mariners Mile which is a major concern. She felt that review of the subject permit was perhaps the appropriate time in which to mitigate some of the parking problems even though the Stuft Noodle is probably one of the smallest traffic generators in the area. Their association would like to help in any way they can to mitigate the problems, and would also urge that the parking requirements not be waived. Robert Douk, owner of the Stuft Noodle Restaurant, addressed the Council and stated that the lunchtime trade was not his major business; however, he needed the lunchtime business in order to break-even. He has served anywhere from 3 to 30 customers during the noon hour, and he would like to be given the opportunity to prove that he is not a burden on the community. He does not feel his patrons cause any traffic or parking problems as the majority of them walk to his restaurant at lunchtime. Council Member Hart commented she wished to clarify for the record that the Stuft Noodle is deficient of 29 parking spaces when open at lunchtime, rather than the 3 parking spaces as referenced by earlier speakers. Mr. Douk replied that there are approximately 6 businesses in the offices above the restaurant, and that many of those employees are out in the field from about 10:00 a.m. to 4:00 P.M., and that his lunch trade is only from 11:30 a.m. CO 1:30 p.m. The restaurant closes at 2:30 p.m. and reopens again at 5:00 p.m. The Public Works Director advised that the subject building was first constructed in 1958 and at that time parking was inadequate, and it was this particular project that led the City Council to adopt off-street parking standards. The building was developed prior to the existence of those off-street parking standards. Volume 43 - Page 365 154 PA2013-203 SIT Y OF N EW PO RT Bt-ACH COUNCIL MEMBERS MINUTES A �� 1, Gp2� boy G�� September 11, 1989 lNf)FX Cheryl Slepack of Balport Lock and Safe, U/P 1677(A) 177 Riverside Avenue, addressed the Council in support of the Stuft Noodle. She stated she felt it would be a great "loss" to the immediate community if the restaurant were closed during lunch, as it is very convenient to order items "to go" to take back to their businesses. She feels the parking problem is not caused by the Stuft Noodle, but is a result of the entire area. Richard Kaufmann, owner of C'est Si Bon Bakery, 149 Riverside Avenue, addressed the Council in favor of the Stuft Noodle. He stated he has owned the bakery at this location for 10 years and that many of his employees eat at the restaurant. He also felt that many of the parking problems in the area are caused by other businesses and not by the Stuft Noodle. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Hart stated there has been a long-time concern of the residents and merchants in the area to resolve the parking issues in order to make Mariners Mile successful. She pointed out again the deficiency of 29 parking spaces on the part of the Stuft Noodle, and emphasized how important it is to the area to have adequate parking. Motion x Following above comments, Council Member Hart moved to overrule the decision of the Planning Commission and deny the request for week -day operation, based on the Findings for Denial designated as Exhibit "B." Council Member Cox spoke in opposition to the motion, commenting he did not feel the Stuft Noodle was "harmful" to the parking situation during the noon hour, and that the restaurant should not be penalized for the overall parking problem in the area. Motion x In view of the foregoing comments, Ayes x x x x substitute motion was made to sustain Noes x x the decision of the Planning Commission, with Planning Commission review of the subject use permit in six months. The applicant is also urged to make every effort to seek additional off -site parking spaces in the Mariners Mile area. Volume 43 - Page 366 16 55 PA2013-203 NTENTIONALLY BLANK PAGE 50 PA2013-203 Attachment No. PC 6 City Council Staff Report of UP1677 57 PA2013-203 NTENTIONALLY BLANK PAGE 52 PA2013-203 City Council Meeting ireptembe:r1.1 1989 _ Agenda Item No. CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: A_ Use Permit No_ 1677 Amended) D-3 Public hearing and City Council review of a request to review Use Permit No. 1677 (Amended) that permitted an expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunchtime operation. The review will permit the City Council to consider adding or modifying Conditions of Approval to said application. ukao B. Variance No. 1106 Public hearing and City Council review of a request to review Variance No. 1106 that permitted the waiver of a portion of the required off-street parking spaces in conjunction with the Stuft Noodle Restaurant. The review will permit the City Council to consider adding or modifying Conditions of Approval to said application. LOCATION: A portion of Lot D, Tract No. 919, located at 215-217 Riverside Avenue, on the northwesterly corner of Riverside Avenue and Avon Street, across Avon Street from the United States Post Office. ZONE: SP-5 APPLICANT: Stuft Noodle Restaurant, Newport Beach OWNER: Ms, Nelly Brandsma, Newport Beach Application This is a request to review Use Permit No. 1677 (Amended) that permitted an expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunch- time operation. At its meeting of September 20, 1984, the Planning Commission approved the one year review of said use permit. Condition of Approval No. 3 of the review provided that the "Planning Commission shall review these applications again when a project is approved that would provide for the ultimate design and improvement of Avon Street." On September 20, 1984, the Planning Commission also approved the one year review of Variance No. 1106 that permitted the waiver of a portion of the required parking spaces in conjunction with the expanded operation for the Stuft Noodle Restaurant. Condition of Approval No. 3 of the review also provided that PA2013-203 TO: City Council - 2. Variance No. 1106 be reviewed by the Commission when Avon Street is iaaproved. Subsequent to the approval of this application, the Municipal Code has been revised so that a variance is no longer necessary to waive parking spaces for a restaurant use. Section 20.72.130 of the Newport Beach Municipal Code provides that the Planning Commission, or City Council on review or appeal, may modify or waive any of the development standards for restaurant uses, including required parking spaces "if strict compliance with the standards is not necessary to achieve the purpose of intent of the standard." Since Use Permit No. 1677 (Amended) is now able to provide for the waiver of parking, Variance No. 1106 is no longer necessary. Suggested Action Hold hearing; close hearing; if desired, sustain, modify or overrule the decision of the Planning Commission. City Council Action At its meeting of August 28, 1989, the City Council called this matter up for public hearing and review as provided in Section 20.82.070 of the Newport Beach Municipal Code. Planning: Commission Recommendation At its meeting of August 10, 1989, the Planning Commission voted (4 Ayes, 3 Noes) to recommend the approval of this matter with the Findings and subject to the Conditions of Approval set forth in the attached excerpt of the Planning Commission minutes dated August 10, 1989. The recommended approval permitted the full operation of the restaurant facility at night and on weekends, and the limited lunchtime operation during the week. The major concern of the three Commissioners who voted in opposition to the review was the inadequate parking for the restaurant use for a limited operation at lunchtime during the week. However, a majority of the Commissioners were of the opinion that Condition of Approval No. 15 gives the Planning Commission the opportunity to review the use permit at a later date if it is determined that the traffic and parking are detrimental to the neighborhood. The applicant informed the Planning Commission that the restaurant serves a maximum of twenty- four customers at lunchtime during the week, and many of the customers walk to the restaurant facility (see attached letters from customers). In addition, only four employees work in the restaurant use during that time, and all of the employees park in the adjoining Municipal Parking Lot. Respectfully submitted, .TAMES D. HEWICKER Planning Director by C WILLIAM R. LAYCOCK WRL/kk Current Planning Manager CCUP167A/V1106.811 PA2013-203 TO: City Council - 3. Attachments for City Council Only: Planning Commission Staff Report dated 8/10/89 with attachments, including an excerpt of the Planning Commission minutes dated 7/20/89 Letters from Customers of the Restaurant Facility Excerpt of the Planning Commission Minutes dated 8/10/89 0i PA2013-203 Planning commission Meeting jut 2E5�1989 Agenda Item No. s CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SECT: A. Use Permit Kc. 1677 AneDded ublic Hearin ACTION: Request to review Use Permit No. 1677 (Amended) that permitted an expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunge time operation. The review will permit the Planning Commission to consider adding or modifying conditions of approval to said application. FA E_ Variance No. 1105 Public Fearin Request to review Variance No. 1106 that permitted the waiver of a portion of the required off-street parking spaces in conjunction with the Stuft Noodle Restaurant. The review will permit the Planning Commission to consider adding or modifying conditions of approval to said application. LOCATION: A portion of Lot D, Tract No. 919, located at 215-217 Riverside Avenue, on the northwesterly corner of Riverside Avenue and Avon Street, across Avon Street from the 'United States Post Office. ZONE: SP-5 APPLICANT: Stuft Noodle Restaurant, Newport Beach OWNER: Ms. Nelly Brandsma, Newport Beach ftnlication This is a request to review Use Permit No. 1677 (Amended) that permitted an expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunch time operation. At its meeting of September 20, 1984, the Planning Commission approved the one year review of said use permit. Condition of Approval No. 3 of the review provided that the "Planning Commission shall review these applications again when a project is approved that would provide for the ultimate design and improvement of Avon Street". 0 PA2013-203 TO: planning Commission -2. on September 20, 1984, the planning Commissions also approved the one year review of Variance No. 1106 that permitted the wai�rer of a portion of the required parking spaces in conjunction with the expanded operation for the Stuft Boodle Restaurant. Condition of Approval Lao. 3 of the review also provided that Variance No. 1106 be reviewed by the Commission when Avon Street is improved. Subsequent to the approval of this application, the Municipal Code has been revised so that a variance is no longer necessary to waive parking spaces for a restaurant use. Section 20.72.130 of Newport Beach Municipal Code provides that the planning Commission, or City Council on review or appeal, may modify or waive any of the development standards for restaurant uses, including required parking spaces "if strict compliance with the standards is not necessary'to achieve the purpose of intent of the standard". Since Use Pewit No. 1677 (Amended) is now able to provide for the waiver of parking, Variance No. 1106 is no longer necessary. Envirpnlexntal Significance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Enavironmental quality Act under Class 1 (Existing Facilities). Con orms ce with the General Plan and Kcal Coastal -Program, Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Ulan designate the site for "Retail and Service Commercial" uses. The subject restaurant is a permitted use within this designation, in accordance with the provisions of the California Coastal Act, the subject application also requires the approval of the Coastal Commission. Sub"ect Pro ert and Surroundine Land Use A three story building, consisting of the Stuft Noodle Restaurant on the first floor and 5,846± sq.ft. of office and storage space on the second and third floors, exist on the property in question. To the north is a steels bank leading a,ap to property with single family development under construction; to the east, is a single family dwelling under construction, and across Riverside Avenue, is a single family dwelling and commercial property; to the south, across Avon Street, is a United State Post office; and to the west is a park site. Background At its meeting of June 7, 1973, the planning Commission approved Use Permit No. 1677 to permit the sale of beer and wine in conjunction with the Stuft Hoodle Restaurant, subject to the following conditions: 1. That this approval be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 2. No beer or wine shall be served between the hours of 12:00 midnight and 11:00 a.ms. os I�/ PA2013-203 TO; Planning Commission -3 At its meeting of January 2, 1975, the Planning Commission approved Use Permit No. 1677 (Amended) which was a request to expand the existing kitchen, add additional storage areas and a private office and to expand the existing dining areas to accommodate an occupant load of 66 persons. Said approval was subject to ten conditions as outlined in the attached excerpt of the Planning Commission minutes dated January 2, 1975. On September 8,1983, the Planning Commission approved Use Permit No. 1677 (Emended) that permitted the expansion of the nighttime "net public area" of the subject restaurant facility and to allow a limited lunch time operation during the week whereas the existing use permit prohibited the restaurant from operating before 5:00 p.m. during the week. Variance No. 1106 was also approved by the Commission to waive a portion of the required off-street parking. spaces. At its meeting of September 12, 1983, the City Council voted to call the. action of the Planning Commission up for review. On September 26, 1983, the City Council sustained the decision of the Planning Commission. At its meeting of September 20, 1984, the Planning Commission approved the one year review of Use Permit No. 1677 (Amended) that permitted the expanded Stuff Noodle Restaurant with on -sale beer and wine and a limited lunch time operation. The Commission also approved the one year review of Variance No. 1106 that permitted the waiver of a portion of the required off-street parking spaces in conjunction with said restaurant use. An excerpt of the Planning Commission minutes regarding the review as well as the original minutes of the Planning Commission and City Council of 1983 are attached for Commission review. Condition of Approval No.3 of the review provided that the "Planning Commission shall review these applications again when a project is approved that would provide for the ultimate design and improvement of Avon Street". The Public Works Department has indicated to staff that Avon Street is scheduled to be reconstructed in front of the subject property within the next few months. The improvements will include the construction of curb, sidewalk, street lighting, storm drain and street paving along Avon street. An improvement plan showing the new street configuration in front of the Stuft Noodle Restaurant is attached for Commission review. Parking„ Requirements At the time the subject restaurant was expanded in 1975, the total "net public area" was 909± sq.ft. and the rear portion of the restaurant was approved for a private office and storage areas. The restaurant parking requirement was one parking space for each three seats. Based on this formula and the availability of 22 parking spaces on site, the Planning Commission limited the restaurant operations to 66 seats. If the approved restaurant were established today, containing 909± sq.ft. of "net public area", the current restaurant parking standard would require one parking space for each 40 square feet of "net public area" or 23 parking spaces (909± sq.ft. 40 ® 22.72 or 23 spaces). Based on the same formula, the parking requirement for the expanded restaurant in 1983, PA2013-203 TO: Planning Commission -4. containing 1,201± sq.ft. of "net public area", was 30 parking spaces (1,201± sq.ft. = 40 — 30 spaces). A, portion of the subject restaurant (764± sq.ft. of ,net public area") was also approved to be open for a daytime lunch operation. Based on the current parking :requirement of one parking space for each 40 sq.ft. of "net public area", 20 parking spaces would be required for the limited lunch operation (764± sq.ft. 40 19.1 or 20 spaces). In addition to the restaurant use, there is approximately 5,846 sq.ft. of office space and related storage areas located on the subject property. used on the current office parking requirement of one parking space for each 250 sq.ft. of floor area, 24 parking spaces are required for the existing daytime office uses (5,846± sq.ft. 250 sq.ft. — 23.3 or 24 spaces). Since there are 27 parking spaces located, or partially located, on the subject property (see attached parking lot layout), the Planning Commission and City Council waived 17 of the required 20 parking spaces at lunchtime during the week and required all 27 parking spaces on -site to be available for the restaurant use at night and on weekends. Anal The attached improvement plan for Avon Street indicates that 10 parking spaces will be located in front of the Stuft Noodle Restaurant. The parking spaces will be located entirely on public right-of-way, and will probably be restricted to 2 hours parking during daytime hours. Said spaces will no longer be available for the exclusive use of the restaurant facility. The existing parking layout provides 10 parking spaces in front of the commercial building. The front portion of said parking spaces are located on private. property, and so the restaurant operator has used the spaces exclusively for the restaurant use (i.e. wheel stops in the parking spaces say, "Restaurant Only"). The approved parking layout for the Stuft Noodle Restaurant also indicates parking spaces located on the easterly side of the building adjacent to Riverside Avenue. Said spaces will also be eliminated in conjunction with the improvement of Avon Street and the construction of new trash and storage areas for the restaurant facility. The removal of 12 parking spaces (Spaces No. 16-27) will provide only 15 ore -site parking spaces for the restaurant and office uses located on the subject property during the daytime hours of the week. Staff is concerned that allowing the restaurant to be open for lunch during the week without adequate off-street parking will adversely affect other businesses in the area where there is already a high parking demand. Staff has no objections with the full operation of the restaurant at night and on weekends when most other commercial uses in the area are closed, inasmuch as most of the 10 public parkin„ spaces in front of the building on Avoca Street will undoubtedly be available for restaurant patrons. The applicant would like to maintain the existing hours (11:00 a.m. to 2:30 p.m., Monday through Friday) for the limited lunchtime operation. He indicated to staff that only 20± people a day eat at the restaurant facility at lunchtime during the week, and many patrons walk from the adjoining residential or PA2013-203 TO: Planning Commission -5. commercial areas. Only four employees work in the facility during that time, while a maximum of ten employees are on duty at night and on weekends. The restaurant is also open for business from 5:00 p.m. until 10:00 P.M. most of the week, but remains open until 11:00 p.m. on Friday and Saturday. Restaurant Development Standards. Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that building setbacks, a portion of the parking spaces and traffic circulation, walls surrounding the restaurant site, landscaping, parking lot illumination and underground utilities be waived due to the existing developed nature of the site. Trash Enclosure Condition of Approval No.8 of the one year review of Use Permit No. 1677 (Amended) and Variance No. 1106 provides that "all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets". As part of the periodic review of use permits, the Assistant Code Enforcement officer became aware that the doors of the trash enclosure for the restaurant facility adjacent to Riverside Avenue had been removed, and that the dumpsters and garbage were visible to pedestrians and motorists on Riverside Avenue. The applicant received a building permit that authorized the construction of the enclosure for the trash and storage areas. However, the enclosure would open onto the public right-of-way on Riverside Avenue (see attached plan of storage area). The enclosure is also adjacent to a stucco wall which virtually obscures any view of a proposed sidewalk on Riverside Avenue by motorists exiting the steep driveway northerly of the commercial building. This sidewalk is intended to be a portion of a "park loop" trail that will provide a major pedestrian link from Newport Heights to the United States Post Office and adjoining commercial property. Tine applicant has agreed to relocate the trash enclosure so that the trash doors and the trash trucks will not interfere with pedestrians on the sidewalk on Riverside Avenue. The existing block wall adjacent to the driveway will also be lowered adjacent to the Riverside Avenue right-of-way so as to provide better sight distance for motorists on the steep driveway_ PA2013-203 TO: Planning Commission -6. Syecific_Findines Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use of building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve Use Permit No. 1677 (Amended) with the full operation at night and on weekends, and the limited lunchtime operation during the week, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Should the Planning Commission wish to deny the limited lunchtime operation during the week but to maintain the full restaurant operation at night and on weekends, the findings and conditions of approval set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEVICKER, Director By William R. Laycock Current Planning Manager WRL:11 Attachments; Exhibit "A" Exhibit "B" Vicinity Map Excerpts of the Planning Commission Minutes dated January 2, 1975, September 8, 1983 and September 20, 1984 Excerpt of the City Council Minutes dated September 26, 1983 Street improvement Plan Existing Parking Layout Proposed Storage Area Restaurant Floor Plan PA2013-203 TO: Planning Commission -7. EXHIBIT "A" FINDINGS AND CONDITIONS FOR APPROVAL FOR USE PERMIT NO. 1677 (AMENDED) FINDINGS: 1. The proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking is provided for the restaurant use at lunchtime during the week, since many of the restaurant patrons walk from adjoining residential and commercial areas. Furthermore, most of the public parking spaces located directly in front of the restaurant facility will be available at night and on weekends for restaurant patrons. 4. The approval of Use Permit No. 1677(Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That the previous Use Permit No. 1677 (Amended) and Variance No. 1106 shall expire with the approval of this application. 3. That the restaurant shall be allowed a limited lunch time operation during the week which will include the front entrance area and the front dining area (764± sq.ft. of "net public area") only. 4. That the existing parking lot shall be maintained with approved traffic markers or painted white lines not less than 4 inches wide, in accordance with the existing parking layout. All fifteen parking spaces on the site shall be accessible and usable for vehicular parking at all times. A directional sign shall be maintained PA2013-203 TO: Planning Commission -8. designating that parking is available to rear of the building. 5. That all asphaltic pavement surfaces of the existing parking areas shall be maintained. 6. That all of the required daytime restaurant parking spaces are waived and all of the existing on -site parking spaces (15 spaces) shall be available for the exclusive nighttime use of the Stuft Noodle Restaurant. 7. That all mechanical equipment and trash areas shall be screened from adjoining streets. The existing trash area shall be relocated so that the trash doors and trash trucks will not interfere with pedestrians on the sidewalk on Riverside Avenue. 8. That approximately 5 feet of the existing block wall adjacent to the driveway on Riverside Avenue shall be lowered so as to provide better sight distance for motorists on the steep driveway. 9. That no alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. 10. That the restaurant employees shall be required to park their automobiles in the "Mariner's Mile" municipal lot. 11. That all signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code. 12. That the hours of operation for the restaurant use shall be limited from 11:00 a.m. to 10:00 p.m., Sunday through Thursday and to 11:00 p.m. on Friday and Saturday. 13. That the applicant shall obtain Coastal Commission approval of this application. 14. That the development standards pertaining to traffic circulation, walls, landscaping, parking lot illumination, underground utilities and a portion of the required parking spaces shall be waived. 15. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is PA2013-203 i0. planning Commission -9- detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 7� PA2013-203 TO: Planning Commission -10. EXHIBIT "B" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1677 (AKENDED) (Restricts Lunchtime Operation During the Week) FINDINGS: 1, The proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking is not provided for the restaurant use at lunchtime during the week, inasmuch as the parking spaces in front of the site on Avon Street will be for public use when Avon Street is improved, and the on -site spaces will be used by office tenants. However, most of said public parking spaces located directly in front of the restaurant facility and all of the on -site parking spaces will be available at might and on weekends for restaurant patrons. 