HomeMy WebLinkAbout3450 VIA OPORTO_THE WHEREHOUSE3450 Via Oporto
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LIDO irILLAGE AREA PARKING INV .N a ORY
6" )'S , s LG 2
22
1;vxz Iona w 0
266
175
91
(1140)
�arehouseitestaurant
rie Bistro Restaurant 16
5
16
5
(1/40)
Yfe Bistro Coffee Shop t/ 5
1
5
1
(1/75)
✓George's Camelot ✓ 28
10
28
10
(1/40)
,513ayfront Cafe ✓ 6
0
6
0
(1/75)
vMama Mia Restaurant ✓ 3
6
3
6
(1/40)
12 "v �-
4-14 . .
Restaurant Uses S 8 ,66 spaces
9 spaces
7_3i 4-30 spaces
113 -1-1*spaces
r
z
Office Uses (1250)!33,000+)132
0
04
0
Retail Uses (1250) y3'°0°d'')92
f 1naf
0
0
0
LL
vFiSlims fR5 dnins 1 space/.75 slips) Ds) 64 __
0
64
0
Lido Village' (1250) 288 0
Z
0
Lido Shops (pacing Y.ia Lido) (1250) 35 0 0 0
TOTAL 389 spaces 289 spaces 494 spaces 114 spaces
Bay Lido Office Bldg. I besv0 47 0 0 0
Lido Tower (Travel Max) Iq,as°'f 79 >`Bfvro 0 0 0
Bank of America Building Ii 'it 50 0 0 0
TOTAL 176 0 0 0
TOTAL PARKING REQUIRED 565 spaces 0 494 spaces 0
PARKING AVAILABLE
(PUBLIC)
Municipal Parking Lot 27 0
On -Street Parking (Central Ave.) 17 17
On -Street Parking (Behind Lido Shops) 10 10
On -Street Parking on Via Lido 13 13
(PRIVATE)
Parking Structure 373 373
32nd Street Parking Lot, 43 43
TOTAL PARKING AVAILABLE 483 spaces 456 spaces
'Night parking is after 6 p.m.
Indicates; parked at a ratio of 1 spaces for each 40 sq. It. of -net public area -
Required number of parking spaces for each respective business per applicable use permit files
4 Night parking assumes no retail or office parking demand
Building square footage provided per applicable City use permit riles and Lido Marina Village Management Company rent roll.
Buildings which no longer have use of the Lido Marina Parking Structure. but still draw upon the available parking spaces in the village area.
' Number of spaces in garage is based on a field count of spaces by Code Enforcement (previously noted as 395). This number includes striped tandem spaces.
r 32nd Street Parking Lot has no legally binding off -site parking agreements attached to it (per the management company). Lido Marina Village owns and controls the
western most portion of the parking lot only (43 parking spaces).
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A
TO: Patty Temple
FROM: Genia Garcia
SUBJECT: Via Lido Plaza and Lido Village
For several months, the manager of the Wherehouse Restaurant has been calling me to try
to solicit city involvement with the parking problems related to the management of the
parking structure located in Lido Village. The attached letter represents some the
problems that seem to be occurring. I have told them that we cannot get involved in civil
matters, but they seem to feel that the property owner of the structure is in violation of
their parking agreement with the city. Bob Burnham said he gave you the packet on the
Fritz Duda study and that this all appears to be tied together. I am passing this on to you
for your information.
/APE-140WE
r e s t a u r a n t
March 28, 1996
Genia Garcia
City Of Newport Beach
3300 Newport Blvd.
Newport Beach, CA. 92659-1768
Dear Genia;
First of all, Percy and I would like to thank you for taking the time to see us on Monday. We
appreciate your suggestions for us to conduct a survey of the allotted parking spaces available
after 6:00p.m. in Lido Marina Village Parking Structure.
Attached, is a summary that I personally conducted in the parking structure. As it clearly shows,
there are only 360 total spots available, without accounting for the spots designated for valet
parking! If you account for the 175 spots designated for us and the 189 spots designated for
Thunderbird after 6:00 p.m., the total is already 364 not accounting for the additional 69 spots
designated for the other restaurants and shops.
Therefore; when California Parking blocks off the 96 spots that they designate for valet parking,
this reduces the area for guest parking to 264 spots after 6:00 p.m.. Obviously at this -stage, they
can't accommodate our required 175 spaces.
If you have any questions, please feel free to call at your convenience!
Thank you;
Jay Frerking
General Manager
3 4 5 0 v I a O p o r t o n e w p o r t b e a c h • c a I I f o r n I a • 9 2 6 6 3
( 7 1 4 ) 6 7 3- 4 7 0 0 f a x ( 7 1 4 ) 6 7 3- 5 1 2 0
restaurant
LOCATION
HANDICAPP SPACES:
PARKING SPOTS
3
BOTTOM LEVEL:
26 22 (R) & 4 (L) (All are designated for valet parking)
ELEVATOR LEVEL:
13 (1 Spot has a broken machine & 2 spots are -diagonal stripes)
FIRST LEVEL:
47
SECOND LEVEL:
100
THIRD LEVEL:
101
FOURTH LEVEL:
63 (All are designated for valet parking)
VALET AREA ON 4th:
7
TOTAL SPOTS:
360 ( Includes 3 handicapp spots & the 7 valet spots)
(-) SPOTS FOR VALET
ON SPECIAL EVENTS,
HOLIDAYS, & WEEKENDS:
(96) (Includes 26 spots on bottom, 63 on 4th level & 7 designated spots)
SPOTS AVAILABLE (=):
264 (Total spots are available for non -valet parking after
6:00p.m. during special events, holidays & weekends)
3 4 5 0 v I a o p o r t o a n e w p o r t b e a c h 0 c a I I f o r n I a 9 2 6 6 3
( 7 1 4 ) 6 7 3- 4 7 0 0 0 f a x ( 7 1 4 ) 6 7 3- 5 1 2 0
Lido Marina Village Parking Summary
Lido Village Parking Requirement
Retail: (22,815t sq.ft. @ 1 space/250 sq.ft.)
Office: (32,758± sq.ft. @ 1 space/250 sq.ft.)
Boat Slips (23 slips @ 1 space/.75 slips)
Off -Site Parking Arrangements:
Bank of America
Lido Shops
Port O' Call
Restaurants:
Warehouse (after 6:00 p.m.)
Baeehus (after 6:00 p.m.)
Newport Deli
German Bakery
Mr. Taco
George''S Camelot
Lido Greek
Harley's
Le Bistro
Total Parking Required:
Parking Available:
Parking Srtucture
Private Alley
Bay Lido Bldg
Newport Florist
Total Available
Daytime Nighttime
92 0
131 0
18 0
50
0
24
0
1
0
0
175
0
189
13
13
6
=6
3
3
25
25
3
3
3
3
16
16
385 433
374
400
10'
10
0
24
0
2
384 438
-1 +3
MONTGOMERY LAW OFFICE TEL:1-818-452-8323 Mar 08 96
v
NCH4= H. 6ERGtk
.�_ A LAW CORPORATION
16311 VCNTURA BOULEVARD. SURD 1040
EMCM0, CALWOHIA 91436-2183
February 22, 1996
VIA FAC621LI1,8 AND VIRST CLASS MAIL
Michael B. Montgomery, Req.
10501 Valley Boulevard
Suite 121
21 Monte, CA 91731
Michael K. Friedland, Esq.
Irell & Manella
840 Newport Center Drive
Suite 500
Newport Beach, CA 92660
15:14 No.011 P.02
q
t IAMPNONES•
1[U8) DO6.1416
P•IB) 079•R4"
.1 CLCCOPICRI
I IND1 DO6 Tzd1t
Ras Warehouse Smployee Parking/Lido Marina Village
Gentlemen: .
This letter is,written.to confirm my recent telephone c:onver-
sations with each of you for the purpose,of obtaining a temporary
solution to the Warehouse employee parking issue eYith renpect to
the parking structure at Lido Maxiva village, Newport. Reach,
California.
The problem arises out of the following circumstancou:
Employees of the Warehouse have been parking at the Lido
Marina village parking structure for a number of years. • Their
parking tickets have been validated by the Warehouse which, in
affect, permits "free parking" to these employees. 11, is the
position of Lido Marina village, the owner of the parking struc-
ture, and California Valet Parking, the lessee and operator, of the
parking structure, that the lease between the Warehouse and Lido
Marina Village does not permit employees to park free. 3t•_ is the
position of the Warehouse that it is permitted to validate its
employees' parking at the parking structure.
The parties acknowledge that this dispute shall be rosolved
and adjudicated in the pending legal action entitled "Abbey's
California Parking Services vs. Lido Marina Village, P.H. Marketing
International, Inc., etc., et'al.", Case'N'o. 757 496 pending in the
Superior Court of the State of California for the County of orange'.
in order to maintain the status quo pending an adjudication of
this issue in the above described legal action, the foYlow:ing has
been agreed upon as a temporary solution:
MONTGOMERY LOW OFFICE
TEL:i-818-452-8323 Mar 08 96 15:15 No.011 P.03
Michael B. Montgomery, Esq.
Michael K. Friedland, Esq.
February 22, 1996
Page Two
3. Employees of the Warehouse may continue to park at Lhe Lido
Marina Village parking structure and their parking tickot:s may be
validated by the Warehouse.
2. Allowing the employees to park and have their tickets
validated shall be without prejudice to the' rights of Lido Marina
Village or California Valet Parking to aesert and oatab]iah that..
this practice by the Warehouse is not allovied'by the Jear.+e or afiy
other donduot or agreement between the parties.
3. Each of the parties to this letter agreement expressly
remerve all of their legal rights concerning their respective posi-
tions, claims and contentions regarding the issue of whether or not
Warehouse employees may park in the Lido Marina Village: parking
structure and have their parking tickets validated by the Warehouse.
I believe that the foregoing accurately sets forth the under-
standing and discussion that I had with each of you on this sub-
jedt. If either or both of you believe that the language of this
letter needs to be modified or amplified in any way let me know at
once. It is my understanding that the parties want thin issue
resolved as soon as possible so that everyone will know what their
rights will be pending the arbitration hearing.
if this letter is acceptable then I Would like each of you to
sign several counterparts of this letter evidencing that you have
accepted the foregoing terms on behalf of your respective a3 ients.
when executed this letter. shall• then constitute a "letter
agreement" on the sole issue of Warehouse employee parking pending
the arbitration hearing.
V (truly yours,
k11- !
RiCHAR1 SERa��
APPROVED AND AGREED TO ON BEHALF OF P.H,
INTERNATIONAL, INC., DBA THE WAREHOUSE.
sO
By. Michael K. Friedland
i
MONTGOMERY LAW OFFICE TEL:1-818-452-8323
Mar 08 96 15114 No.011 P.01
LAW OFFICE•9
MICHAEL B. MONTGOMERY
A tAW CORPORATION
OF COUNCIL
ALAN R.M ANe
JUNKIMERTHARPER'
108D1 VALLEY BOULEVARD, SUITE 121
8 L MONTE, CALIFORNIA 81731
453 at S ELL ouNTY raEEr
TELEPHONE (818) 452.1222
CRANGF OA MO
FACSIMILE (618) 462.9323
pl�y7n.mg
r— PAX COVER SHEET
• Prolo59iDn91 CDipDfagore
ALSO ADMITTED TO FLORIDA -
AND HAWAII STATE BARS
WENDY D. DAWER
DATE: March B, 1996
TO: Ro1eYt H. Burnham, Esq.
•coy •Attiornak it
port c+rport Beach
: 'cit ': of New
RE: Lido.Maiinb village Parking
FAX No.: :(714) 644-3139
I
PHONE NO.: (714) 644-3131
RRON: •!•MICHAEL D. MONTGOMERY
TOTAL NUMBER OF PAGES INCLUDINO THIS COVF,R SHEET: _3_
PAGES
,IF NOT ARCEIVED PROPERLY, PLEASE CALL (818) 452-1222
AND ASK FOR THE PAX
OPERATOR: Paula Pope
COMM13NT92
H
The information contained in this facsimile meeaage is legally privileged
and confidential Information,•intended only for the ups of the individual
or entity named above, if the receivor of this meeeage is not the in-
tended recipient, you are hereby notified that any dissemination, distri-
bution or copying of this telecopier transmission in strictly prohibited.
If you have received this telecopy in error, please immediately notify us
by telephone and return the original message to us at the abovo address
via the U. S. Postal Service. Thank you.
agWPO,�.T CITY OF NEWPORT BEACH He ring Date: May 7, 1998
O� PUNNING\BUILDING DEPARTMENT
' �� Agenda tern No.: 2
5 33 oNEWPORTBOULEVARD Sta Person: Marc Myers
�< oa��� NEWPORT BEACH, CA 9265a (714) 644-3210
(nq)6gq-32oo; FAX (7µl 6qq-325o Appeal Pe iod: 14 days
REPORT TO THE PLANNING COM SION
PROJECT: J.P.'sofNewport Beach (Erik Rameson,app'eant)
3450 Via Oporto
PURPOSE OF
APPLICATION: Request to allow the re-establishment of the existing Warehouse Restaurant
which included on -sale alcoholic beverages, dancing and live entertainment
as J.P.'s of Newport Beach, a new full service restaurant and entertainment
facility. The application includes alcoholic beverage service, outdoor patio
dining, both indoor and outdoor live musical entertainment and indoor
dancing. The application also includes a request to permit a variety of
interactive and skill games, the use of valet parking service and to waive a
portion of the required parking.
ACTION: Approve, modify or deny:
• UsePermftNo.3626
LEGAL
DESCRIPTION: Parcel 1 of Parcel Map 63-11(ResubdivisionNo. 477)
ZONE: RSC (Retail Service Commercial)
OWNER: Lido Marina Village, Newport Beach
Points and Authority
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the site for 'Retail Service Commercial" uses. A restaurant is a permitted use
within this designation. The Land Use Element allocates a maximum square footage based
on 0.3 FAR for restaurant uses.
Environmental Compliance (California Environmental Quality Act)
It has been determined that the project is categorically exempt under Class 1 (Existing
Facilities).
• Use Permit and restaurant development standards, procedures and requirements are set forth
in Chapters 20.91 and 20.82 of the Municipal Code.
F
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Use Permit No. 36261
Characteristics of the Proposed Operation
Current Development:
is the existing Warehouse restaurant
To the north:
is the Elk's Club
To the east:
is Newport Bay
To the south:
is a small restaurant and retail shops
To the west:
across Via Oporto is the previous Thunderbird Restaurant and the Lido Marina Village
Parking Structure
Use Permit No 3626
Page 2
r
Characteristics of the Proposed Operation
" Existing
Proposed
RestaurantOperation
Restaurant Operation
Gross Bldg Area (sq.ft.):
TOTAL:
17,119 sq.ft. , .
17,119 sq.ft.
Net Public Area (°/u of spacey:
Interior:
8,382sq.ft.
7,571 sq.ft.
(44%ofGBA)
OutdoorPatioDining:
2,237sq.ft.
2,237 sq.ft.
(13%ofGBA)
SUBTOTAL
10,619sq.ft
9,808sq.ft.
Otherarea:
Restroom, kitchen,
storage and service areas:
6,500sq.ft.
5,359sq.ft.
(31%ofGBA)
Floor area occupied by games:
n/a
1,952sq.ft.
TOTAL AREA (net public area
including area of games):
10,619sq.ft.
11,760sq.ft.
(area used to
determine
parking)
Parking Provided:
200 spaces; 11:00 a.m. to 6:00 p.m.,
daily, 175 spaces after 6 p.m.
Monday through Friday; and all day
Saturday, Sunday and holidays
20,0 spaces; 11:00 a.m. to 6:00 p.m.,
daily, 175 spaces after 6 p.m. Monday
through Friday; and all day Saturday,
Sunday and holidays
Required Parking for restaurants'
213 to 354 spaces
236 to 392 spaces
(1130 to 1150 sq.ft. of"net public
area")
Allocated to Subject Restaurant:
175-200 spaces
175-200 spaces
Allocated to other uses on-site:(Lido
Village)
TOTAL:
220 spaces
220 spaces
395 spaces
395 spaces
Staff Recommendation:
175.spaces
10,619 sq. ft. net public area
(no area dedicated to games)
(waiver of 90 spaces if parked at
1/40 sq. ft. n.p.a.)
175 spaces
11,760 sq.ft net public area.
(includingarea of games)
WAIVER'OF-119PARKING
SPACES (if parked at 1/40 sq. ft.
n.p.a.)
Live Entertainment:(indoor/outdoor)
YES
YES
Dancing: (indooronly)
YES
YES
Valet Parking Service:
YES
YES
Number of Employees:
(15-40 daytime, 20-60 evening shift)
Hours of operation:
11:00 a.m. to 2:00 a.m. Monday
through Saturday,10:00 a.m. to
2:00 a.m. Sunday
10:00 a.m. to 2:00 a.m., daily
Area
' Basei
Analysis
The restaurant facility is located in Lido Marina Village and currently contains approximately
17,119f gross sq. ft. The project involves remodeling and reconfiguring the interior floor area of
the existing facility to accommodate entertainment in the form of interactive video games, pool
tables, live musicians and dancing in addition to the food service. The first floor of the restaurant
facility will consist of a dining area, bar, restrooms, offices, storage area, kitchen and related
restaurant service areas, and billiards tables and interactive video games. The second floor will
consist of more interactive video games, dining areas, a bar, dance floor, bandstand and restrooms.
