HomeMy WebLinkAbout2362 SAN MIGUEL_WHAT'S COOKING11111111 lill 111111111111111111111111111111111111
Planning Commission Meeting April 21, 1994
Agenda Item No. 2
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No 1806 (Amended) (Public Hearing)
Request to amend a previously approved use permit which allowed the
establishment of a restaurant facility with on -sale alcoholic beverages
and outdoor seating on property located in Commercial Area No. 14
of the Harbor View Hills Planned Community. The proposed
amendment includes a request to expand the existing restaurant into
an adjoining commercial space and to construct a small addition to the
existing restaurant space; to expand the lounge/bar area; to change the
opening hour from 7:30 a.m. to 6:30 a.m. and to change the closing
hour from 11:00 p.m. to 2:00 a.m., daily; and to add live entertainment
consisting of a piano bar.
LOCATION: Lot 1, Tract No. 9014, located at 2632 San Miguel Drive, on the
southeasterly corner of San Miguel Drive and Ford Road, in the
Newport Hills Commercial Center of the Harbor View Hills Planned
Community.
ZONE: P-C
APPLICANT: What's Cooking, Newport Beach
OWNER: The Irvine Company, Newport Beach
Application
This application involves a request to amend a previously approved use permit which
allowed the establishment of a restaurant facility with on -sale alcoholic beverages and
outdoor seating on property located in Commercial Area No. 14 of the Harbor View Hills
Planned Community. The proposed amendment includes a request to expand the existing
restaurant into an adjoining commercial space and to construct a small addition to the
existing restaurant space; to expand the lounge/bar area; to change the opening hour from
7:30 a.m. to 6:30 a.m. and to change the closing hour from 11:00 p.m. to 2:00 a.m., daily;
and to add live entertainment consisting of a piano bar. Use permit procedures are set forth
in Chapter 20.80 of the Municipal Code.
TO: Planning Commission - 2
Environmental Significance
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class I (Existing
Facilities).
nformance_with
This project is located within Area No.14 of the Harbor View Hills Planned Community.
The land Use Element of the General Plan designates the subject site for "Retail and
Service Commercial" uses. A restaurant is a permitted use within this designation, The
Land Use Element has also established area specific land use policies throughout the City.
These "area" policies set a floor area ratio (RA.R.) development limit of 0.3 (106,217 sq.ft.)
on the subject property. Although a portion of the subject restaurant expansion involves the
conversion of a Base FAR use (such as retail) to a Reduced FAR use (such as a restaurant),
the total square footage of the buildings on the subject site, taken together with the
proposed application does not exceed the allowable base development allocation.
Therefore, the proposed development is consistent with the Land Use Element policies and
guidelines, and building bulk and F.A.R. provisions of Section 20.07 of the Municipal Code.
Subject Property and Surrounding Land Uses
The subject property has a land area of approximately 354,056± square feet. Newport Hills
Center is currently developed with a multi -tenant commercial building, a Ralphs Market,
an automobile service station, a bank building and an office/animal hospital building. The
subject restaurant is located within the existing multi -tenant building. To the north, across
Ford Road, is vacant property in the City of Irvine; to the east is the Harbor View Knoll
residential condominium complex; to the south are single family dwellings; and to the west,
across San Miguel Drive, are single family dwellings.
Background
At its meeting of October 21, 1976, the Planning Commission approved Use Permit No.
1806, which permitted the establishment of a delicatessen/restaurant facility in a portion of
the subject tenant space. An excerpt of the Planning Commission minutes, dated October
21,1976, is attached for Commission review.
At its meeting of February 17, 1977, the Planning Commission approved Use Permit No.
1815, which was a request to establish a small animal clinic In the Newport Hills Center,
At its meeting of March 17,1977, the Planning Commission approved Use Permit No.1828,
a request to establish a bakery -restaurant with on -sale beer and wine. This bakery -
restaurant is no longer in business.
At its meeting of August 18,1977, the Planning Commission approved Use Permit No.1836,
a request to establish an automobile service station facility in the Newport Hills Center.
TO: Planning Commission - 3
At its meeting of October 5, 1978, the Planning Commission approved Use Permit No.1886,
a request to permit a drive -up teller facility in conjunction with the construction of a
permanent Bank of America branch banking complex in the Newport Hills Center.
At its meeting of October 20, 1983, the Planning Commission approved Use Permit No.
3067, a request to establish a restaurant with on -sale beer and wine in the Newport Hills
Center.
On January 5,1984, the Planning Commission approved an amendment to Use Permit No.
1806, a request to allow the expansion of the subject restaurant's "net public area" by adding
an outdoor dining and drinking area in front of the subject restaurant, subject to the findings
and conditions of approval set forth in the attached excerpt from the minutes of the
Planning Commission meeting. The approval provided that the incidental outdoor dining
and drinking area was permitted under the existing roof cover and in front of the restaurant,
not to exceed seating for 24 persons.
At its meeting of May 10, 1990, the Planning Commission approved a subsequent
amendment to Use Permit No. 1806. The amendment involved a request to expand both
the interior and outdoor "net public area" , and increase the hours of operation so as to allow
the restaurant to open at 7:30 a.m. daily where the facility previously was allowed to open
at 11:00 a.m. The approved plans indicated an expanded outdoor area with seating for 36
persons. The amendment also included a request to waive a portion of the additional
required off-street parking (i.e.17 out of the 26 required -parking spaces). An excerpt of the
Planning Commission minutes, dated May 10, 1990, is attached for Commission review.
At its meeting of April 23, 1992, the Planning Commission approved an amendment to Use
Permit No. 1815 which was a request to expand the existing veterinary clinic on the subject
site and to allow the boarding of animals.
At its meeting of April 7, 1994, the Planning Commission approved Use Permit No. 3523,
which was a request to permit the establishment of a take-out restaurant facility specializing
in baked food items, with incidental seating on property located in the Newport Hills
Center, and a request to waive a portion of the required off-street parking spaces.
Analysis
The subject application is to permit the expansion of an existing restaurant into an adjoining
commercial space and the construction of a small addition to the existing restaurant space.
The existing restaurant contains 2,066 sq.ft. of gross floor area, with a "net public area of
approximately 807 sq.ft. inside the facility and 458 sq.ft. for outdoor. dining purposes, for a
total "net public area" of 1,265 sq.ft.. The proposed expansion into the adjoining retail space
will include an additional 1,255 sq.ft. of gross floor area with an additional "net public area"
of approximately 751 sq.ft. (214 sq.ft. of which will be devoted to an expansion of the
lounge/bar area). The proposed addition to the existing restaurant (located at the present
entrance) will include a gross floor area of 160 sq.ft. and a "net public area" of
approximately 147 sq.ft., for a total increase in "net public area" of 898 sq.ft.. The previously
TO: Planning Commission - 4
approved outdoor dining area is limited to a maximum of 458 sgft.. Inasmuch as the
proposed additionwill encompass a portion of this previously approved outdoor dining area,
the applicant has indicated that the outdoor dining area will, be reconfigured so as to allow
the additional indoor square footage without reducing the square footage of the approved
outdoor dining area of 458 sgft.
EVansion of Lounge/Bar Area and
Addition of Live Entertainment
The proposed restaurant expansion into the adjoining tenant space includes an enlargement
of the existing lounge/bar area, as may be seen on the attached floor plan. The applicant
proposes to add a piano bar in a portion of the expanded area. The addition of the piano
bar will include 15 seats and approximately 214 sq.ft. of "net public area." Staff has no
objection to the proposed expansion of the lounge/bar area, inasmuch as the combined
existing and proposed lounge/bar areas will continue to be incidental to the primary use of
the subject establishment as a conventional sit-down restaurant.
As noted above, the applicant is proposing the introduction of live entertainment in the
expanded lounge/bar area, in the form of a piano bar. Staff has no objections to the
proposed live entertainment, provided that the sound of the music is confined to the interior
of the building at all times. Inasmuch as there is no patron dancing proposed with the live
entertainment, such activity is not expected to increase the parking demand for the
restaurant. Should this application be approved the appropriate conditions of approval
regarding the live entertainment have been incorporated into the attached Exhibit W.
Hours of Operation
The existing hours of operation for the subject restaurant are from 7:30 a.m. to 11:00 p.m.,
as approved in conjunction with Use Permit No. 1806 (Amended) on May 10, 1990. The
applicant is proposing to change the hours of operation to open for business at 6:30 a.m..
