HomeMy WebLinkAbout506 31ST ST_ALTA COFFEE11111111 lill 11111111111111111111111111, lill III lill
*NEW FILE*
506 31 st St
11 RECEIVLL, o
PLANNING DEPARTMENT
STATE OF,CIIT-0RN,IA—THE RESOURCES AGENCY CITY OF NEWPORT BEACH
%&m enti& Goromor
CALIFORNIA COASTAL COMMISSION MAR 15 1991 Page 1 of 2 .
SOUTH COAST AREA AM palDate:l-7-91 rev. a'_
245 WEST BROADWAY, SUITE 380 71819110111112111213141516 Permit No. 5-90-8
LONG BEACH, CA 90BD2
(213) 590.5071 Ai
COASTAL DEVELOPMENT PERMIT
On November 16, 1990, the California Coastal Commission granted to
this permit subject to the
development consisting of
ons,
Restaurant expansion including bathroom, 200 sq. ft. of patio dining and
increasing indoor service area to ground floor of building with second floor
residential unit. Add 3 parking spaces for a total of 9.
more specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange County at
Issued on behalf of the California Coastal, Commission by
PETER DOUGLAS
Executive Director
0
By: �1�-
Title:
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this permit and agrees to abide
by all terms and conditions thereof.
The undersigned permittee acknowledges that Government Code Section 818.4 which
states in pertinent part, that: "A public entity is not liable for injury caused
by the issuance. . . of any permit. . ." applies to the issuance of this permit.
IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH
THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal.
Admin. Code Section 13158(a).
to
Signature of Permittee
A6: 4/88
COASTAL DEVELOPMENT PERMIT
STANDARD CONDITIONS:
Page 2 of 2
Permit No. 5-90-871
1. Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall. be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must be
made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth in the application for permit, subject to any special
conditions set forth below. Any deviation from the approved plans must be
reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions, of intent or interpretation of any condition
will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site and
the project during its development, subject to 24-hour advance notice.
6. Assignment. 'The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to
bind all future owners and possessors of the subject property to the terms
and conditions.
SPECIAL CONDITIONS:
1. Parking Agreement
Prior to issuance of permit, the applicant shall submit to the Executive Director,
for review and approval, an agreement which indicates that the off -site parking
laocated at 3007 Villa Way will be maintained for the duration of the lease
agreement and that 'no intensification of use of either site can occur without an
amendment to this permit. The agreement shall explicitly state that:
a. All eight (8) (6 uncovered and 2 garage spaces) are to be maintained for
the use of the restaurant/wholesale coffee business located at 506 31st
Street at the off -site location-3007 Villa Way.
b. Nine (9) parking spaces are to be maintained at the project site- 506
31st. Street.
c. The off -site parking is to be preferentially used by the employees;
off -site parking used until all spaces filled, then on -site parking may be
used if necessary.
8697D
COMMERCIAL LEASE ANU UEPOSIT RLUV I
O X . .Q .x...xPSi. .�,.,.�B.AR•t1.�S... .......I .......... ........... .. .............. ....,..„x,.x ...... ,,,..... ....
r
............................................................ as a deposit which, upon acceptance of this' lease, shall bolong to Lessor and shall be appliod,d"s'iallowii;
RECEIVED l PAYABLE PRIOR TO'OCC6PANE:,
e'pejiod from ...A.Qtpb.e;C....1.5 ....19.9.0. to .,..Nave ber...,.15.......1920$.........1.,.r3.0.0 �A...„...„..... • $....r„...„.r . .' ,•� .,.. .�. mquuun.,„nnoniiri
n„ ..
.„�.. month'srant*............................I...............$..................I.........I.x......xw....... $rx.......,..x,,.w,xw.„w ..M ,e
posit.*; ........................................................ .$......... .......„„...... „.„.„.....,.......... ..
•:::;:.... . ................... ....................................:. ♦$„ ..QQ'�'((4./.� „./4/� ....... $„ ......x.x.xxx «.:,.....
r... . . ....I ............................ .. .. ... ........ $.. �'.6..Y. Y..Y..A.Y.M...W $.. ' V.
eve nt•that this lease Is.not accepted by the Lessor within ............. .....1]/..a................................. business days, ,the total deposit received shall bo refunded: ,° s
:hereby offers to lease from Lessor the premises situated in the City of •x` QW..P.Q.9 ....BG.a.G.b.............. County of.orange ............ „_..........
„..„..,;'
California.,.„..„..........., described as .30 0.9... V i 11....h'?}'..........:.._..........
.... ...................
.... „.::.....
....
........................... „...„...........
...
...................
2 „Lots Qld„„build n.95........................................................„.»......„.........„....._......................_.......„.„......,.........................,.„„......I...„..................
gTERMS and CONDITIONS: "' ' ittintzel, Month{ I.tot"Mon'thr'�I•P, `� %0 '
term hereof shall ,commonco on......4..G. P1?.x....1:.rJ..A.........................,.., 10..9.A, and o �ols......,........,...........,................................19...„..
otel'ront shall be.$ .......................................................I payable as follows, ..,)d.�.„Qgl....:tb1~.....19t.„day.,.... a ...,ear�kt:mr�xt 1T.................
0nn1.. Cn1..;A„1., �n n,,n '%., 'W10.:Y"I..
to Owner or his authorized agent, at Ilia following
adndrens0s:./.4. QA 0,s19CY..Y; i.l...Y 999A1ke;SiLP..........
• , •q'!•,„•, a ,�
cos as may be designated by Owner from time to time.
sos are to be used for the operation o1...... ,Sto.nag.e....... &:t.... G.Ek 1exy...,....,Grennhous.er;.»ata.�....P.arkimg:...:................
1 1 i.'J. u. 'r
. u........................ na„morvu„wwm,anu„u u„nxM x... wu„npuuu, x, u,w uo..... nuun,„m
a.A.........................................................................................I......I....
rpose, without prior written consent of Lessor. w`.•
TEDr Lessee shall not use any portion of file premises for purpose's other than those speclfied'h'areinabove, and no use shall be made or permitted
a premises, nor acts done, which will increase the existing rate of insurance upon the properly, or c9so`concatiatlon of Insurance policies covering
a shall not conduct or permit any sale by auction on the premises. • . • • ,' ^ ••• • • • • •• •• ,
AND SUBLETTING, Lessee shall not asshin this lease or sublet any'porlion•of the premises without prior written consent of the lessor, which'
mably withheld; Any such assignment or subletting without consent sholl'be.yold and, at, the option of lho•lossor, may terminate this lease,
AND STATUTES, Lessee shall complY will, all slalules, ordinances and requirements of all municipal, slale'and-federal;authorities now In force;
ter be In force, pertaining to Ilia premises, occasioned by or affecting the use thereof by lessee, The 'common ppomenl or pondgncy„of any slate or
ant proceeding affecting Ilia use of Ilia premisas shall, at Iho option -of lho' Lossor, be downed a broach horooC:"'t '1 •
I;'REPAIRS, ALTERATIONS, Lessee acknowledges that Ilia promises are in good order and rooalr, unless othorwlso indicated horoln. Lessee shall,
and at all times, maintain Ilia premises In good and safe condition, including pplate'glass, oleclriwl'wlring;'pimnbing'and howling Installations and any
pment upon the premises and shall surrender the same, at termination hereof, In as good condition as,recolved,,.nonnal wear opd•tpar• excepted. l
II � a'. d'c II nor, A i • - 4'nn' '-...-f_.-'.-,...'
$e be requited to be maintained by or.
ration of the premises shall be made without the prior written consent of the Lessor. Prior to the commencement of any substantial repair, improve•
shall give Lessor at least 2 days written notice In order that Lessor may post appropriate notices lo'avoid any liability for lions: •
:TIONt Lessee shall permit Lessor or Lessor's agents to enter upo,n'lhe promises at reasonable' limes and upon reasonable nolice, for the
some, and will permit Lessor at any time viilhlo sixty (60) days prior to the expiration of this lease, to,pleco• upon the promises, any.usual 'To
and permit persons desiring to lease file same to Inspect the premises thereafter.
OF LESSOR, Lessor shall not be liable for any damage or inlury to Lessee, or any other person, or tp any properly, occurring on tha demised
of, and -lessee agrees to hold lessor harmless from any clalms fondamages, no matter how'caused: ('`.+,; : r ) :.t''
ssor is unable to deliver possession of tine premises at tine commencement hereof, Lessor shall not be'Ilablo for any damage caused thereby,
i+or Voidable, but Lessee shall not be liable for,pny rent un Ill, possession Is delivered, Lessee maytorminato this loaso If possosslon b not doily+
ys'of,the; commencement of Ilia term hereof. ;r•••
r„at his expense, shall maintain plate glass, public.liabllily podr property damage Insurance insuring;lossoo� and Lessor with ,minimum covarago i
V
5500: CI00 .
or with;a Cerlilicale of' Insurance showing Lessor as addition
alorial change of coverage."'
ermilted.by Insurance policlos•which may be owned by Lessor
as Ihatrho shall be responsible for the payment of all utllil
the exclusive right to 'the roof, side and rear walls of the P
or which consent shall not be unreasonably withheld.
PREMISES, Lessee shall not vacate or abandon tha•premisos
by,piocpsi of law, or othorwlso, oily porsomal property, WWII
.....�.Ij. 1,..
anytpart of the promises shall'bo takon,or condemned-kr.pt
in'o'Aarl•izlnn. WAnile"'as" 6� W i✓ai648 666066616>flyl
or
and all •Improvements made to the promises during
remove all his trade fixtures; but'shall repair or, pay
MISEsi In, Ih6`event'of'a•partial destruclion.of the.
's dail'bo-made within sixty 160) days under existing g
chin hwantitlad to a or000rllonaleireduction of rant
[sea may be.sltuated i
premises be injured or
The certificate -shall provide fops• ten-day writtemnolice to lessor in
Lessee and Lessor, ,for the be.natit, of cacti olher,'waivo any and'all
ng water, gas, electricity, heat'and other services delivered to thel
ssoe Shall not constrgrt any pr6joctipg sign or owningwithoutthe
Tie during�lho term
ssoojgft upon Ilia
'and';; par'.lheroof
On;114 Ihargnll
af, the'. premises at,
tho;avant•that•the;
minate upon the da
D.shall' not be ent
iscs.
shall'beionpito'tho
necessary ?or dam
Ilia Aerm hereof,'
s and regulations,!
Irs are being mad,
•to'any part•tnereor,rp
» .. . . .
as;atorosafa, anq,m(moserenl"Ilia I•Lc�1»,�
of either party,
extent of not less Ilion one-third of Ihe'ral
ructlon'of;lhe-building in which':lhe•promise
. ,., r,,..I...•I ,,..:.. 0
Ispiitu'between Lessor and Lessee with respect to the provisions hereof, the' matter shall be settled by arbitration in such
sy:cannot agree, In accordance with the rules of the American Arbitration Association, -
he event That a receiver shall be appolaled to lake over the business of,iho lessee, or itf the event [that the Lessee shall.
rodllolt, or'L••aftea shall taka or tuflor any aotiun under oily Insolvoflcy;or,,pankruplcy aotrtho samo shall C01101tulo broach
.r. •'<. WCSAYAIONT. IUI. AY YAOICUIONAL IOCLIIMINo COOM1. If! MIL OAIYA, AAN MAR. CALIIOANIA $4093 ,•I4_t �r
as
the
:life
A
F OWNER ON DEFAULT: In title event of any broach of this loose by hisseo, lessor may, at his option, tarminalp the lease and, recover from lessoat
lime of award of the unpaid rent which was earned at the little of termination (b) the worth at the time of award of the amount by which the unpaid
been earned after termination, until the time of Ilia award exceeds the amount of such rental loss that the lessee proves could have been reasonablY
Wat the time of award of ilia amount byp which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental
wes could be reasonably avoided; and (dl any other amouht necessary to compensate lessor for all,deldmant proximately causodibyrllssoa'f failure to
Ions under the lease or which In the ordinary course of things would be likely to result therefrom, t"'•' i'`•'
the alternative, continue this lease in effect, as long as lessor does not terminate'lessleo"s right to'possesslon, and -lessor may enforce all his rights
the lease, Including the right to recover the rent as it becomes due under the, lease. If said breech'otileaso continues, lessormay,'StAlly,time there•
nate the lease.,
id herein shall be doomed to limit any other rights or remedies which lessor may have,
to security deposit set forth above, 11 any, shall secure the performance of the lessee's obligations hereunder, lessor may, but shall not be obligated
Ions of said deposit on account of Lessee s obligatlons hereunder. Any balance remaining upon termination shall be returned to Lessee, Lessoo shall not
ply the security Deposit In payment of the lost month's rant, ... 1 1. .." , . 1, "'' ' '
FEES: In case suit should be brought for recovery of tine promisles, or for any sum due hereunder, or because of any act which may arise out of the
femlaes, by either party, the travelling party shall be onllllad to all costs Incurred, In .connection wllh such,aollon; Inelading a• roisonable, attorney's foe•
failure of Lessor•lo enforce any torn heroof shall be doomed to be a waiver,'' 1 i .'•
I notice which either party may or is required to give, shall be given by mailing the same, postage prapaid,;lo, Losseo'at:the.,promisosvp Lessor at
below, or at such other places as may be designated by Ilia parties from time to time. ; .,'• :• ` a m •. ' "r• "a'
of
yER: Any holding over after the expiration of tills lease; with the consont:of•Lessor, shall be construed.as a monlh•ta•monlh tanancy'at,a rental e.
............._ ................:tor month; otherwise Iniaccordancefwilh the tormsfhareof,, os appiicablo,
of the essence of this lease. L 6 •' i tt h.•'•
;N5, SUCCESSORst This lease is binding upon and inuras to the bene(it,of3he•heirs,. assignsand successors In:lnlorest,to'ihe•parlios: " "VA
... •.._,_, 4�LNW.Mwr{..w1.}MMMI}YC,LS11]aMMXtMn®X(Da1�IS1iEehe�a�W Y�
Q a- me.
.0 :;, �;A�•T::,� : y✓. r\'y1Fi'i�•:t INN-j--oi' Ar,_
:JLes,or;1shall have, the option to give a 90 day notice':to"iessee`'ovidedaLessee
'µpop':{vacating by Lessee 10 '0.00..':to' •Les,seq,t,, p;,
Lessor shall pay: $ ,. ?' w. e..yr•1: .:; ' i••,
n• t 'in•,defaul't, in connection with said lease.
09"V 11a Way Rent Schedule ; :,,:r!taci;'ipa r;t;:u.•;. ^• :.;,:;;,,{ .:;,,n.rl•
No,v:;3�lvi,:11990 thru Oct. 1991 $1, 300/Month"
l , 400/Month• :; .{ l;• .1
1 thru Oct. 1991 500 Month•h
„"Nov.- ,:,1, 1992 thru Oct. 1.993 / ..' .
'1iNov:•7'1�"i'`1993' thru Oct. 1994 1, 650/Month..;. „
., Oct. 1995 1,,800/Month. ::•+id° ' tsl, Cl• al 1 1`;•
N„OVt,l,r ,1994 thru r'.
Oct. 1996 2 000%Month.
4 1I0",IV las r1995 thru:
et`O
"Npv`e+ilE,,U:3`1996' thru Oct. 1997 2, 200/Month..l: .: • : ;' ' i> ie,::,•'::;`: •;..:. Lrt.r;';';e.:u,
?kybrJi•P;L„etf�SC,;ar•' �+ ^,. �.. .., . .,C;:,y{" r' .• � ;'^ �1•' ,t
y+ to be done on a month':to;'month' basit;,.•,•(30••Day,.Notice)'a
j {ategA fAny; ,subletting .. i4q (, }•, ,Y,!,l: v;,Si!C, '!.' .?!i n}rill:
1 •'i,'!..1.1
•'„ .�"I�a'i^^t'{W ti:P}, {'•i: :!1 'au,:i• d,
Y.
/£Il ���•r, 1 ` •:r• a..., ' �;r l
•y .O r {.n•I' ;'l' :il"a,?•;. 1
,({��'��b'r .y! . u li ;•' 1. d:•:{�i,4rS�•„!{ t: � �•'1�,�
rya ga,�,r'i t''�: .. 1.. 1l•r u '
J}A61(c"•,i�,M 'a�t .,, • ,' �' : F�.,. � . ,' . ' '„ :I:4gJ:w,4�;t.li{f�:'�i�' • ` 11'�� ,.t�'^tt•)' '': i . i , .
yri, ,l,r"; •' , • i osi+Tito tollowing
ytilvi:wr tC�g.�. v Y` 1`
H *!RB Fit) ,P rJ foregoing constitutes, Iho entire agreement between ilia partles�and:may ba modi(led lent Ali `s ed b bolh'p.,
�1 •,� ava-been'made a part of 'this lease before the parties' execulipn horooh.. n..............................
»; ^ ... n
f+ni•.•.n.......nnn»...w............................................................»...............»u.» . n, .'" .,r �.+.qf irv'FgI�ds• ,• 1'}, "•,. �If
P 6 „ • 'h,iri i.,b; l}'If i:1.• fit,; .,. „.M1�y" ,•.y,/!. '
Tho.undarsigned Lessee hereby acknowlod0es'retelpt.of acopy hereof,^<• , ,c. , ti:,..,;•�i� 1• , •,
.. a% 1'. {Y,;i .a�tvt4•pf•'�'1( ,'d l,:: i1i' .+P ,d.Va{'.i F,,:.
*yF .':{• .. ;,•n ..l O,f •„ �•'{,.
'ti,!: FDATED:-•..•••yr?„�,r.��,.;.•,»'��,,C,..�•t•,1!'>,. ..
ft;Fv'sh;al';14,14 U,.;jyiG+B ;�tr1 tlr'
t?e r t :rt tfil9dNif; ar! : li'.'..�••
u it 'virtu x'• !�'�• ».n,lossoo
i{tr .lYarN{I'da•n•1% ....................................................ABant ...... .,n .• +r, ,,:e »r.•i .,,. n..n•,..„.. .:'„".7 ,•°. tl•
•
».n,.. ,�rr�,••lji'rs:v
.............•�i`rn:n,nl ...»':3',.r1 6ai • .
..................................... Address
.......n.n......._...............nI.l•l•,.".}.,••....;.,._.ni...LDSSDD
V.hpf qr` ... •Y, V1•/•. r.i,IrC_/L''•�•'(^jjltrF+•rV;;l{'th°�'•••i�4•'Y,:i{./a' 1Y,%isifz:t' •''•".ilddress
• ..........................Phone .rrn ,.n• •�,• ,., 1'i•('
�a7{/8 i,ip'ir 'ai/S,,�l/•''rrf' , ').1
!!}}1t yy,,)T'�o ..i t",'�'` ;' •;, 't~i ,;:.t;•�..fC.�IQ.•»»,.,Pione
,•C iirh+ ) . `� t�' ' , ,» ` ..»...I ..... ..................................... .. .....� .. n.•.,n. ,.. ,.. .. .,.,_. 1,yj�[ "..""'.`.'�`'lt"�r,.4't� �l, . j. -
'il..�•��a•v7i
;.v , •� i .. :."Ni. L, : �1•f^r J 1$.r .+Ps i�.
�1 ..,» p•.,plr,„na> .,q.,.• �Mn;Y4�.?Y,.f.aJ',{,Q r9, wty, •y!a';i;t..�,tl
' rt•e 1 ..t .'e ir7,., luJ','t l•'1:1: •"'...•.r.: �•^..l.,fr
, M'6 :�t rti'i'*.];i��1.f .. .� .... ,.a:4'�:r...;y.•'.l)Ne:4�jlr���,•'r'aiir:i"•...,».: ;� •�i,if'}':...t.t •.. •.
t•ACCEPTANCP,�)yt'
t ' ;"ri 1. , :, � {. • i. , u , .- �:. "`t':;.a:if ;:j�:�;:..�.. ,. '�'' . •';�p.G.•::{!;... ,e �";r.,:•'� *'
I Linde i �a Lo so accepts.lho foregoing offer and agrees la lease the hheroin described,gfpmisol; .1ho terms�en condltio� war n'spocl(lod; Tho lcssof agteas
, a o }:gales ph, ,,: i. {:'{ "•yv..... s ...... Y.,ht111)A$1ltisb{i15it184it14{iRO,,,
+ a „ ^` ................„ .. .. ... .. .................... ...............,iV .n .•"':.L.} :1:'ti "'/ "rdi±fQ� x1,t?{IM'DDhhARsi
:`P:fM, l.. '1... .. ..'.rn «„................................ 1.'.,'+ n`N ..'<..rwr� nog «p,. . ..w„h„n{.Y., w„w„•n
-tithe sum,oF,;,„�. Xf'no :a},�This a reamentr'shallMot, limltlthe:rf hts':oftAga, tiprovidedsforAr
n,.n.................:. ..............,...,......
?,farysbrvicas'irandarad'end authorizes Agent to. deduct sold sum from the deposit racelved,fr m B g
fianyaistingior;olhar,agreement:which rnoy bd In.otfoct between Ownof and Agent, -An shell purchase ho'?properly;from•Owner=prlorito,tha?aRplratlor
gof}this,Ioase; OwneGagroos to pay the, Agent a sales commission of ........................ % of the Salo price.
