Loading...
HomeMy WebLinkAbout3420 VIA OPORTO_GEORGE'S CAMELOTCOMMISSIONERS ' _ • AA MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL Posting of the A e�Ln- Posting of the James Hewic�k�eer,Fla ng Director, stated that the Planning Agenda Commi�n Agenda was posted on Friday, November 4, 1994, in front City Hall. of Use Permit No 1905 (Amended). (Public Hearing) Item No. Request to amend a previously approved use permit which UP1905A the establishment of George's Camelot Restaurant with permitted on -sale beer and wine and an outdoor eating area on property Approved located in the RSC-H District. The proposed amendment involves a request to expand the existing restaurant into an adjoining commercial space which was previously occupied by a take-out restaurant. The proposal also includes a request to waive any additional required off-street parking. LOCATION: Parcel 1 of Parcel Map 59-17 (Resubdivision No. 416), located at 3420 Via Oporto, on the northeasterly side of Via Oporto„ between Central Avenue and Via Lido, in Lido Marina Village. ZONE: RSC-H APPLICANT: Lido Marina Village, Newport Beach OWNER: Same as applicant In response to a question posed by Commissioner Ridgeway, James Hewicker, Planning Director, explained that the application is a request to expand George's-Camelot Restaurant and to change the operational characteristics of the restaurant. Commissioner Adams commented that there may be parking implications if the expansion was not for overflow use only. -2- C pMMISSIONERS a MINUTES CITY OF NEWPORT BEACH —November-1), 1994 INDEX ROLL CALL Commissioner Edwards and Mr. Hewicker discussed the feasibility of adding a Consent Calendar to the Planning Commission Agenda for the purpose of processing items similar to the subject request when staff is unable to determine appropriate findings for denial. The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to continue Use Permit No.1905 (Amended) on the basis that no one appeared before the Planning Commission on behalf of the applicant inasmuch as the Commission bad -the expansion of the restaurant. Substitute questions concerning Commissioner Ridgeway made a substitute motion to approve Use No.1905 subject to the findings and conditions Motion * Permit (Amended) in Exhibit "A". The public hearing was reopened and Mr. Walter Heim, architert, 365B North Newport Boulevard, appeared before the Planning Commission on behalf of the applicant. Mr. Heim indicated that "A", Motion * he had not read the findings and conditions in Exhibit and, therefore„ the Planning Commission requested that Item No. 1 be discussed after Agenda Items No. 2 and No. 3 to allow Mr. Heim additional time to review Exhibit "A". Motion was made and voted on to continue Item No. 1 following All Ayes Items No. 2 and No. 3. MOTION CARRIED. Following the public hearings of Items No. 2 and No. 3, Mr. Heim reappeared before the Planning Commission. Mr. Heim concurred with the findings and conditions in Exhibit "A'. In response to.a question posed by Mr. Hewicker, Mr. Heim stated that the restaurant's expansion would be used on a regular basis during the winter months when the outdoor eating area would not be available, and for large dinner parties. He said that handicap restrooms would also be available. -3- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH 1994 ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. ubstitute The substitute motion was voted on to approve Use Permit No. :otion 1905 (Amended) subject to the findings and conditions in Exhibit 11 Ayes "X. MOTION CARRIED. Findin s: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking exists to serve the subject restaurant. 4. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large or access through or use of property within the proposed development. 5. That the waiver of the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking spaces will not be detrimental to adjoining properties. 6. The approval of Use Permit No. 1905 (Amended) under the circumstances of this case will not be detrim6ntal 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 the general welfare of the City. -4- COMMISSIONERS �dc��� cf�odi�d�s,Yo CITY OF NEWPORT BEACH MINUTES LOLL CALL INDEX Conditions: 1. That the subject project shall be in substantial conformance with the approved location plan and floor plan, except as noted below. 2. That all previous applicable conditions of approval of Use - Permit No. 1905 and 1905 (Amended), as approved by the Planning Commission on April 19,1979, September 24, 1981 and October 7, 1993, respectively, shall be fulfilled. 3. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 4. That all restaurant employees shall park their vehicles in the Lido Marina Village Parking Structure. 5. That the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking spaces shall be waived. 6. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. 7. That the applicant shall obtain the approval of the Coastal Commission prior to -the issuance of any building permits or the use of the expanded portion of the restaurant. 8. That the Planning Commission may add to or modify _conditions of approval to 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 -5- COMMISSIONERS 9�j0A f�OA CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. '9. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. s s x e Permit No. 3499 Amended Public Hearin item No. Request to amend a previously approved use permit which UP3499A Approved permitte the establishment of a full service graphic design studio which also ' cludes an instructional facility specializing in print advertising design, on property located in the Newport Place Planned Commity. The proposed amendment involves a, request facility into, to permit addition I students, and to expand the existing vacant office real within the building which will be uses for a library, a lecture_ om, and two additional classrooms. LOCATION: Parcel of Parcel Map 61-9 (Resubdivision No. 423 located at 3901 MacArthur Boulevard, the northwesterly corner of MacArthur Bo levard' and Jamboree Road, in the Newport lace Planned Community. ZONE: P-C APPLICANT: Platt College, Anaheim, In . Newpprt Beach OWNER: Nikko Capital Corp., Newport' each The public hearing was opened in connection with this it and Mr. Bill Lockwood, applicant, appeared before the Pla ing Commission. Mr. Lockwood concurred with the findings d conditions in -Exhibit "A'. -6- Planning Commission Meeting November 10, 1994 Agenda Item No. 1 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 1905 (Amended)(Public Hearing) Request to amend a previously approved use permit which permitted the establishment of George's Camelot Restaurant with on -sale beer and wine and an outdoor eating area on property located in the RSC- H District. The proposed amendment involves a request to expand the existing restaurant into an adjoining commercial space which was previously occupied by a takeout restaurant. The proposal also includes a request to waive any additional required off-street parking. LOCATION: Parcel 1 of Parcel Map 59=17 (Resubdivision No. 416), located at 3420 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via Lido, in Lido Marina Village. ZONE: RSC-H APPLICANT: Lido Marina Village, Newport Beach OWNER: Same as applicant Application This proposal involves a request to amend a previously approved use ,permit which permitted the establishment of George's Camelot Restaurant with on -sale beer and wine and an outdoor dining area on property located in the RSC-H District: The proposed amendment involves a request to expand the existing restaurant into an adjoining commercial space which was previously occupied by a takeout restaurant. The proposal also includes a request to waive any additional required off-street parking. In adcordance with Section 20:72.010 E of the Newport Beach Municipal Code, changes in the operational characteristics of existing restaurants require the approval of a use permit in each,case. 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 1 (Existing Facilities). TO: Planning Commission - 2. Subject Property and Surrounding Lind Uses The building in which the subject restaurant is located is one of several buildings located on a single parcel of land containing approximately 25,600± square feet. Based on Planning Department records, the total development on the site is approximately 27,764± square feet. Therefore, the current Floor Area Ratio for the subject property is in excess of 1.08 which exceeds the allowable base development allocation of 0.5 times the site area. The building in which the subject restaurant is located is a mixed use building containing 2,223± square feet of gross office floor area on the second floor and 1,793± gross square feet on the ground floor, which is entirely devoted to the subject restaurant. To the north and west are retail stores; to the east is a public boardwalk with a commercial marina bayward of the site; and to the south is a vacant restaurant space which the applicant intends to incorporate into his existing restaurant operation. Conformance with the General Plan and Local Coastal Program. Land Use Plan The project is located within the Lido Marina Village portion of Statistical Area B5 which permits a variable Floor Area Ratio (FAR) of 0.5/0.75. Inasmuch as the subject property is currently developed with a 27,764± square foot building, on a 25,600± square foot parcel, the existing development maintains a nonconforming FAR. However, inasmuch as the proposed restaurant expansion will occupy a commercial space within an existing building that was previously used for a takeout restaurant, the proposal will not increase the nonconforming FAR, and is therefore consistant with the General Plan and the Local Coastal Program Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for 'Retail and Service Commercial" uses. The subject restaurant is a permitted use within this designation. Inasmuch as the subject property is located in the Coastal Zone, approval of this application by the Coastal Commission will be required prior to the establishment of the use or the issuance of building permits. . RMS MRSOMBOMM On April 19, 1979, the Planning Commission approved Use Permit No, 1905, which permitted the establishment of the subject restaurant with on -sale. beer and wine where two retail shops previously existed. Said action was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated April 19, 1979. At its meeting of September 24,1981, the Planning Commission approved Use Permit No. 1905 (Amended) which permitted the expansion of the subject restaurant by establishing a 240 square foot outdoor eating area. Said action was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated September 24,1981. It should also be noted that there are tables and chairs TO: Planning Commission - 3. located in front of the existing restaurant adjacent to the bay; however, they are not included in the "net public area" of the restaurant inasmuch as they are for nonexclusive use and available to the public. At its meeting of October 10, 1985, the Planning Commission approved a second amendment to Use Permit No. 1905 which involved a request to enclose the outdoor dining area. Although said application was approved, it was never implemented, and therefore expired 24 months thereafter, in accordance with the provisions of Section 20.80.090 of the Municipal Code. At its meeting of February 8, 1990, the Planning Commission approved a third amendment to Use Permit No. 1905 which involved a request to expand into a retail space adjacent to Via Oporto. Said approval included the requirement to demolish the existing commercial building located at 3636 Newport Boulevard and construct a new parkingiot. However, the subject building was never demolished, the application was never implemented, and it also expired 24 months thereafter. At its meeting of October 7, 1993, the Planning Commission again approved the, applicant's request to expand into the retail space adjacent to Via Oporto. It is noted that this approval did not require the demolition of the building or the construction of a new parking area at 3636 Newport Boulevard, inasmuch as the Planning Commission waived the additional required off-street parking. Said approval was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission mimites dated October 7, 1993. Analysis The subject application involves a request to expand the existing restaurant into a portion of an adjacent commercial space which was previously used for a take-out restaurant. The proposed expansion will involve 445± gross square feet, 416± square feet of which will be used for additional dining area. The existing restaurant includes 1,483± square feet of "net public area'; therefore, the expansion will increase the total "net public area" to 1,899± square feet. The applicant has indicated that the new dining area will be used for private parties and overflow dining in conjunction with the existing restaurant. Therefore, he does not expect to increase the number of employees at the restaurant which is currently numbered at 10. The existing hours of operation of the restaurantare from 10:00 a.m. to 10:00'p.m. daily, and will not change. 