HomeMy WebLinkAboutPA2023-0065_20230622_CDD_Action LetterCommunity Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
June 22, 2023
GB Architecture
Attn: Rick Guina
17985 Sky Park Cir.
Irvine, CA 92614
rick@gb-archdesign.com
Subject: PA2023-0065
2600 E. Coast Highway, Suite 150 and 160
Bamboo Bistro Interior Dining Area Relocation
Dear Mr. Guina,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Community Development
Director on June 22, 2023 and effective on July 7, 2023. A copy of the approved
action letter with findings and conditions is attached. If you have any questions,
please do not hesitate to contact me directly. Thank you and I look forward to working
with you again in the future.
Sincerely,
DL/oo
cc:
Chau Haller
2600 E. Coast Highway, Unit 160
Newport Beach, CA 92625
chauhaller@yahoo.com
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR ACTION LETTER
Subject: Bamboo Bistro Interior Dining Area Relocation (PA2023-0065)
▪ Staff Approval
Site Location 2600 East Coast Highway, Suites 150 and 160
Applicant GB Architecture, Rick Guina
Legal Description Parcel 1 of Parcel Map No. 84-722
On June 22, 2023, the Community Development Director approved Staff Approval PA2023-
0065, authorizing the relocation of the interior dining seating of an existing food service,
eating and drinking establishment (Bamboo Bistro, Suite 160) to the adjacent tenant space
within the building (Suite 150) further described in “Proposed Changes” below.
LAND USE AND ZONING
• General Plan Land Use Plan Category: CC (Corridor Commercial)
• Zoning District: CC (Corridor Commercial)
BACKGROUND AND CURRENT OPERATION
On December 11, 1997, Specialty Food Permit No. SF0060 was approved to authorize the
establishment of a 2,000-square-foot specialty food service facility (Bamboo Bistro).
Bamboo Bistro is located on the first floor (Suite 160) of a multi-tenant commercial building
on the southeast corner of East Coast Highway and Fifth Avenue in Corona del Mar. SF0060
limited the maximum number of seating/or stand-up counter space in the restaurant to no
more than 20 customers. The hours of operation were limited to between 11 a.m. to 9 p.m.,
Monday through Saturday, and 3 p.m. to 8 p.m. on Sunday. In conjunction with SF0060,
Outdoor Dining Permit No. OD0028 was approved establishing an accessory outdoor dining
patio to be used in conjunction with Bamboo Bistro. The patio is limited it to a maximum of
25 percent of the indoor net public area (115 square feet). Use of the outdoor dining patio is
required to cease at dusk.
On February 5, 1998, Use Permit No. UP3620 and Planning Director’s Use Permit No.
UPD014 were approved for a parking waiver (2 spaces) and to allow the conversion of
Bamboo Bistro to a full-service small scale eating and drinking establishment which includes
the sale of beer and wine. The conditions of approval from SF0060 associated with the
maximum number of seating/or stand-up counter space of 20 customers, as well as the
hours of operation, remained.
Bamboo Bistro’s Interior Dining Area Relocation (PA2023-0065)
June 22, 2023
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PROPOSED CHANGES
Due to the increased demand for takeout and the limited space in the existing suite for both
the takeout and interior sit-down dining operations, Bamboo Bistro is proposing to relocate
its interior dining seating to the adjacent tenant space (Suite 150), which was previously a
medical office, but is currently vacant. The relocation of the dining area would allow for
improved operation of both the interior dining and take-out components, as there is currently
insufficient space to efficiently run both operations. The relocated interior dining area
includes a total of 20 seats which will continue to comply with the maximum allowed 20 seats
as required by UP 3620. The relocated interior dining area will allow for the existing takeout
component to continue to operate in Suite 160. Along with the dining area, Suite 150 will
include the addition of a new reception counter, lobby, food prep area and storage space,
which does not require additional parking. Suite 150 is currently vacant but was previously
occupied by a medical office use. The restaurant will maintain operational hours between
11 a.m. to 9 p.m., Monday through Saturday, and 3 p.m. to 8 p.m. on Sunday. No changes
are proposed to the existing outdoor dining.
As proposed, the new operations comply and are in substantial conformance with
UP3620, UPD014, and OD0028.
See Table 1 below for the proposed occupancies of tenant spaces.