As proposed; the remodel will encompass the entire interiorportion of the building and some minor
exterior facade changes. The alterations will result in an increase in the "net public area" of the
restaurant. However, if the areas occupied by games are excluded from the calculation, then there
is a decrease in the net public area of the restaurant devoted to dining. Staff discusses the impacts
of these alternatives later in the report. Approximately 7,571 sq. ft. of the floor area will be utilized
for indoor dining and 2,237 sq. ft. will be used for outdoor dining. The parking for the subject use
is located across Via Oporto in the Lido Marina Village parking structure. In review of this
application, staff has analyzed issues related to:
• net public area determination;
• off-street parking;
• waiver of off-street parking;
• valet parking;-
• hours of operation;
• outdoor dining area;
• noise;
• live entertainment; and
• neighborhood compatibility
Net Public Area Determination
Section 20.72.060 (E) of the Municipal Code defines net public area as "the total area of a
restaurant, bar or theater/nightclub excluding kitchen, restrooms, offices pertaining to the use only
and storage areas." Section 20.72.060(A)lc of the Municipal Code further provides that the
physical design characteristics of the use may include other areas which should be logically
excluded from the determination of net public area.
The facility will include various amusement devices including pool tables, arcade games and
interactive video games. The applicant has identified these as a permanent characteristic of the
restaurant use/entertainment facility. Although some games require the player/participantto get in
or on the game apparatus, the actual game structure does occupy floor area which would not be
occupied concurrently by a restaurant patron. Therefore, the applicant wishes to discount this area
from the net public area calculations to determine the parking requirement or to receive a waiver of
a portion of the parking requirement.
Use Permit No 3626
Page 4
The areas occupied by the games are not specifically excluded by the Municipal -Code provisions,
and findings can be made that would include these areas in the determination of net public area
pursuant to Section 20.66. Since games will be located throughout the entire facility and may be
used by restaurant patrons, persons waiting to be seated and others, game areas have typically been
included in the net public area calculation. Should this business cease to exist, or if the proposed
game locations are no longer utilized for interactive video arcade devices, the area would most
likely be converted to additional dining area which would trigger an increase in the parking
requirement. By including the areas that are occupied by games in the net public area, any future
change would be accommodated by the parking approved with this use permit and would not
require an amendment to the use permit (unless it became additional bar or lounge area). If the area
of the games is excluded, more of the parking requirement could be met, but some difficulty may
exist for Code Enforcement's monitoring the use of the facility. Therefore, staff is of the opinion
that the arcade area cannot be logically excluded from the determination of net public area and
should be included in determining the parking requirement.
Off -Street Parking
The Lido Marina Village parking structure contains 395 parking spaces. An off -site parking
agreement has been recorded which provides for the permanent use of the parking structure. The
existing restaurant is required to provide 175 parking spaces in the Lido Marina Village parking
structure after 6:00 p.m. daily and on weekends and holidays, as established in conjunction with the
approval of Use Permit No. 1711. This parking requirement is based on the old restaurant standard
of 1 space for each 3 occupants. In addition, the existing restaurant provides 200 parking spaces
between 11:00 a.m. and 6:00 p.m. Monday through Friday and validates parking for persons who
choose to self -park. The applicant has recently obtained written authorization from the owners of
the parking structure allowing the facility to utilize the parking structure during the peak lunch
hours as well as evening hours for valet parking purposes. These parking rights are non-exclusive
and shared with other Lido Marina Village -tenants.
Off-street parking requirements for eating and drinking establishments are governed by the
provisions of Section 20.66.070 of the Municipal Code. That section requires the Planning
Commission to establish the off-street parking requirement for these establishments within a range
of one space for each 30 to 50 square feet of net public area based on various,considerations such.as
physical design characteristics, operational characteristics and the location of the facility. Based on
the "net public area" of the existing restaurant, the parking requirement could vary from 213 spaces
to 354 spaces. Therefore, the existing restaurant as currently approved is nonconforming with
regard to the current off-street parking standards.
Staff is of the opinion that this type of restaurant will generate the need for one parking space for
each 40 sq. ft. of "net public area." This is the parking ratio most commonly used by the Planning
Commission, and staff does not find any unusual design or operating characteristics that would
increase the parking demand in this case. A ratio of one space per 43 sq. ft. was used for the
Speedway Restaurant, which also includes video games. Since the addition of the proposed
interactive video games to this restaurant will actually result in a decrease in the area used for
dining, the proposed use is not anticipated to have a higher parking demand than the previous
Use Permit No 3626
Pages
establishment.at •this.location. Additionally, walk-in patrons -are -expected, from, the neighboring
area including a number of multiple user patrons that utilize the parking structurvwhen shopping
the commercial usesdri Lido Marina Village:. .
If the area occupied by games is excludedfrom the calculations, based on a parking ratio of 1/40 sq.
ft. of net public area, 245 spaces will be required. However, -if the game area is included in the net
public area calculation as staff suggests, the parking requirementwill be 294 spaces.
Since this pool of available parking is located in close proximity to the subject restaurant, staff
suggests that the area occupied by games be included in the net public area calculations and that a
waiver of 119 spaces be considered.
Waiver of Off-StreetParking Requirements
Since 175 parking spaces in the parking structure are allocated to the restaurant in the evening, the
applicant is requesting a waiver of 70 to 119 parking spaces, depending on whether the games are
included in the net public area calculation.
Chapter 20.66.10 states that a use permit may be approved by the Planning Commission to modify
or waive the number of off-street parking spaces required by the terms of this chapter if one or more
of the following conditions are met:
A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites.
2. The site is subject to two or more uses and the maximum parking requirementsfor such
uses do not occur simultaneously.
3. A parking management plan for the site has been approved by the Planning
Commissionpursuant to Section 20.66.100 (B).
4. The Planning Commission makes thefollowingfrndings:
a) The parking demand will be less than the requirement in Section 20.66.030.
b) The probable long-term occupancy of the building or structure, based on its
design, will not generate additional parking demand.
Staff is of the opinion that finding number 2 can be made in this case. The restaurant is located
within the Lido Marina Village commercial area, which is served by a parking structure with 395
spaces. The commercial village contains a mix of retail, office and food uses in addition to the
proposed facility. The maximum parking requirements for those uses within the commercial village
do not occur simultaneously since the uses which occupy the commercial village are a mixture of
retail, office and food service uses. Patrons and employees of these uses arrive and depart the site
at various hours of the day, providing for efficient utilization of the parking available for the
project.
Use Permit No 3626
Page 6
Although the parking structure does not provide a surplus number of parking spaces considering all
the uses it serves, staff has observed a large number of vacant spaces due to the fact that the peak
parking demand for many of the commercial businesses in Lido Marina Village does not occur
simultaneously. Based on staffs observations, the parking structure appears under-utilized during
the peak lunch time and evening periods. Consistent daytime use has been observed on the first
and second floors of the parking structure only. A majority of the office and retail uses are closed
in the evening, resulting in a surplus of available parking after 6:00 p.m. On Friday and Saturday
nights between the hours of 8:00 and 9:00 p.m., there have been less than fifty cars in the entire
parking structure. There is also a Municipal Parking lot on the corner of Central Avenue and Via
Oporto and additional on -street parking along Central Avenue. Staff feels that there will be an
adequate amount of spaces available during the restaurant's hours of peak demand since the
proposed use is a restaurant while many of the commercial village uses are retail.
Additionally, finding 4(b) can be made because long-term occupancy of the commercial
development, based upon it design, will not generate additional parking demand since the village
consists more of conventional retail/office type structures designed for those uses. Only occupancy
dominated by eating and drinking establishments would alter this circumstance, and the City has
the ability to control the restauranttype uses approved for the Lido Marina Village area.
Valet Parkine
The applicant has indicated a desire to provide valet parking service on a limited basis in
conjunction with the restaurant. The intent is to provide the parking structure for self -parking on a
regular basis, with the use of valet parking during peak periods so that the restaurant facility may
obtain maximum parking potential in the parking structure. The valet/passenger drop-off area will
be locatbd along Via Lido in front of the restaurant. No significant conflicts are anticipated, due to
,the convenient location of the parking structure. The ingress/egress to said parking structure is
provided from Via Lido Drive and Central Avenue which run parallel and perpendicular to Via
Oporto. The final valet parking operational plan shall be subject to the approval of the Traffic
Engineer. Staff has no objection to the voluntary use of a valet parking service and has included a
condition for approval requiring that the applicant submit a valet parking plan for review and
approval of the City Traffic Engineer prior to implementation. Itshould_be_noted.thata_condition
of approval has been included to require that the valet parking service be complimentary.
Hours of Operation
The previous business operated for lunch and dinner service with hours of operation from 11:00
a.m. to 2:00 a.m., Monday through Saturday and from 10:00 a.m. to 2:00 a.m. on Sundays. The
applicant has requested a slight expansion of the hours to 10:00 a.m. to 2:00 a.m., daily. Staff has
no objection to these hours of operation since the request is to open 1 hour earlier in the morning,
and there are no residential uses in the area that would be impacted by this change. Since the
applicant has indicated that the facility will operate as a full service restaurant, staff recommends
that the full dinner menu be available until closing. Should the food service be closed at any time
Use Permit No 3626
Page 7
f
during the day, the facility would stop operating as a restaurant and become a bar under current
Code definitions (a place of business where the principal purpose is the sale and service of
alcoholic beverages, Section 20.87.033 of the NBMC). Since this approval is for a full service
restaurant, any change to allow the operation as a bar would require an amendment to this use
permit.
OutdoorDininQ
The application includes a request to allow the continued use of outdoor patio dining on the
southeast side of the restaurant facility. The area of the patio is 2,237 square feet and is included in
the net public area of the restaurant. The size and location of the outdoor dining area seems suitable
with the building since the primary outdoor dining area is located on the east side of the facility
between the subject and adjacent buildings, with only a few tables located on the north side of the
building adjacent to the bay. Since the primary location of the outdoor dining area does not orient
toward the uses across Newport Bay, staff is not opposed to closing hours consistent with the
indoor portion of.the facility and the previously approved use permit. Additionally, noise related
activities (live entertainment and outdoor speakers) are addressed by the conditions of approval so
that the 2:OO.a.m. daily closing hour should not impact area business owners or residents. Finally,
staff has no record of complaints from the use of this area for outdoor dining by the previous
restaurant.
Noise
The proposal includes a sound system with speakers located throughout the building and the
outdoor patio for background music. Staff is concerned that the amplification equipment (public
address systems) and audio equipment together with the arcade games could generate noise which
may impact the surrounding area. Noise associated with the facility's dining areas and speaker
system could disturb adjacent businesses and commercial and residential uses located across
Newport Bay. The speakers will be spaced at 15 ft. intervals throughout the outdoor patio area.
The proposed speaker is a low watt speaker designed for outdoor commercial application. The
frequent spacing and increased number of speakers will actually decrease the overall noise level
since the sound frequency has less distance to travel between speaker locations.resultingin_a lower
volume level. The fact that the primary dining on the outdoor patio is located on the east side of
the building, and not directly facing commercial or residential uses across the bay, should also
prevent noise problems related to the background music. In order to minimize noise problems
associated with such use, staff has recommended conditions of approval as follows:
• Require the doors and windows of the building be closed at all times to
prevent noise emanating from the interactive games and general restaurant
operation.
• Restrict the use of outside speakers to the patio dining areas of the
restaurant only, and not allowed within any other area outside of the
building.
Use Permit No 3626
Page 8
• Require the sound system to be restricted to pre-recorded music only and
not in conjunction with the sound system of the live entertainment or the
paging of patrons.
• Require that the sound system be designed and utilized to comply with the
provisions of the Community Noise Ordinance.
• Require the use of the outdoor live entertainment to cease at 10:00 p.m.,
daily.
This should confine any .noise generated by the facility to the site only: Staff has also included
conditions of approval which require that a noise study be performed, at the Planning Director's
discretion, should noise complaints arise in the future
Live Entertainment
The applicant has requested approval of indoor and outdoor live entertainment as previously
approved. The indoor live musical entertainmentwill take place on the second floor near the dance
floor. The number of musicians will vary, but is expected to be between 1- 4 persons. The types of
instruments will vary depending on the individual musicians. The indoor live entertainmentwill be
amplified, but the windows and doors of the structure shall remain closed at all times. The outdoor
entertainers are anticipated to be small combos with a maximum of three persons with no sound
amplification. Noise associated with the entertainment could disturb commercial and residential
uses located adjacent to the site. In order to address these concerns, staff has included conditions of
approval which require the following:
• The windows and doors shall remain closed during the performance of the
live entertainment.
• Live entertainment on the interior of the building shall be limited to the
hours of 9:00 p.m. to 1:30 a.m. only.
• Amplification of the interior live entertainment shall be permitted so long as
it is -confined to the interior of the restaurant with the doors and windows of
the building closed during performances.
• The outdoor patio live entertainment shall be limited to the hours of 10:00
a.m_to LO:OO.p.m. daily, and the entertainment shall be limited to non -
amplified acoustical instruments only, with one or two performers
maximum. No sound amplification, brass or percussion instruments shall
be permitted of any time.
• The indoor and outdoor live entertainment shall be conducted in such a
way as to comply with the provisions of the Community Noise Ordinance
requirements.
Staff believes that based on the orientation of the building relative to Lido Marina Village, the
location of the live entertainment on the northeast side of the interior of the building, the
restrictions on the instrumentation and limited hours of the outdoor live entertainment, noise
concerns have been adequately addressed by the conditions of approval as recommended.
Use Permit No 3626
Page 9
Neighborhood Compatibility
The subject site has historically housed facilities which have been in the business of serving food
and alcoholic beverages to the public. The Police Department points to the fact that the use which
currently occupies the site, on occasion has been a disturbance to the surrounding commercial and
residential neighborhoods. The Police Departmenthas indicated that in 1994 and 1995 a number of
incidents occurred related directly to this and the previous neighboring establishments (Thunderbird
and Bacchus). These problems were associated with the use of the subject facility as a
bar/nightclub: I I
.
Some of these problems already had been mitigated by the closing of the previous neighboring
establishment. The proposed establishment will have more family appeal as a result of the games.
In addition, conditions of approval require it to be a full service restaurant and not a bar or
nightclub. Conditions in the exhibit for approval include a limitation on the hours of operation and
the prohibition of outside promoters, unless an amendment to this use permit is first approved.
Although there is an over -concentration of liquor licenses in Census Tract 635.00 and criminal
activity in Police Reporting District 15 which is 65 % above the citywide average, this proposal is
for the re-establishment of an existing restaurant and does not represent an increase in the number
of liquor licenses in the area. In working with the applicant, staff of both the Police and Planning
Departments have emphasized the need for the management to exercise adequate control of its
patrons and employees to prevent the previous problems of noise and excess alcohol consumption.
If the restaurant is operated in this manner, the project should not have a detrimental effect on the
neighborhood nor result in a significant demand for police services. It should be noted that the City
has received cooperation from the business owner regarding problematic issues; however, if the
operator's control should not adequately prevent problems from occurring, Condition of Approval
No. 26 provides for the Planning Commission to add or modify conditions of approval, or
recommend that the City Council revoke the use permit.
Recommendations
Section 20.91.035 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.
In this particular case, based upon the analysis contained in this report, staff is of the opinion that
the findings for approval of the use permit can be made for the proposed full -service restaurant
facility and parking waiver since the parking requirement for the site can be adequately served by
the pool of parking available in the structure. Because of the building's location in a commercial
shopping area, with no nearby residential uses, there is little potential for problems associated with
hours of operation and noise generated by the proposed restaurant operation. The orientation of the
Use Permit No 3626
Page 10
proposed restaurantwith;he outdoor dining patio area turned away from Newport Bay also protects
against impacts on neighbors. Finally, the recommended conditions of approval, which include
restrictions on the live entertainment, outdoor paging and speaker.systems, should control impacts
on neighboringproperties in the vicinity.
Should the Planning Commission wish to approve Use Permit No. 3626, the findings and
conditions of approval set forth in the attached Exhibit "A" are suggested. However should the
Commission desire to deny this request, the findings set forth in the attached Exhibit "B" are
suggested.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
MARC W. MYERS
Associate Planner
Attachments: Exhibit "A"
Exhibit "B"
Letter from the tenants of Lido Marina Village
Map of Lido Village
Plot Plan, Floor Plan and Elevations
FAUSERS\PLN\SHAREO\I PLANCOM\1998\04-23\up3626z.doc
Use Permit No 3626
Page 11
a It ' �-, , 0. v',i : , i
EXHIBIT "'X
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use Permit No. 3626 •
Use Permit No. 3626
Findings:
1. The proposed development is consistent with the General Plan and is compatible with
surrounding land uses.