The applicant is also proposing to change the existing closing hour from 11:00 p.m. to 2:00
a.m., in order to cater to late night piano bar guests. It should be noted that the Ralph's
Market is open 24 hours, and the McFadden's Bake Shoppe (Use Permit No. 3523,
approved by the Planning Commission on April 7,1994) has been permitted to open at 6:00
a.m.. Staff has no objections to the proposed change in the hours of operation, or to the
facility opening at 6:00 a.m.. The applicant has indicated that a maximum of 10 employees
will be in the restaurant facility during peak hours. A letter from the applicant, describing
the proposed operational characteristics, is attached for Commission review.
Off -Street Parking Requirement
Off-street parking requirements for commercial developments in the Harbor View Hills
Planned Community are in accordance with the "H" Combining District as set forth in
Section 20.30.035 of the Municipal Code. The parking requirements are as follows:
TO: Planning Commission - 5
Retail and commercial stores:
One space for each 250 sq.ft. of gross floor area.
Restaurants:
One space for each 40 sq.ft. of "net public area'; the Planning Commission
may increase or decrease the parking requirements for a restaurant within the
range of one space for each 30 to 50 sq.ft. based upon the operational
characteristics of the restaurant.
As noted above, Section 20.30.035 of the Municipal Code provides that the Planning
Commission may increase or decrease the parking requirement for a restaurant within the
range of one parking space for each 30 to 50 square feet of "net public area." Such a range
in the parking requirement for the subject restaurant addition and expansion is as follows:
Proposed Restaurant 898± sq.ft. _ 30 = 29.9 or 30 spaces
Expansion: or _ 40 = 22.4 or 23 spaces
or _ 50 = 17.9 or 18 spaces
The Planning Commission, on May 10, 1990, approved Use Permit No. 1806 (Amended)
subject to the condition that one parking space for each 50 sq.ft. of "net public area" be
provided, except for the spaces that were waived by the Planning Commission. The existing
restaurant contains 1,265± sq.ft. of "net public area." The Planning Commission approved
said use permit with a waiver of a portion (17 spaces) of the required 26 parking spaces;
thereby requiring 9 on -site parking spaces for the subject restaurant. The expansion and
addition proposed herein will contain 898 sq.ft. of "net public area", and in accordance with
the parking requirements for the existing use permit, would require a minimum of 18
parking spaces (898 _ 50 = 17.9 or 18 spaces).
Inasmuch as Section 20.30.035 of the Municipal Code requires one space for each 250
square feet of commercial space, the previous retail use located in the suite proposed for
the subject restaurant expansion generated a requirement for 6 parking spaces (1,255 sq.ft.
250 = 5.02 or 6 parking spaces). Thus, based on the parking requirements stated in the
former paragraph of this report, 12 additional parking spaces would be required for the
restaurant expansion, over and above what a retail use occupying the same space would
require (18 spaces - 6 spaces required = 12 additional parking spaces).
Existing On -Site Parking
The following table summarizes the parking requirements for the proposed restaurant
addition and expansion and the existing remaining uses in the subject shopping center.
Commercial/Retail Uses: 66,445 ± sq.ft. 250 sq.ft. = 266 spaces
Automobile Service Station: Use Permit No. 1836 12 spaces
What's Cooking Restaurant: Use Permit No. 1806 9 spaces
TO: Planning Commission - 6
What's Cooking Addition and Expansion: 18 spaces
(898 sq.ft. "net public area" _ 50 sq ft. = 17.96 or 18)
Thai Touch Restaurant: Use Permit No. 3067 13 spaces
McFadden's Bake Shopper Use Permit No. 3523 6 spaces
TOTAL: 324 spaces
There are currently 307 parking spaces on the subject property. The existing commercial
uses, approved restaurants and the automobile service station require 312 parking spaces
resulting in a deficit of 5 parking spaces. This is due to previous restriping of the parking
lot and the addition of handicapped spaces. Restriping of the existing parking lot is
proposed in conjunction with the subject application and with the application of Use Permit
No. 3528 (refer to Item No. 3, Planning Commission Agenda, April 21,1994). The attached
site plan indicates a new total of 343 parking spaces in conjunction with the proposed
restriping which will result in a surplus of 19 parking spaces.
Chapter 20.12 of the Municipal Code contains development standards for restaurants to
ensure that any proposed development will be compatible with adjoining properties and
streets. Said development standards include specific requirements for building setbacks,
parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior
illumination, signage, underground utilities, and storage. Section 20.72.130 of the Municipal
Code states that any of the above mentioned development standards for restaurants may be
modified or waived if such modification or waiver will achieve substantially the same results
and will in no way be more detrimental to adjacent properties or improvements than will
the strict compliance with the standards.
Staff is of the opinion that the on -site development standards as they apply to walls should
be waived if the Planning Commission approves this application due to the existing physical
characteristics of the site.
pmaghwa-M. Ou11 TIl
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any
use permit, the Planning Commission shall find that the establishment, maintenance or
operation of the use or building applied for will not, under the circumstances of the
particular case, be detrimental to the health, safety, peace, morals, comfort, and general
welfare of persons residing or working in the neighborhood of such proposed use or be
detrimental or injurious to property and improvements in the neighborhood or the general
welfare of the City.
TO: -Planning Commission - 7
Should the Planning Commission wish to approve this application, appropriate findings and
conditions are set forth in the attached Exhibit "A'. Staff cannot reasonably conceive of
findings for denial inasmuch the proposed project conforms to the requirements of Title 20
of the Municipal Code and does not appear to have any detrimental effect on the
surrounding neighborhood. However, should information be presented at.the public hearing,
which would warrant the denial of this application, the Planning Commission may wish to
take such action.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By. f L (J4F✓)If1,1n
DANA O. ASLAMI
Associate Planner
Attachments: Exhibit "A'
Vicinity Map
Excerpts of the Planning Commission Minutes,
dated October 21, 1976, January 5, 1984, and
May 10, 1990
Letter from the Applicant
Plot Plan and Floor Plan
F.\WP51\PL4NNING\DANA-A\UP\REMAUP18MA
TO: Planning Commission - 8
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL
FOR USE PERMIT NO. 1806 (Amended)
1. That the proposed restaurant expansion is consistent with the
General Plan and the Harbor View Hills Planned Community
Development Standards, and is compatible with surrounding
land uses.
2. That the project will not have any significant environmental
impact.
3. That the proposed restaurant facility and its expansion will be
adequately served by the proposed on -site parking.
4. That the proposed live entertainment is in keeping with the
existing restaurant operation and will be confined to the interior
of the restaurant.
5. That the waiver of the development standards as they pertain
to walls will not be detrimental to adjoining properties.
6. That the approval of Use Permit No.1806 (Amended) will not,
under the circumstances of this case, be detrimental to the
health, safety, peace, morals, comfort and general welfare of
persons residing and working in the neighborhood, or be
detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
1. That development shall be in substantial conformance with the
approved plot plan and floor plan, except as noted below.
2. That the "net public area" of the restaurant facility shall be
limited to a maximum of 2,163 square feet, including a
maximum "net public area" of 458 sq.ft. in the outdoor patio.
3. That a Live Entertainment Permit shall be approved by the
City.
4. That the live entertainment shall be limited so that the sound
TO: Planning Commission - 9
from the live entertainment shall be confined to the interior of
the structure; and further that when the live entertainment is
performed, all windows and doors within the restaurant shall be
closed except when entering and leaving by the main entrance
of the restaurant.
5. That the development standards pertaining to walls shall be
waived.
6. That no dancing shall be permitted in the restaurant unless the
Planning Commission approves an amendment to this Use
Permit.
7. That the hours of operation of the restaurant facility shall be
limited between the hours of 6:00 a.m. and 2:00 a.m. daily.
8. That one parking space for each 50 sq.ft. of "net public area" of
the approved addition and expansion be provided on -site (18
spaces).
9. That the on -site parking lot shall be restriped so as to provide
the additional required parking spaces prior to the use of the
expanded restaurant facility. The proposed on -site parking,
vehicular and pedestrian circulation plans shall be approved by
the City Traffic Engineer.
10. That all previous conditions of approval of Use Permit No.1806
(Amended) shall remain in effect as a part of this approval.
11. That the Planning Commission may add or modify conditions
of approval to the use permit, or recommend to the City
Council the revocation of this use permit, upon a determination
that the operation which is the subject of this use permit, .cause
injury, or is detrimental to the health, safety, peace, morals,
comfort or general welfare of the community.
12. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
VICIMIT Y MAP
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City 0 Newport Beach MINUTEB
y pia"4 1.
1 October
INDKX IA
03
1
to amend the Planned Community Development MENUMt
in the i
7 rlK
k'
Request _43_
Plan for "Newport Place" to permit changes
the acceptance of an
nd Use Map and Text, and ONT.
I
en • onmental document.
Loc��: The Planned Community of "Newport
Place." bounded by Birch Street,_
rthur Boulevard, Jamboree Road,
I
;
and stol Street.
