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HomeMy WebLinkAbout2644 SAN MIGUEL_CROWN HARDWARE EXPANSION11111111111111111111111111111111111111111111111111 *NEW FILE* 2644 San Miguel Planning Commission Meeting April 21. 1994 Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3528 (Public Hearing) Request to permit the establishment of an outdoor sales area in conjunction with the expansion of the Crown Ace Hardware facility on property located in Commercial Area No. 14 of the Harbor View Hills Planned Community. LOCATION: Lot 1, Tract No. 9014, located at 2636 - 2644 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: The Carlson Company, Newport Beach OWNER: The Irvine Company, Newport Beach Application This application involves a request to permit the establishment of an outdoor sales area in conjunction with the expansion of the Crown Ace Hardware facility on property located in Commercial Area No. 14 of the Harbor View Hills Planned Community. Outdoor sales are permitted in commercial districts upon the securing of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. 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). Conformance with the General Plan 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 TO: Planning Commission - 2 Service Commercial" uses. Retail uses are permitted 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-(F.A.R.) development limit of 0.3 (106,217 sq.ft.) on the subject property. Although the subject application involves the addition of gross floor area to the multi -tenant building 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. 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 Ralpbs Market, an automobile service station, a bank building and an office/animal hospital building. The subject commercial space 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. At its meeting of October 21, 1976, the Planning Commission approved Use Permit No. 1806, which permitted the establishment of a delicatessen/restaurant facility on the subject property. 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 18,19770 the Planning Commission approved Use Permit No.1836, a request to establish an automobile service station facility in the Newport Hills Center. 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 an existing restaurant's "net public area" by adding TO: Planning Commission - 3 an outdoor dining and drinking area. 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 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). 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 for the establishment of an outdoor sales area in conjunction with the expansion of the future Crown Ace Hardware facility on the subject property. The Crown Ace Hardware facility will be located in what currently consists of six adjoining retail tenant spaces within the Newport Hills Center. These six tenant spaces contain a total of approximately 6,934 sq.ft. of gross floor area. The applicant is proposing to expand the gross floor area of the subject building, thereby constructing a 1,700 sq.ft. addition to the future Crown Ace Hardware facility. Said addition is proposed in accordance with the Harbor View Hills Planned Community Development Standards and the Land Use Element of the General Plan with respect to FAR, parking requirements and other development restrictions. The subject of this application, however, involves the establishment of an outdoor sales area for the Crown Ace Hardware, in addition to the development noted in the previous paragraph. As may be seen on the attached site plan, the proposed outdoor garden area will consist of 900 sq.ft. and will be fully enclosed by an 8 foot high wrought iron fence for security purposes. The applicant has indicated that the outdoor garden area will be completely open to the sky, with no patio cover proposed at this, time. The applicant has also indicated that the outdoor garden area will be utilized solely for the display of plants, and not for the storage of garden supplies or materials. Staff has no objection to the use of an outdoor garden display area, as long, as the area is kept in a clean and orderly manner and utilized only for the display of plants. 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 TO: Planning Commission - 4 Section 20.30.035 of the Municipal Code. The parking requirements are as follows: Retail and commercial stores: One space for each 250 sq.ft. of gross floor area. Inasmuch as Section 20.30.035 of the Municipal Code requires one space for each 250 square feet of commercial space, the currently existing six retail tenant spaces generate a parking requirement of 28 parking spaces (6,934 sq.ft. + 250 = 27.7 or 28 parking spaces). The proposed additional gross floor area will generate the need for another 7 parking spaces (1,700 + 250 = 6.8 or 7 parkins spaces). The creation of the subject outdoor garden area will generate the need for 4 parking spaces (900 sq.ft. + 250 = 3.6 or 4 parking spaces) for a total of 11 parking spaces. Thus, based on the above noted parking requirements, the parking generated by the entire Crown Ace Hardware facility will be 39 parking spaces (9,534 + 250 = 38.1 or 39 parking spaces.) ,- •MIeMv The following table summarizes the parking requirements for the proposed Crown Ace Hardware facility (including indoor and outdoor expansions) as well as the existing remaining uses in the subject shopping center. Commercial/Retail Uses: 60,766 :t sq.ft. + 250 sqft. = 243 spaces Automobile Service Station: Use Permit No. 1836 12 spaces What's Cooking Restaurant: Use Permit No. 1806 9 spaces Thai Touch Restaurant: Use Permit No. 3067 13 spaces Crown Ace Hardware 39 spaces McFadden's Bake Shoppe: Use Permit No. 3523 6 spaces TOTAL: 322 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. Restripiung of the existing parking lot is proposed in conjunction with the subject application and with the application of Use Permit No.1806 (Amended) (refer to Item No. 2, 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 result in a surplus of 21 parking spaces (343.322 = 21 parking spaces). TO: Planning Commission - 5 becifiic Findings and Recommendations 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. 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 the 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 By1.�1,1�L37 (iLE2Li DANA O. ASLAMI Associate Planner Attachments: Exhibit "A" Vicinity Map Plot Plan and Floi TO: Planning Commission - 6 EX%IIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3528 1. That the proposed outdoor garden area 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 outdoor expansion will be adequately served by existing on -site parking. 4. That the approval of Use Permit No. 3528 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 outdoor display area shall be limited to a maximum of 900 square feet. 3. That the outdoor garden area shall be kept in a neat, orderly manner, and that said area shall be utilized for the display of plants and related decorative items only. 4. 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 commercial space and outdoor sales area. The proposed on -site parking, vehicular and pedestrian circulation plans shall be approved by the City Traffic Engineer prior to the issuance of a building permit, It ' TO: Planning Commission - 7 5. That one parking space for each 250 sq.ft. of floor area in the expanded commercial space (including the outdoor garden area) shall be provided on -site (11 spaces). 6. 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. 7. 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. VICTIMTYMAP C/ry a& PWAC ASTRICTINt3 4r� ►" 1 ' MAP t�CITY -KOF * N 1'NtL l*kc CUMTW{l •It Ylgtlq MII►Kt IaYKT KITIIKt lwlit► tWYYA1ul •YNTMI[ At111gMPO 1 AICT AIIngM14 M/tbp t0 /YrtRA t•1 tlbl} lWYltlKt ►UTAKt Atltlltitt MMTIILR A[MNYTIIt M411rtt AtYKY1K t•t /bILAK lWYtlpAt MHtKT l NtlAKt ItnAYcdATR MITtKt L Illlc t I tr AL IIKT IAKtAllloll► 0.0"141 ^7+R!IAIf► NlthtT Ia1tAKl9t YAtI/A nlm ►Iin" fOtIMM► M rM dHlllRT t►YIMM/ MrRr MIIAKt Use P&ZMIT AM. .35a� ow4c cowry IA 101 t Planning Commission Meeting April 21. 1994 Agenda Item No. 3 CITY OF NEWPORT BEACH TO. Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3528 (Public Hearing) Request to permit the establishment of an outdoor sales area in conjunction with the expansion of the Crown Ace Hardware facility on property located in Commercial Area No. 14 of the Harbor View Hills Planned Community. LOCATION: Lot 1, Tract No. 9014, located at 2636 - 2644 San Miguel Drive, on the southeasterly comer of San Miguel Drive and Ford Road, in the Newport Hills Commercial Center of the Harbor View Hills Planned Community. ZONE: P-C APPLICANT. The Carlson Company, Newport Beach OWNER: The Irvine Company, Newport Beach Application This application involves a request to permit the establishment of an outdoor sales area in conjunction with the expansion of the Crown Ace Hardware facility on property located in Commercial Area No. 14 of the Harbor View Hills Planned Community. Outdoor sales are permitted in commercial districts upon the securing of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. 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). Conformance with the General Plan 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 TO: Planning Commission - 2 Service Commercial" uses. Retail uses are permitted 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 (F.A.R.) development limit of 0.3 (106,217 sgft.) on the subject property. Although the subject application involves the addition of gross floor area to the multi -tenant building 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 Proper 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 commercial space 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 on the subject property. 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. 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 Ilse Permit No. 1806, a request to allow the expansion of an existing restaurant's "net public area" by adding TO: Planning Commission - 3 an outdoor dining and drinking area. 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 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). 