2. 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 and a restaurant is a permitted
use within this designation.
3. This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class I (Existing
Facilities).
4. The request of Use Permit No. 3620 to waive a portion of the required parking may be
approved for the following reasons:
• The proposed restaurantlentertainment facility is located in a multi -tenant
commercial village which is comprised of uses whose parking demand does not
occur simultaneously.
• The long term use of the commercial village will not generate a parking demand
which could not be accommodated by the parking structure unless a higher
concentration of food uses were to occupy more of the buildings in Lido Village
which would -generate additional parking demand.
• Adequate off-street parking spaces exist in the parking structure for the benefit of
the proposed restaurant -facility and the other uses in the Lido Marina Commercial
Village to accommodate -the -proposed -change in the -restaurant facility.
• A municipal parking lot is located in useful proximity of the proposed use.
5. The approval of Use Permit No. 3626 to allow the establishment of the restaurant facility
will not, under the circumstances of the case be detrimental to the health, safety, peace,
morals, comfort and general welfare of persons residing or working in the neighborhood or
be detrimental or injurious to property or improvements in the neighborhood or the general
welfare of the City for the following reasons:
• The restaurant use is compatible with the surrounding commercial uses since
restaurant uses are typically allowed in commercial districts and conditions of
approval have been incorporated which will minimize noise impacts.
Use Permit No 3626
Page 12
• The restrictions on the use of.outdoor live entertainment and patio speakers should
limit potential .noise impacts on the neighboring commercial businesses and
residential uses.
Conditions:
That development shall be in substantial conformance with the approved site plan, floor
plan and elevations, except as•noted below.
2. That 200 parking spaces shall be provided for the daytime operation and 175 spaces shall be
provided for the evening operation in the Lido Village parking structure and that a waiver of
119 parking spaces shall be granted.
3. The valet parking service and the use of the parking structure shall be provided at no charge
to the patrons of the restaurant.
4. That grease interceptors shall be installed on all fixtures in the restaurant where grease may
be introduced into the drainage systems, unless otherwise approved by the Building
Department and the Public Works Department.
5. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of
the Building Department.
6. That the proposed restaurant facility and related parking structure shall conform to the
requirements of the Uniform Building Code.
7. That the project shall comply with State Disabled Access requirements.
8. That speakers located in the outdoor dining area of the restaurant shall comply with the
provisions -of Chapter 10.26 of the Newport Beach Municipal Code. Should any music
emanating from the patio speakers or indoor live entertainment be heard across Via Oporto
or the surrounding property lines, the patio speaker volume shall be reduced as determined
by the Planning -Director, to eliminate any noise -impacts. Further, that the speakers shall
not be utilized in conjunction with the sound system of the live entertainment or paging of
patrons. The outdoor speakers will be utilized for ambient background noise and shall be
limited to pre-recorded music only.
9. That the applicant shall retain a qualified engineer specializing in noise/acoustics to monitor
the sound generated by the live entertainmentto insure compliance with these conditions, if
required by the Planning Director.
10. That a valet operations plan shall be reviewed and approved by the City Traffic Engineer.
11. That valet vehicles will not be allowed to block the roadway. The valet parking lanes
operation shall be monitored at all times by the applicant's representatives at the site. If
Use Permit No 3626
Page 13
back -ups -occur, the incoming customers shall be directed -to bypass the facility. If a traffic
congestion problem occurs on Via Oporto related to. the restaurant facility that is not
immediately corrected, the Planning Commission may recommend to the City Council
revocation of this Use Permit
12. That all improvements be constructed as required by Ordinance and the Public Works
Department.
13. That no outdoor television monitors shall be permitted in conjunction with the restaurant
use.
14. That outside promoters of any kind shall be prohibited unless an amendment to this use
permit is first approved.
15. That security shall be provided, and that the applicant shall submit a security plan for the
restaurant to be approved by the Police Department prior to building occupancy.
16. That all employees shall park in the parking structure. °''.h. 3 a t' ,-'
17. That the hours of operation shall be limited to 10:00 a.m. to 2:00 a.m. daily.
18. That all trash shall be stored within the building or within dumpsters stored in a trash
enclosure, or otherwise screened from view of neighboring properties except when placed
for pickup by refuse collection agencies. The trash dumpsters shall be fully enclosed and
roofed and the top shall remain closed at all times, except when being loaded or while being
collected by the refuse collection agency.
19. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors
which may include the provision of fully self contained dumpsters or may include periodic
steam cleaning of the dumpsters, if deemed necessary by the Planning Department.
20. That the project shall be designed to eliminate light and glare spillage on adjacent uses.
21. That a covered washout area for refuse containers and -kitchen equipment shall 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 Director and the Public Works
Director in conjunction with the approval of an alternative drainage plan.
22. That all mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code,
Community Noise Control.
23. That dancing and live entertainment shall be permitted only in accordance with a Cafe
Dance Permit and Entertainment Permit issued by the Revenue Manager in accordance with
Title 5 of the Newport Beach Municipal Code.
Use Permit No 3626
Page 14
24. That the indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m.
only and that noise from the proposed live,entertainment shall be confined to the interior of
the building, and further that the doors and windows of the facility shall remain closed
whenever liVe entertainmentis performed within the restaurant facility. .' '
25. That outdoor live entertainment shall be limited to -the hours of 10:00 a.m. to 10:00 p.m.
daily, and the entertainment shall be limited to non -amplified acoustical instruments only
with two performers maximum. No sound amplification, brass or percussion instruments
shall bepermitted at any time.
26. That should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the current
business owner, property owner or the leasing company.
27. 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.
28. 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 3626
Page 15
EXHIBIT "B"
FINDINGS•FOR DENIAL
Use Permit No. 3626
Findings:
1. The approval of Use Permit No. 3626 will, under the circumstances of the case be
detrimental to the health, safety, -peace, morals, comfort and general welfare of persons
residing or working itr the neighborhood or be detrimental, of injurious to property or
improvements in the neighborhood or the general welfare of the City for the following
reasons:
• The application provides for the service and on -site consumption of alcoholic beverages
in an overconcentrated area.
• Adequate parking is not available on site for the proposed use and the resulting parking
demand cannot be accommodated by the available parking structure and will be
detrimental to the surrounding properties:
• Noise impacts of the use, including the dining, games and live entertainment will
adversely affect the neighboring commercial and residential uses.
• Findings for a waiver of 119 required parking spaces cannot be made.
Use Permit No 3626
Page 16
�gWCpRr CITY OF NEWPORT BEACH Hearing Date: May 21, 1998
p4 a COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: , . 3
PIANN.' ' DEPARTh1E-'- - '. I ` 'r' �
Staff Person: Marc Myers
35 o NEWPORT BOULEVARD r' - 644-3210
NEWPORT BEACH, CA 92658� Addendum
(714) 644-3200; FAX (74) 644-3250 `' Appeal Period: 14 days
REPORT TO THE PLANNING COMMISSION
PROJECT: J.P.'s of Newport Beach (Erik Rameson, applicant)
3450 Via Oporto
PURPOSE OF
APPLICATION: Request to allow the re-establishment of the existing Warehouse
Restaurant as J.P.'s of Newport Beach, a new full service restaurant and
entertainment facility. The application includes alcoholic beverage
service, outdoor patio dining, both indoor and outdoor live musical
entertainment and indoor dancing. The application also includes a request
to permit a variety of interactive and skill games and to allow the use of
valet parking service.
ACTION: Approve, modify or deny:
• Use Permit No. 3626
SUMMARY:
At the May 7, 1998 meeting, the Planning Commission requested that staff provide more detailed
information regarding parking in the Lido Marina Village area. At the Commission's request, the
following chart has been compiled which identifies the inventory and demand of available parking
in the Lido Village area. The chart identifies the existing and vacant restaurant uses and the
number of parking spaces required for each operation based on information in the approved Use
Permits. The chart also identifies the retail and office building uses in the village and surrounding
area -that -potentially draw upon -the -available -parking -spaces -in -the village area. These numbers are
based on a parking ratio of 1 space for every 250 square feet of gross floor area. Based on these
factors, the chart distinguishes between the total day and the total night time parking spaces
required of each use versus the number of total parking spaces available. It should be noted that
this analysis includes the parking requirements established by Use Permit for the Magic Island
tenant space. This Use Permit was revoked by the City Council on June 27, 1994.
The chart shows total daytime parking demand exceeds the total parking available by 82 spaces.
The night time parking demand of the uses identified exceeds the total parking available by 38
spaces. The chart also specifies the number of parking spaces, both day and night, that have been
waived in conjunction with their respective use permit approvals. Taking into account the number
of spaces that have been waived, the offset between the number of parking spaces required and
spaces available becomes greater. It should be noted that the number of parking spaces in the
parking structure has changed. Staff made a physical inspection of the subject parking structure
and counted a total of approximately 373 parking spaces. The 395 spaces that the staff' report
identified was obtained from the previously approved use permit for the Warehouse Restaurant.
Over time, the number of spaces iri the parking structure has fluctuated.between 359 and 425 based
various use permit approvals and striping plans. To maximize the potential of the area available for
parking in the structure,'ari evaluation of the striping in the parking structure should be conducted
by a professional traffic engineer., If additional parking spaces can be ,provided through re -striping
in a manner acceptable to the City Traffic Engineer_, it is suggested that it be required as an
additional condition of approval: • ' ` . '
At the Commission's request, staff has prepared additional conditions of approval and amended
those in question. Those conditions of approval that have been amended are as follows:
2. That 200 parking spaces shall be provided for the daytime operation and 175 spaces shall be
provided for the evening operation within the Lido Village Parking structure and that a
waiver of 41 parking spaces shall be granted.
3. The valet parking service and the use of the parking structure shall be provided at no charge
to the patrons the restaurant and the restaurant shall provide a minimum of 4 hours of
parking validat on in the structure at no charge to the patrons.
24. That the indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m.
only and that noise from the proposed live entertainment shall be confined to the interior of
the building, and that the doors and windows of the facility shall remain closed whenever
live entertainment is performed within the restaurant facility, and further that noise
generated by the restaurant facility shall comply with Chapter 10.26 of the Municipal Code.
The following conditions of approval have been added by the Commission's request:
29. The applicant shall develop and provide a directional signing program for the parking
structure which identifies the entrance location, hours of operation, validations and rates
subject to the approval of the Planning and Traffic Departments.
30. An evaluation of the striping in the parking structure shall be conducted by a professional
traffic engineer at the cost of the applicant. If additional parking can be provided in a
manner acceptable to the City Traffic Engineer, the revised striping plan- shall be
implements prior to the issuance of a Certificate of Occupancy for the restaurant.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
MARC W. MYERS
Associate Planner
Attachments: Lido Village Parking Inventory Chart
Page 2
9 vf�
LIDO VILLAGE AREA PARKING INVENTORY A '
PARKING REQUIRED
COMMERCIAL USES DAY WAIVED NIGHT' � WAIVED
Vacant (Magic Island) 0 0 189 0 (1/40)2
Warehouse Restaurant 0 266 175 91 (1/40)
Le Bistro Restaurant 16 5 16 5 (1/40)
Le Bistro Coffee Shop 5 1 5 1 (1/75)
George's Camelot 28 10 28 10 (1/40)
Bayfront Cafe 6 0 6 0 (1/75)
Mama Mia Restaurant 3 6 3 6 (1/40)
Vacant (previous Greek Restaurant) 3 1 3 1 (1/75)
Vacant (Special Food) 5 0 5 0 (1/250)
Restaurant Uses 66 spaces 289 spaces 430 spaces 114 spaces
Office Uses (1/250) 132 0 04 0
Retail Uses (1/250) 92 0 0 0
Boat Slips Q5 slips rni 1 space/ 75 slips) 64 0 64 0
Lido Villages (1/250) 288 0 64 0
Lido Shops (Facing Via Lido) (1/250) 35 0 0 0
TOTAL 389 spaces 289 spaces 494 spaces 114 spaces
BUILDING PARKING NO LONGER PROVIDED IN LIDO MARINA VILLAGE�GARAGE¢
Bay Lido Office Bldg. 47 0 0 0
Lido Tower (Travel Max) 79 0 0 0
Bank of America Building 50 0 0 0
TOTAL 176 0 0 0
TOTAL PARKING REQUIRED 565 spaces 0 494 spaces 0
PARKING AVAILABLE
(PUBLIC)
Municipal Parking Lot 27 0
On -Street Parking (Central Ave.) 17 17
On -Street Parking (Behind Lido Shops) 10 10
On -Street Parking on Via Lido 13 13
(PRIVATE)
Parking Structure 373 373
32nd Street Parking Lot$ 43 43
TOTAL PARKING AVAILABLE 483 spaces 456 spaces
6-1fiy p� PK6' )vI 5� �
t Night parking is after 6 p.m.
2Indicates; parked at a ratio of 1 spaces for each 40 sq. ft. of"net public area"
a Required number of parking spaces for each respective business per applicable use permit files
4 Night parking assumes no retail or office parking demand
' Building square footage provided per applicable City use permit files and Lido Marina Village Management Company rent roll.
6 Buildings which no longer have use of the Lido Marina Parking Structure, but still draw upon the available parking spaces in the village area.
7 Number of spaces in garage is based on a field count of spaces by Code Enforcement (previously noted as 395). This number includes striped tandem spaces.
s 32nd Street Parking Lot has no legally binding off -site parking agreements attached to it (per the management company). Lido Marina Village owns and controls the
western most portion of the parking lot only (43 parking spaces).
3
QUALITY
ORIGINAL (S)
�p,WPpRT CITY OF NEWPORT BEACH Hearing Date: May 7, 1998
PLANNING\BUILDING DEPARTMENT Agenda Item No.: 2
v •t 33� NEWPORT BOULEVARD Staff Person: Marc Myers
C•�4pppN�' NEWPORT BEACH, CA 92658 (714) 644-3210
(714)644-3200; FAX(T4) 644-3250 Appeal Period: 14 days
REPORT TO THE PLANNING COMMISSION
PROJECT: J.P.'s of Newport Beach (ErikRameson, applicant)
3450 Via Oporto
PURPOSE OF
APPLICATION: Request to allow the re-establishment of the existing Warehouse Restaurant
which included on -sale alcoholic beverages, dancing and live entertainment
as J.P.'s of Newport Beach, a new full service restaurant and entertainment
facility. The application includes alcoholic beverage service, outdoor patio
dining, both indoor and outdoor live musical entertainment and indoor
dancing. The application also includes a request to permit a variety of
interactive and skill games, the use of valet parking service and to waive a
portion of the required parking.
ACTION: Approve, modify or deny:
Use Permit No. 3626
LEGAL
DESCRIPTION: Parcel 1 of Parcel Map 63-11(ResubdivisionNo. 477)
ZONE: RSC (Retail Service Commercial)
OWNER: Lido Marina Village, Newport Beach
Points and Authority
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the site for "Retail Service Commercial" uses. A restaurant is a permitted use
within this designation. The Land Use Element allocates a maximum square -footage based
on 0.3 FAR for restaurant uses.
Environmental Compliance (CaliforniaEnvironmental Quality Act)
It has been determined that the project is categorically exempt under Class 1 (Existing
Facilities).
• Use Permit and restaurant development standards, procedures and requirements are set forth
in Chapters 20.91 and 20.82 of the Municipal Code.
VICINITY MAP
�, a•1 r1iRK ♦A 'P/
' / h � yr yr•! rr•r, '► +ter` 1P,
r'7 r �k\a
Use Permit No. 3626 A
Characteristics of the Proposed Operation
t SubiectPcouett�and Sn-oundin and CJse
Current rievelo ment:
is the existing Warehouse restaurant
To the north:
is the Elk's Club
To the cast:
is Newport Da
To the south:
is a small restaurant and retail shops
To the west:
across Via Oporto is the previous Thunderbird Restaurant and the Lido Marina Village
Parking Structure
Use Permit No 3626
Page 2
Characteristics of the Proposed Operation
Existing
Proposed
RestaurantOperation
Restaurant Operation
Gross Bldg Area (sq.ft.):
TOTAL:
17,119 sq.ft.
17,119 sq.ft.
Net Public Area C/o of spaceY:
Interior:
8,382sq.ft.
7,571 sq.ft.
(44%ofGBA)
Outdoor Patio Dining:
2,237sq.ft.
2,237 sq.ft.
(13%ofGBA)
SUBTOTAL
10,619 sq.ft
9,808 sq.ft.
Other area:
Restroom,kitchen,
storage and service areas:
6,500sq.ft.
5,359sq.ft.
(31%ofGBA)
Floor area occupied by games:
n/a
1,952 sq.ft.
TOTAL AREA (net public, area
including area of games):
10,619 sq.ft.
11,760sq.ft.
