HomeMy WebLinkAbout20171116_Staff Report
08/17/2017
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 16, 2017
Agenda Item No. 6
SUBJECT: The Crab Cooker Restaurant (PA2016-112)
SITE LOCATION: 2200 and 2202 Newport Boulevard
Minor Use Permit No. UP2016-029
Coastal Development Permit No. CD2017-069
APPLICANT: Crab Cooker Restaurant
OWNER: James Wasko
PLANNER: Benjamin M. Zdeba, AICP, Associate Planner
949-644-3253, bzdeba@newportbeachca.gov
GENERAL PLAN/ZONING DISTRICT
General Plan: Mixed-Use Water Related (MU-W2)
Zoning District : Mixed-Use Water Related (MU-W2)
Coastal Land Use Category: Mixed-Use Water Related (MU-W)
Coastal Zoning District: Mixed-Use Water Related (MU-W2)
PROJECT SUMMARY
A minor use permit and coastal development permit to allow the replacement of a legal
nonconforming building and the continued operation of an existing restaurant (The Crab
Cooker). The structure was involuntarily damaged beyond repair due to recent
construction on the abutting property. The replacement structure will maintain the same
gross floor area, but will include an outdoor dining patio as well as a small second floor
office and storage area. No operational changes (i.e., hours or alcohol license type) are
requested for the restaurant.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15302 under Class 2 (Replacement or Reconstruction), because
it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2016-029 and Coastal Development Permit No. CD2017-069(Attachment No. ZA
1).
1
The Crab Cooker Restaurant
Zoning Administrator, November 16, 2017
Page 2
Tmplt: 10/10/17
DISCUSSION
Minor Use Permit
The site is located in the MU-W2 Zoning District. This District is intended for
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 are permitted uses subject to the
approval of a use permit.
The existing restaurant currently operates as a legal nonconforming use that was
established prior to the requirement for obtaining a use permit.
The existing structure was built in 1938, and exceeds the allowable floor area ratio
of 0.5 as designated for nonresidential development in the MU-W2 Zoning District.
The existing building and property is also nonconforming as the minimum required
parking is not provided. Again, the building was constructed prior to parking
requirements.
In April of 2014, the contractor for the abutting project (Vue Newport) inadvertently
undermined The Crab Cooker’s foundation while working on the structural
foundation for the project.
Pursuant to Newport Beach Municipal Code (NBMC) Section 20.38.080 (Repair of
Damaged or Partially Destroyed Nonconformities), a nonconforming use may be
reestablished when restoration work is commenced within twelve (12) months of
the date of damage, unless otherwise allowed by the Director. In this case, the
applicant has been diligently pursuing reparation of the building as documented in
the attached project chronology (Attachment No. ZA 4).
The use will remain a food service, eating and drinking establishment. The
reconstructed restaurant will include an outdoor dining area and a small
office/storage area on a new second level. Also included is a new trash enclosure
that relocates dumpsters from the public right-of-way onto private property. The
applicant indicates the additional storage will reduce the amount of deliveries and
reduce congestion on The Arcade, a public right-of-way, behind the restaurant
building.
The net public area of the restaurant will remain the same at 1,774 square feet.
The new outdoor dining area will be 434 square feet, which is less than 25 percent
of the net public area (443.5 square feet). Pursuant to NBMC Section 20.40.040
(Off-Street Parking Spaces Required), an outdoor dining area does not require
2
The Crab Cooker Restaurant
Zoning Administrator, November 16, 2017
Page 3
Tmplt: 10/10/17
additional parking when it is equal to or less than 25 percent of the interior net
public area.
There are no changes proposed to the existing Alcoholic Beverage Control (ABC)
license. The hours of operation will remain the same with a closing hour of 10 p.m.,
daily.
The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages will help to ensure compatibility with the
surrounding uses and minimize alcohol-related impacts. The project has been
conditioned to ensure the welfare of the surrounding community and that the eating
and drinking establishment does not become a bar or tavern. The establishment
is required to comply with the requirements of the Alcoholic Beverage Control
Department to ensure the safety and welfare of customers and employees of the
establishment. The project would be approved as a restaurant and cannot be
operated as a bar, tavern, or nightclub. Additionally, a condition is included to
prohibit dancing and live entertainment.
As conditioned, the owners, managers, and employees selling alcohol are required
to undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol.
As the proposed project will be a new building and there will be an increase in
overall height by more than 10 percent with the proposed second level, a Coastal
Development Permit is required.
Coastal Development Permit
Land Use and Development Standards
The subject property is located in the MU-W2 Coastal Zoning District, which 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. A Coastal Development Permit is required and the property is not eligible for
a Waiver for De Minimis Development because the property is located in the Appeal
Area.
The property currently consists of two legal lots developed with a single-story
restaurant building. A lot merger was approved on January 26, 2017, to create a
single parcel for redevelopment. A condition of approval is included to ensure the Lot
Merger is recorded prior to any new construction occurring on-site should this
application be approved. Demolition of the remaining structure could commence after
issuance of all necessary permits prior to the lot merger.
3
The Crab Cooker Restaurant
Zoning Administrator, November 16, 2017
Page 4
Tmplt: 10/10/17
The surrounding neighborhood is predominantly developed with one- and two-story
nonresidential structures to the south and east. To the north and west is the
Newport Vue project, which is a three-story mixed-use development. The proposed
design, bulk, and scale of the replacement structure is consistent with the existing
neighborhood pattern of development and expected future development consistent
with applicable development standards.
The current structure is nonconforming as it exceeds the allowable floor area ratio of
0.5. Pursuant to NBMC Section 21.38.080 (Repair of Damaged or Partially Destroyed
Nonconformities), a nonconforming use that is involuntarily destroyed may be
reestablished when restoration work is commenced within twelve (12) months of the
date of damage. The proposed structure will maintain the same gross floor area as
the existing structure and further conforms to all other applicable development
standards, including setbacks and height as evidenced by the project plans and
illustrated in Table 1 on the following page.
