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Home My WebLink About20201022_ApplicationZoning Compliance Application Community Development Department Planning Division 100 Civic Center Drive/ P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone/ (949)644-3229 Facsimile www.newportbeachca.gov PROPERTY OWNER(S) NAME ADDRESS CITY, STATE I ZIP CODE EMAIL PHONE NO. I FAX NO. APPLICANT(S)/CONT ACT(S) NAME Alexis King ADDRESS CITY, STATE 1300 South Meridian Ave, Suite 400 Oklahoma Cit, Ok I ZIP CODE 73108 EMAIL PHONE NO. I FAX NO. Alexis.King@pzr.com 405-546-4523 405-328-7364 SITE/PROJECT ADDRESS ASSESSOR'S PARCEL NO. 3440 Via Oporto INFORMATION REQUEST Please Check the box(es) next to the requested information ~ Current zoning/General Plan designation of the property Ii Overlay district Kl Abutting Zoning/General Plan designation IX Discretionary Approvals ~ Legal nonconforming uses or structures ~ Developed with Site Plan approval □ Other (attach additional sheet(s)) if necessary: _______________ _ Date Received: Fee Paid: Form of Payment: Receipt No. DO NOT COMPLETE APPLICATION BELOW THIS LINE-FOR OFFICE USE ONLY I Check No. Planner I Ext. Remarks: Target Date: Date Completed Date Mailed: F:\Users\CDD\Shared\Admin\Planning_Division\Applicalions\Zoning Compliance\lnfo&App.docx Updated 3/11/13 10.22.2020 LW 3234 PA2020-308$382.00 176939 RCP0013021 *Paid under PA2020-305 PA2020-308 January 22, 2013 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644-3200 Fax: (949) 644-3229 www.newp011beachca.gov ZONING COMPLIANCE LETTER Reference No. PA2012-182 The Planning & Zoning Resource Corp. Tammy Pote 100 NE 5th Street Oklahoma City, OK 73104 RE: 3600-3700 Newport Blvd 3481-3505 Via Oporto, 3434 -3444 Via Lido, Newport Beach, CA 92663 APN Nos.: 423-121-03, and 05-06 423-122-01-03, and 05-06 423-123-03-09 Dear Ms. Pote: The above referenced properties are located within the MU-W2 (Mixed-Use Water Related) Zoning District and is designated as MU-W2 (Mixed-Use Water Related) within the Land Use Element of the General Plan. The property is not located within a Planned Unit Development or an overlay district. Excerpts from the Municipal Code and General Plan are attached for your information. The properties abutting the subject parcels to the north are located in the CM (Commercial Recreational and Marine) and PF (Public Facilities) Zoning Districts and the General Plan land use designation are in the CM (Recreational and Marine Commercial) and PF (Public Facilities) Zoning Districts, respectively. The abutting property to the south is located within the CG (Commercial General) Zoning District and has a General Plan land use designation of CG (General Commercial). The properties to the east, across Newport Bay, are located within the MU-W1 (Mixed-Use Water Related) Zoning Districts and have a General Plan land use designation of MU-W1 (Mixed-Use Water Related. The properties to the west are located within the R-2 (Two-Unit Residential) and have General Plan land use designations of RT (Two-Unit Residential). PA2020-308 At the time the building permits were finaled, the building requirements were in substantial conformance with the development standards of the City of Newport Beach Municipal Code. If the subject property does not comply with the current regulations, it is nonconforming and is subject to Chapter 20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal Code. Research of the permit and entitlement history of the property verifies that discretionary approvals were acquired from the City of Newport Beach Planning Division for development of the properties. Please contact the Planning Division for further details on any of the following discretionary applications: • Use Permit No. UP0036 -Approved by the Planning Commission on December 6, 1951 to allow a medical center with off-site parking at 3505 Via Oporto. • Use Permit No. UP0045 -Approved by the Planning Commission on March 20, 1952 to allow a roof sign on a bank building at 3444 Via Lido exceeding 41 feet in height. • Use Permit No. UP0092 -Approved by the Planning Commission on May 21, 1953 to allow boat sales, mooring, maintenance, and equipage at 3448 Via Oporto. • Variance No. VA0131 -Approved by the City Council on April 26, 1954 to allow construction of a four unit dwelling structure at 3424 and 3428 Via Oporto with a 3-foot side yard setback in a C-1-H zoning district. • Variance No. VA0133-Approved by the City Council on April 26, 1954 to allow construction of a four unit dwelling structure at 