(area used to
determine
parking)
Parking Provided:
200 spaces;11:00 a.m. to 6:00 p.m.,
20,0 spaces;11:00 a.m. to 6:00 p.m.,
daily, 175 spaces after 6 p.m.
daily, 175 spaces after 6 p.m. Monday
Monday through Friday; and all day
through Friday; and all day Saturday,
Saturday, Sunday and holidays
Sunday and holidays
Reauired Parking for restaurants'
213 to 354 spaces
236 to 392 spaces
(1/30 to 1150 sq.ft. of"net public
area")
Allocated to Subject Restaurant:
175-200 spaces
175-200 spaces
Allocated to other uses on-site:(Lido
Village)
220 spaces
220 spaces
TOTAL:
395 spaces
395 spaces
Staff Recommendation:
175 spaces
175 spaces
10,619 sq. ft. net public area
11,760 sq.ft net public area.
(no area dedicated to games)
(inciudingareaofgames)
(waiver of 90 spaces if parked at
WAIVER OF119PARKING
1/40 sq. ft. n.p.a.)
SPACES (if parked at 1140 sq. ft.
n.p.a.)
Live Entertainment:(indoor/outdoor)
YES
YES
Dancing: (indooronly)
YES
YES
Valet Parking Service:
YES
YES
Number of Employees:
(15-40 daytime, 20-60 evening shift)
Hours of operation:
11:00 a.m. to 2:00 a.m. Monday
10:00 a.m. to 2:00 a.m., daily
through Saturday,10:00 a.m. to
2:00 a.m. Sunday
3 Area devoted to waiting and dining within the facility.
Based on the requirements of the Newport Beach Municipal Code Regulations
Use Permit No 3626
Page 3
Analysis
The restaurant facility is located in Lido Marina Village and currently contains approximately
17,119t gross sq. fr. The project involves remodeling and reconfiguring the interior floor area of
the existing facility to accommodate entertainment in the form of interactive video games, pool
tables, live musicians and dancing in addition to the food service. The first floor of the restaurant
facility will consist of a dining area, bar, restrooms, offices, storage area, kitchen and related
restaurant service areas, and billiards tables and interactive video games. The second floor will
consist of more interactive video games, dining areas, a bar, dance floor, bandstand and restrooms.
As proposed, the remodel will encompass the entire interior portion of the building and some minor
exterior facade changes. The alterations will result in an increase in the "net public area" of the
restaurant. However, if the areas occupied by games are excluded ftom the calculation, then there
is a decrease in the net public area of the restaurant devoted to dining. Staff discusses the impacts
of these-altematives later in the report. Approximately 7,571 sq. ft. of the floor area will be utilized
for indoor dining and 2,237 sq. ft. will be used for outdoor dining. The parking for the subject use
is located across Via Oporto in the Lido Marina Village parking structure. In review of this
application, staff has analyzed issues related to:
• net public area determination;
• off-street parking;
• waiver of off-street parking;
• valet parking;
• hours of operation;
• outdoor dining area;
• noise;
• live entertainment; and
• neighborhood compatibility
Net Public Area Determination
Section 20.72.060 (E) of the Municipal Code defines net public area as "the total area of a
restaurant, bar or theater/nightclub excluding kitchen, restrooms, offices pertaining to the use only
and storage areas." Section 20.72.060(A)lc of the Municipal Code further provides that the
physical design characteristics of the use may include other areas which should be logically
excluded from the determinationof net public area.
The facility will include various amusement devices including pool tables, arcade games and
interactive video games. The applicant has identified these as a permanent characteristic of the
restaurant use/entertainment facility. Although some games require the player/participantto get in
or on the game apparatus, the actual game structure does occupy floor area which would not be
occupied concurrently by a restaurant patron. Therefore, the applicant wishes to discount this area
from the net public area calculations to determine the parking requirement or to receive a waiver of
a portion of the parking requirement.
Use Permit No 3626
Page 4
The areas occupied by the games are not specifically excluded by the Municipal Code provisions,
and findings can be made that would include these areas in the determination of net public area
pursuant to Section 20.66. Since games will be located throughout the entire facility and may be
used by restaurant patrons, persons waiting to be seated, and others, game areas have typically been
included in the net public area calculation. Should this business cease to exist, or if the proposed
game locations are no longer utilized for interactive video arcade devices, the area would most
likely be converted to additional dining area which would trigger an increase in the parking
requirement. By including the areas that are occupied by games in the net public area, any future
change would be accommodated by the parking approved with this use permit and would not
require an amendment to the use permit (unless it became additional bar or lounge area). If the area
of the games is excluded, more of the parking requirement could be met, but some difficulty may
exist for Code Enforcement's monitoring the use of the facility. Therefore, staff is of the opinion
that the arcade area cannot be logically excluded from the determination of net public area and
should be included in determining the parking requirement.
Off -Street Parkin
The Lido Marina Village parking structure contains 395 parking spaces. An off -site parking
agreement has been recorded which provides for the permanent use of the parking structure. The
existing restaurant is required to provide 175 parking spaces in the Lido Marina Village parking
structure after 6:00 p.m. daily and on weekends and holidays, as established in conjunction with the
approval of Use Permit No. 1711. This parking requirement is based on the old restaurant standard
of 1 space for each 3 occupants. In addition, the existing restaurant provides 200 parking spaces
between 11:00 a.m. and 6:00 p.m. Monday through Friday and validates parking for persons who
choose to self -park. The applicant has recently obtained written authorization from the owners of
the parking structure allowing the facility to utilize the parking structure during the peak lunch
hours as well as evening hours for valet parking, purposes. These parking rights are non-exclusive
and shared with other Lido Marina Village tenants.
Off-street parking requirements for eating and drinking establishments are governed by the
provisions of Section 20.66.070 of the Municipal Code. That section requires the Planning
Commission to establish the off-street parking requirement for these establishments within a range
of one space for each 30 to 50 square feet of net public area based on various considerations such as
physical design characteristics, operational characteristics and the location of the facility. Based on
the "net public area" of the existing restaurant, the parking requirement could vary from 213 spaces
to 354 spaces. Therefore, the existing restaurant as currently approved is nonconforming with
regard to the current off-streetparking standards.
Staff is of the opinion that this type of restaurant will generate the need for one parking space for
each 40 sq. ft. of "net public area." This is the parking ratio most commonly used by the Planning
Commission, and staff does not find any unusual design or operating characteristics that would
increase the parking demand in this case. A ratio of one space per 43 sq. ft. was used for the
Speedway Restaurant, which also includes video games. Since the addition of the proposed
interactive video games to this restaurant will actually result in a decrease in the area used for
dining, the proposed use is not anticipated to have a higher parking demand than the previous
Use Permit No 3626
Page 5
establishment at this location. Additionally, walk-in patrons are expected from the neighboring
area including a number of multiple user patrons that utilize the parking structure when shopping
the commercial uses in Lido Marina Village.
Ifthe area occupied by games is excluded from the calculations, based on a parking ratio of 1/40 sq.
ft. of net public area, 245 spaces will be required. However, if the game area is included in the net
public area calculation as staff suggests,the parking requirementwill be 294 spaces,
Since this pool of available parking is located in close proximity to the subject restaurant, staff
suggests that the area occupied by games be included in the net public area calculations and that a
waiver of 119 spaces be considered.
Waiver of Off -Street Parking Requirements
Since 175 parking spaces in the parking structure are allocated to the restaurant in the evening, the
applicant is requesting a waiver of 70 to 119 parking spaces, depending on whether the games are
included in the net public area calculation.
Chapter 20.66.10 states that a use permit may be approved by the Planning Commission to modify
or waive the number of off-streetparking spaces required by the terms of this chapter if one or more
of the following conditions are met:
1. A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites.
2. The site is subject to two or more uses and the maximum parking requirementsfor such
uses do not occur simultaneously.
3. A parking management plan for the site has been approved by the Planning
Commissionpursuant to Section 20.66.100 (13).
4. The Planning Commission makes the followingfindings:
a) The parking demand will be less than the requirement in Section 20.66.030.
b) The probable long-term occupancy of the building or structure, based on its
design, will not generate additional parking demand.
Staff is of the opinion that finding number 2 can be made in this case. The restaurant is located
within the Lido Marina Village commercial area, which is served by a parking structure with 395
spaces. The commercial village contains a mix of retail, office and food uses in addition to the
proposed facility. The maximum parking requirements for those uses within the commercial village
do not occur simultaneously since the uses which occupy the commercial village are a mixture of
retail, office and food service uses. Patrons and employees of these uses arrive and depart the site
at various hours of the day, providing for efficient utilization of the parking available for the
project.
Use Permit No 3626
Page 6
Although the parking structure does not provide a surplus number of parking spaces considering all
the uses it serves, staff has observed a large number of vacant spaces due to the fact that the peak
parking demand for many of the commercial businesses in Lido Marina Village does not occur
simultaneously. Based on staff s observations, the parking structure appears under-utilized during
the peak lunch time and evening periods. Consistent daytime use has been observed on the first
and second floors of the parking structure only. A majority of the office and retail uses are closed
in the evening, resulting in a surplus of available parking after 6:00 p.m. On Friday and Saturday
nights between the hours of 8:00 and 9:00 p.m., there have been less than fifty cars in the entire
parking structure. There is also a Municipal Parking lot on the corner of Central Avenue and Via
Oporto and additional on -street parking along Central Avenue. Staff feels that there will be an
adequate amount of spaces available during the restaurant's hours of peak demand since the
proposed use is a restaurant while many of the commercial village uses are retail.
Additionally, finding 4(b) can be made because long-term occupancy of the commercial
development, based upon it design, will not generate additional parking demand since the village
consists more of conventional retail/office type structures designed for those uses. Only occupancy
dominated by eating and drinking establishments would alter this circumstance, and the City has
the ability to control the restaurant type uses approved for the Lido Marina Village area.
Valet Parkine
The applicant has indicated a desire to provide valet parking service on a limited basis in
conjunction with the restaurant. The intent is to provide the parking structure for self -parking on a
regular basis, with the use of valet parking during peak periods so that the restaurant facility may
obtain maximum parking potential in the parking structure. The valet/passenger drop-off area will
be locatbd along Via Lido in front of the restaurant. No significant conflicts are anticipated, due to
the convenient location of the parking structure. The ingress/egress to said parking structure is
provided from Via Lido Drive and Central Avenue which run parallel and perpendicular to Via
Oporto. The final valet parking operational plan shall be subject to the approval of the Traffic
Engineer. Staff has no objection to the voluntary use of a valet parking service and has included a
condition for approval requiring that the applicant submit a valet parking plan for review and
approval of the City Traffic Engineer prior to implementation. It should be noted that a condition
of approvalhas been included to require that the valet parking service be complimentary.
Hours of Operation
The previous business operated for lunch and dinner service with hours of operation from 11:00
a.m. to 2:00 a.m., Monday through Saturday and from 10:00 a.m. to 2:00 a.m. on Sundays. The
applicant has requested a slight expansion of the hours to 10:00 a.m. to 2:00 a.m., daily. Staff has
no objection to these hours of operation since,the request is to open 1 hour earlier in the morning,
and there are no residential uses in the area that would be impacted by this change. Since the
applicant has indicated that the facility will operate as a full service restaurant, staff recommends
that the full dinner menu be available until closing. Should the food service be closed at any time
Use Permit No 3626
Page 7
during the day, the facility would stop operating as a restaurant and become a bar under current
Code definitions (a place of business where the principal purpose is the sale and service of
alcoholic beverages, Section 20.87.033 of the NBMC). Since this approval is for a full service
restaurant, any change to allow the operation as a bar would require an amendment to this use
permit.
OutdoorDinine
The application includes a request to allow the continued use of outdoor patio dining on the
southeast side of the restaurantfacility. The area of patio is 2,237 square feet and is included in
the net public area of the restaurant. The size and location of the outdoor dining area seems suitable
with the building since the primary outdoor dining area is located on the east side of the facility
between the subject and adjacent buildings, with only a few tables located on the north side of the
building adjacent to the bay. Since the primary location of the outdoor dining area does not orient
toward the uses across Newport Bay, staff is not opposed to closing hours consistent with the
indoor portion of the facility and the previously approved use permit. Additionally, noise related
activities (live entertainment and outdoor speakers) are addressed by the conditions of approval so
that the 2:00 a.m. daily closing hour should not impact area business owners or residents. Finally,
staff has no record of complaints from the use of this area for outdoor dining by the previous
restaurant.
Noise
The proposal includes a sound system with speakers located throughout the building and the
outdoor patio for background music. Staff is concerned that the amplification equipment (public
address systems) and audio equipment together with the arcade games could generate noise which
may impact the surrounding area. Noise associated with the facility's dining areas and speaker
system could disturb adjacent businesses and commercial and residential uses located across
Newport Bay. The speakers will be spaced at 15 ft. intervals throughout the outdoor patio area.
The proposed speaker is a low watt speaker designed for outdoor commercial application. The
frequent spacing and increased number of speakers will actually decrease the overall noise level
since the sound frequency has less distance to travel between speaker locations resulting in a lower
volume level. The fact that the primary dining on the outdoor patio is located on the east side of
the building, and not directly facing commercial or residential uses across the bay, should also
prevent noise problems related to the background music. in order to minimize noise problems
associated with such use, staff has recommended conditions of approval as follows:
Require the doors and windows of the building be closed at all times to
prevent noise emanating from the interactive games and general restaurant
operation.
Restrict the use of outside speakers to the patio dining areas of the
restaurant only, and not allowed within any other area outside of the
building.
Use Pennit No 3626
Page 8
Require the sound system to be restricted to pre-recorded music only and
not in conjunction with the sound system of the live entertainment or the
paging of patrons.
Require that the sound system be designed and utilized to comply with the
provisions of the Community Noise Ordinance.
Require the use of the outdoor live entertainment to cease at 10:00 p.m.,
daily.
This should confine any noise generated by the facility to the site only. Staff has also included
conditions of approval which require that a noise study be performed, at the Planning Director's
discretion, should noise complaints arise in the future
Live Entertainment
The applicant has requested approval of indoor and outdoor live entertainment as previously
approved. The indoor live musical entertainment will take place on the second floor near the dance
floor. The number of musicians will vary, but is expected to be between 1- 4 persons. The types of
instruments will vary depending on the individual musicians. The indoor live entertainment will be
amplified, but the windows and doors of the structure shall remain closed at all times. The outdoor
entertainers are anticipated to be small combos with a maximum of three persons with no sound
amplification. Noise associated with the entertainment could disturb commercial and residential
uses located adjacent to the site. In order to address these concerns, staff has included conditions of
approval which require the following:
• The windows and doors shall remain closed during the performance of the
live entertainment.
• Live entertainment on the interior of the building shall be limited to the
hours of 9:00 p.m. to 1:30 a.m. only.
• Amplification of the interior live entertainment shall be permitted so long as
it is confined to the interior of the restaurant with the doors and windows of
the building closed during performances.
• The outdoor patio live entertainment shall be limited to the hours of 10:00
a.m. to 10:00 p.m. daily, and the entertainment shall be limited to non -
amplified acoustical instruments only, with one or two performers
maximum. No sound amplification, brass or percussion instruments shall
be permitted at any time.
• The indoor and outdoor live entertainment shall be conducted in such a
way as to comply with the provisions of the Community Noise Ordinance
requirements.
Staff believes that based on the orientation of the building relative to Lido Marina Village, the
location of the live entertainment on .the northeast side of the interior of the building, the
restrictions on the instrumentation and limited hours of the outdoor live entertainment, noise
concerns have been adequately addressed by the conditions of approval as recommended.
Use Permit No 3626
Page 9
Neighborhood Compatibility
The subject site has historically housed facilities which have been in the business of serving food
and alcoholic beverages to the public. The Police Department points to the fact that the use which
currently occupies the site, on occasion has been a disturbance to the surrounding commercial and
residential neighborhoods. The Police Department has indicated that in 1994 and 1995 a number of
incidents occurred related directly to this and the previous neighboring establishments (Thunderbird
and Bacchus). These problems were associated with the use of the subject facility as a
bar/nightclub.
Some of these problems already had been mitigated by the closing of the previous neighboring
establishment. The proposed establishmentwill have more family appeal as a result of the games.
In addition, conditions of approval require it to be a full service restaurant and not a bar or
nightclub. Conditions in the exhibit for approval include a limitation on the hours of operation and
the prohibition of outside promoters, unless an amendment to this use permit is first approved.
Although there is an over -concentration of liquor licenses in Census Tract 635,00 and criminal
activity in Police Reporting District 15 which is 65 % above the citywide average, this proposal is
for the re-establishment of an existing restaurant and does not represent an increase in the number
of liquor licenses in the area. In working with the applicant, staff of both the Police and Planning
Departments have emphasized the need for the management to exercise adequate control of its
patrons and employees to prevent the previous problems of noise and excess alcohol consumption.
If the restaurant is operated in this manner, the project should not have a detrimental effect on the
neighborhood nor result in a significant demand for police services. It should be noted that the City
has received cooperation from the business owner regarding problematic issues; however, if the
operator's control should not adequately prevent problems from occurring, Condition of Approval
No. 26 provides for the Planning Commission to add or modify conditions of approval, or
recommend that the City Council revoke the use permit.
Recommendations
Section 20.91.035 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.