4r
Zone: P-C
d TE
Stuart M. Ketchum, 'os Angeles:,•
APPI,Applicant:
Same as ApplicantCOm
' 7
�
Owner:
of
At the request of the applicant, Planning Of
'_•'
X Sion continued this matter to the meeting
Motion X
%
Ayes % % %
% X November 4, 1976.f)),>
Absent
M
ItemRe
USE
I of afv;
14dofithe PEERRM61
y`
ues
tessentrestaurant facilitybwithinnArea
community.
;
"Harbor View Hills" Planned
I 11.0cation: Lot 1, Tract No. 9014, located at APPRO
Drive, on the
ED vY v
2632 San Miguel
corner of San Miguel N
LLY
southeasterly
Drive and Ford Road in the Newporty',:,
-
Hills Center (under construction)
:(
s,
Zone P-C
2P1{cants: Lucy and Jorge_ Luhan; and Mary and
I Zavarella, Newport Beach
$ '•
<w„
Rocco
I I i
The Irvine Company, Newport Beach
,;:",;
Owner:
'I
Public hearing was opened in connection with this
;.
matter.
antseared
the cwith�thepstaff
:.
dof
and concurrebefore
Lucy report,'
the Commission
and recommendations.
'j,
I:
Pogo 4,
:>4
I
f
C of Newport Bah MINUTES
A Tiy
rr
NOLL. CALL
• d be
no others desiring to Appear in
0 4A. There being 7:.heard, the public hearing was closed.
. X Motion was made that Planning Commission make the
Y. Motion Ayes X X X X X X following findings:
Absent x 1, That the proposed use is consistent with the
Land Use Element of the General plan and is
Compatible with surrounding t land uses.
2. The project will not have any significant
environmental impact
1;' o. 3. The police Department has indicated that they
do not contemplate any problems.
4 4. The approval of use Permit No. 1806 will not'
under the circumstances of this cast be
detrimental to the health, Safety, Peace,
morals, comfort and general welfare of persons
rk
he neighborhood or be
residing and working i in t to property Or impro-
detrimental be injurious d
b 0 or the general
vements in the neigh 9rh 0
welfare of the City.
06, subject to the
and approve Use Permit NO. 16
f 0 1 ditions.
I owing con
1. That deveiOpment Shall be in substantial
conformance with the Approved plot plans. V;
2. That a minimum Of One Parking Space for each
40 square feet of "net floor area in the
a.
All be maintained in the
restaurant facility sh
common parking lot.
That all mechanical equ!pment, Storage, and
-hall be Screened from adjoining"
trash areas
properties a;.d public streets.
4. That All extt etor signs shall be in accordance
4 sign standards permitted in
%711th the ap�roved S" Planned
0
Area, 14 f the "Harbor View Hill
Community. 'r
5 That the del icAtOssan-restAurArt facility
0
open for business prior to
shell net Ll 2 after
10:00 p.m., seven days A
9:00 A.M. or
week.
Page 5.
I
i Y•
IN
COMMISSIONERS
�7 1
City of Newport Beach
MINUTES
L
t�
:.a•
y
a
October 21, 1916
,Norx
'tq��:� AOLL
GALL
i
That this approval shall be for a
period of
be sub ect
Y W
I6,
two years, and any extension shall
of the Modifications Committee.
to the approval
—
y. i..
GeneA. ral Plan Amendment 76-3 consisting of eleven
parts as follow::
Part 1: 76-3-A: An amendment to the Land Use _
Growth Element
Element and Residential
the designation of four lots RF
to change
at the southeast corner of Dahlia and
del Mar from
'
Fifth Avenues in Corona
"Retail and Service Commercial" to "Twe-
: .�vL
Family Residential."
1.Z It
a
to Pa 2'
Residential tGrowth eElement5eand
li:H\
Element,
RecreatIon and Open Space Element to
system
revise the open space and paseo
Hills for consistency with
u;zHarbor
View
ted Planned Community development
Y
a
pla
Part 3; 76-3-C: An amendment to the Use
d clarifying dSpecific
Element Susting an
Area Plan b undaries.
Use
Part 4: 76-3-0: An a ndment to the to^profes-
dministrative.
�''
9
Element adding
sional and Flnanc'a.1 Commercial" as an
"General
i
alternative to the xi sting
Industry" d1signatio adjacent to Orange
County Air +rt, to re ect existing uses.
Part 5: 76-3-E: An amendment to etiond fse
the deal
slg
:.,
yy
Element changing
existing commercial uses on a south
"• ,��±,
side of Pacific Coast Highway ppsterly
"Recreatidrkal and
of Bayside Drive from
Commercial" to "Retail and ervice
•ip
Marine
Commercial," to re:lect existing us
^fix
Part 6: 76-3-Ft An
d Residential Growthment to the Land sEle-
' •':�
Element texts andm.
ment text adding a discussion of the
development
:l
possibility of residential
the undeveloped portion of the
on
%.,,
Page 6.
,
I
i
A
a,
Yt 4 A January b, 1964
rx
E City of Newport Beach
MINUTES
Lac Permit No iB06 (Amended) (Public Nearin9l
l
Request to aswnd A Prevlouely approved use pezmtc which
allwed the esfacility with on tab)and off —sale dbierel a and ewine s in the
the
Hills Planned Community). The proposed thert Hills Center (I.e., Avg& 14 of Harbor
Li to
allow an expansion of the existing "net public aria" by
adding an outdoor dining and drinking area in front of
the rastaurant.
1,DUTSON, Lot No• 1, Tract No. 9414, located At
2632 San Miguel Drive, on the
southeasterly corner of San Miguel
Halve
and ford Asad in the Newpo
vt Center.
20NEt P-C
APPLICANT( What's Cooking Aeataurant, Newport Beach
OWNERS The Irvine Company, Hewport neach
The public hearing opened inrconnection withhis item
,
and Mr. Jorge tubers, rep nthe at
g Applicants
appeared before the Commission and requested
of the amended use permit.
It, response to a question posed by Chairman Xing,
Planning Director Hewicker stated that staff is of the
opinion that the parking ratio is adequateorive
)the
r•,stAurant, inasmuth As no dancingtl
entertainment is proposed, and the restaurantAttrACho
customers from nearby reaidenantartial akeas, orrperhe nsated
are already at the shopping
clat man
du during
the sevening its the hours, shoppingcenter
of thereby Px viding
additional parking during the evening.
In
response to a question posed by Chairman Xinq,
Planning Director Hawicker stated that an Addit.00al
condition could be iaposed which would state, "That
the incidental outdoor dining and drinking area shall
be permitted under the oAUting cover of the roof and
in front of the restaurant, net to exceed seating for
24 persona.*
-39-
tn_19
motion
All Ayes
2'�rSs
•'J 1
• •I!♦JIB
.:raLykFN,
MINUTES
'Lm. '� ® January 5, 1984
A R � 3 0 � City of Newport Beach
In response to a question posed by Chairman Xinn, Nr.
Luhan stated that the outside sealing would be removed
after closing hours for maintenance and security
purposes.
rmit "04
06
motion was saubjecto to theyal Of flndinias and conditions 8of
(Amended), suggested
Exhibit "A". with the additional entaltion as di
which MOTION relating O �ashfollowsdentel outdoor dining,
FINDINGSs
is
1, That, as conditioned, the proposed developm dt is
Generalconsistent with the
compatible with uurrounding land uses.
Z. Aduquate off-street parking space's are being
provided for the proposed restaurant use•
3 The proposed restaurant will not providing that
any
significant environmental impact,
parking demands are met.
q. The approval of Use permit No, 1806 (Amended) will
not, under the circumstenees of this camorals,
detrimental to the health, safety, peace
comfort and general welfare of or be detrimersons ntal
and working in the neighborhood,
i, rovemcnte me the
or injurious to -property
andneighborhood or the general welfare of the City.
CONDITIONS:
1, That development shall be in substantial
conformance with the approved plot plan and floor
plan, except as noted below,
for each 50
2. That a minimum of one parking spat^•
,hallebe maintained in the comeonnet parkingl ilot area-
3. That the existing outdoor dining and drinking area
shll sgabe reduced in are& maximumso that a
of exterior "net public area" is u eof 80
ft
I -40-
I
•
MINUTES
•
`�
C
• January S, 198�
d:R
Cit of Newport Beach
INDE;
Fty'•
Roil cnu
1. that the Planning Comdssion may add and/or modify
p yrr
conditions of approval tt this use Permit, or
of
• •t`, ,r ,:
reconmmend to the City Council the revocation
determination that the
��`:•`j'
,► ; , s
this use Permit, upon •
operation, which is the subject of this use
to the
r
permit, causes injury or is detrimental
•'(''1'ti r'
health, safety or %olfars of the easeJnity.
of Use Permit
11 other
5 That1BQ6
•'^n •`�C1
ah♦11 bsplicable fulfillad.nditions
6, That the incidental outdoor dining and drinking
existing cover
-?��.
area shall be permitted under the
the root and in front of the restsurent, not to
•t
'•
of
exceed uatin3 for 24 parsons.