4. The approval of Use Permit No. 1677 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That the previous Use Permit No. 1677 (Amended) and Variance No. 1106 shall expire with the approval of this application. 3. That the existing parking lot shall be maintained with approved traffic markers or painted white lines not less than 4 inches wide, in accordance with the existing parking layout. All fifteen parking spaces on the site shall be accessible and usable for vehicular parking at all times. A directional sign shall be maintained designating that parking is available to rear of the building. PA2013-203 TO: planning Commission -11. 4. That all asphaltic pavement surfaces of the existing parking areas shall be maintained. 5. That all of the existing on -site parking spaces (15 spaces) shall be available for the exclusive nighttime use of the Stuft Noodle Restaurant. 6. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. The existing trash area shall be relocated so that the trash doors and trash trucks will not interfere with pedestrians on the sidewalk on Riverside Avenue. 7. That approximately 5 feet of the existing block wall adjacent to the driveway on Riverside Avenue shall be lowered so as to provide better sight distance for motorists on the steep driveway. 8. That no alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. 9. That the restaurant employees shall be required to park their automobiles in the "Mariner's Mile" municipal lot. 10. That all signs shall be in conformance with Beach provision of Chapter 20.06 of the Newport Municipal Code. 11. That the hours of operation for the restaurant use shall be limited from 5:00 p.m. to 10:00 p.m., Sunday through Thursday and to 11:00 p.m. on Friday and Saturday. 12. That the applicant shall obtain Coastal Commission approval of this application. 13. That the development standards pertaininttraffics circulation, walls, landscaping, parking illumination, underground utilities and a portion of the required parking spaces shall be waived. 14. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or morals, detrimental to the health, safety, peace, comfort, or general welfare of the comrmunity. PA2013-203 a 0 8; srE .wA.& AOO Ar � � rt rrF slave ' ads AAr R-L 1�• •�VIEW to � � •- CP � 9. 0 o •1 � 1 A r S �1 _ w. .e .w, rc� ,ar�ro• c•��m._•a� r.xcac a•� c.r vwr C-9�9@ IP1 i� � •� � .ram � .r ...M 't� �..� <... •,• .... � •. a wa 9 ..cg ® \ `\ � sr.e •+.sue rqa a DISTRICTING MAP" NEWPORT BEACH -- CALIFORNIA RSA' RGRiCULTURAL RVStOEkYWL .......... L, OtAJIPLE RCSIUCHTIAL 9--1 S14GId FAMkV RE530CMTIALy1GNT CcmrEFCML A-"2 4UPLfR RESIOOMAL L_�.i GEN4AAL C6e4wERCIaI - ! �.-,�,. .-e R--) RCSTb. riIR, mi ramtT rttsrENTUIL �_ t--iI MANUFACTURING '-� 98G _ ,-L. CWBIMIMi 6157 PiGiSL {j UNCLASSIFIED "-A0 5 T $ACK SNOW, THUS•rfT- UMITED COMMERCIAL 1'EC r,ag4� PA2013-203 NTENTIONALLY BLANK PAGE 74 PA2013-203 Attachment No. PC 7 Materials Boards �15 PA2013-203 NTENTIONALLY BLANK PAGE 70 PA2013-203 �1 61 72 1 . L oil L A1ES4T �&- 5; eculra/7f �eirrode� COn/CEPT/�liLS OR 3-2✓✓E64Z �est�rrrnt �eMode/ COn/CEPT�l,4L5 �- e ; r.�► Ila �ci�LoR- g1- PA2013-203 NTENTIONALLY BLANK PAGE g2 PA2013-203 Attachment No. PC 8 Mariners Mile Design Guidelines 2S PA2013-203 NTENTIONALLY BLANK PAGE m PA2013-203 • • • MARINER'S MILE NEWPORT BEACH, CALIFORNIA STRATEGIC VISION 0 DESIGN FRAMEWORK -f- 1a PA2013-203 MARINER'S MILE NEWPORT BEACH, CALIFORNIA STRATEGIC VISION 0 DESIGN FF RAMEWORK CITY LIGHTS DESIGN, ALLIANCE Keenan E. Smith, AIA Lee Anne Kirby, ASLA- Kirby & Company City of Newport Beach October 4, 2000 PA2013-203 MARINER'S MILE CONTENTS INTRODUCTION: THE CALL FOR A DESIGN FRAMEWORK 0.10 CHARGE AND PURPOSE 0.20 MARINER'S MILE TODAY 0.30 ONE PAST, MULTIPLE FUTURES A STRATEGIC VISION FOR MARINER'S MME 1.10 IMPROVING THE AuTQ-RELIANT STRIP 1.20 A V IB RANT PUBLIC WATERFRONT 1.30 CREATING MARINER'S VILLAGE 1.40 UPGRADING THE PUBLIC REALIvt 1.50 UPGRADING PRIVATE DEVELOPMENT STANDARDS 1.60 DISTRICT -WIDE COOPERATIVE SYSTEMS 1.70 CATALYST DEVELOPMENT AND MODEL PROJECTS 1.80 A COMPREHENSIVE STRATEGY A DESIGN FRAMEWORK FOR MARINER'S MILE 2.00 PLANNING AND URBAN DESIGN 2.10 PHYSICAL FRAMEWORK 2.20 ENTRY FEATMZES 2.30 MARINER'S VILLAGE 2.40 THE WATERFRONT 2.50 PACIFIC COAST HIGHWAY 2.60 STREET NAMES 2.70 LAM] USE CONSIDERATIONS PAGE 5 13 25 3.00 LANDSCAPE 39 3.10 LANDSCAPE OBJEC WES 3.20 PACIFIC COAST HIGHWAY EDGE LANDSCAPE 3.30 RIVERSIDE/TusTIN AVENUE LANDScAPE 3.40 TRAFFIC ISLAND LANDSCAPE 3.50 PROPERTY WALL LANDSCAPE 3.60 PARKING LOT LANDSCAPES 3.70 BLUFF LANDSCAPE 3.80 DOVER DRwE/BACK BAY BRIDGE INTERSECTION TREATMENT 4.00 SIGNAGE 47 4.10 SIGNAGE OBJECTIVES 4.20 GENERAL SIGN CRITERIA 4.30 SIGNS NOT PERMITTED 4.40 POLE S IGNs 4.50 MULTI -TENANT SIGNS 4.60 SINGLE -TENANT MONUMENT SIGNS 4.70 LEASING AND MARKETING SIGNS 4.80 THEME SIGNS 1014l00 PAGE 3 g� PA2013-203 MARINER'S MILE CONTENTS 5.00 ARCIrrrECTURE 56 5.10 SPEC me ARcHrmc ruRAL RECOMMENDATIONS 5.20 COLOR AND MATERIALS PALETTE 5.30 LIGHTING 5.40 EQUIPMENT 5.50 WALLS AND FENcEs 6.00 PARKING PROGRAM 6.10 SHARED VALET PARKING 6.20 PARKING DISTRICT 7.00 APPENDIX 7.10 REFERENCES AND SUPPORTING DocuMENT$ 65 66 10/4/00 22 ay 4 PA2013-203 MARINER'S MILE INTRODUCTION • THE CALL FOR A DESIGN FRAMEWORK The idea and initiative for creating a Design Framework for Mariner's Mile was recommended by the Mariner's We Business and Citizens Advisory Committee in their Study Recommendations dated April 2. 1997. Formed on August 26. 1996 by the Newport Beach City Council, this committee brought both residents and business concerns together to address the perception of negative change along Mariner's Mile. Specific issues motivating the Committee at the time of its formation were: decreasing real estate values as exhibited by pockets of vacant properties, a general decline in the quality of the physical environment, specific examples of abandonment and neglect, and the recent introduction of fast food franchises and marginal business activities, such as pawn shops in Mariner's Mile. Participants in- cluded members of the business community, local residents and design professionals, who met in a series of workshops over a period of nine months to discuss issues, examine the forces currently influ- encing Mariner's Mile and explore possible strategies to improve its prospects for the future. After months of collaborative meetings and discussions, the committee issued their findings as a series of "Goals and Recommendations for the Entire Study Area:' The Committee outlined its recommen- dations for a Development Framework as follows: "The City should use a land planning consultant to assist in developing policies to enable new 40 development/redevelopment throughout the study area to meet the following goals: a) Encourage lot consolidation, b) Encourage parking consolidation. c) Coordinate site design relative to adjacent properties, without establishing a design "theme" d) Upgrade onsile landscaping and fences e) Unify streetscape (lights, trees, paving materials. and fences) f) update sign standards to encourage signage practices and promote a higher quality image g) Deveiop public sign program to unify image and identify parking areas. and points of interest h) Enhance pedestrian access to businesses i) Upgrade entry monuments j) Reduce the number of curb cuts along Pacific Coast Highway k) Consider impacts on and goals of Mariner's Mile as individual parcels develop 1) include provision for public views of and access to the Bayfrom except where adequate public access already exists or where public access is inconsistent with public safety" l U14JIXl PAGE 5 2J PA2013-203 I N T R 0 D U C T 1 0 N MARINERS MILE • 0.10 CHARGE AND PURPOSE OF THE DESIGN FRAMEWORK The charge of the Design Framework document that follows is to produce a vision for an improved, enriched and enlivened Mariner's Mile which is consistent with the goals laid out by the Business and Citizen's Advisory Committee. The purpose of the Design Framework is to provide a thoughtful, imaginative and integrated set of design strategies, goals, and specific ideas to guide and assist the City, landowners, tenants and involved citizenry in reversing its negative image and improving the future prospects for Mariner's Mile. 0.20 MARINER'S MILE TODAY • At the present time, the area known locally as "Mariner's Mile" is undergoing a continuing a series of transformations, some of which are consistent with it's historical past and others which point to an uncertain future. • PAGi; 6 �0/4/00 PA2013-203 MARINER'S MILE INTRODUCTION Historically, Mariner's Mile has always been a focus for marine activities. Yacht brokers, shipbuilding, boat services and haul -out facilities, warehouses, slips and sportfishing docks shared the flat, sandy strip facing the Lido Channel at the foot of the Newport Heights, accessing both the water and the Pacific Coast Highway. As recently as the early 19$0's, Mariner's Mile stood as an example of what is considered good in Newport Beach: a thriving district of independent, locally oriented businesses, easily accessed from the City and region, parlaying its affinity to the waterfront and the marine environment with upscale restaurants, low-key entertainment, small offices and specialty shops. k ts� . w ■ d "'�d�M1I�'r' 4a: ao A■Iia�p� ■Y Ayy,�, �'• S , �.` n�1����`�q �3iY R:4Qrtgo�go-u�a�9Y�: �gi�ns•r�. .��� � - I�4tlt!!tillli'�tkltFltlttFttA; �"` R iS rOi;i f56.1i L'9i!-.if}L'YJ iI'�1 LJi I�� WPM Ni aft FIG. 0.1 MARINER'S MILE STUDY AREA This yeasty mixture of gleaming boats, sparkling water, luxury cars, expensive restaurants and ship's chandleries attracted locals and visitors alike. Within recent memory, the posh window seats of Mariner's Mile seafood restaurants were the place where residents brought newcomers to be initiated into the relaxed Newport Beach lifestyle revolving around boats, sunsets and the leisure activities of "the water'." 10j4/00 PAGE 7 9- PA2013-203 INTRODUCTION MARINER"S MILE Yet in the past decade noticeable changes have occurred along Mariner's Mile. Fast food restaurants and car washes have taken hold between Dover and Rocky Point, several upscale waterfront restaurants have closed or been replaced by themed entertainment concepts, "for lease" signs are commonplace, and some buildings from the 1960s and 1970s. are under-utilized. Pacific Coast Highway has been widened both north and south of the Mile and increased traffic volumes have made access to local businesses more difficult. Mariner's Mile is now perceived by some as in decline, perhaps even ugly; a place to pass through as quickly as possible. By most accounts, it is no longer the premier spot to take first time visitors to Newport Beach for a look at what Newport is all about. 0.21 Negative Changes While there are those who would debate the long-term economic effects of these changes, the negative land use and aesthetic impacts are clearly evident, including: a) Signs are prolific, many of them illegal and of questionable taste. b) There is a general lack of visual coherence and aesthetic appeal. c) Buildings vie for the attention of passing motorists, using increasingly garish colors, outlandish designs and overblown sign programs. d) Public access to and views of the waterfront are limited. e) There is little strong public landscape, and private landscapes do not provide unity. PAGE 8 91�4100 PA2013-203 MARINER'S MILE INTRODUCTION f) New franchise businesses are designed to "stick out" not "fit in". g) Automobile activity, and auto -oriented businesses predominate. h) The district is not pedestrian friendly: walking is unpleasant and crossing Pacific Coast Highway is difficult. ij The local post office has been displaced by a postal distribution center. j) Recent restaurant closures, such as Windows on the Bay, Autobistro & Chili's. 1014/00 f' ,. , `} 9S PA2013-203 INTRODUCTION 0.22 Positive Changes MARINER'S MILE Not all the recent changes have been negative. Positive examples include; a) Traditional marine -oriented businesses maintain a visible presence, symbolized by West Marine's expansion and renovation. b) Many commercial properties have been renovated in a quality manner, such as Mariner's Mile Marine Center and Newport Autosport, and the quality of tenants has generally improved. c) Vacancy rates are down considerably. d) Some new construction activity is evident. e) Some local restaurants have upgraded, such as Villa Nova. f) Other local eateries continue to thrive, such as The Charthouse, and The Arches g) Local cafes continue to attract regulars, such as C'est Si Bon, Cafe Panini and Galeos. h) The Arches Bridge (Newport Boulevard and Pacific Coast Highway) has been being entirely rebuilt. i) Portions of the Theodore Robbins site Inland West have been renovated. j) Balboa Bay Club plans to upgrade to a first-class resort. k) Orange Coast College Sailing Center has expanded and added a new Nautical Library. PAGE 10 1014/00 94 PA2013-203 MARINER'S MILE I N T R 0 D U C T 1 0ll • 0.30 ONE PAST, MULTIPLE FUTURES Mariner's Mlle's history is founded upon the activism and pride of its locally -owned business interests. Operating within the community of Newport Beach, the local business owners of Mariner's Mile provided local -serving goods and services in a unique commercial setting. These local, private actions were historically aligned in the best interests of the community and insured incremental change at a relatively small scale. Today Mariner's Mile is the second largest contributor to the City's sales tax revenues. But increasingly, Mariner's Mile is being influenced by external forces: the emergence and expansion of strong regional retail and entertainment centers; the recent proliferation of fine restaurant choices in the area, the exodus of some marine -related businesses and resident -serving business; the effects of the rapid development of South Orange County and Newport Coast; and, finally, the continuing evolution of Pacific Coast Highway into a high -volume, regional arterial. In short, the role played by Mariner's Mile within Newport Beach is changing, and its image within the community is being fundamentally altered. Envisioning a positive future for Mariner's Mile will require a clear understanding of its past, a solid grasp of the forces currently of change, and the cooperation and dedication of business leaders, city government officials, and the citizens of Newport Beach. Much has changed since Pacific Coast Highway was completed through the City in 1928, but certain basic influences still hold true: then, as now, Mariner's Mile depends on its access to both the waterfront and the highway. However, today the influences of the highway threaten to overcome much that Mariner's Mile has become. Historically, Mariner's Mile has been a commercial strip with strong dependencies on the highway, reliant on business opportunities generated by the car. But unlike the "Super -Street" Boulevards of Inland Orange County, Mariner's Mile was (and continues to be) different in at least two important ways: 0.31 Mariner's Mile is an integral part of Newport Beach, one of the most affluent communities in Orange County, entailing generally held expectations fora higher level of quality, higher design standards and greater expectations for the physical environment, 0.32 Mariner's Mile is endowed with a waterfront, part of the largest concentration of private boats on the West Coast. This gives Mariner's Mile the physical and visual presence of a vibrant waterfront, and creates unique opportunities for marine -oriented business, public and private access, views and enjoyment of this unique asset. These two distinct characteristics are unique and unalterable, and will continue to strongly influence the future of Mariner's Mile. 10/4/00 PAGE 11 9,5 PA2013-203 JINTRaDUCTJON MARINERS MILE. • Given the past history of Mariner's Mile and a review of its current state, one could conclude that prospects for the future rest on developing a public/private consensus leading to a program of policy changes necessary to insure a positive future. This argument makes the case that both the public and private sectors stand to gain from implementing policy changes (including the recommendations of this Design Framework)- On the other hand, a countervailing argument exists. purporting that Mariner's Mile is the primary product and concern of private interests who respond best to market forces. This reasoning makes the case for nonintervention, and represents, in a sense, the "Do Nothing" scenario. In our view, the Baseline Future of "Do Nothing" --the laissez-faire acceptance of the status quo condition and the failure to take steps now to stimulate improvement --will likely lead to the following implications and consequences: 0.33 Baseline Future of "Do Nothing" a) Continued transformation of properties to auto -serving uses b) Perpetuation of the aesthetics of strip commercial development 0 Possible decline of property values d1 Declining "sense of place" e) Possible continuation of the Ioss of higher -end uses such as upscale waterfront restaurants t) Eventual piecemeal or wholesale redevelopment As the concerned parties continue to respond to current economic conditions, external forces, and internal needs, a more desirable future may be envisioned for Mariner's Mile. What follows is a synapsis of possible strategic visions which taken together, separately or in combination could result in an improved Mariner's Mile over time. • PAGE 12 1014100 90 PA2013-203 MARINER'S MILL STRATEGIC VISION • • • A STRATEGIC VISION FOR MARINER'S MILE This section outlines a set of broad, strategic planing and conceptual initiatives. Together, they add up to a comprehensive vision for Mariner's Mile. The City is urged to consider and adopt this strategic vision to insure a positive future for Mariner's Mile. The City should also consider possible capital improvement and private sector incentives which would help facilitate and implement these ideas. 1.10 IMPRO NG THE ALITO-RELIANT STRIP Auto -reliant uses (auto dealers, drive-thru and stand-alone restaurants, car washes, convenience retail) have taken root and continue to seek -out portions of Mariner's Mile, particularly in the Inland East and Inland West reaches of Pacific Coast Highway, and there is every reason to believe that, barring significant changes to existing land use, regional traffic patterns and development policies, these subdistricts will continue to attract these types of uses. The design strategy therefore is specifically aimed at raising standards for development so tha(these types of uses do a better job of "fitting -in" to the Mile, and each project contributes its share to building a larger -scale visual coherence and continuity. z_ L ,;: fi a: o• �e - -� `-•-- °��� ���d�eenq�' � pia aa�y� rr+�'►'� � '�'`� pp +tallRae 68�t3lt� 1114Ktte� r � � � • •�'-�? : 79 :�?��. i��►yt 5� ire =i��i':a:.`ii� 4,6;1i1<■- ► � �t;."�:.. �� i7�: ailYQ�'�iG' _ L'�^�9 ��� FIG. 1.1 MARINER'S MILE AUTO RELIANT STRIP 1 ol4IQO PACaE 13 97 PA2013-203 STRATEGIC VISION MARINER"S MILE • Design strategies which successfully recognize and deal with the economic and physical realities of existing "auto -reliant" land uses, auto access and parcel configuration along significant "auto -reliant" portions of the Mile, include improving private development standards and requiring the addition of continuity elements (particularly landscaping) in order to contribute to the improvement of Mariner's Mile as a whole: 1.11 Recognize the auto -reliant nature of much of Pacific Coast Highway, particularly on those zones on the inland side, both east of Rocky Point and west of 3000 West Pacific Coast Highway, 1.12 Institute improved planning, design and development standards for auto -oriented businesses (i.e. requiring better quality buildings and landscaping to "fit in" with Mariner's Mile). • • PAGE 14 10/4/ 7t ] 92 • • • PA2013-203 MARINLR's M1I.r STRATEGIC VISION 1.20 A VIBRANT PUBLIC WATERFRONT The waterfront along Mariner's Mile is one of it's most unique and distinguishing features. Several planning and design initiatives are proposed to enhance this feature, improve connections to the rest of Mariner's Mile and broaden its benefits to the City as a whale, Ril�ainiJ�� 9Fi!l121 r17�1" Y r fr r • I - -1Vcw�1 Huhar Nigh School g ', .% I + t +w� !"?i Lido Chmml FIG. 1.2 MARINER'S MILE WATE-RFRONT 1.21 Create a continuously designed pedestrian environment, building north and south from public lands and Orange County leaseholds (Bistro 2i11, the Marina, CCC Sailing, Sea Scouts, Balboa Bay Club). 1.22 Encourage pedestrian connections to (and along) the waterfront wherever pos- sible. 1.23 Build/reinforce connections from water to Pacific Coast Highway and the proposed "Mariner's Village", 1.24 Encourage visitor -oriented uses on the waterfront wherever possible. 1014100 PAGF 1.5 9j PA2013-203 STRATEGIC VISION MARINER'S MILE • A� • MARINERS MILE WATERFRONT Ll PAGE 16 1 014100 100 PA2013-203 is • MARINER*4 MILF. 1.30 STRENGTHENING THE CORE: CREATING "NURINER'S VILLAGE" STRATEGIC VISION The area on the inland side of Pacific Coast Highway, at the foot of the bluffs in the vicinity of Tustin Avenue, Riverside Avenue, and Avon Street presents a unique opportunity for the creation of an active pedestrian -oriented retail district. Strategically located at the center of Mariner's Mile, such a "village" district has great potential to serve adjacent neighborhoods, visitors and existing marine uses. The structure for such a "village" is already present in the existing uses, pattern of streets and alleys and current relationships to neighboring uses. QPRIM Nkz °�piliQaYYt>i1all cp WZU, WN �'s�n����;:r�e� �4•. °`r"all43hF��l�"wP!E}ttllltlstitl�6h3llti .Mb �8 ti 371MI� R''�',.� FIG. 1.3 MARINER'S VILLAGE STUDY AREA At a minimum, reinforcing and building on the interesting mix of existing uses could provide a signifi- cant focal point for Mariner's Mile. Without much stretch of the imagination, it could all come to- gether here. connections to the waterfront, local -serving retail, marine uses and visitor attractions com- bining to create a new "heart" for Mariner's Mile. 1014100 PAGE 17 -101 PA2013-203 STRATEGIC VISION MARINER'S MILE • The intersections of Tustin and Riverside are important activity "nodes" along Mariner's Mile. At these points, traffic is brought to a stop by signals, allowing safe pedestrian crossings to the waterfront, and neighborhood traffic access to and from Pacific Coast Highway. This is also where the Bluff pulls back from the highway, allowing properties of significant size and depth to exist. This creates unique development opportunities, possibly even those of considerable magnitude to be envisioned. 1.31 Establish a Business Improvement District for "Mariner's Village" in the area below the bluff and served by Tustin Avenue, Riverside Avenue, and Avon Streets. 1.32 Promote a strong pedestrian orientation (streetscape, street furnishings & side- walks). 1.33 Consider lot swap/consolidation. Encourage the possibility of a cohesively developed Retail Center, with new Anchor tenants such as a Grocery and Drug store. 1.34 Actively solicit and promote local -serving tenants (upscale market, cafes & specialty retail). 1.35 Implement a comprehensive parking strategy, including preserving on -street parking, establishing a Mariner's Mile Parking District and encouraging more common parking lots. 1.36 Find new home for USPS Distribution Center. • PACs_ 18 1014100 102 PA2013-203 • • • MARINER"S MILE STRATEGIC VISION 1.40 UPGRADING THE PUBLIC REALM: ENTRIES, STREETSCAPE AND LANDSCAPE This strategy aims to upgrade the visual character of Mariner's Mile and seeks to strengthen aesthetic continuity throughout. The idea is to reinforce a district -wide identity and orientation through graph- ics, signage and the creation of a common landscape and streetscape. A sense of arrival and departure from the district is also enhanced though the design of entry monuments at its boundaries. 1.41 Improve the appearance of Pacific Coast Highway. 1.42 Strengthen/reclaim streetscape in Mariner's Village (Riverside Avenue, Tustin Avenue, and Avon Street). 1.43 Transform bluff landscape (starting with City Parks). 1.44 Implement a district -wide logo graphic. 1.45 Upgrade entry monuments at Dover and Newport Boulevard bridges. 1.46 Install district -wide directional signs. 1.47 Establish a Pacific Coast Highway landscape framework and palette: palms and hedge required at all developments. t ai4i00 PAGE 19 l03 PA2013-203 STRATEGIC VISION MARINER'S MILE • 1.50 UPGRADING PRIVATE DEVELOPMENT STANDARDS: SIGNAGE, ARCHITECTURE, AND LIGHTING This strategy seeks to encourage higher quality private development projects, while not restricting the individual expression businesses need to successfully convey their identity. • 1.51 Establish a real estate sign program for Mariner's Mile. 1.52 Enforce and clean up existing nonconforming signs. 1.53 Consider strengthening existing sign ordinance. 1.54 Require all buildings to be designed as "five -sided architecture" (i. e. designs must consider views of all walls and the roof). 1.55 Encourage backbone color palette and painting system for all buildings. 1.55 Control light glare spill -off by requiring "zero -cutoff' fixtures. 1.57 Encourage an upgraded family of fence and wall designs. The bulk of the visual clutter along Mariner's Mile is due to signs, some of which are not in conform- ance with the City's existing Sign Ordinance. Solving the problem of signage on Mariner's Mile will have a tremendous positive effect on it's image and visual quality. • PAGE 20 1014100 PA2013-203 • • MARINER'S MILE S'rRATEGIC VISION The design of individual buildings should recognize that all of Mariner's Mile is seen from above; therefore careful attention to the design of roofs is critical, along with the organization and screening of rooftop equipment. In addition, many buildings are seen by different constituencies from both the front and the rear, requiring equal design consideration. A common color palette (calm neutrals with accenting trim) could create a less discordant, more taste- ful and sophisticated look along the Mile, which has too wide a variety of building types to consider a uniform architectural style or predominant design theme. Lighting which is sensitive to adjacent residential neighborhoods in its intensity, color and careful deployment would minimize conflicts between commercial and residential land uses. Architectural details, such as site fences and gates also offer the opportunity to enhance quality and continuity through upgraded materials, design configurations and colors. 