In this particular case, based upon the analysis contained in this report, staff is of the opinion that
the findings for approval of the use permit can be made for the proposed full -service restaurant
facility and parking waiver since the parking requirement for the site can be adequately served by
the pool of parking available in the structure. Because of the building's location in a commercial
shopping area, with no nearby residential uses, there is little potential for problems associated with
hours of operation and noise generated by the proposed restaurant operation. The orientation of the
Use Permit No 3626
Page 10
proposed restaurant with the outdoor dining patio area turned away from Newport Bay also protects
against impacts on neighbors. Finally, the recommended conditions of approval, which include
restrictions on the live entertainment, outdoor paging and speaker systems, should control impacts
on neighboring properties in the vicinity.
Should the Planning Commission wish to approve Use Permit No. 3626, the findings and
conditions of approval set forth in the attached Exhibit "A" are suggested. However should the
Commission desire to deny this request, the findings set forth in the attached Exhibit `B" are
suggested.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
zk�-" s. W trod[
Attachments: Exhibit "A"
Prepared by:
MARC W. MYERS
Associate Planner
Exhibit `B"
Letter from,the tenants of Lido Marina Village
Map of Lido Village
Plot Plan, Floor Plan and Elevations
F:\USERS\PLN\SHARED\I PLANCOM\ 1998\04-23\up3626z.doc
Use Permit No 3626
Page 11
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use Permit No. 3626
Use Permit No. 3626
Findings
1. The proposed development is consistent with the General Plan and is compatible with
surrounding land uses.
2. 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 and a restaurant is a permitted
use within this designation.
3. This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class I (Existing
Facilities).
4. The request of Use Permit No. 3620 to waive a portion of the required parking may be
approved for the following reasons:
• The proposed restaurant/entertainment facility is located in a multi -tenant
commercial village which is comprised of uses whose parking demand does not
occur simultaneously.
• The long term use of the commercial village will not generate a parking demand
which could not be accommodated by the parking structure unless a higher
concentration of food uses were to occupy more of the buildings in Lido Village
which would generate additional parking demand.
• Adequate off-street parking spaces exist in the parking structure for the benefit of
the proposed restaurant facility and the other uses in the Lido Marina Commercial
Village to accommodate the proposed change in the restaurantfacility.
• A municipal parking lot is located in useful proximity of the proposed use.
5. The approval of Use Permit No. 3626 to allow the establishment of the restaurant facility
will not, under the circumstances of the case be detrimental to the health, safety, peace,
morals, comfort and general welfare of persons residing or working in the neighborhood or
be detrimental or injurious to property or improvements in the neighborhood or the general
welfare of the City for the following reasons:
The restaurant use is compatible with the surrounding commercial uses since
restaurant uses are typically allowed in commercial districts and conditions of
approval have been incorporated which will minimize noise impacts.
Use Permit No 3626
Page 12
The restrictions on the use of outdoor live entertainment and patio speakers should
limit potential noise impacts on the neighboring commercial businesses and
residential uses.
Conditions:
That development shall be in substantial conformance with the approved site plan, floor
plan and elevations, except as noted below.
2. That 200 parking spaces shall be provided for the daytime operation and 175 spaces shall be
provided for the evening operation in the Lido Village parking structure and that a waiver of
119'parking spaces shall be granted.
The valet parking service and the use of the parking structure shall be provided at no charge
to the patrons of the restaurant.
4. That grease interceptors shall be installed on all fixtures in the restaurant where grease may
,be introduced into the drainage systems, unless otherwise approved by the Building
Department and the Public Works Department.
5. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of
the Building Department.
6. That the proposed restaurant facility and related parking structure shall conform to the
requirements of the Uniform Building Code.
That the project shall comply with State Disabled Access requirements.
8. That speakers located in the outdoor dining area of the restaurant shall comply with the
provisions of Chapter 10.26 of the Newport Beach Municipal Code. Should any music
emanating from the patio speakers or indoor live entertainmentbe heard across Via Oporto
or the surrounding property lines, the patio speaker volume shall be reduced as determined
by the Planning Director, to eliminate any noise impacts. Further, that the speakers shall
not be utilized in conjunction -with the sound system of the live entertainment or paging of
patrons. The outdoor speakers will be utilized for ambient background noise and shall be
limited to pre-recorded music only.
9. That the applicant shall retain a qualified engineer specializing in noise/acousticsto monitor
the sound generated by the live entertainment to insure compliance with these conditions, if
required by the Planning Director.
10. That a valet operations plan shall be reviewed and approved by the City Traffic Engineer.
11. That valet vehicles will not be allowed to block the roadway. The valet parking lanes
operation shall be monitored at all times by the applicant's representatives at the site. If
Use Permit No 3626
Page 13
back-ups occur, the incoming customers shall be directed to bypass the facility. If a traffic
congestion problem occurs on Via Oporto related to the restaurant facility that is not
immediately corrected, the Planning Commission may recommend to the City Council
revocation of this Use Permit
12. That all improvements be constructed as required by Ordinance and the Public Works
Department.
13. That no outdoor television monitors shall be permitted in conjunction with the restaurant
use.
14. That outside promoters of any kind shall be prohibited unless an amendment to this use
permit is first approved.
15. That security shall be provided, and that the applicant shall submit a security plan for the
restaurant to be approved by the Police Departmentprior to building occupancy.
16. That all employees shall park in the parking structure. `".y. 3 z '=R .mkt4t
17. That the hours of operation shall be limited to 10:00 a.m. to 2:00 a.m. daily.
18. That all trash shall be stored within the building or within dumpsters stored in a trash
enclosure, or otherwise screened from view of neighboring properties except when placed
for pickup by refuse collection agencies. The trash dumpsters shall be fully enclosed and
roofed and the top shall remain closed at all times, except when being loaded or while being
collected by the refuse collection agency.
19. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors
which may include the provision of fully self contained dumpsters or may include periodic
steam cleaning of the dumpsters, if deemed necessary by the Planning Department.
20. That the project shall be designed to eliminate light and glare spillage on adjacent uses.
21. That a covered washout area for refuse containers and kitchen equipment shall 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 Director and the Public Works
Director in conjunctionwith the approval of an alternative drainage plan.
22. That all mechanical equipment shall be
adjacent public streets within the limits
attenuated in accordance with Chapter
Community Noise Control.
screened from view of adjacent properties and
authorized by this permit, and shall be sound
t0.26 of the Newport Beach Municipal Code,
23. That dancing and live entertainment shall be permitted only in accordance with a Cafe
Dance Permit and Entertainment Permit issued by the Revenue Manager in accordance with
Title 5 of the NewportBeach Municipal Code.
Use Permit No 3626
Page 14
24. That the indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m.
only and that noise from the proposed live entertainment shall be confined to the interior of
the building, and further that the doors and windows of the facility shall remain closed
whenever live entertainment is performed within the restaurant facility.
25. That outdoor live entertainment shall be limited to the hours of 10:00 a.m. to 10:00 p.m.
daily, and the entertainment shall be limited to non -amplified acoustical instruments only
with two performers maximum. No sound amplification, brass or percussion instruments
shall be permitted at any time.
26. That should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the current
business owner, property owner or the leasing company.
27. 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.
28. 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 3626
Page 15
EXHIBIT "B"
FINDINGS FOR DENIAL
Use Permit No. 3626
Findings:
1. The approval of Use Permit No. 3626 will, under the circumstances of the case be
detrimental to the health, safety, peace, morals, comfort and general welfare of persons
residing or working in the neighborhood or be detrimental of injurious to property or
improvements in the neighborhood or the general welfare of the City for the following
reasons:
• The application provides for the service and on -site consumption of alcoholic beverages
in an overconcentrated area.
• Adequate parking is not available on site for the proposed use and the resulting parking
demand cannot be accommodated by the available parking structure and will be
detrimental to the surrounding properties.
• Noise impacts of the use, including the dining, games and live entertainment will
adversely affect the neighboring commercial and residential uses.
• Findings for a waiver of 119 required parking spaces cannot be made.
Use Permit No 3626
Page 16
a��ypOR� CITY OF NEWPORT BEACH
O� A� COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
35 o NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(714) 644-3200% FAX (714) 644-3250
PROJECT:
PURPOSE OF
APPLICATION:
ACTION:
SUMMARY:
Hearing Date:
May 21, 1998
Agenda Item No.:
3'
Staff Person:
Marc Myers
644-3210
Addendum
Anneal Period:
14 days
REPORT TO THE PLANNING COMMISSION
J.P.'s of Newport Beach (Erik Rameson, applicant)
3450 Via Oporto
,
Request to allow the re-establishment of the existing Warehouse
Restaurant as J.P.'s of Newport Beach, a new full service restaurant and
entertainment facility. The application includes alcoholic beverage
service outdoor patio dining both indoor and outdoor live musical
entertainment and indoor dancing
to permit a variety of interactive
valet parking service.
Approve, modify or deny:
• Use Permit No. 3626
The application also includes a request
and skill games and to allow the use of
At the May 7, 1998 meeting, the Planning Commission requested that staff provide more detailed
information regarding parking in the Lido Marina Village area. At the Commission's request, the
following chart has been compiled which identifies the inventory and demand of available parking
in the Lido Village area. The chart identifies the existing and vacant restaurant uses and the
number of parking spaces required for each operation based on information in the approved Use
Permits. The chart also identifies the retail and office building uses in the village and surrounding
area that potentially draw upon the available parking spaces in the village area. These numbers are
based on a parking ratio of 1 space for every 250 square feet of gross floor area. Based on these
factors, the chart distinguishes between the total day and the total night time parking spaces
required of each use versus the number of total parking spaces available. It should be noted that
this analysis includes the parking requirements established by Use Permit for the Magic Island
tenant space. This Use Permit was revoked by the City Council on June 27, 1994.
The chart shows total daytime parking demand exceeds the total parking available by 82 spaces.
The night time parking demand of the uses identified exceeds the total parking available by 38
spaces. The chart also specifies the number of parking spaces, both day and night, that have been
waived in conjunction with their respective use permit approvals. Taking into account the number
-of spaces that have been waived, the offset between the number of parking spaces required and
spaces available becomes greater. It should be noted that the number of parking spaces in the
parking structure has changed. Staff made a physical inspection of the subject parking structure
and counted a total of approximately 373 parking spaces. The 395 spaces that the staff report
identified was obtained from the previously approved use permit for the Warehouse Restaurant.
Over time, the number of spaces in the parking structure has fluctuated between 359 and 425 based
various use permit approvals and striping plans. To maximize the potential of the area available for
parking in the structure, an evaluation of the striping in the parking structure should be conducted
by a professional traffic engineer. If additional parking spates can be provided through re -striping
in a manner acceptable to the City Traffic Engineer, it is suggested that it be required as an
additional condition of approval.
At the Commission's request, staff has prepared additional conditions of approval and amended
those in question. Those conditions of approval that have been amended are as follows:
2. That 200 parking spaces shall be provided for the daytime operation and 175 spaces shall be
provided for the evening operation within the Lido Village Parking structure and that a
waiver of 41 parking spaces shall be granted.
3. The valet parking service and the use of the parking structure shall be provided at no charge
to the patrons -of the restaurant and the restaurant shall provide a minimum of 4 hours of
parking validat onin the structure at no charge to the patrons.
24. That the indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m.
only and that noise from the proposed live entertainment shall be confined to the interior of
the building, and that the doors and windows of the facility shall remain closed whenever
live entertainment is performed within the restaurant facility, and further that noise
generated by the restaurant facility shall comply with Chapter 10.26 of the Municipal Code.
The following conditions of approval have been added by the Commission's request:
29. The applicant shall develop and provide a directional signing program for the parking
structure which identifies the entrance location, hours of operation, validations and rates
subject to the approval of the Planning and Traffic Departments.
30. An evaluation of the striping in the parking structure shall be conducted by a professional
traffic engineer at the cost of the applicant. If additional parking can be provided in a
manner acceptable to the City Traffic Engineer, the revised striping plan shall be
implements prior to the issuance of a Certificate of Occupancy for the restaurant.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
MARC W. MYERS
Associate Planner
ke,c�
Attachments: Lido Village Parking Inventory Chart
Page 2
Linn VTT T ACP ARFA PARKING INVENTORY
-PARKING REQUIRED
COMMERCIAL USES DAY WAIVED NIGHTl � WAIVED
z
Vacant (Magic Island)
Warehouse Restaurant
Le Bistro Restaurant
Le Bistro Coffee Shop
George's-Camelot
Bayfront Cafe
266
16
5
5
1
28
10
6
0
Mama Mia Restaurant 3
Vacant (previous Greek Restaurant) 3
Restaurant
66 spaces 289 spaces
Office Uses (1/250) 132
Retail Uses (1/250) 92
189
175
16
5
28
6
3
3
5 _
430 spaces
04
Lido Village (1/250) 288 0 64
0 (1/40)
91 (1/40)
5 (1/40)
1 (1/75)
10 (1/40)
0 (1/75)
6 (1/40)
1 (1/75)
00 (1/2501
114spaces
Ul
Lido Shop acing Via Lido) (1/250) 35 0 0 0
TOTAL 389 spaces 289 spaces 494 spaces 114 spaces
Bay Lido Office Bldg. 47 0 0 0
Lido Tower (Travel Max) 79 0 0 0
Bank of America Building 50 0 0 0
TOTAL 176 0 0 0
TOTAL PARKING REQUIRED 565 spaces 0 494 spaces 0
PARKING AVAILABLE
(PUBLIC)
Municipal Parking Lot 27 0
On -Street Parking (Central Ave.) 17 17
On -Street Parking (Behind Lido Shops) 10 10
On -Street Parking on Via Lido 13 13
(PRIVATE)
Parking Structure 373 373
32nd Street ParkingLot$ 43 43
TOTAL PARKING AVAILABLE 483 spaces 456 spaces
t Night parking is after 6 p.m.
Indicates; parked at a ratio of I spaces for each 40 sq. ft, of"net public area"
a Required number of parking spaces for each respective business per applicable use permit files
Night parking assumes no retail or office parking demand
5 Building square footage provided per applicable City use permit files and Lido Marina Village Management Company rent roll.
a Buildings which no longer have use of the Lido Marina Parking Structure, but still draw upon the available parking spaces in the village area.
Number of spaces in garage is based on a field count of spaces by Code Enforcement (previously noted as 395). This number includes striped tandem spaces.
' 32nd Street Parking Lot has no legally binding off -site parking agreements attached to it (per the management company). Lido Marina Village owns and controls the
western most portion of the parking lot only (43 parking spaces).
11
April 15, 1998
City Council Members
City of Newport Beach
Newport Beach, CA 92663
We, the business owners in Lido Marina Village, have taken great sales losses compared
to last year. The city of Newport Beach has shared those losses through the resultant
reduction in sales tax revenue. We would never expect the City to be -able to help deal
with El Nino and with the major work on The Arches interchange, which have both kept
our potential customers away. There is another major factor that you could help with,
would cost you no money and would, in fact, bring more money into the City.
The major tenant in Lido Marina Village, the Warehouse Restaurant, has closed to make
some exciting renovations. While they are closed we lose a great number of sales, some
estimating 50% of our business, which come from their customers who wander the
Village either before or after dining. The Warehouse Restaurant owners are in the
process of getting the various City permits required for renovation and re -opening.
We are asking that you help speed up the process of permit review for them. It is fully
understandable that like this take time, but I know other cities have a Fast Track
process to help move the permits along much faster instead of, for example, requiring
them to wait a month between reviews for minor alterations.
It is not just the Warehouse owners who are being hurt, but all their employees, all of the
other stores in the Village, all of our employees and, of course, the City. Please help us
all and encourage the fastest possible permitting reviews. Thank you.
N ne
Organimtion
0
April 15, 1998
City Council Members
City of Newport Beach
Newport Beach, CA 92663
We, the business owners in Lido Marina Village, have taken great sales losses compared
to last year. The city of Newport Beach has shared those losses through the resultant
reduction in sales tax revenue. We would never expect the City to be able to help deal
with El Nino and with the major work on The Arches interchange, which have both kept
our potential customers away. There is another major factor that you could help with,
would cost you no money and would, in fact, bring more money into the City.
The major tenant in Lido Marina Village, the Warehouse Restaurant, has closed to make
some exciting renovations. While they are closed we lose a great number of sales, some
estimating 50% of our business, which come from their customers who wander the
Village either before or after dining. The Warehouse Restaurant owners are in the
process of getting the various City permits required for renovation and re -opening.
We are asking that you help speed up the process of permit review for them. It is fully
understandable that things like this take time, but I know other cities have a Fast Track
process to help move the permits along much faster instead of, for example, requiring
them to wait a month between reviews for minor alterations.
It is not just the Warehouse owners who are being hurt, but all their employees, all of the
other stores in the Village, all of our employees and, of course, the City. Please help us
all and encourage the fastest possible permitting reviews. Thank you.
ee
Neme
orgmiation
Name '7
04;A YGk'UfL% GtjJGf<-" f/J�'G ST1✓ +"J --
or mialion
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0
April 15, 1998
City Council Members
City of Newport Beach
Newport Beach, CA 92663
We, the business owners in Lido Marina Village, have taken great sales losses compared
to last year. The city of Newport Beach has shared those losses through the resultant
reduction in sales tax revenue. We would never expect the City to be able to help deal
with El Nino and with the major work on The Arches interchange, which have both kept
our potential customers away. There is another major factor that you could help with,
would cost you no money and would, in fact, bring more money into the City.
