HomeMy WebLinkAbout20191205_PC_Staff Report
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
December 5, 2019
Agenda Item No. 3
SUBJECT: Malibu Farm Restaurant Expansion (PA2019-057)
Minor Use Permit No. UP2019-022
SITE LOCATION: 3416, 3420, and 3424 Via Oporto
APPLICANT: Malibu Farm
OWNER: Lido Group Retail, LLC
PLANNER: Liz Westmoreland, Assistant Planner
949-644-3234, lwestmoreland@newportbeachca.gov
PROJECT SUMMARY
A minor use permit to expand an existing food service, eating and drinking establishment
with a Type 47 (On-Sale General for Bona Fide Public Eating Place) Alcoholic Beverage
Control (ABC) license. The existing restaurant is located at 3420 Via Oporto and includes
indoor and outdoor dining areas. The restaurant also operates an existing 624-square-
foot, take-out only ice cream and coffee shop located at 3416 Via Oporto. The proposed
expansion would convert the existing Malibu Farm retail store at 3424 Via Oporto into
additional restaurant space. In total, the restaurant would be 3,558 gross square feet of
indoor space, 998 gross square feet of outdoor space, and have 2,722 square feet of net
public area (NPA). No late hours (after 11 p.m.) are proposed.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
3) Adopt Resolution No. PC2019-038 approving Minor Use Permit No. UP2019-022
(Attachment No. PC 1) and rescinding Use Permit No UP2017-026.
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE MU-W2 (Mixed-Use
Water 2)
MU-W2 (Mixed-Use
Water)
Malibu Farm restaurant and retail
store
NORTH MU-W2 MU-W2 Commercial uses, bookstore
SOUTH MU-W2 MU-W2 Commercial uses, florist
EAST MU-W 1 (Mixed-Use
Water 1)
MU-W 1 (Mixed-Use
Water) Commercial uses
WEST MU-W2 MU-W2 Commercial uses, retail
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INTRODUCTION
Project Setting
The existing restaurant and expansion area are located on the east side of Via Oporto
within Lido Marina Village. Lido Marina Village is a commercial development that includes
a mix of retail, service, office, and restaurant uses. The existing restaurant operates within
the suite at 3420 Via Oporto, and the take-out service ice cream and coffee shop operates
out of a separate suite at 3416 Via Oporto. The existing Malibu Farm retail store, which
is proposed to be converted into additional restaurant dining area, is located at 3424 Via
Oporto. Parking is provided in a nearby parking structure located at 3434 Via Lido.
Project Description
The proposed project is a minor use permit to expand an existing 3,037-square-foot (gross)
food service, eating and drinking establishment with a Type 47 (On-Sale General) Alcoholic
Beverage Control (ABC) license (beer, wine, and distilled spirits). The existing establishment
includes 1,126 square feet of interior net public area with 64 seats, an 866-square-foot
outdoor dining area with 37 seats, and a 624-square-foot take-out only ice cream shop. The
proposed expansion would convert the existing Malibu Farm retail store at 3424 Via Oporto
to create an indoor dining area with 32 seats and 598 square feet of net public area. The
applicant is also requesting the approval of a secondary outdoor dining area in conjunction
with the proposed restaurant expansion at this address. The additional outdoor dining would
include 132 square feet of net public area and 8 seats. However, staff does not recommend
approval of this component, as discussed in the Outdoor Dining section of this report.
Existing and proposed hours of operation are Monday through Thursday, 9 a.m. to 10 p.m.
and Friday through Sunday, 9 a.m. to 11 p.m. The proposed operation is further described
in the applicant’s project description (Attachment No. PC 3) and shown in the submitted
plans (Attachment No. PC 5). These proposed hours are consistent with existing operations.
There are no late hours (after 11 p.m.), live entertainment, or dancing proposed as a part of
this application.
Background
The existing restaurant space has been utilized for food service uses since 1979. On
December 7, 2017, the Planning Commission authorized a minor use permit for the
operation of the Malibu Farm Restaurant with a Type 47 (On-Sale General) Alcoholic
Beverage Control (ABC) license. The approval also included a take-out service only ice
cream/coffee shop. No late hours, dancing, or live entertainment were proposed or
authorized.
On December 18, 2014, the Planning Commission approved Conditional Use Permit No.
UP2014-014 (PA2014-002), authorizing a comprehensive Parking Management Program
for Lido Marina Village. The Parking Management Program applies to approximately
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112,029 square feet of commercial floor area under the common ownership of DJM
Capital Partners, including several restaurants.
On January 23, 2018, the City Council approved an amended Conditional Use Permit
(UP2017-019) authorizing changes to the Parking Management Plan including modifying
the off-site parking shuttle, relocation of employee parking, parking pricing adjustments,
valet plan changes, and the addition of valet parking at an additional off -site location (3700
Newport Boulevard) after 7:00 pm.
Retail uses in Lido Marina Village are almost completely occupied, with only one tenant
space available for food service.
DISCUSSION
General Plan/Coastal Land Use Plan/Zoning Code
The Land Use Element of the General Plan, Coastal Land Use Plan (CLUP), and Zoning
Code designate the properties within Lido Marina Village as Mixed -Use Water and Mixed-
Use Water 2 (MU-W2 and MU-W per CLUP). Permitted uses include commercial
development on or near the bay in a manner that will encourage the continuation of
coastal-dependent and coastal-related uses, maintain the marine theme and character,
encourage mutually supportive businesses, encourage visitor-serving and recreational
uses, and encourage physical and visual access to the bay on waterfront commercial and
industrial building sites on or near the bay. The project would allow for continued use of
the existing restaurant and expansion of the dining area into the adjacent retail store, while
maintaining the character of the district. A restaurant with no late hours is consistent with
the land use designation and zoning district with the approval of a minor use permit.
Parking
Conditional Use Permit No. UP2014-014 established square footage limitations on eating
and drinking uses within Lido Marina Village to ensure the adequacy of parking resources.
The proposed expansion of the restaurant1 in conjunction with all the existing restaurant
uses will total 15,848 square feet of net public area (NPA), in compliance with the
maximum allowable 15,964 square feet allocated for eating and drinking establishments
(combined indoor and outdoor NPA). Therefore, approximately 116 square feet of NPA
remains unused. Conditional Use Permit No. UP2017-019 authorized changes to the
Parking Management Plan (and superseded the prior UP), including additional off-site
patron parking and changes to the off -site employee parking shuttle service. The
approved Parking Management Plan requires off-site parking with shuttle service during
1Although staff’s recommendation is to remove the secondary outdoor patio, this calculation includes the
secondary outdoor patio to be conservative. If the secondary patio is removed from the plans, then an
additional 132 square feet of net public area would remain available for other tenant spaces to use for
food service.
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peak occupancy periods from 4:00 p.m. through 10:00 p.m., Friday and Saturday, and
during other periods that generate parking demands where occupancy within the parking
structure is expected to exceed 85 percent. Off-site valet service is also available for
customers at 3700 Newport Boulevard after 7:00 p.m. Therefore, sufficient parking is
provided with the implementation of the Parking Management Plan approved with
UP2014-014 and amended under UP2017-019, provided restaurant uses do not exceed
the NPA limitation.
Outdoor Dining
The existing outdoor dining patio hours (Monday through Thursday, 9 a.m. to 10 p.m.,
and Friday through Sunday, 9 a.m. to 11 p.m.) are compatible with the goals established
for Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes
the need for “a pedestrian-oriented village environment that reflects its waterfront location,
providing a mix of uses that serves visitors and local residents.” The existing outdoor
dining patios have provided an additional amenity for coastal visitors to enjoy the harbor
frontage. The existing patio is 866 square feet with 37 seats. The 6-foot pedestrian
easement along the harbor frontage will remain unobstructed.
The applicant is also proposing a secondary outdoor dining patio adjacent to the new
suite (3424 Via Oporto). Conditional Use Permit No. UP2017-019 discussed in the
Parking section of this report included conditions related to the public boardwalk along
the water. Pursuant to Condition of Approval No. 19: “Adequate public access along the
entire waterfront (3400-3450 Via Lido) shall be provided and maintained consistent with
the Coastal Land Use Plan policies. The walkway shall be a minimum of six (6) feet in
width but preferably ten (10) feet wide or more .”