1.60 ❑ISTRICT-WtDE COOPERATIVE SYSIMMS ANIi AMENITIES Solving parking and parking distribution problems is key to revitalizing the district and ensuring healthy businesses along Mariner's Mile. This strategy tackles the problems of "parking territorial- ity" created by the on -site parking requirement by proposing a parking district for Mariner's Mile which would allow businesses to share available public and private parking. 1.61 Establish a parking district authority for Mariner's Mile_ l .62 Selectively eliminate the on -site parking requirement at Mariner's Village. 1.63 Create a valet parking "pool," drop/pickup points, and retrieval system. 1.64 4roanize a Mariner's Mile Business Improvement District. 0'4'00 PAGE 21 105 PA2013-203 STRATEGIC VISION k �Ir,g Village �- � FasignMiddle luming 6asui C� Lido Isk FIG. 1.6 PARKING DISTRIBUTION Lldo ouawl MARINER'S MII.R Ncwpnrl lhtl)nr I11gh SL'11-1 W T 8cek Bay d `bc Bay. i.r y Developing a balance between parking supply and demand is crucial to solving the problem. Highly visible Mariner's Mile Valet Stations, located both on the waterfront side and the inland side of Pacific Coast Highway, could help visitor -oriented waterfront uses gain parking capacity. Such cooperative systems could provide the first step in forging a common purpose for businesses on Mariner's Mile, perhaps leading to a Marine's Mile Business Improvement District with the means and methods for Providing much needed common services, facilities and amenities. • U 11 0 � PAGE 22 -160ploo PA2013-203 • • • MARINER'S M1Lr. STRATEGIC VISION 1.70 CATALYST DEVELOPMENTS AND MODEL PROJECTS Development of certain properties along Mariner's Mile have a large potential impact and hold larger possibilities for positive change than others. These land holdings are strategic by virtue of their size, visibility and/or location. Larger or multiple -lot developments have a better chance of providing exemplary development quality and promoting visual coherence and continuity. Such properties would typically have more resources available and more design flexibility to be able to make contributions to the larger whole. It would therefore be most important to encourage "Model Project" developments consistent with Design Framework and Specific Plan Goals most particularly at the following strategic properties: 1.71 Ardell property 1.72 Mariner's Village Retail Center & Shops .73 Ray property 1.74 Gugasian properties 1.75 Horwin property 1.76 Lower Castaways ss MAN ;NrY •t '+� �ti rypp� �ae a Rea i �i��l!!ir •rur - L ■� hl�Fll;7 tE�l!�1 ll�lEtt � E�1 'iR91A !! flG i;a it`+ ➢7i 90f� 7�9 1Y9 MY �� .1.`•!A•JR 711 47, Fm. 1.7 POTENTIAL MODEL PROJECTS 10/4/a4 PAGE 73 -o7 PA2013-203 STRATEGIC VISION MARINERS MILE • On the other hand, these properties (again by virtue of their size and location) have the greatest potential to disrupt efforts to improve Mariner's Mile. Prospective development efforts by landowners should be engaged early, on a proactive basis, to insure positive outcomes consistent with the overall vision. Successes in the development (or redevelopment) of these strategic properties will likely stimulate positive change elsewhere along the Mile in a "ripple effect" of potentially widespread scope. 1.80 A COMPREHEN5IVF STRATEGY The preceding strategic and conceptual initiatives, if taken separately, have only selective and limited potential for positively transforming the Mile. However, when taken together, the combined effect would be nothing short of a complete recasting of the future possibilities for Mariner's Mile and a fundamental repositioning of this district within Newport Beach. It our strong recommendation that full and serious consideration be given to the powerful synergistic effects of adopting a comprehensive vision for Mariner's Mile, complete with the implementation a program of short-term and long-term policies consistent with this vision. • • PAGE 24 1014/00 102 PA2013-203 • • • MARINER'S MILE; A DESIGN FRAM EWORK FOR MARINERS MILE Design Framework Goals and Objectives ❑E5IGN FRAMEWORK Mariner's Mile is a unique business district within the City of Newport Beach with its own particular set of design issues and opportunities. The strategic visions outlined in the previous section can be achieved thought implementation of specific design recommendations in the areas of planning, urban design, Iandscape, signage and architecture. The Design Framework sections which follow are aimed at creating the conditions necessary to promote a consistent. comprehensive vision and positive future for Mariner's Mile. LfIhe Vision is the "platform" of the Design Framework, the following sections on Planning and Urban Design, Landscape, Signage, and Architecture represent the philosophical "planks" of the Design Framework. 2.00 PLANNING AND URBAN DESIGN The planning and urban design framework for Mariner's Mile concerns itself with large- scale design conditions, district -wide relationships, and connections to the rest of Newport Beach. The following specific ideas and recommendations pertain to design improvements aimed at positively effecting the district as a whole. 2.10 PHYSICAL FRAMEwoRK A very clear physical design framework exists for Mariner's Mile. The boundaries of the study area can be described by four physical features unique to this part of Newport Beach: al The Arches Bridge b) The Back Bay Bridge c) The Newport Heights Bluff d) The Newport Bay/Lido Channel 1014/00 PAGE 25 iOJ° PA2013-203 DESIGN FRAMEWORK a Oda l AV FIG. 2.1 PHYSICAL FRAMEWORK MARINER'S MILE I hkwp60 Ruborr High 5_chvnl t • ' These physical features provide the underlying Fundamentals of a unique sense of place: clear boundaries, defined edges and a pronounced sense of arrival. These boundaries provide clear spatial definition and identity for Mariner's Mile. Combined with the powerful Iinear presence of Pacific Coast Highway, these define the physical parameters for the Mariner's Mile and establish the way the Mile is experienced. In short, these features tell you when you've arrived (or leave) Mariner's Mile and provide clear orientation from within once you're there. objective: The existing physical clarity of the district should be improved by strengthening and reinforcing the boundaries which define it: Entry Features, The Bluffs, The Arches Bridge, The Back Say BridgelDover Intersection and the Lido Channel Edge. • • • PACE ?b 1014100 --D PA2013-203 MARINER"S MILE 2.20 ENTRY FEATURES DESIGN FRAMEWORK One method to strengthen the sense of place of Mariner's Mile is to reinforce its entry features though the addition or enhancement of the related design features described in this section. The following graphic representations are for illustrative purposes only. 2.21 Adoption of a new logo for Mariner's Mile, related to or incorporating City of Newport Beach seal, for use at the entries Arches bridge and the Sack Bay bridge. 10/4/00 P.Ac i . 27 111 PA2013-203 DESIGN FRAMEWORK MARINER'S MILE 2.22 Installation of a new lighted `Welcome to Mariner's Mile' sign near the new Arches Bridge at Newport Boulevard facing southbound Pacific Coast Highway traffic. PAGE 28 1 D14ln4 -112 PA2013-203 • • MARINER'S MILE. DESIGN FRAMEWORK 2.23 Installation of a redesigned, lighted `Welcome to Mariner's Mile' sign as a new monument sign within the intersection landscape at Dover Drive facing north- bound Pacific Coast Highway traffic. 2.24 The planting of Red Bougainvillea as the signature color in massed plantings with clusters of palms at the two main entries of Mariner's Mile. t 014100 PAGE 29 PA2013-203 DESIGN FRAMEWORK MARINER'S MILE • • 2.25 The installation of flags or banners mounted to the Arches Bridge and the Back Bay Bridge to enhance the entry to Mariner's Mile, to create a memorable experience for regional traffic, and to foster the pedestrian connections among Mariner's Mile and Balboa Peninsula and Bayside Drive. • PAGE 30 1 a/4raa --4 PA2013-203 • • MARINERS MILE DESIGN FRAMEWORK 2.30 MARINER'S VILLAGE Mariner's Village, the area around the intersection of Pacific Coast Highway and Riverside and Tustin Avenues, is the core and focal point of Mariner's Mile. The City's long-term goal for this area should be to reinforce its potential to become the active "heart" of Mariner's Mile. In order to realize this potential, the appearance, liveliness and sense of place should he enhanced by promoting improvements to private development and the public realm, and generally encouraging a stronger pedestrian orienta- tion: 2.31 By developing a more human -scale streetscape, more inviting street furnishings, and more functional sidewalks. 2.32 By encouraging lot swaplconsolidation schemes, such as a new cohesively -developed retail center with a major anchor tenant. 2.33 By actively soliciting local -serving tenants such as upscale market, cafes, theaters, and specialty retail. 2.34 By implementing a parking strategy, including preservation of on -street parking, the establishment of a Mariner's Mile Parking District and the encouragement of more common parking lots. 2.35 By finding a new home for United States Postal Service Distribution Center so that the site can have a less truck -oriented use. i ~ .r- t a Jg Mch" Ondge ie Srs� �r w. sA a T�tnin� Basiu _ r — � �aK 5"Fu oy ►gKCA lldo�m� Sao tk / Sea c FIG. 2.3 MARINER'S VILLAGE. STUDY AREA 10/4/00 Nor 31 115 PA2013-203 ❑E5IGN FRAMEWORK 2.40 TIE WATERFRONT MARINER'S MILE The Waterfront along Lido Channel is one of the most beautiful and distinguishing features of Mariner's Mile. Currently, due to historic development patterns, the Waterfront is highly private, with limited public access to the water, blocked views and fragmented connections between properties. Opening -up the waterfront and promoting waterfront access should become a long-term goal of the City, as it has enormous potential for improving the image and economic health of the district as a whole. The City should consider both capital improvement and private -sector incentive programs which encourage opening -up the waterfront. Specific design concepts and policy strategies for the Waterfront include: 2.41 Create a continuous pedestrian environment along the Waterfront, beginning at the south end from the OCC Sailing Center and Sea Scouts Base (including an extension to the Balboa Bay Club) to the County -owned marina across from Arches on the north. 2.42 Encourage waterfront pedestrian connections between parcels wherever possible, 2.43 Build/reinforce connections from the Lido channel to Pacific Coast Highway and Mariner's Village. 2.44 Encourage visitor -oriented uses on the waterfront wherever possible. 2.45 Create a Mariner's Mile Waterfront Park at the county -owned marina south of the Arches Bridge. • 0 • PAGE 32 1 d14100 i-0 PA2013-203 • • • MARINER'S MILE 2.50 PAcEFIc CoAsT HIGHWAY DESIGN FRAMEWORK Mariner's Mile shares many of the same challenges faced by other commercial areas which are bisected by a major regional arterial highway. The presence and influence of West Pacific Coast Highway on the physical environment of Mariner's Mile cannot be understated. It is the major reason Mariner's Mile looks the way it does today. In a sense, Mariner's Mile (along with Corona del Mar), is where Pacific Coast Highway "goes through town." Northbound, just past Dover, the highway narrows due to a reduction in the number of lanes. From Dover to Rocky Point, Pacific Coast Highway is constrained by the bluff rock outcroppings of Rocky Point and the highway oriented, "wide/shallow" Inland East properties at the foot of the BIuff. From Rocky Point to the Arches, the fine-grain pattern of"narrow/deep" frontage properties in Mariner's Village frequently take direct access from the highway through a series of multiple curb cuts in a typical "strip commercial" pattern. 1014100 PACE 33 -1-7 PA2013-203 DESIGN FRAMEWORK MARINFR'S MILE Pacific Coast Highway is a regional artery; a wide, high-speed boulevard providing a convenient route for regional traffic. Pacific Coast Highway is also the "main street" of Newport Beach provid- ing access for many neighborhoods and business districts. The Mariner's Mile segment of Pacific Coast Highway provides vital access to local businesses and the waterfront as well as important ingress/egress to adjacent bluff -top neighborhoods. Cft Cm LL y 1+1'+f.r�i L ■ p p a r■�ji ' °!9� n' r�'►' CL%�` kiklkkEhl!!kklkktkkllkkk6lkkR!! i -i:ii[� fk�; [s 'i;a. �. r S�GY9y9L�ilp•�iC _ rAl[Y9GGL9�= �• fir`- r � ' P'` . '�"rEifE �' � �'+7R � �: � �- �. •`sns• don ■ �a �- �.' FIG. 2.5 PACIFIC COAST HIGHWAY ACCESS • • • PAGE 34 1 D14fOO --g PA2013-203 • 11 MARINER'4 MILE DESIGN FRAMEWORK Specific recommendations related to mitigating the impact of Pacific Coast Highway through Mariner's Mile are outlined below: 2.51 Encourage development of multiple lots and shared access agreements in order to consolidate curb cuts, thereby reducing potentially hazardous turning move- ments on and off Pacific Coast Highway. 2.52 Maintain and expand on -street parking capacity along Mariner's Mile to increase the pool of available convenience parking for businesses. 2.53 Encourage developments which access parking lots from rear through shared access alleys, driveways or parking lots, to reduce turning movements on and off Pacific Coast Highway, especially in the Mariner's Village area. 2.54 Discourage transportation policies and traffic engineering practices which pro- mote increased traffic volumes and speeds in Mariner's Mile in order to encour- age a "village" feel and promote pedestrian safety. 2.55 Support planted median dividers at non -boat sale areas to improve motorist safety, clarify business access and enhance the visual environment. 2.56 Explore the addition of 2-3 traffic signals to improve business access and promote safe pedestrian crossing of Coast Highway in conjunction with key development projects. 2.57 Explore rededication of Pacific Coast Highway right -of way from Caltrans jurisdiction to the City of Newport Beach. 2.58 Discourage the policy of widening Pacific Coast Highway through Mariner's Mile. ❑o not support PCH widening unless all regional alternatives are ex- hausted. If widening is adopted as City policy, private property condemned for right-of-way should be taken as whole parcels only, with remuneration to Property Owners at Fair Market Value. 2.59 Encourage temporary public and private landscaping improvements in the zone of potential widening for Pacific Coast Highway (inland side). 1414100 Pv-i. 35 PA2013-203 DE5ICN FRAMEWORK MARINER'S MILE • 2.60 STREET NAMES To reinforce the waterfront location and identity of Mariner's Mile, the names of the disconnected segments of Riverside Avenue and Tustin Avenue are proposed to be changed. 2.61 The segment of Riverside Avenue that is actually the extension of Cliff Drive is proposed to be renamed to a name such as "Mariner's Way." 2.62 The segment of Tustin Avenue from Pacific Coast Highway to the intersection of Avon Street is proposed to be renamed to a name such as "Blue Pacific Avenue," The result is that the lighted street names on the traffic signals spanning Pacific Coast Highway will display names that relate more to the coast and less to inland towns. • • PAOF 36 1014100 120 PA2013-203 • • • MARINERS MILE DESIGN FRAMEWORK 2.70 LAND USE CONSIDERATIONS Mariner's Mile is closely surrounded by and easily visible from several existing neighborhoods: ay Bayshores b} Newport Heights c) King's Road d} Cliff Drive e) Santa Ana Avenue/Avon Street f) Lido Isle ?-71 Sensitivity to Existing Neighborhoods Sensitivity to the adjacencies of the existing neighborhoods with proposed new uses and development projects is encouraged and should be reviewed on a case - by -case basis. Mitigation of potential impacts to existing residents should be considered and balanced against the business interests of Mariner's Mile. Mitigation of impacts may be accomplished through landscaping, equipment screening, limitations on signage, lighting and glare spill -off, building colors, or other appropriate measures. 2.72 Balance Neighborhood, Marine and Tourism Traditional marine uses, commercial businesses and restaurants lend character and are enjoyed by nearby residents and visitors alike, especially in the Village area, but these activities can sometimes impact residential uses. New uses along Mariner's Mile should seek to strike abalance between commer- cial businesses, traditional marine uses, restaurants, the pleasure of Newport Beach visitors and the privacy of Newport Beach residents, by encouraging Compatible Land Uses: a) Encourage neighborhood retail in Mariner's Village b) Encourage high -quality professional offices c) Allow a range of residential uses where feasible d) Allow limited auto -serving retail at Inland East and Inland West e) Encourage Visitor -serving facilities along the waterfront f) Encourage marine sales and service businesses g} Seek relocation of LISPS distribution facility out of Mariner's Village 1 0/4/00 PAGE 37 -12-T PA2013-203 DESIGN FRAMEWORK MARINERS MILE • 2.73 Encourage Diverse Economic Development Mariner's Mile already contributes significantly to the business climate and economic health of Newport Beach. By capitalizing on its unique assets, location and character, and by promoting a strong and diverse economic development activities. Mariner's Mile has the potential to make an even greater contribution to Newport Beach's business venue and fiscal viability. Objective: City policies which provide revenue benefits to the City or promote richer diversity of businesses and uses along Mariner's Mile should be encouraged, including: a) Emphasize tourism as an element of new uses along Mariner's Mile. 1-17 Promote the enhancement of Mariner's Mile as a potential tourism site. r ] Create more user-friendly vehicular access and entrances to businesses. Policies which hamper broadening the range of business development activities or are "non -business -friendly" should be reviewed for potential discontinuation including: d) Discontinue Specific Plan stipulation of 40% Marine Use far multi -tenant properties. is PAGF 38 10/4/00 122 • l 0 PA2013-203 MARINER'S MILL~ DESIGN FRAMEWORK 3.00 LANDSCAPE This section of the Design Framework concerns itself with landscape issues and opportunities on Mariner's Mile, both general and in specific. Of all the aspects of environmental design on the Mile, improvements to its landscapes, whether public or private, large or small, have the greatest potential to promote positive change and visual coherence and quality. Fragments of the proposed framework already exist in the form of palm tree rows and clusters, bits of hedge, isolated masses of bougainvillea and disparate pieces of unrelated streetscape. Many of the following opportunities and recommendations derive directly from a desire to build upon this existing framework. 3.10 LANDSCAPE OBJECTIVES The landscape is an crucial contributor to the perception of quality of Mariner's Mile. eSl 7 D Tumnrj Basin (04 � Mat��+►tEi� ��t. �a lido We 0 FIG. 3.1 LANDSCAPE FRAMEWORK LA10 cu�l Sca rs Cen 1014100 PAGE 39 12S PA2013-203 DESIGN FRAMEWORK MARINER'$ MILE The central idea of the Landscape Framework is to create continuity through common landscaping improvements throughout Mariner's Mile. These individual improvements contribute to improving the larger whole, and over time have great potential to transform the visual character of the district. Therefore, trees and shrubs at all sites in Mariner's Mile need to be coordinated to promote visual coherence and consistency and to hide the bumpers and tires of parked vehicles. Existing unused paved areas should be converted to planting areas. The creation of strong, coherent streetscapes, scaled appropriately to vehicular and pedestrian activities, land uses and planting conditions should be promoted over time to improve property values and boost the overall sense of place within Mariner's Mile. The following recommendations provide a blueprint for achieving the landscape design objectives outlined in Fig. 3.1. • .7 PALL 4() 1014100 1-24 PA2013-203 MARINER'S MILE 3.20 PACIFIC COAST HTGFIWAY EDGE LANDSCAPE DESIGN FRAMEWORK A minimum 4-foot wide planting area (from back of sidewalk to parking lot or building) with a palm and hedge is required at each site fronting Pacific Coast Highway in Mariner's We for palm and hedge plantings. However, a 6-foot wide planting area is recommended. This Continuous planter area shall be required across the entire frontage of the property and shall contain a continuous hedge and palms except where existing buildings or driveways occur and are to remain at back of walk. PALM: WASH NGTONIA ROBUSTA HEDGE: LIGUSTRllM HEDGE 1 1 RIGHT-i7F-WAY 4' CLEAR MIN. 6 CLEAR RECOMMENDED VARIES PRIVATE PROPERTY I PUBLIC RIGHT-OF-WAY FIG. 3.2 PACIFIC COAST HIGuwAY EDGE LANDSCAPE In addition, a parkway planter located between the walk and curb is proposed for locations where possible. In conditions when a palm row is planted at back of walk, the parkway planter on the highway side of the walk can be a minimum of 2' to 3' clear {excluding curb) with hedge only. When no palm row exists at back of walk, the parkway landscape between walk and curb is to include a palm and hedge in a planter that is a minimum of 4' clear (excluding curb) but G' clear is recommended. 10/4100 PAGE 41 125 PA2013-203 DESIGN FRAMEWORK MARINER'S MILE 3.21 Tree: Washingtonia robusta (Mexican Fan Palm) with 8' trunk height and a subdrainage system at a minimum of 18 feet on center. The minimum number of palm trees shall be calculated by dividing the total linear feet of street frontage including driveways by 18. The number of palms resulting from this calculation is the minimum standard. Palm spacing can be modified slightly or palms can be clustered in groups of three (3) minimum as Iong as the number of palms installed is equal to the minimum standard. Retain existing Eucalyptus trees when possible. If Eucalyptus trees are added or replaced Eucalyptus citriodora are recommended. 3.22 Hedge: Ligustrum j. `Texanum' (Texas Privet) at 30 inches on center located at back of walk and/or between walk and curb, trim to 30" high. 3.23 Groundplane: Festaca e. `Marathon I1' (Tall Fescue) sod. PAGE 42 1 f 1/- /00 120 PA2013-203 MARINER'S MILE 3.30 RIVERStDFITUsTIN AVENUE LANDSCAPE DESIGN FRAMEWORK 3.31 Tree: Washingtonia robusta (Mexican Fan Palm) with an 8' trunk and a subdrainage system at 18 feet on center. Alternate: An evergreen tree such as Cuparriopsis anacardioides (Carrot wood) to shade sidewalks and to reduce glare in the "Mariner's Village" area. 3.32 Hedge: Ligustruin j. 'Texanum' (Texas Privet) at 30 inches on center located at back ofwalk and/or between walk and curb, trim to 30" high. 3.33 Groundplane: Festuca e. 'Marathon II' (Tall Fescue) sod. 3.40 TRAl!FIC ISLANtI LANDSCAPE The existing and any new traffic islands or medians along Pacific Coast Highway should be land- scaped to reinforce the concepts at the bridges. 3.41 GroundcoverlShrub: Carissa m. 'Green Carpet' at 24 inches on center for islands medians up to 6 feet wide: or Bougainvillea 'Crimson Jewel', `La Jolla' or 'Temple Fire' at 42 inches on center for islands/medians that are 6' wide or wider. 3.50 PROPERTY WALL LANDSCAPE 3.51 Vine: Bougainvillea 'Barbara Karst' and Bougainvillea 'San Diego Red' at 5 feet on center in front of the wall if space available, or behind the wall. In tighter conditions use Ficus ptumila (Creeping Fig) at 5 feet on center. The following are the Bougainvillea varieties recommended for Mariner's Mile: Botanical Name Bougainvillea 'Barbara Karst' Baugaint,illea `San Diego Red' 3.60 PARKING LDT LANDSCAPES Common Name Height Spacing Bougainvillea 8' to 12' 6' on center Bougainvillea 8' to 12' 6' on center 3.61 Tree: a) Inland of PCH: An evergreen tree such as Cupaniopsis anacardioides (Carrotwood) to shade the parking lot and to reduce glare in the parking lot from homes on the bluff. One tree to be planted for every 4 cars. b) Waterfront side of PCH: Palm trees such as Waslungtania robusta (Mexican Fan Palm} with an 8' trunk and a subdrainage system to break up expanse of parking lots. One tree to be planted for every 4 cars. 10/4/00 PAGE 43 127 PA2013-203 ❑ESIGN FRAMEWORK MARINER'S MILE 3.62 Perimeter Shrub: Ligustrum j. `Texanum' (Texas Privet) at 30 inches on center located at back of walk to create hedge to hide the bumpers and tires of parked vehicles. 3.63 Shrub internal to parking lot such as Raphiolepis i. `CIara' (India Hawthorn) at 30 inches on center. 3.70 Bluff Landscape I., Strengthen the boundaries of Mariner's Mile and improve the consistency and appearance of the bluff above Pacific Coast Highway by: 3.71 Planting Red Bougainvillea at the top and toe of the bluff 3.72 Recommending a common hydroseed mix design for slopes to residents 3.73 Removing existing iceplant from the slope to avoid failure of the bluff surface due to the heavy weight of this plant material 3.74 Removing existing invasive plant material such as Pampus Grass from the bluff 3.75 Retaining existing Phoenix canariernsis (Canary Island Date Palm) on the bluff 3.76 Planting 15 Gallon Phoenix canariensis on the bluff if additional palms are desired. Other palm species should be reserved for the street tree planting. PAGF 44 1014100 122 PA2013-203 • MARINERys MILE DESIGN FRAMEWORK 3,77 Retaining existing healthy trees and pruning them to shape, such as "lacing out" the existing Ficus trees, rather than "topping" trees which can accelerate new growth resulting in more frequent tree trimming and possible loss of the tree from excessive weight on upper branches. 