3432 Via Oporto with a 3-foot side yard setback in a C-1-H zoning district. • Use Permit No. UP0147 -Approved by the Planning Commission on June 17, 1954 to allow the use of boat slips for rental purposes at 3408 Via Oporto. • Variance No. VA0155 -Denied by the City Council on September 27· 1954. A request to eliminate setbacks for residential construction at 3424 Via Oporto in a commercial zone. • Variance No. VA0156 -Denied by the City Council on September 27, 1954. A request to eliminate setbacks for residential construction at 3432 Via Oporto in a commercial zone. • Variance No. VA0247 -Approved by the City Council on October 24, 1955 to waive off-street parking requirements for a two-story office and retail building located at 3424 and 3432 Via Oporto. Sixteen parking spaces are provided where 21 spaces are required. • Variance No. VA0380 -Denied by the Planning Commission on June 27; 1957 a request to waive off-street parking for nine spaces in conjunction with a restaurant at 3424 and 3432 Via Oporto. • Use Permit No. UP0512 -Approved by the Planning Commission on May 7, 1959 to allow a towing service at 3432 Via Oporto. Tmplt: 06-07-12 Page2 Zoning Compliance -P A20 l 2-182 PA2020-308 • Use Permit No. UP0544 -Approved by the Planning Commission on August 20, 1959 in conjunction with Variance No. VA555 to allow the construction of a 5-story, 60-foot high office building at 3388 Via Lido. • Variance No. VA555 -Approved by the Planning Commission on August 20, 1959 in conjunction with Use Permit No. UP544 to allow off-site parking in conjunction with the construction of a 5-story, 60-foot high office building at 3388 Via Lido. • Use Permit No. UP0564 -Approved by the Planning Commission on November 5, 1959 to allow an addition to an existing nonconforming building at 3450 Via Oporto. • Use Permit No. UP0922 -approved by the Planning Commission on February 21, 1963 to allow the addition of a mezzanine to be used for storage, office, and tailoring at 3426 Via Lido. • Use Permit No. UP1711 -Approved by the Planning Commission on February 7, 1974 to waive off-street parking and adopt an off-site parking agreement in conjunction with the expansion of an existing restaurant located at 3450 Via Oporto. An amendment was approved by the Planning Commission on July 17, 1975 to permit dining and special events including live music in the patio area adjacent to the restaurant. Amendment No. 1 was approved by the Planning Commission on May 9, 1991 to allow live entertainment and dancing. Amendment No. 2 was approved by the Planning Commission on February 20, 1992 to allow billiards tables within an existing banquet area. Amendment No. 3 was approved by the Planning Commission on May 6, 1993 to allow the placement of a portable bandstand and dance floor in the banquet room and permit live entertainment and dancing after 10:30 p.m. • Use Permit No. UP1735 -Approved by the Planning Commission on September 19, 1974 to allow a walk-up take-out restaurant and to waive a portion of the required development standards (landscaping, parking, walls, etc.) at 3416 Via Oporto. • Use Permit No. UP1738 -Approved by the Planning Commission on October 17, 197 4 to allow a bakery at 3412 Via Oporto. • Use Permit No. UP1758 -Approved by the Planning Commission on August 7, 1975 to allow live entertainment and off-site parking in conjunction with a private club on the third floor of a five-story building at 3388 Via Lido. Amendment No. 1 was approved on February 15, 1977. Amendment No. 2 was approved by the City Council on July 28, 1986 to allow tandem parking, valet parking, and off-site parking in the City Hall employee parking lot. Amendment No. 3 was approved by the City Council on August 13, 1990 to expand the hours of operation and allow a second off-site parking agreement. Amendment No. 4 was approved by the Planning Commission on September 9, 1993 to expand the opening hours of operation and add 10 additional off-site parking spaces. Amendment No. 5 was approved by the City Council on May 22, 1995 to expand the opening hours of operation. Tmplt: 06-07-12 Page3 Zoning Compliance -P A2012-182 PA2020-308 • Use Permit No. UP1774 -Approved by the Planning Commission on January 15, 1976 in conjunction with Variance No. VA1051 to establish a restaurant with on-sale alcoholic beverages and live entertainment at 3505 Via Oporto. • Variance No. VA1051 -Approved by the Planning Commission on January 15, 1976 in conjunction with Use Permit No. UP177 4 to waive parking in conjunction with a