Table 1 – Development Standards
Development Standard Standard Proposed
Setbacks (min.)
Front 0 feet 0 feet
Sides 0 feet 0 feet
Rear 0 feet 0 feet
Allowable Floor Area Legal nonconforming
5,048 square feet
Matching existing
5,048 square feet
Parking Legal nonconforming
No on-site parking
No increase to the parking
requirement (credit)
Height 26 flat roof
31 sloped roof
Approximately 25 feet to top
of highest sloped roof
Hazards
The development is not on a waterfront parcel and is approximately 200 feet away
from the Newport Bay.
The finish floor elevation of the proposed structure is 9.00 feet (NAVD88), which
complies with the minimum 9.00-foot (NAVD88) elevation standard.
The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code
(CBC) and Building Division standards and policies. Geotechnical investigations
specifically addressing liquefaction are required to be reviewed and approved prior
to the issuance of building permits. Permit issuance is also contingent on the
inclusion of design mitigation identified in the investigations. Construction plans are
reviewed for compliance with approved investigations and CBC prior to building
permit issuance.
4
The Crab Cooker Restaurant
Zoning Administrator, November 16, 2017
Page 5
Tmplt: 10/10/17
Water Quality
Pursuant to Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan),
due to the proximity of the development to the shoreline and the development
containing more than 75 percent of impervious surface area, a Water Quality and
Hydrology Plan (WQHP) is required. To fulfill this requirement, a Water Quality
Management Plan (WQMP) has been reviewed and approved by the City’s Engineer
Geologist. The WQMP includes a polluted runoff and hydrologic site characterization,
a sizing standard for best management practices (BMPs), use of a low-impact
development (LID) approach to retain the design storm runoff volume on site, and
documentation of the expected effectiveness of the proposed BMPs. Construction
plans will be reviewed for compliance with the approved WQMP prior to building
permit issuance.
The project design addresses water quality with a construction erosion control plan
and a post construction drainage system that includes drainage and percolation
features designed to retain dry weather and minor rain event run-off on-site. Any
water not retained on-site is directed to the City’s storm drain system.
Public Access
The project site is/is not located between the nearest public road and the sea or
shoreline; however, the project will not affect the public’s ability to gain access to,
use, and/or view the coast and nearby recreational facilities. Vertical and lateral
access is available immediately adjacent to the project site through the Vue Newport
development. Condition of Approval No. 4 in the draft Resolution requires a
construction management plan, which will help minimize any impacts to access
during construction activities.
The project site is not located near any designated Coastal View Points or Coastal
View Roads, as designated in the Coastal Land Use Plan.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302 under Class 2 (Replacement or Reconstruction) 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.
Class 2 exempts the replacement of a commercial structure with a new structure of
substantially the same size, purpose and capacity. The proposed project is the
replacement of an existing structure with a new structure of the same gross floor area,
same land use (restaurant) and similar occupancy.
5
The Crab Cooker Restaurant
Zoning Administrator, November 16, 2017
Page 6
Tmplt: 10/10/17
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants 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 hearing, 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.
APPEAL PERIOD
This action shall become final and effective 14 days following the date the Resolution is
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 (Local Coastal
Implementation Plan) of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
Prepared by:
_____________________
Benjamin M. Zdeba, AICP
Associate Planner
JWC/bmz
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Applicant’s Project Description and Justification
ZA 4 Applicant’s Damage Chronology
ZA 5 Police Department Memorandum
ZA 6 Project Plans
6
08/17/2017
Attachment No. ZA 1
Draft Resolution
7
08-15-2017
RESOLUTION NO. ZA2017-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-029 AND COASTAL DEVELOPMENT PERMIT NO.
CD2017-069 TO REPLACE AN EXISTING LEGAL
NONCONFORMING STRUCTURE AND ALLOW THE
CONTINUED OPERATION OF ITS USE (THE CRAB COOKER
RESTAURANT) LOCATED AT 2200 AND 2202 NEWPORT
BOULEVARD (PA2016-112)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Crab Cooker Restaurant, with respect to property located
at 2200 and 2202 Newport Boulevard, and legally described as Lots 15 and 16 of Tract
No. 814, requesting approval of a coastal development permit.
2. The applicant proposes the replacement of a legal nonconforming building and the
continued operation of an existing restaurant (The Crab Cooker). The structure was
involuntarily damaged beyond repair due to recent construction on the abutting property.
The replacement structure will maintain the same gross floor area, but will include an
outdoor dining patio as well as a small second floor office and storage area. No operational
changes (i.e., hours or alcohol license type) are requested for the restaurant.
3. The subject property is designated Mixed-Use Water Related (MU-W2) by the General
Plan Land Use Element and is located within the Mixed-Use Water Related (MU-W2)
Zoning District.
4. The subject 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.
5. A public hearing was held on November 16, 2017, in the Corona del Mar Conference
Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302 under Class 2 (Replacement or Reconstruction) 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.
8
Zoning Administrator Resolution No. ####
Page 2 of 14
08-15-2017
2. Class 2 exempts the replacement of a commercial structure with a new structure of
substantially the same size, purpose and capacity. The proposed project is the
replacement of an existing structure with a new structure of the same gross floor area,
same land use (restaurant) and similar occupancy.
SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
In accordance with Newport Beach Municipal Code (NBMC) Section 20.48.030 (Alcohol Sales),
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 Section 20.48.030 (Alcohol Sales
of the Zoning Code.
Facts in Support of Finding:
In finding that the proposed use is consistent with NBMC Section 20.48.030, 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 subject 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 are higher than adjacent RD 13, RD 16 and RD 25,
which are predominantly residential, and lower than the Citywide average.