Staff conducted site visits and determined that the installation of another outdoor dining
patio in this area could impede public access along the boardwalk. As shown in
Attachment No. PC 4 (Photographs), the existing patio combined with the dock railing
create a “bottleneck” or “pinch point” that appears to block off the boardwalk. It is
important that pedestrian walkways include areas that are wider than 6 feet to
accommodate strollers and mobility equipment, and to allow pedestrians to pass each
other more freely. The existing restaurant has an 866-square-foot outdoor dining patio to
serve guests, which is comparable in size with other restaurant uses in Lido Marina
Village. While expanded outdoor dining along the waterfront is typically encouraged, staff
feels that the public’s walkway shouldn’t be pinched. Therefore, staff has included a
condition of approval in the draft resolution to remove the proposed secondary outdoor
dining area from the plans and to maintain a 10-foot clear walkway in front of the 3424
Via Oporto portion of the expanded restaurant.
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Alcohol Sales Finding
The applicant has requested to expand the existing alcohol service (Type 47 ABC license)
to the new suite at 3424 Via Oporto.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal
Code, the Planning Commission must find that:
1. The use is consistent with the purpose and intent of Subsection 20.48.030 (Alcohol
Sales) of the Municipal Code.
The purpose and intent of Subsection 20.48.030 (Alcohol Sales) of the Zoning Code is to
maintain a healthy environment for residents and businesses by establishing a set of
consistent standards for the safe operation of alcohol establishments. The project has
been reviewed and conditioned to ensure that the purpose and intent of this section is
maintained and that a healthy environment for residents and businesses is preserved.
Alcohol service will be provided for the convenience of customers of the restaurant.
The Police Department has prepared an Alcohol Related Statistics report for the project
site (Attachment No. PC 5). The data from the Alcohol Related Statistics Report is
incorporated into the factors for consideration in the Resolution for Approval (Attachment
No. PC 1). The existing restaurant has not been detrimental nor has it created a nuisance
to the community. Operational conditions of approval recommended by the Police
Department relative to the sale of alcoholic beverages will ensure compatibility with the
surrounding uses and minimize alcohol-related impacts.
Minor Use Permit Findings
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits),
the Planning Commission must also make the following findings for approval of a minor
use permit:
1. The use is consistent with the General Plan and any applicable Specific Plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and Municipal Code;
3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity;
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
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5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
If the secondary outdoor dining area adjacent to 3424 Via Oporto is removed from the
plans, staff believes sufficient facts exist in support of each finding. Staff also believes
these findings can be supported should the Planning Commission choose to allow the
requested patio expansion. The operation is defined as a food service use and is
consistent with the purpose and intent of MU-W2 (Mixed-Use Water Related) General
Plan land use designation and Zoning District. The MU-W2 designation applies to
waterfront properties in which marine-related uses may be intermixed with general
commercial, visitor-serving commercial and residential dwelling units on the upper floors.
Food service uses are common in this area and are complementary to the surrounding
commercial uses through compliance with the proposed conditions of approval.
Alternatives
1. The Planning Commission may suggest specific project modification or operational
changes that are necessary to alleviate concerns. If the changes are substantial,
the item should be continued to a future meeting to allow redesign of the project.
2. If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission should deny the application
request (Attachment No. PC 2).
Environmental Review
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment. The Class 1 exemption includes the operation, repair, mai ntenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The proposed project involves the interior alt eration of an existing
commercial building. Therefore, the project qualifies for a categorical exemption under
Class 1.
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Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways) including the applicant and posted on the subject property at least 10 days
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: Submitted by:
______________________________
Liz Westmoreland, Assistant Planner
______________________________
Jim Campbell, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Applicant’s Project Description
PC 4 Photographs
PC 5 Police Department Memorandum
PC 6 Project Plans
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Attachment No. PC 1
Draft Resolution with Findings and
Conditions
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RESOLUTION NO. PC2019-038
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE
PERMIT NO. UP2019-022 TO EXPAND AN EXISTING FOOD
SERVICE, EATING AND DRINKING ESTABLISHMENT WITH A
TYPE 47 (ON-SALE GENERAL FOR BONA FIDE PUBLIC EATING
PLACE) ALCHOLIC BEVERAGE CONTROL (ABC) LICENSE
AND OUTDOOR DINING WITH NO LATE HOURS LOCATED AT
3416, 3420, AND 3424 VIA OPORTO (PA2019-057)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Malibu Farm Lido (“Applicant”), with respect to property located
at 3416, 3420, and 3424 Via Oporto, and legally described as Parcel 1 of Parcel Map 59-
17 (”Property”), requesting approval of a minor use permit.
2. The Applicant seeks a minor use permit to expand an existing food service, eating and
drinking establishment with a Type 47 (On-Sale General for Bona Fide Public Eating Place)
Alcoholic Beverage Control (“ABC”) license (“Project”). The existing restaurant is located
at 3420 Via Oporto and includes indoor and outdoor areas. The restaurant also operates
an existing 624-square-foot, take-out only ice cream and coffee shop located at 3416 Via
Oporto. The proposed expansion would convert the existing Malibu Farm retail store at
3424 Via Oporto into additional restaurant space. In total, the restaurant will include 3,558
gross square feet of indoor space, 998 gross square feet of outdoor space, and 2,722
square feet of net public area (NPA). No late hours (after 11 p.m.) are proposed.
3. The Property is located within the Mixed Use Water Related (MU-W2) Zoning District and
the General Plan Land Use Element category is Mixed Use Water Related (MU-W2).
4. The Property is located within the Coastal Zone. The Coastal Land Use Plan category is
Mixed Use Water Related (MU-W) and it is located within the Mixed Use Water Related
(MU-W2) Coastal Zoning District. The Project is exempt from coastal development
permitting requirements because there is no increase in floor area or building height
proposed. New restaurant uses and conversions (as well as the associated parking
requirements) were authorized under Conditional Use Permit No. UP2017-019, which
included a parking management plan for Lido Marina Village. Thus, there would be no
intensification of use.
5. A public hearing was held on December 5, 2019 in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the
public hearing was given in accordance with the California Government Code Section
54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 of the Newport Beach
Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of public or private structure, facilities,
mechanical equipment, or topographical features, involving negligible or no expan sion of
use. The Project involves the interior alteration of and existing commercial building and
operation of a restaurant.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030(C)(3) of the NBMC (Alcohol Sales, Permit
Requirements) and Section 20.52.020(F) of the NBMC (Conditional Use Permits and Minor
Use Permits, Findings and Decision), the following findings and facts in support of such findings
are set forth:
Finding
A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding
In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following
criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
1. The Property is located in Reporting District 15 (RD 15). The Part One Crimes (Part One
Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report –
homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and
arson) crime rate in RD 15 was 706 crimes reported in 2018, which is higher than
adjacent reporting districts RD 11, RD 13, and RD 16 and the Citywide average. The
higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the
high concentration of restaurants, and the high ratio of non-residential to residential
uses. While the area does have a high concentration of alcohol licenses, the findings
can be made despite higher concentrations of crimes and Lido Marina Village was
designed to accommodate restaurants. The service of alcoholic beverages would
provide additional menu options for customers and would enhance the economic
viability of the business.
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2. The Police Department has reviewed the Project, provided operating conditions of
approval, and has no objection to the expansion of the Type 47 alcoholic beverage
license subject to appropriate conditions of approval. The operation of the establishment
includes the approved floor plan and a closing hour of 11 p.m.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. The total number of alcohol-related calls for service, crimes, or arrests in RD 15 is
higher than RD 11, RD 13 and 16. There were five (5) dispatch events for the Property
in 2018. Only one (1) was clearly related to the business wherein guests refused to
leave the establishment and management asked for police assistance. The Police
Department has reviewed the Project and has no objection.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The Property is located in a mixed-use district where residential development is
permitted above the first floor. However, Lido Marina Village does not include any
residential development and there are no current plans to add residential use to the
shopping area.