--'^�y
' � �, •ryeJr
•,:.•:����
General Plan Amendavint bl-I (bl lDiscuosio�l
—
,"
,y.f
'<
Mequest to set for public hearing, an amendment to the
located within
-�•�.
Newport beach General plan, for Property
View Rills Planed Community,
•'3: 3t.t•
Area 11 0l the Harbor
re specifically identified as all the property
G
in uded in Annexation No. 89, ao as to eetabli-h
for the
"•r %�:kt
desi tion of "Low Density Residential• uses
.pit..
subject roperty.
INITIATED 8 . The City of Newport beach
5
'' �'r,'•,iy+'Lp •
F
yt
There being no d1s salon, the following cation was
madet
•• �'�
mode to set Gen al plan Amendment 61-1(b1
-• i'%,
Noting %
x x
Motion wet
for public hearing an Janus 19, 1987, which RrrC20N
',•,n: •,
All Ayes x x
CAA
r
1:
,
1f '+Y Y•' Ad pr ni �' ^td.S1 'tit-f .�. -i� : n .r• .
COMMISSIONERS
May 10, 1990
MINUTES
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
'
That the Public Works Department plan check and
inspection fee be paid.
12. Tha arcels No. 1 and No. 3 shall be used for parking
purpose my unless combined with parcels having access
to a public eet.
13. That the applican shall obtain Coastal Commission
approval of this applica ' n prior to the recordation .of the
parcel' map.
14. That the overhead utilities be un rounded across the
West Coast Highway frontage of Parc No. 2.
15. That this resubdivision shall expire if the has not
been recorded within 3 years of the date of a roval,
unless an extension is granted by the Pla g
Commission.
ire Permit No 1806 (Amended)(Public Hearing)
Request to amend a previously approved use permit which
permitted the establishment of a delicatessen/restaurant facility
with on -sale and off -sale beer and wine with outdoor seating in
the Newport Hills Center (i.e., Area 14 of the Harbor View Hills
Planned Community). The proposed amendment involves a
request to expand both the interior and outdoor "net public
areas"and increase the hours of operation so as to allow the
restaurant to open at 7:30 a.m. daily where the facility currently
opens at 11:00 a.m. The proposal also includes a request to
waive a portion of the additional required off-street parking.
LOCATION: Lot 1, Tract No. 9014, located at 2632 San
Miguel Drive, on the southeasterly corner of
San Miguel Drive and Ford Road, in the
Newport Hills Shopping Center.
ZONE: P-C
APPLICANTS: Dr. and Mrs. Jorge Luhan, Newport Beach
OWNER: The Irvine Company, Newport Beach
-16-
stem No.4
UP1806A
Approved
CCMMISSIONERS
May 10, 1990
MINUTES`
CITY OF NEWPORT BEACH
OLL CALL
INDEX
William Laycock, Current Planning Manager, referred to
Condition No. 5 in Exhibit "A" requesting that a trash compactor
be provided in the restaurant facility, and he recommended that
the Planning Commission review said condition on the basis that
the General Services Director has indicated that the past
rationale for trash compactors is antiquated because compacting
of the trash impedes the recycling effort.
Commissioner Debay requested a clarification of the letter from
the Irvine Retail Properties Company regarding their approval of
a full liquor license for the subject restaurant. Mr. Laycock
explained that the Planning Commission has not differentiated
between a beer and wine license and a full liquor license unless
the facility changes the operational characteristics or installs a
bar.
The public hearing was opened in connection with this item, and
Mrs. Lucy Luhan, applicant, appeared before the Planning
Commission wherein she concurred with the findings and
conditions in Exhibit "A".
There being no others desiring to appear and be heard, the
public hearing was closed at this time.
)tion
*
Motion was made to approve Use Permit No. 1806 (Amended)
subject to the findings and conditions in Exhibit "A", including
the deletion of Condition No. 5.
In response to a question posed by Commissioner Debay
regarding the restriction of the outdoor dining area, the maker
of the motion stated that the motion includes the approval of the
entire outdoor dining area.
.1 ayes
Motion was voted on, MOTION CARRIED.
ENDINGS
1. That the proposed use is consistent with the Land Use
Elements of the General Plan and is compatible with
surrounding land uses.
2. That the project will not have any significant
environmental impact.
-17-
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' COMMISSIONERS
May 10, 1990MINUTES
CITY OF NEWPORT BEACH
INDEX
ROLL CALL
3. That adequate parking is available on -site to accommodate
facility inasmuch as a majority of
the proposed restaurant
the patrons either work or reside or are otherwise already
visiting in the vicinity.
4. That the Police Department has no objections with the
proposed development.
5. That the waiver of the development standards as they
a of the required parking (17
pertain to walls and portion
spaces) will not be detrimental to adjoining properties.
6. That the design of the proposed improvements will not
by the public at large
conflict with any easements acquired
for access through or use of property within the proposed
development.
7. That the approval of Use Permit No. 1806 (Amended) will
the circumstances of this case, be detrimental
not, under
to the health, safety, peace, morals, comfort and general
welfare of persons residing and working in the
neighborhood, or be detrimental or injurious to property
and improvements in the neighborhood or to the general
welfare of the City.
CONDI NS:
in ansal ,
1. ormance with
and
tThatpprovedment plotall
PP P P floor plexcept s noted
below.
2. That the development standards pertaining to walls and a
portion of the required parking (17 spaces) shall be
waived.
3. That a minimum of one parking space for each 50 square
feet of "net public area" shall be provided on -site, except
for the parking spaces waived by the Planning
Commission.
t erircontainers be provided
4. washout
s ch a aystoallowdectdrainage into the
t drains or storm unless
system
d ng Department and the
otherwise napp approved by the Building
Public Works Department.
-18-
n
COdimiSSIONERS
O
May 10, 1990
MINUTE$,
" CITY OF NEWPORT BEACH
ROLL_ CALL
INDEX
5. Deleted.
6. That grease interceptors shall be installed on all fixtures
in the restaurant where grease may be introduced into the
drainage systems, unless otherwise approved by the
Building Department and the Public Works Department.
7. That kitchen exhaust fans shall be designed to control
smoke and odor to the satisfaction of the Building
Department.
8. That no live entertainment or dancing shall be permitted
in the restaurant unless the Planning Commission approves
an amendment to this Use Permit.
oval Use Permit
9. at aapplicable
No. 1806shall remainin£ effect a part of
this approval.
10. That no temporary "sandwich" signs shall be permitted to
advertise the approved restaurant facility.
11. That all mechanical equipment and trash areas shall be
from the adjacent street and adjoining properties,
screened
and that said trash shall be stored at the rear of the site.
12. That the hours of operation of the restaurant facility shall
be limited between the hours of 7.30 a.m. and 11:00 p.m.
daily.
13. That one bathroom accessible to the handicapped shall be
provided for each sex, unless otherwise approved by the
Building Department.
14. That the Planning Commission may add or modify
conditions of approval to the use permit, or recommend
to the City Council the revocation of this use permit, upon
a determination that the operation which is the subject of
this use permit, cause injury, or is detrimental to the
health, safety, peace, morals, comfort or general welfare
of the community.
15. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
.19.
F�
W.fiAT'S COOKING?
"bistros & cuisine to go"
June 8, 1993
Carlson Company
Post Office Box 8148
Newport Beach, CA 92658
To Whom it May Concern:
To augment sales at What's Cooking, it is my desire to provide services that are presently not
feasible with our limited space and restaurant design:
(1) provide breakfast between 6:30 AM and 9:30 AM
(2) cappuccino hour between 4:30 PM and 6:00 PM with early dinner specials
(3) catering office with basic catering storage area
(4) increase dining area for private group parties
(5) wine, grape, olive oil tasting with scheduled gourmet dinner
(6) cocktail area for before and after dinner socializing
(7) retail items produced by What's Cooking and some exclusive imports
(8) late night piano to keep guests on location
My experience in the past 17 years at this location has proven to be that the neighborhood is of most
loyal and dedicated supporters. Lunch, in spite of our efforts, never seems to be profitable, yet all
attempts to meet the needs of the neighborhood are met with success. Such is the reason for these
additional services, to cater the neighborhood, which is 80%of our clientele within a five (5) mile radius.