2. The Police Department has reviewed the proposal, provided operating conditions of
approval, and has no objection to the continuation of the alcoholic beverage license
subject to appropriate conditions of approval. The operation of the establishment
includes the approved floor plan with no separate bar counter or area and a closing hour
of 10 p.m.
ii. The numbers 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 all adjacent RDs 13, 16 and 15. These reporting districts are primarily
comprised of residential properties, so the lower amount of alcohol-related incidents is
expected. The Police Department has reviewed the proposal and has no objection.
9
Zoning Administrator Resolution No. ####
Page 3 of 14
08-15-2017
2. In 2016, 40 calls for service representing less than one percent of all calls for service
in the RD were reported at the subject property. All calls for service were not specifically
related to the existing restaurant and were only listed for geographical purposes.
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 restaurant will be located in a renovated commercial building fronting Newport
Boulevard and 22nd Street. There are residential units immediately adjacent to the
project site within the Vue Newport development. The property is not located within
close proximity to any day care centers, hospitals, places of worship, schools, or similar
uses that typically attract minors. The closest park is Marina Park, which is
approximately 1,300 feet southeast of the property.
2. The nature of McFadden Square is to provide goods, services, and entertainment,
including eating and drinking establishments, designed to foster visitor and resident
activity from travelers down the Peninsula and residents nearby.
3. The restaurant has existed at this location since the 1950s, and has not proven
detrimental to the neighborhood. The proposed project will improve the existing
restaurant with no change to the alcohol license type. Restaurants with incidental
alcohol service are common in the McFadden Square area and alcohol service in
conjunction with an early closing hour is not anticipated to alter the operational
characteristics of the existing use such that it becomes detrimental to the area.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The closest establishment selling alcoholic beverages is the Old Spaghetti Factory
immediately east across 22nd Street. Several other full service restaurants and bars with
alcohol licenses operate to the south and southwest of this project site; however, those
uses are across the 200-foot-wide Newport/Balboa Boulevard right-of-way. As there has
been a restaurant operated at this location since the 1950s, and there is no change to
the alcohol license type, there is no evidence to suggest the continuation of this use will
be detrimental to surrounding properties or the neighborhood.
v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. An eating and drinking establishment has operated at the subject property since the
1950s with no operating issues or complaints. No objectionable conditions are presently
occurring at the site and this minor use permit as conditioned is intended to avoid future
objectionable conditions.
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 Zoning Code is maintained and that a
healthy environment for residents and businesses is preserved. The service of alcohol
10
Zoning Administrator Resolution No. ####
Page 4 of 14
08-15-2017
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 existing hours of operation of the establishment will minimize the potential effects
on land use. The establishment closes by 10 p.m., daily, which will ensure the use does
not become a late night bar, tavern, or nightclub.
In accordance with NBMC Section 20.52.020 (Conditional Use Permits and Minor Use
Permits), the following findings and facts in support of such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding:
1. The site is designated MU-W2 by the General Plan Land Use Element, which applies to
waterfront locations in which marine-related uses may be intermixed with buildings that
provide residential on upper floors. The proposed project is the continued operation of
an existing restaurant, which serves the surrounding neighborhood and visitors to the
area. A restaurant is permissible in the Zoning Code (implementation of the General
Plan) subject to the approval of a use permit.
2. The existing restaurant is located along Newport Boulevard adjacent. The renovated
restaurant will help to maintain a vibrant visitor-serving commercial use, consistent with
the MU-W2 land use designation. The earlier closing hour of 10 p.m. will help to ensure
the use remains compatible with adjacent residential units and the surrounding
neighborhood.
3. Inasmuch as the proposed project will not result in an increase in the floor area ratio,
the project is consistent with the Land Use Element development limitations.
4. The proposed renovation and continued operation will be consistent with General Plan
Land Use Policy LU6.8.2 (Component Districts), which emphasizes that McFadden
Square should be utilized as one of the primary activity centers within the City. The project
will help to ensure the continued successful operation of a visitor- and local-serving land
use, which has existing since the 1950s.
5. The subject property is not a part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
11
Zoning Administrator Resolution No. ####
Page 5 of 14
08-15-2017
Facts in Support of Finding:
1. The site is located within the MU-W2 Zoning District consistent with the General Plan
Land Use Element. See Fact in Support of Finding B1.
2. The subject building was constructed in 1938, according to County records, and
exceeds the allowable floor area ratio of 0.5 for this site. The existing restaurant
commenced operation in the 1950s, prior to the requirement for a use permit; therefore,
the development is considered legal nonconforming.
3. In April 2014, the subject building was involuntarily damaged by adjacent construction,
such that complete replacement is required if repaired under the current Building Code.
4. Pursuant to NBMC Section 20.38.080 (Repair of Damaged or Partially Destroyed
Nonconformities), a nonconforming use may be reestablished when restoration work is
commenced within twelve (12) months of the date of damage, unless otherwise allowed
by the Director. In this case, the applicant has been diligently pursuing reparation.
5. As the existing restaurant operates as a legal nonconforming use, approval of this Minor
Use Permit would add operational conditions of approval to ensure the continued operation
is not detrimental to the surrounding neighborhood.
6. The renovated restaurant will include an outdoor dining area and a small office/storage
area on a new second level. Also included is a new trash enclosure that relocates
dumpsters from the public right-of-way onto private property.
7. The net public area of the restaurant will remain the same at 1,774 square feet. The new
outdoor dining area will be 434 square feet, which is less than 25 percent of the net
public area (443.5 square feet). Pursuant to NBMC Section 20.40.040 (Off-Street
Parking Spaces Required), an outdoor dining area does not require additional parking
when it is equal to or less than 25 percent of the interior net public area.
8. There are no changes proposed to the existing Alcoholic Beverage Control (ABC) license.
The hours of operation will remain the same with a closing hour of 10 p.m., daily.
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 operation of the eating and drinking establishment will be restricted to the hours
between 9 a.m. and 10 p.m., daily. The closing hour is compatible with other restaurants
in the area. The Police Department has reviewed the proposed project and has no
objections.