1 It is noted that the square footage figures contained on Sheet 1 of the attached plans are incorrect. TO: Planning Commission - 4. It should also be noted that the attached plans show new bathrooms which are to be constructed adjacent to the new dining area. These bathrooms have not been included in the restaurant floor area inasmuch as they will be for general public use and not for the exclusive use of the subject restaurant. Lido Marina Village Parking Summary The following table sets forth the overall daytime and nighttime parking requirement for Lido Marina Village: Daytime i h time Retail: (22,900± sq.ft. @ 1 space/250 sq.ft.) 92 0 Office: (32,758-± sq.ft. @ 1 space/250 sq.ft.) 131 0 Boat Slips (23 slips @ I space/.75 slips) 18 0 Off -Site Parking Arrangements: Bank of America 50 0 Lido Shops 24 0 Port-O-Call Pasadena 1 0 Restaurants: Warehouse (after 6:00 p.m.) Use Permit No. 1711A 0 175 Bacchus (after 6:00 p.m.) Use Permit No. 1956A 0 189 Newport Deli Use Permit No. 1735 2 2 German Bakery Use Permit No. 1738 6 6 Mr. Taco Use Permit No. 1849 3 3 George's Camelot Use Permit No. 1905 26 26 Lido Greek Use Permit No. 1906 3 3 Le Bistro Use Permit No. 2020 16 116 Total Parking Required: 372 420 Parking Available: 4 Parking Structure 374 400 Bay Lido- Bldg at 3700 Newport Boulevard 0 24 Total Available 374 424 Parking Deficiency/Surplus: +2 +4 TO. Planning Commission - 5. Existing and Proposed Off -Street Parkin As indicated in the above table, the existing restaurant is required to provide 26 off-street parking spaces 2, whereas the current parking requirement for restaurant uses (one parking space for each 40 sq.ft. of "net public area") would normally require 38 spaces (1,483 sq.ft. 40 sq.ft. = 37.07 or 38 spaces). The difference between these two numbers is due to the Planning Commission waiver of the 12 additional required parking spaces associated with the October 7, 1993 approval of Use Permit No. 1905 (Amended). Said waiver of parking was approved inasmuch as the Lido Marina Village management was discontinuing the operation of another restaurant which had included a similar waiver of parking and was being converted back to retail use. Based on the restaurant parking requirement of one parking space for each 40 square feet of "net public area" the proposed restaurant expansion would require 11 additional parking spaces (416± sq.ft. _ 40 sq.ft. = 10.4 or 11 spaces). However, the applicant is proposing to expand into a space that was previously used in conjunction with a take-out restaurant that was permitted in conjunction with Use Permit No. 1735. Said use permit waived 12 of the 14 parking spaces that would have been required for the take-out restaurant. Inasmuch as the applicant is occupying the same dining area as the previous take-out restaurant, he is requesting that the two parking spaces allocated to the previous takeout restaurant be allocated to George's Camelot and the remaining 9 parking spaces be waived in the same fashion as the previous 12 parking spaces were waived in conjunction with Use Permit No. 1735. If such a waiver is granted, the parking requirement for the subject, restaurant will be 28 spaces. — Waiver of Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants and take-out 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, signing, 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 improvembnts than will the strict compliance with the standards. _ Staff is of the opinion that the on -site development standards as they apply to walls, landscaping, parking lot illumination, and a portion of the additional required parking spaces z Originally the restaurant was required to provide 23 parking spaces; however, when the restaurant expanded in 1993, the retail space in which it expanded was already parked at one parking space for each 250 square feet of floor area. Therefore, the three retail spaces reverted to the restaurant use. TO: Planning Commission - 6. should be waived if the Planning Commission approves this application because of the existing physical characteristics of the site and the large pool of parking which is available within the Lido Marina Village Parking Structure. specific Findings 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, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Inasmuch as the proposed restaurant expansion fully complies with the Floor Area Ratios and Building Bulk Ordinance, provides adequate off-street parking and is consistent with the provisions of the General Plan and Local Coastal Plan, staff is unable to determine appropriate findings for denial. Therefore, no Exhibit for Denial has been provided. However, should additional information be presented at the public hearing which would justify the denial of the application, the Planning Commission may wish to take such an action. PLANNING DEPARTMENT JAMES D. HEWICKER, Director BY !�Q� ��I-'u�X4�• W. William Ward Senior Planner Attachments: Exhibit "A" Vicinity Map Excerpts of the Planning Commission minutes dated April 19, 1979, September 24, 1981 and October 7, 1993 for Use Permit No. 1905 Location Plan and Floor Plan TO: Planning Commission - 7. EXHIBIT "A" FINDINGS AND CONDITIONS OFAPPROVAL FOR USE PERMIT NO. 1905 (AMENDED) AND November 10, 1994 A. Use Permit No 1905 (Amendedl Findings: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking exists to serve the subject restaurant. 4. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large or access through or use of property within the proposed development. S. That the waiver of the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking spaces will not be detrimental to adjoining properties. 6. The approval of Use Permit No. 1905 (Amended) under the circumstances of this case will not 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 the general welfare of the City. Conditions: 1. That the subject project shall be in substantial conformance with the approved location plan and floor plan, except as noted below. 2. That all previous applicable conditions of approval of Use Permit No. 1905 and 1905 (Amended), as approved by the Planning Commission on April 19,1979, September 24, 1981 and October 7, 1993, respectively, shall be fulfilled. 3. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. TO: Planning Commission - 8. 4. That all restaurant employees shall park their vehicles in the Lido Marina Village Parking Structure. 5. That the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking spaces shall be waived. 6. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of any building pernuts or the use of the expanded portion of the restaurant. 8. That the Planning Commission may add to or modify conditions of approval to 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, peace, morals, comfort, or general welfare of the community. 9. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. vIci u STY MAP I= SEE MAP NO. S 1 •1 32K� SlR6AT llE MAP NO..B 'B OF FEET tx un am Po \ di 0 wew wT l :S� DISTRICTING MAP NEWPORT BEACH - CALIFORN R-A-1 R-1 AGRICULTURAL RESIDENTIAL C'i MULTIPLE RESIDENTIAL COMMERCIAL R-S SINGLE FAMILY RESIDENTIAL DUPLEX RESIDENTIAL C-2 LIGHT GENERAL COMMERCIAL RESTV MULTIPLE FAMILY RESIDENTIAL M-I MANUFACTURING .H-D--] q urn _-cl COMBINING DISTRICTS UNCLASSIFIED d4se i'tspMIT �to 1gx5A�e�� ORD. HO 950 DEC. N.1950 COMMISSIONERS O � fi yes} u, Opp/ ,yc y4c o�so2 1°'y City of Newport Beach April 19, 1979 MINUTES LOLL CALL 5'. That no dancing shall be permitted in the restaurant facility unless an amendment to this application is approved by the Planning ommission. 6. That 0 ale alcoholic beverages shall be pe. mitted. 7. That the former use p application on th site shall become null and with the ap- proval of this amended use perms . Request to establish a restaurant facility with on -sale beer and wine in Lido Marina Village wher, two retail shops now exist. Location: Parcel No. 1 of Parcel Map 59-17 (Resubdivision No. 416) located at 3420 Via Oporto, on the easterly side of Via Oporto between Central Avenue and Via Lido in Lido Marina Village. Zone: C-1-H Applicant: Lido Marina Village, a General Par nership, Newport Beach Owner: Howard F. Ruby, General Partner, L Angeles The Public Hearing was opened regarding this item and James Parker appeared before the Planning Com mission on behalf of the Applicant to state his concurrence with the conditions as set forth in t Staff Report. There being no others desiring to appear and be heard, the Public Hearing was closed. Motion x Motion was made that the Planning Commission make the following findings: 1. The proposed development is consistent with the General Plan, and is compatible with sur rounding land uses. 2. Adequate offstreet parking spaces are being provided for the proposed development. -16- Y INDEX Item n7 USE PER - mil NO. 19U5 APPROVED CONDI- TIONALLY' le ,y r WNUTES ' COMMISSIONERS ROLL CALL City of Newport Beach April 19, 1979 3. T'he Police Department has indicated that they do not contemplate any problems. 4. The project will not have any significant en- vironmental impact. 5. The approval of Use Permit No. 1905 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons resid- ing and working in the neighborhood or be de- trimental or injurious to property, and im- provements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1905, subject to- the following conditions: 1. That development shall be in substantial con- formance with the approved floor plan. 2. That a minimum of one parking space for each 40 sq. ft. of net floor area shall be pro- vided in the Lido Marina Village parking strut ture for the proposed restaurant facility. 3. That all mechanical equipment and the storage of cartons, containers and trash shall be shielded from view within a building or with- in an area enclosed by a wall or fence. 4. That a minimum of 5 parking spaces in the structure remain for the use of the 6 slips or mooring spaces currently leased to private parties. 5. That all remaining slips and mooring spaces be reserved exclusively for the upland users. 6. That the upper level of the parking structure be made available to the tenants and employees of Lido Marina Village subject to a program ap proved by the Director•of Community Developmen Commissioner Beek then posed a question, to which Richard Hogan, Community Development Department Director, repli=ed that the owner of Lido Village controls all the leases of said village and that - the applicant in this project is Lido Village. INDEX -17- �l bel•ceaher 24, 1981 G y zlfl-City of Newport Beach INDEX property or improvements in the neighborhood, or to the general welfaru of the City. 1. That the pTt,scd signs shall be in substantial conformance wit pproved plans except as noted below. 2. That this approval shall be or a period of one year, and any extension shall subject to the approval of the Modifications Commiltlee. 