restaurant in Lido Marina Village at 3505 Via Oporto. • Use Permit No. UP1849 -Approved by the Planning Commission on November 17, 1977 to allow a take-out yogurt restaurant at 3408 Via Oporto. An amendment was approved by the Planning Commission on May 19, 1983 to add beer and wine sales • Use Permit No. UP1905 -Approved by the Planning Commission on April 19, 1979 to allow a restaurant with on-sale beer and wine at 3420 Via Lido. Amendment No. 1 was approved by the Planning Commission on September 24, 1981 to expand the restaurant and add a patio with 22 seats. Amendment No. 2 was approved October 10, 1985 by the Planning Commission to allow the enclosure of the outdoor seating area. Amendment No. 3 was approved by the Planning Commission on February 8, 1990 to increase the dining facility and provide parking to accommodate increased occupancy. The Use Permit rights of UP3426 to allow a restaurant at 3431 Via Oporto With on-sale beer and wine, outdoor dining, and to waive a portion of the required parking were rescinded by the Planning Commission and transferred to UP1905 via Amendment No. 4 on October 7, 1993. Amendment No. 5 was approved by the Planning Commission on November 10, 1994 to allow the expansion of the restaurant into an adjoining take-out restaurant tenant space and waive additional required off-street parking. Amendment No. 6 was approved by the Planning Commission on June 22, 1995 to allow valet parking service in the public right-of-way. • Use Permit No. UP1906 -Approved by the Planning Commission on May 24, 1979 to allow a take-out restaurant with on-sale beer and wine at 3408 Via Oporto. • Use Permit No. UP1913 -Denied by the City Council on August 27, 1979, to allow retail sales of luxury automobiles. • Use Permit No. UP1927 -Approved by the Planning Commission on April 10, 1980 to allow a restaurant with on-sale beer and wine sales at 3448 Via Oporto. • Use Permit No. UP1928 -Approved by the Planning Commission on April 10, 1980 to allow a restaurant with on-sale beer and wine at 3431 Via Oporto. • Variance No. VA1076 -Withdrawn on September 4, 1980. Request to reduce the parking requirement for office and retail commercial uses at 3420 Via Oporto from 1 parking space per 250 sq ft to 1 parking space for each 330 sq ft of floor area. Tmplt: 06-07-12 Page4 Zoning Compliance -P A2012-182 PA2020-308 • Use Permit No. UP2020 -Approved by the Planning Commission on September 10, 1981 to operate a restaurant with indoor and outdoor seating and on-sale beer and wine sales at 3448 Via Oporto. Amendment No. 1 was approved by the City Council on November 14, 1983 to increase the net public area and allow a piano. • Use Permit No. UP1956 -Approved by the Planning Commission on September 18, 1980 to change the operational hours of an existing restaurant with on -sale alcohol, live entertainment, tandem parking, and valet parking within the Lido Marina Village parking structure at 3505 Via Oporto. Amendment No. 1 was approved by the City Council on April 12, 1982 to waive 14 parking spaces and allow a bust tour operation in conjunction with the existing restaurant. Amendment No. 2 was approved by the Planning Commission on June 10, 1982 for off-site parking and to reduce the amount of required parking for the retail and office uses in Lido. Amendment No. 3 was approved by the Planning Commission on May 20, 1993 to allow dancing and pool tables. • Use Permit No. UP3003 -Approved by the Planning Commission on November 18, 1982 to allow the construction of a gazebo with live entertainment at 3442 Via Oporto. • Use Permit No. UP3044 -Withdrawn on July 7, 1983. A request to establish ·a retail flower business within a gazebo at 3442 Via Oporto. • Use Permit No. UP3049 -approved by the Planning Commission on August 18, 1983 to allow a take-out ice cream facility at 3431 Via Oporto and to waive a portion of the required off-street parking. • Variance No. 1103 -approved by the City Council on November 14, 1983 to waive all of the additional required off-street parking in conjunction with Use Permit No. UP2020A to increase the net public area of an existing restaurant and add live entertainment at 3448 Via Oporto. • Use Permit No. UP3181 -denied by the Planning Commission on January 23, 1986, appealed to the City Council on February 13, 1986, and withdrawn on April 14, 1986. A request to establish a restaurant at 3422 Via Oporto with on-sale beer and wine and off-site parking within the Lido Marina Village parking structure. • Use Permit No. UP3275 -withdrawn on April 