12
Zoning Administrator Resolution No. ####
Page 6 of 14
08-15-2017
2. A restaurant has been operated in this location without the benefit of a conditional use
permit since the 1950s.
3. The floor plan provides a new interior dining area with improved restroom facilities, a
small outdoor dining area, a kitchen area, a trash enclosure, additional storage, and a
small second floor office space. Live entertainment and dancing are not proposed.
4. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the restaurant is adjacent to
residential units at the Vue Newport development, the building is oriented toward
Newport Boulevard away from the nearby mixed-use structures and the outdoor patio
area will be contained by a roof above.
5. The operational conditions of approval recommended by the Police Department relative
to the sale of alcoholic beverages, including an Operator License, will help ensure
compatibility with the surrounding uses and minimize alcohol related impacts. The
project has been conditioned to ensure the welfare of the surrounding community.
6. The applicant is required to install a grease interceptor, provide a wash-out area that drains
to the sewer line, obtain Health Department approval prior to opening for business, and
comply with the California Building Code to ensure the safety and welfare of customers
and employees within the establishment.
7. The subject property is located in a relatively dense area with multiple uses within a
short distance of each other. The McFadden Square area is conducive to a significant
amount of walk-in patrons. The area experiences parking shortages in the day time
during the summer months, but parking is typically available during the rest of the year.
Two municipal parking lots and on-street parking are available in the area to accommodate
the project in the off-season months.
8. The proposed project is not expected to noticeably change the parking demand in the
McFadden Square area.
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 site is located where an existing commercial building is today. The improved
tenant space will be designed and developed for a restaurant use. The design, size,
location, and operating characteristics of the use are compatible with the surrounding
neighborhood. The existing tenant space on the subject property has historically been
utilized by a restaurant.
13
Zoning Administrator Resolution No. ####
Page 7 of 14
08-15-2017
2. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Any additional utilities upgrades required for the
change in occupancy will be required at plan check for the building permit.
3. The tenant improvements to the project site will comply with all Building, Public Works,
and Fire Codes. All City ordinances and all conditions of approval will be complied with.
Finding:
F. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general welfare
of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The project has been reviewed and includes conditions of approval to help ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks and
areas surrounding the subject property and adjacent properties during business hours,
if directly related to the patrons of the establishment.
2. The restaurant will continue to service the neighborhood by providing dining services as
a public convenience to the surrounding neighborhood as well as visitors. The service
of alcohol will continue to complement the principal use of the facility and provide an
economic opportunity for the property owner to maintain a successful business in a way
that best serves the community.
3. As conditioned, the owners, managers and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
Coastal Development Permit
In accordance with NBMC Section 21.52.015 (Findings and Decision), the following findings
and facts in support of such findings are set forth:
Finding:
A. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The proposed development complies with applicable development standards and under
the parameters established by NBMC Chapter 21.38 (Nonconforming Uses and
Structures).
14
Zoning Administrator Resolution No. ####
Page 8 of 14
08-15-2017
a. The maximum floor area ratio is 0.5 (2,700 square feet). The existing building to be
replaced has a gross floor area of 5,084 square feet and the proposed floor area
is 5,084 square feet.
b. The proposed development complies with the required setbacks, which are 0 feet
along the front property line abutting Newport Boulevard, 0 feet along each side
property line and 0 feet along the rear property line abutting The Arcade.
c. The highest ridge is approximately 25 feet from the finished floor elevation of 9.0
feet (NAVD 88), which complies with the maximum height limitation of 26 feet to a
flat roof and 31 feet to the ridge of a sloped roof.
d. The existing interior net public area is 1,774 square feet and the proposed net
public area is 1,774 square feet. The new outdoor dining area is 434 square feet
and less than 25 percent of the interior net public area; therefore, no additional
parking is required.
2. The surrounding neighborhood is predominantly developed with one- and two-story
nonresidential structures to the south and east. To the north and west is the Vue
Newport project, which is a three-story mixed-use development. The proposed design,
bulk, and scale of the replacement structure is consistent with the existing neighborhood
pattern of development and expected future development consistent with applicable
development standards.
3. The finish floor elevation of the proposed structure is 9.00 feet (NAVD88), which
complies with the minimum 9.00-foot (NAVD88) elevation standard.
4. The property is located in an area known for the potential of seismic activity and
liquefaction. All projects are required to comply with the California Building Code (CBC)
and Building Division standards and policies. Geotechnical investigations specifically
addressing liquefaction are required to be reviewed and approved prior to the issuance of
building permits. Permit issuance is also contingent on the inclusion of design mitigation
identified in the investigations. Construction plans are reviewed for compliance with
approved investigations and CBC prior to building permit issuance.
5. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the
proximity of the development to the shoreline and the development containing more than
75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is
required. To fulfill this requirement, a Water Quality Management Plan (WQMP) has been
reviewed and approved by the City’s Engineer Geologist. The WQMP includes a polluted
runoff and hydrologic site characterization, a sizing standard for best management
practices (BMPs), use of a low-impact development (LID) approach to retain the design
storm runoff volume on site, and documentation of the expected effectiveness of the
proposed BMPs. Construction plans will be reviewed for compliance with the approved
WQMP prior to building permit issuance.
15
Zoning Administrator Resolution No. ####
Page 9 of 14
08-15-2017
6. The project design addresses water quality with a construction erosion control plan and a
post construction drainage system that includes drainage and percolation features
designed to retain dry weather and minor rain event run-off on-site. Any water not retained
on-site is directed to the City’s storm drain system.
Finding:
B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is/is not located between the nearest public road and the sea or shoreline;
however, the project will not affect the public’s ability to gain access to, use, and/or view
the coast and nearby recreational facilities. Vertical and lateral access is available
immediately adjacent to the project site through the Vue Newport development. The
applicant is required to provide a construction management plan that helps to minimize
any impacts to access during construction activities.