3. That the signs be located so that sight is not impaired, and that the locations be to future review by the Traffic Engineer, � � t Request to amend a previously approved use permit establishing a restaurant facility with on -sale beer and wine in Lido Marina Village so as to permit the expansion of said restaurant facility by permitting outside seating. Item B5 USE PERMIT NO. 1905 LOCATION: Parcel 1 of Parcel Map 59-17 (Resub- Amended division No. 416) located at 3'20 Via Oporto between Central Avenue and Via Lido, in Lido Marina Village. APPROVED ZONE: C-1-H CONDI- TIONALLY APPLICANT: George's Camelot, Newport Beach OWNER: Lido Marina village Associates, Newport Beach The public hearing opened in connection with this ,item and Mr. Bob Inch, Director of Operations for Lido Marina Village, appeared before the Commission and requested approval of Alternative No. 1, Mr. Malcolm Geffen, owner of Luigi's Pizza, appeared before the Commission and stated that the majority of -5- is GOMMISSIONLRS September 24, 1981 MINUTES s City of Newport Beach ROLL CALL INDEX the restaurant owners are opposed to exclusive use of any common area. He stated that the restaurant owners have reached an --agreement with the applicant and have requested that the agreemenL be officially recorded. Mr. Inch stated that an agreement has been reached that the exclusive use section be handled under a separate lease with the leasee. if this section were to be sold to a fast food, take-out operation, there would not be exclusive use of the tables. Mr. Inch stated that they are happy to acknowledge this agreement. Commissioner Balalis stated that this shouldbe included in the use permit approval, not by a private agreement. Planning Director Hewicker referred to Area B in Alternative No. 1 and suggested that the condition of approval state that the exclusive use of that area only be permitted for this particular restaurant facility. In response to a question posed by Commissioner Thomas, Planning Director Hewicker explained the exclusive use issue. Planning Director Hewicker stated that under the terms -of this use permit, the applicant would have exclusive use of Area B, which is along the side of the restaurant, as opposed to the area directly in front of the restaurant. Commissioner Beek expressed his concern that the public be made aware that the existing tables and chairs located in the six foot easement, are for the use of the public, and not the exclusive use of the restaurant. Chairman McLaughlin stated that. signs are currently posted on the pedestrian easement which indicate that the tables and chairs are for the, public's use. Y Mr„ Edward Warmington, owner of Lots 2 and, 3 in the adjoining building, asked staff if this request will add to the parking requirement. Planning Director, Hewicker stated that this request will add- to the parking., but calculations indicate that parking spaces will still be available during the daytime and evening hours. Mr. Warmington stated that there is not a problem with nighttime' parking, but stated that daytime 13 City of Newport Beach INDEX parking is a problem. He stated that he is against adding anymore tables or businesses which affect the parking for the existing tenants and patrons of the Lido village area. Commissioner Beek asked if there is a charge for parking in the parking structure. Mr. Inch stated that there is a 35 cent charge for one-half hour. He added that over 100 free parking stickers are provided for the stores in the area. In response to a question posed by Commissioner winburn, Mr. sill Laycock, Current Planning Administrator, stated that the floor area square footage of this proposal has been reduced from the previously approved restaurant facility. commissioner Allen clarified that in addition to the exclusive seating Area B, the customers of George's Camelot can "use" the public tables and chairs. She stated that the applicant would not be allowed to "serve" his customers at the public tables, with tableclothes, silverware and so on. Mr. Geffen stated that during the summer, in making the concession of the exclusive seating for this restaurant, the and result is that the common area is utilized first, so that the exclusive area seating is reserved. He stated that the public at large, is at a disadvantage. Commissioner Thomas referred to Page 2 of the staff report and asked if the easement language is standard. Mr. Bob Burnham, Assistant City Attorney, stated that the intent of the language is to allow for lateral movement on the pedestrian walkway and to require the grantor, Lido Marina Village, to improve the area so that it can be used for public purposes. in response to a question posed by Commissioner Allen, Mr. Burnham stated that this matter can be enforced by the City through action on the use permit. In response to a question posed by Commissioner Beek, Mr. Inch stated that there is a better water view adjacent to the bulkhead. tie stated that a fine french food restaurant dictates tableclothes and normal table set ups. He stated that Alternative No. 1 satisfies most everyone. -I- ,C0 A,\mISSIONLRS kzptember 24, 1981 City of Newport Beach OLL CALL otion bstitute tion iendment ceptance X '1 Ayes X X X MINUTES Commissioner Beek expressed his concern that the applicant would be putting tableclothes on the public tables. Mr. Inch stated that if a customer requested a certain table, then this situation might arise. Mr. Inch stated that the applicant would not be permitted to deliberately set up the public tables. Mr. Burnham stated that a customer has the right, notwithstanding, to be seated at a certain location. However, he suggested that Condition of Approval No. 1 be revised to include that the applicant shall not interfere with the right of the public to use the tables and chairs. Commissioner Beek asked if the applicant would be in violation of the use permit if he put a tablecloth on a public table. Mr. Burnham stated that would not be in violation, as long as the customer had requested the table. The applicant would not be allowed to put tableclothes on the public tables in advance of anyone making that request. Motion was made for approval of Alternative No. 2, subject to the -findings and conditions as set forth in Exhibit "B", which will not permit private use of a public easement. Substitute motion was made for approval of Alternative No. 1, subject to the findings and conditions as set forth in Exhibit "A" with a revision to Condition No. 1 that the applicant shall not interfere with the right of the public to use the tables and chairs, and an added Condition No. 5 that the exclusive use of Area "B" will go with this particular restaurant use. Commissioner Beek suggested an amendment to the substitute motion to include the following langua§e`. That if the applicant serves a customer at a public table, the tablecloth and silverware must be removed as soon as the customer is finished with the table. Chairman McLaughlin accepted this as an amendment to her substitute motion. Amended Substitute Motion for approval of Use Permit No. 1905 (Amended) by Chairman McLaughlin was now voted on as follows, which AMENDED SUBSTITUTE MOTION carried: QsD INDEX /. I" dp_�' - >ptembor 24, 1981 MINUI LS ' . OlL CALL Citv of FINDINGS: t Beach up 19u5 A.sW.J T 1. The proposed restaurant expansion is consistent with Lhe General Plan, and is compatible wiLh surrounding land uses. 2. The Police Department has indicated that they do not contemplate any problems. 3. The project will not have any significant environmental impact. 4. The approval of Use Permit No. 1905 (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 the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the attached floor plan designated "Alternative 111. Specifically, the existing tables and chairs located within the 6 foot public pedestrian casement shall remain free and available to the public. All tables and chairs located in the fire lane shall be removed. A portion of the patio area to the east of the subject structure may be used for the exclusive use of George's,Camelot restaurant use. The applicant shall not interfere with the right of the public to use the tables and chairs in front of the restaurant facility adjacent to the bulk- head. 2. That the total number of tables and chairs permitted, and their specific location throughout the Lido Village complex, shall be approved by the City Fire Marshall and Planning Director. 3. That a minimum of one parking space for each 40 sq. ft. of interior and exterior "net public area" shall be provided in the Lido Marina Village parking structure. -9- INDEX L0,'VAMISSI0NLRS FIp JC NN ROLL September 24, 1981 of t Beach MINUTES INDEX 4. That all mechanical equipment and the storage of cartons, containers, and trash shall be shielded from view within a building or within an area enclosed by a wall or fence. S. That the exclusive use of Area "B" shall be permitted in conjunction with this particular restaurant use only. 6. That if a customer requests to be served' at a public table, the tablecloth and silverware must be removed as soon as the customer is finished with the table. Request to establish a restaurant facility with on -sale Item N6 beer and wine and outdoor seating in conjunction with an existing retail sales operation. LOCATION: Lots 1121, 1122 and a portion of Lot USE PERMIT 1123, Tract 907, located at 3448 Via NO. 2020 Oporto on the northeasterly side of Via Oporto, between Central Avenue and Via Lido, in Lido Marina Village. APPROVED ZONE: C-1-H CONDI- TIONALLY APPLICANT: ido Marina Village, Newport Beach OWNER: Lid arena Village Associates', Newpor Beach The public hearing opened'i connection with this item and Mr. 'Bob Inch, Director. f Operations for. Lido Marina Village, appeared befo Q the Commission and requested approval of this item. Mr. Edward Warmington, owner of Lots and, 3 in the adjoining building, appeared before the'•.• mmission•and expressed his concerns relating to theme .number df daytime parking spaces available 'in the parking structure. lie then referred to the staff rep t and stated that the number of off -site parking agree cots is much higher than 42 spaces. -10- COMMIssxONBRs MINUTF.,S Ao�i\G o�i���s CITY OF NEWPORT BEACH October 7 1993 ROLL CALL INDEX In res a to questions posed by Commissioner Ridgeway, Mr. Hewicker lained the City's street signs would be changed, and he indicate hat the Finance Department, the Utilities Department, an a Building Department would change their records to indicate d Newport Boulevard". Commissioner Ridgeway commented tha a has always known the street as "Old Newport Boulevard". 