2. The nearest place of recreation, the beach, is located approximately one half (0.5)
mile to the west. The nearest church, St. James Episcopal Church, is located
approximately 500 feet to the south of the Property along Via Lido, and substantially
separated from the Property by commercial properties and the Lido Villas
development. The nearest school, Newport Elementary School, is located
approximately one (1) mile to the southeast along West Balboa Boulevard. The
Property is not located in close proximity to a daycare center. The Project is
otherwise surrounded by other commercial retail and office uses. The existing
restaurant has been in operation for more than one (1) year and has not created
nuisances to neighboring uses.
3. The Balboa Peninsula is generally characterized by a high number of visitors, in
which commercial and residential zoning districts are located in close proximity to
one another. This location in Lido Marina Village has greater distance from sensitive
land uses than other commercial areas.
4. Eating and drinking establishments with alcohol service are common in Lido Marina
Village and the expansion of the existing ABC license in conjunction with an early
closing hour is not anticipated to alter the operational characteristics of the us e such
that it becomes detrimental to the area. The draft resolution includes conditions of
approval to further minimize negative impacts to surrounding land uses and ensure
that the use remains compatible with the surrounding community.
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iv. The proximity to other establishments selling alcoholic beverages for either off -site or on-
site consumption.
1. The Lido Marina Village was designed to accommodate multiple restaurants and the
expanded restaurant is expected to be located in close proximity to other food s ervice
establishments. This includes Nobu, a food service with late hours, outdoor dining, and
a Type 47 (On Sale General) ABC license located at 3450 Via Oporto; Circle Hook, a
food service with outdoor dining, a Type 41 (On Sale Beer and Wine) ABC license and
no late hours located at 3432 Via Oporto; and Lido Bottle Works, a food service with late
hours, outdoor dinner, a Type 41 ABC license, and a Type 20 (Off Sale Beer and Wine)
ABC license. The RD 15 statistics indicate an overconcentration of ABC licenses within
this statistical area.
2. The per capita ratio of one (1) license for every 64 residents is higher than the adjacent
districts and the average ratio for Orange County. This is due to the higher concentrati on
of commercial land uses, ABC licenses attributed to adjacent marina operations, lower
number of residential properties, and high number of restaurants in Lido Marina Village,
Cannery Village, and McFadden Square. While the license-to-resident ratio is higher
than average, and the proposed expansion is located in close proximity to other
establishments, the location in Lido Marina Village (an established commercial area),
together with the proposed operational characteristics would make the service of
alcoholic beverages acceptable. The Police Department does not anticipate any
increase in crime or alcohol-related incidents with the approval of this application subject
to the proposed conditions of approval.
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. No objectionable conditions are presently occurring at the restaurant or retail site.
2. The Project has been reviewed and conditioned to help ensure that the purpose and
intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy
environment for residents and businesses is preserved. The service of alcohol is
intended for the convenience of customers dining at the establishment. Operational
conditions of approval recommended by the Police Department relative to the sale of
alcoholic beverages will ensure compatibility with the surrounding uses and minimize
alcohol-related impacts.
3. The hours of operation of the establishment will minimize the potential effects on land
use. The establishment closes by 10 p.m., Monday through Thursday; and by 11 p.m.,
Friday through Sunday; which will ensure the use does not become a late night bar,
tavern, or nightclub.
4. The resolution includes conditions of approval to limit objectionable conditions related
to noise and trash from the establishment. All employees serving alcohol will be required
to complete a certified training program in responsible methods and skills for selling
alcoholic beverages, as required by the State of California.
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Finding
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding
1. The Mixed-Use Water Related (MU-W2) General Plan and Coastal Land Use Plan land
use designations apply to waterfront properties in which marine-related uses may be
intermixed with general commercial, visitor-serving commercial, and residential dwelling
units on the upper floors. Although the Property and surrounding development do not
include residential uses, the Project is consistent with the visitor-serving land uses
intended for the Mixed-Use Water Related (MU-W2) land use designation.
2. The Property is located within the Coastal Zone and is adjacent to the Bay and a public
boardwalk. The Project complies with the Local Coastal Program Implementation Plan
and prior approvals for the Property such as the Parking Management Plan (PA2017-
035). The Project will continue to provide public access via a public walkway along the
waterfront with a six (6)-foot minimum width along the bay. The existing outdoor dining
patio is compatible with the goals established for Lido Marina Village. For example, Land
Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for a “pedestrian-
oriented village environment that reflects its waterfront location, providing a mix of uses
that serve visitors and local residents.” The existing outdoor dining patio provides an
amenity for coastal visitors to enjoy the bay frontage. However, the proposed outdoor
dining expansion is not appropriate due to its location and associated visual and physical
impacts to the public boardwalk. A condition of approval has been applied prohibiting
expansion of the outdoor dining for the expanded restaurant area at 3424 Via Oporto.
Under existing conditions, there is a railing that leads to the marina between the existing
and proposed restaurant spaces. The railing impedes access between the suites and
creates the appearance that the boardwalk terminates by creating a “pinch point” or
“bottleneck.” Therefore, maintaining the 10-foot-width in some sections of the boardwalk
is critical to allow both physical and visual relief, and most importantly allow people to
pass each other at various points along the walkway.
3. The Circulation Element Goal 7.1 (Parking) of the General Plan is to ensure an adequate
supply of convenient parking is available throughout the City. Analysis provided by the
Lido Marina Village Parking Demand Analysis and in accordance with the approved
Parking Management Program (Conditional Use Permit No. UP2014-014) demonstrates
that an adequate supply of parking will be provide d based upon the shared use of
parking within Lido Marina Village. The Project complies with the assumptions identified
in UP2014-014 for anticipated restaurant build-out of Lido Marina Village and no
additional parking waivers are required.
4. The Property is not part of a specific plan area.
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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 Support of Finding
1. The Mixed Use Water Related (MU-W2) Zoning District applies to waterfront properties
in which marine-related uses may be intermixed with general commercial, visitor-serving
commercial, and residential dwelling units on the upper floors. Eating and drinking
establishments with alcohol and no late hours require the approval of a minor use permit
within the Mixed-Use Water Related (MU-W2) Zoning District.
2. Section 20.48.090(F)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) of the
NBMC also requires that the review authority consider the relationship of outdoor dining
to sensitive noise receptors. The outdoor dining area will close by 10 p.m. (Monday
through Thursday) and 11 p.m. (Friday through Sunday) in order to minimize noise
impacts to residents located across Newport Harbor.
3. The Project is consistent with the Lido Marina Village Parking Management Program
authorized under Conditional Use Permit No. UP2014-014.
4. As conditioned, the Project will comply with NBMC standards for eating and drinking
establishments.
5. The eating and drinking establishment is consistent with the Lido Marina Village Design
Guidelines. The renovation of the existing tenant space will support local establishments
within Lido Marina Village and improve the pedestrian streetscape.
Finding
D. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding
1. The kitchen, main dining area, outdoor dining area, and ice cream/coffee shop are
existing and would not be modified as part of the Project. The Project includes the
conversion of the existing Malibu Farm retail store to an additional seating area, and no
new kitchen facilities would be constructed. The expansion area would be inte nded for
dining only, with a small back of house area for a potential cashier and beverage
preparation area. Restrooms for the restaurant and take-out service suites will be
shared. The existing infrastructure is adequate to accommodate the eating and drin king
establishment and a detailed plumbing fixture analysis is required as a condition of
approval. The existing location has proven to be compatible with other commercial uses
in the area and serves as a key restaurant anchor within Lido Marina Village. The
expanded suite is adjacent to the existing restaurant and would operate similarly. The
eating and drinking establishment also serves as an important visitor -serving use that
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Planning Commission Resolution No. PC2019-038
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benefits the area, which is in furtherance of the City’s Coastal Land Use Plan and the
Coastal Act codified in California Public Resources Code Section 30000 et seq.
2. The Property is located in a relatively dense commercial village area with multiple uses
within a short distance of each other. Lido Marina Village is conducive to a significant
amount of walk-in patrons. No on-site parking is available for the Property but adequate
parking is provided in the Lido Marina Village parking structure and adjacent street as
authorized under the approved Parking Management Program for Lido M arina Village
(Conditional Use Permit No. UP2014-014).