2. The project site is not located near any designated Coastal View Points or Coastal View
Roads, as designated in the Coastal Land Use Plan.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2016-029 and Coastal Development Permit No. CD2017-069, subject to the
conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 21 Local
Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken
by the City may be appealed to the Coastal Commission in compliance with Section
21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF NOVEMBER, 2017.
_____________________________________
Patrick J. Alford, Zoning Administrator
16
Zoning Administrator Resolution No. ####
Page 10 of 14
08-15-2017
EXHIBIT “A”
CONDITIONS OF APPROVAL
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. No demolition or construction materials, equipment debris, or waste, shall be placed or
stored in a location that would enter sensitive habitat, receiving waters, or a storm drain
or result in impacts to environmentally sensitive habitat areas, streams, wetland or their
buffers.
3. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall
be implemented prior to and throughout the duration of construction activity.
4. Prior to issuance of any building permit, the applicant shall submit a construction
management and delivery plan to be reviewed and approved by the Public Works and
Community Development Departments. The plan shall include discussion of project
phasing; parking arrangements for both sites during construction; anticipated haul
routes; and construction mitigation. Upon approval of the plan, the applicant shall be
responsible for implementing and complying with the stipulations set forth in the
approved plan.
5. The discharge of any hazardous materials into storm sewer systems or receiving waters
shall be prohibited. Machinery and equipment shall be maintained and washed in
confined areas specifically designed to control runoff. A designated fueling and vehicle
maintenance area with appropriate berms and protection to prevent spillage shall be
provided as far away from storm drain systems or receiving waters as possible.
6. Debris from demolition shall be removed from work areas each day and removed from
the project site within 24 hours of the completion of the project. Stock piles and
construction materials shall be covered, enclosed on all sites, not stored in contact with
the soil, and located as far away as possible from drain inlets and any waterway.
7. Trash and debris shall be disposed in proper trash and recycling receptacles at the end
of each construction day. Solid waste, including excess concrete, shall be disposed in
adequate disposal facilities at a legal disposal site or recycled at a recycling facility.
8. Revisions to the approved operation or construction plans may require an amendment
to this Coastal Development Permit and Minor Use Permit or the processing of a new
Coastal Development Permit and Minor Use Permit.
9. Prior to the issuance of building permits, the Lot Merger No. LM2016-007 shall be
recorded.
17
Zoning Administrator Resolution No. ####
Page 11 of 14
08-15-2017
10. The hours of operation for the eating and drinking establishment including the outdoor
patio area shall be limited between 9 a.m. and 10 p.m., daily.
11. The outdoor patio area shall not be enclosed and shall remain open in nature at all times.
12. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 8 a.m., daily, unless otherwise approved by the Community Development
Director, and may require an amendment to this Conditional Use Permit.
13. That the interior net public area of the proposed restaurant shall not exceed 1,774
square feet and the outdoor dining area shall not exceed 434 square feet.
14. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code. Pre-recorded music may be played
in the tenant space, provided exterior noise levels outlined below are not exceeded. The
noise generated by the proposed use shall comply with the provisions of Chapter 10.26
of the Newport Beach Municipal Code. 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 Between the hours of
7 a.m. and 10 p.m. 10 p.m. and 7 a.m.
interior exterior interior exterior
Measured at the property line of
commercially zoned property: N/A 65 dBA N/A 60 dBA
Measured at the property line of
residentially zoned property: N/A 60 dBA N/A 50 dBA
Residential property: 45 dBA 55 dBA 40 dBA 50 dBA
15. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the facility.
16. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, 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 Sundays or Holidays.
17. All solid waste and recycling shall be stored within the trash enclosure. The applicant
shall ensure that the trash dumpsters and/or receptacles are maintained to control
odors. This may include the provision of either fully self-contained dumpsters or periodic
steam cleaning of the dumpsters, if deemed necessary by the Planning Department.
Cleaning and maintenance of trash dumpsters shall be done in compliance with the
18
Zoning Administrator Resolution No. ####
Page 12 of 14
08-15-2017
provisions of Title 14, including all future amendments (including Water Quality related
requirements).
18. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
19. 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 Coastal
Development Permit.
20. This Minor Use Permit and/or Coastal Development Permit may be modified or revoked
by the Zoning Administrator if determined 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.
21. Prior to issuance of building permits, a copy of the Resolution, including conditions of
approval Exhibit “A” shall be incorporated into the Building Division and field sets of
plans.
22. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Coastal
Development file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Coastal Development Permit.
23. Prior to the issuance of building permits, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
24. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
property owner or agent.
25. This Minor Use Permit No. UP2016-029 and Coastal Development Permit No. CD2017-
069 shall expire unless exercised within 24 months from the date of approval as specified
in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney’s fees, disbursements and court costs) of every kind and nature
whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s
approval of The Crab Cooker Restaurant including, but not limited to, Minor Use Permit
19
Zoning Administrator Resolution No. ####
Page 13 of 14
08-15-2017
No. UP2016-029 and Coastal Development Permit No. CD2017-069 This indemnification
shall include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, causes
of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of City's costs,
attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any amount
owed to the City pursuant to the indemnification requirements prescribed in this condition.
Police Department
18. 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 a Type 41 (On-Sale Beer and Wine – Eating Place)
license in conjunction with the restaurant as the principal use of the facility.
19. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
20. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
21. There shall be no live entertainment or dancing allowed on the premises.
22. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
23. There shall be no reduced price alcoholic beverage promotions after 9 p.m.
24. Food service from the regular menu shall be made available to patrons until 30 minutes
prior to closing.
25. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
26. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
27. 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.
20
Zoning Administrator Resolution No. ####
Page 14 of 14
08-15-2017
28. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
29. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
certificate of occupancy. Records of each owner’s, manager’s and employee’s
successful completion of the required certified training program shall be maintained on
the premises and shall be presented upon request by a representative of the City of
Newport Beach.