?{!y u IS.;, I t"'vj •l;kUc. Thie'undersignod Lessor horoby acknowledges recalpt'of a copy hereof..
����{,{� •1 •i• r ' • q„fit.
'1 .,,tit2�fta1 ;z4�1�+`t;ltf �" ,' , . , :,,...• .... '. '� ...'.,'r •i.. .. •., ..., .., .i, 1;�'i';•
.i.� t6.:.Yi..GH: ���?iLI' n' • , 1 ,, ,...,. „ ... .•i.;r: t:PtiU'Ptl ib, 4tp'A'.
wtc.i'tia°; . ' ,'„' • . . a .. , .... . • , DATED: »...... ::....................
.»..........n. •• .
».n. ..........:......................................Owner's Authorized Agent ..................................... ...... ...........
...»....._......»....,....
sa,4M: It.; Lt .. '..»,.., .....................................Address ........... .............. ..,......................................... »........ ............
7tj».:»»»nn.n.,.Lasso{
4.1 KI 4 lit, ^ .......:......Phone.................»....»...,.......:.......»........ .......................... ».nn n Address
:yy...•...•....................n........,».om»„nu•.o.n:.,:„„ wir,„,.n,;„„,•,„•
STATE OF CAVFORNIA—THE RESOURCES AGENCY
Go"Mr
ALIFORNIA COASTAL COMMISSION
OUTM-COAST AREA Page 1 of&9.0
SWEST BROADWAY, SUITE 380l G BEACH, CA soem Date: December
(217)SMW71 Permit Application No. 5-90-871
NOTICE OF INTENT TO ISSUE PERMIT
On November 16, 1990 , the California Coastal Commission granted
to ALTA COFFEE Permit 5-90-871 subject to the
attached conditions, for development consisting of:
Restaurant expansion including bathroom, 200 sq. ft. of patio dining and .
increasing indoor service area to .ground floor of building with second floor
residential unit. Add 3 parking spaces for a total of 9.
more specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange County
at 506 31st St Newport Beach
The actual development permit is being held in the Commission office until
fulfillment of the Special Conditions 1-2 imposed by the Commission.
Once these conditions have been fulfilled, the permit will be issued. For, your
information, all the imposed conditions are -attached..
Issued on behalf 'of'the California Coastal Commission on November 16, 1990 .
PETER DOUGLAS
Executive Director
By:
Title: Sta f Analyst
ACKNOWLEDGMENT:
The undersigned permittee acknowledges receipt of this notice of the California
Coastal Commission determination on Permit No: 5-90-871 _,-and fully
understands its contents, including all conditions i posed
1
ate ermittee
Please sign and return one copy of this form to .the Commission office at the above
address.
ALTA COFFEE ROASTERS
506 31st Street, Ncwpoa Beach, C.ilifornia 92663.714/675.0233
?Caljfornia Coastal Commission
hSottth Coast Area
:245'West Broadway, Suite 380
,,Long Beach, CA 90802
November 27, 1990
Attention Vickv Komie
Dear Sirs:
Regarding Application No. 5-90-871. Please accept this letter as a formal agreement by Alta Coffee Company,
Inc. to maintain full possesion of the rental property and all parking at 3009 Villa Way. Further we agree not to
sublease the property or any portion thereof. We are enclosing the parking plan for 3009 Villa Way, the lease
whlch we have already sent to you, and we are instructing our employees that these spaces are for their use
orlly when working at the restaurant.
you once again for your prompt attention to our application.
�Ince I , 'o n ••
Illson
not to sublease the property at 3009 Villa ay, Newport Beach, Callforn
Anthony P. Wilson
Cathy
thereof,
Company, Inc.
Treasurer
Alta Coffee Company, Inc.
Alta Coffee Company, Inc.
Page 3
5-90-871
SPECIAL CONDITIONS:
1. Parking Agreement
Prior to issuance of permit, the applicant shall submit to the Executive Director,
for review and approval, an agreement which indicates that the off —site parking
located at 3007 Villa Way will be maintained for the duration of the lease
agreement and that no intensification of use of either site can occur without an
amendment to this permit. The agreement shall explicitly state that:
a. The 8 parking spaces (6 uncovered and 2 garage spaces) are to be -
maintained for use of the restaurant/wholesale coffee business located at 506
31'st Street at the off —site 'location —3009 Villa Way.
b. 9 parking spaces are to be maintained at the project site— 506 31st Street.
c. The off —site parking is to be preferentially used by employees; off —site
parking used until allocated spaces filled, then on —site parking may be used.
VK:tn
7592D
ft
NOTICE OF INTENT TO ISSUE PERMIT
Page 2 of
Permit Application No. 57g0-871
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the.
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission offi
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the,Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must i
made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth in the application for permit, subject to any specs,
conditions set forth below. Any deviation from the approved plans must b:
reviewe,d and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any conditi,
will be resolved by the Executive Director -or the Commission.
5, Inspections. The Commission staff shall be allowed to inspect the site
the project during its development, subject to 24-hour advance' notice.
6. Assignment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
perpetual, and it is the intention of the Commission and the permittee toy
bind all future owners and possessors of the subject property to the term
and conditions.
MATE CAUFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJ[AN,
CALIEORNIA COASTAL COMM
�SSION
SOUTH COAST AREA \ikjZ r.T��1 "'•• ��, "•
2:3 WEST BROADWAY. SURE'S80 R�GfT'�,�S�i{A+^y,oA Page 1 of
•a«13) 59P3071 G � ?Lw � NEVJQ9Rl Date: January 7. 1991
Gizy o 1gg1 V%% Permit No. 5-90-871
MA
'Jt2t3i&i5i6 - -
`r.I$> > �• COASTAL DEVELOPMENT PERMIT
On November 16, 1990 , the California Coastal Commission granted to
ALTA COFFEE
this permit subject to the attached Standard_and Special conditions
development consisting of: - - - -
Restaurant expansion including bathroom, 200 sq. ft. of patio dining and
increasing indoor service area to ground floor of building with second floor
residential unit. Add 3 parking spaces for a total of 9.
more specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange-- County at
506 31st St. Newport Beach
Issued on behalf of the California Coastal. Commission by
ACKNOWLEDGMENT
The undersigned permittee acknowledges
,by all terms and condition's thereof.
PETER DOUGLAS
Lt
Executive, Director
Title: Staf Analyst
receipt of this permit -and agrees to abide
The undersigned permittee acknowledges that Government Code Section 818.4 which
states in pertinent part, that: "A public entity is not liable *for injury caused
by the issuance... . of,any permit. . ." applies to the issuance of this permit.
ND
IMPORTANT:
SIGNED VALID UNLESS AUNTIL F ACKNOWLEDGEMENT HAS BEEN RETURNED THE COMMISSION OFFICE.CE.
THE PERMIT WITH
THE14 Cal.
Admin. Code Section 13158(a).
Date .
Signature of Permittee
r-DPage
3 '
5-90-=871
2. Parking Agreement
Prior to issuance of permit, the applicant shall submit to the Executive Director,
for review and approval, an agreement which indicates that the off -site parking
located at 3007 Villa Way will be maintained for the duration of the lease
agreement and that no intensification of use of either site can occur without an
amendment to this permit. The agreement shall explicitly state that:.
a. 4 parking spaces (2 uncovered and garage spaces) are to -be maintained
for use of'the restaurant/wholesale coffee business located at 506 31st
Street at the off -site location -3007 Villa Way.
b. 11 parking spaces are to be maintained at the project site- 506 31st
Street.
c. The off -site parking is to be preferentially used by employees; off -site - _
parking used until allocated spaces filled, then on -site parking may be used.
VK:tn
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r. .
Planning Commission Meeting August 9. 1990
Agenda Item No. 5
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No. 3263 (Amended)(Public Hearing)
Request to amend a previously approved use permit which permitted
the establishment of a restaurant with expanded interior dining and
patio dining areas to be operated in conjunction with an existing retail
and nonconforming wholesale coffee business located in the "Retail
and Service Commercial" area of the Cannery Village/McFadden
Square Specific Plan Area. The proposed amendment involves a
request to expand the hours of operation so to allow a 12:00
midnight closing on a nightly basis, whereas the e 't�g required closing
time is 6:00 p.m. Sunday through Thursday and 11:00 p.m. Fridays and
Saturdays. The proposal also includes a request to add live
entertainment to the restaurant activities which will include poetry
readings, guitar playing and small musical groups and a request to
transfer a portion of the development rights of the adjoining lot (Lot
19, Block 430, Lancaster's Addition) to the restaurant building site.
LOCATION: Lots 18 and 19, Block 430, Lancaster's Addition, located at 506 31st
Street, on the southerly side of 31st Street, between Villa Way and
Lafayette Avenue, in Cannery Village.
ZONE: SP-6
APPLICANT: Alta Coffee Company, Newport Beach
OWNER: Cannery Village Investment Partnership, Newport Beach
Application
This is a request to amend a previously approved use permit to expand the hours� f
operation so as to allow a 12:00 midnight closing on a nightly basis, whereas the e:�ii
required closing time is 6:00 p.m. Sunday through Thursday and 11:00 p.m. Fridays and
Saturdays. The proposal also includes a request to add live entertainment to the restaurant
activities which will include poetry readings, guitar playing and small musical groups and a
request to transfer a portion of the development rights of the adjoining lot (Lot 19, Block
TO: Planning Commission - 2
430, Lancaster's Addition). Such changes in the operational characteristics and transfer of
development intensity of the facility are subject to approval of an amendment to the existing
use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code.
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1(Existing
Facilities).
The Land Use Element of the General Plan and the Land Use Element of the Local
Coastal Program designate the site for "Retail and Service Commercial" uses. Restaurants
are a permitted use, subject to the approval of a use permit in each case. Inasmuch as the
subject property is in the Coastal Zone and this item is discretionary, Coastal Commission
approval will be required prior to implementation of the change in operational
characteristics or recordation of the covenant document.
In "Cannery Village", commercial areas are allowed a maximum Floor Area Ratio (FAR)
of 0.5/1.0; however, the Land Use Element general (City-wide) policies also state that "any
uses with a higher than 60 trips per 1,000 square feet for daily use or 3 trips per 1,000
square feet for peak hour traffic would be limited to a reduced F.A.R. calculated prorata
on trip generation characteristics." A restaurant is such a use. The general policy statement
continues, "the lowest floor area allowed by these two (2) calculations [the "base", or area
F.A.R., and the use characteristics] shall apply." The Zoning Code establishes, the
maximum F.A.R. for a restaurant, based upon its traffic generation qualities, is 0.3. The
Land Use Element enables the Zoning Ordinance to permit transfer of development
intensities city-wide. The existing structure located on Lot No.18, Block 430 of Lancaster's
Addition contains approximately 1,934± square feet of commercial use, on a parcel of 2,790
square feet with a resultant commercial FAR of 0.693 *. The allowable commercial FAR
of 0.5 is currently exceeded by approximately 0.193 which is approximately 539± square feet
more than allowed by the Land Use Element of the General Plan and is discussed more
fully in the body of this staff report.'
1 It should be noted that the amount of square footage which is to be surrendered by
Lot 19 as indicated in this section of the staff report does not take into account the required
amount to be surrendered to meet the provisions of Section 20.07.040 B. In accordance with
Section 20.07.040 B, that amount of square footage to be surrendered by Lot 19 would total
1,081.6± square feet which would leave a remaining square footage of development
available to Lot 19 of 313.4 square feet. If the transfer of development intensity were based
solely on a Base FAR use, the amount to be transferred would be 539 square feet.
TO: Planning Commission - 3
Property and Surrounding Land Uses
The subject property is occupied by two structures, one of which contains a second floor
residential unit and 1,934± gross square feet of commercial space on the first floor,
including the subject facility and the balance of the facility unoccupied formerly occupied
by a clothing designer. The other 1,534± square foot structure is an open, roofed structure
which is currently being utilized as a storage area. To the north, across 31st Street, is a
retail facility; to the east is a residence and office uses; to the south, across a 14 foot wide
alley is a commercial office building and the Cafe Lido Restaurant; and to the west is a
multi -family residential structure.
Background
On April 9, 1987, the Planning Commission approved Use Permit No. 3263 which permitted
the establishment of a take-out restaurant with incidental seating to be operated in
conjunction with an existing retail wholesale coffee business on the ground floor and a
residential unit on the second floor of a building located in the "Retail and Service
Commercial" area of the Cannery Village/McFadden Square Specific Plan. The approval
included a request to waive a portion of the required off-street parking (23 spaces), and a
modification to the Zoning Code to permit tandem and compact parking spaces. An excerpt
of the Planning Commission minutes is attached for Commission review.
On April 5, 1990, the Planning Commission approved Use Permit No. 3263 (Amended) a
request to expand the "net public area" of the restaurant use by adding an outdoor patio
dining area and expanding the interior dining area. The kitchen area was also approved to
be expanded. The approval also included; a request to waive a portion of the required off-
street parking spaces (14 spaces) for the restaurant; a modification to the Zoning Code so
as to allow the use of tandem parking spaces for a portion of the proposed parking; and a
modification to allow a portion of the proposed parking to encroach 5 feet into the required
10 foot rear yard setback adjacent to an alley. The Planning Commission also added
Condition No. 28 which required that an additional doorway be provided such that access
would be provided for customers from the restaurant to the outdoor patio dining area so
as to eliminate the use of the public right-of-way for passage. A copy of the Planning
Commission staff report dated April 5,1990 is also attached, which describes the applicant's
request for the expanded facility.
Resubdivision Requirement
The subject building crosses the interior property line between Lots 18 and 19, which has
been certified by a survey of the property by a licensed surveyor. A resubdivision is
required if the valuation of the proposed improvements exceeds $5,000 within any one year
period. Construction estimates submitted by the applicant indicate that the valuation of the
proposed construction will not exceed $5,000 and Building Department records show no
building permit activity in the building within the one year period. Given this information,
TO: Planning Commission - 4
the requirement for resubdivision is not necessary.
The applicant has indicated to staff that he is proposing to change the operational
characteristics of the existing take-out restaurant to establish a full service restaurant which
will change the current operational characteristics. The applicant does not propose to alter
the physical characteristics of the previously approved Use Permit No. 3263 (Amended)
other than the slight reduction in the outdoor patio area (reduced from 192 sq.ft. to 187
sq.ft.). The facility currently serves coffee, tea, pastries, soup, salad and similar items. The
hours of operation as previously approved are from 7:00 a.m. to 6:00 p.m., Sunday through
Thursday, and from 7:00 am. to 11:00 p.m., Friday and Saturday. A maximum of 3
employees are on duty during peals hours. The facility was also previously approved to
permit tables with 31 seats in the interior dining area and 20 seats in the outdoor patio
dining area (as stated in Condition of Approval No. 4 of Use Permit No. 3263 Amended).
This application is also for the transfer of development which is required to satisfy
Condition of Approval No. 13 prior to implementation of the previously approved Use
Permit No. 3263 (Amended).
The applicant proposes to operate the restaurant for breakfast and lunch service during
daytime hours and dinner on Friday and Saturday evenings. The proposal includes the
addition live entertainment in the form of poetry readings, guitar playing and small musical
groups, all to be performed within the existing building. A total of 6 employees will be on
duty during peak hours, including 2 employees in the wholesale business use.
y I1 rmej M-WMMq
Lot Area:
Lot 18 2,790 sq.ft.
Lot 19 2.790 sq.ft,
Total 5,580 sq.ft.
Gross Building Area Allowed:
Lot 18 1,395 sq.ft.
Lot19x 0.5 = 1,395 sq.ft.) 1.395 soft.
(2,790 x 0.5 = 1,395 sq.ft.) 2,790 sq.ft.
Building Square Footage:
Lot 18;
First Floor 1,934t sq.ft.
Second Floor 1,025± sa.&
Gross Building Area Proposed 2,959:t sq.ft.
TO: Planning Commission - 5
Setbacks Required
31st Street setback: 5 feet
Alley (rear) setback: 10 feet
Side setback:
East Side 0 feet
West Side 0 feet
Proposed Parking:
Existing or Proposed
0 feet
28 feet for
building;
3 feet for
overhead structure;
5 feet for parking.
0 feet to building;
29.5 ± feet to building;
0 feet to overhead
structure.
7 on -site parking spaces devoted to the restaurant (includes 2 tandem spaces)
2 on -site parking spaces for the residential unit (includes 1 tandem space)
9 on -site parking spaces provided
Transfer of Development Intensity
Section 20.07.070 of the Municipal Code which provides for transfer of development
intensity (adopted May 23, 1990 and subsequent to the previous approval of Use Permit No.
3263 Amended) states:
Section 20.07.070 TRANSFER OF DEVELOPMENT INTENSITY.
The Planning Commission may, by use permit, provide for the transfer of
development intensity from any one or more parcels to any other parcel or
parcels, provided that the requirements of this section are met.
Section 20.07.070 B. TOTAL GROSS FLOOR AREA. The total
gross floor area permitted on the parcels involved in the transfer of
development intensity shall not exceed the total floor area which would
otherwise be permitted by this chapter, taking into account the types of uses
to be developed.
The transfer of development intensity requires that the two parcels shall be combined in
such a way that the nonconforming FAR status of the existing structure on Lot No. 18 and
a portion of Lot 19 be eliminated, typically by a covenant document entered into by the
owner of the property and the City. In accordance with Section 20.07.070 D of the
TO: Planning Commission - 6
Municipal Code, the amount of development which would be surrendered' by Lot No. 19
in such a transfer "taking into account the types of land uses to be developed and calculated
in accordance with Section 20.07.040", would be approximately 1,081.6± square feet? The
covenant would also include the requirement that parking shall be limited to the use of the
subject property land uses only. The transfer of development intensity would bring both
parcels into conformance with the FAR Ordinance.
3ype of Use Lot 18 L&112
Restaurant Use (Reduced FAR use) 1,292± sq.ft. 187± sq.ft.
Wholesale Business Use (Maximum FAR use) 638± sq.ft. .0 sq,ft.
TOTAL 1,930t sq.ft. 187± sq.ft.
Lot 18:
1,292 sq.ft.(Reduced) X 1.67 2,157.6± sq.ft.
638 sq.ft.(Maximum) X 0.50 319.0± sa.ft.
Weighted Development 2,476.6+ sq.ft.
Lot 19:
187 sq.ft. (Reduced) X 1.67 312.3± sq.ft.
0 sq.ft.(Maximum) X 0.50 0_ 0± sa ft.
Weighted Development 312.3± sq.ft.
Total Weighted Sq.Ft.(May not exceed BDA)
Lot 18 2,476.6± sq.ft.
Lot 19 312.3± sq.ft.
TOTAL (less than or equal to BDA) 2,788.9± sq.ft.
Base Development Allocation 2.790.0± sq ft.
' It should be noted that the term "surrender" means that the nonconforming status of
the property no longer exists, and that the nonconforming status cannot be regained in the
future; also, any future development shall comply with all provisions of Section 20.07.
3 It should be noted that the amount of square footage to be surrendered by Lot 19
would total 1,081.6 square feet, inasmuch as the outdoor patio dining area is located on Lot
19, which would leave 313.4 square feet of remaining development available to Lot 19.
TO: Planning Commission - 7
The amount of square footage to be transferred from Lot 19 to Lot 18 is 1,081.6 sq.ft.
(2,476.6 sq.ft. - 1,395 sq.ft. allowed = 1,081.6 sq.ft.) to accommodate the proposed uses.
Weighted Development of the Proposed Development
As stated in the previous staff report dated April 5, 1990, the applicant had suggested that
the proposed restaurant and the wholesale coffee business be treated as separate entities
though not physically separated and accept the premise that only a portion (a percentage)
of particular shared areas, as indicated below, be counted toward the reduced and maximum
FAR use categories. Staff 'and the Planning Commission agreed with the applicant's
premise. The weighted development for the proposed facility based on the breakdown of
each part of the building and its particular uses was accepted, but required a minor
reduction in the square footage allotted to the restaurant facility. The revised figures
indicate the reduced area of the outdoor dining area by 5 square feet and have been revised
on the attached plans:
Restaurant Use (reduced FAR use)
int.zrior dining area and service bar
690± sq.ft.
food preparation and kitchen area
380± sq.ft.
restrooms
98± sq.ft.
outdoor dining area (originally 192 sq.ft.)
187± sq.ft.
storage area (50% of 150 sq.ft.)
75± sq.ft.
janitorial storage (50% of 34 sq.ft.)
17± sq.ft.
changing room
32± sq.ft.
1,479± sq.ft.
Wholesale Business Use (maximum FAR use)
packing and shipping area 139± sq.ft.
roasting area 169± sq.ft.
changing room (no credit) 0 sq.ft.
storage area (50% of 150 sq.ft.) 75± sq.ft.
janitorial storage (50% of 34 sq.ft.)
17± sq.ft.
office area 238± sq.ft.
638± sq.ft.
Weighted Development FAR vs. Base Development Allocation (BDA)
FAR Use Category WeighingFactor actor Wei htg ed Sq.Ft.
1,479 sq.ft. Reduced X 1.67 2,469.9± sq.ft.
638 sq.ft. Maximum X 0.50 319.0± sq.ft.
TO: Planning Commission - 8
Total Weighted Sq.Ft.(May not exceed BDA)
Base Development Allocation
Square Footage Exceeding BDA
(Does not exceed BDA)
2.788.9± sq.ft.