20, 1987. A request to allow retail vendors with carts at 3420 Via Oporto, allow 25 percent compact spaces within the Lido Marina Village parking structure, and to allow retail uses in the gazebo on a permanent basis. • Use Permit No. UP3290 -approved by the City Council on March 14, 1988 to allow a take-out restaurant at 3431 Via Oporto and waive a portion of the required off-street parking spaces. • Modification Permit No. MD3662 -approved by the Planning Commission on March 6, 1990 to establish a specialty food use at 3448 Via Oporto. • Modification Permi t No. MD3820 -approved by the Modifications Committee on March 12, 1991 to allow a specialty food service at 3400 Via Oporto. Page5 Zoning Compliance -PA2012-182 Tmplt: 06--07-1 2 PA2020-308 • Use Permit No. UP3426 -approved by the Planning Commission on September 5, 1991 to allow a retail store at 3431 Via Oporto to allow at with the sale and incidental tasting of beer and wine. This approval was rescinded by the Planning Commission on October 7, 1993 and superseded by UP1905. • Use Permit No. 3435 -approved by the Planning Commission on January 9, 1992 to allow a dry cleaning and laundry plant at 3426 Via Lido. • Modification Permit No. MD4139 -approved by the Modifications Committee on October 5, 1993 to allow a specialty food facility in conjunction with a retail boutique at 3636 Newport Boulevard. • Specialty Food Permit No. SP0008 -approved by the Planning Department on June 15, 1994 to allow a specialty food service establishment at 3636 Newport Boulevard. • Specialty Food Permit No. SP0029 -Approved by the Planning Director on May 10, 1995 to allow a coffee house with pastries at 3448 Via Oporto. • Use Permit No. UP3559 -approved by the Planning Commission on June 8, 1995 to allow a dry cleaning facility at 3424-3426 Via Lido. • Outdoor Dining Permit No. OD0004 -Approved by the Planning Department on November 1, 1995 to allow outdoor dining in conjunction with a specialty food service establishment at 3636 Newport Boulevard. • Outdoor Dining Permit No. OD0005 -approved by the Planning Director on January 24, 1996 to allow outdoor dining at 3408 Via Oporto. • Use Permit No. UP3576 -withdrawn February 8, 1996. A request to allow outdoor dining and on-sale beer and wine at 3408 Via Oporto. • Specialty Food Permit No. SP53 -Approved by the Planning Director on September 4, 1996 to allow a coffee and sandwich shop at 3420 Via Lido. • Outdoor Dining Permit No. 24 -Approved by the Planning Department on January 14, 1997 to allow accessory outdoor dining in conjunction with an existing coffee and sandwich shop at 3420 Via Lido. • Use Permit No. UP3599 -Application file closed on February 2, 1997. A request to convert restaurant net public area from the second floor into office floor area and transfer the restaurant floor area to a first floor suite with outdoor dining at 3439 Via Oporto. • Specialty Food Permit No. SF0058 -Application file closed on March 17, 1997. A request in conjunction with Outdoor Dining Permit No. OD0022 for a cafe at 3400 Via Oporto. • Outdoor Dining Permit No. OD0022 -Application file closed on March 17, 1997. A request in conjunction with Specialty Food Permit No. SF0058 for a cafe at 3400 Via Oporto. • Planning Director's Use Permit No. UPD0004 -approved by the Planning Director on May 22, 1997 to change an existing take-out restaurant at 3412 Via Oporto to a full-service, small-scale restaurant, increase the number of seats, and add on-sale beer and wine sales. • Planning Director's Use Permit No. UPD0018 -approved by the Planning Director on December 23, 1997 to allow a take-out restaurant to Page6 Zoning Compliance -P A2012-182 Tmplt: 06-07-12 PA2020-308 expand as a full-service, small scale restaurant at 3408 Via Oporto and increase the interior seating. • Outdoor Dining Permit No. OD0042 -Approved by the Planning Director on December 23, 1997 to allow outdoor dining with on-sale beer and wine service at 3412 Via Oporto. • Outdoor Dining Permit No. 000045 -approved by the Planning Director on December 23, 1997 to allow outdoor dining at 3420 Via Oporto. • Planning Director's Use Permit No. UPD013 -approved by the Planning Director on January 13, 1998 to add beer and wine with additional seating as a full-service small scale establishment at an existing restaurant at 3448 Via Oporto established under Specialty Food Permit No. 29. • Outdoor Dining Permit No. OD0043 -approved by the Planning Director on January 13, 1998 to allow accessory outdoor dining in conjunction with a coffee