30. Strict adherence to maximum occupancy limits is required.
31. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
21
08/17/2017
Attachment No. ZA 2
Vicinity Map
22
Feet
Imagery:2009-2013 photos provided by Eagle
Imaging www.eagleaerial.com
Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
11/6/2017
0 200100
Newport
Beach
GIS
Project Site
23
08/17/2017
Attachment No. ZA 3
Applicant’s Project Description and
Justification
24
Crab Cooker Restaurant
2200 Newport Blvd.
Minor Conditional Use Permit
1
PROJECT DESCRIPTION
The Crab Cooker is a legal nonconforming family owned and operated business that is
applying for a minor conditional use permit and coastal development permit. Through
no fault of the business owners, the Crab Cooker building sustained structural damage
caused by the permitted construction activities of the neighbor to the north. The damage
sustained requires significant repairs that will require building permits – and as required
by the City those repairs necessitate a complete teardown. Since the Crab Cooker does
not have an existing use permit, this application is being submitted to facilitate the
process of obtaining a Minor Use Permit and Coastal Development Permit, necessary
for the subsequent issuance of building permits.
It should be noted that the damage to the Crab Cooker resulted from a series of
occurrences beginning in January of 2014 (see attached Damage Chronology).
Damage continued and the two property owners began communications and worked
together to formulate a solution, as well as, work with their respective insurance
companies. The City of Newport Beach was part of this process and issued building
permits in October 2014 for foundation repairs. However, this work was never
completed as the foundation continued to fail, with even greater damage occurring.
Nearly a year later, September 2015, a solution was agreed upon and the City of
Newport Beach conducted a preliminary conceptual review and a subsequent Design
Review Committee meeting in October 2015. Throughout this entire process the
insurance companies for the parties have conducted tests to fully assess the damage.
As referenced above, there is a detailed matrix of the damage, city engagement and
process to date as part of this submittal entitled Damage Chronology.
The Crab Cooker Restaurant and Fish Market has been in operation at the current
address for over 65 years. The Crab Cooker is a family dining establishment that for
decades has been a Newport Beach landmark for locals and visitors alike.The building
with its distinctive exterior red color and its unique interior has served as the back drop
for many movie productions. The restaurant operates without a bar but is licensed to
serve wine and beer to its dining customers. Current operating hours are from 9:00 am
until 11:00 pm daily.No changes to current hours of operations are being requested.
The historic use of this property is consistent with the General Plan as a visitor serving
use. Except for proposed building repairs/improvements, the minor conditional use
permit and coastal development permit should accurately reflect all of the historic and
current uses that the Crab Cooker has enjoyed while proudly serving the residents and
visitors of Newport Beach for well over one half a century.
The Crab Cooker fills a unique space in the coastal zone of the Newport Beach
Peninsula, offering a family dining experience at an affordable price. As a sit-down
restaurant with a fish market and take-out options, diners enjoy the world’s best
chowder for $3.95 and have other dining options below $15.00 a plate. Outside of fast-
25
Crab Cooker Restaurant
2200 Newport Blvd.
Minor Conditional Use Permit
2
food options The Crab Cooker provides all coastal visitors with an affordable family
dining option.
The Crab Cooker filed an application for a lot line merger on October 24, 2016, as the
building currently occupies what were 2 separate legal lots, parcel numbers are 147-
120-15 and 147-120-14. The existing Crab Cooker building is 5,084 sq. ft. The two lots
that the building is built upon are 2700 sq. ft. each. The existing lot coverage is a legal
non-conforming percentage of 94.14%. The lot line merger was approved by the City of
Newport Beach on January 26, 2017, LM2016-007.
As mentioned above, because of construction activities carried out by the neighbor to
the north, the Crab Cooker building received structural and foundation damage to the
building. Since the building will require significant repairs and at the direction of the City
those “repairs” necessitate a complete teardown, this application is also requesting the
creation of a 427 square-foot outdoor dining patio as part of the improvements to
enhance the business and serve the growing needs of the neighborhood. Another
benefit of this improvement is that it will include new ADA fully compliant restrooms with
the required number of toilets, urinals, and lavatories per current code. Additionally, the
electrical, mechanical, and plumbing will be upgraded to be Title-24 compliant.
As the Crab Cooker’s historic and current property use has no on-site or other parking,
no additional parking should be required as a result of outdoor patio dining. Per code,
no additional parking is required for an outdoor dining patio that seats a maximum of 49
patrons. The existing indoor dining count will remain the same. The new building will
maintain essentially the same overall exterior look of the Crab Cooker which for many
decades artists have come from all over to paint. The westerly exposure of the new
building facing Newport Blvd. Will remain almost identical as it has stood for over 65
years. The 22nd St., south, facing side will also remain almost identical, with the addition
of an ADA ramp. We intend to improve the appearance of the east rear facing side of
the building by relocating the 427 square feet from the patio as an upper level storage
area. This area will provide new equipment screening. In addition, we are requesting to
increase the height of the building to accommodate the current code and FEMA
requirements, while staying under the allowable height limit in this zone. We are also
requesting a 10% increase in the gross area for storage – not usable public space –to
minimize the number and frequency of delivery truck trips onto the peninsula and into
the arcade.
As discussed with community development and other departments, this submittal
reflects the relocation of the trash dumpster area internal to the building. While the
trash dumpster area has been located outside for over 65 years, the relocation of these
containers internal to the project eliminates the need for an encroachment permit. We
are requesting to continue to use the loading zone at the rear of the building.
There will be no changes to the iconic building signage, colors or materials; however, as
part of this process an application for a heritage sign designation will be sought. As has
26
Crab Cooker Restaurant
2200 Newport Blvd.
Minor Conditional Use Permit
3
been the case for over 65 years, it is The Crab Cooker’s hope to continue to enjoy the
same uses and privileges we currently have, including our historic signs and
awnings,and which are trademarked as part of The Crab Cooker brand and are key to
our clientele’s recognition of the building.