�AFVIIXIXV Intl
0.9± sq,ft.
The proposed weighted development square footage for the restaurant facility would not
exceed the permitted base development allocation. which would be consistent with the
requirements of Section 20.07 (FAR Ordinance) of the Newport Beach Municipal Code.
The restaurant facility as originally approved permitted the applicant to operate the
restaurant for breakfast and lunch service during daytime hours and dinner on Friday and
Saturday evenings. The hours of operation as previously approved are from 7:00 a.m. to
6:00 p.m., Sunday through Thursday, and from 7.00 a.m. to 11:00 p.m., Friday and Saturday.
The applicant proposes to increase the operation to include dinner daily. The hours of
operation, will be from 7:00 a.m. to 12:00 midnight, daily. Staff is concerned that the
increase in the hours of operation as proposed are changing the characteristics of the
previously approved restaurant facility to more of a destination type restaurant use which
is more intensive a use than the existing facility, without providing additional parking. That
portion of the restaurant dining which is located outside of the building may cause a
problem late at night on a daily basis with noise which could disturb residential uses in the
proximity as well as on the subject property itself. Inasmuch as the Cannery
Village/McFadden Square Specific Plan allows residential uses in conjunction with mixed
use development, it is likely that additional residential uses will be added to the area in the
near future.
The applicant is requesting approval of a change in the operational characteristics to allow
the addition of live entertainment in the form of poetry readings, guitar playing and small
musical groups, all to be performed within the existing building. Staff has no objection to
the introduction of the live entertainment so long as any sound or noise associated with such
activity be confined to the interior of the building and not performed in the patio dining
area. The applicant has not indicated any specific hours of operation in conjunction with
the live entertainment. The Commission might consider limiting the hours of the live
entertainment activity due to the proximity of existing residential uses and the likelihood of
future residential uses to be added in the vicinity. The other option would be to allow the
closing hour of 12:00 midnight as the cessation of the live entertainment on a daily basis.
TO: Planning Commission - 9
Specific Findings and Recommendations
Section 20.07.070 J, states, when approving a use permit for a transfer of development
intensity, the Planning Commission, or the City Council on review or appeal, shall make the
following findings in addition to those required under Section 20.80.060 A:
a. The transfer of development intensity will result in a more efficient use of land
or an increase in public visual open space.
b. The transfer of development intensity will result in a net benefit to the
aesthetics of the area.
C. The increased development on the site, including above grade covered
parking, does not create abrupt changes in scale between the proposed development and
development in the surrounding area.
d. The proposed uses and structures, including above grade covered parking, are
compatible with the surrounding area.
e. The increased development on the increased site, including above grade
covered parking, will not result in significant impairment of public views.
f. The increased site is physically suitable for the development proposed,
including above grade covered parking, taking into consideration site characteristics
including, but not limited to, slopes, submerged areas, and sensitive resources.
g. The transfer of development intensity will not result in a net negative impact
on the circdlation system.
h. The projections of traffic to be generated utilize standard traffic generation
rates generally applied to a use of the type proposed per City Council Policy S-1.
i. The proposed uses and physical improvements are such that the approved
projects would not readily lend themselves to conversion to higher traffic generating uses.
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any
use permit, the Planning Commission shall find that the establishment, maintenance or
operation of the use or building applied for will not, under the circumstances of the
particular case, be detrimental to the health, safety, peace, morals, comfort, and general
welfare of persons residing or working in the neighborhood of such proposed use or be
detrimental or injurious to property and improvements in the neighborhood or the general
welfare of the City.
TO: Planning Commission - 10
Should the Planning Commission wish to approve this application as requested by the
applicant, appropriate findings and conditions in conjunction with the applicant's request are
set forth in the attached Exhibit "A". Should the Planning Commission concur with the
concerns of staff that the proposed restaurant facility is an intensification of the existing use,
that the increase in the hours of operation and the introduction of live entertainment
contribute to the facility becoming a destination point without providing additional parking,
the findings set forth in the attached Exhibit "B" for denial of this application are suggested.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By
JAVIER S. GARCIA
Senior Planner
rAY1P\kUSAur32u,3ns.sx1
Attachmeats: Exhibit "A"
Exhibit "B"
Vicinity Map
Excerpt of Planning Commission Minutes dated
April 9, 1987 and April 5, 1990
Staff Report to Planning Commission
dated April 5, 1990
Letter from Applicant Describing Request
Additional Letter from Applicant Describing Request
Plot Plan and Floor Plans
TO: Planning Commission - 11
EXHIBIT "A'
FINDINGS AND CONDITIONS OF APPROVAL
FOR USE PERMIT NO. 3263 (Amended)
FINDINGS
L That the proposed transfer of development intensity is
consistent with the Land Use Elements of the General Plan and
the Local Coastal Program, and is compatible with surrounding
land uses.
2. That the transfer of development intensity will result in a more
efficient use of land and an increase in public visual open space
inasmuch as the amount of development which would otherwise
be permitted on Lot 19 is being reduced.
3. That the transfer of development intensity will result in a net
benefit to the aesthetics of the area.
4. That the increased development on the site, including above
grade covered parking, does not create abrupt changes in scale
between the proposed development and development in the
surrounding area inasmuch as the existing building is not being
increased in size.
5. That the proposed uses and structures, including above grade
covered parking, are compatible with the surrounding area.
6. That the increased development on the increased site, including
above grade covered parking, will not result in significant
impairment of public views than currently exists.
7. That the increased site is physically suitable for the
development proposed, including above grade covered parking,
taking into consideration existing on -site characteristics.
8. That the transfer of development intensity will not result in a
net negative impact on the circulation system.
9. That the projections of traffic to be generated by the proposed
project utilize standard traffic generation rates generally applied
to a use of the type proposed per City Council Policy S-1.
TO: Planning Commission - 12
10. That the proposed uses and physical improvements are such
that the approved project would not readily lend themselves to
conversion to higher traffic generating uses as restricted by
covenant agreement.
11. That the project will not have any significant environmental
impact.
12. That the Police Department does not anticipate any problem
with the proposed facility.
13. That the transfer of development intensity will eliminate the
existing nonconforming FAR of the subject property and any
future development associated with the subject property.
14. That the approval of Use Permit No. 3263 (Amended) to allow
the proposed transfer of development intensity willnot, under
the circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of persons
residing and working in the neighborhood, or be detrimental or
injurious to property and improvements in the neighborhood or
to the general welfare of the City.
15. That public improvements may be required of a developer per
Section 20.80.060 of the Municipal Code.
1. That development shall be in substantial conformance with the
approved plot plan and floor plans, except as noted below.
2. That all applicable conditions of approval of previous Use
Permit No. 3263 (Amended) shall remain in effect.
3. That a covenant or other suitable, legally binding agreement
shall be recorded against the decreased site assuring that all of
the requirements of Section 20.07.070 J, will be met by the
current and future property owners.
4. That the restaurant facility shall be open only between the
hours of 7:00 a.m. and 12:00 midnight daily and any increase in
the hours shall be subject to approval of an amendment to this
use permit.
TO: Planning Commission - 13
5. That Coastal Commission approval shall be obtained prior to
the recordation of the proposed covenant initiating the transfer
of development intensity.
6. That no dancing shall be permitted in the restaurant unless the
Planning Commission approves an amendment to this use
permit.
7. That the sound from the live entertainment shall be confined to
the interior of the structure; and further that all windows and
doors within the restaurant shall be closed when live
entertainment is conducted on the site.
8. That no on -sale alcoholic beverages shall be permitted in
conjunction with the subject restaurant, unless the Planning
Commission approves an amendment to this Use Permit.
9. That the Planning Commission may add or modify conditions
of approval to the use permit, or recommend to the City
Council the revocation of this use permit, upon a determination
that the operation which is the subject of this use permit, cause
injury, or is detrimental to the health, safety, peace; morals,
comfort or general welfare of the community.
10. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
TO: Planning Commission - 14
EXHIBIT'B"
FINDINGS FOR DENIAL OF
USE PERMIT NO.3263 (Amended)
1. That the proposed transfer of development intensity is
consistent with the Land Use Elements of the General Plan and
the Local Coastal Program, but the increased hours of
operation are not compatible with surrounding residential land
uses.
2. That the proposed uses and structures, including above grade
covered parking, are not compatible with the residential uses in
the proximity.
3. That adequate off-street parking is not available for the
proposed increase in the hours of operation and the
introduction of live entertainment to the existing restaurant use
to satisfy the requirements of Section 20,30.035 of the Newport
Beach Municipal Code.
4. That the proposed uses and physical improvements are such
that the approved project would readily lend themselves to
conversion to higher traffic generating uses.
5. That the approval of Use Permit No. 3263 (Amended) to allow
the increase in the hours of operation and introduction of live
entertainment will, under the circumstances of this case, be
detrimental to the health, safety, peace, morals, comfort and
general welfare of persons residing or working in the
neighborhood or to the general welfare of the City.
i
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NE WP OR T
USE PERMIT NO, 3a63
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4, t the existing driveway be replaced or recon-
struc so that its southerly edge aligns with
the south edge of the door opening for the new
garage. All w shall be conducted under an
encroachment permit tube issued by the Public
Works Department.
5. That this use permit shall expire 3n`raacxercised
within 24 months from the date of app l as
specified in Section 20.80,090, A of the fie
Use Permit No. 3263 (Public Nearing)
Item No.10
Request to permit the establishment of a take-out
UP 3263
restaupant with incidental seating to be operated in
conjunction. with an existing retail and nonconforming
Approved_
wholesale coffee business located in the "Retail and
service Commercial" area of the Cannery village/McFad-
den Square Specific Plan Area. The proposal also
includes a request to waive a portion of the required
parking, and a modification to the Zoning Code so as to
permit tandem and compact parking spaces.
LOCATION: Lots 18 and 19, Block 430, Lancaster's
Addition, Newport Beach, located at 506
31st Street, on the southerly side of
31st Street, between Villa Way and
Lafayette Avenue, in Cannery Village.
ZONE: SP-6
APPLICANT: Alta Coffee Company, Newport Beach
OWNER: Cannery Village Investment Partnership,
Newport Beach
The public hearing was opened in connection with this
item, and Mr. A. P. Wilson, applicant, appeared before
the Planning Commission. Mr. Wilson stated that he
concurs with the findings and conditions in Exhibit
„A".
Mrs. Angela Picker White, 1132 West Bay Avenue,
appeared before the Planning Commission to state her
support of the subject application, and to comment that
the take-out restaurant will be an asset to Cannery
Village.
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There being no others desiring to appear and be heard,
the public hearing was closed at this time.
Motion was made to approve Use Permit No. 3263 subject
Motion
x
to the findings and conditions in Exhibit "A". Motion
All Ayes
voted on, MOTION CARRIED.
FINDINGS:
1. That the proposed use is consistent with the Land
Use Elements of the General Plan and the Local
Coastal Program, and is compatible with surround-
ing land uses.
2. That the project will not have any significant
environmental impact.
3. That the waiver of the development standards as
they pertain to circulation, walls, landscaping,
parking lot illumination, utilities and a portion
of the required parking wili not be detrimental to
adjoining properties.
4. That the approval of a modification to the zoning
Code so as to permit tandem parking will not,
under the circumstances of this particular case,
be detrimental to the health, safety, peace,
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 and further that the proposed
modification is consistent with the legislative
intent of Title 20 of this Code.
5. That the approval of a modification to the zoning
Code so as to permit the use of compact parking
spaces will under the circumstances of this
particular case, be detrimental to the health,,
safety, peace, comfort, and general welfare of
persons residing or working in the neighborhood of
such proposed use and will be detrimental or
injurious to property and improvements in the
neighborhood or the general welfare of the City
and further that the proposed modification is not
consistent with the legislative intent of Title 20
of this Code.
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6. That the approval of Use Permit No. 3263 will not,
under the circumstances of the case, be detri-
mental 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.
CONDITIONS:
1. That development shall be in substantial confor-
mance with the approved plot plan and floor plans,
except as noted below.
2. That the development standards pertaining to
parking lot illumination, circulation, walls,
landscaping and utilities, and a portion of the
required parking (25 spaces) shall be waived.
3. That the restaurant facility shall be open only
between the hours of 1:00 a.m, and 6:00 p.m.
daily.
4. That one bathroom accessible to the handicapped
shall be provided for each sex, unless otherwise
required by the Building Department.
S. That no cooking or preparation of food other than
beverages, soups, salads, baked goods, and similar
items shall be permitted in the take-out restau-
rant facility, nor shall any grill be installed
unless an amendment to this use permit is approved
by the Planning Commission at a later data. Said
amendment could require the addition of kitchen
exhaust fans and grease interceptors.
6. That no off -sale or on -sale alcoholic beverages
shall be permitted in conjunction with the subject
restaurant, unless the Planning commission ap-
proves an amendment to this use permit.
7. That an odor control device for the coffee roast-
ing operation shall be installed if odors become a
significant problem.
G. That all employees shall park on -site, and that 6
standard sized parking spaces, including 3 tandem
parking spaces shall be striped in the parking
area adjacent to 31st Street.
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9. That all signs shall conform to the provisions of
Chapters 20.63.045 of the Municipal Code.
10. That a trash compactor shall be installed in
conjunction with the take-out restaurant facility.
11. That a washout area for refuse containers be
provided in such a way as to allow direct drainage
into the sewer system and not into the Bay or
storm drains, unless otherwise approved by the
Building Department.
12. That all mechanical equipment and trash areas
shall be screened from the adjacent street, alley
and adjoining properties, and that said trash
shall be stored at the rear of the site.
13. That no live entertainment or dancing shall be
Permitted in the restaurant unless the Planning
Commission approves an amendment to this Use
Permit.
14. That no more than 21 seats, including stools and
arm chairs shall be provided in the facility.
15. That the landscape planters shall be maintained at
the front of the building adjacent to the side-
walk.
16. That the parking requirements for the site shall
be reviewed by the Planning Department at such
time as the property is redeveloped.
17. That the Planning Commission may add 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.
18. That this use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
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of the 4 foot front yard setback for all new Constru '
will be substantially maintained,
conaims:
1. Thatshall besoo tl ce with
ans elwith
revised plot plan, flent
evations and
the
sections.
2, That the portion of the osure located within the 4
to West Bay Avenue shall
foot front yard setback �acent
in as not to exceed the height
be reduced in bei
odate the front end of a vehicle and
required to to
also provide equate roof drainage as required by the
Uniform ilding Code.
3. Th the overall height of the structure shall not exceed
feet above natural grade as depicted in the revised
plans presented at the hearing and made a part of this
application.
4. That all conditions of Resubdivision No. 854 shall be
fulfilled.
3j nni� No 326� (Amendedl(P�blic Hearinel
zees rto.t
Request to amend a previously approved use permit which
UP3263A
permitted the establishment of a take-out restaurant with
incidental seating to be operated in conjunction with an existing
Approved
retail wholesale coffee business on the ground floor and a
unit on the second floor of a building located in the
residential
"Retail and Service Commercial" area of the Cannery
"Village/McFadden Square Specific Plan. The proposed
involves a request to expand the "net public area" of
amendment
the restaurant use by adding a patio dining area and expanding
the interior dining area. The kitchen area is also proposed to be
expanded. The proposal also includes: a request to waive a
for the
portion of the required off-street parking spaces
to the Zoning Code so as to allow the
restaurant; a modification
use of tandem parking spaces for a portion of the proposed
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and a modification to allow a portion of the proposed
parking;
parking to encroach 5.feet into the required 10 foot rear yard
setback adjacent to an alley.
LOCATION: Lots 18 and 19, Block 430, Lancaster's
located at 506 31st Street, on the
Addition,
southerly side of 31st Street, between Villa
Way and Lafayette Avenue, in Cannery
Village.
ZONE: SP-6
APPLICANT; Alta Coffee Company, Newport Beach
OWNER: Cannery Village Investment Partnership,
Newport Beach
Commissioner Pers6n stated that the subject establishment is
based on a
within 300 feet of his residence; however,
with the City Attorney's Office it was determined
conversation
that the proximity of the property would not influence his
on that basis he would participate
decision in any manner and
in the public hearing.
James Hewicker, Planning Director, stated that it has not been
located in relationship
determined where the existing building is
lines inasmuch as the building is 30 feet 6 inches
to the property
and Lot 18 is only 30 feet wide.- He explained that the
wide
building either is located 6 inches over the lot line in an easterly
or westerly direction, and depending upon the building's location,
for
the applicant will have to come back to the. City a
Waiver of Parcel Map. Mr. Hewicker
Resubdivision or
the Cannery Village Specific Area Plan public hearings
addressed
and the expressed concerns to upgrade the area as much as
he stated that the subject building and the
possible wherein
adjacent structure on Lot 19 have been in existence for many
years.
Mr. Hewicker stated that to approach the outdoor dining area
have to walk on
that the applicant is proposing, the guests would
to reach the patio area. He indicated that
the public sidewalk
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the proposed patio area could be used for additional caking
which would lower the waiver of parking spaces t is
spaces
required to approve the subject application.
Chairman Pomeroy determined that the patio area could provide
two additional parking spaces and a pathway leading to the food
service area. Mr. Hewicker concurred.
Commissioner Gloverasked ifLots d 19 were owned
18 repl
by the same property lewicker replied that Lots 18
Lot 17 is owned by
and 19 are owned by the same party and
another property owner. In response to a question posed by
Commissioner Glover, Mr. Hewicker further replied that the
subject establishment is located on Lot 18, and six inches of the
building is located on either Lots 17 or 19.
In response to a question posed by Commissioner Edwards, Mr.
that if the foregoing 6 inches of the building
Hewicker explained
is on Lot 19, then the building is located over a common
property line where the lots are owned by the same property
a Resubdivision will be required so as to create a
owner, and
single building site. He said if 6 inches of the building is located
the building are situated on a lot
on Lot 17, then portions of
that is owned by one individual and six inches on a lot owned by
another individual; therefore, it would be impossible to combine
be a change of ownership.
the two properties unless there would
Mr. Hewicker explained that on that basis, the Planning
Commission could grant a Waiver of Parcel Map.
Chairman Pomeroy asked if the party owning Lots 18 and 19
18 as to avoid a
could grant an easement to Lot so
Resubdivision. Mr. Hewicker explained that the Zoning Code
requires a Resubdivision if the value of the improvements would
exceed more than $5,000.00.
In response to a question posed by Commissioner Pers6n, Mr.
has been waived where the
Hewicker replied that a parcel map
properties are under separate ownership; however, the regulations
do not allow the Planning Commission to waive a combining of
two parcels when they are under the same ownership.
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item,
The public hearing was opened in connection re
Ms. Patty Spooner, applicant, appeared befothis Planning
the growth of the coffee
Commission. Ms. Spooner addressed
establishment from a wholesale coffee house to a local take-out
restaurant, and she explained the importance to expand the
Ms. Spooner stated that an existing side door
restaurant area.
leads into the patio area, and she said that the space that would
not be utilized for the restaurant would be employed as a
signed by 500
recycling area. She addressed the petition
residents who have declared that they either ride a bicycle or
walk to the facility, and she requested that additional bicycle
racks be installed in lieu of the additional parking spaces
adequate parking spaces in the adjacent
inasmuch as there are
vicinity, including the 30th Street Municipal Parking Lot,
Ms. Spooner requested the deletion of Condition No. 13, in
Condition
Exhibit "A" requesting a survey of the property, and
No. 17 in Exhibit "A', requesting a resubdivision, inasmuch as the
property owner submitted a letter indicating that he would not
be willing to create one building site, inasmuch as the old
is redeveloped.
building will be demolished when the properly
that the owner's letter further states that in
She said property
order to comply with a FAR requirement they would be willing
to enter into a covenant to only lease two lots to Alta Coffee.
In reference to Condition No. 21 in Exhibit "A' regarding
Spooner requested that the
handicapped parking spaces, Ms.
handicap parking space be designated on the 31st Street
inasmuch as it would be too difficult to provide the parking
space on the property.
In response to a question posed by Commissioner Pers6n with
respect to the existing structure on Lot 19, Tony Wilson,
before the Planning Commission wherein he
applicant, appeared
commented that the applicants had not discussed the possibility
of demolishing the structure. Discussion ensued between Mr.
Wilson and Commissioner Pers6n with respect to the property
owners' interest to improve the property.
Discussion ensued between the Planning Commission, Mr.
Hewicker, and Assistant City Attorney Flory with regard to the
applicants' request to delete Conditions No. 13 and 17 in Exhibit
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"A" consideration by the Planning Commission to waive the
conditions, and the question of what lots the building exists.
Commissioner Pers6n concluded that inasmuch as the concerned
6 inches of the building encroachment is minimal that there
should be a policy that would allow the conditions to be waived.
Ms. Flory read Section 20.87.090 B of the Municipal Code,
Waiver of Combining Requirement, and she concluded that the
provision requires many findings. Commissioner Pers6n and
Commissioner Edwards concluded that inasmuch as the applicants
have a leasehold interest and not a fee interest, the Planning
be entitled to waive the requirements on the
Commission would
basis that the duration of the use permit is the duration of the
lease. Discussion ensued between Ms. Flory and the Planning
Commission concerning an applicable finding.