shop approved under UPD013 for 3448 Via Oporto. • Use Permit No. UP3626 approved by the City Council on June 22, 1998 to allow the re-establishment of the existing warehouse restaurant with a new full service restaurant and entertainment facility at 3450 Via Oporto. The Planning Commission voted to revoke the Use Permit on November 9, 2000 and the City Council voted on November 27, 2000 to stay the revocation until the appeal could be heard. • Use Permit No. UP2001-017 (PA2001-084) -Approved by Planning Director on June 4, 2001 to allow a day spa with massage, skincare, and body treatments at 3424 Via Oporto. • Use Permit No. UP2001-006 (PA2001-027) -Withdrawn on April 30, 2002. An amendment to Use Permit No. UP3626 requesting to change the operational characteristics of the former entertainment/restaurant at 3450 Via Oporto, creating a restaurant and nightclub. • Modification Permit No. MD2003-023 and Use Permit No. UP2002-051 (PA2002-245) -Approved by the Planning Commission on February 20, 2003 to allow a neighborhood electric vehicle sales and rental dealership at 3636 Newport Boulevard. • Coastal Land Use Plan Amendment No. LC2003-004, General Plan Amendment No. GP2003-010, and Zoning Code Amendment No. CA2003-008 (PA2003-213), approved by the City Council on October 14, 2003 and effective October 28, 2003 to correct a mapping error and change the land use designation at 3450 Via Oporto from GEIF to RSC. • Use Permit No. UP2004-030 (PA2004-170) -Approved by the Planning Director on August 3, 2004 to allow a martial arts facility at 3636 Newport Boulevard. • Use Permit No. UP2005-006 (PA2005-028) -Approved on April 20, 2005 to allow an independent massage facility at 3424 Via Oporto. • Use Permit No. UP2005-022 (PA2005-106) -Withdrawn on August 14, 2006. A request approval of a restaurant at 3450 Via Oporto with live entertainment and patron dancing. Tmplt: 06-07-12 Page7 Zoning Compliance -PA2012-182 PA2020-308 • Use Permit No. UP2007-018 (PA2007-161) -Closed on April 16, 2009. A request for a full-service eating and drinking establishment at 3450 Via Oporto with a Type 47 alcohol license and live entertainment. • Use Permit No. UP2010-022 (PA2010-111) -Approved by the Planning Director on September 30, 201 0 to allow the establishment of a health and fitness facility at 3505 Via Oporto. • Code Amendment No. CA2010-006 (PA2010-081) -Approved on August 10, 2010 by the City Council to apply the Interim Study (IS) Overlay zoning designation to renovate an existing office building at 3388 Via Lido for mixed-use consisting of two floors of commercial office tenants and two residential units on the upper three floors. • (P A2010-158)-Approved by the City Council on January 11, 2011 to establish the Lido Marina Village Conceptual Plan. • Parcel Map No. NP2011-006 (PA2011-094)-approved on June 29, 2011 by the Zoning Administrator to develop two residential condominium units and two floors of commercial office condominium uses within an existing commercial building at 3388 Via Lido. • (PA2011-148)-Approved by the City Council on January 10, 2012 to establish design guidelines for Lido Village. • Modification Permit No. MD2012-001 and Comprehensive Sign Plan No. CS2011-010 (PA2011-219) -Approved by the Zoning Administrator on March 14, 2012 to establish a comprehensive sign program for Lido Marina Village. • Telecommunications Permit No. TP2012-007 (PA2012-087) -An application was submitted on June 28, 2012 to the Community Development Department requesting the installation of a Verizon Wireless telecommunications facility on the Lido parking structure at 3505 Via Oporto and 3434 Via Lido. The subject property does not have any active complaints on record. For information regarding code violations, please contact the Code Enforcement Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please contact the Building Division to obtain copies of Certificates of Occupancy. For information regarding plat maps or public rights-of way, please contact the Public Works Department at (949) 644-3311. Should you have any further questions, please contact me at (949) 644-Ext, 3249, mnova@newportbeachca.gov. Tmplt: 06-07-12 Page8 Zoning Compliance -P A2012-182 PA2020-308 Sincerely, Kimberly Brandt, AICP, Community Development Director By: Enclosures: Aerial Map Tmplt: 06-07-12 Municipal Code Chapter 20.22 (Mixed-Use Zoning District) Table LU1 of the Land Use Element of the General Plan Figure LU6 of the Land Use Element of the General Plan Page9 Zoning Compliance-PA2012-182 PA2020-308