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HomeMy WebLinkAbout2.0_SkaI Restaurant MUP_PA2021-149 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 9, 2021 Agenda Item No. 2 SUBJECT: Skal Restaurant Minor Use Permit (PA2021-149) ▪ Minor Use Permit No. UP2021-029 SITE LOCATION: 3400 Via Oporto, Suite 104 APPLICANT: John Stockwell of Malibu Farm OWNER: DJM ARC LIDO, LLC PLANNER: Liz Westmoreland, Associate Planner 949-644-3234 or lwestmoreland@newportbeachca.gov PROJECT SUMMARY The proposed project includes converting a vacant office into a pizza restaurant with outdoor patio seating and a Type 47 Alcoholic Beverage Control (ABC) License. The restaurant includes 1,254 square feet of indoor seating and 199 square feet of outdoor seating with approximately 40 seats. The project includes approximately 347 square feet of indoor net public area and 199 square feet of outdoor dining area. The project would comply with the parking allocations in the approved Conditional Use Permit for Lido Marina Village (LMV). Hours of operation are from 9:00 a.m. to 11:00 p.m, daily. No late hours (i.e. after 11p.m.), dancing, or live entertainment is 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. PC2021-033 approving Minor Use Permit No. UP2021-029 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Skal Minor Use Permit (PA2021-149) Planning Commission, December 9, 2021 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE MU-W2 (Mixed-Use Water 2) MU-W2 (Mixed-Use Water) Vacant office space NORTH MU-W2 MU-W2 Commercial uses, retail SOUTH MU-W2 MU-W2 Commercial uses, mixed-use EAST MU-W1 (Mixed-Use Water 1) MU-W1 (Mixed-Use Water) Newport Harbor, commercial uses WEST MU-W2 MU-W2 Commercial uses, retail 3 INTENTIONALLY BLANK PAGE4 Skal Minor Use Permit (PA2021-149) Planning Commission, December 9, 2021 Page 3 INTRODUCTION The proposed restaurant is 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 tenant space (Suite 104) is currently vacant and was previously used as an office and storage area for Electra Boat Rentals. Project Description The proposed project includes converting a vacant office into a pizza restaurant with outdoor patio seating and a Type 47 Alcoholic Beverage Control (ABC) License. The restaurant includes 1,254 square feet of indoor seating and 199 square feet of outdoor seating with approximately 40 seats. The project includes approximately 347 square feet of indoor net public area and 199 square feet of outdoor dining area. The project would comply with the parking allocations in the approved Conditional Use Permit for Lido Marina Village (LMV). Hours of operation are from 9:00 a.m. to 11:00 p.m, daily. No late hours (i.e. after 11 p.m.), dancing, or live entertainment is proposed. The proposed operation is further described in the applicant’s project description (Attachment No. PC 2) and shown in the submitted plans (Attachment No. PC 4). The proposed hours are consistent with existing restaurants in LMV. There are no late hours (after 11 p.m.), live entertainment, or dancing proposed as a part of this application. Background 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 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 p.m. The conditional use permits set limits on uses that are considered higher parking demand uses including restaurants. The comprehensive parking management plan allocates 15,964 square feet for restaurant uses within Lido Marina Village and several restaurant projects have already been approved within Lido Marina Village, such as Malibu Farm, Circle Hook, Zinque, etc. Planning staff and the property owner have been tracking the net public area for existing and proposed restaurants to ensure compliance with the assumptions of the conditional use permits. 5 Skal Minor Use Permit (PA2021-149) Planning Commission, December 9, 2021 Page 4 DISCUSSION Analysis 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 the conversion of an existing office and storage space to a restaurant, which would maintain 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. The project is exempt from coastal development permitting requirements because there is no increase in floor area or building height authorized under this action. New restaurants and conversions (as well as the associated parking requirements) were previously authorized under Conditional Use Permit No. UP2017-019), which included a parking management plan for Lido Marina Village. The area dedicated to restaurant use under this project is consistent with conditional use permit No UP2017-019 thus, there would be no intensification of use. Parking As previously discussed, Conditional Use Permit Nos. UP2014-014 and UP2017-019 established square footage limitations on eating and drinking uses within Lido Marina Village to ensure the adequacy of parking resources. Of the 15,964 square feet maximum allocated to restaurant uses in LMV, there is currently 15,845 square feet of approved restaurant uses, leaving only 119 square feet of net public area for future use. In order to implement the Skal Restaurant, which includes 546 square feet of net public area, the Applicant is voluntarily forfeiting their existing use permit (UP2019-022) for a separate restaurant in LMV. In 2019, the subject applicant John Stockwell