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 for the establishment of an outdoor sales area in conjunction with the expansion of the future Crown Ace Hardware facility on the subject property. The Crown Ace Hardware facility will be located in what currently consists of six adjoining retail tenant spaces within the Newport Hills Center. These six tenant spaces contain a total of approximately 6,934 sq.ft. of gross floor area. The applicant is proposing to expand the gross floor area of the subject building, thereby constructing a 1,700 sq.ft. addition to the future Crown Ace Hardware facility. Said addition is proposed in accordance with the Harbor View Hills Planned Community Development Standards and the hand Use Element of the General Plan with respect to FAR, parking requirements and other development restrictions. The subject of this application, however, involves the establishment of an outdoor sales area for the Crown Ace Hardware, in addition to the development noted in the previous paragraph. As may be seen on the attached site plan, the proposed outdoor garden area will consist of 900 sq.ft. and will be fully enclosed by an 8 foot high wrought iron fence for security purposes. The applicant has indicated that the outdoor garden area will be completely open to the sky, with no patio cover proposed at this time. The applicant has also indicated that the outdoor garden area will be utilized solely for the display of plants, and not for the storage of garden supplies or materials. Staff has no objection to the use of an outdoor garden display area, as long as the area is kept in a clean and orderly manner and utilized only for the display of plants. Off -Street Parking Requirement Off-street parking requirements for commercial developments in the Harbor View Hills Planned Community are in accordance with the W' Combining District as set forth in TO; Planning Commission - 4 Section 20.30.035 of the Municipal Code. The parking requirements are as follows: Retail and commercial stores: One space for each 250 sq.ft. of gross floor area. Inasmuch as Section 20.30.035 of the Municipal Code requires one space for each 250 square feet of commercial space, the currently existing six retail tenant spaces generate a parking requirement of 28 parking spaces (6,934 sq.ft. + 250 = 27.7 or 28 parking spaces). The proposed additional gross floor area will generate the need for another 7 parking spaces (1,700 + 250 = 6.8 or 7 parking spaces). The creation of the subject outdoor garden area will generate the need for 4 parking spaces (900 sq.ft. + 250 = 3.6 or 4 parking spaces) for a total of 11 parking spaces. Thus, based on the above noted parking requirements, the parking generated by the entire Crown Ace Hardware facility will be 39 parking spaces (9,534 + 250 = 38.1 or 39 parking spaces.) The following table summarizes the parking requirements for the proposed Crown Ace Hardware facility (including indoor and outdoor expansions) as well as the existing remaining uses in the subject shopping center. Commercial/Retail Uses: 600766 t sq.ft. + 250 sq.ft. = 243 spaces Automobile Service Station: Use Permit No.1836 12 spaces What's Cooking Restaurant: Use Permit No. 1806 9 spaces Thai Touch Restaurant: Use Permit No. 3067 13 spaces Crown Ace Hardware 39 spaces McFadden's Bake Shopper Use Permit No, 3523 6 spaces TOTAL: 322 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.1806 (Amended) (refer to Item No. 2, 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 result in a surplus of 21 parking spaces (343.322 = 21 parking spaces). TO: Planning Commission - 5 Specific Findings and Recommendations Section 20.80.060 of the Newport Beach MunicipalCode 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. 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 the 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 publiahearing which would warrant the denial of this application, the Planning Commission may wish to take such action. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By�[4�L' C�i14Li DANA O. ASLAMI Associate Planner Attachments: Exhibit "A" Vicinity Map Plot Plan and Floor Plan F.\W P51\PLANMNG\DANA•A\UP\UM28 TO: Planning Commission - 6 EXHIBIT"A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3528 1. That the proposed outdoor garden area 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 outdoor expansion will be adequately served by existing on -site parking. 4. That the approval of Use Permit No. 3528 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 outdoor display area shall be limited to a maximum of 900 square feet. 3. That the outdoor garden area shall be kept in a neat, orderly manner, and that said area shall be utilized for the display of plants and related decorative items only. 4. 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 commercial space and outdoor sales area. The proposed on -site parking, vehicular and pedestrian circulation plans shall be approved by the City Traffic Engineer prior to the issuance of a building permit, TO: Planning Commission - 7 5. That one parking space for each 250 sq.ft. of floor area in the expanded commercial space (including the outdoor garden area) shall be provided on -site (11 spaces). 6. 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. 7. 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. VICNI TY MAP ASTRICTING` M AYrtKtYYtt M[MlgfUt MITtKf 444tt IIYrT MIgRt Ivrtt• •lfDSMYµ Igt4tT KnNttt/ t/yµtlllt ttretYf4t ' YKllrtt NMlfhillt MttAKT tW1111hf M rP Mtn" f Cir>• Or WAC CITY---OF--N r hwhfawel <M.[Aewt wtatT twittf tWMNdAt •YirMU At41q[tµ MOYtT too" "N4,14t4t IltttKT 1 tOgtAAt t",,,4*At MntKT IYIIIwtMnt MtTwoor YYtMtflr Kf "nlg, 0MCc danry `*CH --CA MITI M,ecvurok! IMIYIItlS1 YtYVAtYytly INnM r IMNto *Y•Mmic, •'•no tW:— pY1wg1 M'fr Mtt•Kt MI OM fetw.r r�.w•. U5 E PEZRIT Alb. 3soq� If f 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 Hearine) 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 comer 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 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). Conformance with the General Plan 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 (F.A..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 Ease 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 Ralpits 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 am. 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. Anal.L 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 sq.ft.. Inasmuch as the proposed addition will encompass aportion 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 sq.ft. t,,,apansion of Loungf/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 Planting 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 ± sgft. _ 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" z 50 sq.ft. = 17.96 or 18) Thai Touch Restaurant: Use Permit No. 3067 13 spaces McFadden's Bake Shoppe: 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 20.72 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. Tw U, :,, I cTWM,n Ti, 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 W. 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 DANA O. ASLAMI Associate Planner Attachments: Exhibit W 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\PLANNING\DANAA\UP\RBnS UP1806A TO: Planning Commission - 8 EXHIBrr "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. VICILVITY MAP Arr Y./ t0 GTY QT ARVMf Na---MAP--CITY-OF-- AM�tµtWAL.tfMOtYTIII NI'MKT � 4AKt IWKT N/Tllltt WINIA K[I/[tT1LL NMKt Kmlttt/ YULTIII( At.4tMTUL Mltl/lt t[/Ittw"L M/lNtt t0NYp1It 04 'A- t1/ttKT AWt/641100/ tMMUML 01111tT LMt1U ttYYt.pAl • bWWL[ K/INYnAL MATIBt LIMIT t[YYptYL M1t11KT OWKAL toYWWM. M/TAYt IY1tMYNIft MOW YYCLAi.ltltt elinitT �l M/TMtT ttMTAKI[/ YAYVAflMW tIt1M[t A M/I WYiwwt M'M'NIAItT pY/MIY/ MA�''titKt Mtl USE PERmiT No. «. /A. , ".I OW& cowry -A. I.Y.A. c COMMISSIONERS city of Newport Beach i•; ,'"' ,}, Motion Ayes :. Absent .ee3. October 21, 1976 MINUTES Request to amend the Planned Community Development Plan nd Ufor se Mapwand tText. eand the raccept;ncemit sofnhe an en ' onmental document. of Loc_ at_ i_ on: pjace�"nboundednbyiBirch Street, rthur Boulevard, Jamboree Road, and stol Street. lone: P-C Applicant: Stuart M. Ketchum, 'os Angeles owner: Same as Applicant ,st of lannin X X X X X X At the requued thishmatteritontheal,pmeeting ofm X November 4, 1976• INDKX Request to permit the establishment of a delica- U tessen-restaurant facility within Area 14 of the P "Harbor View Hills" Planned Community. Lot 1, Tract No, 9014, located at A Location: 2632 San Miguel Drive, on the southeasterly corner of San MiguDrive and el d Road in the Hr Hill Center (under construction)L Zone: P-C �jplicants: Lucy and Jorge Luhan; and Mary and Rocco Zavarella, Newport Beach Owner; The Irvine Company, Newport Beach Public hearing was opened in connection with this matter. Lucy Luhan, one of the applicants, appeared before the Commission and concurred with the staff report and recommendations. Pago 4. •'S , • �4 +�.. •;,.�•�• COMMIBBICNEpB • �t City of Newport beach MINUTES �,, .><•Is tOctober 91, •.���Yt eHoix 'r-z'' NOLL CALL h+xf� There being no others desiring to appear and be heard, the public hearing was closed. n dart, x Motion was made that Planning Commission m+ke the Motion Ayes x x x x x x following findings: Absent x 1. That the proposed use 1s consistent with the Land Us! Element of the General Plan and is?z+,' compatible with surrounding' land uses, 2. the project will not have any significant o +: •','••; ;:�i� environmental impact. } , �• • +.�s 3, The Police Depr.rtment has indicated that they <rf-•" *1+ Y do not contemplate any Problems' i 4, The approval of Use Permit No. 1806 will not, • under the circumstances of this case be f `.1"ItY detrimentai to the health, safety, peace, �,'• r morals, comfort and general welfare of persons �,• w:f residing and working in the neighborhood or be dell r impro- imental or injurious to property o_ vements in the neighborhood or the general'. welfare of the City. i:- �, and approve Use Permit No. 7806, subject to the`;,,_ ia• following Conditions: 1. That development shall be in substantial ;• ;f` conformanct with the approved plot pitns. t 2. That a minimum of one parkin4space for each f�;;;'• ':. -•-.,,:; AO square fret of "net tlooraret" 1n the ;,.w:• restaurant facility shall be maintained in the common parking lot.`,? r; p; »` J. That all mechanical equipmtnto storage, and ,•;c;. ;?x trash areas shall be screened from adjoining qFA Properties and public streets, 4. That all exterior signs shall be in Accordance with the approved sign standards EermStted in Area 14 of the "Harbor View Hills Planned Community.` S. That the deli a Lessen -restaurant facility shall not be open for business prior to 9:00 A.M. or after 10:00 P.M., seven days a week. POLL CALL City of Newport Beach WIINUTES October 21, 1976 tN orx or a erod of I6. Ththis atval shall be twodany extensionshallsubject to the approval of the Modifications Committee. General Plan Amendment 76-3 consisting of eleven parts as follow!: the nd Use Part l: Element and Re.sidential-3-A: An amendment oGrowth aElement to change the designation of four lots at the southeast corner of Dahlia and Fifth Avenues in Corona del Mar from "Retail and Service Commercial" to "Two - Family Residential." Pa 2: 76-3-B: An amendment to the Land Use Element, Residential Growth Element, and Recreation and Open Space Element to revise the open space and paseo system a Harbor ted PlannedµConmunitylls forconsistencdevelopmentwith Part 3: Part 4: Part 5: Part 6: pl at> e 76-3-C: An amendment to the Land'Use Element justing and clarifying Specific, Area Plan I undaries. 