Thank you for your consideration.
Sincerely yours,
Lucy A. Luhan
2632 San Miguel • Newpot•t Beach, Calif. 92660 • 644-1820 IDA
COMMERCIAWINDUSTRIAL ZONING CORRECTIONS
Maximum FAR allowed with variance: (B) Comm res oka
Maximum square footage allowed: Comm res sq.ft
[(B) x site area sq.ft.)
PROPOSED DEVELOPMENT:
(C) Base FAR use sq.ft.
(D) Reduced FAR use sq.ft.
(E) Maximum FAR use sq.ft.
(F) TOTAL SQ.FT. (C+D+E]
PROPOSED FAR:
PROPOSED WEIGHTED DEVELOPMENT:
FAR Use Category
(G)
sq.ft. Base
sq.ft. Reduced
sq.ft. Maximum
sq.f
sq.ft.
sq.ft.
sq.ft.
( F % site area sq.ft. ]
Weighting Factor Weighted Sq.Ft.
(H) ( G x H )
TOTAL WEIGHTED SQ.FT.(May not exceed BDA)
Provide tissue overpay of cal
Re q}y redGPaC�rki �
Telephone: (714) 644-3200
y:Genia Garcia. Associate Planner - >
$y z'�SaYC-Mver8 Assistant Planner
Date:
Districting Map No.
Corrections Required:
Plan Check No:&4� 7�
By:Christy Teague, Associate Planner
Lallu wow GIWlllwllu ray" AV.
Legal Description: Lot / Block Section Tract z
Resubdivision required to combine lots or portions of lots when construction or
alterations are in excess of $2Q,000.
Covenant required. Please have owner's signature notarized on the attached
document and return to me.
Lot Size
b 4_Ft)
Zone ��'
Proposed Use
Required Setbacks
Front
Right Side
Left Side
FAR WORKSHEET
12-65 AD tl
/O�
Lot area ( site area sg. ft.) : sq. ft. _/• 74d ljw a"
Base Development Allocation (BDA): comet sq.ft. f16 C
(0.5 x site area sq.ft., unless otherwise specified in Land Use Element]
FAR permitted, without variance: (A) comet res nka/`j
Square footage permitted: comm res okg sq.ft.
[(A) x site area sq.ft.] R
� d
X 1.00
sq.ft.
X 1.67
■q.ft.
X 0.50
■q.ft.
to
P opose parkin In icate numbs of stalls provided)
Total On -Site Parkin /}
Standard Compact /7 — '�� In -lieu Parking
Dimension building he'yht-7as measured from natural grade to average and maximum
roof height
/Ie
show natural grade line on all elevations
show all rooftop mechanical equipment and dimension from grade directly below.
Indicate location of trash containers on site plan.
Number of Stories
Floor Plan fully dimensioned showing all room usss4
Plot Plan fully dimensioned showing location of all buildings, fences, etc. in
relation to the Dronerty line.
SPECIAL APPNQVAL MUIP22 THAOUGH2
Please indicate any discretionary approval numbers on the plans and incorporate
the attached; excerpt of minutes and list of findings and
conditions into the blualine drawings
approval letter into the blualine drawings
Modifications Committees Indicate Approval Ho. on Bluelines
Modification required for
Resubdivision/Tracts
site Plan Reviews
Amendments
Other
No.
No.
No.
No..
Public Worker
Eaaament/Encroachment Permit
Subdivision Engineer ° ,r��•'� ,
Traffic Engineer �� '-" i� ��l5.��t ",
Approval of Landscape Plans
Buildina Departments
Grading Engineer
Parks Departments
Approval of Landscape Plane
Coastal Development Permits:
Approval In Concept (AIC) No.
(Notes File 3 sets of plans: site, floor, and elevations)
Coastal Development Permits No.
Effective Date:
Waiver/Exemptions No. - Effective slats
V/6 �.
dre. ,�°'
V6 Al
NOTE: It is the rosponsiM-ity df tb
obtain the necessary approvals from
-have questions regarding` your applig
3246;7'-di
1����t
- lORItB CONK-$ON.0 R
1 applicant to circulate their plans and
the departments checked above. If you
V
ahu e7
C;
FM
1
t
THE
CARLSON COMPANY
August 25, 1994
Mr. James D. Hewicker
Planning Director
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92659-1768
RE: NEWPORT HILLS CENTER
PARKING LOT STRIPING
Dear Jim:
AW PM
3tl�;li;ll;s;2rgr4rSrG
We're writing to follow upon our conversation yesterday regarding restriping the
parking lot and adding twenty seven new stalls at Newport Hills.
We currently have an agreement with your office allowing Crown Hardware and
What's Cooking to open for business providing the lot•is restriped by September 1st.
As discussed, the commitment of September 1st has been extended until September
12th. We sincerely appreciate your input relative to starting after Labor Day, so we
have adjusted our schedule to start on September 6th and be complete on September
12th.
Thank you again for your consideration.
Sincerely,
COMPANY
DV:wh
dv\hew826.ltr
550-C Newport Center Drive, Suite 199 • Newport Beach, California 92660 • (714) 640-2968 • Fax (714) 644-3972
. COMMISSIONERS
MINUTES
CITY OF NEWPORT BEACH
Anril 9.1. 1994
ROLL CALL
INDEX
Use Permit No 1806 (Amended) (Public Hearinel
Item No..
Request to amend a previously approved use permit which allowed
UP1806A
the establishment of a restaurant facility with on -sale alcoholic
Approved
beverages and outdoor seating on property located in Commercial
Area No. 14 of the Harbor Views Hills Planned Community. The
proposed amendment includes a request to expand the existing
restaurant into an adjoining commercial space and to construct a
small addition to the existing restaurant space; to expand the
lounge/bar area; to change the opening hour from. 7:30 a.m. to
6:30 a.m. and to change the closing hour from 11:00 p.m. to 2:00
a.m., daily; and to add live entertainment consisting of a piano bar.
LOCATION: Parcel 1 of Parcel Map 119/49
(Resubdivision No. 578) located at 2632 San
Miguel Drive, on the southeasterly corner of
San Miguel Drive and Ford Road, in the
Harbor View Hills Planned Community.
ZONE: P-C
APPLICANT: What's Cooking, Newport Beach
OWNER: The Irvine Company, Newport Beach
The public hearing was opened in connection with this item, and
Mr. Jorge Luhan H, applicant, appeared before the Planning
Commission and he concurred with the findings and conditions in
Exhibit "A".
In response to questions posed by Commissioner Edwards, Mr.
Luhan replied that the restaurant is currently operating from 7:30
a.m. to 11:00 p.m. daily. Mr. Luhan further replied that the
urpose of the 2:00 a.m. closing is to extend the hours of the piano
bar so as to cater to the late night guests.
n response to questions posed by Commissioner Ridgeway, Mr.
uhan replied that he would agree to closing at 12:00 midnight
-5-
COMMISSIONERS
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CITY OF NEWPORT BEACH
A.. 1 91 1QQA.
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Monday through Thursday, and to 2:00 a.m. Friday and Saturday.
Commissioner Ridgeway addressed the letters that the Planning
Commission received from the adjacent neighbors expressing their
concerns regarding the request to extend the hours of operation.
r. Luhan replied that the employee's use of the parking lot at
he rear of the restaurant has been restricted at night so as to
educe the late night noise.
ames Hewicker, Planning Director, explained that the parking
paces at the rear of the shopping center and the trash enclosures
re in close proximity to the residential area. Mr. Luhan
responded that the trash is emptied into the trash enclosures the
following morning, and the employees working the late shift are
currently being requested to park in front of the restaurant.
iscussion followed between Commissioner Ridgeway and Mr.
uhan with respect to the employees being able to locate a
arking space in front of the restaurant at 5:00 p.m. when the late
hift begins whereby Mr. Luhan indicated that there has been not
een a problem finding a parking space.
s. Evelyn Darringer, 2707 Hillside Drive, appeared before the
Nanning Commission. Mrs. Darringer stated that the neighbors
ave been disturbed by restaurant noise from trash bins, car
adios, pickup and delivery at the rear service area, and roof top
quipment of the shopping center. She expressed a concern that
he expansion of the restaurant and extended operating hours
ould have a further detrimental impact on the neighborhood.
r. Hewicker referred to Condition No. 11, Exhibit "W, stating
hat the Planning Commission may call back the use permit so as
o add or modify conditions of approval if it is determined that the
peration is detrimental to the community.