The project will not obstruct any scenic vista or view, either public or private since the
existing structure is being replaced with an almost identical new structure. As the site is
currently developed with nearly 100% building coverage and the remainder with asphalt,
there are no fish or wildlife which occupy the site. Additionally, there is no existing
vegetation which will be displaced. No fish, wildlife or vegetation will be removed or
impacted during construction or at any other time as none exist.
Storm runoff from the building currently discharges to the Arcade via surface flow into
an existing grate inlet, and conveys it to an existing city storm drain. There will not be
any storm water run-on to the site from the adjacent sites.
Water quality runoff from the site will improve. All storm water runoff from the project
site will be treated by a Modular Wetland System (MWS-DS-3-5-2.5) prior to
discharging off-site. In addition, site design and source control measures will be
implemented to further minimize impacts to water quality, including:
Activity restrictions
BMP maintenance
Common area litter control
Employee training
Proper construction and maintenance of a trash enclosure to reduce pollution
introduction
Given the fact that this location is currently operating as The Crab Cooker, and the
proposed use is identical, adequate public services currently exist. New construction of
this type will lessen the demand on public safety services such as police and fire.
During the demolition and construction phase of the project, erosion and sediment in
storm water runoff will be controlled with an effective combination of erosion and
sediment control BMPs in accordance with the National Pollution Discharge Elimination
System (NPDES) General Construction Permit (WDRs Order 2009-0009-DWQ, NPDES
Permit No. CAS000002). Perched ground water, which may be encountered during
grading, will be treated as required by the Santa Ana Regional Water Quality Control
Board (RWQCB) De Minimus Permit for the San Diego Creek / Newport Bay Watershed
(Order No. R8-2009-0003, NPDES No. CAG998001).
In addition to a Water Quality Management Plan, this submittal includes a Construction
Pollution Prevention Plan (CPPP). The CPPP shall cover the demolition, utilities, and
vertical construction phases of the project site. The project site shall install the proper
construction BMPs as outlined in the CPPP. to mitigate the amount of runoff and
pollutants entering the public storm drain system.
27
Crab Cooker Restaurant
2200 Newport Blvd.
Minor Conditional Use Permit
4
Site Statistics:
Combined Lot Area = 5400 sq. ft.
Combined Lot width = 60 ft.
Lot Depth = 90 ft.
Setbacks = 0 ft.
Existing Gross Area = 5084 sq. ft.
Proposed Gross Area = 5084 sq. ft.
Existing Floor Area Ratio = 94.14%
Proposed Floor Area Ratio = 94.14%
Existing Building/Lot Coverage = 94.14%
Proposed Lot Coverage = 82.70%
Existing Building Height = 21’-4”
Proposed Building Height = 26’-2 3/4”
Existing Landscaping = 0 %
Proposed Landscaping = 0%
Existing Parking = 0 stalls
Proposed Parking = 0 stalls
Existing Number of Employees: 16
Proposed Number of Employees: 16
Existing Number of Indoor Seats: 114
Proposed Number of Indoor Seats: 114
Existing and Proposed Use: Restaurant and Fish Market
Existing and Proposed Hours of Operation: 9:00 am to 11:00 pm
28
08/17/2017
Attachment No. ZA 4
Applicant’s Damage Chronology
29
Crab Cooker Restaurant
2200 Newport Blvd.
Date:
DAMAGE CHRONOLOGY
01/09/14-Water main broken by Wieland-Davco (''WD''), on adjacent site, flooding
surrounding properties including the Crab Cooker Restaurant ("CCR")
property. No intrusion of water into CCR building and no apparent damage
at that time.
041??/14-While WD within the boundaries of its own property pumped pressurized
grout deep within a subterranean excavation meant to house a structural
caisson, grout escaped the excavation, crossed property boundary lines,
and penetrated a portion of the CCR building (storage room and
restroom), pressured in between the footing and wall toe plate. WD
cleaned up the grout and debris. There may remain concealed damage to
the building footing and related structural members but no apparent visible
damage was then observed.
04/??/14-As WD sought to removed and dislodge a massive drill casing which was
stuck deep within an excavation adjacent to the CCR property, the
restaurant building was subjected to significant shaking.
04/22/14-A second episode of the migration of pressurized grout from property the
adjoining WD property occurred, affecting the CCR building and
particularly the office area. Visual inspection revealed that the slab was
fractured, that material heaving and settlement of the foundation had
occurred, and that numerous cracks in the walls of the CCR building
appeared.
04/22/14-Data from WD survey consultant reflects significant settlement of North
side of CCR building.
04/23/14-Telephonic notice given to insurance broker Blake Pierson of damage and
possible claim.
04/25/14-Secured written assumption of responsibility for damage from Tracy
Niemeyer, Sr. project Manager and authorized WD representative.
05/08/14-Received updated letter from WD assuming responsibility, including
liability for consequential damages, and commitment to provide
continuous monitoring of the structural safety of the CCR building.
1
PA2016-112
30
06/28/14-Interim Agreement for Foundation Repair entered into between CCR
owners and WD, contemplating use of injection grouting (aka "mud-
jacking") technique in order to stabilize CCR foundation.
10102/14-WD received city of Newport Beach building permit for (mud-jacking)
foundation repair.
11/10/14-Pursuant to permit issued by City of Newport Beach, WD sub-contractors
initiate intended repairs. Work ceases when existing slab foundation in
storage room fails to contain pressure, fractures and heaves.
11/24/14-WD project manager stated that they would reengineer a different
foundation repair design, as the (mud-jacking) attempt was a failure and
only caused more structural foundation damage.
01/28/15-Received letter from Steve Weitz of David Morse & Associates, acting as
adjuster for WD insurer, Houston Casualty, advising that WD would take
no further direct action to repair CCR building and that claim for damages
would be processedlhandled through his office.