76-3-D: An a ndment to the Land Use Element adding dministrative, Profes- sional and Financ al Conmercial" as an Ger alternative to the xisting Industry" d.,�qntoireX actingto ruses. County Air 76-3-E: An amendmentnd Use Element changing the n of existing commerciSouth al sterhY side of Pacific Coast of Bayside Drive from "Recreatl ial and to "Retail and ervia Marine Commercial" commercial," to re:lect existing us 76-3-F: An am'.ndment to the Land Use Element text and Residential Growth Ele- ment text adding a discussion of the onstheility Of undevelopedidential portion Ofthe Page 6. 4 ; H Q MINUTES S Janusry 5, 1984 Cie of Newport Beach INDEX pm•}s. Dee tarmi! No 180E (Amcnded) (Public Hearin) Item 49 pequest to amend a previouely approved use permit which dbeera "wines rthe Ri• *WeWiant otfment �sale f I tout and in f►c ry with and Mills Center (S. a., Area 11 of the Harbor View ` 1.. { . NavpoCC Hills Planned Communityl, The Proposed amondmenteis to 'net b y USE pLANTT '}?'tc•• allow an expansion of the existing pub dining and drinking area in front of No. 1d06 adding an outdoor ANLHDLD`^.•' the restaurant. WCATIONS Lot No. 1, Tract No. 9014, located at the 2632 San Niguel Drive, on San Miguel Drive :3::,:• southeasterly Cornet of and Cord Atad in the Newport Mills PG. •., center, >:•. APPROVED s,+: ZONES P-C COM01. APPLICANTS NhaC,a Cooking Mtstautont, Newport Mach i OttALLY _ ,f �'•; }pr, fMNEKS The Irvine Company, Newport Basch yt,• q,i+:tc 4A� The public hearing opened in connection with this item the applicant, ,,5,• and Mr. Jorgt Luhan, representing Commission and requested approval , appeared blfon the OC the ueanded use permit. in response to a question posed by Chairman King, is of the Planning Director "*wicker stated that staff ratio is adequate for the r•,, opinion that the parking inasmuch as no dancing or live rvstaurant, antertainment is proposed, and the restaurant attracts �•ti�t• Customers from nearby residential areas, or persons who Further, he stated are already at the shopping clntar. already the businesses in the shopping center are �.. that many of during the evening hours, thereby Providing closed Additional parking during the evening - In response to • quaa:ion posed by Chairmen King, .,•. •, Planning Director Mawiekar stated that An additional ba imposed which would state, "That t •:,�,; condition could the incidental outdoor dining and drinking area shall i, be permitted under the existing cover of the roof and seating for ; in front of the restaurant, not to exceed 24 persons," I I >}a• n MINUTES COM Jha 4,6 ® January 5, 198.1 I o o € Cit of Newport Beach Notion All Ayes In response to a question posed by Chairmen Kinq, Mr. Luhan stated that the outside seating would be removed after closing hours for maintenance and security purposes. Motion was made for approval of use permit No, 1806 (Amended), subject to the findings and conditions of Exhibit "A", with the additional c,,ndition as suggested by stiff e inc' which MOTIONIGRRIED �ashfollowsdental outdoor dining, FINDS_NOSt I, That. as conditioned, the proposed pladevelopment is compatible with a.urro ndingland uses. and is consistent with the , 2. Aduquate off-street parking spaces are being provided for the proposed restaurant use, 3. The proposed restaurant will not have Any pthat significant environmental impact, providing vi parking demands are met* ded) a not,a'undea7 the Use Permit No' circumstances lof6 this will Of case, be detrimental to the health, safety, peace, corals, comfort general working intheneighborhood, or persons and be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall nplanuand floor be conformance with the approved plot plan, excepe as noted below. 2. That a minimum of one parking space for each 50 square feet of thr restaurant "net public area' shall be maintained in the conmon parking 3. That the existing outdoor dining and drinking area shall be reduced in area Ao hmaximum of 80 Of exterior net public area" isted sq,ft. -s0- Notion All Ayes 7it • January s, l9e/ City of Newpcxl Beach MINUTES 4. That the planning Cotad uion PAY add and/or modify conditions of approval N, this 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, causes injury or is detrimental to the health, safety or %. Ifnrs of the tomrunity. S, h•1shall be tall other ptulfilled.nditions of Use Permit N and nking 6, wc.a shall be t the dpersitud dunder oor dining gemitting icov*r of the roof and in front of the restaurant, not to exceed s*Atinj for 2e persons. a • a Central Plan Aeendawnt s3-1(bl (Discussion) Request to set for public hearing, an asendmant to the Newport seach Central ?Ian, for property located within Area S.tt lapncif ifitZcahe Ily tridentit we d ilas alsal n theC property desiudacion o! n"1.owlDensity sR 1sidential"oustator Lhe subject roperty. INITIATED s The City of Newport seach Thor* bong no dis uion, the following motion was MAW Notion WAS made to set Can al Plan A""on dment Al-1 (bf for public hearing on JAnua 19, 193e, which MMION CARRIED. -A1- COMMISSIONERS lt' WMIR16 \ May 10, 1990 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 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 PI g Commission. 1.16P Permit No 1806 (Amended)(Public Hearin el Item No.4 Request to amend a previously approved use permit which UP1806A permitted the establishment of a delicatessen/restaurant facility on -sale and off -sale beer and wine with outdoor seating in Approved with 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 comer 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- CCMMISSIONERS May 10, 1990MINUTES OLL CALL ation Ll Ayes CITY OF NEWPORT BEACH 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. 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. S. 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. Motion was voted on, MOTION CARRIED, 1. That the proposed use is Elements of the General surrounding land uses. consistent with the Land Use Plan and is compatible with 2. That the project will not environmental impact. -17- have any significant INDEX COMMISSIONERS May 10, 1990MINUTES F N CITY OF NEWPORT BEACH ROLL CALL INDEX 3, That adequate parking is available on -site to accommodate facility inasmuch as a majority of the proposed restaurant work or reside or are otherwise already the patrons either 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 and a of the required parking (17 pertain to walls 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 of this case, be detrimental' not, under the circumstances 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. CQND1T10N& 1, That development shallsubstantial conformancewith tplan and floor plans, except as 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 waived by the Planning for the parking spaces Commission. 4. area forrefuse containersprovided in hay as to allow direct drainage into sewer -not into the Bay or storm drains unless system and otherwise approved by the Building Department and the Public Works Department. -18- May 10, 1990MINUTES COMMISSIONERS 1W 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, 9. That all applicable conditions of approval of Use Permit No. 1806 (Amended) shall remain in effect as 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 screened from the adjacent street and adjoining properties, 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 9:30 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- MISS Y• . ` WHAT'S COOKING? "bistro & 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 e, 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 • Newpott Beach, Calif. 92660 6 644-1820 TM THE CARLSON COMPANY June 27, 1994 Mr. Mark Meyers City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92659-1768 Re: CROWN HARDWARE FAIR SHARE ASSESSMENT Dear Mark: LOY PLAty�Ai�IRIICi )3a=i��&P"2'MENT AEA SE) _ 8 1994 PM 7AB'IJtIi,i2' A314e5t6 b Enclosed is our check in the amount of $4,356.00, representing the fair share assessment fee of $4.85 / s.f. of 990 s.f, of Crown Hardware outdoor garden area. This remittance is being made solely as a condition for securing the fencing permit. It does not constitute an agreement or acknowledgment by the landlord or its agent of the appropriateness of this fee since we feel the garden area does not meet the true intent of the retail fair share assessment. At some point in time, should this outdoor sales area be deemed non -assessable or assessabl�at a lesser rate, the landlord reserves the right to reimbursement and/or credit agalnkt future assessable development. Sincarr?Iv. DV:pr cc: Russell Lowe, Irvine Retail Properties Company Dan Burgner, The Carlson Company dv\npb0823.itr 550-C Newport Center Drive, Suite 199 • Newport Beach, California 92660 • (714) 640-2968 • Fax (714) 644-3972 M TO: FROM: MEMORANDUM Jim Hewicker Planning Director Richard Edmonston n.,.x/ Traffic Engineer �ll"" DATE: December 3, 1993 SUBJECT: Plan Check No. 917-93 2500 San Joaquin Hills Rd. An as -built parking plan was submitted to my office for review and approval on 12/2/93. The project is a remodel of an existing service station on the northeast corner of San Joaquin Hills Road and San Miguel Drive. The plan check was processed with a total of 11 parking spaces. However, on reviewing the as -built parking plan and verifying the plan in the field, some significant changes were noted. The new parking layout includes tandem parking, parking behind the handicapped space, and some substandard parking spaces. The changes in the layout are due to shortening the main parking aisle by 20' and the construction of a fenced area that impacts the remaining parking aisle. The fenced area is used for soil clean- up. Before deciding on a final position on the parking, I would like the Planning Department's perspective on the use of compact and tandem spaces.! I'm opposed to the compact but don't object to the tandem although it seems that a Use Permit or other formal approval is required before they are allowed. Let me know. For your information I consider Spaces 8, 9, and 11 on the attached plan unacceptable and the project will either have to seek a waiver of parking or rebuild per the original plan. cc: Marc Myers :y. GOti G'L.••'� \�'A wiL 1 /(+I,dl �(^I r/O'-0r ih'.,7� 'id_•r+' 2N' Ld� �� 1 rah L. I ` iJt r.� s �y�J-p4-•+R.4. PAJIN'C. �f'CgaGRE!'3 aUFO Tf . - -4p,o/ 11 11 7--4- -I. . —��• ' r•�� u•+q avAcea I A.G. P,nvWG � I r LP+f•1Y I w l.bje rda. i PAW - mow' s:l I � � O.GAr! i 46 1 OV, I'Z oT H �m r.! 'M1+i /ati,QwINC. Mydpy�gw�^rFtf? u1R"'CUr�'b Yt,G. RC.:_A,sN.. C.S:9D�T�'� • F.'�.'y will OJI:: j u4"'" - .. , i . ^• •I}I IJILCIM4 M4N,N4 ♦ • 04 66 Goo N.•--s3•� 6CVzC • NMI Iti.4JD • MVAK WI C.MAZDi Q4&= 04A • •. 