Mr. Hewicker indicated that the applicants would be required to
transfer development rights of 539 square feet from Lot No. 19
to Lot No. 18 as an alternative to a resubdivision, and be
questioned the property owner's willingness to transfer the
development intensity. In response to a question posed by
Commissioner Debay, Mr. Hewicker explained that if after
surveying the property and it was discovered that the building
was located on Lots 17 and 18, then the Planning Commission
would be able to grant a Waiver of Parcel Map; however, if the
building was located on Lots 18 and 19, it would require a
transfer of development rights so as to expand the use.
Discussion ensued between Commissioner Pers6n and Ms. Flory
regarding the transfer of development rights inasmuch as the
property owner supports the project. In response to a question
posed by Commissioner Pers6n, Mr. Hewicker replied that
Arnold Feuerstein signed the application as a General Partner
of Cannery Village Investment Partnership.
Mr. Wilson and Commissioner Edwards discussed the applicants'
agreement to conduct a survey, and the desire by the applicants
to waive the requirement of a Resubdivision. Commissioner
Debay stated that the property owner would not want to give up
the six inches on Lot 19 so as to have full development on the
individual lots.
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Commissioner Edwards suggested that the application be
continued so as to allow additional time to resolve concerns
expressed by the Planning Commission.
Commissioner Pers6n asked the applicants if they would agree to
come back to the Planning Commission for a review of the
Mr. Wilson agreed with the
proposed property improvements.
request.
In response to a question posed by Commissioner Glover, Mr.
Hewicker replied that the Transfer of Development Intensity
cannot be waived.
Ms. Flory addressed the ownership of lots, and the requirement
to make a finding that the building site is made up of a variety
of lots, and each lot has a different combination of ownership.
She concluded that the subject situation would not apply
18 19.
inasmuch as a single property owner owns Lots and
that a leasehold is an ownership
Commissioner Pers6n concluded
'interest in property.
The Planning Commission recessed at 9:00 p.m. and reconvened
at 9:10 P.M.
Mr. Tony Shepardson, 421 - 31st Street, appeared before the
the coffee shop on the basis
Planning Commission in support of
that the applicants are an asset to the community. He stated
that required parking spaces should not be a contributing factor
inasmuch as there is ample parking in the 30th Street Municipal
Parking Lot. Mr. Shepardson indicated that the existing structure
on Lot 19 was a boat facility, and he suggested that it not be
removed inasmuch as the structure retains the 'flavor' of Cannery
Village.
Ms. Jane Elliott, 508-1/2 31st Street, appeared before the
the coffee shop on the basis
Planning Commission in support of
that the coffee shop has improved the neighborhood, it has
improved the business community, it has many local supporters,
and the applicants provide good -will. Ms. Elliott pointed out
that were made on the subject property after
the improvements
the applicants opened the coffee shop. She said that the
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April 5, 1990
CITY OF NEWPORT BEACH
)roperty owners have an option to buy the property where she
asides which is adjacent to the subject property, and they intend
;o develop the three lots in the future.
h4s. Marianne Case, 423 - 31st Street, appeared before the
Planning Commission wherein she expressed her support of the
coffee shop and the local color that the establishment brings to
the community.
Mr. Peter Maxwell, appeared before the Planning Commission
in support of the coffee shop. Mr. Maxwell stated that based
on the current curb and gutter improvements in Cannery Village
that it would be feasible to conduct a survey of the site at this
time. Mr. Maxwell stated that there would be an improvement
to the adjacent structure on Lot 19 if it were painted and he
requested that the building remain inasmuch as it is a part of
"Old Newpote.
There being no others desiring to appear and be beard, the
public hearing was closed at this time.
Commissioner Debay indicated her desire to maintain the 'flavor'
of the coffee shop so as to retain the ambiance and charm of
Cannery Village. In response to a question posed by
Commissioner Debay, Mr. Hewicker explained that Condition No.
13,pExhibit "A", states that a survey would be performed after
aproval of the use permit so as to determine the exact property
line. Commissioner Debay suggested a condition that would
require a side door to provide access to the patio for customer
service.
Motion was made to approve Use Permit No. 3263 (Amended)
subject to the findings and conditions in Exhibit "A", including
Condition No. 28 stating that customer service shall be provided
through a side door to the patio area.
Commissioner Di Sano stated that an approved use permit would
give the applicants an opportunity to request that the property
owners invest in Conditions No. 13 and 17.
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Commissioner Pers6n stated that if the applicants come back to
the. Planning Commission because a Resubdivision is required
and the property owner does not agree to. a Resubdivision, that
staff find a legal way for the Planning Commission to waive the
requirement. In response to a question posed by Commissioner
Pers6n with respect to the applicant not being able to do any
alterations over $5,000. without a Resubdivision, Mr. Hewicker
explained that a Building Permit would not be issued that was
valued over $5,000.00.
Commissioner Glover supported the motion on the basis that the
coffee shop is an asset to the community and brings a human
City. She approved the adjacent
level to the area and to the
structure on Lot 19 on the assumption that it would be
renovated.
Commissioner Pers6n requested that the City Attorney's Office
to the Resubdivision requirement that would
provide exceptions
amend the Ordinance so as to address the 6 inch overlap of the
building onto an adjoining lot prior to the applicants coming
Commissioner Pers6n
back to the Planning Commission.
requested that the applicants submit a plan within 120 days that
would consist of what they intend to do to improve the building's
The maker of the motion denied the request to amend
exterior.
the motion.
Motion was voted on to approve Use Permit No. 3263 subject to
the findings and conditions in Exhibit "A", including added
Condition No. 28 requesting a side door to the patio area.
All Ayes
MOTION CARRIED.
FINDINGS
1. That the proposed use is consistent with the Land Use
Elements of the General Plan and the Local Coastal
Program, and is compatible with surrounding land uses.
2. That the project will not have any significant
environmental impact.
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3. That adequate parking is available on -site to accommodate
the proposed restaurant facility inasmuch as a majority of
the patrons either work or reside or are otherwise already
visiting in the vicinity,
4. That the waiver of the development standards as they
pertain to circulation, walls, landscaping, parking lot
illumination, utilities and a portion of the required parking
(14 spaces) will not be detrimental to adjoining properties.
5. That the parking spaces proposed to encroach 5 feet into
the required 10 foot alley setback will not interfere with
loading and unloading of commercial vehicles adjacent to
the alley or with the passage of vehicles through the alley.
6. That the hours of operation of the proposed evening
dinner use has adequate on -site plus on -street parking on
31st Street and off-street parking in the nearby Cannery
Village Municipal Parking Lot to serve the proposed use.
7. That the acceptance of the applicant's premise of
separation of the restaurant use from the wholesale
business use is consistent with the intent of the FAR
Ordinance and is consistent with the Land Use Element
of the General Plan and the Land Use Plan of the
Adopted Local Coastal Program.
g. That the approval of a modification to the Zoning Code
so as to permit tandem parking and a portion of the
parking spaces to encroach 5 feet into the required 10
foot alley setback will not, under the circumstances of this
particular case, be detrimental to the health, safety, peace,
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 and
further that the proposed modification is consistent with
the legislative intent of Title 20 of this Code.
9. That the design of the proposed improvements will not
conflict with any easements acquired by the public at large
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for access through or use of property within the proposed
development.
10. That the approval of Use Permit No. 3263 (Amended) will
not, under the circumstances of this case, be detrimental
to the health, safety, peace, morals, comfort and general
welfare of persons residing and working in the
neighborhood, or be detrimental or injurious to property
and improvements in the neighborhood or to the general
welfare of the City.
CONDITIONS:
1. That development shall be in substantial conformance with
the approved plot plan and floor plans, except as noted
below.
2. That the on -site parking shall be revised to eliminate the
fence and structures from the 10 foot alley setback, other
than the support posts of the overhead structure or the
structural block wall located on the westerly side property
line.
3. That the development standards pertaining to parking lot
illumination, circulation, walls, landscaping and utilities,
and a portion of the required parking (14 spaces) shall be
waived.
4. That tables and a maximum of 31 seats shall be permitted
in the interior dining area of the restaurant facility and
the outdoor dining area shall be limited to a maximum of
20 seats and that any increase in the number of seating
shall require amending this Use Permit.
5. That the restaurant facility shall be open only between the
hours of 7:00 a.m. and 6:00 p.m. Sunday through Thursday
and 7:00 a.m. to 11:00 p.m. Fridays and Saturdays and any
increase in the hours shall be subject to approval of an
amendment to this Use Permit.
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6. That one bathroom accessible to the handicapped shall be
provided for each sex, unless otherwise approved by the
Building Department.
7. That trash receptacles for patrons shall be located in
convenient locations inside and outside the building.
8. That a washout area for refuse containers be provided in
such a way as to allow direct drainage into the sewer
system and not into the Bay or storm drains unless
otherwise approved by the Building Department and the
Public Works Department.
9. That a trash compactor be provided in the restaurant
facility.
10. 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,
11. That kitchen exhaust fans shall be designed to control
smoke and odor to the satisfaction of the Building
Department,
12. That an odor control device for the coffee roasting
operation shall be installed if odors become a significant
problem.
13. That a survey of the property shall be performed by a
licensed surveyor or civil engineer to accurately determine
the location of the building and structures on the subject
property at which time the applicant shall file the
appropriate application with the Planning Department to
bring the building into conformance with Section 20.07
FAR Ordinance of the Newport Beach Municipal Code.
14, That Coastal Commission approval shall be obtained prior
to the issuance of building permits.
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15. That no live entertainment or dancing shall be permitted
in the restaurant unless the Planning Commission approves
an amendment to this Use Permit.
16. That all restaurant employees shall be required to park
on -site during the daytime operation of the restaurant, and
after 5:00 p.m. shall park in the Cannery Village
Municipal Parking Lot or adjacent Municipal parking lots.
17. That a resubdivision be approved to combine the lots into
one building site if applicable.
18. That no temporary "sandwich" signs shall be permitted to
'
advertise the approved restaurant facility.
19. That all mechanical equipment and trash areas shall be
alley and adjoining
screened from the adjacent street,
properties, and that said trash shall be stored at the rear
of the site.
20. That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further review
by the Traffic Engineer.
21. That the required number of handicapped parking spaces
shall be designated within the on -site parking area and
shall be used solely for handicapped self -parking. One
handicapped sign on a post and one handicapped sign on
be for each handicapped
the pavement shall required
space.
22. That no on -sale alcoholic beverages shall be permitted in
conjunction with the subject restaurant, unless the Planning
Commission approves an amendment to this Use Permit.
23. That the restaurant facility shall be reduced in area so as
Development Allocation permitted
not to exceed the Base
for the site.
24. That the sidewalk in front of the subject facility shall be
Said shall
kept clean and regularly maintained: sidewalk
-30-
,COMMISSIONERS
0011�110;,RXNRI'n �\�
April 5. 149t1
MINUTES
CITY OF NEWPORT BEACH
ROLL CALL
INDEX
be swept, vacuumed, or washed in such a manner that any
debris or wastewater does not enter the storm drain
system or the Bay.
25. That two on -site parking spaces (including one tandem
shall be marked "reserved for residential use", and
space)
shall be utilized only by the tenants of the dwelling unit
at all times.
26. That the Planning Commission may add or modify
conditions of approval to the use permit, or recommend
to the City Council the revocation of this use permit, upon
a determination that the operation which is the subject of
this use permit, cause injury, or is detrimental to the
health, safety, peace, morals, comfort or general welfare
of the community.
27. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
28. That a side door be provided for customer service from
the restaurant to the patio area so as to avoid the use of
the public sidewalk.
)
Usehermit No 3317 (Public He:mainta'
Item u0.9
Request to approve a use pero as to commercial
UP3377
development on the site which Floor Area Ratio
which is less than 0.25; and to aa general office use which
SPR 57
must be in conjunction wit ncentive Use occupying at least
40% of the site. roposal also includes a modification to
Approved
the Zoning Code -so as to allow the use of a tandem parking
space f portion of the required commercial parking spaces;
e acceptance of an environmental document.
AND
-31-
Se-
Planning Commission Meeting Aprii 5. 1990
Agenda Item No. 8
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No. 3263 (Amended)(Public Hearing)
Request to amend a previously approved use permit which permitted
the establishment of a take-out restaurant with incidental seating to
be operated in conjunction with an existing retail wholesale coffee
business on the ground floor and a residential unit on the second
floor of a building located in the "Retail and Service Commercial"
area of the Cannery Village/McFadden Square Specific Plan. The
proposed amendment involves a request to expand the "net public
area" of the restaurant use by adding a patio dining area and
expanding the. interior dining area. The kitchen area is also
proposed to be expanded. The proposal also includes: a request to
waive a portion of the required off-street parking spaces for the
restaurant; a modification to the Zoning Code so as to allow the use
of tandem parking spaces for a portion of the proposed parking; and
a modification to allow a portion of the proposed parking to
encroach 5 feet into the required 10 foot rear yard setback adjacent
to an alley.
LOCATION: Lots 18 and 19, Block 430, Lancaster's Addition, located at 506 31st
Street, on the southerly side of 31st Street, between Villa Way and
Lafayette Avenue, in Cannery Village.
ZONE: SP-6
APPLICANT: Alta Coffee Company, Newport Beach
OWNER: Cannery Village Investment Partnership, Newport Beach
Application
This is a request to amend a previously approved use permit to expand the "net public
area" of the restaurant use by adding an outdoor patio dining area and expanding the
interior dining area. The kitchen area is also proposed to be expanded. Also included
in the application is a request to waive a portion of the required off-street parking spaces
for the restaurant; a modification to the Zoning Code so as to allow the use of tandem
parking spaces for a portion of the proposed parking; and a modification to allow a
portion of the proposed parking to encroach 5 feet into the required 10 foot rear yard
setback adjacent to an alley. The proposed change in the operational characteristics will
?3
' TO: Planm,.d Commission - 2
change to an existing take-out restaurant usea full service restaurant which is subject to
approval of an amendment to the existing use permit. Use permit procedures are set
forth in Chapter 20.80 and modification procedures are outlined in Chapter 20.81 of the
Municipal Code.
This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class
1 (Existing Facilities).
The Land Use Element of the General Plan and the Land Use Element of the focal
Coastal Program designate the site for "Retail and Service Commercial" uses.
Restaurants are a permitted use, subject to the approval of a use permit in each case.
Inasmuch as the subject property is in the Coastal Zone and this item is discretionary,
Coastal Commission approval will be required.
In "Car aery Village", commercial. areas are allowed a maximum floor area ratio of
0.511.0; however, the Land Use Element general (City-wide) policies also state that "any
uses with a higher than 60 trips per 1,000 square feet for daily use or 3 trips per 1,000
square feet for peak hour traffic would be limited to a reduced F.A.R. calculated prorata
on trip generation characteristics." A restaurant is such a use. The general policy
statement continues, "the lowest floor area allowed by these two (2) calculations [the
"base", ur area F.A.R., and the use characteristics] shall apply." The Zoning Code
establishes the maximum F.A.R. for a restaurant to be 0.3, based upon its traffic
generation qualities. The existing structure located on Lot No. 18, Block 430 of
Lancaster's Addition contains approximately 1,934^ square feet of commercial use, on
a parcel of 2,790 square feet with a resultant commercial FAR of 0.693±. The allowable
commercial FAR of 0.5 is currently exceeded by approximately 0.193 which is
approximately 539* square feet more than allowed by the Land Use Element of the
General Plan.
The subject building which currently houses the existing take-out restaurant is 30 feet 6
inches wide and the two lots involved are each 30 feet wide. The subject building
therefore crosses either the interior property line between Lots 18 and 19 or the interior
property line between Lots 17 and 18. For this reason, the structure or the proposed
uses cannot be brought into compliance with the Section 20.07 of the Newport Beach
Municipal Code until the property is either resubdivided into single building site or a
transfer of development intensity is approved.
'3�
TO; Plannii,g:Commission - 3
The applicant has been informed that a survey will be required to determine the exact
location of the building in relation to the interior property lines. The applicant has
chosen to continue with the use permit application to obtain approval before incurring
the cost of a licensed surveyor or civil engineer.
Resubdivision Requirement
If the structure crosses the interior property line between Lots 18 and 19, a resubdivision
to combine the two lots into a single parcel or building site will be required in
accordance with Section 20.87.090 A Combining of Lots and Parcels Required. This is
required if both lots are under the ownership of one person, which they are in this case.
Waiver of Combining Requirement
If the structure crosses the interior property line between Lots 17 and 18, a waiver of
combining requirement must be approved by the Planning Commission in accordance with
Section 20.87.090 B Waiver of Combining Requirement. This can only occur if both lots
are under separate ownership. If this is the case, a transfer of development intensity
could be appro ted by use permit in order to bring the subject property into compliance
with the FAR Ordinance requirements.
Transfer of Development Intensity
This alternative to a resubdivision is available pnly if the building does not cross the
interior property line between the subject property of Lots 18 and 19.
The Cannery Village/McFadden Square Specific Plan allows for the Transfer of
Development Intensity between parcels as stated in Section No. 20.63.045 E.
"E. TRANSFER OF DEVELOPMENT INTENSITY. The Planning
Commission, by use permit, may provide for the transfer of development
intensity from one or more parcels to any other parcel or parcels, provided
that suitable legally binding agreements shall be established so as to assure
that the total building floor area permitted on said parcels shall not exceed
the floor area which would otherwise be permitted by this chapter, and
further provided the building floor area on any one buildable site to which
development intensity has been transferred shall in no event exceed two
times the buildable area of the site."
The transfer of development intensity requires that the two parcels shall be combined
in such a way that the nonconforming FAR status of the existing structure on Lot No.
18 and a portion of Lot 17 be eliminated, typically by a covenant document entered into
by the owner of the property and the City. The amount of development which would
be surrendered by Lot No. 19 in such a transfer would be approximately 539± square
feet. The covenant would also include the requirement that parking shall be limited to
the use of the subject property uses only. The transfer of development intensity would
�S
TO: Planning' Commission - 4
bring both parcels into conformance with the FAR Ordinance.
The applicant has suggested that the proposed restaurant and the wholesale coffee
business be treated as separate entities though not physically separated and accept the
premise that only a portion (a percentage) of particular shared areas, as indicated below,
be counted toward the reduced and maximum FAR use categories. Staff agrees with the
applicant's premise. The weighted development for the proposed facility based on the
breakdown of each part of the building and its particular uses is as follows:
Rrctaurant Use (Lcduced FAR uV4
interior dining area and service bar 690± sq.ft.
food preparation and kitchen area 380± sq.ft.
restrooms 98± sq.ft.
outdoor dining area 192± sgft.
storage area (50% of 150 sq.ft.) 75± sq.ft.
janitorial storage (50% of 34 sq.ft.) 17±, sq.ft.
6-4nging room 32± sq.ft.
1,484± sq.ft.
Wholesale Business Use (maximum FAR use)
packing and shipping area 139± sq.ft.
roasting area 169± sq.ft.
changing room (no credit) 0 sq.ft.
storage area (50% of 150 sq.ft.) 75± sq.ft.
janitorial storage (50°Io of 34 sgft.) 17± sq.ft.
office area 238± sq.ft.
638± sq.ft.
Weighted Development FARvs. Base Development Allocation (BDA)
FAR Use Gateeory Wei bin¢ Factor Wsieht d Sq.Ft.
1,494 sq.ft. Reduced X 1.67 2,478.3± sq.ft.
638 sq.ft. Maximum X 0.50 319.0± sq.ft.
Total Weighted Sq.Ft.(May not exceed BDA) 2,797.3± sq.ft.
Base Development Allocation - 2.7 2k± sa.ft.
Square Footage Exceeding BDA 7.3± sq.ft.
3�
TO: Planning) Commission - 5
The proposed weighted development square footage for the restaurant facility would
exceed the permitted base development allocation by 7.3± square feet which would be
inconsistent with Section 20.07 (FAR Ordinance) of the Newport Beach Municipal Code.
However, the amount of square footage exceeding the BDA is compensable by a
reduction in the square footage in one of the areas of the restaurant which could bring
the uses into compliance with the FAR Ordinance.
Sn ject P=erty and Surrounding Land Uses
The subject property is occupied by two structures, one of which contains a second floor
residential unit and 1,934± gross square feet of commercial space on the first floor,
including the subject facility and the balance of the facility unoccupied formerly occupied
by a clothing designer. The other 1,534± square foot structure is an open, roofed
structure which is currently being utilized as a storage area. To the north, across 31st
Street, is a retail facility; to the east is a residence and office uses; to the south, across
a 14 foot wide alley is a commercial office building and the Cafe Lido Restaurant; and
to the west is a multi -family residential structure.
Background
On April 9, 1987, the Planning Commission approved Use Permit No. 3263 which
permitted the establishment of a take-out restaurant with incidental seating to be
operated in conjunction with an existing retail wholesale coffee business on the ground
floor and a residential unit on the second floor of a building located in the "Retail and
Service Commercial" area of the Cannery Village/McFadden Square Specific Plan. The
approval included a request to waive a portion of the required off-street parking (23
spaces), and a modification to the Zoning Code to permit tandem and compact parking
spaces.
Staff has worked with the applicant for the past several months in an effort to determine
whether or not the existing restaurant could be either expanded or change the
operational characteristics. The applicant was informed of the various requirements
dealing with the resubdivision of the two lots and the conversations were made under the
assumption that the structure was located entirely on Lot 18. The letter sent to the
applicant dated January 25, 1990, was a response to the applicant and made on the
predication that the building did not cross a property line. Subsequent to the letter the
building was determined to be wider than the lot involved as discussed previously in this
report.