of Malibu Farm, received approval to expand his existing Malibu Farm restaurant (3416 and 3420 Via Oporto) into the adjacent retail space at 3424 Via Oporto. Specifically, this minor use permit (UP2019-022) was approved in December of 2019 and authorized the Malibu Farm restaurant to expand an additional 598 square feet of net public area into the adjacent retail space and create a 132-square-foot outdoor dining patio. However, the applicant has not exercised the use permit to expand his operation, and to date, the related improvements have not been constructed. Therefore, upon forfeiting his use permit to expand Malibu Farm, the net public area previously allocated to that expansion area would become “available” for use by another restaurant tenant. Once forfeited, the Malibu 6 Skal Minor Use Permit (PA2021-149) Planning Commission, December 9, 2021 Page 5 Farm expansion use permit would be void and the operator would be required to comply with the prior use permit that is still in effect for the existing business at 3416 and 3420 Via Oporto (UP2017-026). Pursuant to the existing conditional use permit for parking, there is maximum of 15,964 square feet allocated for eating and drinking establishments (combined indoor and outdoor NPA) in LMV. The proposed restaurant in conjunction with all the existing restaurant uses (less the forfeited Malibu Farm expansion authorized under UP2019-022) will total 15,654 square feet of net public area (NPA), in compliance with the maximum allowable restaurant space for LMV. Outdoor Dining The proposed outdoor dining patio hours (9 a.m. to 11 p.m., daily) 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 in LMV have provided an additional amenity for coastal visitors to enjoy the harbor frontage. The proposed patio is 199 gross square feet with 15 seats. The 6-foot pedestrian easement along the harbor frontage will remain unobstructed. Alcohol Sales Finding The applicant has requested a new alcohol license (Type 47 ABC license) at 3400 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 3). 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 restaurants in Lido Marina Village have not been detrimental nor created a nuisance to the community. Operational conditions of approval recommended 7 Skal Minor Use Permit (PA2021-149) Planning Commission, December 9, 2021 Page 6 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 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. 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. In compliance with NBMC Section 20.48.090(B)(1)(a) (Eating and Drinking Establishments), the pass-through window along the side of the building would only be used for take-out orders. As stated on the floor plans, no alcohol sales or service is allowed at the pass-through window and sign would be posted on the wall citing the code requirements. 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. 8 Skal Minor Use Permit (PA2021-149) Planning Commission, December 9, 2021 Page 7 2. If the Planning Commission does not believe the facts in support of findings can be made, they may provide instruction or evidence to staff regarding the facts in support of denial. Staff would return to the Planning Commission with a draft resolution for denial. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 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, maintenance, repair, leasing, permitting, licensing, or minor alteration of existing public or private structures, involving negligible or no expansion of use. The proposed project involved the interior alteration of an existing commercial building. Therefore, the project qualifies for a categorical exemption under Class 1. 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, Associate Planner ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant’s Project Description PC 3 Police Department Memorandum PC 4 Project plans 9 INTENTIONALLY BLANK PAGE10 Attachment No. PC 1 Draft Resolution with Findings and Conditions 11 INTENTIONALLY BLANK PAGE12 RESOLUTION NO. PC2021-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR USE PERMIT NO. UP2021-029 FOR A NEW FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH A TYPE 47 (ON-SALE GENERAL - EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AND OUTDOOR DINING WITH NO LATE HOURS LOCATED AT 3400 VIA OPORTO (PA2021-149) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Stockwell (“Applicant”) with respect to property located at 3400 Via Oporto, and legally described as Parcel 1 of Parcel Map No. 59-17 (“Property”) requesting approval of a minor use permit. 2. The Applicant proposes a minor use permit to operate a 1,453-square-foot food service, eating and drinking establishment with a Type 47 (On-Sale General - Eating Place) Alcoholic Beverage Control (ABC) license (“Project”) within a vacant tenant space. The Project will include 347 square feet of interior net public area and a 199-square-foot outdoor dining area. There are no late hours (after 11:00 p.m.). 