1-lotion Motion was made to approve the eet name change to "Old Newport Boulevard". In response to a question posed by Commission Edwards, Don Webb, City Engineer, explained that the cost to cba a the street signs may be approximately $1,000.00. Ayes No * Motion was voted on, MOTION CARRIED. Absent ♦ t s , Use Permit No. 1905 (Amended) (Public Hearing) Item 110.: Request to amend a previously approved use permit which UP1905A permitted the establishment of George's Camelot Restaurant with on -sale beer and wine and an outdoor dining area on property UP3426 located in the C-1-11 District. The proposed amendment involves proved a request to expand the existing restaurant by converting 576± sq.ft. of retail area into restaurant "net public area". The request to expand the subject restaurant also represents a conversion of a portion of a building from a Base FAR use to a Reduced FAR use which also requires the approval of a use permit. A request to waive a portion of the required parking is also included in the application. LOCATION: Parcel 1 of Parcel Map 59-17 (Resubdivision No. 416), located at 3420 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via Lido, in Lido Marina Village. -3- 'COMMISSIONERS MINUTES �y�o�lt R o'�oso CITY OF NEWPORT BEACH October 7 1993 ROLL CALL INDEX AND B. Use Permit No 3426 (Public Hearing) Request to rescind a previously approved use permit which permitted the establishment of a retail store specializing in the sale and incidental tasting of beer and wine. The facility also included the sale of prepackaged food items to go such as potato chips and candy, and there was no food preparation on the premises. The approval also included a waiver of a portion of the required parking. The rescission also includes a transfer of the entitlement rights of the restaurant use to Use Permit No. 1905 (Amended), George's Camelot Restaurant. LOCATION: A portion of Lot 1, Tract No. 1235, located at 3431 Via Oporto, on the westerly side of Via Oporto, between Via Lido and Central Avenue, in Lido Marina Village. ZONE: C-1-11 APPLICANT: Lido Marina Village, Newport Beach OWNER: Same as applicant The public hearing was opened in connection with this item, and Ms. Donna Larson, appeared before the Planning Commission on behalf of the applicant, and she concurred with the findings and conditions in Exhibit "A". M There being no others desiring to appear and be heard, the -public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 1905 Ayes * * * * * * (Amended) and Use Permit No. 3426 subject to the findings and Absent * conditions in Exhibit "A". MOTION CARRIED. =4- i9 MINUTES - W�NAIRI \6 CITY OF NEWPORT BEACH October 7 1993 ROLL CALL INDEX Use Permit No. 1905 (Amended) Findines 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking exists to serve the subject restaurant. 4. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large or access through or use of property within the proposed development. 5. It has been demonstrated that the peak )tour traffic to be generated by the expanded restaurant will not exceed that generated by the existing uses in the development inasmuch as the applicant is discontinuing an equal amount of restaurant floor area in another portion of the Lido Marina Village development. 6. The structure on the site was constructed prior to October 25, 1988, consistent with the policies and ordinances in effect at the time of construction. 7. The restaurant and other building tenants will be restricted to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include, but are not limited to, hours of operation of on -site businesses, provision of valet parking, off -site parking, and net public area of restaurants. -5- v� COMMISSIONERS MINUTES rd °p try Gt �tn�O d. pL�'np g4'o�,tt � o'�oso CITY OF NEWPORT BEACH ROLL CALL INDEX 8. The proposed restaurant use and physical improvements are such that the approved project will not readily lend itself to conversion to a higher traffic generating use. 9. That the Police Department has indicated that they have no objections to the proposed restaurant expansion. 10. That the waiver of the development standards as they pertain to walls, landscaping, parking lot illumination, and one of the required parking spaces will not be detrimental to adjoining properties. 11. The approval of Use Permit No. 1905 (Amended) under the circumstances of this case will not 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 the general welfare of the City. Conditions: 1. That the subject project shall be in substantial conformance with the approved site plan and floor plan, except as noted below. 2. That all previous applicable conditions of approval of Use Permit No. 1905 and 1905 (Amended), as approved by the Planning Commission on April 19, 1979 and on September 24, 1981, respectively, shall be fulfilled. 3. That a washout area be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 4. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of -6- al COMMISSIONERS MINUTES ` c�c�o.��\\s O 011 f`��o���L\ CITY OF NE'WPORT BEACH October 7 1993 ZOLL CALL INDEX the Uniform Plumbing Code, unless otherwise approved by the Building Department. 5. That all restaurant employees shall park their vehicles in the Lido Marina Village Parking Structure. 6. That the development standards as they pertain to walls, landscaping, parking lot illumination, and one of the required parking spaces shall be waived. 7. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. 8. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of any building permits . or the use of the expanded portion of the restaurant. 9. That the Planning Commission may add to or modify conditions of approval to 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, peace, morals, comfort, or general welfare of the community. 10. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in+Section 20,80.090A of the Newport Beach Municipal Code. L Use Permit No. 3426 nin• 1. That the applicant has requested that the Planning Commission rescind its previous approval of Use Permit -7- A2 COMMISSIONERS MINUTES �f �v���o� CITY OF NEWPORT BEACH uctouer i iyyj ROLL CALL INDEX No. 3426 so as to transfer the allowable restaurant entitlement from the property located at 3431 Via Lido to property located at 3420 Via Oporto. Condition: 1. That Use Permit No. 3426 is hereby rescinded and all future use of the tenant space located at 3431 Via Oporto shall be limited to Base FAR uses as set forth in Chapter 20:07 of the Newport Beach Municipal Code. A. Site Plan Review No. 66 Continued Public Hearin stem No. Requ to approve a site plan review so as to allow the SPR66 construct n of 12 detached single family dwellings on property TTM1453 located in e Harbor View Hills Planned Community. The, proposal also i ludes a modification to the Harbor View Hills Approved Planned Commu ' District Regulations, so as to allow the construction of a so d wall along the exterior perimeter of the proposed development, rtions of which exceed 8 feet in height, up to a maximum 10 feet nches. B. Tentative Ma of Tract No. 14533 ntinued Public Hearin Request to subdivide 9.2 acres of land into numbered lots for single family residential development, 6 lettere lots fbr private landscape purposes, 1 lettered lot for a public park 'te, 1 lettered lot for public landscape purposes and 1 lettered to or future MacArthur Boulevard right-of-way, in the Harbor Vi8 Hills Planned Community. LOCATION: A portion of Block 92, Irvine's Subdivision, located at 2001 Newport Hills Drive West, on the northwesterly side of Newport Hills -8- Planning Commission Meeting October 7. 1993 Agenda Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT. A Use Permit No 1905(Amended)(Public Hearing) Request to amend a previously approved use permit'which permitted the establishment of George's Camelot Restaurant with on -sale beer and wine and an outdoor dining area on property located in the C-1-H District. The proposed amendment involves a request to expand the existing restaurant by converting 576t sq.ft. of retail area into restaurant "net public area". The request to expand the subject restaurant also represents a conversion of a portion of a building from a Base FAR use to a Reduced FAR use which also requires the approval of a use permit. Also included in the application is a request to waive a portion of the required parking. LOCATION: Parcel 1 of Parcel Map 59-17 (Resubdivision No. 416), located at 3420 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via Lido, in Lido Marina Village. I_M B. Use Permit No 3426 (Public Hearing) Request to rescind a previously approved use permit which permitted the establishment of a retail store specializing in the sale and incidental tasting of beer and wine. The facility also included• the sale of prepackaged food items to go such as potato chips and candy, and there was no food preparation on the premises. The approval also included a waiver of a portion of the required parking. The rescission also includes a transfer of the entitlement rights of the restaurant use to Use Permit No. 1905 (Amended), George's Camelot Restaurant. LOCATION: A portion of Lot 1, Tract No. 1235, located at 3431 Via Oporto, on the westerly side of Via Oporto, between Via Lido and Central Avenue, in Lido Marina Village. ZONE: C-1-H APPLICANT: Lido Marina Village, Newport Beach OWNER: Same as applicant TO: Planning Commission - 2. Applications This proposal involves a request to amend a previously approved use permit which permitted the establishment of George's Camelot Restaurant with on -sale beer and wine and an outdoor dining area on property located in the C-1-H District. The proposed amendment involves a request to expand the existing restaurant by converting 576± sq.ft. of retail area into restaurant "net public area". The request to expand the subject restaurant also represents a conversion of a portion of a building from a Base FAR use to a Reduced FAR use which also requires the approval of a use permit. The application also includes a request to waive a portion of the required parking. The proposal also includes a request to rescind a previously approved use permit which permitted the establishment of a retail store specializing in the sale and incidental tasting of beer and wine. The facility also included the sale of prepackaged food items to go such as potato chips and candy, and there was no food preparation on the premises. The approval also included a waiver of a portion of the required parking. The rescission also includes a transfer of the entitlement rights of the restaurant use to Use Permit No. 1905 (Amended), George's Camelot Restaurant. In accordance with Section 20.72.010 E of the Newport Beach Municipal Code, changes in the operational characteristics of existing restaurants require the approval of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Environmental 3ienificance 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 1 (Existing Facilities). Subject Property and Surrounding Land Uses The building in which the subject restaurant is located is one of several buildings located on a single parcel of land containing approximately 25,600± square feet. Based on Planning Department records, the total development on the site is approximately 27,764± square feet. Therefore, the current Floor Area Ratio for the subject property is approximately 1.08. The building in which the subject restaurant is located is a mixed use building containing 2,223± square feet of gross office floor area on the second floor, 635± gross square feet of retail floor area on the ground floor and 1,158± gross square feet devoted to the subject restaurant. To the north and west are retail stores; to the east is a public boardwalk with a commercial marina bayward of the site; and to the south is a restaurant. Conformance with the General Plan and Local Coastal Program, Land Use Plan The project is located within the Lido Marina Village portion of Statistical Area B5 which permits a variable Floor Area Ratio (FAR) of 0.5/0.75. Inasmuch as the subject property is currently developed with a structure which exceeds 0.5 FAR and which was constructed TO: Planning Commission - 3. prior to October 25, 1988, the provisions of Section 20.07.044 of the Municipal Code shall apply. A full discussion of the project's compliance with said provisions will be provided later in the staff report. The Land Use Elements of the General Plan and the Local Coastal Program designate the site for "Retail and Service Commercial" uses. The subject restaurant is a permitted use within this designation. Inasmuch as the subject property is located in the Coastal Zone, approval of this application by the Coastal Commission shall be required prior to the issuance of building permits. Background Relative to Use Permit No. 1905 On April 19, 1979, the Planning Commission approved Use Permit No. 1905, which permitted the establishment of the subject restaurant with on -sale beer and wine where two retail shops previously existed. Said action was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated April 19, 1979. At its meeting of September 24, 1981, the Planning Commission approved Use Permit No. 1905 .