Analysis
The applicant has indicated to staff that he is proposing to change the operational
characteristics of the existing take-out restaurant to establish a full service restaurant
which will change the current operational characteristics. The applicant proposes the
restaurant to provide 752± square feet of "net public area" (including the 192 sq.ft. patio
dining area) with 9 on -site parking spaces, 3 of which are tandem spaces. The previous
0
TO: Planning Commission - 6
take-out restaurant operation provided 1,210 gross square feet of wholesale and take-
out restaurant footage and 6 on -site parking spaces. The facility currently serves coffee,
tea, pastries, soup, salad and similar items. Hours of operation are from 7:00 a.m. to
6 p.m., Monday through Saturday and 9:00 a.m. to 2:00 p.m. on Sunday. A maximum
of 3 employees are on duty during peak hours. The facility currently contains tables with
22 seats and 2 stools at a counter, for a total of 24 seats (where Condition of Approval
No. 14 of Use Permit No. 3263 permitted only 21 seats).
The applicant proposes to operate the restaurant for breakfast and lunch service during
daytime hours and dinner on Friday and Saturday evenings. The hours of operation will
be from 7:00 a m. to 6:00 p.m., Sunday through Thursday, and from 7.00 a.m. to 11:00
p.m., Friday and Saturday. The proposal includes the addition of tables and 7 seats,
(for a total of 31 seats) inside the building, and outdoor patio dining area with tables
and 20 seats, which is to be located in the currently existing parking lot adjacent to 31st
Street. A total of 6 employees will be on duty during peak hours, including 2 employees
in the wholesale business use.
Lot Arep:
Lot 18
Lot 19
Total
Gross Building Area Allowed:
(5.580 x 0.5 = 2,790 sq.ft.)
Building Square Footage
First Floor
Second Floor
Gross Building
31st Street setback:
Alley (rear) setback:
Side setback:
Bast Side
West Side
Area Proposed
2,790t sq.ft.
2.790± ,sa.ft.
5,580t sq.ft.
2,790t sq.ft.
1,934t sq.ft.
1.025t sa.ft.
2,959t sq.ft.
Required Existing or Proposed
5 feet 0 feet
10 feet 28 feet for
building;
3 feet for
overhead structure;
5 feet for parking.
0 feet 0 feet to building;
0 feet 29.5 t feet to building;
0 feet to overhead
structure.
3�
TO: Planning Commission - 7
Proposed Parking:
7 on -site parking spaces devoted to the restaurant (includes 2 tandem spaces)
2 on -site parking spaces for the residential unit (includes 1 tandem space)
9 on -site parking spaces provided
Modification Request
The applicant is requesting a modification to the Zoning Code to allow the use of
tandem parking for a portion of the required parking spaces for the subject facility and
to allow a portion of the required parking spaces to encroach 5 feet into the required
10 foot rear alley setback The City Traffic Engineer has no objection to the use of the
tandem spaces inasmuch as the previous use permit allowed such use in the past. The
City Traffic Engineer and the Public Works Department do object, however, to the 5
foot encroachment into the 10 foot alley setback, unless most of the obstructions within
the setback are removed. The obstructions which they do not object to remain are the
support posts which support the overhead roof structure and the structural wall which
also supports the overhead roof structure.
Parking Requirement Based on a Conventional Full Service Restaurant
The parking requirement for the subject restaurant based upon a requirement of one
parking space for each. 40 square feet of "net public area" is 19 parking spaces (752
sq.ft. _ 40 = 18.8 or 19 parking spaces). The parking requirement could vary from 16
spaces (one parking space for each 50 sq.ft. of "net public area") to 26 spaces (one
parking space for each 30 sq.ft. of "net public area"). Staff is of the opinion that one
parking space for each 40 sq.ft. of "net public area" is a typical requirement for this type
of a full -service restaurant.
Under Section 20.30.035 B of the Municipal Code which requires one space for each 250
square feet of commercial space, a retail use would generate a requirement for 6 parking
spaces. Thus, based on the above requirements, 13 additional parking spaces would be
required, over and above what the current uses would require, for the restaurant facility.
The applicant is requesting that all additional required parking be waived in conjunction
with this approval.
Parking Requirement
The parking requirement for all the uses on -site generates a need for 23 parking spaces
(19 restaurant + 2 residential unit + 2 wholesale business = 23 spaces). Inasmuch as
only 9 parking spaces are proposed in conjunction with the proposed restaurant expansion
a deficit of 14 parking spaces will result. Staff is aware that the current operation does
not have a parking problem during the day, inasmuch as most of the customers walk to
the facility from nearby residential or commercial areas. However, .it appears that a full -
service restaurant open until 11:00 p.m. on weekends would become more of a
destination point, which would require more parking. If the area proposed for outdoor
37
TO: Planning Commission - 8
patio dining were eliminated, 4 additional parking spaces (including 2 tandem spaces)
could be provided on -site for a total of 13 spaces. Only 14 parking spaces would be
required for the restaurant facility with less "net public area" (560 sq.ft. of interior "net
public area" T 40 = 14 spaces). A deficit of only 5 parking spaces would be necessary.
It should be noted that the deletion of the outdoor patio area would also eliminate the
need for customers or waiters with food or beverages to walk out of the building onto
the public sidewalk to the outdoor area.
Chapter 20.72 of the Municipal Code contains development standards for restaurants to
ensure that any proposed development will be compatible with adjoining properties and
streets. Said development standards include specific requirements for building setba ks,
parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior
illumination, signing, underground utilities, and storage. Section 20.72.130 of the
Municipal Code states that any of the above mentioned development standards for
restaurants may be modified or waived if such modification or waiver will achieve
substantially the same results and will in no way be more detrimental to adjacent
properties or improvements than will the strict compliance with the standards.
Staff is of the opinion that the on -'site development standards as they apply to walls, of
the landscaping, parking lot illumination, and utilities, should be waived if the Planning
Commission approves this application because of the existing physical characteristics of
the site.
e,i�lF-,,,
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant
any use permit, the Planning Commission shall find that the establishment, maintenance
or operation of the use or building applied for will not, under the circumstances of the
particular case, be detrimental to the health, safety, peace, morals, comfort, and general
welfare of persons residing or working in the neighborhood of such proposed use or be
detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City.
Should the Planning Commission wish to approve this application as requested by the
applicant, appropriate findings and conditions in conjunction with the applicant's request
are set forth in the attached Exhibit "A". However, if the Planning Commission wishes
to approve this application, but disallow the outdoor dining area and replace it with
additional parking, appropriate findings and conditions are set forth in the attached
Exhibit "B". Should the Planning Commission desire to deny this application, the findings
set forth in the attached Exhibit "C' are suggested.
TO: Planning Commission - 9
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
i
By
IAVIER . GARCIA
Senior Planner
F:\WP50\JAY\UP\REST\UP3263A
Attachments: Exhibit "A"
Exhibit "B"
Exhibit "C'
Vicinity Map
Excerpt of Planning Commission Minutes
dated April 9, 1987
Utter from Applicant Describing Request
Letter from Planning Department to Applicant
dated January 25, 1990 1
Petition ih Favor of Applicant's Request
Letter of Support
Plot Plan and Floor Plans
41
TO: Planning Commission - 10
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL
FOR USE PERMIT NO. 3263 (Amended)
(approves application with patio dining area)
FINDINGS
1. That the proposed use is consistent with the Land Use
Elements of the General Plan and the Local Coastal Program,
and is compatible with surrounding land uses.
2. That the project will not have any significant environmental
impact.
3. That adequate parking is available on -site to accommodate
the proposed restaurant facility inasmuch as a majority of the
patrons either work or reside or are otherwise already visiting
in the vicinity.
4. That the waiver of the development standards as they pertain,
to- circulation, walls, landscaping, parking lot illumination,
utilities and a portion of the required parking (14 spaces) will
not be detrimental to adjoining properties.
5. That the parking spaces proposed to encroach 5 feet into the
required 10 foot alley setback will not interfere with loading
and unloading of commercial vehicles adjacent to the alley
or with the passage of vehicles through the alley.
6. That the hours of operation of the proposed evening dinner
use has adequate on -site plus on -street parking on 31st Street
and off-street parking in the nearby Cannery Village
Municipal Parking Lot to serve the proposed use.
7. That the acceptance of the applicant's premise of separation
of the restaurant use from the wholesale business use is
consistent with the intent of the FAR Ordinance and is
consistent with the Land Use Element of the General PIan
and the Land Use Plan of the Adopted Local Coastal
Program,
8. That the approval of a modification to the Zoning Code so
as to permit tandem parking and a portion of the parking
spaces to encroach 5 feet into the required 10 foot alley
setback will not, under the circumstances of this particular
case, be detrimental to the health, safety, peace, comfort, and
general welfare of persons residing or working in the
%�
TO: Planning/Commission - 11
neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood
or the general welfare of the City and further that the
proposed modification is consistent with the legislative intent
of Title 20 of this Code.
9. That the design of the proposed improvements will not
conflict with any easements acquired by the public at large for
access through or use of property within the proposed
development.
10. That the approval of Use Permit No. 3263 (Amended) will
not, under the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort and general welfare
of persons residing and working in the neighborhood, or be
detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
CONDITIONS:
1. That development shall be in substantial conformance with
the approved plot plan and floor plans, except as noted
below.
2. That the on -site parking shall be revised to eliminate the
fence and structures from the 10 foot alley setback, other than
the support posts of the overhead structure or the structural
block wall located on the westerly side property line.
3. That the development standards pertaining to parking lot
illumination, circulation, walls, landscaping and utilities, and
a portion of the required parking (14 spaces) shall be waived.
4. That tables and a maximum of 31 seats shall be permitted in
the interior dining area of the restaurant facility and the
outdoor dining area shall be limited to a maximum of 20
seats and that any increase in the number of seating shall
require amending this Use Permit.
5. That the restaurant facility shall be open only between the
hours of 7:00 a.m. and 6:00 p.m. Sunday through Thursday
and 7:00 a.m. to 11:00 p.m. Fridays and Saturdays and any
increase in the hours shall be subject to approval of an
amendment to this Use Permit.
P
TO: Planning Commission - 12
6. That one bathroom accessible to the handicapped shall be
provided for each sex, unless otherwise approved by the
Building Department.
7. That trash receptacles for patrons shall be located in
convenient locations inside and outside the building.
8. That a washout area for refuse containers be provided in such
a way as to allow direct drainage into the sewer system and
not into the Bay or storm drains unless otherwise approved
by the Building Department and the Public Works
Department.
9. That a trash compactor be provided in the restaurant facility.
10. 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.
11. That kitchen exhaust fans sball be designed to control smoke
and odor to the satisfaction of the Building Department.
12. That an odor control device for the coffee roasting operation
shall be installed if odors become a significant problem.
13. That a survey of the property shall be performed by a
licensed surveyor or civil engineer to accurately determine
the location of the building and structures on the subject
property at which time the applicant shall file the appropriate
application with the Planning Department to bring the
building into conformance with Section 20.07 FAR Ordinance
of the Newport Beach Municipal Code.
14. That Coastal Commission approval shall be obtained prior to
the issuance of building permits.
15. That no live entertainment or dancing shall be permitted in
the restaurant unless the Planning Commission approves an
amendment to this Use Permit.
16. That all restaurant employees shall be required to park on -
site during the daytime operation of the restaurant, and after
5:00 p.m. shall park in the Cannery Village Municipal Parking
Lot or adjacent Municipal parking lots.
TO: Planning Commission - 13
17. That a resubdivision be approved to combine the lots into
one building site if applicable.
18. That no temporary "sandwich" signs shall be permitted to
advertise the approved restaurant facility.
19. That all mechanical equipment and trash areas shall be
screened from the adjacent street, alley and adjoining
properties, and that said trash shall be stored at the rear of
the site.
20. That the on -site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the Traffic
Engineer.
21. That the required number of handicapped parking spaces shall
be designated within the on -site parking area and shall be
used solely for handicapped self -parking. One handicapped
sign on a post and one handicapped sign on the pavement
shall be required for each handicapped space.
22. That no on -sale alcoholic beverages shall be permitted in
conjunction with the subject restaurant, unless the Planning
Commission approves an amendment to this Use Permit.
23. That the restaurant facility shall be reduced in area so as not
to exceed the Base Development Allocation permitted for the
site.
24. That the sidewalk in front of the subject facility shall be kept
clean and regularly maintained. Said sidewalk shall be swept,
vacuumed, or washed in such a manner that any debris or
wastewater does not enter the storm drain system or the Bay.
25. That two on -site parking spaces (including one tandem space)
shall be marked "reserved for residential use", and shall be
utilized only by the tenants of the dwelling unit at all times.
26. That the Planning Commission may add or modify conditions
of approval to the use permit, or recommend to the City
Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, cause injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare of the
community.
TO: Planning Commission - 14
27. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
IN
TO: Planning Commission - 15
E MIT "B°
FINDINGS AND CONDITIONS OF APPROVAL
FOR USE PERMrr NO. 3263 (Amended)
(approves application without patio dining area)
FINDINGS
1. That the proposed use is consistent with the Land Use
Elements of the General Plan and the Local Coastal Program,
and is compatible with surrounding land uses.
2. That the project will not have any significant environmental
impact.
3. That adequate parking is available on -site to accommodate
the proposed restaurant facility inasmuch as a majority of the
patrons either work or reside or are otherwise already visiting
in the vicinity.
4. That the waiver of the development standards as they pertain
to' circulation, walls, landscaping, parking lot illumination,
utilities and a portion of the required parking (5 spaces) will
not be detrimental to adjoining properties.
5. That the parking spaces proposed to encroach 5 feet into the
required 10 foot alley setback will not interfere with loading
and unloading of commercial vehicles adjacent to the alley
or with the passage of vehicles through the alley.
6. That the hours of operation of the proposed evening dinner
use has adequate on -site plus on -street parking on 31st Street
and off-street parking in the nearby Cannery Village
Municipal Parking Lot to serve the proposed use.
7. That the acceptance of the applicant's premise of separation
of the restaurant use from the wholesale business use is
consistent with the intent of the FAR Ordinance and is
consistent with the Land Use Element of the General Plan
and the Land Use Plan of the Adopted Local Coastal
Program.
8. That the elimination of the patio dining area will allow for
4 additional parking spaces which will further reduce the
deficit in parking from 14 to 5 spaces in conjunction with the
proposed restaurant expansion.
qZ
TO: Planni, Commission - 16
9. That the approval of a modification to the Zoning Code so
as to permit tandem parking and a portion of the parking
spaces to encroach 5 feet into the required 10 foot alley
setback will not, under the circumstances of this particular
case, be detrimental to the health, safety, peace, 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 and further that the
proposed modification is consistent with the legislative intent
of Title 20 of this Code.
10. That the design of the proposed improvements will not
conflict with any easements acquired by the public at large for
access through or use of property within the proposed
development.
11. That the approval of Use Permit No. 3263 (Amended) will
not, under the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort and general welfare
of persons residing and working in the neighborhood, or be
detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
1. That development shall be in substantial conformance with
the approved plot plan and floor plans, except as noted
below.
2. That the on -site parking shall be revised to eliminate the
fence and structures from the 10 foot alley setback, other than
the support posts of the overhead structure or the structural
block wall located on the westerly side property line of the
subject property.
3. That the patio dining area shall be deleted and the 4 parking
spaces which were to be removed shall be retained as
currently exist in that location (3 tandem spaces with access
from 31st Street).
4. That tables and a maximum of 31 seats shall be permitted in
the interior dining area of the restaurant facility and no
outdoor dining or seating shall be permitted unless an
amendment to this Use Permit is approved. That any
increase in the number of seating shall require amending this
�b
TO: Plannin6lmmission - 17 1
Use Permit.
5. That the development standards pertaining to parking lot
illumination, circulation, walls, landscaping and utilities, and
a portion of the required parking (5 spaces) shall be waived.
6. That the restaurant facility shall be open only between the
hours of 7.00 a.m. and 6:00 p.m. Sunday through Thursday
and 7:00 am. to 11:00 p.m. Fridays and Saturdays and any
increase in the hours shall be subject to approval of an
amendment to this Use Permit.
7. That one bathroom accessible to the handicapped shall be
provided for each sex, unless otherwise approved by the
Building Department.
8. That trash receptacles for patrons shall be located in
convenient locations inside and outside the building.
9. That a washout area for refuse containers be provided in such
a way as to allow direct drainage into the sewer system and
not into the Bay or storm drains unless otherwise approved
by the Building Department and the Public Works
Department.
10. That a trash compactor be provided in the restaurant facility.
11. 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.
12. That kitchen exhaust fans shall be designed to control smoke
and odor to the satisfaction of the Building Department.
13. That an odor control device for the coffee roasting operation
shall be installed if odors become a significant problem.
14. That a survey of the property shall be performed by a
licensed surveyor or civil engineer to accurately determine
the location of the building and structures on the subject
property at which time the applicant shall file the appropriate
application with the Planning Department to bring the
building into conformance with Section 20.07 FAR Ordinance
of the Newport Beach Municipal Code.
Zia
TO: Plannint ommission - 18
15. That Coastal Commission approval shall be obtained prior to
the issuance of building permits.
16. That no live entertainment or dancing shall be permitted in
the restaurant unless the Planning Commission approves an
amendment to this Use Permit.
17. That all restaurant employees shall be required to park on -
site during the daytime operation of the restaurant, and after
5:00 p.m. shall park in the Cannery Village Municipal Parking
%t or adjacent Municipal parking lots.
18. That a resubdivision be approved to combine the lots into
one building site if applicable.
19. That no temporary "sandwich" signs shall be permitted to
advertise the restaurant facility.
20. That all mechanical equipment and trash areas shall be
screened from the adjacent street, alley and adjoining
properties, and that said trash shall be stored at the rear of
the site.
21. That the on -site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the Traffic
Engineer.
22. That the required number of handicapped parking spaces shall
be designated within the on -site parking area and shall be
used solely for handicapped self -parking. One handicapped
sign on a post and one handicapped sign on the pavement
shall be required for each handicapped space.
23. That no on -sale alcoholic beverages shall be permitted in
conjunction with the subject restaurant, unless the Planning
Commission approves an amendment to this Use Permit.
25. That the sidewalk in front of the subject facility shall be kept
clean and regularly maintained. Said sidewalk shall be swept,
vacuumed, or washed in such a manner that any debris or
wastewater does not enter the storm drain system or the Bay.
26. That two on -site parking spaces (including one tandem space)
shall be marked "reserved for residential use"), and shall be
utilized only by the tenants of the dwelling unit at all times.
`y
TO: Planninb .Commission - 19
27. That the Planning Commission may add or modify conditions
of approval to the use permit, or recommend to the City
Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, cause injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare of the
community.
28. That this use permit shall
months from the date of
20.80.090A of the Newport
expire if not exercised within 24
approval as specified in Section
Beach Municipal Code.
5rf
TO: Plan,_ ) Commission - 20
EXHIBIT"C"
FINDINGS FOR DENIAL OF
USE PERMIT NO. 3263 (Amended)
1. That the proposed conversion of the take-out restaurant to a
full -service restaurant represents an intensification of use that
will result in an increased parking demand for the area.
2. That the proposed change in operational characteristics of the
restaurant and increase in square footage and "net public
area" will increase the intensification of use of the property
without providing adequate off-street parking on the site.
3. That adequate off-street parking is not available for the
proposed conversion of the take-out restaurant use to a
conventional restaurant to satisfy the requirements of Section
20.30.035 of the Newport Beach Municipal Code.
4. That approval of the request to waive a portion of the
required parking in conjunction with proposed restaurant
facility as set forth in the Municipal Code would be
detrimental to adjacent properties or improvements.
5. That the approval of a modification to the Zoning Code so
as to permit tandem parking and a portion of the parking
spaces to encroach 5 feet into the required 10 foot alley
setback will, under the circumstances of this particular case,
be detrimental to the health, safety, peace, 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 and further that the
proposed modification is not consistent with the legislative
intent of Title 20 of this Code.
6. That the approval of Use Permit No. 3263 (Amended) will,
under the circumstances of this case, be detrimental to the
health, safety, peace, morals, comfort and general welfare of
persons residing or working in the neighborhood or to the
general welfare of the City.
V
ALTA COFFEE COMPANY
506 31st Street
Newport Beach, CH 92663
714/675-0233
Commissioner Edwards
Planning Commission
City of Newport Beach
Dear Commissioner Edwards,
July 28 1'990
ALTA COFFEE Amendment to Use Permit No. 3263
Once again we are coming before you to gain approval to expand our restaurant coffee
house to include a small patio.
I am writing to you to request that when considering our application you take into
account that this will be an alternative to alchohol and smoke filled bars that
proliferate this area. We grant to be able to offer all our regular customers, 90`) of whom
are local people, a place to go after hours that does not have an alchoholic atmosphere.
I have to say once again that in our opinion the people who frequent this place will not
cause a traffic problem since they mostly cycle or walk here.