3. The Property is located within the Mixed-Use Water (MU-W2) Zoning District and the General Plan Land Use Element category is Mixed Use Water 2 (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 (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 authorized under this action. New restaurants and conversions (as well as the associated parking requirements) were previously authorized under Conditional Use Permit No. UP2017-019, which included a parking management plan for Lido Marina Village. The area dedicated to restaurant use under this project is consistent with conditional use permit No UP2017-019 thus, there would be no intensification of use. 5. A public hearing was held on December 9, 2021 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of 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. 13 Planning Commission Resolution No. PC2021-033 Page 2 of 14 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 expansion of use. The Project involves the interior alteration of an existing commercial building. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales) and NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits), the following findings and facts in support of the findings for a use permit 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 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 Newport Beach Police Department (NBPD) divides the City into areas referred to as Reporting Districts. The Project is located within Reporting District (RD) 15 which stretches from 20th Street to 37th Street along the Newport Beach Peninsula. The Part One Crimes1 crime rate in RD 15 was 136 crimes reported in 2020, which is higher than adjacent reporting districts RD 13, RD 16, and RD 12 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. Further, Lido Marina Village (LMV) 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. 2. The NBPD has reviewed the proposed use, provided operating conditions of approval, and has no objection to the addition of the Type 47 alcoholic beverage license subject 1 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. 14 Planning Commission Resolution No. PC2021-033 Page 3 of 14 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 13, RD 16 and 12. There have been seven police dispatch events since January 1, 2019 at the subject location. Based on the operational characteristics of the proposed use, the NBPD has reviewed the proposal 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 mile to the west. The nearest church, St. James Episcopal Church, is located approximately 600 feet to the south of the subject property along Via Lido. The nearest school, Newport Elementary School, is located approximately one mile to the southeast along West Balboa Boulevard. The project site is not located in close proximity to a daycare center. The proposed use is otherwise surrounded by other commercial retail and office 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, Lido Marina Village, has greater distance from sensitive land uses than other commercial areas on the peninsula. The nearest residential uses are located in the adjacent mixed-use building with the residential units being located on the upper levels away from the ground floor restaurant. 4. Eating and drinking establishments with alcohol service are common in Lido Marina Village and the proposed ABC license in conjunction with an early closing hour (11:00 p.m.) is not anticipated to alter the operational characteristics of the use 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. 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 Project is expected to be located in close proximity to other food service establishments. 15 Planning Commission Resolution No. PC2021-033 Page 4 of 14 This includes approved applications for Nobu, a food service with late hours, outdoor dining, and a Type 47 (On-Sale General) alcohol license located at 3450 Via Oporto; Circle Hook, a food service with outdoor dining, a Type 47 (On-Sale General) alcohol license and no late hours located at 3432 Via Oporto; Lido Bottle Works, a food service with late hours, outdoor dining, a Type 41 alcohol license, and a Type 20 (Off Sale Beer and Wine) alcohol license; and Malibu Farm, a food service with outdoor dining, a type 47 (On-Sale General) alcohol license, and no late hours. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. 2. The per capita ratio of one license for every 69 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, alcohol 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 Project 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 NBPD 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 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 Title 20 (Planning and Zoning) 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 NBPD 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 11 p.m., food service from the regular menu shall be made available to patrons until closing, and there will be no live entertainment or dancing, 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 receive ABC-required training in responsible methods and skills for selling alcohol beverages. 5. The subject suite was previously utilized as an office and alcohol storage space for a charter boat operation, which had ABC licenses for several boats in their fleet (Type 54 – On-Sale General Boat). At least three of the charter boats received Type 54 Licenses. 