1 "PocApv oi.rJ /Moir ma 9ZLA" • AMAtF-'!" ._40N406TO /AVINp 4 O-L" COMMISSIONERS `. TY OF N ` rT7O U _� MINUTES ROLL CALL' �o s �January 7, 1971 INDEX Pla ing Director Wilson read into the record a lette from the Irvine Company indicating that the have ap oved the location but they have not, as yet, appro.,.Pd the design. Mr. Tony Richa u on represented the applicant and stated that they e anxious to have this applica- tion approved as i�t as been held over several times; he,stated furtl`?r that they want to co- operate in every way,pos�blMotion x After a discussion, theation-for a'direct- Second x ional sign was 'approved, subjec` tetoe „following All Ayes conditions: 1. That tho height of the sioon be "1.1mited to 25 feet and ,the size to 40 sq ,t per - side; the actual design and shape to he approved by the Modifications Committ� 2. Prior to the approval`of a building permit .for this sign,,'the existing sign, -,and supporting polo structure advertising the "Ocean Toad" on East Coast Highway shall be removed. Item 7. USE Request to construct a gasoline service s`tatioj in conjunctioi. with the Harbor View Hills Shopping PERMIT Center. N0.141)1 APPROVED Location: Portion of Block 93, Irvine's Subdivi- sion, located at the northeast corner San of ,loaquin Hills Road and MacArthur Boulevard (realigned). Zone: C-O-H Applicant: Shell Oil Company, Anaheim Owner: The Irvine Company, Newport Beach Planning Director Wilson reviewed the application with the Commission and Mr. Mike O'Matheny, Real Estate representative for the Shell Oil Company, as well as Mr. Martin Zaldo, addressed the Commis- sion: They stated that they objected to the restrictions as suggested by Conditions 2 and 4 in the staff report.' After, a discussion regarding all the conditions ROLL CALL f 4 Motion X which the Commission feel are necessary until a service station ordinance is adopted, the applica- Second All:Ayes x tion,was approved subject to the following condi- i tions and changes as discussed: 1. Operation of the station shall be limited to. A. 'Dispensing of .gasoline. R. Sale and changing of engine oil and filters. C. 'Lubrication of motor vehicles. D. Sale and installation of batteries and minor automotive accessories. E: 'Sale, mounting and repair of tires. F. Auto washing and waxing when done entirely within a building but not including any,,automatic or self' 1' service car wash. G.,,Operation of.the station shall be limited to: Motor tune up service, the sale, 'replacement and installation of brake shoes; cylinders, _and minor replacement brake parts, and air con- ditioning service. ,There shall be no major, engine" and transmission over= 8 iaul or repairs. Nor shall there be any upholstery work, glass replace- ment, painting, welding, dismantling,. and body and fender work. N..:Merchandising - no service station shall be operated in a self-service manner. No sale, lease or rental of items, e.g., trailers, trucks, toys, -peat moss, dolls or other items not clearly incidental to the automotive -.industry, shall be permitted. Soda pop, candy and cigarettes may be sold via dispensers if such dispensers are housed within a building and are not visible to the public right-of-ways, 2. All 'tires, oils, additives and other auto- motive items shall be housed within the building, or within permanent display cabinets mounted on the pump islands. No outside displays of merchandise of any kind shall be permitted, with the exception of a 3 tire display rack located within 10 feet of the main structure. 3. There shall be no flags, banners, spinners, Page 6. streamers or other attention attracting devices permitted at any time an the site. .4. Signing - a maximum of two signs, not exceeding 100 square feet, shall be per- mitted on any service station site. One sign not exceeding 50 square feer., on each of a maximum of four sides, may be permitted in a free-standing location. No rotating, flashing or animated signs shall be permitted. The sighing shall be as shown on the architects pr-liminary drawings. Price signs may be allowed subject to the approval of the Planning Director pending adoption of a service station ordinance. 5. All outside lighting shall be so arranged and shielded as to prevent any glare or reflection, and any kind of a nuisance, in- convenionce'and hazardous interference on nearbyproperty or streets. No direct , illumination sources shall be visible from 'adjacent properties or public right-of-ways 5. A detailed landscaping plan shall be sub- nitted to and approved by the Planning Director. Such plan shall include -the names of all plants, container size, spacing and'the irrigation system proposed. Adequate trees shall be included to screen the station from the nearby residential development. All landscaping shall be in- stalled in accordance with the approved pla and shall be permanently maintained in good condition. 7. All landscaped areas shall be separated from paved areas by a concrete curb 6 inche higher than the'adjoining paving. 8. All utilities serving the site shall be installed underground. 9. The development shall comply substantially with the plans filed with the application and these conditions of approval. 10. ,All provisions for disposal of runoff waters shall be approved by the Director of Public Works. �D Page 7. 11. This approval shall be null and void unless Resubdivision No. 284 is approved and completed. 12.`.Gasoline delivery - no delivery tanker shall be permitted to park on public right-of-ways during gasoline delivery. 73.,'Parking- a minimum of 10';on-site parking s spaces' shall'be provided. ` 14: `The Planning Commission shall reserve the right without necessity of further -hear- ings to' require' minor,' modifications of any of the foregoing conditions or the, working drawings if such modifications will_achieve substantially the same results and rri 11a n' no way' be detrimental to adjacent properties -and improvements than will the strict compliance with - „said conditions and preliminary plans, ` Item 8. Request 'to establish '°a*pet shop specializing in, USE tropical fish with occasional birds, reptiles and PERMIT small mammals, to be located in the "Balboa JO E504 Pavilion". APPROVED' Location: Lots 4, 5, 6 and 7 of Block G and Lots 1, 2 and 3 of Block H of the Bav Front Section, located at 400 Main Street, Balboa. Motion Second:<, - Zone: C-1 Applicant: dward P. Comfort, Costa Mesa Owners` Dav s Locker Inc., Newport Beach Planning Director Wi on presented the application to the Commission and 1{ Edward Comfort, the applicant, answered ques ons. He stated that he would have at most 8 or 10 eptilos and no monkeys. It was also noted that the St e's regulations eliminate the possibility of ke ing dangerous wild animals. Mr. Phil Tozer addressed the Commissio and stated they have turned down a number of t9nant they felt ],were incompatible and that this requested use seems to fit in well with other operations in the Na. She applicatioo was approved.. ` Page K . mi LL! C� 11 L —� — I i I� I II I 40OW AREA II - (3) 9' X 18'. II - YARD LIGHT �j II Oa PARKING STALLS _III TANK VENTS 0000 (1) 9' x 16' I PARKING STALL II TRASH ENCLOSURE I II I it I II J II I II t II SERVICE BAYS I iI I II I ►I ' II SALESROOM I II I II I II I II 1 10 HANDICAPPED (1) 9' x 18' STALL P, \ \� MONUMENT \ \\ SIGN (5' I.D.) - 40OW AREA AIR & YARD LIGHT WATER UNIT - — —�\ EXIST. ELEC. PBOX O O a II ® © O II ((jj N PARKING STALLS II (2) 9' x 16' ® II PARKING STALLS II 40OW AREA YARD LIGHT 0 li8Svdd 836WnN 9NMV80 M � w? Juts i 11 Q) O C awtc W F G Z ww a o W �os=0� U Q O X } a w 0 2 C� LL� N LL. J J W W W O 5 ¢ J X Z al u _ 1LL: M W QZC>U }w 3 UWwS Zm m i ¢ S O U mC'o�= �azwsu, 0 Y S U m Q 0 z 0 w I O O Oo O w = Uj 0 o Z w L0 OQ at ZQ a Op Z in w w Do > a OJ O � U s` U U go oo Z� V)o O w3oZ w a zowm a C�O�-C a L_ WMV1m c Q .J 0 Q V 2 0 C'L = LL J Q V I— Z /� Y. ♦A O LU - JOao �LLN 0 Z in Q N SAN 'JOAQUIN HILLS-, ROAD W PREPARED BY: PLOT: 1-10 KHR REF: PLRASBLT " DRAWING NUMBER W111111AMbbo.. KHR ARROCII Air ER PLRASBLT TRANSPORTATION/ENVIRONMENTAL/URBAN SYSTEMS 18500 Von Korman Avenue - Suite 300 Irvine, California 92715 (714) 756-6440 SHEET NUMBER - _ - - UNDER THE SUPERVISION �4 0 r - .. JAM'; H. KAWAMURA �(R�:.E. 30560) f ;liy'y F.� W�:r.,•M..l-.. 7`7+Y'..1 ,. ,y<i:' bK' •.1. ., Lp 1' � •! M .i t �"(n Lv. '..' s` ySy ht. .r:+._•.,, _! ,C, MAULa11N HI+L � 1 ^4` t ,' � , "1. '-�±• . ;�>r' - - •' P fLIGNTIN +, .3'.. e F,z' t �`. °V ra�a •L, ♦!•. 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If ]Ppliof 1 p 7_1 UTTER 14 _+yPE a Cums INIM.;. 0% Aft"Ri WIN DOWCU AS 8"WINA.' x I _7 f r% OR WITA AN 400XY AVPRCNED BY TIME cmel"Etfl. Tm ME k[ASUM At tuns List At Too Op two 20- 117, a.AlUkex"Sto CORNERS ON oce tunst AND 6VTttfk$ to owlEwIVITNy ItOYNDED ?H A f/to RADIUS. - -, '-, , ;:,.,: , . , , .3 CL. 4 4 DOWEL. Ar4'OC.- [or on". U"atm. —6 ch C1 ORCUTIED IN PLACE 4. AND rod" t).' 'e­­#!!1%IbAmPUBLIC WORKS AS$OCIATION -'SOUTHERN CAUFORNIA CHAPTER 11011101MUNAU11110 V THIS APWAAW ;Doftmm i, 6URBAND GUTTER -BARRIER. -120-0': SHM I OF I .01 Ir 91100 r.V All, !4- (Y U (� \ •lip \ ,,A',: I r,!1,��j"1li{ I : , F'I 1 I�� i !Mspili.. V ,y ti+ 4- 7* � :, i - • '" a1 \ i\ 1 � \ ' h!il,H ,l{11.1 it i !rr!i: � (fit % f (y �y (Y * It wL jo It q "co SATTtRS K ' i \ m — .,. - • „� '. ­yf V LA BUILDING DEPARTMENT le, CITY OF NEWPORT BEACH, CA• SS OR IMPLIED 4CONSIS APPROVAL OF THESE PLANS DOES NOT CONSTITUTE EXPRES OR CONSTRUCT ANY BUILDING IN VIOLATION OF. OR INCONSIS OF, Op I AUTHORIZATION TO TENT WITH. THE ORDINANCES, PLANS AHD POLICIES OF THE CITY OF NEWPORT 10-MIN V.ENDTH REACH. THIS APPROVAL DOES NOT GUARAPTEE THAT THESE PLANS ARE, IN ALt fill ORDINANCES, 1! RESPECTS, IN COMPLIANCIT WITH CITY, Q'ILDING AND ZONING fi PLANS AND POLICIES. THE CITY Or NEW91"' PEA 'IF1 VES THE RIGHT ky C9 T, 11AF OR IMPA• REOUIRE ANY PERMITEE 10 RE TVI OU val "t 'VENT AUTHORIZED BY TRES' NANS. CE;Cr I&W.L= Mwpo IION, IF NECESSARY TO CO1JlPLv WITH THE E H Ay 114cr• OF THE CITY OF NEWPO FIT BEACH 7 L 4W IS of 1ukkSS'*twwft9e. 0 I APPLICANT'S ACKNOWLEDGEMENT �e�.i. V. It it iz� 04 4,c TYPES 61.11t. 93, AM Ell AAII 604101& IATE �fo OF PORTLAND:, - 74� A DEPARTMENT Cgw0avONaP*m PUBILICWORKS SHALL BE ANC11460110 VITTH OOl AS 00" CA YMN APO KPOIKY'Alt"C"O IV " 9411*1111, 1k ALL 00bom com"Spi bpi PC6 ou"S AM GUM11106 *a *m A PAD%* IOUTHERN CALIFORNIA AMERICAN PUROC WORK! ASSOC!Ar CHAPTER; STANDARD PLAN CURB, AND; GUTTER -BARRIER 121 wO USE= TYPICAL RAMP, too L 4 , O SAN WGtkL 1 00• CL FIRE GRADING If APPROVAL To ISSUE _u �� 'r, � t,�' DV% r-ar"yr - -ar" . AFIC ,VA - v Irl) �IkZ4, virt" -Apt� -2 DATE OF CAUL ttttttttttttt DATE: DRAWN: JOB NO.: TITLE: SHEET NO.: A - OR COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Telephone: 1714) 644-3200 Plan Check No: By:Genia Garcia, Associate Planner By:Chriety Teague., Associate Planner B :Marc Myers, Assistant Planner ) ,1� By: Date• -_ Address: 2-� T4 -S " M�� �� l Districting Map No. S4 Land Use Element Page No._��'�3 1 Corrections Required: Legal Deedription: Lot Block Section Tract 47671* Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,000. Covenant required. Please have owner's signature notarized on the attached document and return to me. d'' Lot Size 35A', bpi(o r c' 04- Zone {�G ' HavbwDew H[LL6 (FGc,) Proposed Use A6LV dV1%1r_ `S_{ZYf:. Required Setbacks Front Right Left S +a -1 WW z4: ar1-G%r��u,-ode, d �.ti #- Rob hH & v° c' Eai°ruvx S + ee--m Now FAR WORKSHEET .