We look forward to your approval to this amendment!
s sinc ely,
W v
Patti Spoone
ALTA COFFEE CO
RECEW D Wf
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
M JUL 3 11990 PM
718191101U I12111213141516
� r3
4
ALTA COFFEE COMPANY
5#6 31 st street
Newport Reach$ ce 42663
714/675-9233
Mr. Javier S. Garcia
Semor Planner
City of Newport Beach
3300 Newport Boulevard
Newport Beach
CA 92663
July 10 1990
Dear Jay, Use Permit Amendment No 3263 - 504/506 31 st Street
While we are having to submit a further application for a hearing on 9th August 1990 we
would like to add the following to Use Permit Amendment No 3263.
1) Hours of Opening to be 7 a.m. to 12 a.m. Daily
2) Pennit to hold live entertainment in the form of poetry readings, guitar playing.and
,mall musical groups.
All other items in our application will remain the same
Your sine
A.P.Wi son
ALTA COFFEE CO
.,-fir `.:• I� � .., �. . .... .
VVI,„ 111 IJ.J�
AM PM
f.
51
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Motion was m d voted on to continue Use Permit No. 3386,
Motion
All Ayes
Use Permit No. 1862 ed) and Variance No. 1171 to the
August 23, 1990, Planning Corn n meeting. MOTION
CARRIED.
Use Permit No 3263 (Amended)(Public Hearing l
Item No.5
Request to amend a previously approved use permit which
UP3263
permitted the establishment of a restaurant with expanded interior
Approved
dining and patio dining areas to be operated in conjunction with an
existing retail and nonconforming wholesale.coffee business located
in the "Retail and Service Commercial" area of the Cannery
Village/McFadden Square Specific Plan Area. The proposed
`
amendment involves a request to expand the hours of operation so
as to allow a 12:00 midnight closing on a nightly basis, whereas the
exiting required closing time is 6:00 p.m. Sunday through Thursday
and 11:00 p.m. Fridays and Saturdays. The proposal also includes
'
a request to add live entertainment to the restaurant activitiesIt"
which will include poetry readings, guitar playing and small musical ,
groups and a request to transfer a portion of the development
rights of the adjoining lot (Lot 19, Block 430, Lancaster's Addition)
to the restaurant building site.
.t
;
3
LOCATION: Lots 18 and 19, Block 430, Lancaster's
Addition, located at 506 31st Street, on the
southerly side of 31st Street, between Villa'
Way and Lafayette Avenue, in Cannery '
Village.
ZONE: SP-6
•APPLICANT: Alta Coffee Company, Newport Beach
OWNER: Cannery Village Investment Partnership,
P
Newport Beach
y
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Commissioner Pers6n stepped down from the dais inasmuch as the
subject establishment is within 300 feet of his residence and the
application could have a financial impact on the value of his
property.
The public hearing was opened in connection with this item and
Mr. Tony Wilson, applicant, appeared before the Planning
Commission. Mr. Wilson addressed staffs concern that the change
in the operational characteristics of the use permit would cause the
restaurant to be a destination point, and the restaurant patrons
would use Saint James Episcopal Church's parking lot. Mr. Wilson
explained that there would not be an impact on traffic inasmuch as
the majority of the local customers will walk or bicycle to the
establishment. He further explained that a small patio will be
added which will allow an area for patrons to sit outdoors and dine
during the evening hours. Mr. Wilson displayed a drawing of the
proposed patio area. In reference to Condition No. 28, Use Permit
No. 3263, approved by the Planning Commission on April 5, 1990,
Mr. Wilson informed the Planning Commission that he is aware
that access must be provided for customers from the restaurant to
the outdoor patio dining area so as to eliminate the use of the
public right-of-way for passage. He indicated the entertainment that
would be provided would have a minimal impact on the area.
In response to a question posed by Commissioner Pomeroy, Mr.
Wilson stated that the applicants would consider a revision to the
evening hours of operation if necessary.
Mr. Kelly Sandor, 430 Redlands Avenue, appeared before the
Planning Commission to state his support of the application.
Ms. Sampson, a former employee of Alta Coffee, appeared before
the Planning Commission to state her support of the application on
the basis that there is not a similar coffee establishment in the area
that is open during the evening hours.
Jane Elliott, 508-1/2 31st Street, appeared before the Planning
Commission in support of the application on the basis that the
establishment is an asset to the area and attracts a quality local
:.
clientele.
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Ms. Doris Sandor, 246 Orange Street, appeared before the
Planning Commission in support of the coffee establishment.
Mr. Tony Shepardson, 421 33rd Street, appeared before the
Planning Commission in support of the operation and the
entertainment on the basis the coffee shop is an asset to the
neighborhood and the City.
There being no others desiring to appear and be heard, the public
hearing was closed at this time.
Commissioner Di Sano stated that Condition No. 9, allows the
Planning Commission to review the use permit in the event the
operation is detrimental to the community. He explained that .the
Motion
*
establishment epitomizes the intent of Cannery Village. Motion
was made to approve Use Permit No. 3263 (Amended) subject to
the findings and conditions in Exhibit'W'.
Commissioner Pomeroy concurred with the foregoing motion
inasmuch as Alta Coffee has a community spirit that is widely
supported by the neighbors, and is an asset to the neighborhood.
Chairman Debay addressed the concerns that Saint James
Episcopal Church has expressed regarding the parking lot, and she
requested that the restaurant's patrons be informed to park only
where they are permitted.
Motion was voted on to approve Use Permit No. 3263 (Amended)
Ayes
*
*
*
*
*
*
*
subject to the findings and conditions in Exhibit 'W'. MOTION
Absent
CARRIED.
FINDINGS
1. That the proposed transfer of development intensity is
consistent with the Land Use Elements of the General Plan
and the Local Coastal Program, and is compatible with
surrounding land uses.
2. That the transfer of development intensity will result in a
use of land and an increase in public visual
more efficient
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open space inasmuch as the amount of development which
would otherwise be permitted on Lot 19 is being reduced.
3. That the transfer of development intensity will result in a
net benefit to the aesthetics of the area.
4. That the increased development on the site, including above
grade covered parking, does not create abrupt changes in
scale between the proposed development and development
in the surrounding area inasmuch as the existing building is
not being increased in size.
5. That the proposed uses and structures, including above
grade covered parking, are compatible with the surrounding.
area.
6. That the increased development on the increased site,
including above grade covered parking, will not result in
significant impairment of public views than currently exists.
7. That the increased site is physically suitable for the
development proposed, including above grade covered
parking, taking into consideration existing on -site
characteristics.
8. That the transfer of development intensity will not result in
a net negative impact on the circulation system.
9. That the projections of traffic to be generated by the
proposed project utilize standard traffic generation rates
generally applied to a use of the type proposed per City
Council Policy S-1.
10. That the proposed uses and physical improvements are such
that the approved project would not readily lend themselves
to conversion to higher traffic generating uses as restricted
by covenant agreement.
a:
•.
11. That the project will not have any significant environmental
impact.
�w
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12. That the Police Department does not anticipate any
problem with the proposed facility.
'
13. That the transfer of development intensity will eliminate the
existing nonconforming FAR of the subject property and any
future development associated with the subject property.
14. That the approval of Use Permit No. 3263 (Amended) to
allow the proposed transfer of development intensity will
not, under the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort and general
welfare of persons residing and working in the
neighborhood, or be detrimental or injurious to property
and improvements in the neighborhood or to the general
welfare of the City.
15. That public improvements may be required of a developer
per Section 20.80.060 of the Municipal Code.
CONDITIONS:
1. That development shall be in substantial conformance with
the approved plot plan and floor plans, except as noted
below.
2. That all applicable conditions of approval of previous Use
Permit No. 3263 (Amended) shall remain in effect.
3. That a covenant or other suitable, legally binding agreement
shall be recorded against the decreased site ssuring that all
of the requirements of Section 20.07.070 J, will be met by
the current and future property owners.
That the restaurant facility shall be open only between the
.4.
hours of 7:00 a.m. and 12:00 midnight daily and any increase
in the hours shall be subject to approval of an amendment
f
to this use permit.
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5. That Coastal Commission approval shall be obtained prior
to the recordation of the proposed covenant initiating the
transfer of development .intensity.
6. That no dancing shall be permitted in the restaurant unless
the Planning Commission approves an amendment to this
use permit.
7. That the sound from the live entertainment shall be
confined to the interior of the structure; and further that all
windows and doors within the restaurant shall be closed
when live entertainment is conducted on the site.
8. That no on -sale alcoholic beverages shall be permitted in
conjunction with the subject restaurant, unless the Planning
Commission approves an amendment to this Use Permit.
9. That the Planning Commission may add or modify
conditions of approval to the use permit, or recommend to
the City Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, cause injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare of the
community.
10. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
z z z
1. se Permit No. 3388 (Public Hearing)
item No. 6
Request to per ' the construction of a 12 unit bed and breakfast
UP3388
facility and related o - et parking on property located in the
V1170
"Retail and Service Corn ial" area of the Cannery
Denied
Village/McFadden Square Specific P rea which exceeds the 26
foot basic height limit in the 26/35 Foot Heig itation District.
The proposal also includes the acceptance of an a nmental
document.
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for access through or use of property within the proposed
development.
10. That the approval of Use Permit No. 3263 (Amended) will
not, under the circumstances of this case, be detrimental
to the health, safety, peace, morals, comfort and general
welfare of persons residing and working in the
neighborhood, or be detrimental or injurious to property
and improvements in the neighborhood or to the general
welfare of the City.
CONDMQNS:
1. That development shall be in substantial conformance with
the approved plot plan and floor plans, except as noted
below.
be revied to eliminate
2 That on -site
tand
structures frohe
alley setback, other
o tsal
fence msthe 10 foots
than -the support posts of the overhead structure or the
structural block wall located on the westerly side property
line.
3. That the development standards pertaining to parking lot
illumination, circulation, walls, landscaping and utilities,
and a portion of the required parking (14 spaces) shall be
waived.
4. That tables and a maximum of 31 seats shall be permitted
in the interior dining area of the' restaurant facilit and
the outdoor dining area shall be limited to a maxims. n of
that any increase in the number of seating
20 seats and
shall require amending this Use Permit.
5. That the restaurant facility shall be open only between the
�•
'±
? ?.
hours of 7:00 a.m. and 6:00 p.m. Sunday through Thursday
and 7:00 a.m. to 11:00 p.m. Fridays and Satrdays and any
increase in the hours shall be subject to approval of an
amendment to this Use Permit.
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6. That one bathroom accessible to the handicapped shall be
provided for each sex, unless otherwise approved by the
Building Department.
7, That trash receptacles for patrons shall be located in
locations inside and outside the building.
convenient
g. That a washout area for refuse containers be provided in
such a way as to allow direct drainage into the sewer
drains unless
system and not into the Bay or storm
otherwise approved by the Building Department and the
Public Works Department.
9. That a trash compactor be provided in the restaurant
facility.
10. 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:Deparfinent and the Public Works Department.
11. That kitchen exhaust fans shall be designed to control
of the Building
smoke and odor to the satisfaction
Department.
12. That an odor control device for the coffee roasting
operation shall be installed if odors become a significant
problem.
13. That a survey of the property shall be I erformed by a
licensed or civil engineer to accui ,tely determine
surveyor
the location of the building and structures on the subject
property at which time the applicant shall file the
appropriate application with the Planning Department to
bring the building into conformance with Section 20.07
FAR Ordinance of the Newport Beach Municipal Code.
?.
14. That Coastal Commission approval shall be obtained prior
to the issuance of building permits.
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15. That no live entertainment or dancing shall be permitted
in the restaurant unless the Planning Commission approves
an amendment to this Use Permit.
16. That all restaurant employees shall be required to park
daytime operation of the restaurant, and
on -site during the
5:00 p.m. shall park in the Cannery Village
after
Municipal Parking Lot or adjacent Municipal parking lots.
17. That a resubdivision be approved to combine the lots into
one building site if applicable.
18. That no temporary "sandwich" signs shall be permitted to
the approved restaurant facility.
advertise
19. That all mechanical equipment and trash areas shall be
alley and ning
screened from the adjacent street,
properties, and that said trash shall besored attheear
of the site.
20. That the on -site parking, vehicular circulation and
be subject to further review
pedestrian circulation systems
by the Traffic Engineer.
21. That the required number of -handicapped parking spaces
area and
shall be designated within the on -site parking
be used solely for handicapped self -parking. One
shall
handicapped sign on a post and one handicapped sign on
for handicapped
the pavement shall be required each
space.
22. That no on -sale alcoholic beverages shall be permitted in
conjunction with the subject restaurant, unless the Planning
Commission approves an amendment to this Use Permit.
:.
23. That the restaurant facility shall be reduced in area so as
Base Development Allocation permitted
not to exceed the
for the site.
24, That the sidewalk in front of the subject facility shall be
shall
kept and regularly maintained: Said sidewalk
clean
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be swept, vacuumed, or washed in such a manner that any
debris or wastewater does not enter the storm drain
system or the Bay.
25. That two on -site parking spaces (including one tandem
shall be marked "reserved for residential use", and
space)
shall be utilized only by the tenants of the dwelling unit
at all times.
26. That the Planning Commission may add or modify
conditions of approval to the use' permit, or recommend
to the City Council the revocation of this use permit, upon
a determination that the operation which is the subject of
this use permit, cause injury, or is detrimental to the
health, safety, peace, morals, comfort or general welfare
of the community.
27. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.09QA of the Newport Beach Municipal Code.
28. That a side door be provided for customer service from
the restaurant to the patio area so as to avoid the use of
the public sidewalk.
s a s
Use Permit No 3377 (Public Hearing)
Item No.9
Request to approve a use permit "so as to commercial
UP 377
development on the site which maintai Floor Area Ratio
which is less than 0.25; and to al a general office use which
SPR 57
must be in conjunction wit ncentive Use occupying at least
Approved
40% of the site. roposal also includes a modification to
the Zoning C so as to allow the use of a tandem parking
space f portion of the required commercial parking spaces;
Fr,
-the acceptance of an environmental document.
AND
rr
r•
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INDEX
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6. That the approval of Use Permit No. 32�i3 will not,
under the circumstances of the casS '.be detri-
mental 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.
•
CONDITIONS:
1. That development shall be in substantial confor-
mance with the approved plot plan and floor plans,
except as noted below.
2. That the development standards pertaining to
parking lot illumination, circulation, walls,
landscaping and utilities, and a portion of the
required parking (25 spaces) shall be waived.
3. That the restaurant facility shall be open only
between the hours of 7:00 a.m. and 6:00 p.m.
daily.
4. That one bathroom accessible to the handicapped
shall"be provided for each sex, unless otherwise
required by the Building Department.
5. That no cooking or preparation of food other than
beverages, soups, salads, baked goods, and similar
items shall be permitted in the take-out restau-
rant facility, nor shall any grill be installed
unless an amendment to this use permit is approved
by the Planning Commission at a'later date. Said
amendment could require' the addition of kitchen
exhaust fans and grease interceptors.
6. That no off -sale or on -sale alcoholic beverages
shall be permitted in conjunction with the subject
restaurant, unless the Planning Commission ap-
proves an amendment to this use permit.
,
7. That an odor control device for the coffee roast-
:]
ing operation shall be installed if odors become a
significant problem.
8. That all employees shall park on -site, and that 6
standard sized parking spaces, including 3 tandem
parking spaces shall be striped in the parking
area adjacent to 31st Street.
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9. That all signs shall conform to the provisions of
Chapters 20.63.045 of the Municipal Code.
10. That a trash compactor shall be installed in
conjunction with the take-out restaurant facility.
11. That a washout area for refuse containers be
provided in such a way as to allow direct drainage
into the sewer system and not into the Bay or
storm drains, unless otherwise approved by the
Building Department.
12. That all mechanical equipment and trash areas
shall be screened from the adjacent street, alley
and adjoining properties, and that said trash
shall be stored at the rear of the site.
13. That no live entertainment or dancing shall be
permitted in the restaurant unless the Planning
Commission approves an amendment to this Use
Permit.
14. That no more than 21 seats, including stools and
arm chairs shall be provided in the facility.
15. That the landscape planters shall be maintained at
the front of the building adjacent to the side-
walk.
16. That the parking requirements for the site shall
be reviewed by the Planning Department at such
time as the property is redeveloped.
17. That the Planning Commission may add or mcaify
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.
t;
18, That this use permit shall expire unless exercised
within 24 months from the date of approval as
<<c?`••
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
• n a
•
-28-
t
m
CONDITIONS OF APPROVAL
Use Permit 3263A
504 and 506 31st Street
PC# 1864-90
J CONDITION
`1 1. Substantial conformance
2. 10 foot alley structure
A. Required parking
4. Seating
V/5. Hours of operation
/6. Handicapped bathrooms
/7. Trash receptacles
A. Wash -out area
✓9. Trash compactor
✓10. Grease interceptors
�/11. Exhaust fans
✓ 12. Odor control device
,/13. Survey
14. Coastal commission
% 15. Live entertainment
DEPARTMENT
Planning
Planning
ACTION
Plans approval
Plans appro al
Field check 14.0
Waived
Planning Plans approval
Letter of compliance
Planning Letter of compliance
see U.P.# 3263A
Building Plans approval
Planning
Plans approval
Ge�G
Field check
Building
Plans approval
Public Works
Field check
Planning
PI 196-
Field check
Building
Plans approval
Public Works
Field check
Building Plans approval
Planning Letter of compliance
Planning Application
Planning Pending
see UP# 3263A
r
Conditions of Approval
UP 3263A, 505-506 31st Street
Page 2
�16. Employee parking
/17. Resubdivision
(if applicable)
,A18. Signs
19. Mechanical equipment/
trash
V20. Vehicular circulation
21. Handicapped parking
v✓22. Alcoholic beverages
✓23. Base develop allocation
24. Sidewalk
25. On -site parking
residential
/26. N/A
✓27. N/A
28. Side door,`
Planning Letter of compliance
Planning Plans approval
Traffic Engineer
Letter of compliance
Field check
Plans approval
Building Plans approval
Planning e;#& Field check
Planning Letter of compliance
Planning Plans approval
Planning Letter of compliance
Planning Letter of compliance
Gti2 4,6 .
Planning Plans approval (00U)
Field check
Conditions of Approval
PC# 2551-90
Use Permit 3263
506 31st Street
August 9, 1990
CONDITION DEPARTMENT ACTION
�vi/. Substantial conformance Planning Plan approval
A. Previous Conditions Planning Letter of compliance
3. Recorded covenent regarding Planning Recorded andprovide
decreased building site C --/'n• copy of 0�-p
✓4. Hours of operation Planning Letter of compliance
Code Enforcement Field check
5.
Coastal commission approval
Planning
Pending
✓6.
No dancing
Planning
Letter of compliance
/.
Sound level of entertainment
Planning
Letter of compliance
Code Enforcement
Field check
✓$.
No on -site sale of alcohol
Planning
Letter of compliance
%-< Planning Commission may add or modify conditions
�410. Use permit expires 24 months
Conditions of Approval
PC# 2551-90
Use Permit 3263(Amended)
506 31st Street
CONDITION
DEPARTMENT
ACTION
1.
Substantial conformance
Planning
Plan approval
0) 2.
On -site parking revised
Planning
Plan approval
03.
Development standards
Planning
Waived
W4. Total seating Planning Plan approval
Indoor = 31 Letter of compliance
Outdoor = 20
5. Hours of operation Planning Letter of compliance
Code Enforcement Field check
tV6. Bathroom(handicap access) Planning Plan approval
Building Plan approval
7. Trash receptacle Planning Letter of compliance
Code Enforcement Field check
8. Washout area Building Plan approval
9. Trash compactor Planning Plan approval
Code Enforcement Field check
10. Grease interceptor Building Plan approval
11. Exhaust fans Building Plan approval
Conditions of Approval
Page 2
12.
Odor control device
Building
Plan approval
Code Enforcement
Field check
13.
Survey property
Planning
Plan approval
Letter of compliance
14.
Coastal commission approval
Planning
Pending
15.
No dancing
Planning
Letter of compliance
016.
Employee parking on -site
Planning
Plan approva(fA)
40 17.
Resubdivision approval
Planning
Letter of compliance
18.
No temporary signs
Planning
Letter of compliance
19.
Screen mechanical equipment
Planning
Plan approval
and trash areas ,
Code Enforcement
Field check
20.
Pedestrian and vehicular
Traffic
Plan approval
circulation/on-site parking
Planning
Letter of compliance
21.
Handicap parking designated
Building
Plan approval
on -site
Traffic
Plan approval
Code Enforcement
Hold on final
22.
No on -site sale of alcohol
Planning
Letter of compliance
023. Reduced area not to exceed Planning Plan approval
BDA permitted for site
Conditions of Approval
Page 3
24. Site maintainence
25. Parking residential on -site
and marked as such
gV28. Side door access to patio
32. Use permit expires 24 months
Planning
Code Enforcement
Planning
Code Enforcement
Planning
Letter of compliance
Field check
Plan approval
Field check
Plan approval
kCOMPANY
566 31 st ai<reet
Newport iieacil. till 921565
714r 6 e 5-6233
City of Newport Beach
3200 Newport Blvd
Newport Beach
CA 92003
Attention Planning Department
February 12 1991
Dear Sirs, Use Permit 3263 and 3263(amended) 506 31st Street
'He have reviewed the Conditions of Approval set out in PC* 2551-90 and Hereby
comply with all the following conditions: -
Use Permit 3263
Condition No 2
Condition Ho 4
Condition No 6
Condition No 7
Condition Ho 8
gse Permit 3263(amended)
Condition
Condition
Condition
Condition
Cundiiion
Condit -ion
Condition
Condition
Condition
Condition
Y�ine el ,
c
A-P. Wilson
ALTA COFFEE CO
No 4
No 5
No 7
No 13
NO 15
No 17
No 18
No 20
No 22
No 24
We comply -
'We comply_
'me comply.