16 Planning Commission Resolution No. PC2021-033 Page 5 of 14 The charter boat operation is no longer operating at Lido Marina Village and the Project would result in an overall reduction of ABC licenses at this location. Finding B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. The MU-W2 (Mixed-Use Water 2) General Plan and MU-W (Mixed-Use Water Related) 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 does not include residential uses, the proposed eating and drinking establishment is consistent with the visitor-serving land uses intended for the MU-W2 and MU-W land used designations. 2. The requested outdoor dining patio is 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 serve visitors and local residents.” The proposed outdoor dining patio provides an amenity for coastal visitors to enjoy the bay frontage. 3. The Circulation Element Goal 7.1 (Parking) 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 (Use Permit No. UP2017-019) demonstrates that an adequate supply of parking will be provided based upon the shared use of parking within Lido Marina Village. 4. Pursuant to Coastal Land Use policies the project will provide public access via a public walkway along the waterfront with a 6-foot minimum width along the bay. 5. The Property is not 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. Fact in Support of Finding 1. The MU-W2 (Mixed Use Water) 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 MU-W2 (Mixed-Use Water) Zoning District. 17 Planning Commission Resolution No. PC2021-033 Page 6 of 14 2. NBMC Subsection 20.48.090(G)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining patio is only 199 square feet and would close at 11 p.m. minimizing noise impacts to residents located across Newport Harbor. 3. The proposed restaurant use and required parking is consistent with the Lido Marina Village Parking Management Program authorized under Use Permit No. UP2017-019, which authorized a specific amount of restaurant space in the shopping center. The proposed tenant improvement for this project is compliant with the approved maximum area allowed for restaurant uses in Lido Marina Village. Due to the limited amount of restaurant square footage remaining, the Applicant has voluntarily forfeited their approved entitlement (UP2019-022) for the expansion of the existing Malibu Farm restaurant at 3424 Via Oporto. The expansion authorized under Use Permit No. UP2019-022 has not been constructed. The square footage allocated to the Malibu Farm expansion has been reallocated to the Project. A condition of approval has been included that would allow reinstatement of the existing UP2019-022 by the Community Development Director should the proposed use permit No. UP2021-029 expire. 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 commercial tenant space is being improved with a kitchen and indoor and outdoor dining areas. Communal restrooms would be utilized pursuant to the approved Master Restroom Plan. The existing infrastructure is adequate to accommodate the eating and drinking establishment. The location is compatible with other commercial uses in the area and serves as a supporting restaurant use within Lido Marina Village. The eating and drinking establishment also serves as an important visitor-serving use that benefits the area, which is in furtherance of the City’s Coastal Land Use Plan and the Coastal 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 Marina Village (Use Permit No. UP2017-019). 18 Planning Commission Resolution No. PC2021-033 Page 7 of 14 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. Applicant is required to maintain substantial conformance with the approved floor plan in conjunction with a Type 47 (On Sale General - Eating Place) alcohol license so that the restaurant’s primary use is an eating and drinking establishment and not a bar, lounge, or night club. 4. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to NBMC Section 20.30.070 (Outdoor Lighting). 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. 2. Adequate public and emergency vehicle access is provided from Via Oporto and from Via Lido, and 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 require approval 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. 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 music on the patio off at 10 p.m. will ensure the restaurant will remain in compliance with NBMC Chapter 10.26 (Community Noise Control). 19 Planning Commission Resolution No. PC2021-033 Page 8 of 14 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 this project is categorically exempt from the California Environmental Quality Act 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 UP2021-029 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. PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF DECEMBER, 2021. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Lee Lowrey, Chairman BY:_________________________ Curtis Ellmore, Secretary 20 Planning Commission Resolution No. PC2021-033 Page 9 of 14 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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 Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. Upon exercising this use permit (UP2021-029), the previously approved Use Permit No. UP2019-022 (PA2019-057) shall be deemed void. The Community Development Director may reinstate UP2019-022 if the subject use permit expires (UP2021-029). 