3. The operational conditions of approval will promote compatibility with the surrounding
uses. The floor plan provides tables and counter areas to accommodate seats and a
dining atmosphere. There is no live entertainment or dance floor. The Applicant is
required to maintain substantial conformance with the approved floor plan in conjunction
with a Type 47 (On Sale General for Bona Fide Public Eating Place) ABC license so that
the restaurant’s primary use is an eating and drinking establishment and not a bar,
lounge, or night club.
4. The Project is located within an existing commercial building that will not necessitate high
levels of lighting or illumination. All outdoor lighting must conform to Section 20.30.070
(Outdoor Lighting) of the NBMC.
Finding
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding
1. The Project is located within an existing commercial building. The design, size, location,
and operating characteristics of the use are compatible with the surrounding Lido Marina
Village development. The proposed restaurant is consistent with the surrounding
restaurant, retail, and office uses in the development.
2. Adequate public and emergency vehicle access from Via Oporto and Central Avenue
from Via Lido, public services, and utilities are provided for on-site.
3. The design of the tenant improvements will comply with all Building, Public Works, and
Fire Codes, and will be approved by the Orange County Health Department.
Finding
F. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
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Facts in Support of Finding
1. The tenant improvements to the existing commercial building should have a positive impact
on the area and may promote further revitalization of commercial properties located in Lido
Marina Village. The eating and drinking establishment will serve the surrounding
community.
2. The Project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. Turning patio
music off at 10 p.m. will ensure the restaurant will remain in compliance with Chapter
10.26 (Community Noise Control) of the NBMC.
3. The hours of operation reduce impacts to surrounding land uses, and sufficient parking
is available in the area to accommodate the eating and drinking establishment . The
operator is required to take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance within the restaurant facility, adjacent properties, or
surrounding public areas, sidewalks, or parking lots of the restaurant, during business
hours, if directly related to the patrons of the establishment.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Project is
categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves Minor Use
Permit No. UP2019-022 subject to the conditions set forth in Exhibit “A,” which is attached
hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted 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.
4. This resolution supersedes Planning Commission Resolution No. 2072, which upon
vesting of the rights authorized by this Minor Use Permit No. UP2017-026 shall become
null and void.
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Planning Commission Resolution No. PC2019-038
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PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF DECEMBER, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowrey, Secretary
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Planning Commission Resolution No. PC2019-038
Page 10 of 16
EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING DIVISION
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. The floor plans including the net public and gross square footage calculations shall be
updated to remove the proposed outdoor dining for the new suite located at 3424 Via
Oporto. No new outdoor dining areas are permitted for the use.
3. The six (6)-foot pedestrian easement shall remain open and clear of any obstructions. The
public walkway in front of the Project (3424 Via Oporto) shall be maintained open and clear
at 10 feet in width. No obstructions along this area are permitted.
4. The hours of operation for the restaurant (interior and exterior) shall be limited to Monday
through Thursday, 9 a.m. to 10 p.m., and Friday through Sunday, 9 a.m. to 11 p.m.
5. The “net public area” shall not exceed 1,724 square feet for the interior of the subject
restaurant facility.
6. The outdoor dining shall be used only in conjunction with the related adjacent
establishment. The outdoor dining area shall be limited to 866 square feet in area. Only
the existing outdoor dining areas adjacent to the 3420 Via Oporto building are allowed; no
new encroachments into the boardwalk area are permitted.
7. The height of the boundary wall of the outdoor dining area shall be marked on the approved
plans. Fences, walls, or similar boundaries shall serve only to define the outdoor dining
area and not constitute a permanent all weather enclosure.
8. There shall be no dancing allowed on the premises.
9. Live entertainment shall not be permitted unless an amendment to this Use Permit is
approved and the operator has obtained a live entertainment permit from the Revenue
Division.
10. The installation of roof coverings shall not have the effect of creating a permanent
enclosure of the outdoor dining area. The use of umbrellas for shade purposes shall be
permitted. The use of any other type of overhead covering shall be subject to review and
approval by the Community Development Director and may require an amendment to this
Use Permit.
11. Full meal service shall be provided during all hours of operation.
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Planning Commission Resolution No. PC2019-038
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12. All exits shall remain free of obstructions and available for ingress and egress at all times.
13. 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
approved by the Building Director and Public Works Director in conjunction with the
approval of an alternate drainage plan.
14. 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.
15. The Use Permit is for the operation of an Eating and Drinking Establishment or
restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge,
nightclub or commercial recreational entertainment venue.
16. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
17. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
18. A copy of the Resolution including conditions of approval Exhibit “A,” shall be incorporated
into the Building Division and field sets of plans prior to issuance of the building permits.
19. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport
Beach Municipal Code (“NBMC”).
20. No temporary “sandwich” signs shall be permitted, either on-site or off-site, to advertise the
restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless
otherwise approved by the Public Works Department in conjunction with the issuance of
an encroachment permit or encroachment agreement.
21. Minor Use Permit No. UP2019-022 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.91.050 of the NBMC, unless an extension
is otherwise granted.
22. This Use Permit may be modified or revoked by the Planning Commission should they
determine that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
23. 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.
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Planning Commission Resolution No. PC2019-038
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24. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
25. The Property shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in the
opinion of the Director of Community Development, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources.
The Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated.
26. 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.
27. The operator of the restaurant facility shall be responsible for the control of noise generated
by the Project 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 of the NBMC and other applicable noise
control requirements of the NBMC. Pre-recorded music may be played in the tenant
space, provided exterior noise levels outlined below are not exceeded. The noise
generated by the Project shall comply with the provisions of Chapter 10.26 of the NBMC.
The maximum noise shall be limited to no more than depicted below for the specified
time period unless the ambient noise level is higher:
Between the hours of 7 a.m. and
10 p.m.
Between the hours of 10 p.m.
and 7:00 a.m.
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
28. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on
Saturday. Noise-generating construction activities are not allowed on Saturdays,
Sundays, or Holidays.
29. An outdoor sound system shall be permitted within the outdoor dining areas for music
played at a background level. Music on the outdoor dining patios shall be turned off at
10 p.m. daily. Sound shall adhere to Chapter 10.26 of the NBMC.
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Planning Commission Resolution No. PC2019-038
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30. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the NBMC, Community Noise Control.
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.
32. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or righ t-of-way.
33. 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 t he 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).
34. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the
Director of Community Development, and may require an amendment to this Use
Permit.
35. 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.
36. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the NBMC to require such
permits.
37. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the NBMC.
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 Malibu Farm Restaurant Expansion including, but not limited to, Minor Use
Permit No. UP2019-022 (PA2019-057). This indemnification shall include, but not be
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Planning Commission Resolution No. PC2019-038
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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.
FIRE DEPARTMENT
39. A hood fire suppression system will be required for cooking operations that produce
grease-laden vapors.
BUILDING DIVISION
40. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. 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. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
41. Prior to building permit issuance, plans shall be updated to include details pertaining to an
accessible path of travel to indoor and outdoor areas.
42. Prior to permit issuance, a complete plumbing fixture analysis shall be provided and
approved by the Building Division.
POLICE DEPARTMENT
43. All customers must vacate the establishment 30 minutes after closing.
44. The approval is for an eating and drinking establishment with on-sale alcoholic beverage
service. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be Type 47 (On-Sale General for Bona Fide Public Eating Place)
license, in conjunction with the restaurant as the principal use of the restaurant facility.
45. All owners, managers, and employees must abide by all requirements and conditions of the
Alcoholic Beverage License.
46. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the NBMC.
47. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
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Planning Commission Resolution No. PC2019-038
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48. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
49. There shall be no reduced price alcoholic beverage promotions after 9 p.m.
50. No off-sales of alcohol shall be permitted.
51. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the sale period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the licensed
business. These records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Police Department on demand.
52. There shall be no exterior advertising or signs of any kind of type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
53. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale
of drinks is prohibited (excluding charges for prix fixe meals).