Table 1: Proposed Changes
Suite(s) Current Use Proposed Use
160 Restaurant (Bamboo Bistro)
• Takeout component
• Outdoor dining
• Kitchen
• Storage
• Interior sit-down
dining
Restaurant (Bamboo Bistro)
• Takeout component
• Outdoor dining
• Kitchen
• Storage
150 Vacant Restaurant (Bamboo Bistro)
• Interior sit-down dining
• Food prep area
• Reception counter
• Lobby
• Storage
FINDINGS
Pursuant to Section 20.54.070 (Changes to an Approved Project) of the Newport Beach
Municipal Code (NBMC), the Community Development Director may authorize minor
changes to an approved site plan, architecture, or the nature of the approved use without
a public hearing, and waive the requirement for a new use permit application. In this
case, the Community Development Director has determined that the proposed relocation
Bamboo Bistro’s Interior Dining Area Relocation (PA2023-0065)
June 22, 2023
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is in substantial conformance with the existing restaurant operation due to the project’s
changes:
Finding:
A. Are consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1. Restaurants are a permitted use in the Commercial Corridor (CC) zoning district,
subject to the approval of a use permit. The proposed changes are consistent with
the operational characteristics approved by UP3620, UPD014, and OD0028.
2. Adequate off-street parking is provided in conjunction with the proposed dining
area relocation. The relocated dining use does not generate increased parking
demand beyond the requirements from UP3620, Planning Director’s Use Permit No.
UPD014, which required five (5) parking spaces for the restaurant based on the
number of seats in the dining area. The relocation of the restaurant into Suite 150
does not require additional parking and eliminates the 12-space parking demand of
the previous medical office.
Finding:
B. Do not involve a feature of the project that was a basis for or subject of findings or
exemptions in a negative declaration or Environmental Impact Report for the
project.
Fact in Support of Finding:
1. The proposed changes to the existing restaurant will not compromise the original
Class 1 (Existing Facilities) exemption under the California Environmental Quality Act
(CEQA) Guidelines. The Class 1 exemption includes the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or
private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of use. The subject application involves minor
alterations to existing commercial tenant spaces.
Finding:
C. Do not involve a feature of the project that was specifically addressed or was the
subject of a condition(s) of approval for the project or that was a specific
consideration by the applicable review authority in the project approval.
Bamboo Bistro’s Interior Dining Area Relocation (PA2023-0065)
June 22, 2023
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Facts in Support of Finding:
1. The proposed minor changes do not involve a feature that was specifically
addressed in the staff report, or the minutes prepared for UP3620, UPD014, and
Outdoor Dining Permit No. OD0028. The proposed changes comply with the
maximum number of seating/or stand-up counter space in the restaurant of no more
than 20 customers. The existing restaurant includes a takeout component as
established with UP3620. The relocation of the restaurant indoor dining area will
allow more space for the existing takeout component to operate more efficiently.
2. The restaurant’s dining area is proposed to be in operation from 11 a.m. to 9 p.m.,
Monday through Saturday, and 3 p.m. to 8 p.m. on Sunday. The hours of operation
are not proposed to be changed and continue to comply with the conditioned hours
of operation established in UP3620 and UPD014.
3. Building permits are required for tenant improvements and change of occupancy.
The project also must comply with disabled access requirements.
Finding:
D. Do not result in an expansion or change in operational characteristics of the use.
Facts in Support of Finding:
1. The proposed relocation of the restaurant indoor dining area is minor in nature and
does not represent a substantial change in the operational characteristics of the
existing sit down and take out restaurant that was approved. The existing
restaurant located in Suites 160 needs additional space for the take-out operation,
and the relocation of the dining area does not change the operational
characteristics of the use. There is no expansion of indoor dining area proposed
with this relocation, as it will continue to provide a total of 20 seats.
2. The proposed relocation of the restaurant dining area will replace the previous
physical therapy medical office. The proposed tenant space will consist of a new
reception area, lobby area, dining area, food prep area, storage space and
restroom.
CONDITIONS
1. The development shall be in substantial conformance with the approved site plan
and floor plan stamped and dated with the date of this approval (except as modified
by applicable conditions of approval).
2. All applicable conditions of approval for Use Permit No. UP3620, Planning Director’s
Use Permit No. UPD014, and Outdoor Dining Permit No. OD0028 shall remain in
effect.
Bamboo Bistro’s Interior Dining Area Relocation (PA2023-0065)
June 22, 2023
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3. The Community Development Director may add to or modify conditions to this staff
approval, or revoke this staff approval upon determination that the operations, which
is the subject of this staff approval, causes injury, or is detrimental to the public health,
safety, peace, or general welfare of the community or if the property is operated or
maintained so as to constitute a public nuisance.