(Amended) which permitted the expansion of the subject restaurant by establishing a 240 square foot outdoor eating area. Said action was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated September 24, 1981. It should also be noted that there are tables and chairs located in front of the existing restaurant adjacent to the bay; however, they are not included in the "net public area" of the restaurant inasmuch as they are for nonexclusive use and available to the public. At its meeting of October 10, 1985, the Planning Commission approved a second amendment to Use Permit No. 1905 which involved a request to enclose the outdoor dining area. Although said application was approved, it was never implemented, and therefore expired 24 months thereafter, in accordance with the provisions of Section 20.80.090 of the Municipal Code. At its meeting of February 8, 1990, the Planning Commission approved a third amendment to Use Permit No. 1905 which involved a similar request to expand into the same retail space that is currently being considered. However, to provide the additional parking spaces required for the expanded restaurant facility in 1990, the applicant proposed to demolish an existing commercial building located at 3636 Newport Boulevard and construct a new parking lot (The subject building will not be demolished in conjunction with this application). The application was never implemented, and it also expired 24 months thereafter. An excerpt of the Planning Commission minutes dated February 8, 1990 is attached for the Commission's information. Background Relative to Use Permit No 3290 and Use Permit No. 3426 At its meeting of February 18, 1988, the Planning Commission approved Use Permit No. 3290 which permitted the establishment of a 661± square foot (gross), take-out restaurant TO: Planning Commission - 4. facility specializing in muffins and other baked food items and soft drinks in the commercial space located at 3431 Via Lido. Said approval also included a waiver of 11 parking spaces where 14 parking spaces would have been required. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated February 18, 1988. At its meeting of March 14, 1988, the City Council reviewed and sustained the action of the Planning Commission. A copy of the City Council minutes pertaining to Use Permit No. 3290 is also attached for the Planning Commission's information. At its meeting of September 5, 1991, the Planning Commission approved Use Permit No. 3426 which allowed the conversion of the take-out restaurant to a retail store specializing in the sale and tasting of beer and wine. The facility also included packaged food to go such as potato chips and candy; however; there was no food preparation. Said approval also included the continued waiver of all but three parking spaces for the facility. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated September 5, 1991. It should be noted that this business remained open for less than a year and the tenant space has been vacant for the last year. Analysis The owner of Lido Marina Village are now requesting to convert 576± square feet of existing retail commercial floor area (635± sq.ft. gross), located directly,adjacent to the existing restaurant, into additional dining area for the existing restaurant. As indicated on the attached plans, all of the converted floor area will be used for "net public area" and will include 13 tables and 38 seats. The existing restaurant is permitted 907 square feet of "net public area" (667 sq.ft. of interior and 240 sq.ft. of exterior "net public area"). Therefore, the total "net public area" proposed will increase to 1,483 square feet. The existing restaurant is currently operating from 10:00 a.m. to 10:00 p.m. daily, and there are 8 employees currently on duty during peak hours of operation. The applicant has indicated that he does not anticipate the need for any additional employees as a result of the proposed restaurant expansion. Lido Marina Village Parking Summary The following table sets forth the overall daytime and nighttime parking requirement for Lido Marina Village: Da ime Nighttime Retail: (22,815± sq.ft. @ 1 space/250 sq.ft.) 92 0 Office: (32,758± sq.ft. @ 1 space/250 sq.ft.) 131 0 Boat Slips (23 slips @ 1 space/.75 slips) 18 0 I A- TO: Planning Commission - 5. Da ime Ni btg time Off -Site Parking Arrangements: Bank of America 50 0 Lido Shops 24 0 Port-O-Call Pasadena 1 0 Restaurants: Warehouse (after 6:00 p.m.) Use Permit No. 1711A 0 175 Bacchus (after 6:00 p.m.) Use Permit No. 1956A 0 189 Newport Deli Use Permit No. 1735 13 13 German Bakery Use Permit No. 1738 6 6 Mr. Taco Use Permit No. 1849 3 3 George's Camelot Use Permit No. 1905 23 23 Lido Greek Use Permit No. 1906 3 3 Beach Break Use Permit No. 3426 3 3 Le Bistro Use Permit No. 2020 16 16 Total Parking Required: 383 431 Parking Available: Parking Structure 374 400 Bay Lido Bldg at 3700 Newport Boulevard 0 24 Total Available 374 424 Parking Deficiency/Surplus: -9 -7 Restaurant Off -Street Parking Requirement Based on the current parking requirement for the subject restaurant which is based on a formula of one parking space for each 40 square feet of "net public area', the required parking for the expanded restaurant will be 38 spaces (1,483 sq.ft. _ 40 sq.ft. = 37.07 or 38 spaces). The existing restaurant requires 23 parking spaces; therefore, the proposed expansion will increase the off-street parking requirement by 15 parking spaces. It should be further mentioned that pursuant to Section 20.30.035 B(4) of the Municipal Code, the Planning Commission may increase or decrease the parking requirement of a restaurant within a range of one parking space for each 30 sq.ft. of "net public area" (50 parking spaces) or one parking space for each 50 sq.ft. of "net public area" (30 parking spaces). Staff is of the opinion that the existing requirement of one parking space for each 40 sq.ft. of "net public area" would be appropriate. It should also be noted that the existing retail commercial space is already parked at a formula of one parking space for each 250 square feet (3 parking spaces). Therefore, the restaurant expansion will result in a net increase of 12 parking spaces. As indicated in the previous Background Section for Use Permits No. 3290 and 3426, the food service operations located at 3431 Via Oporto, both included a waiver of 11 off-street parking spaces. Inasmuch as the applicant is requesting the Planning Commission to rescind Use Permit No. 3426 as part of the expansion of Use Permit No 1905 (Amended), the TO: Planning Commission - 6. combined action results in an increased parking requirement of one parking space. Inasmuch as there is already a deficiency of 9 parking space during the day and 7 parking spaces at night, the applicant is requesting that the additional parking space be waived. Staff has no objections to the waiver of the one additional parking space, inasmuch as there is a significant pool of parking within the Lido Marina Village Parking Structure, and staff has counted on two occasions, during the day, as many as 210 vacant parking spaces in the parking structure. Compliance With the Floor Area Ratio Ordinance In accordance with the recently adopted Floor Area Ratio Ordinance (Chapter 20.07 of the Municipal Code), the base development allocation for the subject property is 0.5 FAR. However, as indicated previously, the existing development on the site maintains a FAR of 1.08; therefore, the existing development is nonconforming relative to the allowable base development allocation. However, as further provided in Chapter 20.07, lawful uses in buildings constructed prior to October 25, 1988, may continue without fully complying with the requirements of the Ordinance. The FAR Ordinance further allows for the conversion of a Base FAR use (uses permitted up to .5 FAR such as retail and office uses) to a Reduced FAR use (uses permitted up to .3 FAR such as restaurants) such that the base development allocation for the property will be exceeded, subject to the approval of a use permit by the Planning Commission, or City Council on review or appeal; and provided further that the following findings are made: 1. It has been demonstrated that the peak hour traffic to be generated by the proposed uses will not exceed that generated by the existing uses in the development, as determined in accordance with City Council Policy S-1. 2. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, per City Council Policy S-1. 3. The structures on the site were constructed prior to October 25, 1988, consistent with the policies and ordinances in effect at the time of construction. 4. The building tenants would be restricted to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include, but are not limited to, hours of operation of on -site businesses, provision of valet parking, off -site parking, and net public area of restaurants. 5. The proposed use and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 6. The proposed uses are compatible with the surrounding area. TO: Planning Commission - 7. In order to insure that the proposed conversion of retail space to restaurant space will be in compliance with the above findings, the applicant is proposing to convert the approved 661t square foot food service operation located at 3431 Via Lido (Use Permit No. 3426) to retail use and transfer the restaurant entitlement to 3420 Via Lido [Use Permit No. 1905 (Amended)]. This will allow the 635t square foot retail space to be converted to restaurant dining in conjunction with George's Camelot Restaurant. Such a transfer of entitlement will allow the Planning Commission to appropriately make Findings No. 1 and 2 above, should it desire to approve this application. It is staffs further opinion that the remainder of the findings can also be made in conjunction with the proposed restaurant expansion. Waiver of Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants and take-out 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, signing, 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, landscaping, parking lot illumination, and the 1 additional required parking space should be waived if the Planning Commission approves this application because of the existing physical characteristics of the site and the large pool of parking which is available within the Lido Marina Village Parking structure. Specific Findings 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, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Inasmuch as the proposed restaurant expansion fully complies with the Floor Area Ratios and Building Bulk Ordinance, provides adequate off-street parking and is consistent with the provisions of the General Plan and Local Coastal Plan, staff is unable to determine appropriate findings for denial. Therefore, no Exhibit for Denial has been provided. However, should additional information be presented at the public hearing which would justify the denial of the application, the Planning Commission may wish to take such an action. TO: Planning Commission - 8. PLANNING DEPARTMENT JAMES /D1.� HHEEW�IC/K,EnR, Director W. William Ward Senior Planner Attachments: Exhibit "A" Vicinity Map Excerpts of the Planning Commission minutes dated April 19, 1979, September 24, 1981 and February 8, 1990 for Use Permit No. 1905 and 1905 (Amended) Excerpt of the Planning Commission minutes dated February 18, 1988 for Use Permit No. 3290 Excerpt of the City Council minutes dated March 14, 1988 for Use Permit No 3290 Excerpt of the Planning Commission minutes dated September 5, 1991 for Use Permit No. 3426 Location Plan, Site Plan and Floor Plan for Use Permit No. 1905 (Amended) Floor Plan for Use Permit No. 3426 l6 TO: Planning Commission - 9. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1905 (AMENDED) AND USE PERMIT NO.3426 October 7, 1993 A. Use Permit No 1905 (Amendedl Findings: 1. That the proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking exists to serve the subject restaurant. 4. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large or access through or use of property within the proposed development. 