54. Any event or activity staged by an outside promotor or entity, where Applicant, operator,
owner or his employees or representatives share in any profits, or pay any percentage or
commission to a promotor or any other person based upon money collected as a door
charge, cover charge or any other form of admission charge is prohibited.
55. 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.
56. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the premises
and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within
48 hours of written notice from the City.
57. 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 within 60 days of hire. This training shall be updated every 3
years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days. Records of
each owner’s, manager’s, and employee’s successful completion of the required certified
training program shall be maintained on the premises and shall be presented upon request
by a representative of the City of Newport Beach.
58. Strict adherence to maximum occupancy limits is required.
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Planning Commission Resolution No. PC2019-038
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59. Applicant shall maintain a security recording system with a 30-day retention and make those
recordings available to police upon request.
60. The Applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the Use Permit.
28
Attachment No. PC 2
Draft Resolution for Denial
29
INTENTIONALLY BLANK PAGE30
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING MINOR USE
PERMIT NO. UP2019-022 FOR A FOOD SERVICE, EATING AND
DRINKING ESTABLISHMENT WITH A TYPE 47 (ON-SALE
GENERAL FOR BONA FIDE PUBLIC EATING PLACE)
ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AND
OUTDOOR DINING WITH NO LATE HOURS LOCATED AT 3416
VIA OPORTO SUITE 104 AND 3420 VIA OPORTO SUITE 101,
AND 3424 VIA OPORTO SUITE 103 (PA2019-057)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Malibu Farm Lido (“Applicant”), with respect to property located
at 3416, 3420, and 3424 Via Oporto, and legally described as Parcel 1 of Parcel Map 59-
17 (”Property”), requesting approval of a minor use permit.
2. The Applicant proposes a minor use permit to expand an existing food service, eating and
drinking establishment with a Type 47 (On-Sale General for Bona Fide Public Eating Place)
Alcoholic Beverage Control (ABC) license. The existing restaurant is located at 3420 Via
Oporto and includes indoor and outdoor areas. The existing 624 square foot take-out only
ice cream and coffee shop is located at 3416 Via Oporto. The proposed expansion would
convert the existing Malibu Farm retail store at 3424 Via Oporto into additional restaurant
space. In total, the restaurant will include 3,558 gross square feet of indoor space, 998
gross square feet of outdoor space, and 2,722 square feet of net public area (NPA). No
late hours (after 11 p.m.) are proposed.
3. The Property is located within the Mixed Use Water Related (MU-W2) Zoning District and
the General Plan Land Use Element category is Mixed Use Water Related (MU-W2).
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Mixed Use Water Related (MU-W) and it is located within the Mixed Use Water Related
(MU-W2) Coastal Zoning District. The project is exempt from coastal development
permitting requirements because there is no increase in floor area or building height
proposed.
5. A public hearing was held on December 5, 2019 in the City Hall Council Chambers located
at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose
of the public hearing was given in accordance with the Newport Beach Municipal Code
(“NBMC”). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
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Planning Commission Resolution No. ###
Page 2 of 3
Tmplt: 04/14/10
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.
The Planning Commission may approve a use permit for an alcohol sales establishment only
after making each of the six required findings set forth in NBMC Section 20.52.020(F)
(Conditional Use Permit and Minor Use Permits) and NBMC Section 20.48.030(C)(3) (Alcohol
Sales). In this case, the Planning Commission was unable to make the required findings based
upon the following:
1. The Planning Commission determined, in this case, that the expansion of the restaurant
with alcohol service is inconsistent with the purpose and intent of NBMC Section
20.52.020 (Conditional Use Permits and Minor Use Permits) because the use is not
compatible with allowed uses in the vicinity.
2. Applicant’s request to expand existing restaurant operations may increase alcohol-
related crimes and calls for service and negatively impact police-related response.
3. The proposed outdoor dining may impede pu blic access along the boardwalk and
conflict with the policies identified in the Coastal Land Use Plan.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Minor Use Permit
Application No. UP2019-022.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Newport Beach Municipal Code Title 20 Planning and Zoning.
PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF DECEMBER, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
32
Planning Commission Resolution No. ###
Page 3 of 3
Tmplt: 04/14/10
BY:_________________________
Lee Lowrey, Secretary
33
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Attachment No. PC 3
Applicant’s Project Description
35
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P a g e 1 | 3
A R C H I T E C T U R E A N D I N T E R I O R S
3404 Via Oporto Suite 201 Newport Beach California 92663 T: 949 500 9416
PROJECT DESCRIPTION FOR MALIBU FARM – LIDO MARINA
Minor Use Permit Amendment
Project Address: 3424 Via Oporto, Suite 103, Newport Beach, CA 92663
The proposed project consists of Minor Use Permit Amendment expanding the existing Malibu Farm
food service, eating and drinking establishment, previously approved under Minor Use Permit No.
UP2017-026 (PA2017-190). The indoor dining and outdoor patio seating area will be expanded into the
adjacent retail home store located at 3424 Via Oporto, Suite 103. No other changes are proposed under
this Amendment. Please reference the Project Summary below.
Project Summary
Approved CUP Tabulations:
Previously approved Minor Use Permit No. UP2017-026 (PA2017-190)
Restaurant: 2,171 sq. ft. (indoor seating)
866 sq. ft. (outdoor seating)
Total: 3,037 sq.ft
Coffee/Ice Cream/Take-Out Component:
322 sq. ft.
Dedicated Restrooms:
308 sq. ft.
Proposed Minor Use Permit Amendment (Expanded Area):
Restaurant: 763 sq. ft. (indoor seating)
132 sq. ft. (outdoor seating)
Total: 895 sq.ft
Landscaping:
Refer to approved CUP UP2014-014 (PA2014-002)
No site work improvements under Malibu Farm’s scope of work.
Paving:
Refer to approved CUP UP2014-014 (PA2014-002)
No site work improvements under Malibu Farm’s scope of work.
Parking:
37
P a g e 2 | 3
A R C H I T E C T U R E A N D I N T E R I O R S
3404 Via Oporto Suite 201 Newport Beach California 92663 T: 949 500 9416
Refer to approved CUP UP2014-014 (PA2014-002)
No site work improvements under Malibu Farm’s scope of work.
Operations, Food and Beverage
Hours of Operation:
Refer to approved CUP UP2017-026 (PA2017-190)
No changes proposed under Malibu Farm’s Minor Use Permit Amendment
Food and Beverage Items:
Refer to approved CUP UP2017-026 (PA2017-190)
No changes proposed under Malibu Farm’s Minor Use Permit Amendment
Alcohol License Type: 47
Food to Alcohol sales ratio: 70% Food and Non-Alcoholic Beverages / 30% Alcohol
Employees per shift: 15
Seating Capacity (see attached plans):
Approved CUP Tabulations:
Previously approved Minor Use Permit No. UP2017-026 (PA2017-190)
Restaurant: 65 (indoor seating)
43 (outdoor seating)
Total: 108
Proposed Minor Use Permit Amendment (Expanded Dining Area):
Restaurant: 32 (indoor seating)
8 (outdoor seating)
Total: 40
Net Public Area:
Approved CUP Tabulations:
Previously approved Minor Use Permit No. UP2017-026 (PA2017-190)
Restaurant: 1,130 sq. ft. (indoor seating)
866 sq. ft. (outdoor seating)
Proposed Minor Use Permit Amendment (Expanded Dining Area):
38
P a g e 3 | 3
A R C H I T E C T U R E A N D I N T E R I O R S
3404 Via Oporto Suite 201 Newport Beach California 92663 T: 949 500 9416
Restaurant: 641 sq. ft. (indoor seating)
132 sq. ft. (outdoor seating)
Grease Interceptor: Below grade Trapzilla located in the exterior breezeway.
See Sheet A.1.0 indicating (E) below grade grease interceptor.
Trash Enclosure: Enclosed Trash located across Via Oporto.
See Sheet A.1.0 indicating (E) Trash Enclosure.
Entertainment
Refer to approved CUP UP2017-026 (PA2017-190)
No changes proposed under Malibu Farm’s Minor Use Permit Amendment.