The major tenant in Lido Marina Village, the Warehouse Restaurant, has closed to make
some exciting renovations. While they are closed we lose a great number of sales, some
estimating 50% of our business, which come from their customers who wander the
Village either before or after dining. The Warehouse Restaurant owners are in the
process of getting the various City permits required for renovation and re -opening.
We are asking that you help speed up the process of permit review for them. It is fully
understandable that things like this.take time, but I know other cities have a Fast Track
process to help move the permits along much faster instead of, for example, requiring
them to wait a month between reviews for minor alterations.
It is not just the Warehouse owners who -are being hurt, but all their employees, all of the
other stores in the Village, all of our employees and, of course, the City. Please help us
all and encourage the fastest possible permitting reviews. Thank you.
21
Neme
Ci9 R AJ o u /Jz�'
Organization
—e ame
Organization
e,,''
Organization
I
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03:31P
GrOUD I
r
Marc Myers
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
3/30/98
The following is some additional information regarding the Warehouse renovation.
1) The proposed hours of live entertainment and dancing, shall conform to the existing
approved hours. Outdoor live entertainment will be confined to the hours of 10:00
a.m. and 10:00 p.m., daily. Indoor live entertainment and dancing shall be confined to
the hours of 10:30 p.m. to 1:30 a.m., daily.
2) The proposed hours of operation, for both the indoor and outdoor areas, shall conform
to the existing approved hours. Monday through Saturday (11:00 a.m. 2:00 a.m.) and
Sunday (10:00 a.m.-2:00 a.m.).
Sincerely,
Erik Rameson
P.S. Also enclosed is the map that you requested.
Corporate Ofte:
124 Mar 1998
6:45PM
FAX:
PAGE 3
Mar 24, 1998
Mr. Marc Myers
Planning Department
City Of Newport Beach
P.O.Box 1768,
Newport Beach, CA_ 92658
Dear Marc:
4218 GLENCOE AVENUE
8 T U D 1 0 T w o
M A R I N A D E L R E V
CALIFORNIA 90292
TEL+PAGER 310.822.3822
FAX+MODEM 310.306.4441
We have made revisions to our drawings in response to your request for
further information for the permit submittal for JP's of Newport Beach. 1 have
compiled a package of information including: 2 sets of revised plans, a written list of
the major plan changes, and sketches and charts responding to the individual
questions from your letter of March 171. From our phone conversation of earlier
today I had just 2 sets of updated plans printed. Please let me know if you have any
questions or need any more information in order to continue the application process.
■ Changes on Revised Floor P1ap5
A-1.0 Pond, Bridge and extended Canopy structure eliminated_
Existing pump house and entry retained.
A-2.1 Existing Mons and Womens Restrooms retained.
Three circular booths eliminated.
Redemption Game area eliminated from Ground Floor and replaced with
Pool Table area.
Exterior Wet Bar Service Area eliminated.
A-2.2 DJ Booth build -out into double height space eliminated.
Redemption Game Area relocated'to Upper Floor.
Existing 400 sq.ft. Dance Floor and Stage removed.
Dance Floor now located as shown.
■ Response to Review Questions
(Numbers correspond to original question numbers)
1 A 2. Please see accompanying key plans showing Existing vs. Proposed Floor
areas. Also see corresponding charts denoting gross floor areas and net
public areas.
3. Rofer to chart on page 8 for total area occupied by games.
24 Mar 1998 6:46PM FAX: PAGE 4
5. We will be using exterior speakers for background music on the patio and
along the waterfront deck. Please see the accompanying sketch on page 10 for
proposed speaker locations. We will be mounting the speakers at 10'-0"
above the finished floor height. Page 11 and 12 show the Bose speaker
technical specifications.
9. Please refer to chart on page 9 showing existing and proposed seating
capabilities.
10. Sheet A-1.0 has been revised to show further site information and adjacencies.
We have also included handicap accessible path of travel for the site.
The above list represents the answers to your questions pertaining to the
architectural elements and information within the project. The remaining information
requested has been completed by the owners and is enclosed here in the following
sheets.
Please don't hesitate to call me if you have any questions at (310) 822-3822_
Best Regards,
Lisa T. Davis
SFJones-Architects
Stephen Jones, AIA
Page 2
Ln
W
a
x
s
w
6RO55 FLOOR AREA GOMPAR15ON
EXISTING GROSS AREAS
SQ. FT.
6RO55 GROUND FLOOR AREA
(EXISTING)
glol
GROSS UPPER FLOOR AREA
(EXI5TING)
1412
TOTAL EXI5TIN6 GROSS AREA
17,IIg
PROP05ED 6RO55 AREAS
50, FT.
GRO55 GROUND FLOOR AREA
glol
GROUND FLOOR ADDED
GROSS FLOOR AREA:
0
AREA OF REMOVED 5TAIRWAY
GROUND FLOOR REMOVED
GROSS FLOOR AREA:
0
6RO55 UPPER FLOOR AREA
(4�01)llq
UPPER FLOOR ADDED
6RO55 FLOOR AREA:
(? 3
FILL-IN AREA OF REMOVED STAIRWAY -
q91
LANDING AT NEW 5TAIRNAY
l bi
FILL-IN OF REMOVED DANCE FLOOR
UPPER FLOOR REMOVED
6 :7- 0
6RO55 FLOOR AREA:
TOTAL 6RO55 FLOOR AREA:
1"1,4gq
01
�GN,eIAe �
�zor SN��ra rJ
?. V7,
24 Mar 1998 6:45PM FAX: PAGE
G
March 24,1998
VIA FAX: 714/644-3250
Mr_ Marc Myers
Associate Planner
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92658-8915
Dear Mr. Myers:
The following information is provided in response to the questions in your letter dated
March 17, 1998:
1. Please refer to the architect's comments, which will be submitted separately-
2- Please refer to the architect's comments, which will be submitted separately.
3. Please refer to the architect's comments, which will be submitted separately
4. Indoor and outdoor live entertainment shall conform to the existing approved
conditions for the facility. The outdoor live entertainment will take place between
I Oam to I opm, there will be no brass instruments or sound amplification of live
entertainment in the outdoor dining areas. The number of musicians in the outdoor
dining area will vary, but is expected to average between 1-3. The indoor live
entertainment will take place on the second floor, near the dance floor. The number of
musician" —s w-iVvary, but is expected to average between 1-4. The type of instruments
will vary, depending upon the individual musicians. The indoor entertainment will be
amplified with speakers and amplifiers, but all windows and doors within the
structure shall be closed when this activity is conducted. The indoor live
entertainment and dancing shall conform to the existing approved conditions_
5. No speakers will be used for paging systems or live music in the outdoor dining areas.
Speakers will be used for background music in the outdoor dining areas -please refer
to the architects comments regarding speaker specifications and plan. We are aware
of the sensitivity to sound levels in the area, and do not plan to produce any
significant noise from the facility.
6. The hours of operation of the facility shall conform to the approved existing hours of
operation.
7. There are currently 175 parking spaces allotted for the facility. however, we intend to
apply to the City for a valet parking permit.
S. We are projecting that we will have between 125 —150 employees total working for
the establishment. The daily total should be between 35-100. The afternoon shift will
consist of between 15-40 people and the evening shift will consist of between 20-60
people.
�,..,,,,.,... tun..• i na r I bar Anrcmmu Str¢et. SuCe G • sarBc 8Othore Cn 95 i 01 • Ph: 805 965.8577 • F1: $]5.965 5446
24 Mar 199E 6:45PM FAX: PAGE 2
Mar-24498 06=07P Entertainment Group int_ 805 965 S446
P.o3
Mr. Marc Myers
March 24, 1999
Page 2
9. Please refer to the architect's comments, which will be submitted separately.
10. Please refer to the architect's comments, which will be submitted separately.
11. We believe that this project will be a good addition to the community of Newport
Beach and that it should be approved. The proposed project will turn the Warehouse
restaurant and nightclub into a high -end restaurant establishment attracting an upper
end clientele_ The following outlines the reasons for approving the use:
A) There are no negative impacts projected from any of the proposed changes.
B) The proposed use substantially conforms to the existing approved conditions for
the facility.
C) The renovation of the run-down facility will improve it's image in the
community, as well as bringing more patrons to the area that will frequent the
other shops at Lido Isle as well.
Please let me know if you need any additional information.
Sincerely,
Erik Rameson
24 Mar 1998 6:46PM FAX: PAGE 6
EXISTING vs. PROP05I=D NET PUBLIC AREA 6OMPAR150N
`
LEGEND
GROUND FLOOR
AREA DESCRIPTION:
EXISTING
PROPOSED
50. FT.
50. FT.
3690
GROUND FLOOR INT. DINING 4 BAR AREA
®
GROUND FLOOR BANQUET AREA
_
`I522
-
OUTDOOR DINING AREA
2257�
GROUND FLOOR NET PUBLIC, SPACE:
6332
5852
UPPER FLOOR
AREA DESGRIPTION:
1=XI5TING
PROPOSED
SO. FT.
5Q. FT.
UPPER FLOOR BAR 4 ENTERTAINMENT AREA
55,71
21125
ili li!i I111i11�
SMALL MEETING ROOM
516
-
DANC,E FLOOR
400
45q
MISC,.
-
UPPER FLOOR NET PUBLIC SPACE:
42S"1
3384
PRO.IEGT TOTAL NET PUBLIC, AREA:
IObiq
g236
GROUND FLOOR AREA OCCUPIED BY 6AME5
UPPER FLOOR AREA OCCUPIED BY 6AME5
q50 50. FT.
150-7 50. FT
TOTAL Fl-OOR AREA OGGUPIED BY GAME5 I 245-7 50. ETI
Z 2 3':-
(,(,,g.4r,r r".K sNocr A-0.1)
T. 15.
24 Mar 1998 6:47PM FAX: PAGE 7
EXI5TIN6 4 PROPOSED 5EATING G,APP.BILITIE5
5EATINb
EXISTING
PROPOSED
CAPABILITIES
# SEATS
# 5EAT5
IST FLOOR
AREA DESCRIPTION
MAIN DINING/BAR
105
107
BANQUET DINING
75
-
GAMi=5 AREA
54
PATIO DINING
124
155
TOTAL SEATING
307
21q
CAPABILITY
2ND FLOOR
AREA DESGRIPTION
BAR/DANCE AREA
17q
I2b
6AME5 AREA
q"7
TOTAL SEATING
17q
225
CAPABILITY
TDT,4L5
524
524
(4NART From SNFET A 0.1.
24 Mar 1998 6:47PM
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PAGE 8
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124 Mar 1998
6: 47PM
I9.11M
PAGE 9
3-14-1998 1.02PM
FROM TAB TECH 8OSS769802
Frequency Range
80Hs To 16kHz (with active equalization}
Model 25 Versions
Active Equalization
• 70V, 26 Watt
• 100V, 25 Watt
• 8.0. 25 Watt, no transformer
Passive Equalizarion
• 41, 25 Watt. no transformer
Sensitivity'
Active Equalization
91d6-SPL, 1 W, 1m (speech)
66dB-SPL, 1w, I (music)
Passive Equalization
86.9dB-SPL, 1W, 1m
Maximum Acoustic Output"
104dB-SPL average (speech)
99dS-SPL average (music)
Beamwidth (-6dh point)
132-conicaf (average, 1-41<1-12)
Long -Term Power Handling°
25W continuous
Dimensions
9.12' (M x 6' (D) X 5.6' (F1)
(2$cm(4%jx16cm(D)x14cm(i�}
enclosure
Weight
5 lb (2.3 kg)
Mounting Hardware
"Quick Install" "U" bracket and hardware
are included with each loudspeaker
'Full oondwidth pink noise is BppOed to the FreeSpaoe system controller and amplified to a level a! the
loudspeaker terminals oortotNriding to t Watt at rolarenead to tho nominal impedance. The average
sound pressuro lavol [06-SPU is measured at t meter from the speaker in an anechoic environment.
'Full bandwidth pink noise is applied to the FrettSpade sysiam contrdler and ampl,noo to a level at the
loudspeaker terminals corresponding to the tong -term rated power ndling of the speaker. The average
wand gm§wrti lavol (dB-SPL) is moaliufdc ai 1 niBler UQM the SrPAOr in an e0eenoic environment.
'Full nandwidth noise, meeting the International E!actrotochnical commission standard S268-5 is
aonlied to the. Fre SoAn. R TYm mmunlip, nrfl amnlifiad to A Irx41 nl -.h. In.u•ItswaLw• twminarc
AW r
The hose' FreeSpsce- Modal 25
loudspeaker is a 25 Watt loudspeaker
designed for surface -mount installations
in commercial spaces where flush -mount
ceiling installation is not feasible. It offers
the following features:
• A 4.5' Bose HVC (Helical Voice
Coil) driver with active equalization,
providing reliable high quality
sound in a compact enclosure
• A multi -tap line transformer that
provides easy to change tap settings
for 21,V, 4W. SW, 16W, and 25W
(available or, 70V and 1 GOV versions)
• Mounting hardware that permits
fast and easy installation
• Simple design available in black or
White will blend with any decor and
can be painted to match any interior
All hardware and installation Instructions
are included with the loudspeakers.
The loudspeakers may be mounted
horizontally or vertically using the "U"
mounting brackets. which attach to
the internal threaded inserts. The
loudspeaker slips easily into the
mounting bracket and can be tilted.
24 Mar 1998 6:48PM FAX: PAGE 18
r
3-14-1098 1:02PM
FROM TAB TECH S053769802
Horizontal and vertiesl mounting positions
Either the 70 Volt,100 Volt, or 8.Q versions
can be part of a distributed sound
system when used in conjunction with
the FreeSpace` BMA-125 business
music amplifier or when used with the
FreeSpace system controller and a
comparable amplifier. The 4n version
is passively equalized and therefore
does not require the FreeSpace system
controller. This version also includes a
1 /4- (6 mm) phone jack. All versions
meet all regulatory standards for surface -
mount loudspeakers and are U.L_ listed
as vandal resistant.
The Model 25 loudspeaker is electrically
and acoustically compatible with Model
32 loudspeakers. This permits the use of
a mix of FreeSpace Model 25 and Model
$2 loudspeakers using the FreeSpace
system controller where desirable.
The mix of the Model 25 and Model 32
loudspeakers can be connected to the
Model32 equalized amplifier output of
the FreeSpace system controller.
The Model 25 is packaged two units
per carton to allow for greater system
configuration flexibility.
0ofa C NPuraW, prprrJdunbi Pre0uck5 oN6:on. the M WntO�p, PmMinghatn, MA 01701-9166 USA
TEL 608! 879-7030 FA!( 60918%4ro;5 t
eoA Voov mare matributedv dd»;d2.
wmM.": b..t 10"AAW wnhow Mum 13 r js a'didwod tiara' meet at 0666 coroor-fOr
P_ 2
The loudspeaker is a 25 Watt ported
loudspeaker system utilizing one 4.5"
full -range driver mounted on the frontal -
facet baffle assembly_ The driver shall
have a rated impedance of 2f2 (except
the 4Q and 80 versions) and' be wired
in parallet with a line voltage -matching
(stepdown) transformer with level
selector appropriate for various output
taps. The 4.0 and,&a versions are in-
tended for direct connection to unequal-
ized low impedance amplifier sources.
The loudspeaker shall have a twin -
ported vent system, with a maximum
acoustic out6ut of 104dB-SPL from
80kHz to 16kHz, with measurements
referenced to a full -bandwidth pink
noise input at 1 meter at 'he loud-
speaker's rated power_ The input
connection shelf consist of a barrier strip
-Screw" Type' erminal_ its power han-
dling capability shall be 2, e, 8, 16, or 25
1Vatts continuous power when refer-
enced to IEC noise for 100 hours. The
nominal coverage shall be 1327 conical.
The loudspeaker shall be the Bose'
FreeSpace Mode! 25 loucspeaker.
All versions of the Bose FreeSpace
Model 25 loudspeaker are covered by
a 5-year, transferable limited warranty.
'r-
' `p1L
r,
Marc Myer
Associate Planner
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92658-8915
Dear Marc,
The following is in response to the proposed renovation:
The renovation of the Warehouse Restaurant is good for the community of Newport
Beach in general and will help to enrich the surrounding vicinity. The proposed
renovation will update and improve the Warehouse Restaurant thereby attracting a more
upscale clientele. This renovation will improve the image of the Lido Isle Village by
restoring the existing facilities and becoming a draw to the village. This renovation will
make the Restaurant a more viable business and will increase commerce at all of the
neighboring businesses and shops, thereby benefiting the entire community of Newport
Beach.