3.78 Specific recommendations for the bluff landscape zones are as follows: a) Tap of Bluff: Plant a minimum of two rows of Bougainvillea 'San Diego Red' at 5 feet on center with triangular spacing approximately 10 feet below the crest of the bluff. b) Bottom of Bluff: Plant a minimum of two rows of Bougainvillea `San Diego Red' at 5 feet on center with triangular spacing approximately 10 feet above the toe of the bluff or a retaining wail. c) Central Bluff Zone: Plant the central bluff zone with shrubs, groundcover, and scattered, informally -placed trees. Trees are to be placed with sensitivity to views from bluff -top residences. The following is a recommended plant list for the central zone of the bluff: Botanical Name Common Name Height Spacing On Center i. Trees & Palms: Eucalyptus lehmannii Spotted Gum 15 Gallon Sparse Ficus m. nitida Indian Laurel Fig 15 Gallon Sparse Phoeni r ceanariensis Canary Island Palm 15 Gallon Accent/ Sparse ii. Medium to Tall Shrubs: Arbutus uendo 'Compacta' Dwarf Strawberry Tree 5' ht. 30" A yoporwn carsonii Carson's Myoporum 6'-8' ht. 4' Myoporum lateurnr Myoporum 20'-30' ht. 10'-12' Rhaninus califomica Coffeeberry 6'-12' 8' Rhativins californica 'Eve Case' Eve Case Coffeeberry 4'-6' ht. 30" iii. Ground lane: Baccharis p, `Twin Peaks' Dwarf Chaparral Broom 1'-3' ht. 8' to 10' Ceanothus g. h. `Yankee Point' Yankee Point Ceanothus 2'-3' ht. 8' to 10' Coprosma kirkii NCN I'-3' ht. 42" Myoporum m. 'Pacificum' Myoporum 2' ht. 4' Lonicera j. `Halliana' Hall's Honeysuckle 2' ht. ?' iv. _Nurse Crop during Establishment: Achillea Common Yarrow Hydroseed inillefolium 10/4/00 PAGE 45 PA2013-203 DESIGN FRAMEWORK MARINERS MILE • 3.80 Dover Drive/Back Bay Bridge Intersection Treatment The Back Bay Bridge is the southern boundary of Mariner's Mile. The fallowing landscape modifi- cations are recommended to strengthen the boundaries of Mariner's Mile by relating this entry to the northern entry at the Arches Bridge: 3.81 Add clusters of (6) min. Washingronia robusta (Mexican Fan Palm). 3.82 Add masses of `San Diego Red' & `Barbara Karst' Bougainvillea. 3.83 Add a newly -designed lighted monument signage for Mariner's Mile. 3.84 Add nautical flags and decorative pedestrian light fixtures on bridge rails. • • PAor 46 1014100 ISO PA2013-203 • • • MARINERS MILE ❑ESIGN FRAMEWORK 4.00 SIGNAGE 4.10 Signage Objectives Commercial properties on Mariner's Mile display a veritable profusion of signs many of which violate the existing signage ordinance or are of questionable taste. Signs are an important element contributing to the perception of quality of Mariner's Mile. Exterior signs at all sites in Mariner's Mile need to be coordinated to promote visual coherence and consis- tency. Ohjective: Adopt new sign regulations to encourage legibility, visual coherence and coordination. The first step in improving signs on Mariner's Mile is to enforce the standards of the existing signage ordinance of the City of Newport Beach. Existing nonconforming signs should be removed. Beyond enforcement, the next step is to develop acceptable signage criteria which fits the needs of businesses within the district. To that end, the following specific signage recommendations and criteria were developed in cooperation with the Mariner's Mile Business Owner's Association. 1014100 PAGE 47 PA2013-203 DESIGN FRAMEWORK MARINER'S MILE 4.24 GENERAL SIGN CRITERIA All signs in Mariner's Mile should conform to the following general criteria: 4.21 To the greatest extent possible, signs for each site should be limited to those identifying businesses, giving directions for on -site circulation and providing leasing information. 4.22 Advertising is discouraged on any sign (i.e.: product/service information, prices and sale information, phone numbers, website addresses). 4.23 Sign copy should be located no closer than one-half letter height to any sign edge or other line of copy to provide sufficient blank space around the letters for the sign to be legible. 4.24 Temporary Banners are allowed, subject to City permit requirements. 4.25 Lighted signs are allowed, subject to City ordinance requirements. 4.26 "Heritage Sign" designation may be granted, subject to City ordinance require- ments, for signs which have historical or local identity significance to the City of Newport Beach. 4.30 SIGNS NOT PERMITTED The following types of signs should not be permitted. Existing signs of this type should be removed: 4,31 4.32 4.33 4.34 435 4,36 4.40 POLE SIGNS Roof -mounted Signs (higher than the building moil i ne ). Permanent Banner Signs. Painted Signs, including Window Signs or "Soap" signs. Multi -Tenant Pole Signs. Changeable Copy Signs. Illegal Signs (signs not permitted by existing Signage Ordinance). New pole signs are permitted subject to conformance with the design standards outlined below. 4.41 Modifications. Existing pole signs do not require modification in conformance • • is PAGE'. 48 1 Q141a0 IS2 PA2013-203 • MARINERS MILE DESIGN FRAMEWORK with these standards unless leasable area of the property is increased by 25% or 2,500 square feet, whichever is less, or if a pole sign is remoldeled or relocated. 4.42 Pole signs shall consist of distinct base, column and sign panel elements (see example sketch Fig. 4.4). Design and proportional relationships between sign elements are important, although variations are possible. Articulation and detail of the pole is encouraged as suggested by Fig. 4.4. 4.50 MULTI -TENANT SIGNS Multi -Tenant Signs shall be mounted on monument signs or flush -mounted on building walls (see example sketch Fig. 4.5). Pole -mounted multi -tenant signs or "ladder" signs are not permitted. 4.64 SINGLE -TENANT MONUMENT SIGNS Ground -Mounted Single -Tenant Monument Signs for the purpose of business identification shall be allowed (see examples Fig. 4.6 and sketch 4,61), 4.70 LEASING AND MARKETING SIGNS Leasing signs are non -illuminated, ground level signs or wall signs that identify or provide basic information about for sale /for lease opportunities and construction activities. They may not be used for any other purpose (see example Fig. 4.7). Maximum Number: One ( I ) leasing sign is permitted per site. Maximum Size: Twenty (20) square feet. Recommended Resign: Aground -level sign with the sign copy on a panel mounted to a dark -colored background as shown in Fig. 4.7. I0/4/00 PAGE 49 PA2013-203 DESIGN FRAMEWORK H = 4611 1- 0- -- -- -- - - - - FIG. 4.4 POLE SIGN DESIGN PROTOTYPE Nu. 50 I4IRT+�4+�►I►*r!R� MARINER'S MILE k- vi o ate. -�660h1 VXOr • 1InOf A&C I �1:709P ro obrivN A-L-+ HE-K, Si M ilme.&s .a�•r«-u►-.area E� > n 1014100 -S4 • • • PA2013-203 • • MARINERS MILE DESIGN FRAMEWORK 1 t5 o. H o r ti ►fir' ' H � gel6eo-T— V_ - - - - - - - FIG. 4.5 MULTI -TENANT SIGN RESIGN PROTOTYPE 1014100 PAGE 51 IS15 PA2013-203 DESIGN FRAMEWORK MARINERS MILE • • FIG. 4.6 SINGLE -TENANT MONUMENT SIGN DESIGN PROTOTYPE • PAGE 52 j Q1410Q ISO PA2013-203 • • • MARINER'S M f I. E DFSIGN FRAMEWORK 5ALrc Lrw�� �-- b� f � +►��yy �PNart 1 N 1`v � riNr� o H r ' �� Fivp.'�n µhl•� br Go FH,. 4.61 SINGLE -TENANT MONUAIENT SIGN DESIGN PROTOTYPE 1014100 PAGE 53 -S7 PA2013-203 DESIGN FRAMEWORK MARINERS MILE • • FIG. 4.7 LEASING SIGN RESIGN PROTOTYPE • PAGE 54 1014/00 -S R PA2013-203 MARINER'S MILE DESIGN FRAMEWORK • 0 • 4.80 THEME SIGNS The following types of thematic signs are permitted on Mariner's Mile: a) Mariner's Mite Entry Monuments (Arches Bridge; Back Bay/Dover Drive) b) Newport Harbor Visitor's Bureau Sign c) Directional Signs Recommended Design: A coordinated systems of nautical -inspired signs as seen at Marina del Rey and Santa Monica. 10/4/ 0 PACE 55 PA2013-203 DESIGN FRAMEWORK MARINERS MILE • 5.00 ARCHITECTURE Buildings are significant functional, visual and symbolic elements of the built environment, They serve to house human activities and present themselves as expressions of the ambitions, aspirations and public identity of their owners and users. Mariner's Mile, due in part to its history of uses and generally overriding commercial nature, encompasses a vast range of building types, whose functional requirements, sizes, scale and symbolic needs vary greatly. These building types range from large automobile dealerships and marine supply outlets to high-rise residences, nixed -use and strip retail centers. small shops, restaurants, drive- throughs and individual offices. Architecturally, this variety makes for a highly eclectic mix of buildings on Mariner's Mile. In turn, this variety and mix, overlaid by the predominant auto -reliant bias of the district, favors buildings of individual expression and strongly resists efforts towards any unified architectural theme. Thus the imposition of a rigid architectural theme is considered inappropriate for the study area. The nature and character of Mariner's Mile call rather for establishing key design principles and promoting thoughtful and tasteful design while allowing creative flexibility. 5.10 ARCHITECTURE ❑BJECTWES The key objectives of an architectural approach to Mariner's Mile are as follows. 5.11 Responsible and Sensitive Design a) Design should respect and "fit in" to its surroundings. b) Roofs and roof elements should respond to views from above. c) Design freestanding buildings as "five -sided" (walls+ roof). 5.12 Site Planning Considerations a) Site planning should accommodate the larger design concepts of the Mariner's Mile Design Framework (Urban Design, Landscape). b) Buildings should orient to the street in the Village areas and when surrounded by parking. c) Promote pedestrian connections and pedestrian amenities_ S.13 Landscape Considerations a) Use landscaping to complement and highlight buildings and site. b) DeveIop a landscape concept as a fundamental component of the site design. 0 Coordinate utility locations to support the landscape framework and to screen utilities from Pacific Coast Highway or entries. PACE 55 1014100 -14 D PA2013-203 • MARINER'S MILE 5.I4 Palette of Colors, Materials and Details ❑ESIGN FRAMEWORK a) Consider "neutral" building color schemes with nautical trim. b) Paint fences, metal bollards, and light poles a dark background color. c) Use common fence/wall designs developed for Mariner's Mile. 5.15 Purposeful and Respectful Lighting a) Contain all site lighting on site (zero glare spill -off) b) Develop lighting: plan with photometric study c) Use downlighting wherever possible d) .Accent lighting at key are hitecturaVlandscape elements e) Avoid harsh, intense lighting and hard shadows 0 Coordinate colors of light sources 5.16 Organize and Coordinate Signage a) Develop a comprehensive sign program b) Design buildings to strategically accommodate signs c) Coordinate building and signage design (forms, colors, motifs) 0 5.20 COLOR AND MATERIALS PALETTE • Harmonious building and sign colors can contribute greatly to the overall visual continuity and coherence of Mariners Mlle. 5.21 Basic Color System The marine context of Mariner's Mile is one of predominantly white sails and hulls complemented by striking, deep -hued accent colors. A range of "Neutral" shades and hues are therefore proposed to predominate the color palette for Mariner's Mile. 1 t114/00 PAGE 57 -4- PA2013-203 DESIGN FRAMEWORK MARINER's MILE • is For multiple -color schemes, a balanced and proportional color system is recommended: a) Base Building: Predominately Neutral hues and shades (90% of building, minimum). b) Contrasting Trim Elements: Dark or Light shades (up to 10% of building, maximum). c) Accent Elements: Bright Colors (up to 5%n of building). 5.22 Trim Elements Elements which might receive trim or accent colors include: a) Doors, window sashes or mullions b) Awnings or Sunshades c) Exterior Stairs and Railing Systems d) Roof Screens e) Architectural Features • PAGE 58 1014100 1- 4- 2 PA2013-203 • • is MARINER'S MILE DESIGN FRAMEWORK 5.23 Nautical Materials and Elements While avoiding an overt theme, the appropriate use of nautical building materials, elements and details is consistent with the history and character of Mariner's Mile could enhance the overall character of Mariner's Mile. 1 ()/4/()() F'vi3 �1) 14S PA2013-203 ❑E5IGN FRAMEWORK MARINERS MILE • a) Nautical Materials Representative nautical materials to be considered during the architectural design process include: i) Shiplaplclapboardlshingled siding for building walls ii) Varnished teak for balustrades and handrails iii) Navy blue or other dark canvas for awnings and sunshades iv) White nylon or Dacron for shade spaces v) Brass or bronze for hardware and ornament vi) Stainless steel/polished chrome for rails, cable and fittings, hardware and ornament vii) Wood or aluminum poles wlstayslspreaders (masts/spars) for signage or theme elements. h) Other Nautical Elements and Details Similarly, the appropriate decorative use ofother nautical elements, forms,and references is consistent with its waterfront context and could potentially contribute to the visual character and feeling of Mariner's Mile. Decorative elements to be considered during the design process might include: i) Windvanes ii) Ship's flags or international signal flags iii) Charts, sextant, dividers and other navigational tools iv) Portholes, ships wheels, compass rose or cards v) Ships and sailor icons vi) Cleats, bollards, and other dock motifs • Nab 50 t o/4ioa 144 PA2013-203 • • MARINER°S MILE 5.30 LIGHTING DESIGN FRAMEWORK As with signs, landscape, and architecture, improving the quality of exterior lighting can contribute to the perception of quality of Mariner's Mile. All exterior on -site lighting to be shielded and con- fined within site boundaries. No direct rays or glare should be permitted to shine onto public streets or adjacent sites. Specific lighting standards and recommendations for Mariner's Mile are Outlined below: 5.31 Parking Light Fixtures. All parking lot lighting should have zero cut-off fixtures. Light standards shall not exceed 20 feet high, measured from natural grade. 5.32 Tilted light fixtures. Tilted fixture heads and lights mounted to the roof parapet are discouraged due to their negative impact on residents and drivers caused by the glare. Wall - mounted light fixtures used to illuminate parking lots should not permitted. 5.33 Wall -mounted utility lights. "Walpak" type fixtures that cause off -site glare should not be permitted. Zero - cutoff "Shoebox" lights are preferred. 1414/00 PAGE 61 PA2013-203 DESIGN FRAMEWORK MARINER'S MILE • 0 5.40 EQuirmENT Exposed mechanical equipment and utilities contribute to the visual clutter of Mariner's Mile and should be sensitively located and screened from view to promote a high -quality image for the district. 5.41 Exterior equipment. All exterior equipment including, but not limited to: mechanical equipment, electrical equipment, communications equipment, storage tanks, risers, electrical conduit, gas lines, cellular microceIl facilities, and satellite dishes --should be located in underground vaults or otherwise screened from both on -site and off - site view. 5.42 Roof -mounted equipment. All roof -mounted equipment including, but not limited to, skylights, vents, air handlers, exhaust fans, smoke hatches, and ducts --should be below the top of the parapet or behind an equipment screen so as to be hidden from off -site view. Rooftop equipment screens must be fully integrated into the architectural design. 5.43 Ground -mounted equipment The top of all ground -mounted equipment including, but not limited to, backflow preventers, vents, air handlers, generators, boilers, trash bins, transformers -- should be behind and fully below the top of a screen wall or a solid hedge. Screen walls of same or similar material as adjacent building walls. Chain link fencing is not allowed. PAGE 62 1 D141fl4 140 PA2013-203 • • MARINER'S MILE 5.50 WALLS AND FENCES ❑E5IGN FRAMEWORK Upgrading the quality and developing a family of wails and fences is recommended for Mariner's Mile to provide a consistent and high -quality image. 5.51 Fences a) Fences Not Permitted: 0 Chain -link fencing is not permitted along the Pacific Coast Highway frontage of any property on Mariner's Mile. ii) Razor -Wire fencing. h) Fences Allowed But Discouraged: i) Residential -types of wooden fencing. c) Fences Allowed: 0 Property frontage. • Wrought iron or PVC fencing. • Recommended colors: Dark Navy Blue, Black, Dark Green. ii) Side and rear yards and lot -line conditions: • Wrought Iron or PVC (as above) • Vinyl -coated chain link (with or without attached fabric screening) • Recommended colors: Dark Navy Blue, Black, Dark Green. d) Recommended Design: 1014100 PAGE 63 PA2013-203 DESIGN FRAMEWORK 5.52 Walls a) Walls Not Permitted- MARINER'S MILE 0 Solid walls over 36" in height are not permitted along the Pacific Coast Highway frontage of any property on Mariner's Mile. ii) Walls topped with Razor -Wire fencing sheet metal or broken glass. iii) Sheet metal enclosures (except at trash areas at rear of properties). b) Walls Allowed: i) Pacific Coast Highway frontage: Low walls (36" maximum height), May be topped with wrought iron or PVC fencing to a maximum height of 72" (6' ). 1i) Side and rear yards and lot -line conditions: Low walls (36" maximum height). Maybe topped with wrought iron or PVC fencing. (as above) • Low walls (36" maximum height) topped with vinyl -coated chain link (with or without fabric screen) • Full height walls (maximum height 96" W) may begin 15' bark from front property line at Pacific Coast Highway. iii) Retaining wails. • Split -face block. • Poured -in -place concrete with sandblasted, bush -hammered or textured form -liner finish. • Crib -wall systems with integral landscaping. c) Recommended Wall Designs: i) Intergral color split -faced concrete block with precast cap or stucco on block with precast cap. • • • PAGE 64 1 ❑1410Q -14 2 PA2013-203 MARINER'S MILE DESIGN FRAMEWORK 6.00 PARKING PROGRAM 6.10 SHARED VALET PARKING Encourage the creation of a shared valet parking system through all or a combination of the follow- ing: a) Utilize "pool" of City parking Spaces in Mariner's Village. b) Drop/pickup points: 2-3 on water side; 1-2 on inland side from Riverside to Tustin. c) Patrons issued claim check with pager number to "call -in" cars at pickup points. d) Provide valets on -call to bring cars from parking "pools" to pickup points. e) Provide safe bus unloading/ loading areas to serve charter yacht uses with parking service within Mariner's Mile. f) Utilize City -owned parking lot to more greatly benefit the area: potential site for postal distribution facility or valet parking lot. g) Valet Stations with car drop-off and waiting areas to pick up cars with possible van shuttle stations, similar to the structure in the photograph below, but without glass. PA2013-203 DESIGN FRAMEWORK 6.20 PARKING DISTRICT MARINER'S MILE Explore the creation of a Mariner's Mile Parking District to address distribution of parking within the district. Could be considered as part of the potential Business Improvement District for Mariner's Village. 7.00 APPENDIX 7.10 REFERENCES AND Sut'PURTtNG DOCUMENTS The formulation of the Mariner's Mile Design Framework was based on a comprehensive analysis of collected base information and a review of the City's existing program, the site and the Mariner's Mile Business and Citizen's Advisory Committee Study Recommendations. This effort was con- ducted in order to uncover the key Design Issues and Opportunities affecting the current conditions along Mariner's Mile. A list of references and supporting documents follows. Copies of these documents are available for review at Newport Beach City Hall. 7.11 Mariner's Mile Specific Plan (Ord. 20.42, Dist. #5) 7.121 Mariner's Mile Advisory Committee Recommendations (1997) 7.13 T.O.T. Revenue Enhancement Study (PKF, 1997 ) PAGE bb 1 U14/00 150 PA2013-203 Attachment No. PC 9 Parking Management Program 151 PA2013-203 NTENTIONALLY BLANK PAGE 1-152. PA2013-203 Nesai Parking Management Plan UP2013-021 (PA2013-203) May 8, 2014 Parking Management Plan 215 Riverside Avenue Nesai May 8, 2014 The following Parking Management Plan for the food service, eating and drinking establishment, located at 215 Riverside Avenue, is provided per Section 20.40.100 (Off -Site Parking) and Section 20.40.110 (Adjustments to Off -Street Parking Requirements) of the Zoning Code. The Parking Management Plan will employ the following management mechanisms to mitigate impacts associated with a modification of the off-street parking spaces: Hours of Operation • 215 Riverside Avenue o Nesai ■ 5:00 p.m. to 12:00 midnight, Monday through Thursday ■ 5:00 p.m. to 1:00 a.m., Friday ■ 10:00 a.m. to 1:00 a.m., Saturday ■ 10:00 a.m. to 12:00 midnight, Sunday ■ The outdoor dining patio shall be closed by 10:00p.m., daily. o Chef s Dining Room and Chef s Dining Patio: Additional Hours Authorized per UP1677 (Amended), 764 square feet of "Net Public Area" maximum. ■ 11:00 a.m. to 5:00 p.m., Monday through Friday ■ UP1677 (Amended) authorized a portion of the restaurant (764 square feet of "Net Public Area") for a daytime lunch operation and waived all of the required parking during these hours. o Under UP1677 (Amended), fifteen on -site parking spaces were waived during evening operating hours with the understanding that the 10 public parking spaces in front of the building on Avon Street would undoubtedly be available for restaurant patrons. As proposed, this 15 space waiver would be carried over. Off -Set Hours Uses that share the same parking areas have off -set hours of operation and different peak times from the restaurant: • 215 Riverside Avenue o Offices: 9:00 a.m. to 5:00 p.m., Monday through Friday • 2660 Avon Street o Moultrup Finish Hardware ■ 8:00 a.m. to 5:00 p.m., daily 15S PA2013-203 Nesai Parking Management Plan UP2013-021 (PA2013-203) May 8, 2014 o Cannery Exchange Design Studio (Consignment Store): ■ 10:00 a.m. to 5:00 p.m., Monday through Saturday o Stevens Cross Cosmetic Studio ■ By appointment ■ closed by 5:00 p.m., daily • 2630 Avon Street (Surplus Parking Only) o Mariner's Mile Pet Clinic ■ 7:30 a.m. to 6:00 p.m., Monday through Friday, ■ 8:00 a.m. to 1:00 p.m. Saturday and Sunday On -Site Parking • A minimum of sixteen (16) parking spaces shall be provided on -site at 215 Riverside Avenue. Off -Site Parking • A minimum of six (6) off -site parking spaces shall be provided at 2660 Avon Street. An off -site parking agreement, proved as to form by the City Attorney's Office, shall be recorded prior to the issuance of building permits. The agreement shall guarantee that a minimum of six (6) parking spaces shall be provided at 2660 Avon Street (A portion of Lot 42 and all of Lot 43 of Tract 1133) for the duration of the restaurant use at 215 Riverside Avenue. In the event that the use of the off-street automobile parking spaces provided for in the agreement are lost, for any reason, the applicant shall notify the Community Development Director 30 days prior to the loss of the parking spaces. Upon notification that the agreements for the required off -site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur: (a) Substitute parking is provided that is acceptable to the Director; (b) The size or capacity of the use is reduced in proportion to the parking spaces lost; (c) The applicant submits to the Director a new or amended Off -Site Parking Agreement, giving the applicant the use of at least the same number of parking spaces. • The property owner of 2660 Avon Street may terminate this arrangement at any time. The establishment's use of these spaces shall no longer be valid if the tenant at 2660 Avon Street expands their operation hours later than 5:00 p.m. • The applicant shall provide signage at 2630 and 2660 Avon Street indicating that overnight parking is not permitted at the off -site parking lot and vehicles will be subject to tow if left overnight. • Fifteen (15) off -site parking spaces are available at 2630 Avon Street. These off -site spaces will be maintained on an informal basis and also do not officially contribute to the off -site parking requirement. 154 PA2013-203 Nesai Parking Management Plan UP2013-021 (PA2013-203) May 8, 2014 Municipal Parking Spaces • The applicant or operator of the facility shall purchase parking permits for ten employees on an annual basis for the Mariner's Mile Lot, and shall direct employees to park in said parking lot. Ten employee parking spaces are waived by Conditional Use Permit No. UP2013-021 (PA2013-203) and provided off -site at the Avon municipal parking lot at 200 Tustin Avenue. Valet Service • Valet service is optional to provide surplus parking at the off -site parking lots during operating hours, if necessary. Off -site parking for valet service would reduce congestion created by restaurant patrons looking for overflow parking in Mariner's Mile and ensure greater usage of the off -site parking spaces available. • The valet service shall adhere to the valet parking plan approved by the City Traffic Engineer. The current valet plan provides for 12 vehicles at 2660 Avon Street and 15 vehicles at 2630 Avon Street. • Valet service shall not impact the public right-of-way. Vehicle staging, drop-off, and pick-up shall occur on -site only. • The applicant shall discourage patrons from crossing Riverside Avenue at mid -block locations and shall direct patrons to utilize nearby crosswalks. • The applicant shall provide signage on -site indicating the location of additional parking available at the off -site parking lot. Street Parking • Ten metered parking spaces are available in front of the restaurant along Avon Street. While the metered spaces do not officially contribute to the off-street parking requirement for the restaurant, their close proximity means they will likely be utilized for the restaurant although they will not have exclusive access to these spaces. Pedestrian and Bicycle Access • Mariner's Mile is an area where a higher level of pedestrian and bicycle traffic is promoted and the introduction of a more human -scale streetscape is considered one of the primary goals for Mariner's Village. • The location of land uses within walking distance of one another generates the opportunity for shared trips and there is a component of walk-in patronage from nearby residential areas. 