We comply.
We comply -
We comply.
*We comply.
We cOmply-
We comply.
We comply.
We comply.
We comply.
We comply.
We comply.
We comply.
Nco
Planthng Commission - 7
The amount of square footage to be transferred from Lot 19 to Lot 18;is 1,081.6 sq.ft.
(2,476.6 sq.ft. - 1,395 sq.ft. allowed = 1,081.6 sq.ft.) to accommodate the proposed uses.
Weighd Development of the Proposed Development y
As stated in the previous staff report dated April 5, 1990, the applicant had suggested that
the proposed restaurant and the wholesale coffee business be treated as separate entities
though not physically separated and accept the premise that only a portion (a percentage)
of particular shared areas, as indicated below, be counted toward the reduced and maximum
FAR use categories. Staff and the Planning Commission agreed with the applicant's
premise. The weighted development for the proposed facility based on the breakdown of
each part of the building and its particular uses was accepted, but required a minor
reduction in the 'square footage allotted to the restaurant facility. The revised figures
indicate the reduced area of the outdoor dining area by 5 square feet and have been revised
on the attached plans: +i
y
Restaurant Use (reduced FAR us -el qc4,,, I
interior dining area and service bar 690± sgft.'� Sao
food preparation and kitchen area = 380± sq.ft.� ,— 35t1.3 0
restrooms 98± sgft.✓—> 9K d
outdoor dining area (originally_192 sq.ft.) 187± sq.ft. 7
storage area (50010 of 150 sq.ft.) - '75± sq.ft.
janitorial storage (50010 of ;3.4 sq.ft,,)-- " 17± sq.ft. _> IW.i 0
changing room 32± s A. ✓> s_ 6�_
Ch, tC,9-c1 1,479± sq.ft. { y'+9 rh
Wholesale Business Use (maximum FAR use
packing and shipping area 139± sq.ft. J ,-- I ts. es -;(i
roasting area 169± sq.ft.✓ --.? I s2• &i
changing room (no credit) 0 sq.ft. J 7 o 1
storage area (50 yo of 150 sq.ft.) "75± sq.ft, '411.3 'A
janitorial storage (50 0 of 34 sq.ft.). -
17± sq.ft. Sr 6
office area 238± s .ft. "Sr
(no-WMI-I) .638± sq.ft. k �� l
>5f".
1,479 sq.ft. Reduced
rr
r
638 sq.ft. Maximum
Weiahin F actor
X 1.67
X 0.50
Weighted Sq.Ft.
2,469.9± sq.ft.
319.0± sq.ft.
4
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E
.,
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
PLANNING DEPARTMENT - (714) 644-3215
March 12, 1991
Alta Coffee Company
506 31st Street
Newport Beach, CA 92663
Attention: Mr. Tony Wilson, Owner
SUBJECT PROPERTY: 506 31st Street, Newport Beach, CA
Use Permit No. 3263 (Amended)
Dear Mr. Wilson:
After our February 25, 1991 inspection of the site and a review of the most recent use
permit files for the Alta Coffee Restaurant facility, it has been determined that the facility
has been expanded, the hours of operation have been increased, and live entertainment has
commenced without satisfying several of the conditions of approval. The following are
conditions required by the Planning Commission on April 5, 1990 and on August 9, 1990
that remain unsatisfied:
April 5. 1990:
Condition No. 2: That the on -site parking shall be revised to eliminate the
fence and structures from the 10 foot alley setback, other
than the support posts of the overhead structure or the
structural block wall located on the westerly side
property line.
Condition No. 16: That all restaurant employees shall be required to park
on -site during the daytime operation of the restaurant,
and after 5:00 p.m. shall park in the Cannery Village
Municipal Parking Lot or adjacent parking lots.
Condition No. 19: That all mechanical equipment and trash areas shall be
screened from the adjacent street, alley and adjoining
properties, and that said trash shall be stored at the rear
of the site.
Condition No. 20: That the on -site parking, vehicular circulation and
pedestrian circulation systems be subject to further
review by the Traffic Engineer. (Note: The approved
plot plan provides 9 offstreet parking spaces. None of
the parking spaces have been marked.)
3300 Newport Boulevard, Newport Beach
Alta Coffee Company
506 31st Street
Newport Beach, CA 92663
Attention: Mr. Tony Wilson
Page 2
Condition No. 21: That the required number of handicapped parking
spaces shall be designated within the on -site parking
area and shall be solely used for handicapped self -
parking. One handicapped sign on a post and one
handicapped sign on the pavement shall be required for
each handicapped space.
Condition No. 25: That two on -site parking spaces (including one tandem
space) shall be marked "reserved for residential use",
and shall be utilized only by the tenants of the dwelling
unit at all times.
Condition No. 28: That a side door be provided for customer service from
the restaurant to the patio area so as to avoid the use of
the public sidewalk.
Aufust 9. 1990:
Condition No. 2: That all applicable conditions of approval of previous
Use Permit No. 3263 (Amended) shall remain in effect.
Condition No. 3: That a covenant or other suitable, legally binding
agreement shall be recorded against the decreased site
assuring that all of the requirements of Section 20.07.070
J, will be met by the current and future property owners.
In addition to the conditions of approval noted above, the Coastal Development Permit
required by the Coastal Commission provides that the patio area be located further back
on the lot in such a manner to allow for 2 additional parking spaces (for a total of 11 on -site
parking spaces) while retaining the bike rack. Four off -site parking spaces were also
required on property located at 3007 Villa Way by the Coastal Permit.
Until such time as the above conditions are satisfied, you are obligated to strictly adhere
to the conditions of the original Use Permit No. 3263 that was approved on April 9, 1987.
Therefore, within fourteen (14) days from the date of this letter you are to:
1. Discontinue any live entertainment on the premises;
2. Return to your original hours of operation (7:00 a.m. to 6:00 p.m. daily);
Y ? �
Alta Coffee Company
506 31st Street
Newport Beach, CA 92663
Attention: Mr. Tony Wilson
Page 3
3. Eliminate the patio area you are now utilizing and limit your indoor seating
to 21 chairs or stools;
4. Provide 6 standard size parking spaces, including 3 tandem parking spaces in
the parking area adjacent to 31st Street; and,
5. Contact this office for a reinspection appointment on or before March 26,
1991.
Thank you for your anticipated cooperation in helping us to resolve this matter. However,
may we remind you, should you choose to ignore our request, then without further delay this
matter will be referred to the Office of the City Attorney for appropriate action.
To discuss this letter or to arrange for your reinspection appointment you should contact
Elaine Uda between the hours of 7:30 and 8:30 am. or 4:00 and 4:30 p.m at the above
phone number.
Thank you,
PLANNING DEPARTMENT
JAMES D. HEWICK'E/R,/Director
By
Elaine Uda
Code Enforcement Officer
EU.jm
xc: Use Permit File No. 3263 (Amended)
James D. Hewicker, Director
William Laycock, Current Planning Manager
'Mij c Myers, Assistant —Planner
Cannery Village Investment Partnership, 2293 West Ball Road, Anaheim, CA 92804
506 31st St.
p J.
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r
,
St �1.,�•
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a
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•'i;� side of 31st St betweefavette
s public area" of rest. use by addi
i• a patio dinign area and expanding
i interior dining area and also kit
of required off-street parking;'a
Code so as to allow the use of to
portion of proposed parking; and:
a', rM1 gor ion of Parking 1— an rrnar•h r
q ;fi t:• Variance ❑ P.esubdiviston ❑ Us
1 . Ofher
LOCATION
Rea to permit the establish.of '+PP•11u,
a take-out restaurant with UP3263 4-9-87
506 31st St on southerly side of 31st St. between Villa
n.r i1-. an ac to Pxuand the "net UP 3262A 4-5-9U
waive
a
npproypri - permit ubLch-pami-t-90
aurant with expanded i. • od tr.
njod
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Telephone: (714) 644-3200
By:G'enia Garcia, Asaiatant-Planner
By:Marc Myers Assistant Planner _}
COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS
Plan Check No:
By:Christy Teague Assistant Planner
By:
Date: !•2-,�k `(J —�'-- Address: SC)i. '�I I0 S,,�""
Districting Map No. > Land Use Element Page No. � -
Corrections Required:
Legal Description: Lot ),Yrl`9 Block '/,3 CL Section I Tract
Resubdivision required to combine lots or orti ns of 1 is when construct on or
alterations are in excess of $5,000`�9771U�r;--r.-
Covenant required. Please have owner's signature notarized on the attached
document and return to me.
Lot Size,?( -
Zone
Proposed Use
Required Setbacks
Front
S
Rear
)�%I
Right Side
Left Side 2
FAR WO®
Lot area ( site area sg. ft.) : •2`?•C!L sq. ft.
Base Development Allocation (BDA): �>�J7 comm sq.ft.
[0.5 x site area sq.ft., unless otherwise specified in Land Use Element]
FAR permitted, without variance: (A)1,0 Comm res okg
Square footage permitted: �L� Jcomm res nkg sq.ft.
[(A) x site area sq.ft.]
Maximum FAR allowed with variance: (B) Comm res ckg
Maximum square footage allowed: Comm res sq.'ft.
[(B) x site area sq.ft.]
PROPOSED DEVELOPMENT:
(C) Base FAR use sq.ft.
(D) Reduced FAR use sq.ft.
(E) Maximum FAR use sq.ft.
(F) TOTAL SQ.FT. [C+D+E]
sq.ft.
q1- G sq.ft.
3 t `7 • sq.ft.
b sq. ft.
PROPOSED FAR: [ F % site area sq.ft. ]
PROPOSED WEIGHTED DEVELOPMENT:
FAR Use category Weighting Factor Weighted Sq.Ft.
(G) (H) ( G x H )
sq.ft.
Base
X 1.00
sq.ft.
sq.ft.
Reduced
X 1.67
y �y• �(
sq.ft.
Ia3SJ
sq.ft.
Maximum
X 0.50
sq.ft.
TOTAL WEIGHTED SQ.FT.(May not exceed BDA)
P ovide tiss a overlay of calculations P verif provided square footage.
Required Parking °l Fr,-� 5ifa= ccc> /2 rc �,.•(/ Rz f1
Proposed parking (Indicate number of stalls provided)
Total On -Site Parking
Standard ✓ Compact
In -lieu Parking
Dimension building height as measured from natural grade to average and.maximum
roof height
tie
F,,
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Plan Check No.��
COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS
By:
Date: V Address:(
Corrections Required:
0
N�K
Pelephone (714) 644-3200
Legal Description: Lot Block Section Tract�6�+�K
Resubdivision required to combine lots or portions of lots when
constructio400r alterations awe in excess of �$5,,000.
Lot Size" o(,2771) ��f/,� j� Ny
Zone
Proposed Use
Required Setbacks:
Front
Rear Au.�
Right Si
Left Side
Structural Area:
Buildable Area
Permitted Area
Proposed Area
Q
r
f3co Er
135t,5-
�
rP/c&
Provide tissue overlay of calculations to verify provided square
footage. `
Required Parking
Proposed parking (Indicate numb r of stalls provided) 9 fie%
Total On -Site Parking /--
—Gf
Standard Compact
In -lieu Parking
Dimension building height as measured from natural grade to
average and maximum roof height_ 1261 ,
Show natural grade line on all elevations-QW 4�=��U ^'C•�IGQ/
Show all rooftop mechanical equipment and dimension from grade
directly below.
Indicate location of trash containers on site plan.
Number of stories
Floor Plan fully dimensioned showing all room uses.
Plot Plan fully dimensioned showing location of all buildings,
fences, etc. in relation to the property line.
Fair Share Contribution ;� U
San Joaquin Hills Transportation Corridor Fee
(OVER)
SPECIAL APPROVAL REQUIRED THROUGH:
Modifications Committee -
Planning Commission: n
Use Permit
Variance
Resubdivision - Tract
Site Plan Review
Amendment
Other -
Public Works:
Easement/Encroachment Permit
Curb Cut
Subdivision Engineer
Traffic Engineer
Approval of Landscape Plans
Building Department:
Grading Engineer
Parks Department:
Approval of Landscape Plans
Y151FO
Coastal Development Permits:
Approval in Concept
(Note: File 3 sets of plans: plot plan', floor plan, elevations).
Coastal Development Permit No.
Waiver/Exemption
NOTE: it is the responsibility
obtain the necessary approvals
have questions regarding your
644-3200.
CSC' ^✓l� ✓ _ V I �+ 5
of the applicant to circulate their plans and
from the departments checked above. If you
application, please contact me at (714)
Planning Commission Meeting April 5. 1990
Agenda Item No. 8
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No 3263 (Amended)(Public Hearing)
Request to amend a previously approved use permit which permitted
the establishment of a take-out restaurant with incidental seating to
be operated in conjunction with an existing retail wholesale coffee
business on the ground floor and a residential unit on the second
floor of a building located in the "Retail and Service Commercial"
area of the Cannery Village/McFadden Square Specific Plan. The
proposed amendment involves a request to expand the "net public
area" of the restaurant use by adding a patio dining area and
expanding the. interior dining area. The kitchen area is also
proposed to be expanded. The proposal also includes: a request to
waive a portion of the required off-street parking spaces for the
restaurant; a modification to the Zoning Code so as to allow the use
of tandem parking spaces for a portion of the proposed parking; and
a modification to allow a portion of the proposed parking to
encroach 5 feet into the required 10 foot rear yard setback adjacent
to an alley.
LOCATION: Lots 18 and 19, Block 430, Lancaster's Addition, located at 506 31st
Street, on the southerly side of 31st Street, between Villa Way and
Lafayette Avenue, in Cannery Village.
ZONE: SP-6
APPLICANT: Alta Coffee Company, Newport Beach
OWNER: Cannery Village Investment Partnership, Newport Beach
Apllication
This is a request to amend a previously approved use permit to expand the "net public
area of the restaurant use by adding an outdoor patio dining area and expanding the
interior dining area. The kitchen area is also proposed to be expanded. Also included
in the application is a request to waive a portion of the required off-street parking spaces
for the restaurant; a modification to the Zoning Code so as to allow the use of tandem
parking spaces for a portion of the proposed parking; and a modification to allow a
portion of the proposed parking to encroach 5 feet into the required 10 foot rear yard
setback adjacent to an alley. The proposed change in the operational characteristics will
Plan li Commission - 2
to
change to an existing take-out restaurant usea full service restaurant which is subject to
approval of an amendment to the existing use permit. Use permit procedures are set
forth in Chapter 20.80 and modification procedures are outlined in Chapter 20.81 of the
Municipal Code.
Environmental Significance
This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under Class
1 (Existing, Facilities).
The Land Use Element of the General Plan and the Land Use Element of the Local
Coastal Program designate the site for "Retail and Service Commercial" uses.
Restaurants are a permitted use, subject to the approval of a use permit in each case.
Inasmuch as the subject property is in the Coastal Zone and this item is discretionary,
Coastal Commission approval .will be required.
In "Cannery Village", commercial • areas are allowed a maximum floor area ratio of
0.511.0; however, the Land Use Element general (City-wide) policies also state that "any
uses with a higher than 60 trips per 1,000 square feet for daily use or 3 trips per 1,000
square feet for peak hour traffic would be limited to a reduced F.A.R. calculated prorata
on trip generation characteristics." A restaurant is such a use. The general policy
statement continues, the lowest floor area allowed by these two (2) calculations [the
"base", or area F.A.R., and the use characteristics] shall apply." The Zoning Code
establishes the maximum F.A.R. for a restaurant to be 0.3, based upon its traffic
generation qualities. The existing structure located on Lot No. 18, Block 430 of
Lancaster's Addition contains approximately 1,934± square feet of commercial use, on
a parcel of 2,790 square feet with a resultant commercial FAR of 0.693±. The allowable
commercial FAR of 0.5 is currently exceeded by approximately 0.193 which is
approximately 539± square feet more than allowed by the Land Use Element of the
General Plan.
Subject Building Location
The subject building which currently houses the existing take-out restaurant is 30 feet 6
inches wide and the two lots involved are each 30 feet wide. The subject building
therefore crosses either the interior property line between Lots 18 and 19 or the interior
property line between Lots 17 and 18. For this reason, the structure or the proposed
uses cannot be brought into compliance with the Section 20.07 of the Newport Beach
Municipal Code until the property is either resubdivided into single building site or a
transfer of development intensity is approved.
PlaniAlCommission - 3
The applicant has been informed that a survey will be required to determine the exact
location of the building in relation to the interior property lines. The applicant has
chosen to continue with the use permit application to obtain approval' before incurring
the cost of a licensed surveyor or civil engineer.
Resubdivision Requirement
If the structure crosses the interior property line between Lots 18 and 19, a resubdivision
to combine the two lots into a single parcel or building site will be required in
accordance with Section 20.87.090 A Combining of Lots and Parcels Required. This is
required if both lots are under the ownership of one person, which they are in this case.
Waiver of Combining Reauirement
If the structure crosses the interior property line between Lots 17 and 18, a waiver of
combining requirement must be approved by the Planning Commission in accordance with
Section 20.87.090 B Waiver of Combining Requirement. This can only occur if both lots
are under separate ownership. If this is the case, a transfer of development intensity
could be approved by use permit in order to bring the subject property into compliance
with the FAR Ordinance requirements.
Transfer of Development Intensity
This alternative to a resubdivision is available only if the building does not cross the
interior property line between the subject property of Lots 18 and 19.
The Cannery Village/McFadden Square Specific Plan allows for the Transfer of
Development Intensity between parcels as stated in Section No. 20.63.045 E.
"E. TRANSFER OF DEVELOPMENT INTENSITY. The Planning
Commission, by use permit, may provide for the transfer of development
intensity from one or more parcels to any other parcel or parcels, provided
that suitable legally binding agreements shall be established so as to assure
that the total building floor area permitted on said parcels shall not exceed
the floor area which would otherwise be permitted by this chapter, and
further provided the building floor area on any one buildable site to which
development intensity has been transferred shall in no event exceed two
times the buildable area of the site."
The transfer of development intensity requires that the two parcels shall be combined
in such a way that the nonconforming FAR status of the existing structure on Lot No.
18 and a portion of Lot 17 be eliminated, typically by a covenant document entered into
by the owner of the property and the City. The amount of development which would
be surrendered by Lot No. 19 in such a transfer would be approximately 539± square
feet. The covenant would also include the requirement that parking shall be limited to
the use of the subject property uses only. The transfer of development intensity would
planni g Commission - 4
h parcels into conformance with the FAR Ordinance.
Wei hted Development of the Proposed Development
The applicant has suggested that the proposed restaurant and the wholesale coffee
business be treated as separate entities though not physically separated and accept the
premise that only a portion (a percentage) of particular shared areas, as indicated below,
be counted toward the reduced and maximum FAR use categories. Staff agrees with the
applicant's premise. The weighted development for the proposed facility based on the
breakdown of each part of the building and its particular uses is as follows:
Restaurant Use_(reduced FAR use)
interior dining area and service bar 690± sq.ft.
food preparation and kitchen area 380± sq.ft.
restrooms 98± sq.ft.
outdoor dining area 192± sq.ft.
storage area (509o' of 150 sq.ft.) 75± sq.ft.
janitorial storage (50% of 34 sq.ft.) 17± sq.ft.
changing room 32± sq.ft.
- 1,484± sq.ft.
Wholesale Business Use maximum FAR use
packing and shipping area 139± sq.ft.
roasting area 169± sq.ft.
changing room (no credit) 0 sq.ft.
storage area (50% of 150 sq.ft.) 75± sq.ft.
janitorial storage (50% of 34 sqA.) 17± sq.ft.
office area 238± soft.
638± sq.ft.
Weighted Development FAR vs Base Development Allocation (BDA
FAR Use Category Weighing Weighted Sq.F
1,484 sq.ft. Reduced X 1.67 2,478.3± sq.ft.
638 sq.ft. Maximum X 0.50 319:0± sq.ft.
Total Weighted Sq.Ft.(May not exceed BDA) 2.797.3± sq.ft.
Base Development Allocation - 2 790.0± sq.ft.
Square Footage Exceeding BDA 7.3± sq.ft.
PlanninCommission - 5
The proposed weighted development square footage for the restaurant facility would
exceed the permitted base development allocation by 7.3± square feet which would be
inconsistent with Section 20.07 (FAR Ordinance) of the Newport Beach Municipal Code.
However, the amount of square footage exceeding the BDA is compensable by a
reduction in the square footage in one of the areas of the restaurant which could bring
the uses into compliance with the FAR Ordinance.
Subject Prol?erty and Surrounding Land Uses
The subject property is occupied by two structures, one of which contains a second floor
residential unit and 1,934± gross square feet of commercial space on the first floor,
including the subject facility and the balance of the facility unoccupied formerly occupied
by a clothing designer. The other 1,534± squaro foot structure is an open, roofed
structure which is currently being utilized as a storage area. To the north, across 31st
Street, is a retail facility; to the east is a residence and office uses; to the south, across
a 14 foot wide alley is a commercial office building and the Cafe Lido Restaurant; and
to the west is a multi -family residential structure.