Sample Menu
Refer to approved CUP UP2017-026 (PA2017-190)
No changes proposed under Malibu Farm’s Minor Use Permit Amendment.
Operations
The (E) existing Malibu Farm indoor dining and outdoor patio seating area, located at 3420 Via
Oporto, will be expanded into the adjacent retail home store, located at 3424 Via Oporto, Suite
103. This operational strategy should reduce customer waiting time and long lines, improve
table turnover, and increase overall customer satisfaction.
Customers will arrive at the (E) existing Malibu Farm indoor dining area and be directed by host.
The proposed new indoor dining and outdoor patio seating area will feature a point-of-sale
(POS) counter (see Sheet A.1.1) where customers can quickly order from the existing menu,
customers will then be provided an order number. Food and beverages will be prepared in the
(E) existing restaurant kitchen and transported to the proposed new indoor dining and outdoor
patio via the enclosed alleyway between both (see Sheets A.1.0 and A.1.1). The back-of-house
(BOH) area (see Sheet A.1.1) would be utilized for condiments, self-service water, iced tea, etc.
Restaurant tables can be combined to handle parties of any number of customers, as well as be
used for larger parties and private event, which is not feasible in the main restaurant.
(updated 5/23/19)
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Attachment No. PC 4
Photographs
41
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Existing Malibu Farm patio shown to the left, with the dock railing in the
center. The proposed suite is located beyond the dock railing.
43
View of dock railing along boardwalk. Malibu Farm retail store located
to the left.
44
Malibu Farm retail store is located to the right with the existing Malibu
Farm restaurant patio in the distance.
45
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Attachment No. PC 5
Police Department Memorandum
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49
50
51
52
Attachment No. PC 6
Project Plans
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PL5'-
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"10'-0"4'-0"6'-0"3408 VIA OPORTO
3412 VIA OPORTO
3416 VIA OPORTO10'-0"N.I.C.
A OPORTO, SUITE 101
N.I.C.
TRICAL ROOM
HB
N.I.C.
3431 VIA OPORTO, SUITE 103
N.I.C.
3431 VIA OPORTO, SUITE 105 4'-0"6'-0"(E
)
B
O
A
R
D
W
A
L
K
P
E
D
E
S
T
R
I
A
N
R
.
O
.
W
.
(E
)
B
O
A
R
D
W
A
L
K
P
E
D
E
S
T
R
I
A
N
R
.
O
.
W
.
(E
)
B
O
A
R
D
W
A
L
K
P
E
D
E
S
T
R
I
A
N
R
.
O
.
W
.
SCALE: 3
32" = 1'-0"
SITE PLAN EXHIBIT
SITE PLAN LEGEND
SITE PLAN NOTES
NSITE PLAN KEYNOTES
PROPERTY LINE
SHEET NUMBER:
A.1.0
REVISIONS
EXISTING
RESTAURANT
AND NEW DINING
1 05-21-19
SHEET NAME:
PREPARED BY:
TENANT IMPROVEMENT OF
3424 VIA OPORTO, STE 103
NEWPORT BEACH, CA
OWNER:
PROJECT:
STAMP:JOB NUMBER:
XXXXX
DATE:
00.00.00
CONSULTANT:
DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN
CONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF PD&C, INC.
dba RAND KRUSE AND MAY NO BE DUPLICATED, USED OR
DISCLOSED WITHOUT WRITTNE CONSENT OF PD&C, INC. dba
RAND KRUSE.
LIDO GROUP RETAIL, LLC
(E) RESTAURANT OUTDOOR DINING. SEE
FLOOR PLAN FOR SQ. FT. TABULATIONS.
(E) RESTAURANT.
3420 VIA OPORTO
(E) ICE CREAM/COFFE RETAIL.
3416 VIA OPORTO
(E) DEDICATED RESTROOMS FOR
RESTAURANT.
(E) EGRESS STAIRS.
(E) BELOW GRADE
GREASE INTERCEPTOR
(E) TRASH ENCLOSURE. TO
DATE CAPACITY IS
ADEQUATE
(N) INDOOR AND OUTDOOR DINING.
3424 VIA OPORTO, STE. 103
SEE FLOOR PLAN FOR SQ. FT. TABULATIONS
(E) GATED BREEZEWAY
2 07-25-19
(N) ACCESSIBLE OUTDOOR SEATING. SEE
FLOOR PLAN.
ACCESSIBLE ENTRANCE. SEE FLOOR
PLAN.
(E) ACCESSIBLE PATH OF TRAVEL
3420 VIA OPORTO, #101 S.F. TABULATIONS
OUTDOOR = 866 SQ.FT.
INDOOR = 2,171 SQ.FT.
TOTAL = 3,037 SQ.FT.
EXISTING GROSS
OUTDOOR = 866 SQ.FT.
INDOOR = 1,126 SQ.FT.
TOTAL = 1,959 SQ.FT.
EXISTING NET PUBLIC AREA (NPA)
3420 VIA OPORTO, #101 SEATING
OUTDOOR = 37
INDOOR = 64
TOTAL = 101
3416 VIA OPORTO, #104 S.F. TABULATIONS
OUTDOOR = 0 SQ.FT.
INDOOR =624 SQ.FT.
TOTAL = 624 SQ.FT.
EXISTING GROSS
3424 VIA OPORTO, #103 S.F. TABULATIONS
OUTDOOR = 132 SQ.FT.
INDOOR = 763 SQ.FT.
TOTAL = 895 SQ.FT.
GROSS FLOOR AREA
OUTDOOR = 132 SQ.FT.
INDOOR = 598 SQ.FT.
TOTAL = 730 SQ.FT.
NET PUBLIC AREA
(N) RESTAURANT SEATING (SEE FLOOR PLAN)
OUTDOOR = 8
INDOOR = 32
TOTAL = 40
(E) TOTALS GROSS INDOOR = 2,795 SQ. FT.
(E) TOTALS GROSS OUTDOOR = 866 SQ. FT.
(E) TOTALS NPA INDOOR = 1,126 SQ. FT.
(E)TOTALS NPA OUTDOOR = 866 SQ. FT.
TOTAL GROSS INDOOR = 3,558 SQ. FT.
TOTAL GROSS OUTDOOR = 998 SQ. FT.
TOTAL NPA INDOOR = 1,724 SQ. FT.
TOTAL NPA OUTDOOR = 998 SQ. FT.
TOTAL ALL AREAS S.F. TABULATIONS
3 09-23-19
3
3
PA2019-057 Attachment No. PC 6 - Project Plans
55
ACCESSIBLE
ENTRANCE
SEE A.6.0-1
FOR IDENTIFICATION
DINING
100
(E) BOARDWALK
PEDESTRIAN R.O.W.
(E) BREEZEWAY
(E) STAIRS
DN
UP
100.0
(E) NIC ELECTRICAL
ROOM
AREA OF WORK (E) GATED EXTERIOR
BREEZEWAY
24" X 30"
18" X 105"
21
42 12" DIA 42 12" DIA
24" X 30"4'-0"6'-0"02 03 04 05 06
2224
23
29
3032
3125262728
11 12 13 14 15
01 02 03 04 05
16 17 18 19 20
06 07 08 09 10
36" X 130"36" X 43" 36" X 43"36" X 43"
(E) BOARDWALK
PEDESTRIAN R.O.W.