155 PA2013-203 Nesai Parking Management Plan UP2013-021 (PA2013-203) May 8, 2014 Parking Summary Strategy Self -Parking Valet Parking On -Site Parking 16 16 Off-Site-2660 Avon Street 6 12 Employee Annual Parking Passes 10 10 TOTAL SPACES AVAILABLE 32 38 Waived-UP1677 (Amended 1989) 15 15 Code Required Parking 47 47 Surplus Parking Available 0 6 1150 PA2013-203 Attachment No. PC 10 Off -Site Parking Letters 157 PA2013-203 NTENTIONALLY BLANK PAGE -5g PA2013-203 MOULTRUP FINISH H A R D W A R E 2669 Avon Street Newport Beach, CA 92663 To Whom It May Concern: This letter will serve as authorization for 217 Riverside Merchants, Inc., the owners the current Nesai property at 217 Riverside Dr., Newport Beach, CA 92663, to utilize the Moultrup Finish Hardware's parking spaces during the hours that the office is not open. The restaurant will be able to utilize this lot as overflow for valet, as well as have their customers directed to park in our lot as overflow after 5PM Monday through Friday and all day on Saturday and Sunday. Any cars still parked outside of the times allotted would be subject to tow. Please fell free to contact me if you have any questions regarding the parking lot agreement between Moultrup Finish Hardware and 217 Riverside Merchants, Inc. 1-7- It Tim Moultrup -5J PA2013-203 Mariner's Mile Pet Clinic 2630 Avon Street, Suite A Newport Beach, CA 92663 fax: 949-515-0126 Tel. 949-515-0991 March 17, 2014 Mariners Mile Pet Clinic 2630 Avon Street Suite A Newport Beach, CA 92663 To Whom It May Concern: This letter will serve as permission for Erik Beneker, owner of Nesai Restaurant, to allow customers to use my parking spaces at Mariner's Mile Pet Clinic 2630 Avon Street during hours the clinic is not open. The clinic closes daily at 6 pm and opens at 7 am. There are eight parking spaces and vehicles left overnight will be subject to towing. Sincerely. eak-k Karla Nichols, DVM Mariner's Mile Pet Clinic 100 PA2013-203 Attachment No. PC 11 Valet Plan 101 PA2013-203 NTENTIONALLY BLANK PAGE 1- 0 PA2013-203 �STRCdML/NC V�LCT /NC. Streamline Valet Inc. 16033 Bolsa Chica St. #104-228 Huntington Beach, CA 92649 April 28, 2014 Nesai Restaurant 215-217 Riverside Street Newport Beach, CA 92663 RE: Valet parking To whom it may concern, This letter is to address parking configurations regarding the Nesai Restaurant located at 215-217 Riverside Street, Newport Beach, CA 92633. Through the use of onsite parking and additional lots located at 263o Avon Street, Newport Beach, CA 92663, and 266o Avon Street, Newport Beach, CA 92663, we anticipate being able to accommodate a minimum of 45 vehicles. Valet parking is a dynamic process in which the Valet Attendant effectively uses professional parking techniques in order to minimize wasted space. By minimizing wasted space, the Valet Attendant is able to accommodate more vehicles then a parking lot was designed for. Valet Attendants accomplish this by disregarding painted stall lines, parking vehicles extremely close together, and double parking or stacking vehicles. Based on our analysis we anticipate the following gains: Onsite Lot 215-217 Riverside St Newport Beach, CA 92633 Designated parking stalls: 18 Number of valet vehicles this lot can accommodate: 24 Offsite Lot A 263o Avon St Newport Beach, CA 92633 Designated parking stalls: 13 Number of valet vehicles this lot can accommodate: 15 Offsite Lot B 266o Avon St Newport Beach, CA 92633 Designated parking stalls: 6 Number of valet vehicles this lot can accommodate: 12 Please see the attached figures for parking details. Enc. Best Regards, Andrew Baggett Director of Operations Cell: 714.906.9369 los PA2013-203 Figure 1: Ingress/Egress of onsite lot 104 PA2013-203 Figure 2: Ingress/Egress of offsite lot A 2630 Avon Street Newport Beach, CA 92633 ' data C20'f 105 �. Egress Ingress Mariners General Insurance Grcup Egress teroup • 4 Jacqueline's European Esthtgs 0 ►.. .40 do ri i PA2013-203 Figure 5: Offsite valet layout — 263o Avon Street :a 107 PA2013-203 Figure 6: Off site valet layout — 266o Avon St. • *P } Ip 4p 4-�. 1-0 PA2013-203 Attachment No. PC 12 Annual Parking Pass Information 1 Oj PA2013-203 NTENTIONALLY BLANK PAGE 1-7o CityPo 01Nowport Beach: About Annual Parking Permits Page 1 of 2 ABOUT ANNUAL PARKING PERMITS An Annual Parking Permit entitles a motor vehicle to occupy a SINGLE parking space in designated areas of the City of Newport Beach, without depositing coins in a BLUE parking meter post. . Permits are valid at metered spaces with BLUE parking meter posts. The map on the reverse side of this flyer illustrates the applicable parking area locations. . A permit is not valid on a motor vehicle that is 84 inches or more in width and more than 84 inches in height or more than 20 feet in length or without a windshield. . Some municipal parking spaces have a maximum length of 18 feet which must be observed. . Issuance of a permit does not allow violation of parking regulations. . Permits do not establish any parking priority. Entry is prohibited when "LOT FULL" signs are posted at the Balboa Municipal Parking Lot and/or the Corona del Mar Beach Parking lot. . Permits are not valid for overnight parking (defined as 3:oo a.m, to b:oo a.m.), at the Balboa Municipal Parking Lot. Permits are valid from January i to December 31. The Annual Permit fees are as follows. If purchased during: January i through September go: $154,00 October i through December 31: $ 38.50 . Persons 65 years of age or older may purchase one permit at half price. The following information must be presented in order to purchase the half price permit: i) Valid California Driver's License; 2) Proof of vehicle registration; 3) Vehicle license plate number. . Persons who have served or are serving in the United States military may purchase one permit at a reduced rate which shall be 25% off the permit fee. The following information must be presented in order to purchase the reduced price permit: 1) Valid California Driver's License; 2) Proof of vehicle registration; 3) Vehicle license plate number; 4) Acceptable proof of military service. . Permits may be purchased online by clicking Online Services or in person at Newport Beach Civic Center] between the hours of 7:3o a.m. and 4:30 p.m., Monday through Friday. Call (949) 644-3141 for additional information. . Permits must be PERMANENTLY affixed to the lower right (passenger) corner of the inside of the front windshield, Vehicles may be subject to citation if the permit is not clearly visible or not permanently affixed. In order to affix the parking permit to the windshield: 1) FoId permit in the middle and peel off the backing; 2) Place the permit in the lower light (passenger) corner of the inside windshield; and 3) Press firmly to affix the permit to the windshield. . The City of Newport Beach does not assume responsibility for lost nor stolen parking permits. . Permits maybe re -issued if a vehicle is sold, transferred or if the windshield is replaced. A $io.00 permit replacement fee is required along with, proof of purchase of the original permit, proof of sale or transfer of the vehicle, or proof of windshield replacement. The original permit must also be returned. http://www.newportbeachca.gov/izidex.aspx?page=499 0442 14 City,o oNewport Beach: About Annual Parking Permits Page 2 of 2 ;g'�' Fashd'art.: � 7sknd' 6 1] A jko � 2] Halhoa-elvd Cen6er 1Aed�an '�.. NesvAartfsier �, FAedma �E) Balliaa P[eY Niam Lat - tt�a.lsland' 6 Coropa del A4ar lntr � 1 http://www.newportbeacl-ica, gov/'index. aspx?page=499 04:2!f�14 PA2013-203 Attachment No. PC 13 Police Department Memorandum 1jS PA2013-203 NTENTIONALLY BLANK PAGE -174 PA2013-203 City of Newport Beach Police Department Memorandum November 20, 2013 TO: Makana Nova, Assistant Planner FROM: Detective John Thulin SUBJECT: Nesai Restaurant, 215 Riverside Avenue, Use Permit No. UP2013-004 (PA2013-203). At your request, the Police Department has reviewed the project application for Nesai Restaurant, located at 215 Riverside Avenue, Newport Beach.. Per the project description, the applicant is requesting an operator license to allow the renovation of the Nesai Restaurant to operate a food service, eating and drinking establishment with an outdoor patio, late hours, and a Type 47 (On -Sale General) Alcoholic Beverage Control (ABC) license. The renovation will include changes to the existing patio, bar and dining area of the restaurant. These changes will not increase the current occupancy of the restaurant. The operator has an existing Type 47 ABC License. I have included a report by Crime Analyst Caroline Staub that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this location is within an area where the number of crimes is at least 69% higher than the average of all reporting districts in the City. This location is also within an RD that is over the Orange County per capita of ABC licenses. Applicant History Nesai Restaurant has operated in this location since 1992. Prior to Nesai, the location has served as a restaurant with various names since 1972. The applicant, Jeff Hall and his business partner Jeffrey Jensen own three other restaurants in Orange County and are highly experienced and successful in the creation and operation of restaurants in Orange County. Jeff Hall is currently the President of the Santa Ana Restaurants Association. On November 19, 2013, 1 met with Jeff Hall and his designer, Eric Beneker at the Nesai Restaurant. They showed me the architectural drawings and explained to me the designs that they had in mind for the renovations. The current patio is comprised of a wood fence that is approximately four feet high in front of the restaurant. The proposed patio will include a fence approximately eight to nine 1j� PA2013-203 Nesai Restaurant UP2013-014 feet high that will include a terraced garden. The proposed changes to the patio are designed for functional and cosmetic changes to the existing patio and to address and minimize noise from the patio to the neighboring residential areas. Recommendations The Police Department is not opposed to the renovation of the outdoor patio; however, we would recommend that the outdoor patio close at 10:00 p.m., daily. We feel that these recommended hours would limit the effects that noise will have on the neighboring residential areas. Should this application be approved, the Police department recommends the following conditions: Signs and Displays Any signs or displays would need to conform to City requirements. 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. Hours of Operation The current hours of operation are 5:00 p.m. to 11:00 p.m. Monday through Friday, 10:00 a.m. to 12:00 a.m. Saturday, and 10:00 a.m. to 10:00 p.m. on Sunday. The proposed hours of operation will be 5:00 p.m. to 01:00 a.m. Monday through Friday, 10:00 a.m. to 01:00 a.m. Saturday, and 10:00 a.m. to 10:00 p.m. on Sunday. Security A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a special event permit. A special event permit may 1Lo PA2013-203 Nesai Restaurant UP2013-014 be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the Conditional Use Permit for the business: 1. Approval does not permit Nesai Restaurant to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 2. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 4. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 5. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 6. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 7. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 3 177 PA2013-203 Nesai Restaurant UP2013-014 8. There shall be no live entertainment allowed on the premises. 9. There shall be no dancing allowed on the premises. 10. Strict adherence to maximum occupancy limits is required. 11. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. If you have any questions, please contact me at (949) 644-3709. YhnThulin, ABC/Vice/Intelligence Detective Division Dale Johnson, Captain Detective Division Commander PA2013-203 u m o a c 4 a ' In tACq a n 00 m H �S ulm 'N oa Q H •� U TO m 00 m c s u LA LA �jl cj rr`i.pp�f yy C rJ0 F= 03 rn EA bD 40 NOW, n� CU (a W m O w 21 r ti c a 42 cn w a OL fu V) m ra s f N N 4�2� o � chi �� o�i j o o b 6CL NrD CC aj VA fa �--I a � a Y a� W y rn N o rri 3 s a� M W ti 1 S 11 rlvA 00 �, a -� ca cu 0 uL � a firN VP p rc U 00 00 N m L u X- -MOti m 00 00 rn rn ® � r a o 5 mLO Q 4 O H VNi d A N N H tV N m C N C O r t O N G W W ++++ O m of N 41 a - " C a ate+ � 6a1 ® O O 4i cu cc�, c vim, v ? n LnTO bD m r0 3 v o �• O Co O n rn 0N0 L 6 H N O p U O CL Cl, W cu Qj a`C.� U c Lt'f tG O U v C al cc "a r"cQj v1 N. PA2013-203 NTENTIONALLY BLANK PAGE PA2013-203 Attachment No. PC 14 Project Plans -g- PA2013-203 NTENTIONALLY BLANK PAGE ig2. 2013-203 PROJECT INFORMATION OWNER: CUNT 6 MARCELLE HUFFORD ITM LA ARENA CIRCLE FOUNTAIN VALLEY, CA 92T0B OPEPAMRS- 217 RN MDE MERCHANTS, INC. 215 RIRERSIOE STREET NEWPORTBEACH, CA925M CONTACT: MR.JEFFREYD, HALL VOICE: (714) 724-1031 ARCHITECT: VMCAACHITECTIIRE 2WP5 WALLACE PLACE STEVENSON RANCH, CALIFORNIA 91Sa1 CONTACT: MR. VICTOR COHONA, AA VOICE (213) 4074758 FAX (991) 254-0943 EMAIL• VICWr@VM"TChtWUr0LCnM DESIGNER: ARCHITECTURAL DESIGNER E9 DESIGN & OMAR INTERIORS 7M6ALONORAELVD, PARAMOUNT, CA 90M CONTACT: MR. MOLIJE RANIZE TEL: 323.439Awa EMAIL: mollie40dm dnteriom.wm PROJECT 215.217 RIVERSIDE STREET ADDRESS: NEWPOTir REACH, CA MM LEGALDESCAIPRON: TRACT-90M LOT.218 ZONE: CG(COMMERCIAL GENERAL) CONSTRUCTION VE TYPE: OCCUPANCY: A-2 SA I 21 B 21 T E VEER H U E STREET NEWPORT BEACH, CA 92662 PROJECT DESCRIPTION THE REMODEL CF AN ENSTNG RESTAURANT AND OUTDOOR PATIO ENCLOSURE BUILDING AREA: FIRST FLOOR (RESTAURANT) 2.91a So. FT. SECOND FLOOR (OFFICE) 2,a30 Sq. FT. THIRD FLOOR (OFFICE) 2,318 Sa FT. TOTAL 8,05890. FT LOT SIZE: 16,497 SQ. FT. PARKING REQUIRED: OFFICE USE 5,10250 - 21 SPACES NET INTERIOR PUBLIC RESTAURANT SPACE (FOR PARKING PURPOSES): 1,377 SQ. Fr,140 - 47 SPACES TQTPL= a9 SPACES PARKING PROVIDED ON SITE 18 SPACES SHEET INDEX SHEET DESCRIPTION ARCHITECTURAL A-0.0 COVER SHEET ACA RECORD SURVEY A02 CORNEA SURVEY A1A 9TTE RAN A-2.0 DEMOLITION PLAN AS30 AREA STUDY AZ FLOOR PLAN A5.0 EODERIOR ELEVATIONS VICINTY MAP Irvsl�eh an9l ers� nr I stoney. Mo f�Tanler a 4r, �� Ind ee'dQm �' f+l nerbalif�Diahib�toi RVapJal Rd P'P. =�a Apr aG al R z es �25 G���cIiH Ui rua,. Soon sl `=I _r PrkslHaSnE tL - soure.coesr _ .. A9iK1�T4 . P. vt e Wefrrzn'. N T VMc architecture PLANNING ✓s DESIGN 25725 Wellaoe PI. Stevenson Ranch CIS l i f o r n i a 9 1 3 3 1 tel: 213 407 4756 vloior®vmo ercnls. olu re.00m D—V and epeclTimfor® r 'vemrnorn e �� m. mtl ma rm.n >b Puamh rn 9e dash pra�br.l � of me dm:re. and ePemnuelnc mMretl I� me aimrt rmy a unllmtl wy � Ne � arm rQ wvcflre uo Pn� rrr wnitlf aia,• mam preperal, era A kr Ore caeNAm of a'0' eNm Pml.�erg'. um a mProdtllm tlYie tlmNrg In whtle v pe1 Iy erry move xhebo9.9' ie eettl/ pnM19Ned em$M xitll ep lAc mdtm mnomt o11,1AGaiW4sh.e Submittal date CUP SUBMrT7AL 01-17-14 0 0 a ARCHITECTURALSTAMP: Z W8 � WU � ❑2 N m ua1 LuLil L�uu:"'m m� a "Q N a - a Z NZ s a W w a4 J W O U In JOB NO: 13-015 DATE 01.17-14 SCALE: AS NOTED DRAWN BY: WIN CHECKED BY: VC SHEET NO: A-0.0 -2S 3-203 511'm7'oF' RECORD OF SURVEY NO.2014-100 09� aF�•e1/Ey: n/po/i3 ,/'a we- [tryoF veWPa¢7 ©PANGSccYcrlrY, a41-1,-n IK I ZY.VG 4SV- 6" �A fme7/av aF 447• D s"'w" S7rEE7, 7P�7 vo.9i9 yYJ 2g�913f .4=0fl OFD,0, VI;6 CD//A,17y +9L/iOWiA. ,5,e410E 1?ALL 454743 gt�C 8' I Irma, WJPM /,V WELG PER .e3 /JI/1a' ao�la8 ¢f 0/YFkS/m pa?lV� fp/'ipA-vv'PNo 1A7 /�sty,va .eef n1978�A.®5 i/ Ns3los'ae°E A./B:5ET7191a y� *CL 4 Cj'Ai � ���lt` 4•L2J2'Si�' s '� 00 Odo 101 loci �adxs/'c J+ �f n ! �JA ` e� \ / 4" Loi P Ah�Sr3 aoo�'���Rs� oil aA-_ 1e°4 Oct 1t. 40 to St M St J }r rY a H f� a hi V ":r .1 J ctZ � M. 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W61l,P1.1w1V c,�/� oes�iy �ieverve BASIS OF SEAR/,tIGS '7WE' 91-If e"A kV7 4W 7/ 5 MAP A.P6-.d9 V 41VWV 7%/E c6lree4/,JE' Ai- peV 9�i :✓IvwNcsv ?Ma y37195.3G .8ewa, k zew _0'E 513g7EMEAT T of & /fAVIC Ae,w,ePas- AF7,1.,v BU.evey /5 7v eE � Au t7 57�d?S 7 7W ALaeO ee&Wao e/4 i 45 IbG�7EN7 aomoe339S9 REYABGS 4-M4Vj;d- aV Nd y. VMC architecture P!_ANNING & DESIGN 25725 Wallace P1. Steven Son Ranch California 91381 tel: 213 407 4756 vlexor@vmc-e.onr:ee:e,e.oere nls:,x�� eaecirteesore � ireyor teals^ pdesaw � copes or ule erewms m apecl5r�e^e rehired by the dlvd mry he ufil®d nro rre �ao ro arm a� me weer; is whjo i, Oft aIm, rd : I ® a u,dm m any om., o-pcn nM rehrcwWtlm of Ib enwnp Ie wwe rr pee try any sere wneleav:a• le wncly plaHhlae —w will span& wruen raneaN oI VLICatHmcrre s bmiltel date CUP SUMT7AL 01-17-14 0 0 AARRCHITEC URALSTAMPr } W U) O U w w DATE M17-14 SCALE: AS NOTED DRAWN BY: WW CHECKED BY: VC SHEET NC: A-0. 1 1-2 4' 2013-203 swerve �aTv - Tilrrc.T,vo.9/9 �L e^ iVe1X4W L07 12 7PA47AIP VIP M a0aad6339�LOR A"7 0.5 SWAM - W, f A716 F-&Ate . .. •, e .0 •• ..,X%W PE2 �M8 237�3s-3Te a V4 7"67 Yd TBDP�'�� - A • r6��-. -`�rf < . by � fSOO.p syOs�Zb9DR lb - ,eeeaevDlJ /�il�/ PL S e4 _ m _..`A' km 95AVOV-_5T. aEp cnB aay/ sac IVXW(!Me'N7 AbMO 1�4E61E7/D �o�`�/eYEY. _ __ � > 'iB7 SPiKF f'GtI�S/J�4 L 5 ¢74v /.V AG PAYBiNEMT �_ �� r�T� � . . 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Stevenson Ranch California 81381 tel: 213 407 4756 color@vmc arennecru re.cem amaa aae apacir�mm ®iremmm� of � ad anar Baran me papery al ua eeela� prmleeeWrel coAb of lha tlrmMrge antl sprifir tft reYai d by tlu than may ne .. l� c,hl fv lire v - Iv omP1��r Ib Cafes la 'filch lhey Prd. p r�1 -AlIs the m Srn W airy atlrsr Qmjecu, !Try uea n creProhxAm d les tlnMrpspeak In Mwb n Pen %ere/ whmeoera• Is aMcy PrcHhYma Min wbmiml date CLIP SUBMITTAL 01-17-14 n J ARCHITECTURAL STAMP. W D U) w W w E 0 w U w JOB NO: imis DATE: D7-17-14. SCALE ASNOTED DRAWN BY: ww CHECKED BY: vc SHEET NO: A-0.2 g,5 P ,Q / yycp / PRDPERT,'UNE 62M — — —e' EXISTING PLANTING \ EXISTING PLANTING 3 4 6 7 8 9 \ / \ EXISTING PARKING LOT TO BE RE-STRIPEDTO / SITE PLANANONON RECORD ORD EXISTING PLANTING \ / \ n EXISTING PARKING LOT TO BE RE -STRIPED TO SITE PLAN ON RECORD 15 14 \ / 13 16 12 10 \ J - EXISTING DRIVEWAY / b' IS EXISTING EXISTING DRIVEWAY THREE-STORY MODIFY EXISTING ROOF ENCLOSURE TO PROMDE ASOVS FINISH SURFACE AFO COMMERCIAL BUILDING A FOR RUM34D SIGH DISTANCE REQUIREMENT \ �e� 8,056 SQ. FT. AT DRNEWAy. ENTRY \ �J PROM E NI "..,, SERNCEEMRV F CDWR \ \ NEW TROLL AND FENCE EXISTING rn0.SHOO T CLOSURE / AT PATIO NWG \\ ` ENTRY"'-- ''�• EXI TIN MET / q\� S��E PARKIN �O ''" ENVY/ NSNTPAT - SIGN LOCATION AT PAT1001 TRELLIS FENCE (� NEW TR NEW TRELLIS AND FENCE / \F� \ IO DINING KING q� \ 011 AREA CALC'S, �\ cF aF LOT SQUARE FOOTAGE: 16,497 SQUARE FEET \9� o MAXIMUM F.A.R. _ (0.5 X LOT AREA) = 16,497 X 0.5 = 8,280 SQUARE FEET \ I Q SITE PLAN BUILDING AREA: FIRST FLOOR (RESTAURANT) 2,910 SO, FT. \ \ �qNp He yF 0, v scA e ,,o' SECOND FLOOR (OFFICE) 2,830 SQ, FT. \ THIRD FLOOR (OFFICE) 2,316 SQ, FT. g'9aR �T9e�Pe TOTAL 8,056 SO, FT. \ \ \SGp e�3j�s 3 / \ 8,056 SQ. FT. < 8,280 SQ. FT., F.A.R. = O.K. \ v ► ■ C architecture PLANNING & DESIGN 25725 Wallace PI. Stevenson Ranch C a l i f o r n !a 91 3 81 tel: 213 407 4756 Draulrg anb speclirat— as inmrumeme of and shall remain the property oI the design professbnal copies of the C2wirgs anb specirloalions retained by the diem may be utilized ony for his use III for occupyirg the protect Ior which they were preoere,t — not Its the orotruclon of any other projects. Ary a or ep duction pf this dr—N In whole or pat by dry ne vfiatsce m svimly prohibite t except with specille written consent of VMGa hit,Mm submittal date CUP SUBMITTAL 01-17-14 4 ARCHITECTURAL STAMP'. I.-M Z w'100 cc HM M WU Cl) c LU Q W > W ITV Er Q �0 N N IL W -w U Z Nz w a z J 0- W H w w U) JOB NO: 13-015 DATE: 01-17-14 SCALE: AS NOTED DRAWN BY: WIN CHECKED BY: VC SHEET NO: A-1.0 1-g0 KITCHEN/BACK OF HOUSE KITCHEN: 1,040 SQ. FT. BACK BAR: 214 SQ. FT. KITCHEN ACCESS: 42 SO. FT. RESTROOM & HALLWAY: 216 SQ. FT. TOTAL: 1,512 SO. FT. NET PUBLIC SPACE MAIN DINING ROOM: 914 SQ. FT. CHEF'S DINING ROOM: 269 SQ. FT. TOTAL - INTERIOR: 1,183 SQ. FT. OUTDOOR DINING PATIO: 602 SQ. FT. CHEF'S DINING PATIO: 388 SQ. FT. TOTAL - EXTERIOR: 990 SQ. FT. TOTAL: 2,173 SQ. FT PUBLIC SPACE RE: PARKING PUBLIC AREA: 2,173 SQ. FT. INTERIOR CREDIT: 1,183 X 0.25 = <296> SQ.FT. NET PUBLIC AREA FOR PARKING PURPOSES: 1,877 SO. FT. PUBLIC AREA CALLS. N SCALE: 1/4"=1'-V M I Y ■C architecture PLANNING & DESIGN 25725 Wallace PI. Stevenson Ranch C a l i f o r n i a 9 1 3 8 1 tel: 213 407 4756 v lctor�vmc arcnnactu re.com D—no end sp-lical— as irimrumems of rs and shall re in the property of the design professb.1 copies of the drawings and epecifwadone retained by the diem may be utllised only for his use and for occupying the project for which they were prepared a,d not Icr the onstri.cUon of any other projects. AN use or reproduction pl this dm N In whole or pat by ary ns 4, rictty prohibited except with epecfflcw reneconsent of VMGarohite m submittal date CUP SUBMITTAL 01-17-14 0 ARCHITECTURAL STAMP �M Z w(0 cm H < WU �N w Q � >m Q �O Cl) IL Lu "' w w Z NZ 0 Cn W H w w Q JOB NO: 13-015 DATE: 01-17-14 SCALE: AS NOTED DRAWN BY: WW CHECKED BY: VC SHEET NO: A-2.0 MODIFY EXISTING ROOF ENCLOSURE TO PROVIDE MAXIMUM 3'-0" HEIGHT ABOVE EXTERIOR FINISH SURFACE FOR REQUIRED SIGHT/DISTANCE REQUIREMENT AT DRIVEWAY. PATIO/DINING 1 r-AIIU/UINIIVG 1 ♦ 1 � PATIO/DINING 1 `) EXISTING PATIO FENCE ' j ♦�1000 1 � TO BE REMOVED 1 I � 1 1 _—______—____.... �_ ______-__ PROPERTY LINE E0 BTENREMOVEDPATIO FENCE WALL LEGEND DEMOLITION PLAN EXISTING WALL TO REMAIN ___=__ EXISTING WALLS TO BE REMOVED . _ _ _ _ _ EXISTING DINING PATIO FENCE TG BE REMOVED, BE SITE AND FLOOR PLAN FOR LOCATION OF NEW FENCE AND TREW S SIDEWALK SCALE: VC=1'-0' Lis EXISTING PATIO FENCE TO BE REMOVED M I Y ■C architecture PLANNING & DESIGN 25725 Wallace PI. Stevenson Ranch California 9 1 3 8 1 tel: 213 407 4756 313M(, Draulrg ero specifiraEone as inetrumepte of re and shall re in the properly of the tlesign prolaesbral co Pi. of the J.MNe anb specificatlone stared by the client maybe InlllzeE only for his use anC for occupying the project for which they were prepared a,d not II the onstri cUon of ery other projects. Ary use or eproduction pl this tlm N In —Is or pat by ary ne wfiats I hr prohibiteb except with specific writteneconsent of VMGarohit Ie submittal date CUP SUBMITTAL 01-17-14 0 ARCHITECTURAL STAMP'. I— H— M Z w(0 cm HM WU �N w Q � >m Q �O Cl)N IL W "' w w Z Nz 0 Z J Z 0 J 0 w W JOB NO: 13-015 DATE: 01-17-14 SCALE: AS NOTED DRAWN BY: WW CHECKED BY: VC SHEET NO: A-3.0 v NEW ADA RESTROOMS 7 r � ? MENS 4 s 3 OO 3 8 12 15 n 1e 0 0 2 D --- D 1T I DINING WOMENS NEW SCREENING WALL °p NEW COMMUNAL SINKS sa OUTDOOR DINING ENCLOSURE a0 M 5] 58 60 59 63 69 67 64 65 62 66 67 NEW PATIO FENCE, PROPERTY LINE TO REPLACE EXISTING WITH NEW TRELLIS ABOVE I 1r WALL LEGEND fJ EXISTING WALLTOREMAIN NEWWP is NEW DINING PATIO FENCE WITH TRELLIS ABOVE KITCHEN (EXISTING) M1 /KITCHEN NEW KITCHEN ACCESS (EXISTING) NEW KITCHEN ACCESS DOORS I \ I � 1 I1 40 1 11 11 \ I L---- II \ 4, I I I NEDINCNGFS I MODIFY EXISTING ROOF ENCLOSURE TO PROVIDE MAXIMUM 3'—C" HEIGHT ABOVE EXTERIOR FINISH SURFACE FOR REQUIRED SIGHT/DISTANCE REQUIREMENT AT DRIVEWAY. j// NEW GREASE TRAP BELOW EXISTING TRASH F i WITH NEWE �I ROOF COVER L_J NEW 3'X3'X6' MAT WASH AREA ENTR JJ I 1e II BAR 117 ze 1 3,—a" 42 COUNTER 143 4e 106 ' \\ // 4�4• W.H. LL— — — — — — --- 48 10] ❑ 105 ' 20 27 44 45 4a 47 OUTDOOR 104 21 — — — — — — — — 28 a 38 DINING 2 23 2d 25 32 37 —. DINING ENCLOSURE 4 DINING 31 36 M ❑ ❑ 102 103 �' ^ Q NEW SERVICE BAR s2 ss / \ 01 / \ C \ NEW PATIO DOORS 53 54 ;n.7 \ \ , \ BB F- fis 64 ENTRY Be , B6 ro OUTDOOR DINING ENCLOSURE OUTDOOR DINING ENCLOSURE B] O Bs ENTRY 71 77 7B O63 es B0 e1 ma O 0�\ NEW PATIO FENCE, WIDTH NEWCTRELLIS ABOVE 6e 75 e0 t74 e, ENTRY 70 76 75 82 B2 94 ATED FENCE/RAILPATH PROPERTY LINE oilCIONSTRRUCTION OF TRAVEL NEW PATIO FENCE, TO REPLACE EXISTING JWITH . 10'-0" MINCUR. NEW PATIO FENCE, TO REPLACE EXISTING WITH NEW TRELLIS ABOVE NEW TRELLIS ABOVE7 EXISTING SIDEWALK FIRE RATED FENCE/RAIL CONSTRUCTION AT EXIT PATH OF TRAVEL EXISTING SIDEWALK SEAT COUNT GROUND FLOOR PLAN I� RESTAURANTINTEFOR'. 55 SEATS EXTERIORIPATIO: 52 SEATS TOTAL'. 107 SEATS NOTE: NEW DINING ROOM AND PATIO FURNITURE THROUGHOUT SCALE: ,,4-,� N M I Y ■C architecture PLANNING & DESIGN 25725 Wallace PI. Stevenson Ranch California 9 1 3 8 1 tel: 213 407 4756 v lctor�vm c-a rcnnactu re.com Drau4g and speoifirations as instrumepl6 of she and shall re in the properly of the mg, prolessbral co Pi. of the drawings anb speciTicatlone re,ained bythe client may be Inlllzed only for his use and for occupying the project for which they were prepared a,d not II the onetri.c6on of ery other projects. Ary use or eproduction of this dm N In whole or pat by ary ne wfiats I hr prohibiteb except with speciTic writteneconsentdVMGarohite m submittal date CUP SUBMITTAL 01-17-14 A A ARCHITECTURAL STAMP'. �M Z wLU 10 li F- M WU Cl) CC Q li F- Q �0 Cl) N W W Z Nz U w a Z Q 0 O w J LL JOB NO: 13-015 DATE: 01-17-14 SCALE: AS NOTED DRAWN BY: WIN CHECKED BY: VC SHEET NO: A-4.0 - ej 2013-203 NEV DINT NEW TRELLIS AT DINING PATIO NEW TRELLIS AT DINING PATIO I! IID�I�UII IIIIIII I III I IIIII IIIIIIII'I' 0000I00 IIIII I II'I'I'Illl 3'—B" MIN. CLR. NEW PATIO FENCE TO NEW SLIDI.ING PATIO DOORS NEW PATIO FENCE TO NEW SLIDING PATIO DOORS REPLACE EXISTING TO REPLACE EXISTING REPLACE EXISTING TO REPLACE EXISTING 0 PROPOSED AVON STREET. - SOUTH ELEVATION SCAM, 1/4'-V-V NEW PATIO FENCE TO REPLACE EXISTING PROPOSED RIVERSIDE DRIVE. - EAST ELEVATION SCALE: 1/4"-1'.0 EXISTING SIGN TO REMAIN — REPOSITION EXISTING SIGN ON NEW TRELLIS (UNDER SEPARATE PERMIT) NEW TRELLIS AT DINING PATIO sa i�], IFNI pit I L vi�S X c S ct T* Restaurant Cedar2x8 Trellis 61 � _DEA _ ! IAA[ WTI .: I�r��ltl�',.,�111111♦ ELEVATION DETAIL SCAM: 1/2'-1'.0 Gre Cec box EXISTING SIGN TO REMAIN SCALE: 1 Rtn,r.fn,re --r.teri SECTION SCALE 1/2'-1'41" staurdnt v ► ■ c architecture PLANNING & DESIGN 25725 WaIIaCa PI. Stevenson Ranch C a l i f o r n i a 9 1 3 8 1 tel: 213 407 4756 v lcio ravmc a r c h n e c t u r a. o om orauire aM sp-liratona as ireh-ems OI re and shall re in the property of the tlesign prolessbral copes of 11e C2wires and speciricalJons stared by the diem may be utllizeol only Ior his use and for occupying the prolacl Ior which they were pr os-, — not for the orolrw n of ery oft, projects. Any a or ep duction of lhis dr—N in whole or pat by ary ns vfisis — m sVicty pnohibiteb except with specific written consent of VMGarohite m submittal date CUP SUBMITTAL 01-17-14 0 ARCHITECTURAL STAMP'. �M Z w100 � rn M WU N 0:Q W �Lu m ITi CC Q �O N N IL w �' w w Z Nz 0 U) Z O Q w J W w w w Xw w w x w JOB NO: 13-015 DATE: 01-17-14 SCALE: AS NOTED DRAWN BY: WW CHECKED BY: vc SHEET NO: A-5.0 / O 2013-203 RIVERSIDE DRIVE EXISTING PARKING PLAN N SCALE: 1'-0" - 10 PROPERTY LINE ±123,00' b STORAGE �_ C STORAGE � `g 4 5 6 EXIST EXIST EXIST w 2660 AVON STREET w Ir o BUILDING FOOTPRINT o Ir N N ZO +I 7Z O w w Qz z Q LU LU a a LL Cc 0 a a 7 8 9 NEW NEW NEW a ,a 6-6. 