r. Dion Burgner, 2006 Windward Lane, appeared before the
Tanning Commission on behalf of the Carlson Company, the
roperty management company for the Newport Hills Shopping
enter. Mr. Burgner stated• that residents have previously
-6-
COMMSSIONERS
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CITY OF NEWPORT BEACH
AnAl 21 100d
ROLL CALL
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xpressed concerns to the Carlson Company regarding the noise
enerated by Ralph's employees leaving the parking lot. He said
hat he has not often received noise complaints regarding the
ubject restaurant, and he extended an invitation to the
eighboring Homeowner's Associations to contact him with respect
o their concerns about the restaurant.
hairman Merrill stated that he had been contacted by a resident
egarding the late -night delivery trucks to Ralph's market.
n response to a question posed by Commissioner Gifford, Mr.
urgner replied that the tenants' leases state the hours for
elivery, and he indicated that Ralph's Market was cooperative
hen they were informed of the noise from refrigerated trucks.
n response to questions posed by Commissioner Ridgeway, Mr.
urgner replied that the Newport Hills shopping center has
C&R's, and the CC&R's address the hours of delivery. He
rther replied that during the past year the property managers
eceived a complaint regarding bottle noise from the subject
estaurant.
n response to a question posed by Commissioner Edwards, Mr.
urgner replied that the hours of delivery for the subject
estaurant would typically be between 7:00 a.m. and 10:00 a.m.;
owever, he stated that he could not be specific without reviewing
he lease.
r. Don Landis, 2742 Hillview Drive, and.a board member of the
arbor View Knolls Homeowner's Association, appeared before
he Planning Commission. He concurred with Mrs. Darringer's
oregoing statements. He stated that the Association previously
xpressed concerns to The Irvine Company and The Carlson
ompany regarding the noise coming from Ralph's Market. Mr.
ndis requested a clarification of how the applicant intends to
se the piano bar.
-7-
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In response to Mr. Landis' request, Mr. Luhan reappeared before
the Planning Commission. He explained that the intent is to have
a single piano player entertain during the dinner hour, and to add
atmosphere to the restaurant for the restaurant patrons. Mr.
Hewicker stated that the Planning Commission has the option to
limit the type of entertainment that can be allowed in the
restaurant.
In response to a question posed by Commissioner Gifford, Mr.
Luhan replied that the operating hours of the applicant's
restaurant located in Dana Point, "Luciana's Restaurant", are
limited from 5'00 p.m. to 11:00 p.m.
In response to aforementioned concerns regarding the noise from
delivery trucks, Mr. Luhan replied that the restaurant's deliveries
are made between 9:00 a.m. and 2:00 p.m. He explained that no
deliveries are made after 2:00 p.m. because that is when the
kitchen becomes busy. He explained that the request to open the
restaurant at 6:30 a.m. would be to provide an early morning
coffee service to their patrons.
In response to questions posed by Commissioner Gifford regarding
the difference in the closing hours of the aforementioned Luciana's
Restaurant and the subject establishment, Mr. Luhan replied that
What's Cooking Restaurant is a neighborhood restaurant that
serves the local residents, and Luciana's Restaurant is not a
neighborhood restaurant.
In response to a question posed by Commissioner Pomeroy, Mr.
Luhan replied that he would agree to a 1:00 a.m. closing on
Fridays and Saturdays.
Mr. Eric Cahn, 2200 Port Lerwick Place, appeared before the
Planning Commission to express his opposition to the restaurant's
change in operation. He addressed the impact that the changes
would have on the adjacent residential neighborhood, and he
expressed a concern regarding the alcohol that would be served
near the neighborhood.
-8-
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CITY OF NEWPORT BEACH
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r. Steve Brahs, 2208 Port Lerwick Place, appeared before the
Tanning Commission to express his concerns regarding the
equested 2:00 a.m. closing. He addressed Condition No. 11,
xhibit "A", regarding the health, safety, peace, morals, comfort
d general welfare of the community.
n response to a question posed by Commissioner Ridgeway, Mr.
rahs replied that he has not been disturbed by the current 7:30
.m. opening hour. He pointed out that during the summer
onths when the residents' windows and doors are open is when
ey become disturbed by the early morning and nighttime noise.
r. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the
Tanning Commission. He stated that from his experiences that by
1:30 p.m. the restaurant patrons generally leave the premises. In
esponse to a previously stated concern, he explained that the
cohol Beverage Control permits establishments with on -sale
alcoholic
beverages closer than 100 feet to residential uses. Mr.
ofer addressed his support of the meeting that the City previously
had
with restaurant owners concerning their establishments, the
City should not have zoned the commercial and residential areas
o close together, the mortality rate of the restaurants is very high,
and
the Adult Entertainment Ordinance states that sound can no
longer
extend beyond the property line. He recommended the
pproval of the amended use permit on the condition that the
operation be reviewed in six months.
ere being no others desiring to appear and be heard, the public
Baring was closed at this time.
*
otion was made to approve Use Permit No. 1806 (Amended)
subject
to the findings and conditions in Exhibit "A", and
ondition No. 7 be amended to state that the hours of operation
hall be limited between the hours of 7:00 a.m. and 11:00 p.m.
daily.
ommissioner Pomeroy stated that there would appear to be no
problem with the current situation, and the establishment would
-9-
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CITY OF NEWPORT BEACH
Anr;l 11 100d
ROLL CALL
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e penalized for something that may happen. He said that there
re restaurants that do not disturb residents when they are
djacent to one another, and the Planning Commission has the
ption to call back the use permit for further review, if necessary.
e said that it would not be fair to penalize the restaurant
nasmuch as it has a reputation as being a good operator.
SubStitUtE
3ubstitute motion was made to approve Use Permit No. 1806
Notion
*
Amended) subject to the findings and conditions in Exhibit "A",
nd to modify Condition No. 7 to state that the hours of operation
hall be limited from 7:00 a.m. to 12:00 midnight Sundays through
ursdays and from 7:00 a.m. to 1:00 a.m. Fridays and Saturdays.
n response to a question posed by Chairman Merrill,
ommissioner Pomeroy agreed to add a condition stating that the
iano bar would be limited to a single piano player.
n response to a question posed by Commissioner Ridgeway with
espect to the feasibility of reviewing the application in six months,
r. Hewicker explained that Condition No.11 allows the Planning
ommission to call back the use permit for review if it is
etermined that there is a problem.
ommissioner Glover did not support the substitute motion on the
asis that the change of operation would be from a restaurant to
ore of a night club, and that it is too close to a neighborhood.
Ayes
*
*
*
ubstitute motion was voted on, SUBSTITUTE MOTION
Noes
FAILED.
otion was voted on to approve Use Permit No.1806 (Amended),
mend Condition No. 7 to state that the hours of operation shall
e limited between 7:00 a.m. and 11:00 p.m. daily, and to add
All
ondition No. 13 stating that the live entertainment shall be
Ayes
imited to a single piano player. MOTION CARRIED.
INDINGS
L. That the proposed restaurant expansion is consistent with
the General Plan and the Harbor View Hills Planned
-10-
MINUTES
CITY OF NEWPORT BEACH
April 21 1994
ROLL CALL
INDEX
Community Development Standards, and is compatible with
surrounding land uses.
71. That the project will not have any significant environmental
impact.
That the proposed restaurant facility and its expansion will
be adequately served by the proposed on -site parking.
1. That the proposed live entertainment is in keeping with the
existing restaurant operation and will be confined to the
interior of the restaurant.
That the waiver of the development standards as they
pertain to walls will not be detrimental to adjoining
properties.
5. That the approval of Use Permit No. 1806 (Amended) will
not, under the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort and general
welfare of persons residing and working in the
neighborhood, or be detrimental or injurious to property
and improvements in the neighborhood or to the general
welfare of the City.
ONDITIONS:
L. That development shall be in substantial conformance with
the approved plot plan and floor, plan, except as noted
below.
That the "net public area" of the restaurant facility shall be
limited to a maximum of 2,163 square feet, including a
maximum "net public area" of 458 sq.ft. in the outdoor
patio.
That a Live Entertainment Permit shall be approved by the
City.
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CITY OF NEWPORT BEACH
April 21 1994
ROLL CALL
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4. That the live entertainment shall be limited so that the
sound from the live entertainment shall be confined to the
interior of the structure; and further that when the live
entertainment is performed, all windows and doors within
the restaurant shall be closed except when entering and
leaving by the main entrance of the restaurant.
5. That the development standards pertaining to walls shall be
waived.
6. That no dancing shall be permitted in the restaurant unless
the Planning Commission approves an amendment to this
Use Permit.
7. That the hours of operation of the restaurant facility shall
be limited between the hours of 7:00 a.m. and 11:00 p.m.
daily.
8. That one parking space for each 50 sq.ft. of "net public
area" of the approved addition and expansion be provided
on -site (18 spaces).