5. No off-sale of alcoholic beverages is permitted. 6. Pursuant to NBMC Section 20.48.090 the sale or service of alcoholic beverages from the pass through window is prohibited. A sign shall be installed at the pass through/walk up window that states this requirement. 7. The hours of operation for the restaurant (interior and exterior) shall be limited to 9:00 a.m. to 11:00 p.m., daily. 8. Music on the outdoor patio shall cease by 10:00 p.m., daily. 9. The “net public area” shall not exceed 347 square feet for the interior of the subject restaurant facility. 10. The outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining area shall be limited to 199 square feet in area. 11. Fences, walls, or similar boundaries shall serve only to define the outdoor dining area and not constitute a permanent all-weather enclosure. 12. There shall be no dancing allowed on the premises. 21 Planning Commission Resolution No. PC2021-033 Page 10 of 14 13. 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. 14. 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. 15. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 16. Prior to permit issuance, the applicant shall pay fair share traffic fees for the proposed restaurant use. 17. 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. 18. Use Permit No. UP2021-029 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 19. 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. 20. 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. 21. Prior to the 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. The site 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. 22 Planning Commission Resolution No. PC2021-033 Page 11 of 14 23. 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. 24. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 25. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 26. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 27. No outside paging system shall be utilized in conjunction with this establishment. 28. 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. 29. 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 right-of-way. 30. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 31. The owner/operator shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in 23 Planning Commission Resolution No. PC2021-033 Page 12 of 14 compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 32. 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. 33. 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. 34. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 35. 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 Newport Beach Municipal Code. 36. 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 Skal Minor Use Permit including, but not limited to, Minor Use Permit No. 2021- 029 (PA2021-149). 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. Fire Department 37. The project shall comply with the following Codes: a. CMC Chapter 517 (2019) b. CFC Chapter 607, 906.4, 904 (2019) c. NFPA 96 Chapter 14 38. A fixed suppression system shall be required for all cooking appliances. 24 Planning Commission Resolution No. PC2021-033 Page 13 of 14 Building Division 39. Prior to the issuance of building permits, Health Department approval is required. Public Works Department 40. Grease interceptor shall be located outside of the utility easement and shall not impact the existing storm drain. 41. The 6-foot pedestrian easement shall remain open and clear of any obstructions. Police Department 42. The owner/operator 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. 43. 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 must 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 of approval. 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. 44. The eating and drinking establishment shall close no later than 11:00 p.m. 45. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 46. 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. 47. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 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 9:00 p.m. 25 Planning Commission Resolution No. PC2021-033 Page 14 of 14 50. Food service from the regular menu shall be made available to patrons until closing. 51. The owner/operator 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. 52. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 53. “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. Strict adherence to maximum occupancy limits is required. 55. The owner/operator shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. 56. 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. 