5. It has been demonstrated that the peak hour traffic to be generated by the expanded restaurant will not exceed that generated by the existing uses in the development inasmuch as the applicant is discontinuing an equal amount of restaurant floor area in another portion of the Lido Marina Village development. 6. The structure on the site was constructed prior to October 25, 1988, consistent with the policies and ordinances in effect at the time of construction. 7. The restaurant and other building tenants will be restricted to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include, but are not limited to, hours of operation of on - site businesses, provision of valet parking, off -site parking, and net public area of restaurants. 8. The proposed restaurant use and physical improvements are such that the approved project will not readily lend itself to conversion to a higher traffic generating use. 9. That the Police Department has indicated that they have no objections to the proposed restaurant expansion. 10. That the waiver of the development standards as they pertain to walls, landscaping, parking lot illumination, and one of the required parking spaces will not be detrimental to adjoining properties. TO: Planning Commission - 10. 11. The approval of Use Permit No. 1905 (Amended) under the circumstances of this case will not 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 the general welfare of the City. Conditions: 1. That the subject project shall be in substantial conformance with the approved site plan and floor plan, except as noted below. 2. That all previous applicable conditions of approval of Use Permit No. 1905 and 1905 (Amended), as approved by the Planning Commission on April 19, 1979 and on September 24, 1981, respectively, shall be fulfilled. 3. That a washout area be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department. 4. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 5. That all restaurant employees shall park their vehicles in the Lido Marina Village Parking Structure. 6. That the development standards as they pertain to walls, landscaping, parking lot illumination, and one of the required parking spaces shall be waived. 7. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. the 8 issuance of any building permits or the use of the expanded portion of the restauhat the applicant shall obtain the approval of the Coastal Commission prior rant. 9. That the Planning Commission may add to or modify conditions of approval to 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, peace, morals, comfort, or general welfare of the community. 10. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. TO: Planning Commission - 11. B. Use Permit No. 3426 Finding: 1. That the applicant has requested that the Planning Commission rescind its previous approval of Use Permit No. 3426 so asto transfer the allowable restaurant entitlement from the property located at 3431 Via Lido to property located at 3420 Via Oporto. Condition: 1. That Use Permit No. 3426 is hereby rescinded and all future use of the tenant space located at 3431 Via Oporto shall be limited to Base FAR uses as set forth in Chapter 20.07 of the Newport Beach Municipal Code. CNANNK q F 5 4 VIM IT"-( M� SP•5 Sl-5 O "s SE! MAP NO. 6 SCALE OF FEET u CLIFF ORIVC 5,�5 \9 \ � FAR 0 SEE MMP NO. S O oWpl li 1 b u31 \\ ��QO \ \\ ORDVS•VF �I DISTRICTING NEWPORT BEACH - ( AGRICULTURAL RESIDENTIAL SINGLE FAMILY RESIDENTIAL DUPLEX RESIDENTIAL PEST% MULTIPLE FAMILY RESIDENTIAL COMBINING DISTRICTS MAP _IFORNIA MULTIPLE RESIOENTIAL LIGHT COMMERCIAL GENERAL COMMERCIAL MANUFACTURING k?-Ntet:) cah� N� FEnem lT No. ?42C0 fa COMMISSIONERS MINUTES CITY OF NEWPORT BEACH CALL 71NDEXROLL Posting of the Agenda:o te James Hewicker ng Director, stated that the Planning Agenda Commison— genda was posted on Friday, November 4, 1994, in front of City Hall. Use Permit No 1905 (Amended) (Public Hearing) Item No. Request to amend a previously. approved use permit which uc1905A the establishment of George's Camelot Restaurant with permitted on -sale beer and wine and an outdoor eating area on property Approved located in the RSC-H District. The proposed amendment involves a request to expand the existing restaurant into an adjoining commercial space which was previously occupied by a take-out restaurant. The proposal also includes a request to waive any additional required off-street parking. - -LOCATION: Parcel i of Parcel Map 59-17 (Resubdivision No. 416), located at 3420 Via Oporto, on the northeasterly side of Via Oporto,, between Central Avenue and Via Lido, in Lido Marina Village. ZONE: RSC-H APPLICANT: Lido Marina Village, Newport Beach OWNER: Same as applicant In response to a question posed by Commissioner Ridgeway, James Hewicker, Planning Director, explained that the application is a request to expand George's Camelot Restaurant and to change the operational characteristics of the restaurant. Commissioner Adams commented that there may be parking implications if the expansion was not for overflow use only. -2- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH 1994 ROLL CALL INDEX Commissioner Edwards and Mr. Hewicker discussed the feasibility of adding a Consent Calendar to the Planning Commission Agenda for the purpose of processing items similar to the subject request when staff is unable to determine appropriate findings for denial. The public hearing was opened in connection with this item. There being no one to appear and be heard, the public hearing was closed at this time. * Motion was made to continue Use Permit No.1905 (Amended) on Motion the basis that no one appeared before the Planning Commission on behalf of the applicant inasmuch as the Commission had questions concerning the expansion of the restaurant. Commissioner Ridgeway made a substitute motion to approve Use Substitute Permit No. 1905 (Amended) subject to the findings and conditions Motion * in Exhibit "A". The public hearing was reopened and Mr. Walter Heim, architer.,t, 365B North Newport Boulevard, appeared before the Planning Commission on behalf of the applicant. Mr. Heim indicated that he had not read the findings and conditions in Exhibit "A", and, therefore, the Planning Commission requested that Item No. 1 be discussed after Agenda -Items No. 2 and No. 3 to allow Mr. Heim additional time to review Exhibit "A". Motion * Motion was made and voted on to continue Item No. 1 following All Ayes Items No. 2 and No. 3. MOTION CARRIED. Following the public hearings of Items No. 2 and No. 3, Mr. Heim reappeared before the Planning Commission. Mr. Heim concurred with the findings and conditions in Exhibit "A". In response to a question posed by Mr. Hewicker, Mr. Heim stated that the restaurant's expansion would be used on a regular basis during the winter months when the outdoor eating area would not be available, and for large dinner parties. He said that handicap restrooms would also be available. -3- COMMISSIONERS r-+ MINUTES CITY OF NEWPORT BEACH 1994 ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. ubstitute The substitute motion was voted on to approve Use Permit No. otion 1905 (Amended) subject to the findings and conditions in Exhibit .11 Ayes ,A,. MOTION CARRIED. Findines 1. That the -proposed development is consistent with the General Plan and the Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking exists to serve the subject restaurant. T 4. That the design of the project or proposed improvements will not conflict with any easements acquired by the public at large or access through or use of property within the proposed development. 5. That the waiver of the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking spaces will not be detrimental to adjoining properties. 6. The approval of Use Permit No. 1905 (Amended) under the circumstances of this case will not 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 the general welfare of the City. -4- Cp.MMISSIONERS ors CITY OF NEWPORT BEACH MINUTES LOLL CALL INDEX Conditions: 1. That the subject project shall be in substantial conformance with the approved location plan and floor plan, except as noted below. 2. That all previous applicable conditions of approval of Use Permit No. 1905 and 1905 (Amended), as approved by the Planning Commission on April 19,1979, September 24,1981 and October 7, 1993, respectively, shall be fulfilled. 3. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 4. That all restaurant employees shall park their vehicles in the Lido Marina Village Parking Structure. 5. That the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking spaces shall be waived. 6. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to -be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. 7. That the applicant shall obtain the approval of the Coastal Commission prior to the issuance of any building permits or the use of the expanded portion of the restaurant. 8. That the Planning Commission may add to or modify conditions of approval to 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 -5- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 9. That this Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Use Permit No. 3499 (Amended) (Public Hearing) Item No. Request to amend a previously approved use permit which permitte�the establishment of a full service graphic design studio which also cludes an instructional facility specializing in print advertising cl'esign, on property located in the Newport Place Planned Commity. The proposed amendment involves a request to permit additional students, and to expand the facility into. existing vacant office\area_s within the building which will be used for a library, a lecturei om, and two additional classrooms. LOCATION: Parcel of Parcel Map 61-9 (Resubdivision No. 423 located at 3901 MacArthur Bouldvard, the northwesterly corner of MacArthur Bo levard and Jamboree Road, in the Newport 1 ce Planned Community. ZONE: P-C APPLICANT: Platt College, Anaheim, In . Newport Beach OWNER: Nikko Capital Corp., Newport each The public hearing was opened in connection with this it and Mr. Bill Lockwood, applicant, appeared before the PI ing Commission. Mr. Lockwood concurred with the findings d conditions in Exhibit "A". -6- UP3499A Approved APPLICATION FOR "APPROVAL IN CONCEPT' NO. CITY OF NEWPORT BEACH FEE:3� ,O e APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - 4s required for permit application to the California Coastal Commission pursuant to California Administrative Code, Section 13210 and 13211. hy�, ` Property Address: : +' ,o I—AOF?2= MAE ,2717 General Description of Proposed Development: �eZ't= rl `QAI LLS�Z�IF�SUL�� A6QtiCo0off` C L� �RFId (' �glto 8�°rKL Legal Description: L VXA-P Ti 7 —17 Zone: Applicant: 'I, % �T 4F-11M Applicant's Telephone DO NOT COMPLETE APPLICATION BELOW THIS LINE The I have reviewed the plans for the foregoing development including: and find 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application; They comply with the current adopted City of Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or • That a 4C6/4tas been approved and is final A copy of any variance, site plan review, resubdivision, use permit, or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, and said approval has been written upon site plans, signed and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: • Has received a final Exemption Declaration or final Negative Declaration (copy attached). Has been determined to be ministerial or categorically exempt. • Has received a final Environmental Impact Report (copy Attached). V,, A % ID All discretionary approval legally required of this City prior to issuance of a building permit . ve1l� given and are final. The development is not subject to rejection in principal by they-� �fhids�s a substantial change in it is proposed. E�pOR� gEK'" This concept approval in no way excuses the applicant from complying with afi%p&onnF abNle policies, ordinances, codes, and regulations of this City. Date: 6 — 96 -115 Attachments: wmuTts or P�,�Ck/46- wri /V PLANNING DEPARTMENT JAMES D. HEWICKER Director NOTE: No building permit will be issued until approval is received from C.C.C. W PS I\PLANNING\DARLEENTORMSWPRLCONP.DOC COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Telephone: 17141 644-3200 /By:Genia Garcia, Aasociate.Planner \By:Marc Mvers, Assistant Planner Date:.cJ '�� �� Address:, Districting Map No. Corrections Required: Legal Description: Land Use Element Page No. -� y Lot Block Section Tract 'Plan Check Nor By:Christy Teague, Associate Planner Resubdivisidn 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. Lot Size nn j/J Zone Proposed Use i (Iij A.