6'-6. 6'-6- 10 11 12 NEW NEW NEW ° b 1 2 3 F EXIST EXIST EXIST -T - - - - - - - - - - - - - PROPERTY LINE ±123.00' RIVERSIDE DRIVE PROPOSED PARKING PLAN N SCALE: 1'40 - 10' VMC architecture PLANNING & DESIGN 25725 Wallace PI. Stevenson Ranch California 9 1 3 8 1 tel: 213 407 4756 vlotor®vmo •rphiteptu re.com Drawing and specifications as Inetrumarte pl antl shall ..,in the propedy of the design proleesional copes of the drawings and spacilicaiions staih.d by the client may be utilized only for his use and for occupying the protect for which they w re prepared, and not for the o ,,.dtlon of any plhe, projects. Arty usete reproductbn of this drawingin whole or part by any s whalspever is strictly prohibited except with specific written consent of VMC—hitecture submittal date CUP SUBMITTAL 01-17-14 0 0 A CHITECTURAL STAMP: H I.— M Z w10 I.L Cq wU H �U Cl) LULU m �H n� N N F- iO W w F N Z Z O a Z Q J 0- (V Z Y Q IL W H w U) ILL. ILL w O JOB NO: 13-015 DATE: 01-17-14 SCALE: AS NOTED DRAWN BY: WW CHECKED BY: VC SHEET NO: A-1.1 PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Monday, May 05, 2014 4:30 PM To: Burns, Marlene Subject: FW: NESAI PROPOSES TO CHANGE ITS OPERATING HOURS; Follow Up Flag: Follow up Flag Status: Flagged Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. Ma.4a.y.a. Nava. I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova@newportbeachca.gov www.newportbeachca.gov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Joanne & Howard Martin [mailto:joannhcCa)earthlink. net] Sent: Monday, May 05, 2014 4:17 PM To: Nova, Makana Subject: NESAI PROPOSES TO CHANGE ITS OPERATING HOURS; Howare & Joanne Martin,215 Ocean View Ave.,Newport Beach,Ca.92663 ATTN; Makana Nova,Assistant Planner: Project File No.PA2013-203, NASAI RESTURANT, 217 RIVERSIDE AVE. We feel that business hours should stay at 5:30 PM to 10:OOPM, Not 5:OOPM to 1:OOPM Thank you, Howard & Joanne Martin 1 PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Tuesday, May 06, 2014 7:43 AM To: Burns, Marlene Subject: FW: Nesai Restaurant new operating hours request Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. There are several more emails I will be passing along as well. HoL4o.y.o. Nava. I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnovaCabnew port beachca. gov www.newportbeachca.gov From: gale demurer [mailto:galedemmer@gmail.com] Sent: Monday, May 05, 2014 5:51 PM To: Nova, Makana Subject: Nesai Restaurant new operating hours request Ms. Nova, I am a resident of Newport Heights living on Cliff Drive above the Nasai Restaurant and ask that the use permit to extend the operating hours beyond what is already granted be denied.. The purpose of my request is the concern I have of the late hour traffic this may cause in our residential neighborhood. There is no doubt that employees of the restaurants on PCH and businesses on Riverside Avenue frequently use our street, as well as Riverside Avenue north into our neighborhood, for their parking needs. Late night guests, especially on the weekends may be doing so too. This would be a traffic inconvenience as well as the fact the restaurant allows for outside dinning and this would increase the late night noise in the neighborhood. Thank you for representing these concerns. Gale Demmer 2812 Cliff Drive Newport Beach, CA. 92663 PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Tuesday, May 06, 2014 7:44 AM To: Burns, Marlene Subject: FW: Nesai Permit hearing Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. Makana Nova I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova .newportbeachca.gov www.newportbeachca.gov -----Original Message ----- From: SANDRA L AYRES fmailto:ssayres(a mac.coml Sent: Monday, May 05, 2014 7:55 PM To: Nova, Makana Subject: Nesai Permit hearing Dear Planning Commissioners, Since the Stuft Noodle years, this corner restaurant has been a gathering place for the neighborhood. I for one, and I know along with many, are appreciative that a new owner wants to improve the corner and be part of our neighborhood. I support the needed conditional use permit for outdoor dining and adjustments for parking, although these exceptions will definitely affect our home. We live directly above the park. I appreciate all the provisions mentioned in the application and Staff report, but realistically, these will give way over time. I already watch so many employees of businesses from down the hill and even from across Coast Hwy, park on our street. I do not complain. It is part of the fabric of the neighborhood. But it would be wrong to allow untampered increases. And it would be wrong to deny the fact that traffic and noise at the closing hour will not affect our neighborhood. For the above reasons, I request a denial for the extended hours request. The new owner bought the business knowing the conditions. With a revitalization of the corner, we are happy to make some adjustments. But the quality of life in our neighborhood should not be compromised. There are many developments in the works. A standard has been set and we ask that it is adhered to in the future. Thank you very much for your consideration of the concerns of the citizens and residents. Sandra Ayres 2800 Cliff Drive PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Tuesday, May 06, 2014 7:45 AM To: Burns, Marlene Subject: FW: Nesai Restaurant Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. Makana Nova I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova .newportbeachca.gov www.newportbeachca.gov -----Original Message ----- From: Dru Vanderburgfmailto:druvan(a)roadrunner.coml Sent: Monday, May 05, 2014 8:42 PM To: Nova, Makana Subject: Nesai Restaurant Makena Nova Assistant Planner Hello, my name is Dru Vanderburg and I live at 2816 Cliff Dr. It is my understanding that Nesai Restaurant is under new ownership and is asking the city for a special exception to stay open past standard City operating hours and continue serving alcohol until 1:00 a.m. While I support this business, I am asking that late hours be denied. Unlike the restaurants on the other side of PCH, Nesai has homes directly above the restaurant that will be much impacted by the extended noise coming directly from the restaurant. In addition, the rest of us homeowners will be impacted by an increase in traffic on foot coming up through the park, as well as automobile noise of slamming doors and starting engines, during the late night and early morning hours. Thank you for your consideration, Dru Vanderburg PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Tuesday, May 06, 2014 7:46 AM To: Burns, Marlene Subject: FW: Nesai Resaurant Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. Makana Nova I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova .newportbeachca.gov www.newportbeachca.gov -----Original Message ----- From: Richard Taylor fmailto:rtaincl(cD-yahoo.coml Sent: Monday, May 05, 2014 8:52 PM To: Nova, Makana Subject: Nesai Resaurant Hi Makana, I am currently a resident here in Newport Heights and have been for the last 28 years. Our home is located in the 400 block of Riverside Ave and Cliff Drive. It has been brought to my attention that the Nesai Restaurant will be closing down and renovations are in the works for a new restaurant. I understand that the new restaurant owners are asking for special conditions for staying open late into the morning hours serving alcohol until lam. This unfortunately always leads to disturbances among the community within a residential neighborhood. I strongly appose this and urge you not to be persuaded to give into such a special condition for this restaurant . As a owner on Riverside Ave., we have had to deal with the massive parking issues with Sterling BMW employees, Postal employees, Enterprise Rental Cars and other restaurant employees throughout the years. It has been a continual problem with the everyones cars littered throughout the neighborhood, some leaving their cars for days. I can only imagine if a special condition would be granted like the new restaurant is asking for, this would become a continual nuisance for our neighborhood. Please do not let this happen. Thank you for your consideration Sincerely, Richard Taylor PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Tuesday, May 06, 2014 7:47 AM To: Burns, Marlene Subject: FW: Nesai Restaurant conditional use permit Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. This is the last correspondence for the moment. Makana Nova I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova .newportbeachca.gov www.newportbeachca.gov -----Original Message ----- From: Portia Weiss fmailto:portiaweiss(a)-gmail.coml Sent: Monday, May 05, 2014 11:04 PM To: Nova, Makana Subject: Nesai Restaurant conditional use permit May 5, 2014 Dear Ms. Nova, We are extremely concerned about the conditional use permit under consideration by the City of Newport Beach for the current Nesai Restaurant location. Our concerns are primarily regarding the extension of service hours past 11:00 p.m., as well as waiving a portion of required parking. There is no question that the extension of the service hours of this restaurant/bar will increase the traffic volume of drunk patrons through our residential neighborhood, There are a number of establishments already providing these services within a few hundred yards of this establishment (Billy's At The Beach, The Rusty Pelican, The Winery Restaurant and Bar, Joe's Crab Shack, The Dive Bar, The Arches... not to mention the great number of bars on the peninsula.) Another bar serving late within immediate proximity our homes would undoubtedly be detrimental to the safety of our residents and is in no way supportive of the best interests of our neighborhood. It is not difficult to identify the drunk drivers who cut through our neighborhood already in efforts to avoid being cited by law enforcement on both PCH and Newport Avenue. There are understandably very limited police patrols in Newport Heights —especially during the late evening and early morning when the other bars in Newport send their patrons onto our streets. Newport Beach has a limited law enforcement staff and they understandably must be appropriated to higher volume traffic routes leading out of Newport's higher density restaurant/bar areas. There have been Cliff Drive/Riverside Avenue parking issues over the years of businesses and patrons of these establishments located in the Avon/Riiverside Avenue area. These problems appear to have finally been resolved. This immediate area of Nesai Restaurant simply does not accommodate a large number of cars. This establishment may, however, in working with the surrounding residents, cultivate a tremendous clientele of residents who would walk to dine in a quality neighborhood restaurant. The upgrade of the food quality, service and outside premises of this property are a welcome and overdue change. Thank you for your consideration of our concerns. We hope that the conditional use permit to remodel the Nesai property will not include the extension of late hours of operation (after 11:00 p.m.) and will disallow the parking of this establishment's employees and patrons on our residential streets. Sincerely, Portia Weiss PA2013-203 421 San Bernardino Avenue Newport Beach, CA 92663 PA2013-203 BURNS, A&ARLP-NE From: Nova, Makana Sent: Tuesday, May 06, 2014 9:25 AM To: Burns, Marlene Subject: FW: Nesai Restaurant - (PA2013-203) Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. This is the last correspondence for the moment. I received one other email as well that I will send shortly. HoL4o -%4 Alova I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova 0)newportbeachca. gov www.newportbeachca.gov From: Earl Votolato fmailto:earljv sbcglobal.net1 Sent: Tuesday, May 06, 2014 8:47 AM To: Nova, Makana Subject: Nesai Restaurant - (PA2013-203) Good morning Makana, We received a notice regarding the new ownership of Nesai and the planned use of the restaurant. Comments were asked for and we are sending them to you since your name is on the City Agenda for this matter. To this end, please find my wife Kimberly and my comments below. We live at 2908 Cliff Drive and our home is above the park with the cross street Beacon and Cliff. We will not support the use as a bar and certainly not the extension of the hours of operation for the following reasons: 1. Noise - with the location being directly below our neighborhood the noise will be a nuisance 2. Parking - limited parking will force many potential patrons to park up and around our neighborhood. Experience has shown our neighborhood during the summer and July 4th holiday is a dumping ground for cars, bikes, beer bottles and cans and a lot of noise late at night when people are picking up their cars. 3. Trash - who picks up the trash left over by the patrons of the new restaurant and bar? We will have to in our neighborhood after their Thursday, Friday and Saturday night crowds leave. 4. Safety - Drivers parking and passing through our neighborhood increase the risk to the local residents and their children. Late night we can only imagine patrons leaving the planned bar to make our neighborhood very unsafe to walk their dogs or take a late night walk around the park. For the above reasons, we will not be supporting the new owners plans in any manner. 1 PA2013-203 Should you have any questions, please let us know. Regards, Earl and Kimberly Votolato PA2013-203 BURNS, MARLGNE From: Nova, Makana Sent: Tuesday, May 06, 2014 9:26 AM To: Burns, Marlene Subject: FW: Nesai Restaurant Special Exemption Petition Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. This is the last correspondence for the moment. H4444-.o. NovA I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnovaCanew port beachca. gov www.newportbeachca.gov From: Val Lyon [mailto:Val.Lyon (a)prpllc.coml Sent: Tuesday, May 06, 2014 9:14 AM To: Nova, Makana Subject: Nesai Restaurant Special Exemption Petition Good morning, I am a 50 year resident of Newport Beach, 30 of them in my present home at 427 San Bernardino Avenue in Newport Heights. I have been made aware of the above referenced petition and the request of the new owners to improve the premises, including the outdoor dining experience. I am 100% in support of this. My family has dined at the Nesai restaurant many times over the years and found it very accommodating. There is one request of the petition that I am 100% against. In no way should the restaurant be allowed to stay open to 1 AM. There is limited public parking that supports the area and without a concession from the adjacent shopping center to allow patron parking, this means more cars in our neighborhood at later hours into the night and early morning. We already have workers from many of the shops and restaurants parking on our streets and if you allow this restaurant (closest to residential neighborhood) to expand and draw greater numbers of patrons later into the night, it will logically push traffic, parking, and noise into our residential neighborhood. Please do not grant the petition to remain open until 1 AM. Respectfully, Edward V. Lyon 427 San Bernardino Avenue Newport Beach, CA 92663 949-631-3907 1 PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Tuesday, May 06, 2014 12:48 PM To: Burns, Marlene Subject: FW: Nesai Restaurant More correspondence for Item 2 on the May 8th Planning Commission agenda. Ho&AoL,*%oL NavoL I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova Cd)new portbeachca. gov www.new oortbeachca. aov Important Announcement - We've Moved! — 100 Civic Center Drive, Newport Beach, CA 92660. From: Judy Elmore fmailto:elmoreJ@elmoretoyota.com] Sent: Tuesday, May 06, 2014 10:12 AM To: Nova, Makana Subject: Nesai Restaurant Makena Nova, As a home owner and resident of Newport Heights I would like to share my opposition to the extended hours application for Nesai Restaurant. Since we are so closely conncected to that area it would be a bad idea to open our residential streets to late night drinkers. I wish them success and am looking forward to patronizing their "new" establishment but any mixing of quiet residential streets and late nighters is not a good idea. Judy Elmore 2914 Cliff Drive Newport Beach, Ca. 92663 PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Tuesday, May 06, 2014 12:48 PM To: Burns, Marlene Subject: FW: NESAI RESTAURANT (PA2013-203) More correspondence for Item 2 on the May 8th Planning Commission agenda. Ho&AoL,*%oL NavoL I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova Cd)new portbeachca. gov www.new oortbeachca. aov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Scott Pollard [mailto:ssplaw@pacbell.net] Sent: Tuesday, May 06, 2014 12:46 PM To: Nova, Makana Subject: NESAI RESTAURANT (PA2013-203) Ms. Nova: While I am looking forward to enjoying the new ownership's concept for Nesai Restaurant and am in favor of the proposed renovations, I am concerned about the proposed extended hours of operation after 11 pm. There are quite a number of homes nearby with elevations above Nesai. The "rising" sound of patrons conversing outside, entering vehicles (which more than likely would be parked on the residential streets being more proximate to Nesai), and driving their cars away will disturb the residents nearby. I am in support of the plans for Nesai, but believe that the late hours request should be denied. Scott S. Pollard 2804 Cliff Drive Newport Beach, California 92663 PA2013-203 BURNS, MARLENE From: Brown, Leilani Sent: Tuesday, May 06, 2014 3:11 PM To: Burns, Marlene Subject: FW: Chairman Hillgren and Members of the Planning Commission Attachments: D00050614.pdf Hi Marlene. This is for the Planning Commission. Thank you. Leilani I. Brown, MMC City Clerk City of Newport Beach 100 Civic Center Drive I Newport Beach I CA 192660 T (949) 644-30051 F (949) 644-3039 1 Ibrown(cNewportbeachca.gov Regular Business Hours, Excluding Holidays: Monday to Thursday: 7:30 a.m. to 5:30 p.m. Friday: 7:30 a.m. to 4:30 p.m. VOTE June Primary Election - Tuesday, June 3, 2014 qWNewport Beach's General Municipal Election - Tuesday, November 4, 2014 Register to Vote Today From: Melissa Pires fmailto:mpiresCabcenterstone.coml Sent: Tuesday, May 06, 2014 3:02 PM To: Brown, Leilani Cc: 'Ernest Castro' Subject: Chairman Hillgren and Members of the Planning Commission Hi Leilani, I am emailing you the attached letter, per my supervisor who resides in Newport Beach. The original to follow in today's mail. Thank you, Melissa Melissa Pires - Accounting Manager CenterStone Communities, Inc. 3500E West Lake Center Drive Santa Ana, CA 92704 Tel. 714.437.0815 Fax. 714.437.0830 PA2013-203 The information contained in this e-mail message is confidential and protected by certain privileges, including the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It is intended solely for viewing by the addressee only. The privileges are not waived by virtue of this communication being sent by e-mail. If the person actually receiving this e-mail or any other reader is not the named recipient or the employee or agent responsible to deliver this communication to the named recipient, any use, dissemination, distribution, reading or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and permanently delete this e-mail and any attachment from your system. Thank you. PA2013-203 May 6, 2014 Mr. Bradley Hillgren, Chairman of the Planning Commission City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: C.U.P. for Nesai Restaurant (PA 2013-203) Chairman Hillgren and Members of the Planning Commission, My name is Ernest Castro and my residence is located at 2915 Cliff Drive; directly above the restaurant and its parking lot. I am extremely opposed to allowing the continued operation of the Nesai Restaurant and especially its outside dining and drinking past the hours of 11 pm. Unlike most other restaurants here in Newport Beach; this facility is extremely close to residences on almost three sides. Nesai and the previous restaurant, The Stuff Noodle have always been good neighbors and served the community well as fine dining establishments. It appears the new owners want to establish more of a night club atmosphere. Hours after 11pm would be an extreme hardship on the surrounding Newport Heights Community. Please set strict standards for this use permit and its related noise and alcohol use. Sincerely, Ernest Castro Resident PA2013-203 BURNS, A&ARLENE From: Nova, Makana Sent: Wednesday, May 07, 2014 5:15 PM To: Burns, Marlene Subject: FW: Nesai Restaurant Please refer to the following comment received for item 2 on tomorrow's Planning Commission agenda. H44.44,4 Nov.4 I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(b)new portbeachca. aov www.newportbeachca.gov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Ned McCune fmailto:ned24550)hotmail.com1 Sent: Wednesday, May 07, 2014 3:38 PM To: Nova, Makana Cc: Jeff Hall Subject: Nesai Restaurant Dear Ms. Nova, Please bring this to the attention of the planning commissioners prior to tomorrow's meeting. I support the application, with the reservations listed below, because a livelier Nesai Restaurant is in the best interest of Mariner's Village, of which I am a part. 1) Provisions of UP 1677 are carried over into this application. This is at the discretion of the staff and the commission, and must not set a precedent for future applications, in particular, one for the Post Office/C'est Si Bon complex, which has already been before this body asking for a zoning change, and will surely be back for other approvals. This property has notoriously pushed all tenant parking on to the street for decades. I know because I have had to tow its cars out of my lot for decades to secure parking for my tenants. 2) The commission has allowed other permittees to operate outside the parking provision of their use permits for decades. Joe's Crab Shack is one example. 3) Mariners Mile parking studies gather dust somewhere in city hall. There should be no more permits of this kind, in this neighborhood, until we have a definitive study of available spaces, how and how many times over they have been pledged, and their occupancy levels. 4) The city sells parking permits for its municipal lots without regard for capacity. I know that there is still —usually --spare capacity in the 200 Tustin Ave. lot, but with this PA2013-203 applicant buying another chunk of permits, it's time to compare what's been sold with the resulting demand. 5) Staff report is misleading on Page 9. The distance from 215 Riverside Ave. to the first of the sixteen blue poles on the right (west) side of the entrance is 750 feet, and those are the first occupied. To reach the other 72, one must go another 200-300 feet. That's a five-minute walk each way over sidewalks that are dark and deserted when the sun goes down. 6) Again on Page 9, "all ten employees." Applicant will have a staff, counting those on and off duty, probably twice that. Unless all have permits, those without them will park on the street when on duty. Then there is the "frictional" loss of permits due to staff turnover, staffer's car in for repairs, etc. Riverside Ave., Tustin Ave., Ocean View Ave. and Avon Street cannot absorb more employee parking demand. Businesses along Avon Street in particular depend on it for their customer parking. To the extent that newcomers find it somewhere, they push the line of cars deeper into Newport Heights and/or put more pressure on me to secure my lot by towing more cars. 7) Staff report is ambiguous as to daytime operations. On Page 10 it recommends giving applicant the "flexibility" to open the Chef s Dining Room then. Can applicant use these 16 seats in addition to the 34 in Table 2, or can he choose between the venues when the smaller would be more economical to operate? Bear in mind that UP 1677 allowed for only 15 seats 11A to 5P. Applicant wants grandfathering as to parking, while asking for more than twice the seating. The ambiguity would allow for more than three times the original 15 seats. 8) Staff s assumption that the metered spaces on Avon Street adjacent to Nesai will be used only by Nesai patrons depends an unchanging post office complex, but its new owner surely has other plans. Ned McCune, owner, 2700 West Coast Highway. 