4. The Applicant is required to obtain all applicable permits from the City Building
Division and Fire Department. Prior to the issuance of any building, mechanical,
and/or electrical permits, architectural drawings and structural design plans shall be
submitted to the City of Newport Beach for review and approval by the applicable
departments. A copy of these conditions of approval shall be incorporated into the
drawings approved for the issuance of permits.
5. The project shall be designed to comply with all disabled access requirements.
6. The project shall install a new sewer clean out on the existing sewer lateral per City
Standard 406.
7. The applicant shall remove the temporary outdoor dining area and affiliated
encroachments within the Fifth Avenue public right of way and restore/repair the area
to pre-project conditions.
8. The project shall comply with the 2022 California Code Edition.
9. Prior to the issuance of a building permit, the applicant shall provide a full building
code analysis on occupancy, type of construction, actual/allowable floor area,
actual/allowable height, number of stories, and sprinkler system.
10. Prior to issuance of a building permit, the applicant shall provide a full egress analysis
plan.
11. Prior to issuance of a building permit, the applicant shall provide a plumbing fixture
counts analysis for the restaurant use.
12. Prior to issuance of building permits, the applicant shall identify whether the building
is protected with a fire sprinkler system or if a fire alarm system is installed.
Modifications to the building may require an F-Permit to modify fire sprinkler or fire
alarm systems.
13. 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
Bamboo Bistro’s Dining Area Relocation including, but not limited to, Staff
Bamboo Bistro’s Interior Dining Area Relocation (PA2023-0065)
June 22, 2023
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Approval (PA2023-0065). 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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community
Development or City Clerk, as applicable, within fourteen (14) days following the date the
action or decision was rendered. For additional information on filing an appeal, contact the
Planning Division at 949-644-3200.
Prepared by: Approved by:
DL/oo
Attachments:
CD 1 Vicinity Map
CD 2 Applicant’s Project Description
CD 3 Project Plans
Attachment No. CD 1
Vicinity Map
Tmplt: 07/25/19
VICINITY MAP
Staff Approval
PA2023-0065
2600 E. Coast Highway, Suite 150 and 160
Subject Property
Attachment No. CD 2
Project Description
- 1 -
May 18, 2023 David Lee Senior Planner Community Development, City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 Project Name: Bamboo Bistro Project Address: 2600 East Coast Hwy., Suite 150 and 160 Subject: Letter of Justification – Minor Use Permit (MUP) for the proposed expansion of an existing restaurant. Mr. Lee: The ownership of Bamboo Bistro restaurant proposes the renovation and transformation of their existing facility located as noted above in suite 160. The scope includes the expansion into an empty suite 150, immediately adjacent to the existing restaurant suite. The proposed expansion involves a tenant improvement of the new suite (150) to include a kitchen prep area, dining room, reception, a single use restroom, and cold and dry storage rooms. This new suite is 2,264 square feet in size within an existing multi-tenant, 2 story retail/office building. The newly expanded suite shall have 20 seats maximum for dining with 500 sq. ft. of net public area. The existing suite shall be converted to a “take-out limited” facility for customer pick up of online orders and call in orders. The dining component shall be reduced to 6 seats maximum. This existing suite has a total area of 1,810 square feet with 115 square feet of outdoor area. See exhibit, last page for Comparison Table. Justifications and Findings: The project’s location within the CC zone (Commercial Corridor) in the Corona Del Mar area of Newport Beach is consistent with the city’s general plan. The existing facility, established in the year 2001, is at the northeast corner of 5th Avenue and Coast Hwy. is compatible with the allowed uses within the pedestrian friendly neighborhood. Its design and size with a pair of entry doors at both suites, right off the city sidewalk is conducive to foot traffic and vehicle access, including medical and fire emergency personnel. Ample street and off-street parking including vehicle circulation exists within and around the restaurant and building in which it resides. Its expansion and clear delineation with separate dining facility and take out limited facility, will ease operation for the restaurant and customers alike. Those customers for dining shall have a separate entrance from those for takeout only and should provide a more orderly circulation for the public as well as for the restaurant employees.
Bamboo Bistro GB Architecture Corona Del Mar, Newport Beach May 18, 2023
- 2 -
In conclusion, the proposed restaurant expansion and remodel project would not pose any detriment to the harmonious and orderly growth of the city, or endanger or constitute any hazard to the public convenience, safety, health, interest, and general welfare of persons residing or working in the neighborhood of the proposed work. If you have any questions or concerns, please call me. Sincerely, Rick Guina, R.A. GB Architecture Tel: (714) 486-3318 Email: rick@gb-archdesign.com Copy: Chau Haller, Bamboo Bistro (continued)
Attachment No. CD 3
Project Plans