•'df J' Ttr— Required , Setback��p .Front - ,*Ul /Pl Rear Right Side Left Side FAR WORKSHEET Lot area (site area sq.ft.): sq.ft. Base Development Allocation (BDA): Comm sq.ft. [0.5 x site area sq.ft., unless otherwise specified in Land Use Element-] FAR permitted, without variance: (A) Comm res oka Square footage permitted: Comm res uka sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) Comm res oka Maximum square footage allowed: Comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: , (C) Base FAR use sq.ft. 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 1 sq.ft. Base sq.ft. Reduced X 1.00 X 1.67 sq.ft. Maximum X 0.50 TOTAL WEIGHTED SQ.FT.(May not exceed BDA) sq.ft. sq.ft. wq. ft., Provide tissue overlay of calculations to verify provided square footage. r Required Parking Proposed parking (Indicate number of stalls provided) Total On -Site Parking Standard Compact In -lieu Parking Dimension building height as measured from natural grade to average and maximum.,, roof height show natural grade line on all elevations show all rooftop mechanical equipment and dimension from grade directly below. `~•Indicate location of trash containers on site plan. Number of stories Floor Plan fully dimensioned showing all room user. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the nennarty line. Fair share San Joaquin Hills Transportation Corridor Fee_, SPI,CCTAT_• APPROVAL REQUIRED THROUGHt Please indicate any discretionary approval numbers on the plane and incorporate the attached; - excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committees Indicate Approval No. on Eluslines Modification required for mmission/City Use Permits Coup No. -, Variances No. YY Resubdivision/Tracts No. site Plan Reviews No. Amendments No. Public Norkst Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans gyj,ld nc D®partiment Grading Enginser Parks Druartmentt Approval of Landscape Piano Coastal Development Permits Approval In Concept AIC) No. o at F le 3 set o , oor, and elevations e eve opment Perm t: o. waiver/Exemptions Effective Dates No. Effective dates' NOTES 2t 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 as at (714) $44- 3200. i i� APPLICATION FOR "APPROVAL IN CONCEPT" CITY OF NEWPORT BEACH i� NO. FEE: APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application to the South Coast Regional Commission pursuant to California Administrative Code, Section 13210 and 13211. General Description of Proposed Develoopment: � eefA� yam-'—�",c1✓//�/�.dii fJf S �(� `%r Property Address: Legal Description: Zone: Applicant:I—L424 i772glZ1111,*, Applicant's Mailing Address: ;Woo-) 41/%%il Applicant's Telephone Number: 7d (ice :7 T�� G2 DO NOT COMPLETE APPLICATION BELOW THIS LINE I have reviewed the plans for the foregoing development including: 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application; and find o They comply with the current adopted City of Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or �+ J£ /- r 1 f\M. That a vaxiance4 r—exception has been approved and is final. A copy of any variance, exception, conditional use permit, or other issued, permit is attached together with all__ conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, and said approval has been written upon said plans, signed and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: Has been determined to be ministerial or categorically exempt. o Has received a final Exemption Declaration or final Negative Declaration (copy attached). o Has received a final Environmental Impact Report (copy attached). All discretionary approval leqally required of this City prior to issuance of a building permit have been given and are final. The development is not subject to rejection in principal by this City unless a substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of this City. Date: PLANNING DEPARTMENT JAMES D. HEWICKER, Director Attachments: NOTE: No building permit will be issued until approval is received from S.C.R.C. Off %� 26 COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS r Telephone: (714) 644-3200 (13y:Genia Garcia, Associate Planner By:Marc Myers, Assistant Planner Date: c� �� �� Address Districting Map No. Corrections Required: Legal Description: Plan Check No: "" /� By:Christy Teacue, Associate Planner Land Use Element Page No. �4�, Lot Block _ Section _ Tract 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. Lot Size /� Welt) Zone �K �7"f ✓ AJ11 ^' i Proposed Use �.Q(ji��`J e>i -7�_ Required Setbacks/ Front Rear Right Side (J�/ Left Side FAR WORKSHEET Lot area (site area sq.ft.): sq.ft. Base Development Allocation (BDA): Comm sq.ft. [0.5 x site area sq.ft., unless otherwise specified in Land Use Element] FAR permitted, without variance: (A) comm res okc Square footage permitted: Comm res nkc sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) Comm res nkc Maximum square footage allowed: comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. (E) Maximum FAR use sq.ft. sq.ft. 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 not exceed BDA) Provide tissue overlay of calculations to verify provided square footage. Required Parking Proposed parking (Indicate number of stalls provided) Total On -Site Parking Standard Compact ' In -lieu Parking Dimension building height as measured from natural grade to average and maximum roof height Show natural grade line on all elevations show all rooftop mechanical equipment and dimension from grade directly below. t Indicate location of trash containers on site plan. Number of stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. _ Fair `share Contributi n J45 x O Ban Joaquin Hills Transportation Corridor 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 Committees Indicate Approval No. on Bluelines Modification required forPlanning Commission/City Use Permits No. Variances No. _ NeenbdRv/Tracts No. Site Planlan Review: No. V��Asssndrtwnts No. other Public Works: Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Building Departments Grading Engineer Parks Departments Approval of Landscape Plans Coastal bevelowent Permits: ,ii�(,r �Y v7�e& 2 Apprbval In Conce t AIC) No. o es Pile 3 set■ o , r, and elevations }�(i e eve opment Perm is . Waiver/Exemptions puau..are ua6w. 461 NOTES it is the responsibility of the applicant to circulate their plans and obtain the necessary approvals fro* the departments checked above* if you have questions regarding your application, please contact as at (714) 644- 3200. s t l61Y %act-�Q- SiAlc MALIFORNIA—THE RESOURCES AGENCY PETE WILSON, (,o. r CALIFORNIA COASTAL COMMISSION �,,,��@L��,, SOUTH COAST AREA Page 1 of 2 l 245 W. BROADWAY, STE. 380 �1 P.O. BOX 1450 1 I UJ Mi O. VV LONG BEACH, CA 90802.4416 ��,Jr�u} (310) 590.5071 - a y{ FEB 31994 CALIFORNIA On January 11. 1994 , the California Coastal Commission gra9M$'64L COMMISSION SOUTH COAST DISTRICT Lido Marina Village this permit subject to the attached Standard and Special conditions, for development consisting of: Convert 627 square feet of former retail space to additional dining area for an existing restaurant. more specifically described in the application file in the Commission offices. The development is within the coastal zone in Issued on behalf of the California Coastal Commission by R,C' . " ri 91f PLANNING DEPARTMENT CITY OF NEWPORT BEACH JUN 15 1995 AM PM 701911UII1112111213141516 i County at PETER DOUGLAS Executive Director By. �v.&V111- Title: Staff Analyst The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance... of any permit.. " applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND;1JNTiL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN I�>�I'J?RNED TO THE COMMISSION QFFICE. 14 Cal. Admin. Code Section 13158(a). / / A6: 4/88 A - Permit Noe 5-93 34of s 1. Noti��of R �•ipt„d Ack„„. �.a.... The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is -returned to the Commission office. 2. 90itation• If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to, the expiration date. 3• CPARligm. All development must occur in strict compliance with the proposal forth in the application for permit, subject to any special conditions set forthbelow.below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. i*�MMUtion. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. S. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24—hour advance notice. 6. eNiiag1W. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. These terms and conditions shall be and it is the intention of the Commission and the permittee to bind All future owernerstaand possessors of the subject property to the terms and conditions. tppriAt. COND199ONq; I. Future Improvements. An application for a coastal development permit or permit amendment must be submitted for any revisions or future improvements to the proposed development which results in a change in Intensification of use (including but not limited to changes in hours of operation, the addition of of use) t square evaluate footage impacts of the evisions or or a futuure improvemose from one e nts soon to oo ther type To ensure that overall parking demand does not exceed the parking available in the parking structure, a parking study prepared by a transportation engineer licensed by the State of California shall be submitted as part of any such future application for a coastal development Permit or permit amendment. This study shall have been prepared within a year of the date of the application submittal. Based on the parking standards contained in the Commission's Orange Countyegional R Interpretive Guidelines, and allowing for shared use, the study shall calculate the parking demand of all the various uses, including vacant tenant spaces, present in Lido Marina Village at the time of application. 1016F JA/lm STATE OF CALIFORNIA—THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802.4416 (370) 590-5071 ', A i PETE WILSON, Gommor Filed: 12/17/93 49th Day: 2/4/94 �- 180th Day: 6/15/9 Staff: JTA-LB Staff Report: 12/23/93 Hearing Date: January 11-14, 1994 Commission Action: STAFF REPORT: REGULAR CALENDAR APPLICATION NO.: 5-93-348 APPLICANT: Lido Marina Village PROJECT LOCATION: 3420 Via Oporto, City of Newport Beach, County of Orange PROJECT DESCRIPTION: Convert 627 square feet of former retail space to additional dining area for an existing restaurant. Parking spaces: 374 in shared parking structure Zoning: RSC-H LOCAL APPROVALS RECEIVED: City of Newport Beach Approval -In -Concept 2067-93, City of Newport Beach Use Permit 1905 (Amended) SUBSTANTIVE FILE DOCUMENTS: De Minimis Waiver 5-90-318 (Lido Marina Village), Coastal Development Permit Application 5-86-902 (Camelot Restaurant), Coastal Development Permit Application 5-85-783 (Camelot Restaurant), Coastal Development Permit P-79-5908 (Lido Marina Village) SUMMARY OF STAFF RECOMMENDATION: Staff recommends that the Commission approve the proposed development with one special condition regarding future improvements. The staff recommends that the Commission adopt the following resolution: I. Approval with Conditions. The Commission hereby grants a permit, subject to the conditions below, for the proposed development on the grounds that the development, located between the nearest public road and the shoreline, will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, including the public access and recreation provisions of Chapter 3, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. 