949 646 2076 701 PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Thursday, May 08, 2014 7:45 AM To: Burns, Marlene Subject: FW: Extended hours requested by Nesai Correspondence for Item 2 on tonight's Planning Commission agenda. M44k4-.o. NoN.4 I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(b)new portbeachca. aov www.newportbeachca.gov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: wyatt mitcham rmailto:wyattmitcham@yahoo.coml Sent: Wednesday, May 07, 2014 7:24 PM To: Nova, Makana Subject: Extended hours requested by Nesai Now that the park is in the process of being renovated, the sound from cars being parked and the going and coming of cars, echo up to the residential neighborhood of Newport Heights. The sound from Nesai is now limit to 11:00 PM, after 11:00 PM one could say NESAI would become a Bar and not an eatery. We the people have a number of BARS in Newport Beach. Nesai is too close to our neighborhood as it is, to extended hours would constitute a safety hazard. DO WE the people want to increase drunk drivers on the roads and then have them driving through Newport Heights. If this is a way of attracting more clientele it won't be from our neighborhood. The City of Newport Beach is trying to accommodate all party's. Is there a way to generate more money,other then extension of hours, better marketing perhaps? Newport Beach has many fine magazines to advertise their eatery in, in order to draw in new business during their normal operating hours. Wyatt Mitcham PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Thursday, May 08, 2014 7:48 AM To: Burns, Marlene Subject: FW: Nesai One more comment letter for Item 2 on tonight's Planning Commission agenda. H44.444,oL Nov.4 I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(b)new portbeachca. aov www.newportbeachca.gov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Tom LoScalzo fmailto:nbtl9490)hotmail.com1 Sent: Thursday, May 08, 2014 7:22 AM To: Nova, Makana Subject: Nesai Hello Makana, My name is Tom Loscalzo and my family resides on Westminster Ave in the Newport Heights area of Newport Beach. My wife Yesenia and I have been frequenting the Nesai restaurant periodically over the years mainly due to its close proximity and walking distance from our residence. During more recent visits we have become aware of a new owner group taking over and plans to conduct significant remodeling and an overall change to the operating concept. At first we were very apprehensive about this and what the restaurant might turn into. However, having had the chance to visit with a couple of the ne owners and become more familiar with the proposed enhancements and the group behind it we are now in full favor and support of the planned transformation. We are beyond excited to see a local establishment get a fresh makeover and renewed energy to become a much more visually appealing and high quality dining destination. We have even taken it upon ourselves to the visit the new owner group's other two restaurant locations in Downtown Santa Ana and we have been thoroughly impressed by the food, service, and atmosphere. We expect that if they can turn Nesai into something of comparable quality then we will have a vital new asset attached to our neighborhood. My wife and I often dine late and when speaking with one of the owners, he said they intended to stay open later than now. I was, of course, concerned that it was going to be a late night hang out. He assured me that was not the case and that his group has no interest in that. So, we are very much looking forward to a nice late night place to dine that is so close. We are in full favor and support for the proposed improvements and operating conditions being sought after by the new owner group. In fact, we cannot wait for the new restaurant to be open and ready for our loyal patronage. Thank you so much for helping to improve our neighborhood. PA2013-203 Sincerely, Tom & Yesenia LoScalzo Tom LoScalzo 949-500-2314 PA2013-203 BURNS, MARLGNE From: Nova, Makana Sent: Thursday, May 08, 2014 7:55 AM To: Burns, Marlene Subject: FW: Nesai Restaurant/General Plan Update One more comment letter for Item 2 on tonight's Planning Commission agenda. H44.44.oi. Nov.4 I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(b)new portbeachca. aov www.newportbeachca.gov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: TOMLU BAKER [mailto:tomlubaker@hotmail.com] Sent: Thursday, May 08, 2014 12:09 AM To: Nova, Makana; Ramirez, Gregg Cc: Tom & Lu Anne Baker Subject: FW: Nesai Restaurant/General Plan Update Dear MNOVA and Greg Ramirez, I believe you should have been on the distribution list for the following email. My mistake. Tom Baker From: tomlubaker@hotmail.com To: bhillgren@highrhodes.com; tucker@gtpcenters.com; korvkramer@gmail.com; fredameri40@gmail.com; tim-brown@sbcglobal.net; ray.lawler@hines.com; jaymyers5@cox.net CC: tomlubaker@hotmail.com Subject: Nesai Restaurant/General Plan Update Date: Wed, 7 May 2014 23:58:39 -0700 I wish to thank you and the city organization of Newport Beach for accepting input on matters related to citizen concerns about NESAI RESTAURANT (PA2013-203) and New Commercial Developments. New Commercial Developments { defined as new initial development of a previously undeveloped sites or redevelopment of a previously developed site } (NCD) requires the new commercial development abutting residential designated properties be designed to minimize street parking by NSD, noise impact generated by loading areas, parking lots, trash enclosures, mechanical equipment, and any other noise generating features specific to the development to the extent feasible. SUBJECT # 1 : NESAI RESTAURANT (PA2013-203) PA2013-203 Neighborhood concerns with NESAI RESTAURANT (PA2013-203) include : A) The request by NESAI RESTAURANT of an extension of service hours past 11:00 pm. There should be no extension of service hours granted to NESAI RESTAURANT. Development/redevelopment for these NCD sites shall be limited to the historical usage. Example : If the type of business conducted at the sites has been from 8:00 AM to 5:00 PM with minimal or no business on weekends (and no Sunday business), then these sites shall be limited to the historical usage. There is no question that the extension of the service hours of this restaurant/bar will increase the traffic volume of drinking patrons through our residential neighborhood. This is not only a traffic issue but also a safety issue. There are a number of establishments already providing these services within a few hundred yards of this establishment. B) The request by NESAI RESTAURANT to waive a portion of the required parking The request to waive a portion of the required parking should not be granted to NESAI RESTAURANT. No on -street parking credit shall be granted for NCD's abutting residences. Parking on residential streets instead of utilization of assigned commercial parking has always been a problem. There have been Cliff Drive/Riverside Avenue parking issues over the years of businesses and patrons of those establishments located in the Avon/Riverside Avenue area. (Similarly there have been and are parking issues in other areas such as Beacon Avenue/Holmwood Drive/Westminster Avenue/Broad Street /Clay Street /Bolsa Avenue/Catalina Drive over the years. All efforts should be made to ensure that all such commercial enterprises abutting residential designated properties are barred from allowing, encouraging or planning for the use of residential parking areas as overflow parking for their employees or customers. C) The request by NESAI RESTAURANT for Approval of a parking management program that includes off -site parking at 2660 Avon Street, annual employee parking passes for use in the City municipal parking lot (Mariners Mile Lot), and valet parking. The request by NESAI RESTAURANT for Approval should be granted IF AND ONLY IF there is a legally recorded Agreement with the City (and other parties if appropriate) specifying the number of required parking spaces by PA2013-203, accessibility by the public of the legally recorded Agreement, individual parking spaces signage specifications to assure the markings are clear and specific in the intended usage and that the conditional use permit PA2013-203 is null and void if the terms of the original agreement are not met by the City and/or the NESAI RESTAURANT D) Reference emails to mnova(a)-newportbeachca.gov for additional Neighborhood concerns with NESAI RESTAURANT (PA2013-203) PA2013-203 SUBJECT # 2 : General Plan Update An email addressing residential concerns associated with commercial development abutting residential designated properties and proposes changes to the General Plan Amendment (November-2014 Public Vote) to minimize the residential concerns was sent to Mr. Greg Ramirez on 4/30/2014 with a request to provide copies to the Members of the City Council and the Planning Commission. Said email contains additional residential concerns and is not limited to those concerns expressed about NESAI RESTAURANT (PA2013-203). Reference emails to gramirez(a)-newportbeachca.gov for additional Neighborhood concerns commercial development abutting residential designated properties Once again thank you for the opportunity to provide comments. Tom Baker 413 Holmwood Drive PA2013-203 BURNS, MARLEN6 From: Nova, Makana Sent: Thursday, May 08, 2014 10:21 AM To: Burns, Marlene Subject: Nesai Acoustical Analysis Report Attachments: Nesai Report.pdf Marlene, Please refer to the attached acoustical analysis report provided by the project applicant for Item 2 on tonight's Planning Commission agenda. MA4A1+A NavA I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(&newportbeachca.aov www.newportbeachca.gov Important Announcement - We've Moved! — 100 Civic Center Drive, Newport Beach, CA 92660. From: Eric Beneker fmailto:ericbeneker@ebdesign.ccl Sent: Thursday, May 08, 2014 8:14 AM To: Nova, Makana Cc: Jeffrey D Hall Subject: Re: Nesai Materials boards Good morning Makana, I plan on stopping by a little before 9am with the boards. Also we just got our Acoustical report late last night and would like to include it for review by the planners. I will also print out hard copies for distribution tonight. thank you! Eric On May 7, 2014, at 5:17 PM, "Nova, Makana" <MNova&newportbeachca.gov> wrote: > Hi Eric, > You can drop the boards and easels by sometime tomorrow if you'd like. That way our staff can set them up prior to the meeting tomorrow evening. Let me know what time you plan to come in. I should be in the office for most of the morning. > Makana Nova I ASSISTANT PLANNER, AICP > Planning Division I Community Development Department > City of Newport Beach > 100 Civic Center Drive I Newport Beach, CA 92660 > P. 949.644.32491 F. 949.644.3203 > mnova(c�r�,newportbeachca.gov > www.newportbeachca.gov > Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. > -----Original Message ----- > From: Eric Beneker [mailto:ericbenekernebdesign.cc] > Sent: Wednesday, May 07, 2014 4:11 PM > To: Nova, Makana; Jeffrey D Hall PA2013-203 > Subject: Nesai Materials boards > Hi Makana, > I have 3 large Materials/inspiration boards for the presentation and 3 easel to display them on. I think it may be best if I were to set them up someplace where the planners maybe could see them before the hearing? I would also like to use them in the council chambers for our presentation. How do you usually handle that? > I will also have smaller story boards with our floor plan and the concept renderings but those are easy to handle. > thank you! > Eric PA2013-203 RS ACOUSTICS INC 15751 Beaver Run Road Canyon Country, CA 91387 P: (661) 251-3965 F: (661) 310-3783 NESAI RESTAURANT 215-217 RIVERSIDE STREET NEWPORT BEACH, CALIFORNIA ACOUSTICAL ANALYSIS REPORT Prepared for: Victor Corona VMC Architecture Planning & Design 25725 Wallace Place Stevenson Ranch, CA 91381 Prepared by: RS Acoustics Inc. 15751 Beaver Run Rd. Canyon Country, CA 91387 Phone: (661) 251-3965 Fax: (661) 310-3783 Date: 8 May 2014 Report No. 140508 Consultants in Architectural Acoustics & Noise Control PA2013-203 Nesai Restaurant— Newport Beach Annual Analysis Report Page 2 SECTION 1 - GENERAL This report has been prepared to determine the acoustical effects associated with extending the operat- ing hours of an exterior patio from the current 10:00 pm closing time to 12:00 am. The exterior patio extends the entire length of the south elevation of the restaurant and approximately 16' along the east elevation. Buildings in the nearby vicinity with direct line -of -sight to the exterior patio are commercial and retail occupancies. Directly across Avon St. south of the restaurant and patio is a post office/warehouse build- ing which extends the entire length of the Nesai Restaurant. Retail and commercial buildings occur fur- ther west on Avon St. Directly east of the restaurant across Riverside are commercial buildings including a Mariners Insurance building, and an architectural design office. Residences are located north and northeast of the restau- rant building 1.1 PROJECT DESCRIPTION The Nesai Restaurant is located at 215-217 Riverside Street in Newport Beach, California at the north- west corner of the intersection of Avon St. as shown on the vicinity map on Figure 1. The proposed res- taurant occupies approximately 3000 square feet of the first level of a three story building, with office space on the two floors above. The patio is located at street level, approximately 10' wide and extends the length of the building elevation facing Avon St. and approximately 16' along the building elevation facing Riverside 1.2 COMMUNITY NOISE ASSESSMENT METRICS In general, community noise measurements or assessments refer to descriptions of the exterior noise environment in the vicinity of inhabited areas. Descriptions of noise usually include the time and spatial variations in the outdoor noise environment throughout a specific area so that descriptions are relevant to the effect on people within the specified area. Outdoor noise environments vary greatly in magnitude and character among locations throughout a community — from the quiet suburban areas bordering on farmland, to the din of traffic in downtown city streets. They generally vary with time of day, being relatively quiet at night when activities are min- imal and noisier in morning and afternoons during peak traffic periods. Noise or unwanted sound is complex and may be comprised of a broad range of sounds often including low and high frequency components, which may also occur at differing decibel levels. To help simplify and quantify the human judgment of relative loudness and provide a simple single -number rating sys- tem, the "A -weighting" network was developed. A -weighted sound level " db(A)" is one of the most widely used methods of stating community noise de- sign goals and regulations in terms of a single number rating system. A -weighted sound levels are ob- tained with a sound level meter incorporating an electronic weighting network that de-emphasizes the low frequency portions of the noise spectrum, to automatically compensate for the lower sensitivity of the human ear to low frequency sounds. High frequency components of sound, 1000Hz and above are relatively unchanged in A -weighting networks as the human ear is fairly equally sensitive to all sounds PA2013-203 Nesai Restaurant— Newport Beach Annual Analysis Report Page 3 occurring in this high frequency range. The single A -weighted sound level is the sum of all A -weighted sound energy within the 32Hz to 8000Hz octave bands. The City of Newport Beach, as is typical of other cities, utilizes A -weighted sound levels in their noise ordinance to quantify allowable noise levels which are averaged over a specific time period. This time component is specified to allow for varying noise conditions such as the fluctuating noise levels associ- ated with vehicular traffic stopping or accelerating from an intersection. The resultant level would be the average of all sound levels measured within the stated time period. The noise ordinance of The City of Newport Beach requires that noise measurements be conducted and averaged over a 15 minute period, with a sound level meter set for a slow response averaging time. The result is termed a "15 minute Leq", (Equivalent Noise Level) and is measured and presented in A - weighted decibels levels. By definition, a 15 minute Leq is the A -weighted sound level corresponding to a steady-state sound level containing the same total sound energy as a time -varying signal over the 15 minute period. For short duration or impact sounds, the City of Newport Beach utilizes the Lmax metric or (Maximum Sound Level). This metric is also expressed in A -weighted decibels, and per the requirements of the or- dinance is measured at the slow response averaging time. Lmax noise levels quantify the highest sound level measured or recorded during a designated time interval or event. ova )wQ A, Nesal Restaurant Q'. CA�hF[S#ay Ce171 ' Ca 1+e CS!.k c. ' I L 6 Phil OF*@ i iIf1E SC'!IC[1 ■ . I�fTIN! lAll �kl L311C L`rwl S+�r� E3alx�Y • 41P1/I ON+ SNca [L � BOd1 p4+lonal lrawfi ng ' Wyk F.&rye tW* S FIGURE 1 VICINITY MAP 1.3 NOISE STANDARDS The following noise level standards are excerpted from the City of Newport Beach noise ordinance. 10.26.025 Exterior Noise Standards A. The following noise standards, unless otherwise specifically indicated, shall apply to all proper- ty within a designated noise zone: PA2013-203 Nesai Restaurant— Newport Beach Annual Analysis Report Page 4 Measuring Daytime Nighttime Allowable Exterior Allowable Exterior Noise Type of Land Use Metric Zone (A-wtd) Noise Level (Leq) Noise Level (Leq) 7:00 am —10:00 pm 10:00 pm — 7:00 am Single-, two-, or multiple -family 15 minute Leq 55 dB(A) 50 dB(A) *Lmax 75 dB(A) 70 dB(A) residential. 15 minute Leq 65 dB(A) 60 dB(A) II Commercial *Lmax 85 dB(A) 80 dB(A) 15 minute Lep 60 dB(A) 50 dB(A) III Mixed Use Residential ** *Lmax 80 dB(A) 70 dB(A) IV Industrial or Manufacturing 15 minute Leq 70 dB(A) 70 dB(A) *Lmax 90 dB(A) 90 dB(A) * Lmax levels defined in B.2 below ** Residential properties within 100' of commercial property line defined in D. below. If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or oth- erwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen -minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) dB(A) for any period of time (measured using A -weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that com- mercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995) As discussed in the following section, the ordinance defines the locations where acoustical measure- ments are to be made to determine compliance with the noise standard criteria. 10.26.055 Noise Level Measurement A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measure- PA2013-203 Nesai Restaurant— Newport Beach Annual Analysis Report Page 5 ment microphone height shall be five feet above finish elevation or, in the case of a deck or bal- cony, the measurement microphone height shall be five feet above the finished floor level. The location selected for measuring interior noise levels shall be made within the affected resi- dential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position. (Ord. 95-38 § 11 (part), 1995) 1.4 TEST EQUIPMENT Noise levels measurements were conducted with the following equipment. Acoustic calibration was conducted immediately prior to and following the test procedures: • Larson Davis Type 824 Type I integrating one-third octave band sound level meter • Larson Davis Model PRM902 microphone preamplifier • Larson Davis Type CAL200 precision Class I sound level calibrator calibrated to a reference traceable to the National Institute of Standards and Technology. • Larson Davis Type 2560 %" microphone accepted to meet the specifications of IEC 60651 and ANSI S1.4-1983 Type 1. Measurement equipment satisfies the American National Standards Institute (ANSI) Standard 1.4 for Type 1 precision sound level measurements as well as all requirements for testing equipment for the City of Newport Beach. SECTION 2 - ACOUSTICAL MEASUREMENT RESULTS Acoustical measurements were conducted at several locations on 7 May 2014 between the hours of 11:00 pm and 1:00 am on 8 May 2014 to determine the ambient conditions which occur during the de- sired extended hours of patio operation. Measurement positions are shown in Figure 2. The primary source of noise impacting the restaurant and adjacent areas is traffic noise from Coast Highway to the south. Traffic on Riverside was sporadic during our site visit, and no traffic was observed on Avon St. Commercial and general aviation aircraft at high elevation were also observed. PA2013-203 Nesai Restaurant— Newport Beach Annual Analysis Report Page 6 PL Restaurant easurement 4 Position 1 _ �4� _ 4$ d8{A] ,- e it Patio A I Ki Mee§11fement Position 5 47 dB(A) f� ivi caau i c i i �ci i � Positi _ 47 d%`+ Measurement - 4 Position 3 48 d13W V a FIGURE 2 MEASUREMENT POSITIONS 2.1 PREDICTED NOISE LEVELS The drawings show the patio to seat 52 total diners, approximately 42 along the south elevation of the restaurant building and another 10 patrons seated at the east elevation. The closest building to the south patio elevation is the post office which is approximately 50' from the patio. To the east across Riverside, the closest building is the insurance building which is 80' from the patio. Residential property 90' to the northeast across Riverside would only be exposed to the ten diners seat- ed at the east area of the patio. Noise from patio diners would be insignificant at the residences located to the north of the patio due to the acoustical shielding provided by the 3 story restaurant building. Typical sound levels of normal conversation between people approximately 3' apart is on average 65 dB(A). Using the assumption that additional diners in the patio will generate, on average, the same level of noise per person (at a fixed distance), determining the sound levels of 52 people speaking (assuming the patio is 100% occupied) is calculated by the following calculation: 10log {(10i66.1o) x 52)1 (for 100% occupancy — 52 diners total at south elevation) 101og {(10166/10) x 10)1 (for 10 diners at east elevation) The resultant sound level of 52 patrons speaking at average levels of 65 dB(A) results in total sound lev- els of 82 dB(A). The sound level of 10 patrons speaking at average levels of 65 dB(A) results in total sound levels of 75 dB(A). PA2013-203 Nesai Restaurant— Newport Beach Annual Analysis Report Page 7 To determine the sound level at the commercial post office property to the south at a distance of 50' from the patio, the following formula is used: 82 dB(A) - 201og(d2/dl) Where d1= initial distance (3') d2 = distance where sound level is desired (50') For the commercial post office property south of the patio, the calculated sound levels from diners: = 82 dB(A) - 20log(50'/3') = 82 dB(A) — 25 dB(A) = 57 dB(A) For sound levels at the office buildings 80' to the east across Riverside, the following formula is used: 82 dB(A) - 20log(d2/dl) Where d1= initial distance (3') d2 = distance where sound level is desired (80') For the commercial office properties east of the patio, the calculated sound levels from diners: = 82 dB(A) - 20log(80'/3') = 82 dB(A) — 29 dB(A) = 53 dB(A) For sound levels at the residential property 90' to the northeast across Riverside, the following formula is used: 75 dB(A) - 201og(d2/dl) Where d1= initial distance (3') d2= distance where sound level is desired (90') For the commercial office properties east of the patio, the calculated sound levels from diners: = 75 dB(A) - 20log(90'/3') = 75 dB(A) — 30 dB(A) = 45 dB(A) These results as well as the City of Newport Beach noise standard are shown in the following Table I. PA2013-203 Nesai Restaurant— Newport Beach Annual Analysis Report Page 8 TABLE I Predicted Noise Distance to Nearby Noise Reduction Resultant Level at Newport Beach Levels at Patio Property due to Distance Nearby Property Nightime Standard 82 dB(A) 50' to post office 25 dB(A) 57 dB(A) 60 dB(A) across Avon 80' to commercial 82 dB(A) offices across River- 29 dB(A) 53 dB(A) 60 dB(A) side 75 dB(A) 90' to residences 30 dB(A) 45 dB(A) 50 dB(A) across Riverside SECTION 3 - CONCLUSION The noise levels generated by operation of the dining patio are calculated to range from 53 dB(A) to 57 dB(A) at the closest commercial properties thus satisfying the 60 dB(A) maximum level allowed by the City of Newport Beach noise ordinance. At the closest residential property to the northeast of the restaurant, noise levels from patio activity are calculated to be 45 dB(A) which satisfies the 50 dB(A) maximum level allowed by the City of Newport Beach. Residences directly north of the building are acoustically shielded and noise levels from the patio activity would be insignificant. Based on data measured at the site as well as calculations presented herein, we conclude that the dining patio remaining open to 12:00 a.m. should satisfy the noise ordinance of the City of Newport Beach. This concludes our report. Please feel free to call with any questions or comments. Sincerely yours, RS Acoustics Inc. Robert Schmidt, Principal Consultant R:\Current Projects\Active Projects\Nesai\Nesai Report.docx PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Thursday, May 08, 2014 11:00 AM To: Burns, Marlene Subject: FW: Fred Babaee Resident Newport Beach Westminster Ave. Here is another comment letter for Item 2 on tonight's Planning Commission agenda. H.44o -oL Novk I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova Cd)new portbeachca. gov www.new oortbeachca. aov Important Announcement - We've Moved! — 100 Civic Center Drive, Newport Beach, CA 92660. From: Fred Babaee [mailto:fred@fbabaee.com] Sent: Thursday, May 08, 2014 10:44 AM To: Nova, Makana Subject: Fred Babaee Resident Newport Beach Westminster Ave. Hello Makana, My name is Fred Babaee, we are neighbor here at Newport Height Newport beach. We just moved here to Newport Beach and welcome any new establishment close to our neighborhood in particular a renovation of Nasai Restaurant on Riverside Ave. Newport Beach. I wish them luck in regards to process and transition this restaurant into a new facility. Kindest regards Fred Babaee PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Thursday, May 08, 2014 11:46 AM To: Burns, Marlene Subject: FW: PA 2013-203 Nesai Restaurant More correspondence received for Item No. 2 on tonight's Planning Commission agenda. Ho&AoLyh NiavoL I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova Cd)new portbeachca. gov www.new oortbeachca. aov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Pete Zehnder [mailto:pete@bettershelter.com] Sent: Thursday, May 08, 2014 11:44 AM To: Hillgren, Bradley; Tucker, Larry; Kramer, Kory; Ameri, Fred; Brown, Tim; Lawler, Ray; Myers, Jay; Nova, Makana Subject: PA 2013-203 Nesai Restaurant May 08, 2014 Dear Honorable Members of the Planning Commission, I am writing on behalf of the local homeowners and residents listed below with reference to the planning application PA 2013-203 for Nesai restaurant. We are very familiar with the applicant, Jeff Hall, and his partners from our experience over the years with his other restaurants and community participation. Most notably, Jeff has significantly helped to transform the downtown Santa Ana historic zone into a vibrant and thriving restaurant and entertainment destination. In addition, they have contributed a very significant amount of money and time into a number of local charities and community improvement projects. We very much support the application to convert the old Nesai restaurant into a new, upscale and relevant fine dining establishment convenient to the Newport Heights neighborhood. Knowing the plans and Jeff's commitment to excellence, everyone in our neighborhood is excited that this will be a much needed, local oriented alternative to the noisy and more tourist focused businesses on Pacific Coast Highway. We also encourage your approval for the outdoor dining service post the 9:00 P.M. hour. It will be very enjoyable for so many with busy schedules to have the opportunity to enjoy a late snack or meal in PA2013-203 a lovely outdoor patio in our great Newport weather. Jeff and his team will be a great addition to the local community. We are excited to have a true "neighborhood" place for "foodies "and friends to gather and enjoy a great meal. Sincerely, Peter and Beth Zehnder 521 Redlands Ave. Newport Beach, Calif. 