`vxo' Lot area (site area sa.ft.): 35'{: sq.ft." 4.s s�d Base Development Allocation (BDA): lo&, 21-+ Comm sq.ft. (e3 FNiLi [0.5 x site area sq.ft., unless otherwise specified in Land Use Element] FAR permitted, without variance: (A) Comm res nka Square footage permitted: Comm res nka sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) Comm res nka Maximum square footage allowed: Comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. sq.ft. (D) Reduced FAR use sq.ft. sq.ft. (E) Maximum FAR use sq.ft. sq.ft. (F) TOTAL SQ.FT. [C+D+E] sq.ft. PROPOSED FAR - [ F % site area sq.ft. ] PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category sq.ft. Base sq.ft. Reduced ft. Maximum SQ.FT.(May pot exceed BDA) ,.{� ` •� cje%� l"� a T viide tissue overlay of calculat a to verify provided square footage. wired Parking ��ZJ d Q✓-05S b'(o344 Z5-0 = 34 5 3S S Posed parking (Indicate number of stalls eor de , ,. Total On -Site Parking,IZ �¢ /acre Y�� Standard Compact�'�`�� In -lieu Parking Dimension building height as roof height i , �:...��Ir �. %Alm A.K-I' /J�.'✓/fMr+ 1� Show natural grade line on all elevations Show all rooftop mechanical equipment and dimension from grade directly below. ndicate location of trash containers on site plan. Number of Stories i floor Plan fully dimensioned showing all room uses6 lot l�fully dimensioned sh oc tion o all build es, etc. in lain 44 s��S Share an Joaquin Hills Transportation Corridor Fee�'GG �?na /� -17vH" �teJtGlen 1+'a �a� max - a Please indicate an is r va he plans and incorpora the attached; aqvx MIT. d fiat of findings and conditions into the bluslins drawings Modifications Committee: Modification recuired fc J + "'10 n 1 nnino Commission) Use Permits Variance: Resubdivision/Tracts Site Plan Review: Amendments other approval letter into the blusline drawings Indicate Approval No. on Bluelines pN f%ii4+x4 Public Works: easement/encroachment Permit zf 11subdivision Engineer ffic engineer - fLi" cj�ccR, p �a9 �y4�( Approval of Landscape Plans / crv�.0 j47 .•&yu-e 4. Buildino Departments 4rading Engineer Parks Departments Approval of Landscape Plans Coastal Development Permits: Approval In Concept (AIC) No, (Note: File 3 seta of plans: site, floor, and elevations) Coastal Development Permits No. Effective Date: Waiver/Exemption: No. Effective date: fol /�4Vt�i,. NOTE: it is the responsibility of the applicant to circulate their plans and obtain the necessary approvallo from the departments checked above, if you have ques ns regarding your application, please contact as at (714) 644- FORMS\COMM-xON.COR 'ter I , C: Planning Commission Meeting April 21, 1994 Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission FROM. Planning Department SUBJECT: Use Permit No. 3528 (Public Hearing) Request to permit the establishment of an outdoor sales area in conjunction with the expansion of the Crown Ace Hardware facility on property located in Commercial Area No. 14 of the Harbor View Hills Planned Community. LOCATION: Lot 1, Tract No. 9014, located at 2636 - 2644 San Miguel Drive, on the southeasterly comer of San Miguel Drive and Ford Road, in the Newport Hills Commercial Center of the Harbor View Hills Planned Community. ZONE: P-C APPLICANT: The Carlson Company, Newport Beach OWNER: The Irvine Company, Newport Beach Application This application involves a request to permit the establishment of an outdoor sales area in conjunction with the expansion of the Crown Ace Hardware facility on property located in Commercial Area No. 14 of the Harbor View Hills Planned Community. Outdoor sales are permitted in commercial districts upon the securing of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. 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). Conformance with the General Plan 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 TO: Planning Commission - 2 Service Commercial' uses. Retail uses are permitted 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 (F.A.R.) development limit of 0.3 (106,217 sq.ft.) on the subject property. Although the subject application involves the addition of gross floor area to the multi -tenant building 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 Prop_ea and Surrounding jand 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 Ralpbs Market, an automobile service station, a bank building and an office/animal hospital building. The subject commercial space 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. BackgtQund At its meeting of October 21, 1976, the Planning Commission approved Use Permit No. 1806, which permitted the establishment of a delicatessen/restaurant facility on the subject property. At its meeting of February 17, 19779 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. 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 an existing restaurant's "net public area" by adding I) TO: Planning Commission - 3 an outdoor dining and drinking area. 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 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). 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 for the establishment of an outdoor sales area in conjunction with the expansion of the future Crown Ace Hardware facility on the subject property. The Crown Ace Hardware facility will be located in what currently consists of six adjoining retail tenant spaces within the Newport Hills Center. These six tenant spaces contain a total of approximately 6,934 sq.ft. of gross floor area. The applicant is proposing to expand the gross floor area of the subject building, thereby constructing a 1,700 sq.ft. addition to the future Crown Ace Hardware facility. Said addition is proposed in accordance with the Harbor View Hills Planned Community Development Standards and the Land Use Element of the General Plan with respect to FAR, parking requirements and other development restrictions. The subject of this application, however, involves the establishment of an outdoor sales area for the Crown Ace Hardware, in addition to the development noted in the previous paragraph. As may be seen on the attached site plan, the proposed outdoor garden area will consist of 900 sq.ft. and will be fully enclosed by an 8 foot high wrought iron fence for security purposes. The applicant has indicated that the outdoor garden area will be completely open to the sky, with no patio cover proposed at this time. The applicant has also indicated that the outdoor garden area will be utilized solely for the display of plants, and not for the storage of garden supplies or materials. Staff has no objection to the use of an outdoor garden display area, as long as the area is kept in a clean and orderly manner and utilized only for the display of plants. 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 TO: Planning Commission - 4 Section 20.30.035 of the Municipal Code. The parking requirements are as follows: Retail and commercial stores: One space for each 250 sq.ft. of gross floor area. inasmuch as Section 20.30.035 0£ the Municipal Code requires one space for each 250 square feet of commercial space, the currently existing six retail tenant spaces generate a parking requirement of 28 parking spaces (6,934 sq.ft. + 250 = 27.7 or 28 parking spaces). The proposed additional gross floor area will generate the need for another 7 parking spaces (1,700 + 250 = 6.8 or 7 parking spaces). The creation of the subject outdoor garden area will generate the need for 4 parking spaces (900 sq.ft. + 250 = 3.6 or 4 parking spaces) for a total of 11 parking spaces. Thus, based on the above noted parking requirements, the parking generated by the entire Crown Ace Hardware facility will be 39 parking spaces (9,534 + 250 = 38.1 or 39 parking spaces.) The following table summarizes the parking requirements for the proposed Crown Ace Hardware facility (including indoor and outdoor expansions) as well as the existing remaining uses in the subject shopping center. Commercial/Retail Uses: 60,766 ± sq.ft. + 250 sq.ft. = 243 spaces Automobile Service Station: Use Permit No. 1836 12 spaces What's Cooking Restaurant: Use Permit No. 1806 9 spaces Thai Touch Restaurant: Use Permit No. 3067 13 spaces Crown Ace Hardware 39 spaces McFadden's Bake Shoppe: Use Permit No. 3523 6 ,spaces TOTAL: 322 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. 1806 (Amended) (refer to item No. 2, 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 result in a surplus of 21 parking spaces (343 - 322 = 21 parking spaces). '1 TO: Planning Commission - 5 Specific Findings and Recommendations 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. 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 the 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 )N1) DANA O. ASLAMI Associate Planner Attachments: Exhibit "A" Vicinity Map Plot Plan and Floor Plan F.\W P51\PLANNING\DANA•A\UP\UP3528 TO: Planning Commission - 6 EXHIBIT 11 A N FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3528 1. That the proposed outdoor garden area 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 outdoor expansion will be adequately served by existing on -site parking. 4. That the approval of Use Permit No. 3528 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 outdoor display area shall be limited to a maximum of 900 square feet. 3. That the outdoor garden area shall be kept in a neat, orderly manner, and that said area shall be utilized for the display of plants and related decorative items only. 4. 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 commercial space and outdoor sales area. The proposed on -site parking, vehicular and pedestrian circulation plans shall be approved by the City Traffic Engineer prior to the issuance of a building permit. I TO: Planning Commission - 7 r a. 5. That one parking space for each 250 sq.ft. of floor area in the expanded commercial space (including the outdoor garden area) shall be provided on -site (11 spaces). 6. 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. 7. 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. VICINITY MAP L, arr Cr A,IAC ASTRICTINO-- ---CITY O...: MAP--CITY--OF--N AMkYLTW/b tt YlpllA4 bltYkf Pxµt GviN bltlltT t•Y Ytkh/Mhpp1 terk/q/l uR1utT WqH Y/IIHYIfK bRlk1 bt lW Nt1 HYYUbIt •YVITY/t 11P14nK MRYIT •tRYttt1 Yyxt�Ilt A(Y/txtlAt t•1 111R tiYYGtut INTtkf tt'•t� IAMAt YUTI/lt tt WtYtµl bRut} `�-� ttYtktbll bRlkf tW/4nht M /Il p/T/KT � ItTttKbAtt b/tMtf Y Yxl4Al µtkl INftlit 104TAµl0 YIwAtN1b1 4". "0"*1 M IYxblftltt t/YIYIIYI M•t•g4kT U5E P6-R-AIfT AW 3szk - IY -Al. coma 0 RIMS & As- SOCIATES, INC: Shopping center management, marketing, merchandising, market research MEMORANDUM TO: Bill Conyers Robert Bein William Frost & Associates FROM: Andy Fisher' DATE: April 20, 1995 RE: Newport Hills Shopping Center Site Modifications (NH2O00) RECEIVED R03ERT SEIN, 6vjll, FRpgr ---------------------------------------- -- Find attached a copy of the grading permit related to the repaving and restriping of the shopping. center dated September 6, 1994. The work was completed in October 1994, I have also attached a copy of the•parking site plan approved by the City of Newport Beach. .Should you have any questions, please do not hesitate to call. 550�C Newport Center Drive, Suite 190, Newport Beach, CA 92660 t 714/-721-6700 • FAX: 7141-721-8302 F - E Permit Counter -Phone No. aRADIiVG_PERMIT =' _.. _ •-_ .. _- _ _ .ty � e _,1•w.rai•r. Rs.