26 Attachment No. PC 2 Applicant’s Project Description 27 INTENTIONALLY BLANK PAGE28 ARCHITECTURE AND INTERIORS 3404 Via Oporto Suite 201 Newport Beach California 92663 T: 949 500 9416 PROJECT DESCRIPTION FOR SKAL Project Address: 3400 Via Oporto, Suite 104, Newport Beach, CA 92663 The proposed project consists of the tenant improvement of two existing 1st floor suite in existing two story commercial buildings, into an indoor/outdoor boutique restaurant and bar. The proposed project is a new concept conceived by Helene Henderson of Malibu Farm restaurants called Skal which means “shell” in Swedish, Helene grew up in Sweden. As background, Helene Henderson started Malibu Farm with wildly popular cooking classes and farm dinners out of her small farm in Malibu, California. It then became a 6 month pop up in an abandoned Ruby’s at the end of the moribund Malibu Pier and single-handedly transformed the neglected Pier into the thriving destination it is today. After two years with just the cafe, Malibu Farm also took over the front Restaurant & Bar on the Pier. Malibu Farm currently has locations in Malibu, Lanai, and Miami Beach, and in Rick Caruso’s beachfront Rosewood hotel in Montecito. All our locations are waterfront, as locale and setting are very important to Malibu Farm which is one of the many reasons why the Newport location is such a good fit. Malibu Farm’s mantra is Fresh/Organic/Local and in all the locations, included the proposed Newport location all efforts will be made to source local, fresh, organic product which will be prepared simply, with whole wheat flours, whole grains, lots of veggies, and fruits. Skal will follow this same mantra translated into a wood-fired pizza concept. Skal will be a casual, family friendly, restaurant that welcomes everyone, from the beachgoers in board shorts and flip-flops to people enjoying a night out. The proposed project will add to the existing/approved mix of restaurants in the Lido Marina Village development, by adding a casual dining experience with innovative offerings. Site Information Proposed CUP Tabulations Restaurant: 1,254 sq. ft. (indoor seating) 219 sq. ft. (outdoor seating) `` Total: 1,473 sq. ft. Common Area Restrooms: Distance 190 ft. Landscaping: Refer to approved CUP UP2014-014 (PA2014-002) No site work improvement under Skal’s scope of work. Paving: Refer to approved CUP UP2014-014 (PA2014-002 No site work improvement under Skal’s scope of work. Parking Refer to approved CUP UP2014-014 (PA2014-002 No site work improvement under Skal’s scope of work. Operations, Food and Beverage PA2021-149 RAND KRUSE 29 ARCHITECTURE AND INTERIORS 3404 Via Oporto Suite 201 Newport Beach California 92663 T: 949 500 9416 Hours of operation to serve breakfast, lunch and dinner (see attached menus): Monday – Thursday: 9am – 10pm Friday – Sunday: 9am – 11pm Note: No difference in operating hours between exterior and interior dining. The restaurant will provide the following beverage items: Soft Drinks Coffee/Tea Beer Wine Liquor/Spirits Alcohol License type: 47 Food to Alcohol sales ratio: 70% Food & Non-Alcoholic Beverages / 30% Alcohol Employees per shift: 9 Seating Capacity (see attached Furniture Plan): 25 Indoor 18 Outdoor TOTAL: 43 N et Public Area: 347 sq.ft. Indoor 219 sq.ft. Outdoor TOTAL: 566 sq.ft. Grease Interceptor: Below ground Trapzilla located in the exterior breezeway. See site plan. Entertainment The operator is proposing to play ambient/background amplified music through a series of indoor speakers. The noise level will be maintained between 60db and the ambient noise level, per Chapter 10.26 of the Newport Beach Municipal Code. No dancing is proposed as part of the restaurant operations. Sample Menu PA2021-149 RAND KRUSE 30 SKAL MENU PIZZAS Avocado, ricotta crema, jalapeno, cilantro lime Heirloom Tomato burrata spinach BBQ corn, roasted red bell peppers chicken Butternut squash, ricotta cheese and pancetta Greek salad hummus Egg, tomato, bacon Ricotta blueberry maple SALADS Spinach salad, capers, eggs, turkey Kale, raisin, cheese, walnuts, bread crumbs Delicata squash, red lentils, baby arugula Zucchini ribbon, parmesan, arugula Romain, bacon vinaigrette, soft boiled egg Iceberg, ranch dressing, raw cauliflower, CRUDITE BOARDS Cheese board Meat board Fish board Vegetable board DESSERTS PA2021-149 31 Caramel Coconut flan Tres vegan leche flan Beet raspberry flan Princess cake Almond cake PA2021-149 32 Attachment No. PC 3 Police Department Memorandum 33 INTENTIONALLY BLANK PAGE34 35 36 37 38 39 INTENTIONALLY BLANK PAGE40 Attachment No. PC 7 Attachment Name Attachment No. PC 4 Project Plans 41 INTENTIONALLY BLANK PAGE42 UP PL 3416 VIA OPORTO 3412 VIA OPORTO 3408 VIA OPORTO 3404 VIA OPORTO 3400 VIA OPORTO V I A O P O R T O V I A L I D O PL PL PL PL 10'-0"4'-0"6'-0"3388 VIA LIDO 2 A.1.0 0'-0" A.F.G T.O. (E) DECKING 0'-0" A.F.G T.O. (E) DECKING CCC (E) COMMON AREA RESTROOMS 190' FEET TRAVEL DISTANCE. SHEET NUMBER: REVISIONS SITE PLAN SHEET NAME: PREPARED BY: OWNER: PROJECT: STAMP:JOB NUMBER:XXXXX DATE:00.00.00 CONSULTANT: DRAWINGS AND WRITTEN MATERIAL APPEARING HEREINCONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF PD&C, INC.dba RAND KRUSE AND MAY NO BE DUPLICATED, USED ORDISCLOSED WITHOUT WRITTEN CONSENT OF PD&C, INC. dbaRAND KRUSE. A CUP LIDO GROUP RETAIL, LLC 7777 EDINGER AVE. STE 103 HUNTINGTON BEACH, CA 92647 TENANT IMPROVEMENT OF 3400 VIA OPORTO SUITE 104 NEWPORT BEACH, CA 92663 N01 SITE PLAN SCALE: 116" = 1'-0" 02 ABC BARRIER SCALE: NTS PROPERTY LINE PROPOSED EXTERIOR NET PUBLIC AREA ACCESSIBLE PATH OF TRAVEL SITE PLAN LEGEND FLOOR AREA TABULATIONS SITE PLAN NOTES 1. SCREEN ALL MECHANICAL EQUIPMENT PER CITY OF NEWPORT BEACH AND LANDLORD REQUIREMENTS. 