BOH
101
2
A.1.1
28'-2"6'-51
2"17'-012"44'-4"7'-4"13'-9"UP5'-0"1'-7"ACCESSIBLECLEARANCE29'-6"
ENTRY
100
DINING
101
PATIO
105
ALL GENDER
RESTROOM
106
(E) NIC SUITE
USE: RETAIL
BREEZEWAY
XXX
UP8'-0"39'-6"27'-112"21'-10"14'-5"13'-8"12'-10"15'-212"5'-4"8'-2"13'-2"34'-4"7'-0"12'-0"5'-6"
8'-61
2"
7'-9"4'-0"6'-0"(E) STAIRS
(E) UTILITY YARD
3'-11"14'-3"3'-8"1'-0"1'-0"3'-4"01
A.3.0
02
A.3.0
03
A.3.0
01
A.3.1
02
A.3.1
KITCHEN
102
MIXXER
ICE MACHINE
SHELF 42X14
36X21
SINK 72X28
WT 36X24
SHELF 60X12
SHELF 22X14 SHELF 48X14
WT 48X30
COFFEE / ICE CREAM
BACK OF HOUSE
107
JUR-60NTBB-24-72G-SD-S-HC-LD03
A.3.1
01
A.3.2
02
A.3.2
03
A.3.2
04
A.3.2
05
A.3.2
06
A.3.21'-0"4'-0"2'-0"5'-0"
4'-0"2'-6"C1'-6"02
A.3.3
07
A.3.2
01
A.3.3
03
A.3.3
(E) ELEVATOR
(E) MACHINE ROOM
30"SQ 30"SQ 30"SQ
TABLE:
7'-0"L x 30"D
BENCH:
15"D
2'-8"3'-8"
3'-0"3'-0"30"SQ
60"L x
30"W
30"SQ
30"SQ
30"SQ
1'-6"1'-6"1'-6"1'-6"1'-6"1'-812"3'-8"
30"SQ 1'-6"2'-6"1'-6"60"L x
30"W
42"DIA
30"SQ
42"DIA
42"DIA
1'-9"TABLE:
7'-0"L x 30"D
BENCH:
15"D 3'-0"4'-9"24"DIA
30"W x
30"D
60"W x 30"D30"W x
30"D 3'-612"2'-7"20'-0"
11'-7"3'-4"5'-1"13'-712"3'-312"3'-412"5'-0"6'-6"6'-11"
100.0
101.0
101.1
102.0102.1
106.0
106.1
106.2
106.3
106.4(E) 6'-0"WPEDESTRIANRIGHT OF WAY4'-1"13'-8" VERIFY IN FIELD2'-512"3'-0"1'-0"4'-0"2'-0"5'-0"
4'-0"W TREAD
5'-6"
101.2
COFFEE / ICE CREAM
SALES
108
4'-11"5'-0"2'-0"5'-0"1'-0"4'-0"
4'-0
"
M
I
N
.
107.1 107.0
4'-0"5'-31
2"2'-1012"20'-5"3'-0"6'-9"5'-0"4'-0"(E) BREEZEWAYTO PUBLIC RIGHTOF WAY.K 1'-6"6'-2"4'-4"11'-4"
BAR
103
RAINWALK-IN
REFRIGERATION
104
02
A.1.2
3'-6"5'-0" CLEARFLOORSPACE2'-10"2'-33
4"
1
1 2 3 4 5 6
7 8
11 12
13 14
9
10
15 16 17
18 19 20
21 22 23
24
26
27
28
29
30
31
37
36
35
34
33
32
25
2
4
3 5
6
7
9
11
8
10
126162
59 60
57 58
55 56
53 54
51 52
49 50
47 48
45 46
16 14
13
15
27 25
24
26
28
29
30
31
32
33
34 35 36
44
37 38 39
40414243
23
22
21
18
19
20
63
64
5'-0"1'-7"2'-6"(E) NIC SUITE
USE: RETAIL
(E) BOARDWALK
PEDESTRIAN R.O.W.
(E) BOARDWALK
PEDESTRIAN R.O.W.
EMPLOYEES ONLY
ENTRANCE
BENCH SEATING BENCH SEATINGBENCH SEATING
2
A.1.1
24" X 30"07 08
01
0'-0" A.F.G
T.O. (E) DECKING
0'-0" A.F.G
T.O. (E) DECKING
CCC SHEET NUMBER:
A.1.1
REVISIONS
FLOOR PLAN
FLOOR PLAN LEGEND
SCALE: 3
16" = 1'-0"
FLOOR PLAN NSHEET NAME:
PREPARED BY:
OWNER:
PROJECT:
STAMP:JOB NUMBER:
XXXXX
DATE:
00.00.00
CONSULTANT:
DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN
CONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF PD&C, INC.
dba RAND KRUSE AND MAY NO BE DUPLICATED, USED OR
DISCLOSED WITHOUT WRITTEN CONSENT OF PD&C, INC. dba
RAND KRUSE.
FLOOR PLAN KEY NOTES
FLOOR PLAN NOTES
A. ALL FINISHED PARTITIONS SHALL BE PLUMB, STRAIGHT AND TRUE AND SHALL HAVE TAPED JOINTS, FLUSH
AND SMOOTH.
B. PROVIDE BACKING IN WALLS FOR WALL HUNG FIXTURES AND CABINETS AS REQUIRED.
C. CONTRACTOR TO SUBMIT SUBMITTALS OF ALL (FINISHES, PLUMBING FIXTURES, ELECTRICAL COMPONENTS,
DOOR HARDWARE AND LIGHT FIXTURES) TO ARCHITECT FOR WRITTEN APPROVAL PRIOR TO ORDERING
MATERIAL. IF SUBMITTALS ARE NOT SUBMITTED AND APPROVED IN WRITING THE CONTRACTOR WILL BE
RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH REPLACEMENT.
D. SUBMIT CUT-SHEET OR ACTUAL DOOR SAMPLE FOR APPROVAL PRIOR TO PURCHASE OR FABRICATION OF
DOORS, HARDWARE SCHEDULE.
E. MAXIMUM DOOR OPERATION PRESSURE FOR INTERIOR DOORS SHALL BE 5LBS.
F. DOOR HARDWARE SHALL BE PUSH-PULL OR OTHER TYPE WITH DOES NOT REQUIRE GRASPING AND TURNING.
G. CONTRACTOR SHALL FURNISH AND INSTALL ALL DOORS, HARDWARE AND FRAMES REQUIRED FOR A
COMPLETE AND PROPER INSTALLATION.
H. ALL DOORS SHALL HAVE WALL OR FLOOR STOPS TO PREVENT DAMAGE TO DOOR, HARDWARE OR ADJACENT
WALL SURFACES.
I. CONTRACTOR TO VERIFY ALL KEY REQUIREMENTS WITH LANDLORD/OWNER AND SHALL COORDINATE
BUILDING STANDARD CYLINDERS AND KEYWAYS AS REQUIRED.
J. ALL DOORS SPECIFIED SHALL BE FINISHED ON BOTH FACES AND ON THE HINGED AND STRIKE EDGES, TOP
AND BOTTOM EDGES UNFINISHED.
K. ALL PARTITIONS ARE DIMENSIONED FINISH TO FINISH.
L. EVERY REQUIRED EXIT DOORWAY MUST BE OF A SIZE TO PERMIT THE INSTALLATION OF A 3'-0" BY 6'-8"
DOOR MINIMUM. A MINIMUM CLEAR WIDTH OF 32" MUST BE PROVIDED. (2016 CBC 1008.1.1)
M. CONTRACTOR/TENANT MUST COMPLY WITH (2016 CBC 1011.5, AND 1011.6) FOR EXIT SIGN GRAPHICS,
ILLUMINATION, AND POWER SOURCE.
N. CONTRACTOR TO PROVIDE EXIT SIGNS READILY VISIBLE TO CLEARLY INDICATE THE DIRECTION OF EGRESS
TRAVEL. EXIT SIGNS SHALL BE PROPERLY ILLUMINATED. (2016 CBC 1011.5, 1011.6)
O. CONTRACTOR TO FIELD VERIFY ALL SITE CONDITIONS AND DIMENSIONS.
PROPOSED DINING
EXPANSION
A CUP
B 05-21-19
TENANT IMPROVEMENT OF
3424 VIA OPORTO, STE 103
NEWPORT BEACH, CA
LIDO GROUP RETAIL, LLC
C 07-25-19
EXISTING BUILDING SHELL TO REMAIN. NEW INSULATION
AND GYP. BD. BY TENANT. INSULATION TO BE R-13 PER
TITLE 24 PRESCRIPTIVE.
EGRESS PATH OF TRAVEL (DISTANCE = 74')
10X.X DOOR NUMBER (SEE DOOR SCHEDULE SHEET A.5.0)
NEW EMERGENCY LIGHT FIXTURE. BATTERY BACKED.