03/02/15-Engaged CCR insurer (Nationwide) as we realized that neither WD nor
their Insurer would properly affect the necessary structural and Foundation
repairs required.
04/10/15-Received Ninyo & Moore report that was contracted by WD insurer after
waiting almost four months.
06/22/15-Site inspection by CCR insurance inspector.
07/24/15-CCR insurance adjuster concludes that most cost effective repair to
restaurant site is demolition and replacement of North portion of structure
and authorizes architect to begin as-built plans.
09/71/15-Preliminary conceptual review meeting of CCR repair plans with Newport
Beach city planning. Received direction to revise plans.
10/8/15-CCR design team brought revised plans to city design review committee.
Received further direction to revise plans.
11/24/15-Met with director of community development and other city Department
representatives to discuss plans moving forward.
02/01/16-Nationwide assigned new insurance adjuster to our, CCR, claim.
2
PA2016-112
31
02/19/16-New CCR insurance adjuster authorizes engagement of soils engineer
and structural engineer, to begin foundation design to support replaced
portion of structure.
03/08/16-Site inspection with new CCR insurance adjuster.
0517?/16-Associated Soils Engineer conducted city permitted invasive borings and
CPT tests at CCR site. No report has been made available to CCR as of
06/10/16.
06/09/16-CCR design team met with community development, planning and
Building department officials to gain further direction to move forward with
CUP, lot merger and building design.
3
PA2016-112
32
08/17/2017
Attachment No. ZA 5
Police Department Memorandum
33
34
35
36
37
CitationsCrimes ReportedCity‐Wide RD AverageDifference From Avg% Diff From AvgHighest VolumeAll Arrests DUI AlcoholPublic Intoxication Liquor Law Highest VolumeAlcohol Related2200 & 2202 Newport Blvd405not applicable not applicable not applicable not applicable4010not applicable0Subject RD:RD158,668 288 84 +204 +243%Simple Assault591 41 259 7Public Intoxication338Adjacent RD:RD133,829 93 84 +9 +11%Vandalism178 14 43 2Public Intoxication142Adjacent RD:RD163,667 105 84 +21 +25%Burg/Theft From Auto172 6 56 4Public Intoxication155Adjacent RD:RD253,494 136 84 +52 +62%Burg/Theft From Auto120 21 23 2Drug‐Related20Newport Beach93,685 3,177not applicable not applicable not applicableBurg/Theft From Auto3,457 351 663 18Drug‐Related1,068Subject:PopulationActive LicensesLicense Per Capita Licensed Establishments2200 & 2202 Newport Blvdnot applicable1not applicable1Subject Census Tract: 6355,726 83 69 73Adjacent Census Tract: 6284,220 36 117 32Adjacent Census Tract: 636.036,221 8 778 8Adjacent Census Tract: 6344,795 48 100 39Newport Beach85,186 439 194 389Orange County3,010,232 6,314 477 5,561Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 02/16/2017.= Subject Location11/6/2017All Population figures taken from the 2010 US Census.ABC InfoSummary for The Crab Cooker at 2200 & 2202 Newport Blvd (RD15)Calls For ServiceSubject:Part I Crimes*Arrests*Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report ‐ Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny‐Theft, Auto Theft, and Arson. This report reflects City of Newport Beach Part I crime data for 2016, as well as Simple Assault and Vandalism.Newport Beach Police Department2016 Crime and alcohol-related statisticsCHIEF JON T. LEWIS38
08/17/2017
Attachment No. ZA 6
Project Plans
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
DEMOLITION PLAN2DEMOLITION NOTESCITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTXXX5ROUGH GRADING PLANCRAB COOKERDateORIANA SLASOR RCE C6345116795 Von Karman, Suite 100, Irvine, California 92606tel 949.474.1960 fax 949.474.5315 www.fuscoe.comGNIREENEIGNBENCHMARK:BASIS OF BEARINGS:”2ND SUBMITTAL 05-19-2017”“”“””55
FF=9.00PAD=7.463ANEWPORT BOULEVARD3B22ND STREET3CTHE ARCADE3DSECTIONROUGH GRADING PLAN3CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTXXX5ROUGH GRADING PLANCRAB COOKERDateORIANA SLASOR RCE C6345116795 Von Karman, Suite 100, Irvine, California 92606tel 949.474.1960 fax 949.474.5315 www.fuscoe.comGNIREENEIGNBENCHMARK:BASIS OF BEARINGS:”2ND SUBMITTAL 05-19-2017”“”“””LEGENDSLAB SECTIONNTS1356
CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTXXX5ROUGH GRADING PLANCRAB COOKERDateORIANA SLASOR RCE C6345116795 Von Karman, Suite 100, Irvine, California 92606tel 949.474.1960 fax 949.474.5315 www.fuscoe.comGNIREENEIGNBENCHMARK:BASIS OF BEARINGS:”2ND SUBMITTAL 05-19-2017”“”“””LEGENDASECTION A-AAGRAVEL OR SAND BAG DETAILS SECTION C-C CCSTABILIZED CONSTRUCTION ENTRANCE/ EXIT DETAILBAPROTECTION DETAILSCSTORM DRAIN INLET BMP TABLE:EROSION CONTROL PLAN4EROSION CONTROL NOTES:NOTES TO CONTRACTOR:POLLUTION PREVENTION NOTESPROTECTION DETAILDFILTER FABRIC INLET BEST MANAGEMENT PRACTICES (BMP):57
UTILITY PLAN3CITY OF NEWPORT BEACHPUBLIC WORKS DEPARTMENTXXX4OFFSITE IMPROVEMENT PLANSCRAB COOKERDateORIANA SLASOR RCE C6345116795 Von Karman, Suite 100, Irvine, California 92606tel 949.474.1960 fax 949.474.5315 www.fuscoe.comGNIREENEIGNBENCHMARK:2ND SUBMITTAL 05-19-2017”“”“””BASIS OF BEARINGS:”ABBREVIATIONS & LEGEND58
59