The proposed use substantially conforms to the existing approved conditions for the
facility that we obtained. The only tangible change that we are proposing is the addition
of an entertainment component, to extend the length of stay. This would affect the area in
a positive manner by encouraging people to dine and recreate in a clean, wholesome
environment.
The following is in response to outdoor live entertainment:
We also believe that live entertainment should be continued on the patio dining area. This
use was approved by the Planning Commission with Use Permit No. 1711 (Amended), at
its meeting of July 17, 1975, which permits the addition of live entertainment on the patio
dining area between 10:00 a.m. and 10:00 p.m. daily and that the live entertainment shall
not include any sound amplification or brass instruments. There have been no problems
in the past with outdoor live entertainment at the Warehouse Restaurant and we do not
anticipate having any problems in the future, by complying with the rules set forth in
accordance with the current use permit. We are sensitive to this issue and to our
neighbors and have always been and will continue to be cooperative with the community
regarding this topic. We will of course comply with any and all noise ordinances
governing this issue.
Sincerel
Erik Rameson
Corporate Office: • , , _ �- .. . _ • •.
agWPpRT CITY OF NEWPORT BEACH
O� PLANNING\BUILDING DEPARTMENT
Ia 3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(714) 644-3200; FAX (714) 644-3250
Agenda Item No.:
Staff Person:
Period:
REPORT TO THE PLANNING COMMISSION
PROJECT: J.P.'s of Newport Beach (Erik Rameson, applicant)
3450 Via Oporto
2
Marc Myers
(714) 644-3210
14 days
PURPOSE OF
APPLICATION: Request to allow the re-establishment of the existing Warehouse Restaurant
which included on -sale alcoholic beverages, dancing and live entertainment
as J.P.'s of Newport Beach, a new full service restaurant and entertainment
facility. The application includes alcoholic beverage service, outdoor patio
dining, both indoor and outdoor live musical entertainment and indoor
dancing. The application also includes a request to permit a variety of
interactive and skill games, the use of valet parking service and to waive a
portion of the required parking.
ACTION: Approve, modify or deny:
• Use Permit No. 3626
LEGAL
DESCRIPTION: Parcel 1 of Parcel Map 63-11 (ResubdivisionNo. 477)
ZONE: RSC (Retail Service Commercial)
OWNER: Lido Marina Village, Newport Beach
Points and Authority
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designate the site for "Retail Service Commercial" uses. A restaurant is a permitted use
within this designation. The Land Use Element allocates a maximum square footage based
on 0.3 FAR for restaurant uses.
Environmental Compliance (CaliforniaEnvironmentai Quality Act)
It has been determined that the project is categorically exempt under Class 1 (Existing
Facilities).
• Use Permit and restaurant development standards, procedures and requirements are set forth
in Chapters 20.91 and 20.82 of the Municipal Code.
VICINITY MAP
r� x ✓A� A, Ry
04
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yr.t
\ 4
Use Permit No. 3626,
Characteristics of the Proposed Operation
t uSu eel oper�and�Sttpoatudin Use
Current Development:
is the existing Warehouse restaurant
To the north:
is the Elk's Club
To the east:
is Newport $a
To the south:
is a small restaurant and retail shops
To the west:
across Via Oporto is the previous Thunderbird Restaurant and the Lido Marina Village
Parldng Structure
Use Permit No 3626
Page 2
Characteristics of the Proposed Operation
Existing
Proposed
Restaurant Operation
Restaurant Operation
Gross Bldg Area (sq.ft.):
TOTAL:
17,119 sq.ft,
17,119 sq.ft.
Net Public Area (% of spacey:
Interior:
8,382sq.ft.
7,571 sq.ft.
(44%ofGBA)
Outdoor Patio Dining:
2,237sq.ft.
2,237 sq.ft.
(13%ofGBA)
SUBTOTAL
10,619sq.ft
9,808sq.ft.
Other area:
Restroom, kitchen,
storage and service areas:
6,500sq.ft.
5,359sq.ft.
(31%ofGBA)
Floor area occupied by games:
n/a
1,952 sq.ft.
TOTAL AREA (net public area
including area of games):
10,619 sq.ft.
11,760 sq.ft.
(area used to
determine
parking)
Parking Provided:
200 spaces; 11:00 a.m. to 6:00 p.m.,
200 spaces; 11:00 a.m. to 6:00 p.m.,
daily, 175 spaces after 6 p.m.
daily, 175 spaces after 6 p.m. Monday
Monday through Friday; and all day
through Friday; and all day Saturday,
Saturday, Sunday and holidays
Sunday and holidays
Required Parking for restaurants'
213 to 354 spaces
236 to 392 spaces
(1130 to 1150 sq.ft. of "net public
area")
Allocated to Subject Restaurant:
175-200 spaces
175-200 spaces
Allocated to other uses on-site:(Lido
Village)
220 spaces
220 spaces
TOTAL:
395 spaces
395 spaces
Staff Recommendation:
175 spaces
175 spaces
10,619 sq. ft. net public area
11,760 sq.ft net public area.
(no area dedicated to games)
(including area of games)
(waiver of 90 spaces if parked at
WAIVER OF119PARKING
1/40 sq. ft. n.p.a.)
SPACES (if parked at 1/40 sq. ft.
n.p.a.)
Live Entertainment:(indoor/outdoor)
YES
YES
Dancing: (indooronly)
YES
YES
Valet Parking Service:
YES
YES
Number of Employees:
(15-40 daytime, 20-60 evening shift)
Hours of operation:
11:00 a.m. to 2:00 a.m. Monday
10:00 a.m. to 2:00 a.m., daily
through Saturday,10:00 a.m. to
2:00 a.m. Sunday
s Area devoted to waiting and dining within the facility.
3 Based on the requirements ofthe NewportBeach Municipal Code Regulations
Use Permit No 3626
Page 3
Analysis
The restaurant facility is located in Lido Marina Village and currently contains approximately
17,119t gross sq. ft. The project involves remodeling and reconfiguring the interior floor area of
the existing facility to accommodate entertainment in the form of interactive video games, pool
tables, live musicians and dancing in addition to the food service. The first floor of the restaurant
facility will consist of a dining area, bar, restrooms, offices, storage area, kitchen and related
restaurant service areas, and billiards tables and interactive video games. The second floor will
consist of more interactive video games, dining areas, a bar, dance floor, bandstand and restrooms,
As proposed, the remodel will encompass the entire interior portion of the building and some minor
exterior facade changes. The alterations will result in an increase in the "net public area" of the
restaurant. However, if the areas occupied by games are excluded from the calculation, then there
is a decrease in the net public area of the restaurant devoted to dining. Staff discusses the impacts
of these alternatives later in the report. Approximately 7,571 sq. ft. of the floor area will be utilized
for indoor dining and 2,237 sq. ft. will be used for outdoor dining. The parking for the subject use
is located across Via Oporto in the Lido Marina Village parking structure. In review of this
application, staff has analyzed issues related to:
• net public area determination;
• off-street parking;
• waiver of off-street parking;
valetparking;
• hours of operation;
• outdoor dining area;
• noise;
• live entertainment; and
• neighborhood compatibility
Net Public Area Determination
Section 20.72.060 (E) of the Municipal Code defines net public area as "the total area of a
restaurant, bar or theater/nightclub excluding kitchen, restrooms, offices pertaining to the use only
and storage areas," Section 20.72.060(A)lc of the Municipal Code further provides that the
physical design characteristics of the use may include other areas which should be logically
excluded from the determination of net public area.
The facility will include various amusement devices including pool tables, arcade games and
interactive video games. The applicant has identified these as a permanent characteristic of the
restaurant use/entertainmentfacility. Although some games require the player/participantto get in
or on the game apparatus, the actual game structure does occupy floor area which would not be
occupied concurrently by a restaurantpatron. Therefore, the applicant wishes to discount this area
from the net public area calculations to determine the parking requirement or to receive a waiver of
a portion of the parking requirement.
Use Permit No 3626
Page 4
The areas occupied by the games are not specifically excluded by the Municipal Code provisions,
and findings can be made that would include these areas in the determination of net public area
pursuant to Section 20.66. Since games will be located throughout the entire facility and may be
used by restaurant patrons, persons waiting to be seated and others, game areas have typically been
included in the net public area calculation. Should this business cease to exist, or if the proposed
game locations are no longer utilized for interactive video arcade devices, the area would most
likely be converted to additional dining area which would trigger an increase in the parking
requirement. By including the areas that are occupied by games in the net public area, any future
change would .be accommodated by the parking approved with this use permit and would not
require an amendment to the use permit (unless it became additional bar or lounge area). If the area
of the games is excluded, more of the parking requirement could be met, but some difficulty may
exist for Code Enforcement's monitoring the use of the facility. Therefore, staff is of the opinion
that the arcade area cannot be logically excluded from the determination of net public area and
should be included in determining the parking requirement.
Off -Street Parkin
The Lido Marina Village parking structure contains 395 parking spaces. An off -site parking
agreement has been recorded which provides for the permanent use of the parking structure. The
existing restaurant is required to provide 175 parking spaces in the Lido Marina Village parking
structure after 6:00 p.m. daily and on weekends and holidays, as established in conjunction with the
approval of Use Permit No. 1711. This parking requirement is based on the old restaurant standard
of 1 space for each 3 occupants. In addition,, the existing restaurant provides 200 parking spaces
between 11:00 a.m. and 6:00 p.m. Monday through Friday and validates parking for persons who
choose to self -park. The applicant has recently obtained written authorization from the owners of
the parking structure allowing the facility to utilize the parking structure during the peak lunch
hours as well as evening hours for valet parking purposes. These parking rights are non-exclusive
and shared with other Lido Marina Village tenants.
Off-street parking requirements for eating and drinking establishments are governed by the
provisions of Section 20.66.070 of the Municipal Code. That section requires the Planning
Commission to establish the off-street parking requirement for these establishments within a range
of one space for each 30 to 50 square feet of net public area based on various considerations such as
physical design characteristics, operational characteristics and the location of the facility. Based on
the "net public area" of the existing restaurant, the parking requirement could vary from 213 spaces
to 354 spaces. Therefore, the existing restaurant as currently approved is nonconforming with
regard to the current off-street parking standards.
Staff is of the opinion that this type of restaurant will generate the need for one parking space for
each 40 sq. ft. of "net public area." This is the parking ratio most commonly used by the Planning
Commission, and staff does not find any unusual design or operating characteristics that would
increase the parking demand in this case. A ratio of one space per 43 sq. ft. was used for the
Speedway Restaurant, which also includes video games. Since the addition of the proposed
interactive video games to this restaurant will actually result in a decrease in the area used for
dining, the proposed use is not anticipated to have a higher parking demand than the previous
Use Permit No 3626
Pages
establishment at this location. Additionally, walk-in patrons are expected from the neighboring
area including a number of multiple user patrons that utilize the parking structure when shopping
the commercial uses in Lido Marina Village.
If the area occupied by games is excluded from the calculations, based on a parking ratio of 1/40 sq.
ft. of net public area, 245 spaces will be required. However, if the game area is included in the net
public area calculation as staff suggests, the parking requirement will be 294 spaces.
Since this pool of available parking is located in close proximity to the subject restaurant, staff
suggests that the area occupied by games be included in the net public area calculations and that a
waiver of 119 spaces be considered.
Waiver of Off -Street Parking Requirements
Since 175 parking spaces in the parking structure are allocated to the restaurant in the evening, the
applicant is requesting a waiver of 70 to 119 parking spaces, depending on whether the games are
included in the net public area calculation.
Chapter 20.66.10 states that a use permit may be approved by the Planning Commission to modify
or waive the number of off-streetparking spaces required by the terms of this chapter if one or more
of the following conditions are met:
1. A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the site or sites.
2. The site is subject io two or more uses and the maximum parking requirementsfor such
uses do not occur simultaneously.
3. A parking management plan for the site has been approved by the Planning
Commissionpursuant to Section 20.66.100 (B).
4. The Planning -Commission makes the followingfindings:
a) The parkingdemand will be less than the requirement in Section 20.66.030.
b) The probable long-term occupancy of the building or structure, based on its
design, will not generate additional parking demand.
Staff is of the opinion that finding number 2 can be made in this case. The restaurant is located
within the Lido Marina Village commercial area, which is served by a parking structure with 395
spaces. The commercial village contains a mix of retail, office and food uses in addition to the
proposed facility. The maximum parkingrequirements for those uses witlun the commercial village
do not occur simultaneously since the uses which occupy the commercial village are a mixture of
retail, office and food service uses. Patrons and employees of these uses arrive and depart the site
at various hours of the day, providing for efficient utilization of the parking available for the
project.
Use Pem! No 3626
Page 6
Although the parking structure does not provide a surplus number of parking spaces considering all
the uses it serves, staff has observed a large number of vacant spaces due to the fact that the peak
parking demand for many of the commercial businesses in Lido Marina Village does not occur
simultaneously. Based on staffs observations, the parking structure appears under-utilized during
the peak lunch time and evening periods. Consistent daytime use has been observed on the first
and second floors of the parking structure only. A majority of the office and retail uses are closed
in the evening, resulting in a surplus of available parking after 6:00 p.m. On Friday and Saturday
nights between the hours of 8:00 and 9:00 p.m., there have been less than fifty cars in the entire
parking structure. There is also a Municipal Parking lot on the corner of Central Avenue and Via
Oporto and additional on -street parking along Central Avenue. Staff feels that there will be an
adequate amount of spaces available during the restaurant's hours of peak demand since the
proposed use is a restaurant while many of the commercial village uses are retail.
Additionally, finding 4(b) can be made because long-term occupancy of the commercial
development, based upon it design, will not generate additional parking demand since the village
consists more of conventional retail/office type structures designed for those uses. Only occupancy
dominated by eating and drinking establishments would alter this circumstance, and the City has
the ability to control the restaurant type uses approved for the Lido Marina Village area.
Valet Parking
The applicant has indicated a desire to provide valet parking service on a limited basis in
conjunction with the restaurant. The intent is to provide the parking structure for self -parking on a
regular basis, with the use of valet parking during peak periods so that the restaurant facility may
obtain maximum parking potential in the parking structure. The valet/passenger drop-off area will
be located along Via Lido in front of the restaurant. No significant conflicts are anticipated, due to
the convenient location of the parking structure. The ingress/egress to said parking structure is
provided from Via Lido Drive and Central Avenue which run parallel and perpendicular to Via
Oporto. The final valet parking operational plan shall be subject to the approval of the Traffic
Engineer. Staff has no objection to the voluntary use of a valet parking service.and has included a
condition for approval requiring that the applicant submit a valet parking plan for review and
approval of the City Traffic Engineer prior to implementation. It should be noted that a condition
of approval has been included to require that the valet parking service be complimentary.
Hours of Operation
The previous business operated for lunch and dinner -service with hours of operation from 11:00
a.m. to 2:00 a.m., Monday through Saturday and from 10:00 a.m. to 2:00 a.m. on Sundays. The
applicant has requested a slight expansion of the hours to 10:00 a.m. to 2:00 a.m., daily. Staff has
no objection to these hours of operation since the request is to open 1 hour earlier in the morning,
and there are no residential uses in the area that would be impacted by this change. Since the
applicant has indicated that the facility will operate as a full service restaurant, staff recommends
that the full dinner menu be available until closing. Should the food service be closed at any time
Use Permit No 3626
Page 7
during the day, the facility would stop operating as a restaurant and become a bar under current
Code definitions (a place of business where the principal purpose is the sale and service of
alcoholic beverages, Section 20.87.033 of the NBMC). Since this approval is for a full service
restaurant, any change to allow the operation as a bar would require an amendment to this use
permit.
OutdoorDinin�
The application includes a request to allow the continued use of outdoor patio dining on the
southeast side of the restaurant facility. The area of the patio is 2,237 square feet and is included in
the net public area of the restaurant. The size and location of the outdoor dining area seems suitable
with the building since the primary outdoor dining area is located on the east side of the facility
between the subject and adjacent buildings, with only a few tables located on the north side of the
building adjacent to the bay. Since the primary location of the outdoor dining area does not orient
toward the uses across Newport Bay, staff is not opposed to closing hours consistent with the
indoor portion of the facility and the previously approved use permit. Additionally, noise related
activities (live entertainment and outdoor speakers) are addressed by the conditions of approval so
that the 2:00 a.m. daily closing hour should not impact area business owners or residents. Finally,
staff has no record of complaints from the use of this area for outdoor dining by the previous
restaurant.
Noise
The proposal includes a sound system with speakers located throughout the building and the
outdoor patio for background music. Staff is concerned that the amplification equipment (public
address systems) and audio equipment together with the arcade games could generate noise which
may impact the surrounding area. Noise associated with the facility's dining areas and speaker
system could disturb adjacent businesses and commercial and residential uses located across
Newport Bay. The speakers will be spaced at 15 ft. intervals throughout the outdoor patio area.