92663 Tammy & Keith Matsunami 421 Riverside Ave. Newport Beach Ca 92663 Will and Kris Higman 422 Redlands Ave Newport Beach, Ca. 92663 Tracy Rath 441 Redlands Ave Newport Beach Ca 92663 Jenny & Tim Brosnan 412 Signal Road Newport Beach, Ca. 92663 Mr. and Mrs. Al Gels 526 San Bernadino Ave Newport Beach Ca 92663 Tony and Kathy Shaw 124 Tustin Ave. Ste 200, NB, and 204 Tustin Ave. NB, CA 92663 The Robertson Family 519 Aliso Newport Beach, Cal. 92663 Mr. and Mrs. Carl Fuller 537 Redlands Ave NB, Calif. 92663 Glenn & Kristin baker 445 Redlands Ave Newport Beach, CA.92663 ra PA2013-203 Garrett Robertson 419/423 Redlands Ave. Newport Beach, Ca. 92663 Chelsea and Trever Gregory 1301 Kings Road Newport Beach, Calif. Dennis & Leslie Shannon 7 Cape Woodbury Newport Beach, Ca. 92660 Rick & Kendra Lohr 2107 Leeward Ln. Newport Beach, CA 92660 Mr. and Mrs. Joe Flannagan 506 Signal Rd. Newport Beach, Ca. 92660 Dave & Jenn Allen 517 Catalina Dr Newport Beach, Ca 92663 Julie & Matt White 7 Cape Danbury Newport Beach, Ca. 92660 Wendy & Kim Thompson 441 El Modena Ave. Newport Beach CA 92663 Kim & Steve Coyne 2422 Margaret Dr. Newport Beach CA 92663 Julie & Tim Woodall 300 Pirate Road Newport Beach, Ca. 92663 Bridget & Blain Skinner 1315 Sussex Lane Newport Beach Ca 92660 Kim Robertson 1410 Kings Road Newport Beach, Ca. 92663 9 PA2013-203 Paddy & Graham Espley -Jones 2665 Bayshore Dr. Newport Beach, CA 92663. Matt and Rorie Kaplan 511 Tustin Avenue Newport Beach, CA 92663 Kelligrace and Chip Stassel 425 Aliso Ave. Newport Beach. Ca. 92663 Resident 2631 Crestview Dr. Newport Beach, Ca. 92663 PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Thursday, May 08, 2014 12:22 PM To: Burns, Marlene Subject: FW: 217 Riverside. Nesai restaurant.. More correspondence received for Item 2 on tonight's Planning Commission agenda. Makana Nova I ASSISTANT PLANNER Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(cDnewportbeachca.aov www.newportbeachca.gov -----Original Message ----- From: Marilyn Riddle fmailto:riddle. marilyn(J icloud.coml Sent: Thursday, May 08, 2014 12:08 PM To: Nova, Makana Subject: 217 Riverside. Nesai restaurant.. Those proposed open-air drinking hours are unacceptable in my neighborhood. I live at 227 Ocean View. My home is across the street as my home is on the uphill across from the Nesai. The late night commotion will travel uphill. There are times when late- night drinkers gather in the Park on Riverside after they have had their fill. Sometime it feels like Riverside is a speedway, with unconcerned, thoughtless drivers testing the limits. Please reconsider the negative impact of the Nesai proposal. My name is Marilyn Riddle, and my phone # is 949-646-8811. Sent from my iPad PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Thursday, May 08, 2014 12:49 FM To: Burns, Marlene Subject: FW: Former Nesai Restaurant Comments received on Item 2 on tonight's Planning Commission agenda. Ho&4o yoL NovoL I ASSISTANT PLANNER Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova (cbnew portbeachca. gov www.new port beachca. aov From: Ryan Chase [mailto:rchaseuscCa)gmail.coml Sent: Thursday, May 08, 2014 12:34 PM To: Nova, Makana Subject: Former Nesai Restaurant Makana, Wanted to email you in support of the new owners/operators of the former Nesai Restaurant that is going in front of planning commission tonight. As a longtime Newport Beach family and landowner I am in full support of their project and what they bring to the City. My family is also very involved in Downtown Santa Ana and since Jeff Hall's entry into the area his restaurants Chapter One and C4 Deli have been HUGE additions and taken things to the next level operationally and professionally. Not only do they have great food but their contributions to the area and overall community have been hugely impactful. Whether its a charity Bingo night, a Downtown event, or volunteering as the head of the restaurant association and Downtown board, you will not find a better team to welcome to our community. Lastly, as a younger resident of Newport would hope that the City will allow them to stay open to at least midnight on the weekends to provide some alternative options to McDonalds and Taco Bell. Thank you for your consideration. Ryan Chase, Iry Chase, & Allan Fainbarg S & A Properties 129 W. Wilson St. Ste 100 Costa Mesa, CA 92627 949-722-7400 949-722-8855 (Fax) PA2013-203 BURNS, MARLENE From: Jim Mosher <jimmosher@yahoo.com> Sent: Thursday, May 08, 2014 2:19 PM To: Nova, Makana Cc: Burns, Marlene Subject: Comments on Nesai Restaurant - (PA2013-203) -- PC Agenda Item 2 Makana, I found your staff report for tonight's Planning Commission hearing on Agenda Item 2 (PA2013-203)generally excellent and very thorough. I would like to offer these minor suggestions: 1. In Condition 15 (handwritten page 26), regarding the hours when exterior doors and windows can be open, the word "shall" missing. I would also suggest including a clearly stated starting hour as well as an ending hour. For example: "The exterior windows and doors of the facility SHALL be closed BETWEEN 10:00 p.m. and 10:00 a.m." (or whatever opening time is appropriate) 2. Likewise in Condition 12, the closing hour for the outdoor patio is clear, but the permissible starting hour is not. Should an opening hour for the outdoor patio be specified? If it is, it was not clear to me from the other conditions. 3. Finally, on handwritten page 27 there is a Condition "65" and "66" inserted between "21" and "22." This may be confusing since there are different Conditions 65 & 66 on handwritten page 32. 4. Also, is a Coastal Development Permit (or waiver) required for this type of commercial remodeling in the Coastal Zone? I see the need for CCC approval was mentioned in the 1989 Use Permit (handwritten page 48, Condition 13). Yours sincerely, Jim Mosher PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Thursday, May 08, 2014 2:34 PM To: Burns, Marlene Subject: FW: NESAI RESTAURANT -- CONDITIONAL USE PERMIT Here is some more correspondence received for Item 2 on tonight's Planning Commission agenda. HoLi4o -oL Novk I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova Cd)new portbeachca. gov www.new oortbeachca. aov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Cazzb030@aol.com rmailto:Cazzbo30@)aol.coml Sent: Thursday, May 08, 2014 2:13 PM To: Nova, Makana Subject: NESAI RESTAURANT -- CONDITIONAL USE PERMIT May 7, 2014 Dear Ms. Nova: We have lived across from Cliff Drive Park for 42 years. Nesai Restaurant is located on the apron of Cliff Drive Park. To allow the new operators of Nesai Restaurant to do business, including alcohol service until 12 midnight Monday thru Thursday; 1 AM Friday and Saturday and 12 midnight Sunday is ASKING for disturbances. This is not the first time that (very possible) peace and tranquility will invade the Newport Heights Neighborhood. I cannot count the times we have been awakened in the wee hours of the morning by loud party disturbances coming from the Rusty Pelican and neighboring restaurants and bars. The Nesai Restaurant is located much closer....... right under our noses, as matter of fact. And, as you know, they are requesting that the patio service be expanded, which will allow MORE NOISE to invade this residental neighborhood. I welcome progress. Nesai Restaurant has been a good quiet neighbor for a number of years. But in all fairness, would you like a loud party induced bar operating until 1 AM within 100 yards or less of your home? I understand the sale of alcohol is where the profit of a restaurant/bar is derived. Nesai had such a license, but was primarily a restaurant that offered alcohol services and closed at 10:30 PM. Nesai was not an attraction to drinking parties. We never once had a disturbance from there. Employee and customer parking and traffic through our neighborhood are additional issues that cannot be ignored. These concerns are real. Thank you for anticipated support from our city. Corinne Spence 2910 Cliff Drive Newport Beach, CA 92663 PA2013-203 PA2013-203 BURNS, MARLGNE From: Nova, Makana Sent: Thursday, May 08, 2014 2:47 PM To: Burns, Marlene Subject: FW: Nesai Restaurant Hours Correspondence received for Item 2 on tonight's agenda. H44.44.o. Nov.4 I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(b)new portbeachca. aov www.newportbeachca.gov Important Announcement - We've Moved! — 100 Civic Center Drive, Newport Beach, CA 92660. From: Bruce & Kathe Choate [maiIto: choateoncliff@gmail.coml Sent: Thursday, May 08, 2014 2:43 PM To: Nova, Makana Cc: Bruce Choate; 'Dorothy' Subject: Nesai Restaurant Hours Dear Ms. Nova, I am writing to let you know that my husband and I are very opposed to late hours at the Nesai Restaurant which is under new ownership. We live at 2924 Cliff Drive, in a very quiet and peaceful neighborhood and we prefer to keep it that way. We overlook a park which has stairs down to the street below which is where the restaurant is located. We fear that valets will park patron's cars on the street in front of our house as it is convenient to do so with the access of the stairs. Also, the noise in general of a business closing down at that hour is unacceptable. My husband is up at 5:30 am each day for a long commute to work and being awakened after 10 pm would be a hardship for us. People who have been drinking late are usually very noisy and since they do not live in our neighborhood, I'm sure that they would not care how much noise they make. What would be next with the late hours? Music? Absolutely not. I understand that there is a meeting tonight regarding the hours for the restaurant. I would appreciate it if you would have this email available at the hearing as I cannot be there this evening myself. I want to make sure that our voice is heard, loudly. Please keep me informed of future developments on this particular subject. I think you will find that the neighbors in Newport Heights and the surrounding area will be 100% against extended hours. After all this is a RESIDENTIAL NEIGHBORHOOD not restaurant row. Thank you. Kathe Choate PA2013-203 BURNS, MARLENE From: Nova, Makana Sent: Thursday, May 08, 2014 2:54 PM To: Burns, Marlene Subject: FW: Nesai Restaurant A comment for Item 2 on tonight's Planning Commission agenda. H44.44-%A Nov.4 I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(b)new portbeachca. aov www.newportbeachca.gov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Benavides, David fmailto:DBenavides@santa-ana.orgl Sent: Thursday, May 08, 2014 2:50 PM To: Nova, Makana Cc: ,; ii@chapteronetml.com Subject: Nesai Restaurant Makana Nova, The purpose of this correspondence is to serve as a reference for Jeff Hall and Jeff Jensen, new operators of Newport Beach 's Nesai Restaurant. Mr. Hall and Mr. Jensen opened, own and operate two restaurants in Downtown Santa Ana (Chapter One and C4:De1i) . They have been restaurateurs in our city for several years. I have been more than impressed with their professionalism, responsible operation of their restaurants and contributions to our community. They have been great partners both with the City and with other area business owners in collaborating to continuously improve our Downtown Business District. This team of partners have opened up their restaurants to support various fundraisers for multiple community non -profits. They serve in the leadership for both the Downtown Santa Ana Restaurant Association and Business Improvement District association. I am sure that they will be an asset to your city's business community. This is the first time that I write such a reference for a Santa Ana business owner, however, given their stellar track record I was compelled to do so. Regards, P. David Benavides Councilman, City of Santa Ana dbenavides@santa-ana.org 714.647.6900 PA2013-203 BURNS, A&ARLENE From: Nova, Makana Sent: Friday, May 09, 2014 8:46 AM To: Burns, Marlene Subject: FW: Nesai Restaurant Comments received on Item 2 of the Planning Commission agenda for May 8tn H44.444,oL Nay.4 I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(b)new portbeachca. aov www.newportbeachca.gov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Phil Bacerra fmaiIto: philbacerra@gmail.coml Sent: Thursday, May 08, 2014 3:53 PM To: Nova, Makana Subject: RE: Nesai Restaurant Ms. Nova, I enthusiastically support Jeff Hall and Jeff Jensen in their latest culinary endeavor. My only concern is that this endeavor is in Newport Beach and not in Santa Ana. As a Planning Commissioner in the City of Santa Ana, I, along with my six colleagues, make land use decisions that we believe will most benefit our city. Our city has granted two conditional use permits to Mr. Hall and Mr. Jensen and I could not be more happier with their businesses' performance. Nesai Restaurant will be an excellent addition to Newport Beach. Sincerely, Phil Bacerra Planning Commissioner City of Santa Ana PA2013-203 BURNS, MARLGNE From: Nova, Makana Sent: Friday, May 09, 2014 8:47 AM To: Burns, Marlene Subject: FW: Nesai Supporter Comments received for Item 2 on the May 8t" Planning Commission agenda. MA4.44- s Nov.4 I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(b)new portbeachca. aov www.newportbeachca.gov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Sara D'Elia fmailto:sdelia@remmgroup.coml Sent: Thursday, May 08, 2014 4:15 PM To: Nova, Makana Subject: Nesai Supporter Hello Mr. Nova, I live at 510 Riverside Avenue and would like to voice my strong recommendation in favor of the new ownership of Nesai and their proposed restaurant. The community is in need of a professionally managed facility and everyone will benefit. My family and I are looking forward to the restaurant along with others throughout the Heights. We strongly urge you to look into the operating group, I am familiar with the new operators and their current restaurants and I feel that it will be a welcomed and valuable addition to the area. It will be nice to have a high quality restaurant adjacent the neighborhood. If they choose to serve food past 11:00, they will do so with the understanding of their neighborhood and neighbors. My fellow neighbors and I are in FULL support! Thank you for your support. Sincerely, Sara D'Elia Chief Executive Officer The REMM Group 505 South Villa Real, Suite 201 Anaheim, CA 92807 P. 714.974.1010 x 2131 F. 714.974.2191 sdelia(a)remmgroup.com I www.remmgroup.com PA2013-203 BURNS, A&ARLENE From: Nova, Makana Sent: Friday, May 09, 2014 8:47 AM To: Burns, Marlene Subject: FW: please keep nesai location hours lights out at eleven pm Comments received for Item 2 on the May 81h Planning Commission agenda. He.444,4 NovA I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova@newportbeachca.gov www.new oortbeachca. aov Important Announcement - We've Moved! -100 Civic Center Drive, Newport Beach, CA 92660. From: vicki ronaldson [mailto:v.ronaldson@gmail.com] Sent: Thursday, May 08, 2014 4:44 PM To: Nova, Makana Subject: please keep nesai location hours lights out at eleven pm dear ms nova the heights is a great little neighborhood sitting above pch and many late night establishments. as there seems to be a transition with the properties on riverside, we respectfully request that whatever replaces nesai be held to historic 11 P curfew. thanks for considering our point of view. vicki and don ronaldson 506 san bernardino ave n b ca 92663 vicki 949-933-2332c 1 PA2013-203 BURNS, MARLGNE From: Nova, Makana Sent: Friday, May 09, 2014 8:48 AM To: Burns, Marlene Subject: FW: Jeff Hall - Newport Beach Project Comments received on Item 2 of the Planning Commission agenda. H44.44.oi. Nov.4 I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(b)new portbeachca. aov www.newportbeachca.gov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: James Gartner [mailto:jg@jgartner.com] Sent: Thursday, May 08, 2014 3:57 PM To: Nova, Makana Subject: Jeff Hall - Newport Beach Project Dear Ms. Nova, My name is Jim Gartner and I am a long time resident of Santa Ana, a local Architect here for 27 years, and a Planning Commissioner for the past eight years. I have witnessed the City of Santa Ana come a long way since moving here in 1986. The downtown was not a place I would ever consider spending any time in until recently. Two of the pioneers that led the rejuvenation of Downtown Santa Ana are Jeff Hall and Jeff Jensen. Mr. Hall and Mr. Jensen took a big chance on locating in Santa Ana, as did the owner of the building they are in. They have two fantastic restaurants downtown that have become icons in our city. People from all over Orange County now rave about Downtown Santa Ana. This is something I thought would never happen in my lifetime. It is my understanding that Jeff and Jeff are proposing a new project in Newport Beach. I would urge your support of their venture. These two gentleman are pillars of the community and simply first class people. They will do what they say, and stand behind it all the way. I wish them the best of luck with their project. Best Regards, Jim Gartner James R. Gartner, AIA I president I James Gartner & Associates Architects, Inc. 2036 N. Broadway I Santa Ana I California 192706 p 714.560.9210 x 102 1 c 714.349.2050 1 www.jgartner.com Planning Commission Public Hearing Conditional Use Permit No. UP2013-021(PA2013-203) May 8, 2014 PA2013-203 Nesai Restaurant Conditional Use Permit No. UP2013-021 (PA2013-203) Remodel the existing restaurant Existing Type 47 (On -Sale General) Alcoholic Beverage Control license. 215 Riverside Avenue Mariner's Mile (Mariner's Village) 07/13/2012 Community Development Department - Planning Division 2 PA2013-203 Project Request I ®R Restaurant remodel New outdoor dining patio Extend hours of operation A parking management program Off -site parking at 266o Avon Street Annual employee parking passes for use in the City municipal parking lot (Mariners Mile Lot) Valet parking. 07/13/2012 Community Development Department - Planning Division 3 PA2013-203 263o Avon St. Off -Site Lot dwl�cl 266o Avon St. ' Off -Site Lot 07/13/2012 Community Development Department - Planning Division 4 PA2013-203 07/13/2012 z 3JiTiTitTiTfli Community Development Department - Planning Division 5 Site Photographs ' 'PYNOUR& EARLYD//y R 5: 0.7:OQ 4 � is i Site Photographs tip,_ �� , ;�, Oil I r PA2013-203 iaricnrount Use Permit for the restaurant was originally approved in 1973. Amendments in 1975, 1983 and 1989. AType 47 ABC license has been issued for this property since 1986. Daytime hours are allowed for a portion of the restaurant (764 sq ft of net public area). All restaurant parking is waived from ZZ:oo a.m. to 5:00 P.M. 15 parking spaces are waived during the evening hours. 07/13/2012 Community Development Department - Planning Division PA2013-203 r {. ■O.IEwS I 07/13/2012 AT DM EWIL' K47C iEN foNTN6) ill7CHEN NEW KJTNEN 'CUSS RMTIW.) —NEW POI04EN ACCM DOORS CsEkm 9ELCW Eb�s�7nL�iwpcx�E.ym�,�sN ErapoF Co�ER I • • � — EEEI ,w. I ® II • • • ---- FIta nr. HAL v4ks- F. /27 Main Patio 1`k. - �=�a Chefs Patio f 602 sq ft r� ---- 388 sq ft PA r i 30 seats ®I ENTRY 22 seats o * � `x fplplENgg7a7AJJTE[[hONVTK-ATPATH CIF 1RAlQ� Community Development Department - Planning Division 9 PA2013-203 Mon -Thu Friday Saturday Sunday of Onpratic Miologed gAM 1oAM iiAM 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM gPM 1oPM 11 PM 12AM 1AM 2AM 9AM-5PM 5PM-10PIVl 11AM-5PM 5PM-10:30PM 5PM-12AM 9AM-5PM 5PM-11PM 11AM-5PM &a= :30PM 5PM-1AM AM-11PM 10 -10: op M 1oAM-1AM oPM 1oAM-10:30PM 1oAM-12AM ■ Office Restaurant Patio Chef's Dining Room Chef's Dining Patio 07/13/2012 Community Development Department - Planning Division 10 Exterior Elevation PA2013-203 PA2013-203 A =,VFoM Fl i] CM :F.77!IiiTi 266o Avon St 6 self -park N 3.2 valet ff 263oAvon St 07/13/2012 Community Development Department - Planning Division 13 PA2013-203 Ah T Ah O . Oma$ j rr r� f1 i F'r � 5I Nr MOULTR P FINISIT ARDWARF Community Development Department - Planning Division 4- 14 PA2013-203 266o Avon Street PRUPERTY LINE * 1 3.W r--- --— --— — - — - — —- — -— --- I � ST4AAGE ! 4 I5r I I 2660AVON STREET BUILDING FOOTPRINT Q Off -site LU Parking 6spaces add a d- al � I I —.—.—.—.—.—.—.1.—.PROPTER fYLINEs123.00'—.—.—.-----.—. 07/13/2012 Community Development Department - Planning Division 15 PA2013-203 07/13/2012 Ah T dft 0 PROPERTY LINE I � sroRA� I AMMO. 2660 AVON STREET s Off -site valet BuuniNGFOOTPRINT m 41 Parking W 3.2spaces LU w a a VE1ry 9 PPP I Fx'JFT I I --MRTILINEs123.0U •—.— .—.—.— .—.—. Community Development Department - Planning Division 16 PA2013-203 Total Net Public Area Parked 1,877 Total Code Requirement (1/40 sq ft) 47 Additional Spaces Required 16 On -Site Spaces Waived Under UP1677 15 Remaining Spaces Required 16 SEW PoR� Code Required Parking C9Cl FO SiN�4 07/13/2012 Community Development Department - Planning Division 17 263o Avon Street MEEPW Mx� LE PET CLINIC lYli�l��IT y�NN++RS �',,((�T1-+ 2630 s Avon 31 tiR"KN a PA2013-203 F -1 of LAN= .2f.I CKD v ` - r Off -site° Parking 12 self -park V ---- W m m- larza 07/13/2012 Community Development Department - Planning Division 19 PA2013-203 EN U Fo � IXI5i143 PLAMTNG k On -site Parking a 4 16 spaces EASING PAii k,0 LOT � } 10 RE STRIPED _ LS FIE rhN ONRECORD � EXISTING PLANTING y 4_ 1-7 YY PARKINGLOT 70 BE fIESTRIPED TO 1 � 514E'L4ON IIEC7RIP EXISTM DRIVEMY I7 l ; , rrnc i mua¢2 Street,. g� ENTFY� S Parking ..<a s lospaces , ALAS (FARE FOOTAGE: 16.497 SQUARE FEET / r )Y1 FAR- - (0.5 x LQT AREA - 1 E.497 x a9 a.2m $QuARE FEET 1G AkFAL FIRST FLMA {�MUFf4TJTJ 2.9109Ci FT- ?VIMI1 FL{M7R fOFME1 P.R.'!, .M. FT. f 07/13/2012 Community Development Department - Planning Division 20 PA2013-203 Of '.=Site Parking Available Strategy Self -Parking Valet Parking Off-Site-2660 Avon Street 6 12 Employee Annual Parking Passes 10 10 TOTAL OFF -SITE SPACES AVAILABLE 16 22 Off -Site Parking Requirement 16 16 Surplus Parking Available 0 6 PA2013-203 Summary of Proposed Restaurant Day Evening • 764 sq ft, Monday -Friday, 2,173 sq ft • 2,173 sq ft, Saturday and Sunday Net public area • 341 Monday -Friday 107 Seats • 107, Saturday and Sunday Hours • 11:00 a.m. to 5:00 p.m., • 5:00 p.m. to 12:00 a.m., Sunday through Monday -Friday Thursday • 10:00 a.m. to 5:00 p.m., • 5:00 p.m. to 1:00 a.m., Friday and Saturday and Sunday Saturday • Patio -closed by 10:30 p.m., daily Code Required • 20, Monday -Friday 47 Parking • 47 ,Saturday and Sunday Parking Waived 20 15 PA2013-203 The project is categorically exempt under Section 15301, of the California Environmental QualityAct (CEQA) Guidelines - Class 1(Existing Facilities). The proposed project involves the minor alteration of an existing structure. The additional area associated with the outdoor dining patio consists of 990 square feet, which is well within the thresholds identified in CEQA Guidelines Section 15301. 07/13/2012 Community Development Department - Planning Division 23 PA2013-203 N�e :j "iTi Vol dTiTi1/! Ab 'I Staff recommends approval of the application with a closure of the outdoor dining patio at Zo:oo p.m. Alternatively, Planning Commission may consider approving reduced hours of operation or requiring additional parking. Alternatively, Planning Commission may deny the applicant's request and the restaurant must comply with the UP1677 as last amended (no patio and no hours past zlpm). 07/13/2012 Community Development Department - Planning Division 24 PA2013-203 'I f� K U , If final action is taken, appeal period expires Wednesday, May zz, 2014. If approved and no appeal is filed, proceed to final design, permitting and construction. 07/13/2012 Community Development Department - Planning Division 25 For more information contact: Makana Nova 949-644-3249 rn nova@ newportbeachca.gov www.newportbeachca.gov PA2013-203 Timothy M. Davey 2907 Cliff Drive Newport Beach, CA 92663 949-422-5315 May 8, 2014 Newport Beach Planning Commission Chairman Hillgren 100 Civic Center Dr. Newport Beach, CA 92660 Dear Chairman Hillgren and Planning Commission Members, COMMUNITY MAY 4 9 2014 DEVELOPMENT �c OP NE�wpov"` My name is Tim Davey and I live at 2907 Cliff Drive, about 100 yards above Nesai Restaurant. I'm generally in support of Nesai as a business but I'm vehemently opposed to certain aspects of the proposed CUP. The largest issue is the extension of operating hours, particularly the weekend hours. This establishment will now attract a young crowd looking for the last bar open, and all that comes with that. The noise from the PCH establishments which close late (especially in the summer) is already area) nuisance, and this situation would be significantly worse. Riverside Avnue will undoubtedly be used for parking and we will have the late night stragglers hanging around the park area. In my view, this is simply an issue of compatible uses, and I don't believe this change will result in any such compatibility. Granting of this CUP will result -in -diminution of our property values and our quality of life in general strongly urge you to vote against the CUP as drafted. Sincerely, Timothy M. Davey