•uela PMmNn f, I HEREBY AFFIRM TNATI E)GMPCFROMTHECONiRACfOR'$UCENBEIAW FOR'IHE. -WEA." "y;;�r ADDRE 3 AODRESS`iftf'_ °�'AREti,4 _ DESCRIOFWOPf10N.. i','i_. ice, OFWORIC i`IIF6161YW3' .�.., a FOLLOMNGRF.ASONISEC.TABUSINEBSANNm=o BBKINSCODE:ANYCffYOR000NIY - lY-Q3{YY7F -,.q,.•=..y.,�.+.-.,ca- WHIM REQUIRES A KRMITTO CONSTIIUCT;ALTEIG IMHIOVa;�LiBH,ORREPAIRANY- S UCIUREPRIORTOEMISSUANCEALSOREOUWfl STHEAPP PoRSUMMM"G •._. •- - _- •�-+r': -_1x •• _ a �.M� .p ; � '.^-- _ eat IWO •, FILE A SIGNED STATEMENTTHAT HE IS UCEN3ED PURSUAMIO;THERIOV610NS OFTHE. CONTRACTORS LICENSE LAW(CNAPTEA9 ICOMMENONGWITFt SECTIONTOODI OFOMSION• _-_-^: __ _i. FR -- _ '- ""__ �: .: -,t ��- -'- -.__, '-' - -" _ - -� �� �'-,.{a-SS SE,eCCw.ta;_�e ii IW4 30FTHEUSINESSANOPROFESSmNSCODq ORTHATHEISEID:MPfiHEAENiOMANDTFiE -:-�"-"--'—^__ 'tie --AA - _: ___- - _ -` TYPE OF PERMIT:=`_-_.�-•—_ -_- .-- _ -" BASIS PoRTHEALfEGFD E>&AIPIIOtLANY VIOIATION OFSECTIDN To3T5 BYANYAPPLF' AooREM-- - -- �_ _ CANTPoRAP MSUWECTSTHEAPPLJCANTTOAC PENALTYOFNOTMORETHAN- FLVEHUNORE000IURSUSOG.BBkH. - _ --. __ r1y_: - _ ,_^ __ _ _'^.�3iIIIj - _ Ci•YII�S "_ .-.. - PHONE VACPNT -_-,. - ❑YES - y� aQ NO- _ _ _ - - ❑ L AS OWNER OF THE PROPEQY, OR MY EMPLOVELS. WItN'WAGES AS THEIR-SOLE'CLOfi: WMPENSAMOMWULDOTHEWORKANDTHESIAUCNREIB:NOTINiENDED OROFFERED- -�- -., . ti}YceAul_�II±CICSOAigev -Moss,sr. FOR SALE ISECTDU, BUSINESS AND PROFESSIONS WM.THE,CONTRACTOH'S UCFNBE. IAW GOES NOTAPPLYTO AN OYINEROF PROPERTYWHO SUILOSOR IMPROVES THEREON,' rtn ADDRESS:-- -� 5; �[ �BBy�& ��C {; - -k - .;' - ,F DESCRIPIIOtt ANDWHO WES SuC MRKMMSEIFORT OUGHNISOWNEMKOYEES,PROVIDEOTHAT SUCH IMPROVEMENTS ME NO INTENDED OR OFFERF➢ FOR SIt.E. W. HOWEYEit THE -- { a - • _- � �DB�Ca--I,TSI3 -' - t %FPHONE 9a1�3S 1 -- - •-•%t - - -- - - ?E: - BUILDING OR IMPROVEMENT IS SOLD WTTHIN ONE-YEAR OFYOMPLEOON-THE OWNER= •Tn _ �GNO,-CLASSiTC3Z- Li] P PPOSEOFSAALEITHEBUROENOFPROWNGTHATHEDIDNOTBU�LDORIMPROVEPoRTHE . ARCHITECT-iu. "_ ..,- _ - - - ," a _ ". _' _• y"✓.-d,". `'___: -- - �_.r�.+.....fit•--- ; _•w- _ P. ". ❑I, as OWNFA OFTHE PRt/PERTY.AMEXCLUSNELV CONRUCTINGWOHULY:NSE ww, TRACTORS TO CONGTRULTTHE PROJECT ISEC 70" BUSINESS AND PROPESSIONS C00EEr ApDDRESS: , '* "° '- . - - -; i - ".Yy. _ - i4, YARDAGEFOR R� ?:' '" CUT. Tim: THECONIRACfOR'S LICENSE LAW DOESNOT APPLY TO AN TAVNEq OFPgOPEINY WHO BUILDS OR IMPROVES THEREON, -AND WHO m r.ACiS.FOR SUCH P1LOlECTS WffH-A S _ -_. P r� - PROUEOT. - SPECIAL 7' CONDWCIORISIUCENSEO PURSUANiTOTHECONTRACTOR•SUQNSELAW.1. .. ,PHONE.�. - CpNOmONS ci�r / j��'[ ���ryj� /� ❑IAME%EMPI'UNDERSEC- +'"-�"I�-TB-kP.C:FORTH4SRN5QN +-. LTC;NO_•-^� _ - - _ ENGINEER: Gs'- s �'-1"+' • DATE ; _ ,- 'a �" _� OWTJEA•'-� +,[... ._ - � _AD`[1RESS: _ _ _ - - -- _ "_- ~a - ,s > _ CONTRACTORS DECLARATION TF " - ; tPHONe _ �' DEPARTMENTS' -a _LICENSED _ IHEREBYAFFIRMTHATIAMLRINSEDUNOERPROVISIONSCFOML RStMMMENONG -MIR SECRONTBBBI OFORRSION 3 OFTIIF BUSINESS AND'PROFESSIONS.LODE AND W. /REVIEW L.-L--•� -Na b - • PROCESSED •� - -DateC _ DC_NO.:";_- • - UCENSEISINFULLFORF£AN tt_ - .l YLLY-.,_ -'� BY: - R=-Ti�111 �-�••' •.l°;n �• __ OCENSECLA55 .. ZONING"' _ _ _ CQNmnCToq_;i,: D "_ ,. ,�..,• I�l - " � - - __" _ `~PHONE *} - ` _TRAFFIC _ - ` L Y �C p�t APPDCANT%-,1IYauPPeOY ;'»+h "SUBDIVISION n ".,s, WOR S"COMPENS 7T N DECLARATION• j I HEgE�AFFRM.THATI HAVEACFATIFICATE OF CONSENTTO SELFINSURE OR ACELLRFl- CATEOFWORMRS'COMm- ATIOFIINSURANCE•'OHACERIFM.0 YTHEREOFtSEC3B00," l ": It +' r"� ue ck" �F� C.:"✓"'-•: rw,,:+".-.f �► �'37 .�. ,GRADING - ADDRESS: .-'... z 4-ttl5s tuna _ .�_ Y i�C I fi. v r � �, •- QBr O - HONE _ a9i351-biil - _ ,-.- - •�_ PoUCY NO .- - COMPANY-. - _ �•� .' _ SIGNATURE OF ApPUCANT'.,.c' _ _ _SJ ( ! "- y' - pCERRFlEO COPY IS HEREBYjI1R1AtSHED.� R�^'C9'rti," It ❑CERTInEDOOPYISFR.E WRHTaEBUIL01 Nrk t7. - _ ° J TOISSUEL t;_tL3dDIla/DtlIiiiS' eT�it fees t -. - - -> ; "' —" - - _ -• `- _ - _. "- -:3i DATE(t • !�;>: �t €t;�„�Tr.. f _ _ - - t. CERTIFICATE OF EXEMPTION FROM I(YORKERS' COMPMOATION - ? filut101 oif�ti1proovemitt5 "'v-j� __ - - _-_ > • �" -". _ _ " ":Flit!&t�i5: _ - "' - INSURANCE' OHIS NEED NOT BE COMPLETEOIRTHE PHIMTi IS FOR ONE HUNDRED DOLLARS { RDIK-*t-ILIA CIEC[ fa (Yj ,. - - - - - - ABA- Y- - _ "CTedLt utuded:- 1aL:81a .,.. _. N U140HIRLLESS.) I CEflIIFYTHATINIHE PERFORMANCE OFTHE WORK FOR WHICH liiS PERMO15195UED,1 4,tt.alllIla'te Fmf FEE'-''-{Yj- _ - -:i==-]Ia:OP--Y - -^ 4-TOt4-CC�YStS:--.- Y.aa _ " SHALL NOT EMPLOY ANY PERSON IN ANY MANNER SO AS TO BECOME SUSJECTTp THE ' a >"- '¢'e-ane" i,� - ,YCLEII'CF IEPaSI! i - - x WORKEAS'COMPENSATION IAWSOFCAUFORNUL - - DATE APeLIGNT - _ - " NICIafIUIII¢ PEE > "F='=2:�'��..�.��.�-�'�C» '• -p,T.1 = --=-r:4a . Y -; - _=.1:''Ealasce -___ �_' - -- fd j,CStMlts _ 8fix'�44 a:Va NURCE TO APPUCAM:IF. AFTER MAKING THIS CEROFlCATE OF EtEMPITON, YOU SHOULD BECOME SUBJECT TO THE WORKERS' CAAIPENSATION PROVISIONS OF THE LABOR CODE; YOU MUSTPoRTHWRHCOMMYWITHSUMMOWSIONSOHWMKRMITSHALLBEDEEMED `* rtp l�'♦� pLY a taiAL anaalla/aeNtaaB PEBIIF PEES �{' . - BO?•4a. j d3I33Ce_d-Le -k BEL'•4a ' REVOKED. - CONSTRUCTIONLENDINGAGENCY°- --I NEROFWE RORKMRMI I5ACONSTRUCTIDNMISEGAGENOYPoRTHE ANCE OFTHE WORKFOR WHIDLTHLS PFAMRSLRSUED(SEC309F,CN.CL- :I•t+' - o> '- LENDEISNAME _ - LMDELSADORESS - - _ _ - - - -_ - - - _ - - _ �� SZPO 8/fL/��(/�' _ r •-L j]' ICERRFYTHATINAVE READTHGAWITIAIL MYANDCOUNWOROIBOVEIN AND STAN 5 CORRE ,1 AGREETO COMPLY WRH ALL CRV AND COUNIY ORDINANCES AND STATE LAYS RNG TO BURRING CONSTRUCTION. AND HEREBY AUTITORM REPRESENTA- TNER OF IS COU TO UPON THE AS -MENTIONED flIoP MRINSPEC- TIONPUq SES i.= _ - - -.� - - - - �%LJ� - - `;�R OFN�`T',- •k - ) ;:_ ' - F -0 T __ _- - _' "� -"_ -- - .. w ___ _,• .-". - _ SIGNAIUREOFPERMRgE DA - _ • _ c - - - _ - } % PLAN CHECK VAUDATION CK M.O. CASH PERMIT VALIDATION CK ` MO. ' CASH 1 Jf CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Building Department - (714) 644-3288/3289 DATE q - 9 -'19- FEE RECEIPT PLAN CHECK NO. NLyIS9H (�flt?'1�1.t.(ti t.I �i/i 5&`�7n� %� ` il� Received From WAJ ARDb 9 3g Building Plan Check - Valuation S 010-5002 $ 010-5003 $ Zoning Plan Check ..................................... Grading Plan Check - Cu. Yds. 010-5004 $ 010-5055 $ Fire Plan Check ....................................... Overtime Plan Check - B G..........................010-5002/5004 $ Additional Building Plan Check.........................010-5002 $ Special Inspection......................................010-500B $ Preliminary Code Compliance Review .....................010-5002 $ Reinspection B E H P.................................010-5008 $ $ Reinspection Fire.......................................010-5050 Temporary Electric......................................010-4612 $ Temporary Gas ................................... c+ .F .010-4616 $ Temporary Certificate of Occupancy .... ......... ........A10-5008 S Underground Utilities Waiver ........... ..... SEP .Q 9 �q1�0-2225 $ $ Grease Interceptor ..................... C7 ..........010-4620 y OF NEgtp�,, 010-5000 $ Planning Department Fees ....................... ��tt Sale of Maps & Publications.............................olb-912 $ Determination of Unreasonable Hardship ..................010-5018 $ Microfilm Copies/Photocopies............................010-5019 $ Hazardous Material Disclosure .................. :........ 010-5021 $ Fire Dept. Hazardous Material Review ................... 010-5058 $ —a41-Px ;- ;5 Aj--e . �qa�'/+� $ Other qo0 cli = ¢, 3GS- RECEIVED FEES $ ECEIVED BY: NOTICE: Plan Check expires 180 days after application. FEE RECEIPT NO. (f\feercpt6-94) Telephone: (7141.644-3200 Plan Check No: 2_ ' By:Genia Garcia, Associate Planner By:Christy Teague, Associate Planner B :Marc Myers, Assistant Planner By:�� t A Date: L{' Address: 2-&++ SA-0 :�!lI6-E%�Z. '1 Districting Map No. 54 Land Use Element Page No. Corrections Required: dL- Legal Description: Lot Block Section Tract R" !* Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,000. Covenant required. Please have owner's signature notarized on the attached document and return to me. l {, � Lot Size �>5q , fi✓r!o r CEO �o 3`F 7 04- Zone b�L Proposed Use i FGLI�L{UiA✓C'C_L= £9( G 3q c� �j�[Oa rrsiav7 Required Setbacks Front Rear �p� j-V qp(e n ci ✓a=o. f ROD t Right Side \ by opler 6,pl°"mLS 't le`—MNZ!� Left Side FAR WORKSHEET Lot area (site area sa.ft.l: a5+9 9157& + sq.ft., a.s 'S ¢s./ rn &A_,4 Use 4(" e ,at Base Development Allocation (BDA) : i 0 (/ 1 21 _' comet sq.ft. E 3 FAt) [0.5 x site area sq.ft., unless otherwise specified in Land Use Element] FAR permitted, without variance: (A1 Comm res vkg Square footage permitted: Comm res vkg sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) comm res vkg Maximum square footage allowed: comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. sq.ft. (D) Reduced FAR use sq.ft. sq.ft. (E) Maximum FAR use sq.ft. sq.ft. (F) TOTAL SQ.FT. [C+D+E] sq.ft. PROPOSED FAR: [ F % site area sq.ft. ] PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category Weighting Factor Weighted Sq.Ft. (G) (H) ( G x H ) sq.ft. Base X 1.00 sq.ft. sq.ft.. Reduced X 1.67 sq.ft. sq.ft. Maximum X 0.50 sq.ft. TOTAL WEIGHTED SQ.FT.(May pot exxcce�ed`8BDA) Provide tissue ovetlay of calculaations to verify provided square footage. Required Parking 1 JZSo A✓05S 2.5'0 = 34.5 - 3S o�auckS Proposed parking (Indicate number of stalls provided) c4- ),hare, 1yeSi9 �'r 4W'-1MR- Total On -Site Parking 312. exiA+Zti �� \ Standard Compact l In -lieu Parking 343 " -U' �,A��� `�� A40 Dimension building height as measured from natural grade to average and maximum roof height ��- Show natural grade line on all elevations 4 _014� 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 uses. B/ Plot Plan fully dimensioned showing location of all buildings, fences, ate. in relation to the property line. ( Pair Share Contribution�`���/G�yNuQ K �• ��i(' = �SBJ . � dZte- �" /�►"*�.-�•y (dorsnof/.a�lu�Le a�+4�1✓AY/ J San Joaquin Hills Transportation Corridor FN ftc�ne f� -riots- ',c 3•72:� lk# G71-3.1-` Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committes: Indicate Approval No. on Bluelines Modification required for Planning Commissioh/City Councilt U, Use Permits No. ------. s�•Gcc,t{„/ Variance: No. Resubdivision/Tractt No. �tlic tc�. Site Plan Reviews No. Amendments No. Other Public Workst Easement/Encroachment Permit subdivision Eng Engineer _ � Traffic Engineer Approval of Landscape P anf s`AGziC �4" •`�" - a. Buildina Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Development Permites Approval In Concept (AIC) No. (Note: File 3 sate of plans: site, floor, and elevations) Coastal Development Permits No. Effective Dates Waiver/Exemption: No. Effective date:_ -"J4� .