2. FINAL APPROVAL SUBJECT TO ON-SITE INSPECTION. AREA OF APPLICATION, 3400 VIA OPORTO, SUITE 104 OUTDOOR DINING, TYP. LEGAL OWNER: LIDO GROUP RETAIL, LLC 7777 EDINGER AVE. STE 103 HUNTINGTON BEACH, CA 92647 PROPERTY LOCATION: 3400 VIA OPORTO, SUITE 104 NEWPORT BEACH, CA 92663 APN: 423-123-07 ZONING: MU-W2, MIXED USE WATER RELATED USE: EXISTING - OFFICE, STORAGE PROPOSED - RESTAURANT FIRE SPRINKLERS: YES CONSTRUCTION: V-B SITE PLAN INFORMATION PROPOSED SCOPE OF WORK CHANGE OF USE FROM STORAGE AND OFFICE TO RESTAURANT. TENANT IMPROVEMENT TO AN EXISTING 1ST FLOOR SUITE IN AN EXISTING 2-STORY COMMERCIAL BUILDING. AREA MAP BELOW GRADE GREASE INTERCEPTOR. CAPTIVE-AIRE VERTICAL GREASE DUCT. 3400 VIA OPORTO, #104 S.F. TABULATIONS (THIS APPLICATION) OUTDOOR = 219 SQ.FT. INDOOR = 1,254 SQ.FT. TOTAL = 1,473 SQ.FT. GROSS FLOOR AREA OUTDOOR = 219 SQ.FT. INDOOR = 347 SQ.FT. TOTAL = 566 SQ.FT. NET PUBLIC AREA (N) RESTAURANT SEATING (SEE FLOOR PLAN) OUTDOOR = 18 INDOOR = 27 TOTAL = 45 APPLICANT IS FORFEITING APPROVED NET PUBLIC AREA UNDER USE PERMIT UP2019-022. LOCATED AT 3424 VIA OPORTO, SUITE 103. 3424 VIA OPORTO, SUITE 103 TABULATIONS (FORFEITED) 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 C USE PERMIT, 2nd 1. (E) COMMON AREA RESTROOM FINISHES ARE AS FOLLOWS: 1.1. FLOOR: CERAMIC HEX TILE. 1.2. WALL BASE: 6" SANITARY COVE BASE. 1.3. WALLS: 48"H CERAMIC TILE WAINSCOT W/ SEMI-GLOSS PAINTED GYP. BD. ABOVE. 1.4. CEILING: SEMI-GLOSS PAINTED GYP. BD. 2. (E) COMMON AREA RESTROOM DOORS HAVE SELF CLOSING DEVICES. 3. (E) TOILET ROOMS ARE VENTED TO THE OUTSIDE BY MEANS OF AN EXHAUST FAN. 4. TOILET TISSUE IS PROVIDED IN A PERMANENTLY INSTALLED DISPENSER AT EACH TOILET. 5. (E) HAND WASHING FACILITIES IN THE (E) RESTROOMS ARE SUPPLIED WITH WARM WATER SUPPLIED THROUGH A MIXING VALVE OR COMBINATION FAUCET AT A TEMPERATURE OF AT LEAST 100 DEG. F. 6. SEE THIS SHEET FOR PATH AND DISTANCE TO RESTROOMS. COMMON AREA RESTROOM NOTES D FOR PERMIT A1.0 PA2021-149 Attachment No. PC 4 - Project Plans 43 SHEET NUMBER: 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. dbaRAND KRUSE. LIDO GROUP RETAIL, LLC 7777 EDINGER AVE. STE 103 HUNTINGTON BEACH, CA 92647 TENANT IMPROVEMENT OF 3400 VIA OPORTO SUITE 104 NEWPORT BEACH, CA 92663 M,B M,B 2ND LEVEL OFFICES ANDRESTAURANT USES REQUIRED TOHAVE THEIR OWN ADA COMPLIANTRESTROOM(S) A CUP C USE PERMIT, 2nd D FOR PERMIT MRP PLUMBING FIXTURE COUNT AREA 'A' USE TYPE TOTAL SQUARE FOOTAGE OCCUPANT LOAD PLUMBING FIXTURE REQUIRED PLUMBING FIXTURE PROVIDED LAVATORY WATER CLOSET URINAL DRINKING FOUNTAIN LAVATORY WATER CLOSET URINAL DRINKING FOUNTAIN MW M W MW M W - M,B (ORIGINAL)24,933 SF 1200 OCC. = 125 11 2 2 1 1 45 4 6 11 3432 VIA OPORTO DINING (CIRCLE HOOK), PC #2185-2017 1,054 SF 130 OCC. = 35 11 1 1 0 0 3400 VIA OPORTO DINING (SKAL)1,453 SF 130 OCC. = 48 11 1 1 0 0 TOTAL: OCC. = 208 3 3 4 5 1145 4 6 11 PLUMBING FIXTURE COUNT AREA 'B' USE TYPE TOTAL SQUARE FOOTAGE OCCUPANT LOAD PLUMBING FIXTURE REQUIRED PLUMBING FIXTURE PROVIDED LAVATORY WATER CLOSET URINAL DRINKING FOUNTAIN LAVATORY WATER CLOSET URINAL DRINKING FOUNTAIN MW M W MW M W - M,B 8,889 SF 1200 OCC. = 45 11 1 1 0 1 11 1 1 0 1 PA2021-149 Attachment No. PC 4 - Project Plans 44 UP 7'-5"13'-6"35'-712"13'-5"26'-4" 4'-212"6'-0"13'-112"912"11'-9"8'-5"1 2 HC10'-7"11'-812"ACCESSIBLECLEARANCE4'-0"9'-10"10'-3"4'-0"4'-0"DDCDG G CG C DHDDDCHD03 04 05 06 07 01 02 03 04 05 06 07 08 09 10 13 14 15 16DINING 100 BAR 101 BACK OF HOUSE 102ICE CREAMROOM 103 (E) 6'-0"WPEDESTRIANRIGHT OF WAY(E) BOARDWALK PEDESTRIAN R.O.W. (E) BREEZEWAY(E) BREEZEWAY(E) BREEZEWAY6'-0" ADJACENT STRUCTURE (TRESS SALON). ADJACENT 5-STORY MIXED USE BUILDING 98 SF 33 SF 68 SF 18" PER NEWPORT BEACH ZONING CODE (20.48.090) NOALCOHOL SERVICE OR SALESAT WALK UP SERVICE WINDOW. SIGN TO BEPOSTED. 11 12 17 18 21 22 23 20 19 26 27 01 02 14 15 OPEN SPACEUNDER STAIRS SHALL NOT BEUSED FOR ANY PURPOSE. A 0 2 A BB CC 0 2 4A.3.1 1A.3.1 2A.3.2 3A.3.1 7A.3.1 2A.3.2 1A.3.2 6A.3.1 3A.3.2 5A.3.2 4A.3.2 Ø8" 1'-0" 1'-0" 3 3 5A.3.1 1 1 12 13 10 11 08 09 001 002 003 004 005 3 ACCESSIBLEENTRANCESEE 6/A6.0FOR IDENTIFICATION5 A6.0 13 A6.0 11 A6.0 13 A6.0 13 A6.0 3 A6.1 11 A6.0 12 A6.0 4'-0"1'-1012"7'-1112"9 A6.0 24 25 TYPE K TYPE2A: 10BC 3 A6.0 3 A6.0 6'-4"4'-612"12'-1"2'-812"WALK-IN REFRIGERATION 104 - A6.2 SHEET NUMBER: REVISIONS FLOOR 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. dbaRAND KRUSE. A PRELIMINARY LIDO GROUP RETAIL, LLC 7777 EDINGER AVE. STE 103 HUNTINGTON BEACH, CA 92647 TENANT IMPROVEMENT OF 3400 VIA OPORTO SUITE 104 NEWPORT BEACH, CA 92663 N01 FLOOR PLAN SCALE: 14" = 1'-0" 3400 VIA OPORTO, #104 S.F. TABULATIONS (THIS APPLICATION) OUTDOOR = 199 SQ.FT. INDOOR = 1,254 SQ.FT. TOTAL = 1,453 SQ.FT. GROSS FLOOR AREA OUTDOOR = 199 SQ.FT. INDOOR = 347 SQ.FT. TOTAL = 546 SQ.FT. NET PUBLIC AREA (N) RESTAURANT SEATING (SEE FLOOR PLAN) OUTDOOR = 15 INDOOR = 25 TOTAL = 40 XX XX (E) FIREPLACE TO REMAIN. (E) STAIRWAY TO 2ND FLOOR SUITE TO REMAIN. (N) PASS-THROUGH TAKE-OUT WINDOW. (N) FIXED GLASS WINDOW. EXISTING BUILDING SHELL TO REMAIN. NEW INSULATION AND GYP. BD. BY TENANT. INSULATION TO BE R-13 PER TITLE 24 PRESCRIPTIVE. EXISTING SHEAR WALL TO REMAIN. (N) ABC BARRIER PROPOSED INTERIOR NET PUBLIC AREA PROPOSED EXTERIOR NET PUBLIC AREA NEW EXIT SIGN. BATTERY BACKED. EDGE-LIT CLEAR ACRYLIC BLADE TYPE. MFG: LITHONIA, MODEL: EDG -W. SEE ELECTRICAL DRAWINGS. NEW EMERGENCY LIGHT FIXTURE. BATTERY BACKED. LANDLORD SPECIFICATION MFG: EELP MODEL: DEM LED - WH - EM SEE ELECTRICAL DRAWINGS. INTERIOR SEATING NUMBER. EXTERIOR SEATING