The proposed speaker is a low watt speaker designed for outdoor commercial application. The
frequent spacing and increased number of speakers will actually decrease the overall noise level
since the sound frequency has less distance to travel between speaker locations resulting in a lower
volume level. The fact that the primary dining on the outdoor patio is located on the east side of
the building, and not directly facing commercial or residential uses across the bay, should also
prevent noise problems related to the background music. In order to minimize noise problems
associated with such use, staff has recommended conditions of approval as follows:
Require the doors and windows of the building be closed at all times to
prevent noise emanating from the interactive games and general restaurant
operation.
Restrict the use of outside speakers to the patio dining areas of the
restaurant only, and not allowed within any other area outside of the
building.
Use Permit No 3626
Page 8
• Require the sound system to be restricted to pre-recorded music only and
not in conjunction with the sound system of the live entertainment or the
paging of patrons.
• Require that the sound system be designed and utilized to comply with the
provisions of the Community Noise Ordinance.
• Require the use of the outdoor live entertainment to cease at 10:00 p.m.,
daily.
This should confine any noise generated by the facility to the site only. Staff has also included
conditions of approval which require that a noise study be performed, at the Planning Director's
discretion, should noise complaints arise in the future
Live Entertainment
The applicant has requested approval of indoor and outdoor live entertainment as previously
approved. The indoor live musical entertainment will take place on the second floor near the dance
floor. The number of musicians will vary, but is expected to be between 1- 4 persons. The types of
instruments will vary depending on the individual musicians. The indoor live entertainmentwill be
amplified, but the windows and doors of the structure shall remain closed at all times. The outdoor
entertainers are anticipated to be small combos with a maximum of three persons with no sound
amplification. Noise associated with the entertainment could disturb commercial and residential
uses located adjacent to the site. In order to address these concerns, staff has included conditions of
approval which require the following:
• The windows and doors shall remain closed during the performance of the
live entertainment.
• Live entertainment on the interior of the building shall be limited to the
hours of 9:00 p.m. to 1:30 a.m. only.
• Amplification of the interior live entertainment shall be permitted so long as
it is confined to the interior of the restaurant with the doors and windows of
the building closed during performances.
• The outdoor patio live entertainment shall be limited to the hours of 10:00
a.m. to 10:00 p.m. daily, and the entertainment shall be limited to non -
amplified acoustical instruments only, with one or two performers
maximum. No sound amplification, brass or percussion instruments shall
be permitted at any time.
• The indoor and outdoor live entertainment shall be conducted in such a
way as to comply with the provisions of the Community Noise Ordinance
requirements.
Staff believes that based on the orientation of the building relative to Lido Marina Village, the
location of the live entertainment on the northeast side of the interior of the building, the
restrictions on the instrumentation and limited hours of the outdoor live entertainment, noise
concerns have been adequately addressed by the conditions of approval as recommended.
Use Permit No 3626
Page 9
Neighborhood Compatibility
The subject site has historically housed facilities which have been in the business of serving food
and alcoholic beverages to the public. The Police Department points to the fact that the use which
currently occupies the site, on occasion has been a disturbance to the surrounding commercial and
residential neighborhoods. The Police Department has indicated that in 1994 and 1995 a number of
incidents occurred related directly to this and the previous neighboring establishments (Thunderbird
and Bacchus). These problems were associated with the use of the subject facility as a
bar/nightclub.
Some of these problems already had been mitigated by the closing of the previous neighboring
establishment. The proposed establishment will have more family appeal as a result of the games.
In addition, conditions of approval require it to be a full service restaurant and not a bar or
nightclub. Conditions in the exhibit for approval include a limitation on the hours of operation and
the prohibition of outside promoters, unless an amendment to this use permit is first approved.
Although there is an over -concentration of liquor licenses in Census Tract 635.00 and criminal
activity in Police Reporting District 15 which is 65 % above the citywide average, this proposal is
for the re-establishment of an existing restaurant and does not represent an increase in the number
of liquor licenses in the area. In working with the applicant, staff of both the Police and Planning
Departments have emphasized the need for the management to exercise adequate control of its
patrons and employees to prevent the previous problems of noise and excess alcohol consumption.
If the restaurant is operated in this manner, the project should not have a detrimental effect on the
neighborhood nor result in a significant demand for police services. It should be noted that the City
has received cooperation from the business owner regarding problematic issues; however, if the
operator's control should not adequately prevent problems from occurring, Condition of Approval
No. 26 provides for the Planning Commission to add or modify conditions of approval, or
recommend that the City Council revoke the use permit.
Recommendations
Section 20.91.035 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.
In this particular case, based upon the analysis contained in this report, staff is of the opinion that
the findings for approval of the use permit can be made for the proposed full -service restaurant
facility and parking waiver since the parking requirement for the site can be adequately served by
the pool of parking available in the structure. Because of the building's location in a commercial
shopping area, with no nearby residential uses, there is little potential for problems associated with
hours of operation and noise generated by the proposed restaurant operation. The orientation of the
Use Permit No 3626
Page 10
proposed restaurantwith the outdoor dining patio area turned away from Newport Bay also protects
against impacts on neighbors. Finally, the recommended conditions of approval, which include
restrictions on the live entertainment, outdoor paging and speaker systems, should control impacts
on neighboring properties in the vicinity.
Should the Planning Commission wish to approve Use Permit No. 3626, the findings and
conditions of approval set forth in the attached Exhibit "A" are suggested. However should the
Commission desire to deny this request, the findings set forth in the attached Exhibit "B" are
suggested.
Submitted by:
SHARONZ. WOOD
Assistant City Manager
a
Attachments: Exhibit "A"
Prepared by:
MARC W. MYERS
Associate Planner
Exhibit "B"
Letter from the tenants of Lido Marina Village
Map of Lido Village
Plot Plan, Floor Plan and Elevations
F:\USERS\PLN\SHARIED\IPLANCOM\1998\04-23\up3626z.doc
Use Permit No 3626
Page 11
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use Permit No. 3626
Use PermitNo. 3626
Findings:
1. The proposed development is consistent with the General Plan and is compatible with
surrounding land uses.
2. 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 and a restaurant is a permitted
use within this designation.
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class I (Existing
Facilities).
4. The request of Use Permit No. 3620 to waive a portion of the required parking may be
approved for the following reasons:
• The proposed restaurant/entertainment facility is located in a multi -tenant
commercial village which is comprised of uses whose parking demand does not
occur simultaneously.
• The long term use of the commercial village will not generate a parking demand
which could not be accommodated by the parking structure unless a higher
concentration of food uses were to occupy more of the buildings in Lido Village
which would generate additional parking demand.
• Adequate off-street parking spaces exist in the parking structure for the benefit of
the proposed restaurant facility and the other uses in the Lido Marina Commercial
Village to accommodatethe proposed change in the restaurant facility.
• A municipal parking lot is located in useful proximity of the proposed use.
5. The approval of Use Permit No. 3626 to allow the establishment of the restaurant facility
will not, under the circumstances of the case be detrimental to the health, safety, peace,
morals, comfort and general welfare of persons residing or working in the neighborhood or
be detrimental or injurious to property or improvementsin the neighborhood or the general
welfare of the City for the following reasons:
The restaurant use is compatible with the surrounding commercial uses since
restaurant uses are typically allowed in commercial districts and conditions of
approval have been incorporatedwhich will minimize noise impacts.
Use Permit No 3626
Page 12
The restrictions on the use of outdoor live entertainment and patio speakers should
limit potential noise impacts on the neighboring commercial businesses and
residential uses.
Conditions:
That development shall be in substantial conformance with the approved site plan, floor
plan and elevations, except as noted below.
2. That 200 parking spaces shall be provided for the daytime operation and 175 spaces shall be
provided for the evening operation in the Lido Village parking structure,and that a waiver of
119 parking spaces shall be granted.
The valet parking service and.the'use of the parking structure shall be providedat no charge
to the patrons of the restaurant.
4. That grease interceptors shall be installed on all fixtures in the restaurant where grease may
be introduced into the drainage systems, unless otherwise approved by the Building
Department and the Public Works Department.
5. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of
the Building Department.
6. That the proposed restaurant facility and related parking structure shall conform to the
requirements of the Uniform Building Code.
7. That the project shall comply with State Disabled Access requirements.
8. That speakers located in the outdoor dining area of the restaurant shall comply with the
provisions of Chapter 10.26 of the Newport Beach Municipal Code. Should any music
emanating from the patio speakers or indoor live entertainmembe heard across Via Oporto
or the surrounding property lines, the patio speaker volume shall be reduced as determined
by the Planning Director, to eliminate any noise impacts. Further, that the speakers shall
not be utilized in conjunction with the sound system of the live entertainment or paging of
patrons. The outdoor speakers will be utilized for ambient background noise and shall be
limited to pre-recorded music only.
9. That the applicant shall retain a qualified engineer specializing in noise/acousticsto monitor
the soun& generated by the live entertainment to insure compliance with these conditions, if
required by the Planning Director.
10. That a valet operations plan shall be reviewed and approved by the City Traffic Engineer.
11. That valet vehicles will not be allowed to block the roadway. The valet parking lanes
operation shall be monitored at all times by the applicant's representatives at the site. If
Use Permit No 3626
Page 13
back-ups occur, the incoming customers shall be directed to bypass the facility. If a traffic
congestion problem occurs on Via Oporto related to the restaurant facility that is not
immediately corrected, the Planning Commission may recommend to the City Council
revocation of this Use Permit
12. That all improvements be constructed as required by Ordinance and the Public Works
Department.
13. That no outdoor television monitors shall be permitted in conjunction with the restaurant
use.
14. That outside promoters of any kind shall be prohibited unless an amendment to this use
permit is first approved.
15. That security shall be provided, and that the applicant shall submit a security plan for the
restaurant to be approved by the Police Department prior to building occupancy.
16. That all employees shall park in the parking structure.
17. That the hours of operation shall be limited to 10:00 a.m. to 2:00 a.m. daily.
18. That all trash shall be stored within the building or within dumpsters stored in a trash
enclosure, or otherwise screened from view of neighboring properties except when placed
for pickup by refuse collection agencies. The trash dumpsters shall be fully enclosed and
roofed and the top shall remain closed at all times, except when being loaded or while being
collected by the refuse collection agency.
19. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors
which may include the provision of fully self contained dumpsters or may include periodic
steam cleaning of the dumpsters, if deemed necessary by the Planning Department.
20. That the project shall be designed to eliminate light and glare spillage on adjacent uses.
21. That a covered washout area for refuse containers and kitchen equipment shall 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 Director and the Public Works
Director in conjunction with the approval of an alternative drainage plan.
22. That all mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets within the limits authorized by this permit, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code,
CommunityNoise Control.
23. That dancing and live entertainment shall be permitted only in accordance with a Cafe
Dance Permit and Entertainment Permit issued by the Revenue Manager in accordance with
Title 5 of the Newport Beach Municipal Code.
Use Pennit No 3626
Page 14
24. That the indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m.
only and that noise from the proposed live entertainment shall be confined to the interior of
the building, and further that the doors and windows of the facility shall remain closed
whenever live entertainment is performed within the restaurant facility.
25. That outdoor live entertainment shall be limited to the hours of 10:00 a.m. to 10:00 p.m.
daily, and the entertainment shall be limited to non -amplified acoustical instruments only
with two performers maximum. No sound amplification, brass or percussion instruments
shall be permitted at any time.
26. That should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the current
business owner, property owner or the leasing company.
27. 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.
28. 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 3626
Page 15
EXHIBIT "B"
FINDINGS FOR DENIAL
Use Permit No, 3626
Findings:
1. The approval of Use Permit No. 3626 will, under the circumstances of the case be
detrimental to the health, safety, peace, morals, comfort and general welfare of persons
residing or working in the neighborhood or be detrimental of injurious to property or
improvements in the neighborhood or the general welfare of the City for the following
reasons:
• The application provides for the service and on -site consumption of alcoholic beverages
in an overconcentrated area.
• Adequate parking is not available on site for the proposed use and the resulting parking
demand cannot be accommodated by the available parking structure and will be
detrimental to the surrounding properties.
• Noise impacts of the use, including the dining, games and live entertainment will
adversely affect the neighboring commercial and residential uses.
• Findings for a waiver of 119 required parking spaces cannot be made.
Use Permit No 3626
Page 16
April 15, 1998
City Council Members
City of Newport Beach
Newport Beach, CA 92663
We, the business owners in Lido Marina Village, have taken great sales losses compared
to last year. The city of Newport Beach has shared those losses through the resultant
reduction in sales tax revenue. We would never expect the City to be able to help deal
with El Nino and with the major work on The Arches interchange, which have both kept
our potential customers away. There is another major factor that you could help with,
would cost you no money and would, in fact, bring more money into the City.
The major tenant in Lido Marina Village, the Warehouse Restaurant, has closed to make
some exciting renovations. While they are closed we lose a great number of sales, some
estimating 50% of our business, which come from their customers who wander the
Village either before or after dining. The Warehouse Restaurant owners are in the
process of getting the various City permits required for renovation and re -opening.
We, are asking that you help speedup the process of permit review for them. It is fully
understandable that things like this take time, but I know other cities have a Fast Track
process to help move the permits along much faster instead of, for example, requiring
them to wait a month between reviews for minor alterations.
It is not just the Warehouse owners who are being hurt, but all their employees, all of the
other stores in the Village, all of our employees and, of course, the City. Please help us
all and encourage the fastest possible permitting reviews. Thank you.
Whe
Organiwtion
1I
April 15,1998
City Council Members
City of Newport Beach
Newport Beach, CA 92663
We, the business owners in Lido Marina Village, have taken great sales losses compared
to last year. The city of Newport Beach has shared those losses through the resultant
reduction in sales tax revenue. We would never expect the City to be able to help deal
with El Nino and with the major work on The Arches interchange, which have both kept
our potential customers away. There is another major factor that you could help with,
would cost you no money and would, in fact, bring more money into the City.
The major tenant in Lido Marina Village, the Warehouse Restaurant, has closed to make
some exciting renovations. While they are closed we lose a great number of sales, some
estimating 50% of our business, which come from their customers who wander the
Village either before or after dining. The Warehouse Restaurant owners are in the
process of getting the various City permits required for renovation and re -opening.
We are asking that you help speed up the process of permit review for them. It is fully
understandable that things like this take time, but I know other cities have a Past Track
process to help move the permits along much faster instead of, for example, requiring
them to wait a month between reviews for minor alterations.
It is not just the Warehouse owners who are being hurt, but all their employees, all of the
other stores in the Village, all of our employees and, of course, the City. Please help us
all and encourage the fastest possible permitting reviews. Thank you.
None
Oi�ni7ation
April 15, 1998
City Council Members
City of Newport Beach
Newport Beach, CA 92663
We, the business owners in Lido Marina Village, have taken great sales losses compared
to last year. The city of Newport Beach has shared those losses through the resultant
reduction in sales tax revenue. We would never expect the City to be able to help deal
with El Nino and with the major work on The Arches interchange, which have both kept
our potential customers away. There is another major factor that you could'help with,
would cost you no money and would, in fact, bring more money into the City.
The major tenant in Lido Marina Village, the Warehouse Restaurant, has closed to make
some exciting renovations. While they are closed we lose a great number of sales, some
estimating 50% of our business, which come from their customers who wander the
Village either before or after dining. The Warehouse Restaurant owners are in the
process of getting the various City permits required for renovation and re -opening.
We are asking that you help speed up the process of permit review for them. It is fully
understandable that things like this take time, but I know -other cities have a Fast Track
process to help move the permits along much faster instead of, for example, requiring
them to wait a month between, reviews for minor alterations.
It is not just the Warehouse owners who are being hurt, but all their employees, all of the
other stores in the Village, all of our employees and, of course, the City. Please help us
all and encourage the fastest possible permitting reviews. Thank you.
W
Name
Ci9RU
Organimtion
iL
ame
LyN �U A Ca v iN�rJ�Jc�i
Organimtion
re
Organimtion
11
rl�i
o
Lol
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GENERAL CONTRACT NOTES
GENERAL CONTRACT NOTES (CONT.)
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XXIX. PARKING FACILITIES.
29.01 Landlord hereby grants to Tenant a non-
exclusive easement in, over, on and across the Parking
Facilities described in Exhibit "B" for automobile parking
and pedestrian and automobile ingress and egress to and
from said Parking Facilities.
Tenant shall be entitled to
unlimited parking in said Parking Facilities for its cus-
tomers after 6:00 P.M. on each day, free of any charge
whatsoever, either to Tenant or its customers. •Between the
hours of 11:00 A.M. and 6:00 P.M. of each day, Tenant shall
be entitled to have its customers park two hundred (200)
cars in said Parking Facilities at no cost to either Tenant
or its customers. Landlord shall charge any cars parked
by Tenant's customers in said Parking Facilities in excess
of two hundred (200) during the hours between 11:00 A.M.
and 6:00 P.M. of each day, the posted public parking charge
less thirty-five percent•(35%).
All Tenant's parking rights in said Parking
Facilities shall be non-exclusive and held in common with
other Tenants of the LIDO VILLAGE CENTER. This alloca-
tion of Parking Facilities shall be considered sufficient
and reasonable for the efficient operation of Tenant's
nn_ana_frmm._the, rllet Lgigd Premises for
purposes of this Lease.