-(� N01'Bt it is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above* if you have questions regarding your application, please contact me at (714) 644- 3200. FORNS\CWW-SON.COR Rev. 1/93 .5- X C X10` = 30 TL =' l7r9z.ea 0 Planning Commission Meeting April 21. 1994 Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3528 (Public Hearing) Request to permit the establishment of an outdoor sales area in conjunction with the expansion of the Crown Ace Hardware facility on property located in Commercial Area No. 14 of the Harbor View Hills Planned Community. LOCATION: Lot 1, Tract No. 9014, located at 2636 - 2644 San Miguel Drive, on the southeasterly comer of San Miguel Drive and Ford Road, in the Newport Hills Commercial Center of the Harbor View Hills Planned Community. ZONE: P-C APPLICANT: The Carlson Company, Newport Beach OWNER: The Irvine Company, Newport Beach Application This application involves a request to permit the establishment of an outdoor sales area in conjunction with the expansion of the Crown Ace Hardware facility on property located in Commercial Area No. 14 of the Harbor View Hills Planned Community. Outdoor sales are permitted in commercial districts upon the securing of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. 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). Conformance with the General Plan 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 TO: Planning Commission - 2 Service Commercial" uses. Retail uses are permitted 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 (F.A.R.) development limit of 0.3 (106,217 sq.ft) on the subject property. Although the subject application involves the addition of gross floor area to the multi -tenant building 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. The subject property has a land area of approximately 3540056± 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 commercial space 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. At its meeting of October 21, 1976, the Planning Commission approved Use Permit No. 1806, which permitted the establishment of a delicatessen/restaurant facility on the subject property. 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 18,19770 the Planning Commission approved Use Permit No.1836, a request to establish an automobile service station facility in the Newport Hills Center. 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. 30670 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 an existing restaurant's "net public area" by adding to: Planning Commission - 3 C 1 O 1 IQ an outdoor dining and drinking area. 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 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). 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. al i The subject application is for the establishment of an outdoor sales area in conjunction with the expansion of the future Crown Ace Hardware facility on the subject property. The Crown Ace Hardware facility will be located in what currently consists of six adjoining retail tenant spaces within the Newport Hills Center. These six tenant spaces contain a total of approximately 6,934 sq.ft. of gross floor area. The applicant is proposing to expand the gross floor area of the subject building, thereby constructing a 1,700 sq.ft. addition to the future Crown Ace Hardware facility. Said addition is proposed in accordance with the Harbor View Hills Planned Community Development Standards and the Land Use Element of the General Plan with respect to FAR, parking requirements and other development restrictions. The subject of this application, however, involves the establishment of an outdoor sales area for the Crown Ace Hardware, in addition to the development noted in the previous paragraph. As may be seen on the attached site plan, the proposed outdoor garden area will consist of 900 sq.ft. and will be fully enclosed by an 8 foot high wrought iron fence for security purposes. The applicant has indicated that the outdoor garden .area will be completely open to the sky, with no patio cover proposed at this time. The applicant has also indicated that the outdoor garden area will be utilized solely for the display of plants, and not for the storage of garden supplies or materials. Staff has no objection to the use of an outdoor garden display area, as long as the area is kept in a clean and orderly manner and utilized only for the display of plants. 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 TO: Planning Commission - 4 I Section 20,30.035 of the Municipal Code. The parking requirements are as follows: Retail and commercial stores: One space for each 250 sq.ft. of gross floor area. Inasmuch as Section 20.30.035 of the Municipal Code requires one space for each 250 square feet of commercial space, the currently_existing>sia retail tenant spaces generate a parking requirement of 28 parking spaces, (6,ti34ast) ft. 250 = 27.7 or 28 parking spaces). Theaces proposed 250 ad6.8tioor 7 pgross arkingfloor area need creation of the subject outdoparking r garden area will generate the need for 4 parking spaces (900 sq.ft. + 250 = 3.6 or 4 parking spaces) for a total of 11 parking spaces. Thus, based on the above noted parking requirements, the parking generated by the entire Crown Ace Hardware facility will be 39 parking spaces (9,534 + 250 = 38.1 or 39 parking spaces.) The following table summarizes the parking requirements for the proposed Crown Ace Hardware facility (including indoor and outdoor expansions) as well as the existing remaining uses in the subject shopping center, Commercial/Retail Uses: 60,766 ± sq.ft, + 250 sq.ft, _ Automobile Service Station: Use Permit No. 1836 What's Cooking Restaurant: Use Permit No. 1806 Thai Touch Restaurant: Use Permit No. 3067 Crown Ace Hardware McFadden's Bake Shoppe: Use Permit No. 3523 243 spaces 12 spaces 9 spaces 13 spaces 39 spaces TOTAL: 322 spaces t, 4 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.1806 (Amended) (refer to Item No. 2, Planning Commission Agenda, April 21,1994). The attached site plan indicates a now total of 343 parking spaces in conjunction with the proposed restriping which result in a surplus of 21 parking spaces (343 - 322 = 21 parking spaces). TO: Planning Commission - 5 becifiic Findings and Recommendations 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 worldng 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. 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 the 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 DANA O. ASLAMI Associate Planner Attachments: Exhibit "A" Vicinity Map Plot Plan and Floor Plan 1t\WP51\PL4NNING\DANA A\UP\UP3528 TO: Planning Commission - 6 .µ EXHII)IT "V FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3528 1. That the proposed outdoor garden area 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 outdoor expansion will be adequately served by existing on -site parking. 4. That the approval of Use Permit No. 3528 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. DORM r Y-f4l.Ffq 1. That development shall be in substantial conformance with the approved plot plan and floor plan, except as noted below. 2. That the outdoor display area shall be limited to a maximum of 900 square feet, 3. That the outdoor garden area shall be kept in a neat, orderly manner, and that said area shall be utilized for the display of plants and related decorative items only. 4. 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 commercial space and outdoor sales area. The proposed on -site parking, vehicular and pedestrian circulation plans shall be approved by the City Traffic Engineer prior to the issuance of a building permit. e a TO: Planning Commission - 7 5. That one parking space for each 250 sq.ft. of floor area in the expanded commercial space (including the outdoor garden area) shall be provided on -site (11 spaces). 6. 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. 7. 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. VICINITY MAP CITY CF MACE )ISTRICTINa- MAP--CITY-OF--N 1,44c Mq•A1NIptILL Nltwlet Nrll[ "MOLT wnitr Nxltt At1UtAEtt [UVMt KtHNItb Wrnq[ t [1UIrt11t IKtlllt Al Wcnut NIr41tT t Wtl"* NI w[� Nlhst 01 wtNwIMw00i tA1wel M[Ilttltt [.� lNlli[ t[wKtrerq •MRtwlt [t1Uptlll NttNtt t'1 ll/wr [NINIrci t pitoltt t•1 a 14[ t m"At, Ntt[Itt Nuftl olatt N0,41 Y NwlUlltll[ [NtNet : d4 ACM--CALI N%t1[ltt► NI WdtryNy ANINIt !J ter IMIWWI NI rwK rK Nlplet a+IWW[ M'RKNit[Ier afs Ole PEZA417` Alb. 3 sa g- OWGr cowry IA 0 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 comer 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 am. 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 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). Conformance with the Czeneral Plan 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 (FAR.) 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 Proper and Surrounding Land Uses The subject property has a land area of approximately 354,056t square feet. Newport Hills Center is currently developed with a multi -tenant commercial building, it 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. Backaround 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 am. 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 sq.ft,. Inasmuch as the proposed addition will 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 sq.ft. Mansion 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 "A". Hours 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: e 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- a same space would require (18 spaces - 6 spaces required = 12 additional parking spaces). Exiyne 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. T 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" T 50 sq.ft. = 17.96 or 18) Thai Touch Restaurant: Use Permit No. 3067 13 spaces McFadden's Bake Shoppe: 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 20.72 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. 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 55 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\PLANNING\DANA-A\UP\REW\UP1606A 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 sgft. in the outdoor patio. 