NUMBER. x PROVIDE BACKING IN WALLS FOR WALL HUNG FIXTURES AND CABINETS AS REQUIRED.x 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.x F.E.C. FIRE EXTINGUISHER TO MATCH BUILDING STANDARD.x MAXIMUM DOOR OPERATION PRESSURE FOR INTERIOR DOORS SHALL BE 5LBS.x DOOR HARDWARE SHALL BE PUSH-PULL OR OTHER TYPE WITH DOES NOT REQUIRE GRASPING AND TURNING.x ALL DOORS SHALL HAVE WALL OR FLOOR STOPS TO PREVENT DAMAGE TO DOOR, HARDWARE OR ADJACENT WALL SURFACES.x CONTRACTOR TO VERIFY ALL KEY REQUIREMENTS WITH LANDLORD/OWNER AND SHALL COORDINATE BUILDING STANDARD CYLINDERS AND KEYWAYS AS REQUIRED.x ALL PARTITIONS ARE DIMENSIONED FINISH TO FINISH.x CONTRACTOR/TENANT MUST COMPLY WITH (2019 CBC 1011.5, AND 1011.6) FOR EXIT SIGN GRAPHICS, ILLUMINATION, AND POWER SOURCE.x CONTRACTOR TO PROVIDE EXIT SIGNS READILY VISIBLE TO CLEARLY INDICATE THE DIRECTION OF EGRESS TRAVEL. EXIT SIGNS SHALL BE PROPERLY ILLUMINATED. (2019 CBC 1011.5, 1011.6)x WALL AND CEILING MATERIALS SHALL NOT EXCEED FLAME SPREAD CLASSIFICATIONS IN 2019 CBC SECTION 803.1.1 AND TABLE 803.11. FLOOR PLAN NOTES FLOOR PLAN KEYNOTES FLOOR PLAN LEGEND (N) BELOW GRADE GREASE INTERCEPTOR (N) CAPTIVE-AIRE, STAINLESS STEEL EXPOSED GREASE DUCT. B USE PERMIT APPLICANT IS FORFEITING APPROVED NET PUBLIC AREA UNDER USE PERMIT UP2019-022. LOCATED AT 3424 VIA OPORTO, SUITE 103. 3424 VIA OPORTO, SUITE 103 TABULATIONS (FORFEITED) 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 PROPOSED SCOPE OF WORK CHANGE OF USE FROM STORAGE AND OFFICE TO RESTAURANT. TENANT IMPROVEMENT TO AN EXISTING SUITE IN AN EXISTING 2-STORY COMMERCIAL BUILDING. (E) BALCONY LINE ABOVE. (E) WINDOW TO BE REPLACED WITH A FIRE RATED GLAZING ASSEMBLY. (E) STAIRWAY LINE ABOVE. OPEN SPACE BELOW STAIRS SHALL NOT BE USED FOR ANY PURPOSE. 1. THIS PROJECT SHALL CONFORM TO: 2019 CALIFORNIA ADMINSTRATIVE CODE - (PART 1, TITLE 24 CCR) 2019 CALIFORNIA BUILDING CODE - (PART 2, TITLE 24, CCR) 2019 CALIFORNIA ELECTRICAL CODE - (PART 3 TITLE 24, CCR) 2019 CALIFORNIA MECHANICAL CODE - (PART 4, TITLE 24, CCR) 2019 CALIFORNIA PLUMBING CODE - (PART 5, TITLE 24, CCR) 2019 CALIFORNIA ENERGY CODE - (PART 6, TITLE 24, CCR) 2019 CALIFORNIA ELEVATOR SAFETY CONSTRUCTION CODE - (PART 7, TITLE 24 CCR) 2019 CALIFORNIA HISTORICAL CODE - (PART 8, TITLE 24) 2019 CALIFORNIA FIRE CODE - (PART 9, TITLE 24, CCR) 2019 CALIFORNIA EXISTING BUILDING CODE - (PART 10, TITLE 24 CCR) 2019 CALIFORNIA REFERENCED STANDARDS - (PART 12, TITLE 24, CCR) NFPA 96, CHAPTER 14. 2. A FIXED FIRE SUPPRESSION SYSTEM IS REQUIRED FOR ALL COOKING APPLIANCES. 3. GREASE INTERCEPTOR SHALL BE LOCATED OUTSIDE OF THE UTILITY EASEMENT AND NOT IMPACT THE EXISTING STORM DRAIN. 4. IF ADDITIONAL RESTAURANT USES ARE PROPOSED. A TRAFFIC STUDY MAY BE REQUIRED. USE PERMIT NOTES C USE PERMIT, 2nd A1.2 D USE PERMIT, 3rd D D D D PA2021-149 Attachment No. PC 4 - Project Plans 45 INTENTIONALLY BLANK PAGE46 Skal Restaurant 3400 Via Oporto Planning Commission Public Hearing December 9, 2021 Planning Commission - December 9, 2021 Item No. 2 - Additional Materials Presented at Meeting by Staff Skal Restaurant Minor Use Permit (PA2021-149) Vicinity Map Community Development Department -Planning Division 2 Project Location Planning Commission - December 9, 2021 Item No. 2 - Additional Materials Presented at Meeting by Staff Skal Restaurant Minor Use Permit (PA2021-149) Project Overview Convert vacant commercial space to restaurant 1,453 gross SF 199 SF patio 40 seats total Type 47 ABC License Beer, wine, liquor Closing hour of 11:00 p.m. Community Development Department -Planning Division 3 Planning Commission - December 9, 2021 Item No. 2 - Additional Materials Presented at Meeting by Staff Skal Restaurant Minor Use Permit (PA2021-149) Project Details No objections from PD Net reduction in ABC Licenses No late hours Pass through window for take- out No alcohol allowed Parking complies Maximum 15,964 SF for restaurants Forfeiting Malibu Farm Expansion MUP Community Development Department -Planning Division 4 Planning Commission - December 9, 2021 Item No. 2 - Additional Materials Presented at Meeting by Staff Skal Restaurant Minor Use Permit (PA2021-149) Malibu Farm Relationship Community Development Department -Planning Division 5 Existing Malibu Farm Approved Malibu Farm Expansion Skal Planning Commission - December 9, 2021 Item No. 2 - Additional Materials Presented at Meeting by Staff Skal Restaurant Minor Use Permit (PA2021-149) Community Development Department -Planning Division Floor Plans Indoor Dining Outdoor Dining Planning Commission - December 9, 2021 Item No. 2 - Additional Materials Presented at Meeting by Staff Skal Restaurant Minor Use Permit (PA2021-149) Recommended Action Conduct a public hearing Find the Project Categorically Exempt from CEQA Approve the Resolution Community Development Department -Planning Division 7 Planning Commission - December 9, 2021 Item No. 2 - Additional Materials Presented at Meeting by Staff Skal Restaurant Minor Use Permit (PA2021-149) For more information Contact Liz Westmoreland Associate Planner 949-644-3234 lwestmoreland@ newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 8 Questions? Planning Commission - December 9, 2021 Item No. 2 - Additional Materials Presented at Meeting by Staff Skal Restaurant Minor Use Permit (PA2021-149)