9. That the on -site parking lot shall be restriped so as to
provide the additional required parking spaces prior to the
use of the expanded restaurant facility. The proposed on -
site parking, vehicular and pedestrian circulation plans shall
be approved by the City Traffic Engineer.
10. That all previous conditions of approval of Use Permit No.
1806 (Amended) shall remain in effect as a part of this
approval.
11. That the Planning Commission may add or modify
conditions of approval to the use permit, or recommend to
the City Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, cause injury, or is detrimental to the health,
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safety, peace, morals, comfort or general welfare of the
community.
12. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
13. That the live entertainment shall be limited to a single
piano player.
sss
Use Permit No. 3528 (Public Hearing)
quest to permit the establishment of an outdoor sales area in
con ction with the expansion of commercial space for a Crown
Ace dware facility on property located in Commercial Area
No. 14 o e Harbor View Hills Planned Community.
LOCATION: Parcel 1 of Parcel Map 119/49
(Resubdivision No. 578) located at 2636-2644
Miguel Drive, on the southeasterly
cor r of San Miguel Drive and Ford Road,
in th Harbor View Hills Planned
Commum .
ZONE: P-C
APPLICANT: The Carlson Compan Newport Beach
OWNER: The Irvine Company, Ne t Beach
The public hearing was opened in connection with thi 'tem, and
Mr. Dion Burguer, appeared before the Planning Commi 'on on
behalf of the applicant. He concurred with the findings d
conditions in Exhibit "A".
-13-
Item No..
UP3528
Approved
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'". COMMISSIONERS
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Use Permit No 1806 (Amended) .(Public Hearing)
Item No..
Request to amend a previously approved use -permit which allowed
UP1806A
the establishment of a restaurant facility with on -sale alcoholic
Approved
beverages and outdoor seating on property located in Commercial
Area No. 14 of the Harbor Views Hills Planned Community. The
proposed amendment includes a request to expand the existing
restaurant into an adjoining commercial space and to construct a
small addition to the existing restaurant space; to expand the
lounge/bar area; to change the opening hour from 7:30 a.m. to
6:30 a.m. and to change the closing hour from 11:00 p.m. to 2:00
a.m., daily; and to add live entertainment consisting of a piano bar.
LOCATION: Parcel 1 of Parcel Map 119/49
(Resubdivision No. 578) located at 2632 San
Miguel Drive, on the southeasterly corner of
San Miguel Drive and Ford Road, in the
Harbor View Hills Planned Community.
ZONE: P-C
APPLICANT: What's Cooking, Newport Beach
OWNER: The Irvine Company, Newport Beach
The public hearing was opened in connection with this item, and
Mr. Jorge Luhan II, applicant, appeared before the Planning
Commission and he concurred with the findings and conditions in
Exhibit "A".
In response to questions posed by Commissioner Edwards, Mr.
Luhan replied that the restaurant is currently operating from 7:30
a.m. to 11:00 p.m. daily. Mr. Luhan further replied that the
purpose of the 2:00 a.m. closing is to extend the hours of the piano
bar so as to cater to the late night guests.
n response to questions posed by Commissioner Ridgeway, Mr.
Luhan replied that he would agree to closing at 12:00 midnight
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Monday through Thursday, and to 2:00 a.m. Friday and Saturday.
Commissioner Ridgeway addressed the letters that the Planning
ommission received from the adjacent neighbors expressing their
concerns regarding the request to extend the hours of operation.
r. Luhan replied that the employee's use of the parking lot at
he rear of the restaurant has been restricted at night so as to
educe the late night noise.
ames Hewicker, Planning Director, explained that the parking
paces at the rear of the shopping center and the trash enclosures
re in close proximity to the residential area. Mr. Luhan
responded that the trash is emptied into the trash enclosures the
following morning, and the employees working the late shift are
currently being requested to park in front of the restaurant.
iscussion followed between Commissioner Ridgeway and Mr.
uhan with respect to the employees being able to locate a
arking space in front of the restaurant at 5:00 p.m. when the late
hift begins whereby Mr. Luhan indicated that there has been not
een a problem finding a parking space.
s. Evelyn Darringer, 2707 Hillside Drive, appeared before the
Tanning Commission. Mrs. Darringer stated that the neighbors
ave been disturbed by restaurant noise from trash bins, car
adios, pickup and delivery at the rear service area, and roof top
quipment of the shopping center. She expressed a concern that
he expansion of the restaurant and extended operating hours
ould have a further detrimental impact on the neighborhood.
r. Hewicker referred to Condition No. 11, Exhibit'W, stating
hat the Planning Commission may call back the use permit so as
o add or modify conditions of approval if it is determined that the
peration is detrimental to the community.
r. Dion Burgner, 2006 Windward Lane, appeared before the
Nanning Commission on behalf of the Carlson Company, the
roperty management company for the Newport Hills Shopping
enter. Mr. Burgner stated that residents .have previously
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xpressed concerns to the Carlson Company regarding the noise
enerated by Ralph's employees leaving the parking lot. He said
hat he has not often received noise complaints regarding the
ubject restaurant, and he extended an invitation to the
eighboring Homeowner's Associations to contact him with respect
o their concerns about the restaurant.
hairman Merrill stated that he had been contacted by a resident
egarding the late night delivery trucks to Ralph's market.
n response to a question posed by Commissioner Gifford, Mr.
urgner replied that the tenants' leases state the hours for
elivery, and he indicated that Ralph's Market was cooperative
hen they were informed of the noise from refrigerated trucks.
n response to questions posed by Commissioner Ridgeway, Mr.
urgner replied that the Newport Hills shopping center has
C&R's, and the CC&R's address the hours of delivery. He
farther replied that during the past year the property managers
eceived a complaint regarding bottle noise from the subject
estaurant.
n response to a question posed by Commissioner Edwards, Mr.
urgner replied that the hours of delivery for the subject
estaurant would typically be between 7:00 a.m. and 10:00 a.m.;
owever, he stated that he could not be specific without reviewing
he lease.
r. Don Landis, 2742 Hillview Drive, and.a board member of the
arbor View Knolls Homeowner's Association, appeared before
he Planning Commission. He concurred with Mrs. Darringer's
oregoing statements. He stated that the Association previously
xpressed concerns to The Irvine Company and The Carlson
ompany regarding the noise coming from Ralph's Market. Mr.
ndis requested a clarification of how the applicant intends to
se the piano bar.
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In response to Mr. Landis' request, Mr. Luhan reappeared before
the Planning Commission. He explained that the intent is to have
a single piano player entertain during the dinner hour, and to add
atmosphere to the restaurant for the restaurant patrons. Mr.
Hewicker stated that the Planning Commission has the option to
limit the type of entertainment that can be allowed in the
restaurant.
In response to a question posed by Commissioner Gifford, Mr.
Luhan replied that the operating hours of the applicant's
restaurant located in Dana Point, "Luciana's Restaurant", are
limited from 5:00 p.m. to 11:00 p.m.
In response to aforementioned concerns regarding the noise from
delivery trucks, Mr. Luhan replied that -the restaurant's deliveries
are made between 9:00 a.m, and 2:00 p.m. He explained that no
deliveries are made after 2:00 p.m. because that is when the
kitchen becomes busy. He explained that the request to open the
restaurant at 6:30 a.m. would be to provide an early morning
coffee service to their patrons.
In response to questions posed by Commissioner Gifford regarding
the difference in the closing hours of the aforementioned Luciana's
Restaurant and the subject establishment, Mr. Luhan replied that
What's Cooking Restaurant is a neighborhood restaurant that
serves the local residents, and Luciana's Restaurant is not a
neighborhood restaurant.
In response to a question posed by Commissioner Pomeroy, Mr.
Luhan replied that he would agree to a 1:00 a.m. closing on
Fridays and Saturdays.
Mr. Eric Cahn, 2200 Port Lerwick Place, appeared before the
Planning Commission to express his opposition to the restaurant's
change in operation. He addressed the impact that the changes
would have on the adjacent residential neighborhood, and he
expressed a concern regarding the alcohol that would be served
near the neighborhood.