5-93-348 Page 2 II. STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation, Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections, The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with te Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions, III. SPECIAL CONDITIONS future Improvements. An application for a coastal development permit or permit amendment must be submitted for any revisions or future improvements to the proposed development which results in a change in intensification of use (including but not limited to changes in hours of operation, the addition of more square footage to the tenant space, or a change from one type of use to another type of use) to evaluate the impacts of the revisions or future improvements on parking. To ensure that overall parking demand does not exceed the parking available in the parking structure, a parking study prepared by a transportation engineer licensed by the State of California shall be submitted as part of any such future application for a coastal development permit or permit amendment. 5-93-348 Page 3 Special Conditions --Future Improvements (cont'd This study shall have been prepared within a year of the date of the application submittal. Based on the parking standards contained in the Commission's Orange County Regional Interpretive Guidelines, and allowing for shared use, the study shall calculate the parking demand of all' the various uses, including vacant tenant spaces, present in Lido Marina Village at the time of application. IV. FINDINGS AND DECLARATIONS A. Prolect Description The applicant is proposing to add 627 square feet of dining area to an existing restaurant which currently consists of 846 square feet of indoor dining/service area and 227 square feet of outdoor dining area. The proposed additional dining area will be converted from a vacant retail space located adjacent to the current restaurant. The subject restaurant is located in a mixed -use office -retail complex. The portion of the complex containing the subject restaurant is located between the nearest public roadway and the shoreline of Newport Harbor. B. Project History/Previous Commission Action The Coastal Commission, and its former South Coast Regional Commission, has received and acted on several coastal development permit applications for the subject tenant space. The South Coast Regional Commission approved coastal development permit P-79-5908 (Lido Marina Village) to convert, on the site of the current proposed development, a previously existing retail space to the currently existing restaurant space. In 1985 and 1986, the corporation owning the restaurant twice applied to enclose an existing outdoor seating area with a greenhouse. In both cases, Commission staff made the decision to return the applications because of incomplete information. Neither of these applications was resubmitted. The Commission approved De Minimis Waiver 5-90-318 (Lido Marina Village) for the same restaurant expansion that is currently being proposed. Also part of that previous proposal was the planned demolition a nearby building to create additional parking spaces. The development as proposed under that waiver was never undertaken. The current proposed development is identical to that approved by Waiver 5-90-318 except that the applicant is now not proposing to demolish the nearby building. The proposed expansion of the restaurant remains unchanged. I. 5-93-348 Page 4 C. Public Access/Parking/Recreation 1. Parking Section 30252(4) of the Coastal Act states: The location and amount of new development should maintain and enhance public access to the coast by (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation. The subject site is located in an area that is historically popular with the beach -going public. In addition to wide sandy beach areas, the Balboa Peninsula contains many restaurants and visitor serving retail areas as well as two popular piers and a fun zone. Because of the area's popularity with the public, it often fills to capacity during prime visitor periods. When a development does not provide adequate parking, patrons of that development are forced to seek parking that is available to the public -at -large. This can result in competition between patrons of private uses and visitors to the coastal zone for available public parking spaces. An inadequate supply of public parking can deter the public from using beach areas and other visitor serving facilities. Consequently, it is important that all new development provide adequate parking to minimize adverse impacts on public access to, and use of, the coast. The Commission's Orange County Regional Interpretive Guidelines provide standards for the provision of parking for different types of uses. Retail uses require one parking space for every 225 square feet of gross floor area. Restaurant uses require one parking space for every 50 square feet of public service area, Therefore, the proposed development, which involves the conversion of retail space to restaurant use, represents an intensification of use and a resultant greater parking demand. A total of 314 spaces in a parking structure are shared by the shops, offices, and restaurants (including the proposed development) of Lido Marina Village. After 5:00 p.m., the Bacchus nightclub/restaurant, for which coastal development permit 5-93-207 was approved, provides 23 additional tandem parking spaces as part of a valet service for a total of 397 parking spaces in the structure. The applicant has submitted parking counts for the months of May through November of 1993. The parking counts show that, during these months, the parking structure was full between 6% to 929 of the time. Prior to 5:00 p.m, the structure was full an average of 28% of the time. After 5:00 p.m., when the additional 23 tandem parking spaces are available, the structure was full an average of 37% of the time. Past Commission actions on coastal development permit applications in the general vicinity of the proposed development have shown a greater concern for parking availability during daytime hours prior to 5:00 p.m., when use of beach areas is at its greatest, than at night (5-93-207 (Beneker), 5-93-137 (Doan), 5-91-776 and 5-91-776A (Sperrazza), 5-89-512 (Doan), P-80-6856 (Lido Marina Village)). According to the traffic counts, the peak demand for the parking garage occurred on weekends after 9:00 p.m., well after prime beach -going hours, with parking demand decreasing during weekend days and weekday nights, and the lowest demand occurring during weekdays prior to 5:00 p.m. 5-93-348 Page 5 Parkinq (cont'd Because there is excess capacity in the parking structure before 5:00 p.m., during prime beach —going hours, the Commission finds that adequate parking is available to satisfy the demand of the proposed development and that there will be no significant adverse impacts on public access as a result. However, the Commission also finds that, due to the constant change in tenant mix of a mixed —use office/retail/restaurant complex, an application for a coastal development permit or permit amendment must be submitted for any future improvements to the proposed development which results in a change in intensification of use (including but not limited to changes in hours of operation, addition of more square footage to the subject tenant space, or a change from one type of use to another type of use) to evaluate the impacts of the revisions or future improvements on parking. Every proposed development resulting in an intensification of use places greater demand on parking and over time may have an adverse cumulative impact on parking. Taken individually, the impacts may not be significant, but cumulatively they may result in a total parking demand that cannot be satisfied by the parking provided. To evaluate the cumulative parking impacts and ensure that overall parking demand does not exceed the parking available in the parking structure, a parking study prepared by a transportation engineer licensed by the State of California shall be submitted as part of any such future application for a coastal development permit or permit amendment. This study shall have been prepared within a year of the date of the application submittal. Based on the parking standards contained in the Commission's Orange County Regional Interpretive Guidelines, and allowing for shared use, the study shall calculate the parking demand of all the various uses, including vacant tenant spaces, present in Lido Marina Village at the time of application. Therefore, only as conditioned for future evaluation of the cumulative impacts of parking demand does the Commission find the proposed development to be consistent with Section 30252(4) of the Coastal Act. 2. Lateral and Vertical Access/Recreation The proposed development is located in a commercial complex which partially fronts onto Newport Harbor. The public has vertical access to the harborfront through the complex's walkways located between its buildings, and lateral access is available on the complex's walkway which runs along the harbor in front of the buildings of the complex. Therefore, the Commission finds that the proposed development is consistent with the public access and public recreation policies of Chapter Three of the Coastal Act. 5-93-348 Page 6 D. Local Coastal Proaram Section 30604(a) of the Coastal Act provides that the Commission shall issue a Coastal Development Permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program which conforms with the Chapter Three policies of the Coastal Act. The Newport Beach Land Use Plan (LUP) was certified on May 19, 1982. The development, as proposed, is a use permitted by the Retail and Service Commercial land —use designation for the area, and is consistent with the policies of the LUP. There is an adequate supply of parking to meet the parking demand generated by the proposed development. Therefore, the Commission finds that the development, as conditioned to evaluate future cumulative impacts on parking, will not prejudice the City's ability to prepare a Local Coastal Program that is consistent with the Chapter Three Policies of the Coastal Act as required by section 30604(a) of the Coastal Act. E. California Environmental Quality Act section 13096(a) of the California Code of Regulations requires Commission approval of a Coastal Development Permit application to be supported by a finding showing the application to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. The proposed project is in an urban zone, and development already exists on the site. All services necessary to serve the development already exist. Further, because there is currently excess capacity in the parking structure which will serve the proposed development, the proposed development, as conditioned to evaluate future cumulative impacts on parking, will have no adverse impacts on public access to the coast. Therefore, the Commission finds that the project as proposed will not have significant adverse impacts on the environment, and is consistent with the requirements of the Coastal Act and the provisions of CEQA. 0655F:jta ti� iry''I��'ul,f�7►, mI m I.000 i Y 0, COASTAL COMMISSION 5 - 913 - 34,? Site, Loc000lcoo nio WENT -Wu ..... A ....... ..... PACE ....2.. Of .,...R Restau.►-aht e�cpa.nsion E�tisi�'n9 rec+�uk�rr� 5 _ 93- 3 49 1 HICEIVI 0 NOV 12 M CAURORNIA COASTAI rOMMISSION SOUTH COAST DISTRICT Lido Marina Village Parking Summary Lido Village Parking Requirement Daytime Nighttime Retail: (22,815± sq.ft. @ 1 space/250 sq.ft.) 92 0 Office: (32,758± sq.ft. @ 1 space/250 sq.ft.) 131 0 Boat Slips (23 slips @ 1 space/.75 slips) 0 Off -Site Parking Arrangements: Bank of America 50 0 Lido Shops 28—' =r 0 Port O' Call 1 0 Restaurants: Warehouse (after 6:00 p.m.) 0 175 Bacchus (after 6:00 p.m.) 0 189 Newport Deli 13 13 German Bakery 6 6 Mr. Taco 3 3 Z3 George's Chmelot -203 -2Y Lido Greek 3 3 Harley's 3 3 Le Bistro 16 16 Total Parking Required: 388 433 Parking Available: Parking Srtucture 374 400 Private Alley 10 10 Bay Lido Bldg 0 .12ef ?4 Newport Florist 0 2 Total Available 384 438 'f'3 23� -77 44 xi'p