3. That a lave 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 parldng 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. VICl/VITY MAP CITY or AViAE CRV �. b•11 ; ' ►ISTRICTINQ-MAP --CITY--OF�-- AMItVtTWlIIMtN/ptlll N/ftpl _- I,Iµ1 ftm%V WIdKr Wtltl I111114b" NltNtf .ftAtltt Ali&ti t ILtilpTltl K1,r l,11 41400t 1111 Ulmer Iti/xx,t M t, W/filltr MNIIII61W" ttlti[[t"L N/iNtr lWltlt tW,[tttll•MlttMl[ t".TIAL Wittier 1110 tWYIetW NIMBr tp[IY tWlti[tNlt "?AW, 411tNeNtt[ I..Wtl Ititt11111111 l ll[t �§ Nlftitt 4lf/ttt[t tilµfleryllW tNTN[T tt/INN/ M �[�Illlllltt ~• 411441e10 M'106tT[Kr MI/ MIAW CoWry IA COMMISSIONERS �ZtM\a�1.X�\n1 City of Newport Beach October 21, 1976 ' r �r Request to amend the Planned Community Development Plan for "Newport Place" to permit changes in the nd Use Map and Text, and the acceptance of an an onmental document. (Location: The Planned f•ommur,ity of "tt'ewport Place," bounded by Birch Street, A rthurouBoulevard. Jamboree Road, Zone: P-C Appl_ca t; Stuart M. Ketchum, os Angeles Owner: Same as Applicant Motion X At the request of the applicant, Planning Cot Ayes X X X X X X X Novembertinue d7this matter to the meeting of Absent Request to permit the establishment of a delica- U tessen-restaurant facility within Area 14 of the P "Harbor View Hills" Planned Community. Location: Lot 1, Tract No. 9014. located at P 2632 San Miguel Drive. an the southeasterly corner of San Miguel Road in the liewpoy' Hills Centerr(under construction)- Zone: P-C cnJorge and h and nts: orlaportBeac�plcRcoZnvaeNew owner-. The Irvine Company, Newport Beach Public hearing was opened in connection with this matter. the Commissioneand con currap of the plicants, appeared the staff report and recommendations. page 4, �!',• ��� COMMI991ONERS CTY of Newport Beach MINUTES I er 21, 1976 y•ygu. , INp!t% ,�a •� 110LL GALL 1.jj }. •.•,�.•,• befog no others desiring to appear and be , the public h w ring was closed, n xas made that Planning Commission make thepyeson owing findings: AbsentThat the ProposRd use is consistent with theLand Use Element of the General Plan ar14 iscompatible wSth surrounding'land uses.The project will not have any significantenvironmental impact.The Police Department has indicated that theydo not contemplate any problems.The approval of Us! Permit No, 18tl6 will oat, under the circumstances of this case be detrimental to the health, safety, peace, residingcAnd work{nggineral welfare of the neighborhoodeOf bedetrimental or injurious to property or lmpro- vements in the neighborhood or the general welfare of the City. Yu and approve Use Permit No. 1806, subject to the following conditions: 1, That devOiopment shall be in substantial 'r'••';` conformance with the approved plot Plans. 2. That a minimum of one parking space for each :v y 40 square feet of "net floor area in the restaurant facility shall be maintained in the common Parking lot. :{ «L That all mechanical equipment, storage, and y trash areas shall be screened from adjoining �j properties and public streets. 4. That all axt,rior signs shall be in accordance Y• Area 14eofpthe "Harbed or View Hillsandards "Planned in Community. ' S. That the delicatessen -restaurant facility shall not be open for business prior to gs00 A.M. or after 10:00 p,M., seven days a a, week. Page S. �,ry i�t iY� .\Tri }, t'Lr `. r^"s• his Nam,. � y •I•r *'4 ff - r� � Y. i. f r}.t!` ~�^7 .� ,) • : t>1t !> S +C • t-.lr )i a 'L `...r; r o .s q *: r�5.. ill pit Or+ f W f r • . ♦ s �; / 4t.a 't''�.f.1�p,`?..{t�'t •�U rr ! • 't�, YL.-(r ,f � L v .V trrC -. Y� �.f -r .� 1,j. � • • � �� w/�ys�y[a� October 21, 1076 IN OY% ROLL CALL i I6. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee i•: ?,-h � Amendment 76-3 consisting o eleven lows: the nd Use Residential -3-A, An amendment oGrowth aElement t:;tr ment and change the designation of four lots anth the southeast corner of Dahlia del Mar from ;i. Avenues in Corona tail and Service Commerc+al"to "iwo- mily Residential." -3_g; An amendment to the Land Use Residential Growth Element, and y,ement• S• creation and Open SpaceElement to system vise the open space and paseo View Hills for consistency with Harbor eted Planned Community development Part 3: Part 4: Part 5: Part 6: n plaK. . Use 16-3-C: ,n amendment clarifyingdSpecific Element justing nd Area Plan Gpundaries. 76-3-0: An a ndment to the Land Use Element adding dministrative, Profes- sional and Financ al Commercial" as General alternative to the xisting Industry" d.rt7nloire aectcexistingOrange uses. County Air 76-3-E: An amendment to a Land Use Elemenl changing the deslg Lion of xisting commercial uses on apSouth e side of Pacific Coast Highway rsy trvlce l and of Bayside Drive from "Recreati Marine Commercial" 1 "Retail and existing us e Commercial," to re:tect 76-3-F: An amendment to the Land use Element text and Residential Growth Ele- ment text adding a discussion of the onstheility of undevelopedidential portion ofthe Page 6. � 4L7�� 'r�rj ^rtr X' c '•`:A .:tai. :4 i a • AJanuary 5, 1984 0 of Newport Beach MINUTES )se permit No.1S06 (Amended) (Public Hearing) Raqueet to amend a previously approved use permit which allowed the establishment of a del ieataseen.restaurant facility with on and off -sale bear and wine in the Newport s PHills Center (i.e., Areg 14 of t planned Community). The proposed amendment isi he $arbor ew Hills Addinga an outdoior of rho dining nd drinking netpublic fc nt Of the restaurant. WCATIONt Lot No. 1, TraCt NO- 9014, Drivaocateed at tM 261I San Miguel southeasterly corner of San Miguel Drive and ford Atad in the Newport Hills Center. ZONE, F-C APPLICAnt What's Cooking Restaurant, Newport $each 0MR1 The Irvine Company, Newport beach The public hearing opened in connection with this item and Mr. Jorge Luhan, representing the applicant, appeared before the Commission and rovested approval of the amended use permit. In taaponso to a question posed by Chairmen Ring, Planning Director Hewickar stated that staff is of the xestaurant at inasaweh iniaratio no i dArcingateor live enterGinemnt is proposed, and the restaurant attracts Customers from nearby residential areas, of persons who rotaAnyted 'readof the buss essei in the shopping center rurther, he aAre Additional rParking edurinq hahavaning.hezeby providing In response to a question posed by Chairman Ring, Planning Director Nawieker stated that an addit.onal condition could be i+poed which would state, "That the incidental outdoor dining and drinking area shall be t and in front of theder reat�uranto not to ere adCove r of the stating for 34 persons." I •a,i =0•• ,ir r': dJJ Motion I I Y�i1ei"^'s, All Ayes y I MINUTES January 5, 1984 o s City of Newport Beach_ In response to a question posed by Chairman %inn, Mr. removed Luhan stated that the oforidmalntenanceutse seating would be andsecurity after closing purposes. pproval of Use permit No. 1806 Motion was made for e (Amended), subject to the findings and conditionssuggested by staff t "A", with the additional incidentaltion as outdoor udining, by staff relating which MOTION CAMRIED, as follows: FINDI_NrS: 1. That, as conditioned, the proposed develops dt is consistent with the is eral an, compatible with wurrcunding,land uses- 2. Adequate off-street parking spaces are being provided for the proposed restaurant use. ;� The proposed restaurant will not have Any that significant environmental impact, providing parking demands are met. 4. The not approval the use permit NO- circumstances lof6 this will of case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, iimprovementaiiental or injurious to property and neighborhood or the general welfare of the City. CONDITIONS: 1, That development shall be in gbstantlal s roved plus plan and floor conformance with the app plan, except as noted below. 2. That a minimum of ona parking space for eaeh 50 area" square feet of thr restaurant "not public shall be maintained in the common parking lot. That the existing outdoor dining and drinking area ,ha ll rixtaricrn of 80 net public area" is used -40- L— ! , , :in ��t3sr'X1 •r.�F 4��'; '• I 1 :• COMM SSO" IS 3 Rou cnu MINUTES . J►nuary 3, :984 Cit of NeApat Beach (NOES +, That itton conditions of ofi Approval thisausenp permit, oor nd to the City COuncil the revocation Of the racostleu►* determination that this persits upon A operation, which is the bject Of detrioentalfi to the permit, causes ih7YrY at is health, safety or %tlfhra of the coMJnity. S. Thatall other pnditions of use Permit No. shall be fulfilled, and drinking d. the dpersitted nder dining uental area shall beat existing over of the roof and in front of the restaurant, not•to exceed seetinS for 34 persons. aaa Cenral plan Amendment 01-1(bi (Discussion) Ito paqusst to met for public hearings an amendment to the lotted within Newport Deach Central plan, for property Harbor View Hills planned Community, Area it of the to specificaliy identified As all the propertyin Cp desiuded in tion of Annexation Density eH Iso as sidential"ousesator the slibjett ropertY- INITIATED O . The City of Newport roach S, c There be4.ng no die ulon, the following motion was fi O1 model a x A�qjnt on was PAO to At on sl an1084,'dwhichAMOTION l All Ayes % k % % for public hearing 0 J nua 19 CAAAIEO. a a a -el- COMMISSIONERS A so 0 May 10, 1990 MINUTES N 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 the date of a roval, _ ' u been recorded within 3 years of unless an extension is granted by the PI g Commission. _U, e Permit No 1806 (Amendpdjffiiblic Hearinel 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 item No.4 UP1806A Approved _ 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- COMMISSIONERS May 100 1990 MINUTES 'OLL CALL I >tion � 1 Ayes CITY OF NEWPORT BEACH 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 be 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. 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. Motion was voted on, MOTION CARRIED. 1. That the proposed use is Elements of the General surrounding land uses. 2. That the project will environmental impact. -17- consistent with the Land Use Plan and is compatible with not have any significant INDEX 4INUTES CITY OF NEWPORT BEACH INDEX ''ROLL CALL - r 3, That adequate parking is available on -site to accommodate proposed restaurant facility inasmuch as a majority of That 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 pertain to walls and a portion of the required parking (17 spaces) will not be detrimental to adjoining properties. 6. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 7. 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. OND DNS: 1. thadevelopment shall be inal conformance approved plot plan and floor plansecept as 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. 4. pa for refusecontainersprovided s such a way as tohout ewer allow rect drainage into drains unless system or storin d ng Department and the napp oved by the Buid not into the lding otherwise Public Works Department. -18- CorAMISSIyO�NERS May 10, 1990MINU7ES 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. 9. That all applicable conditions of approval Of Use Permit No. 1806 (Amended) shall remain in effect as 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 screened from the adjacent street and adjoining properties, 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. WHAT'S COOKING! "bistro & 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 6 Newpott Beach, Calif. 92660 6 644-1820 IDA