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r. Steve Brahs, 2208 Port Lerwick Place, appeared before the
Tanning Commission to express his concerns regarding the
equested 2:00 a.m. closing. He addressed Condition No. 11,
xhibit "A', regarding the health, safety, peace, morals, comfort
nd general welfare of the community.
n response to a question posed by Commissioner Ridgeway, Mr.
rahs replied that he has not been disturbed by the current 7:30
.m. opening hour. He pointed out that during the summer
onths when the residents' windows and doors are open is when
they
become disturbed by the early morning and nighttime noise.
r. Sid Sofer, 900 Arbor Street, Costa Mesa, appeared before the
Tanning Commission. He stated that from his experiences that by
1:30 p.m. the restaurant patrons generally leave the premises. In
esponse to a previously stated concern, he explained that the
cohol Beverage Control permits establishments with on -sale
alcoholic
beverages closer than 100 feet to residential uses. Mr.
ofer addressed his support of the meeting that the City previously
had
with restaurant owners concerning their establishments, the
City should not have zoned the commercial and residential areas
o close together, the mortality rate of the restaurants is very high,
and
the Adult Entertainment Ordinance states that sound can no
longer
extend beyond the property line. He recommended the
approval of the amended use permit on the condition that the
operation be reviewed in six months.
ere being no others desiring to appear and be heard, the public
Baring was closed at this time.
*Motion
was made to approve Use Permit No. 1806 (Amended)
ubject to the findings and conditions in Exhibit "A", and
Condition No. 7 be amended to state that the hours of operation
hall be limited between the hours of 7:00 a.m. and 11:00 p.m.
daily.
ommissioner Pomeroy stated that there would appear to be no
problem with the current situation, and the establishment would
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e penalized for something that may happen. He said that there
e restaurants that do not disturb residents when they are
djacent to one another, and the Planning Commission has the
ption to call back the use permit for further review, if necessary.
e said that it would not be fair to penalize the restaurant
nasmuch as it has a reputation as being a good operator.
Substitutc
3ubstitute motion was made to approve Use Permit No. 1806
Motion
Amended) subject to the findings and conditions in Exhibit "A",
nd to modify Condition No. 7 to state that the hours of operation
hall be limited from 7:00 a.m. to 12:00 midnight Sundays through
ursdays and from 7:00 a.m. to 1:00 a.m. Fridays and Saturdays.
n response to a question posed by Chairman Merrill,
ommissioner Pomeroy agreed to add a condition stating that the
iano bar would be limited to a single piano player.
n response to a question posed by Commissioner Ridgeway with
espect to the feasibility of reviewing the application in six months,
r. Hewicker explained that Condition No.11 allows the Planning
ommission to call back the use permit for review if it is
etermined that there is a problem.
ommissioner Glover did not support the substitute motion on the
asis that the change of operation would be from a restaurant to
ore of a night club, and that it is too close to a neighborhood.
Ayes
*
*
*
ubstitute motion was voted on, SUBSTITUTE MOTION
Noes
FAILED.
otion was voted on to approve Use Permit No.1806 (Amended),
mend Condition No. 7 to state that the hours of operation shall
e limited between 7:00 a.m. and 11:00 p:m. daily, and to add
All
londition No. 13 stating that the live entertainment shall be
Ayes
imited to a single piano player. MOTION CARRIED.
INDINGS
L. That the proposed restaurant expansion is consistent with
the General Plan and the Harbor View Hills Planned
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Community Development Standards, and is compatible with
surrounding land uses.
Z. That the project will not have any significant environmental
impact.
That the proposed restaurant facility and its expansion will
be adequately served by the proposed on -site parking.
That the proposed live entertainment is in keeping with the
existing restaurant operation and will be confined to the
interior of the restaurant.
That the waiver of the development standards as they
pertain to walls will not be detrimental to adjoining
properties.
5. That the approval of Use Permit No. 1806 (Amended) will
not, under the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort and general
welfare of persons residing and working in the
neighborhood, or be detrimental or injurious to property
and improvements in the neighborhood or to the general
welfare of the City.
ONDITIONS:
L. That development shall be in substantial conformance with
the approved plot plan and floor. plan, except as noted
below.
That the "net public area" of the restaurant facility shall be
limited to a maximum of 2,163 square feet, including a
maximum "net public area" of 458 sq.ft. in the outdoor
patio.
That a Live Entertainment Permit shall be approved by the
City.
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4. That the live entertainment shall be limited so that the
sound from the live entertainment shall be confined to the
interior of the structure; and further that when the live
entertainment is performed, all windows and doors within
the restaurant shall be closed except when entering and
leaving by the main entrance of the restaurant.
5. That the development standards pertaining to walls shall be
waived.
6. That no dancing shall be permitted in the restaurant unless
the Planning Commission approves an amendment to this
Use Permit.
7. That the hours of operation of the restaurant facility shall
be limited between the hours of 7:00 a.m. and 11:00 p.m.
daily.
8. That one parking space for each 50 sq.ft. of "net public
area” of the approved addition and expansion be provided
on -site (18 spaces).
9. That the on -site parking lot shall be restriped so as to
provide the additional required parking spaces prior to the
use of the expanded restaurant facility. The proposed on -
site parking, vehicular and pedestrian circulation plans shall
be approved by the City Traffic Engineer.
10. That all previous conditions of approval of Use Permit No.
1806 (Amended) shall remain in effect as a part of this
approval.
11. That the Planning Commission may add or modify
conditions of approval to the use permit, or recommend to
the City Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, cause injury, or is detrimental to the health,
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safety, peace, morals, comfort or general welfare of the
community.
12. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
13. That the live entertainment shall be limited to a single
piano player.
Use Permit No 3528 (Public Hearino
Item No.:
quest to permit the establishment of an outdoor sales area in
con ction with the expansion of commercial space for a Crown
Ace dware facility on property located in Commercial Area
UP3528
Approved
No. 14 o e Harbor View Hills Planned Community.
LOCATION: Parcel 1 of Parcel Map 119/49
(Resubdivision No. 578) located at 2636-2644
Miguel Drive, on the southeasterly
cor r of San Miguel Drive and Ford Road,
in th Harbor View Hills Planned
Columnm .
ZONE: P-C
APPLICANT: The Carlson Cornpan Newport Beach
OWNER: The Irvine Company, Ne Beach
The public hearing was opened in connection with thi 'tern, and
Mr. Dion Burgner, appeared before the Planning Commi 'on on
behalf of the applicant. He concurred with the findings nd
conditions in Exhibit "A".
-13-
BISMO
CAMMG
CUISHMTOLO
August 1, 1994
Genia Garcia
Associate Planner
City of Newport Beach
3300 Newport Blvd.
Newport Beach, Ca. 92660
Dear Ms. Garcia,
The following letter is to serve as a Letter of Compliance in relation to Conditional Use Permit
#1806.
3) At the present time a Live Entertainment permit is not possible due to an Alcoholic Beverage
Control Restriction. We are presently working with the A.B.C. to remove this condition on our
Liquor licenses. Once accomplished, we will go through proper city channels to obtain the proper
permit. At the present time the city has approved the use of a single non -amplified piano.
4) In regards to conditions #4, #6, and #13 we are waiting for A.B.C.'s approval of a Live
Entertainment License before further action can be taken. Once approved we will comply with all
city conditions pertaining to this C.U.P.
7 & 10) We agree to the conditions #7 & #10 and will comply with all Newport Beach City
Mandates.
8-9) These conditions are the responsibilities of The Carlson Company, the management firm for
the center. They re -assured me that all conditions will be met and that the parking lot will be
re -striped to comply with city regulations.
If you have any questions please feel free to contact me at 714-644-1820. Thank you. I remain,
S*ere
Owner
VMATS COOKING BISTRO - 2632"San Miguel Dr. at Ford Rd., Newport Beach, CA 92660 • (714) 644-1820
LUCIANA'S RISTORANTE - 24312 Del Prado (S. Coast Highway), Dana Point, CA 92629 • (714) 661-6500
To: Building Department �� No Activity:
In Plan Check: t�
From: Planning Department J�C 'a' Active Bldg Permit:
Public Works Notified:
Re: Hold on Building Permit Final Plan Checker Notified:
Address, gg �aQ del, Plan Check No.
Planning Department Comments PRIOR TO RELEASE Of Building Permit Final:
[ ] Park Dedication Fee in the Amount of
[ ] Fairshare Fee in the Amount of $
[ j S.J.H.T.C. Fee in the Amount of $
is DUE.
is DUE. -
is DUE.
[ ] Coastal Commission Approval of Resubdivision Must Be Obtained.
[ j Parcel Map Recordation: Resubdivision No. Record date_
(j Use Permit Conditions of Approval: Use Permit No.
Condition(s) No.
[) After recordation of the map a building permit change must be processed with
the Building and Planning Departmerifs, PRIOR TO FINAL OF THE
BUILDING PERMIT, to change the description of the permit to'reflect
condominium construction, the fee is nominal and payable at the time of the
change. Proof of payment of the above mentioned fees may be required at
that time if not collected at issuance of the original building or grading
permits.
3
Units Demolished
r.i
BY: date %
Planning Department
CC: _Code Enforcement
_Plan Checker F:\WP50\JAY\MEM\BP-HOLD.MEM rev 4-5-90
Units Built