LANDLORD SPECIFICATION
MFG: EELP
MODEL: DEM LED - WH - EM
SEE ELECTRICAL DRAWINGS.
NEW EXIT SIGN. BATTERY BACKED. EDGE-LIT CLEAR ACRYLIC
BLADE TYPE. MFG: LITHONIA, MODEL: EDG -W. SEE
ELECTRICAL DRAWINGS.
(E) DEMISING WALL.
INTERIOR NET PUBLIC AREA
EXTERIOR NET PUBLIC AREA
3420 VIA OPORTO, #101 S.F. TABULATIONS
OUTDOOR = 866 SQ.FT.
INDOOR = 2,171 SQ.FT.
TOTAL = 3,037 SQ.FT.
EXISTING GROSS
OUTDOOR = 866 SQ.FT.
INDOOR = 1,126 SQ.FT.
TOTAL = 1,959 SQ.FT.
EXISTING NET PUBLIC AREA (NPA)
3420 VIA OPORTO, #101 SEATING
OUTDOOR = 37
INDOOR = 64
TOTAL = 101
3416 VIA OPORTO, #104 S.F. TABULATIONS
OUTDOOR = 0 SQ.FT.
INDOOR = 624 SQ.FT.
TOTAL = 624 SQ.FT.
EXISTING GROSS
3424 VIA OPORTO, #103 S.F. TABULATIONS
OUTDOOR = 132 SQ.FT.
INDOOR = 763 SQ.FT.
TOTAL = 895 SQ.FT.
GROSS FLOOR AREA
OUTDOOR = 132 SQ.FT.
INDOOR = 598 SQ.FT.
TOTAL = 730 SQ.FT.
NET PUBLIC AREA
(N) RESTAURANT SEATING (SEE FLOOR PLAN)
OUTDOOR = 8
INDOOR = 32
TOTAL = 40
3424 VIA OPORTO, #103 OCCUPANT LOAD CALCULATION
TYPE DESCRIPTION LOAD FACTOR FLOOR AREA OCCUPANCY LOAD
B INDOOR DINING 15 NET 641 SF 641 / 15 = 43
B BACK OF HOUSE 100 GROSS 122 SF 122 / 100 = 2
TOTAL:763 45
3424 VIA OPORTO, #103 OUTDOOR DINING OCCUPANT LOAD CALCULATION
TYPE DESCRIPTION LOAD FACTOR FLOOR AREA OCCUPANCY LOAD
B PATIO 15 NET 132 SF 132 / 15 = 9
TOTAL:132 9
(E) EDGE OF BOARDWALK RIGHT-OF-WAY.1
PROPOSED DINING
EXPANSION
(E) TOTALS GROSS INDOOR = 2,795 SQ. FT.
(E) TOTALS GROSS OUTDOOR = 866 SQ. FT.
(E) TOTALS NPA INDOOR = 1,126 SQ. FT.
(E) TOTALS NPA OUTDOOR = 866 SQ. FT.
TOTAL GROSS INDOOR = 3,558 SQ. FT.
TOTAL GROSS OUTDOOR = 998 SQ. FT.
TOTAL NPA INDOOR = 1,724 SQ. FT.
TOTAL NPA OUTDOOR = 998 SQ. FT.
TOTAL ALL AREAS S.F. TABULATIONS
01
SCALE: NTS
OUTDOOR DINING BARRIER02
(E) ACCESSIBLE PATH OF TRAVEL
C 08-15-19
3424 VIA OPORTO, #103 & 3420 VIA OPORTO, #101 DEDICATED RESTROOM CALCULATIONS
TYPE DESCRIPTION LOAD FACTOR FLOOR AREA OCCUPANCY LOAD
A-2 DINING (3420 VIA OPORTO, 101)30 2,187 SF 2,187 / 30 = 72.9
B KITCHEN 200 850 SF 850 / 200 = 4.25
B BACK OF HOUSE (3424 VIA OPORTO, 103)200 110 SF 110 / 200 = .55
A-2 DINING (3424 VIA OPORTO, 103)30 598 SF 598 / 30 = 19.93
TOTAL:
98 (49 MEN, 49 WOMEN); FIXTURE COUNT: 3 WATER CLOSETS
(1-MALE, 2 FEMALE), 1 URINAL (MALE), 2 LAVATORIES (1-MALE, 1
FEMALE)
D 09-23-19
D
D
D
PA2019-057 Attachment No. PC 6 - Project Plans
56
SHEET NUMBER:
MRP
REVISIONS
MASTER
RESTROOM PLAN
SHEET NAME:
PREPARED BY:
OWNER:
PROJECT:
STAMP:JOB NUMBER:
XXXXX
DATE:
00.00.00
CONSULTANT:
DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN
CONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF PD&C, INC.
dba RAND KRUSE AND MAY NO BE DUPLICATED, USED OR
DISCLOSED WITHOUT WRITTEN CONSENT OF PD&C, INC. dba
RAND KRUSE.
A CUP
B 05-21-19
TENANT IMPROVEMENT OF
3424 VIA OPORTO, STE 103
NEWPORT BEACH, CA
LIDO GROUP RETAIL, LLC
C 07-25-19
M,B
M,B
2ND LEVEL OFFICES AND A-2
RESTAURANT USES REQUIRED TO
HAVE THEIR OWN ADA COMPLIANT
RESTROOM(S)
PA2019-057 Attachment No. PC 6 - Project Plans
57
Malibu Farm
Expansion
3416, 3420, 3424 Via Oporto
Planning
Commission
Public Hearing
12/5/2019
Planning Commission -December 5, 2019
Item No. 3a Additional Materials Presented At Meeting
Malibu Farm Expansion (PA2019-057)
Community Development Department -Planning Division 2
Background
Existing MUP
Approved December 2017
Authorized Restaurant Use
Type 47 -Alcohol License
Parking
2018 -Parking Management
Plan
Max SF for Restaurants in LMV
Only 115 SF NPA Remains After
Expansion
Ice Cream ShopRestaurant
Planning Commission -December 5, 2019
Item No. 3a Additional Materials Presented At Meeting
Malibu Farm Expansion (PA2019-057)
Vicinity Map
Community Development Department -Planning Division 3
Ice Cream Shop
Expansion Area
Existing Restaurant
Planning Commission -December 5, 2019
Item No. 3a Additional Materials Presented At Meeting
Malibu Farm Expansion (PA2019-057)
Project Details
Community Development Department -Planning Division 4
Planning Commission -December 5, 2019
Item No. 3a Additional Materials Presented At Meeting
Malibu Farm Expansion (PA2019-057)
Public Access
Community Development Department -Planning Division 5
Proposed Patio Expansion
Planning Commission -December 5, 2019
Item No. 3a Additional Materials Presented At Meeting
Malibu Farm Expansion (PA2019-057)
Views Along
Boardwalk
Community Development Department -Planning Division 6
Planning Commission -December 5, 2019
Item No. 3a Additional Materials Presented At Meeting
Malibu Farm Expansion (PA2019-057)
Recommended
Action
Conduct a Public Hearing
Find Exempt From CEQA
Approve UP2019-022 with Condition
of Approval to Remove New Patio
Area
Community Development Department -Planning Division 7
Planning Commission -December 5, 2019
Item No. 3a Additional Materials Presented At Meeting
Malibu Farm Expansion (PA2019-057)
For more
information
Contact
Community Development Department -Planning Division 8
Liz Westmoreland, Assistant Planner
949-644-3234
lwestmoreland@newportbeachca.gov
www.newportbeachca.gov
Planning Commission -December 5, 2019
Item No. 3a Additional Materials Presented At Meeting
Malibu Farm Expansion (PA2019-057)
Community Development Department -Planning Division 9
Planning Commission -December 5, 2019
Item No. 3a Additional Materials Presented At Meeting
Malibu Farm Expansion (PA2019-057)
Community Development Department -Planning Division 10
Planning Commission -December 5, 2019
Item No. 3a Additional Materials Presented At Meeting
Malibu Farm Expansion (PA2019-057)