Background
On April 9, 1987, the Planning Commission approved Use Permit No. 3263 which
permitted the establishment of a take-out restaurant with incidental seating to be
operated in conjunction with an existing retail wholesale coffee business on the ground
floor and a residential unit on the second floor of a building located in the 'Retail and
Service Commercial' area of the Cannery Village/McFadden Square Specific Plan. The
approval included a request to waive a portion of the required off-street parking (23
spaces), and a modification to the Zoning Code to permit tandem and compact parking
spaces.
Staff has worked with the applicant for the past several months in an effort to determine
whether or not the existing restaurant .could be either expanded or change the
operational characteristics. The applicant was informed of the various requirements
dealing with the resubdivision of the two lots and the conversations were made under the
assumption that the structure was located entirely on Lot 18. The letter sent to the
applicant dated January 25, 1990, was a response to the applicant and made on the
predication that the building did not cross a property line. Subsequent to the letter the
building was determined to be wider than the lot involved as discussed previously in this
report.
AnLlysis
The applicant has indicated to staff that he is proposing to change the operational
characteristics of the existing take-out restaurant to establish a full service restaurant
which will change the current operational characteristics. The applicant proposes the
restaurant to provide 752± square feet of "net, public area" (including the 192 sq.ft. patio
dining area) with 9 on -site parking spaces, 3 of which are tandem spaces. The previous
Plana figCommission - b
take-out restaurant operation provided 1,210 gross square feet of wholesale and take-
out restaurant footage and 6 on -site parking spaces. The facility currently serves coffee,
tea, pastries, soup, salad and similar items. Hours of operation are from 7:00 a.m. to
6 p.m., Monday through Saturday and 9:00 am. to 2:00 p.m. on Sunday. A maximum
of 3 employees are on duty during peak hours. The facility currently contains tables with
22 seats and 2 stools at a counter, for a total of 24 seats (where Condition of Approval
No. 14 of Use Permit No. 3263 permitted only 21 seats).
The applicant proposes to operate the restaurant for breakfast and lunch service during
daytime hours and dinner on Friday and Saturday evenings. The hours of operation will
be from 7:00 a.m. to 6:00 p.m., Sunday through Thursday, and from 7:00 a.m. to 11:00
p.m., Friday and Saturday. The proposal includes the addition of tables and 7 seats,
(for a total of 31 seats) inside the building, and outdoor patio dining area with tables
and 20 seats, which is to be located in the currently existing parking lot adjacent to 31st
Street. A total of 6 employees will be on duty during peak hours, including 2 employees
in the wholesale business use. .
Subject Prgperty Characteristics
Lot Area:
Lot 18
Lot 19
Total
Gross Building Area Allowed:
(5,580 x 0.5 = 2,790 sq.ft.)
Building Square Footage
First Floor
Second Floor
Gross Building
Setbacks
31st Street setback:
Alley (rear) setback:
Side setback:
East Side
West Side
Area Proposed
2,790± sq.ft.
M 90± sq.ft.
5,580± sqft.
2,790± sq.ft.
1,934± sq.ft.
1.025± sq.ft.
2,959± sq.ft.
Required
Existing or Proposed
5 feet
0 feet
10 feet
28 feet for
building;
3 feet for
overhead structure;
5 feet for parking.
0 feet 0 feet to building;
0 feet 29.5 ± feet to building;
0 feet to overhead
structure.
r(, 16�
PlanninfCommission - 7
Proposed Parking:
7 on -site parking spaces devoted to the restaurant (includes 2 tandem spaces)
2 on -site parking spaces for the residential unit (includes 1 tandem space)
9 on -site parking spaces provided
Modification Request
The applicant is requesting a modification to the Zoning Code to allow the use of
tandem parking for a portion of the required parking spaces for the subject facility and
to allow a portion of the required parking spaces to encroach 5 feet into the required
10 foot rear alley setback. The City Traffic Engineer has no objection to the use of the
tandem spaces inasmuch as the previous use permit allowed such use in the past. The
City. Traffic Engineer and the Public Works Department do object, however, to the 5
foot encroachment into the 10 foot alley setback, unless most of the obstructions within
the setback are removed. The obstructions which they do not object to remain are the
support posts which support the overhead roof structure and the structural wall which
also supports the overhead roof structure.
r
Parking Requirement Based on a Conventional Full -Service Restaurant
The parking requirement for the subject restaurant based upon a requirement of one
parking space for each 40 square feet of "net public area" is 19 parking spaces (752
sq.ft. _ 40 = 18.8 or 19 parking spaces). The parking requirement could vary from 16
spaces (one parking space for each 50 sq.ft. of "net public area") to 26 spaces (one
parking space for each 30 sq.ft. of "net public area"). Staff is of the opinion that one
parking space for each 40 sq.ft. of "net public area" is a typical requirement for this type
of a full -service restaurant.
Under Section 20.30.035 B of the Municipal Code which requires one space for each 250
square feet of commercial space, a retail use would generate a requirement for 6 parking
spaces. Thus, based on the above requirements, 13 additional parking spaces would be
required, over and above what the current uses would require, for the restaurant facility.
The applicant is requesting that all additional required parking be waived in conjunction
with this approval.
Parkin Requirement
The parking requirement for all the uses on -site generates a need for 23 parking spaces
(19 restaurant + 2 residential unit + 2 wholesale business = 23 spaces). Inasmuch as
only 9 parking spaces are proposed in conjunction with the proposed restaurant expansion
a deficit of 14 parking spaces will result. Staff is aware that the current operation does
not have a parking problem during the day, inasmuch as most of the customers walk to
the facility from nearby residential or commercial areas. However, it appears that a full -
service restaurant open until 11:00 p.m. on weekends would become more of a
destination point, which would require more parking. If the area proposed for outdoor
Planning Commission - 8
clk
44
patio dining were eliminated, 4 additional parking spaces (including 2 tandem spaces)
could be provided on -site for a total of 13 spaces. Only 14 parking spaces would be
required for the restaurant facility with less "net public area" (560 sq.ft. of interior "net
public area" = 40 = 14 spaces). A deficit of only 5 parking spaces would be necessary.
It should be noted that the deletion of the outdoor patio area would also eliminate the
need for customers or waiters with food or beverages to walk out of the building onto
the public sidewalk to the outdoor area.
Restaurant Development Standards
Chapter 20.72 of the Municipal Code contains development standards for restaurants to
ensure that any proposed development will be compatible with adjoining properties and
streets. Said development standards include specific requirements for building setbacks,
parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior
illumination, signing, underground utilities, and storage. Section 20.72.130 of the
Municipal Code states that any of the above mentioned development standards for
restaurants may be modified or waived if such modification or waiver will achieve
substantially the same results and will in no way be more detrimental to adjacent
properties or improvements than will the strict compliance with the standards.
Staff is of the opinion that the on -site development standards as they apply to walls, of
the landscaping, parking lot illumination, and utilities, should be waived if the Planning
Commission approves this application because of the existing physical characteristics of
the site.
Specific Findings and Recommendations
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant
any use permit, the Planning Commission shall find that the establishment, maintenance
or operation of the use or building applied for will not, under the circumstances of the
particular case, be detrimental to the health, safety, peace, morals, comfort, and general
welfare of persons residing or working in the neighborhood of such proposed use or be
detrimental or injurious to property and, improvements in the neighborhood or the
general welfare of the City.
Should the Planning Commission wish to approve this application as requested by the
applicant, appropriate findings and conditions in conjunction with the applicant's request
are set forth in the attached Exhibit "A". However, if the Planning Commission wishes
to approve this application, but disallow the outdoor dining area and replace it with
additional parking, appropriate findings and conditions are set forth in the attached
Exhibit "B". Should the Planning Commission desire to deny this application, the findings
set forth in the attached Exhibit "C" are suggested.
Plamun�g Commission - 9
ri.ru.i.u.v DEPARTMENT
JAMES D. HEWICKER, Director
ByA�R . GARCIA
Senior Planner
F:\WP50\JAY\UP\REST\UP3263A
Attachments: Exhibit "A"
Exhibit "B"
Exhibit "C"
Vicinity Map
Excerpt of Planning Commission Minutes
dated April 9, 1987
Letter from Applicant Describing Request
Letter from Planning Department to Applicant
dated January 25, 1990 1
Petition in Favor of Applicant's Request
Letter of Support
Plot Plan and Floor Plans
`�p ! �&
planning Commission - 10
E,X II I T "A"
FINDINGS AND CONDITIONS OF APPROVAL
FOR USE PERMIT NO. 3263 (Amended)
(approves application with patio dining area)
1. That the proposed use is consistent with the Land Use
Elements of the General Plan and the Local Coastal Program,
and is compatible with surrounding land uses.
2. That the project will not have any significant environmental
impact.
3. That adequate parking is available on -site to accommodate
the proposed restaurant facility inasmuch as a majority of the
patrons either work or reside or are otherwise already visiting
in the vicinity.
4. That the waiver of the development standards as they pertain,
to - circulation, walls, landscaping, parking lot illumination,
utilities'and a portion of the required parking (14 spaces) will
not be detrimental to adjoining properties.
5. That the parking spaces proposed to encroach 5 feet into the
required 10 foot alley setback will not interfere with loading
and unloading of commercial vehicles adjacent to the alley
or with the passage of vehicles through the alley.
6. That the hours of operation of the proposed evening dinner
use has adequate on -site plus on -street parking on 31st Street
and off-street parking in the nearby Cannery Village
Municipal Parking Lot to serve the proposed use.
7. That the acceptance of the applicant's premise of separation
of the restaurant use from the wholesale business use is
consistent with the intent of the FAR Ordinance and is
consistent with the Land Use Element of the General Plan
and the Land Use Plan of the Adopted Local Coastal
Program.
8. That the approval of a modification to the Zoning Code so
as to permit tandem parking and a portion of the parking
spaces to encroach 5 feet into the required 10 foot alley
setback will not, under the circumstances of this particular
case, be detrimental to the health, safety, peace, comfort, and
general welfare of persons residing or working in the
f�
Planning Commission - 11
r4,0
neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood
or the general welfare of the City and further that the
proposed modification is consistent with the legislative intent
of Title 20 of this Code.
9. That the design of the proposed improvements will not
conflict with any easements acquired by the public at large for
access through or use of property within the proposed
development.
10. That the approval of Use Permit No. 3263 (Amended) will
not, under the 'circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort and general welfare
of persons residing and working in the neighborhood, or be
detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
CONDMONS: I
1. That development shall be in substantial conformance with
the approved plot plan and floor plans, except as noted
below.
2. That the on -site parking shall be revised to eliminate the
fence and structures from the 10 foot alley setback, other than
the support posts of the overhead structure or the structural
block wall located on the westerly side property line.
3. That the development standards pertaining to parking lot
illumination, circulation, walls, Iandscaping and utilities, and
a portion of the required parking (14 spaces) shall be waived.
4. That tables and a maximum of 31 seats shall be permitted in
the interior dining area of the restaurant facility and the
outdoor dining area shall be limited to a maximum of 20
seats and that any increase in the number of seating shall
require amending this Use Permit.
5. That the restaurant facility shall be open only between the
hours of 7:00 a.m. and 6:00 p.m. Sunday through Thursday
and 7:00 a.m. to 11:00 p.m. Fridays and Saturdays and any
increase in the hours shall be subject to approval of an
amendment to this Use Permit.
((6',. f q-
Planning Commission - 12
6. That one bathroom accessible to the handicapped shall be
provided for each sex, unless otherwise approved by the
Building Department.
7. That trash receptacles , for patrons shall be located in
convenient locations inside and outside the building.
8. That a washout area for refuse containers be provided in such
a way as to allow direct drainage into the sewer system and
not into the Bay or storm drains unless otherwise approved
by the Building Department and the Public Works
Department.
9. That a trash compactor be provided in the restaurant facility.
10. 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.
11. That kitchen exhaust fans shall be designed to control smoke
and odor to the satisfaction of the Building Department.
12. That an odor control device for the coffee roasting operation
shall be installed if odors become a significant problem.
13. That a survey of the property shall be performed by a
licensed surveyor or civil engineer to accurately determine
the location of the building and structures on the subject
property at which time the applicant shall file the appropriate
application with the Planning Department to bring the
building into conformance with Section 20.07 FAR Ordinance
of the Newport Beach Municipal Code.
14. That Coastal Commission approval shall be obtained prior to
the issuance of building permits.
15. That no live entertainment or dancing shall be permitted in
the restaurant unless the Planning Commission approves an
amendment to this Use Permit.
16. That all restaurant employees shall be required to park on -
site during the daytime operation of the restaurant, and after
5:00 p.m. shall park in the Cannery Village Municipal Parking
Lot or adjacent Municipal parking lots.
Planning ommission - 13
17. That a resubdivision be approved to combine the lots into
one building site if applicable.
18. That no temporary "sandwich" signs shall be permitted to
advertise the approved restaurant facility.
19. That all mechanical equipment and trash areas shall be
` screened from the adjacent street, alley and adjoining
properties, and that said trash shall be stored at the rear of
the site.
20. That the on -site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the Traffic
Engineer.
21. That the required number of handicapped parking spaces shall
be designated within the on -site parking area and shall be
used solely for handicapped self -parking. One handicapped
sign on a post and one handicapped sign on the pavement
shall be required for each handicapped space.
22. That no on -sale alcoholic beverages shall be permitted in
conjunction with the subject restaurant, unless the Planning
Commission approves an amendment to this Use Permit.
23. That the restaurant facility shall be reduced in area so as not
to exceed the Base Development Allocation permitted for the
site.
24. That the sidewalk in front of the subject facility shall be kept
clean and regularly maintained. Said sidewalk shall be swept,
vacuumed, or washed in such a manner that any debris or
wastewater does not enter the storm drain system or the Bay.
'S. That two on -site parking spaces (including one tandem space)
shall be marked "reserved for residential use", and shall be
utilized only by the tenants of the dwelling unit at all times.
26. That the Planning Commission may add or modify conditions
of approval to the use permit, or recommend to the City
Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, cause injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare of the
community.
Planning Commission - 14
27. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
planning Commission - 15
4;
EXHIBIT "B"
FINDINGS AND CONDITIONS OF APPROVAL
FOR USE PERMrr NO. 3263 (Amended)
(approves application without patio dining area)
FINDINGS
1. That the proposed use is consistent with the Land Use
Elements of the General Plan and the Local Coastal Program,
and is compatible with surrounding land uses.
2. That the project will not have any significant environmental
impact.
3. That adequate parking is available on -site to accommodate
the proposed restaurant facility inasmuch as a majority of the
patrons either work or reside or are otherwise already visiting
in the vicinity.
4. That the waiver of the development standards as they pertain
to' circulation, walls, landscaping, parking lot illumination,
utilities and a portion of the required parking (5 spaces) will
not be detrimental to adjoining properties.
5. That the parking spaces proposed to encroach 5 feet into the
required 10 foot alley setback will not interfere with loading
and unloading of commercial vehicles adjacent to the alley
or with the passage of vehicles through the alley.
6. That the hours of operation of the proposed evening dinner
use has adequate on -site plus on -street parking on 31st Street
and off-street • parking in the nearby Cannery Village
Municipal Parking Lot to serve the proposed use.
7. That the acceptance of the applicant's prei ise of separation
of the restaurant use from the wholesale business use is
consistent with the intent of the FAR Urdinance and is
consistent with the Land Use Element of the General Plan
and the Land Use Plan of the Adopted Local Coastal
Program.
8. That the elimination of the patio dining area will allow for
4 additional parking spaces which will further reduce the
deficit in parking from 14 to 5 spaces in conjunction with the
proposed restaurant expansion.
Planni* Commission - 16
9. That the approval of a modification to the Zoning Code so
as to permit tandem parking and a portion of the parking
spaces to encroach 5 feet into the required 10 foot alley
setback will not, under the circumstances of this particular
case, be detrimental to the health, safety, peace, 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 and further that the
proposed modification is consistent with the legislative intent
of Title 20 of this Code.
10. That the design of the proposed improvements will not
conflict with any easements acquired by the public at large for
access through or use of property within the proposed
development.
11. That the approval of Use Permit No. 3263 (Amended) will
not, under the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort and general welfare
of persons residing and working in the neighborhood, or be
detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the City.
CONDITIONS:
1. That development shall be in substantial conformance with
the approved plot plan and floor plans, except as noted
below.
2. That the on -site parking shall be revised to eliminate the
fence and structures from the 10 foot alley setback, other than
the support posts of the overhead structure or the structural
block wall located on the westerly side property line of the
subject property.
3. That the patio dining area shall be deleted and the 4 parking
spaces which were to be removed shall be retained as
currently exist in that location (3 tandem spaces with access
from 31st Street).
4. That tables and a maximum of 31 seats shall be permitted in
the interior dining area of the restaurant facility and no
outdoor dining or seating shall be permitted unless an
amendment to this Use Permit is approved. That any
increase in the number of seating shall require amending this
1,1,,,, O.=ommission - 17
Use Permit.
5. That the development standards pertaining to parking lot
illumination, circulation, walls, landscaping and utilities, and
a portion of the required parking (5 spaces) shall be waived.
6. That the restaurant facility shall be open only between the
hours of 7:00 a.m. and 6:00 p.m. Sunday through Thursday
and 7:00 a.m. to 11:00 p.m. Fridays and Saturdays and any
increase in the hours shall be subject to approval of an
amendment to this Use Permit.
7. That one bathroom accessible to the handicapped shall be
provided for each sex, unless otherwise approved by the
Building Department.
8. That trash receptacles for patrons shall be' located in
convenient locations inside and outside the building.
9. That a washout area for refuse containers be provided in such
a way as to allow direct drainage into the sewer system and
not into the Bay or storm drains unless otherwise approved
by the Building Department and the Public Works
Department.
10. That a trash compactor be provided in the restaurant facility.
11. 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.
12. That kitchen exhaust fans shall be designed to control smoke
and odor to the satisfaction of the Building Department.
13. That an odor control device for the coffee roasting operation
shall be installed if odors become a significant problem.
14. That a survey of the property shall be performed by a
licensed surveyor or civil engineer to accurately determine
the location of the building and structures on the subject
property at which time the applicant shall file the appropriate
application with the Planning Department to bring the
building into conformance with Section 20.07 FAR Ordinance
of the Newport Beach Municipal Code.
Planniri Commission - 18
15. That Coastal Commission approval shall be obtained prior to
the issuance of building permits.
16. That no live entertainment or dancing shall be permitted in
the restaurant unless the Planning Commission approves an
amendment to this Use Permit.
17. That all restaurant employees shall be required to park on -
site during the daytime operation of the restaurant, and after
5:00 p.m. shall park in the Cannery Village Municipal Parking
Lot or adjacent Municipal parking lots.
18. That a resubdivision be approved to combine the lots info
one building site if applicable.
19. That no temporary "sandwich" signs shall be permitted to
advertise the restaurant facility.
20. That all mechanical equipment and trash areas shall be
screened from the adjacent street, alley and adjoining
properties, and that said trash shall be stored at the rear of
the site.
21. That the on -site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the Traffic
Engineer.
22. That the required number of handicapped parking spaces shall
be designated within the on -site parking area and shall be
used solely for handicapped self -parking. One handicapped
sign on a post and one handicapped sign on the pavement
shall be required for each handicapped space.
23. That no on -sale alcoholic bevera -es shall be permitted in
conjunction with the subject resta rant, unless the Planning
Commission approves an amendment to this Use Permit.
25. That the sidewalk in front of the subject facility shall be kept
clean and regularly maintained. Said sidewalk shall be swept,
vacuumed, or washed in such a manner that any debris or
wastewater does not enter the storm drain system or the Bay.
26. That two on -site parking spaces (including one tandem space)
shall be marked "reserved for residential use"), and shall be
utilized only by the tenants of the dwelling unit at all times.
Planni* Commission - 19
27. That the Planning Commission may add or modify conditions
of approval to the use permit, or recommend to the City
Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, cause injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare of the
community.
28. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
Planer iE Commission - 20
EXHIBIT'C'
FINDINGS FOR DENIAL OF
USE PERMIT NO. 3263 (Amended)
FINDINGS
1. That the proposed conversion of the take-out restaurant to a
full -service restaurant represents an intensification of use that
will result in an increased parking demand for the area.
2. That the proposed change in operational characteristics of the
restaurant and increase in square footage and 'het public
area' will increase the intensification of use of the property
without providing adequate off-street parking on the site.
3. That adequate off-street parking is not available for the
proposed conversion of the take-out restaurant use to a
conventional restaurant to satisfy the requirements of Section
20.30.035 of the Newport Beach Municipal Code.
4. That approval of the request to waive a portion of the
required parking in conjunction with proposed restaurant
facility as set forth in the Municipal Code would be
detrimental to adjacent properties or improvements.
5. That the approval of a modification to the Zoning Code so
as to permit tandem parking and a portion of the parking
spaces to encroach 5 feet into the required 10 foot alley
setback will, under the circumstances of this particular case,
be detrimental to the health, safety, peace, 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 'ity and further that the
proposed modification is not con ?stent with the legislative
intent of Title 20 of this Code.
6. That the approval of Use Permit No. 3263 (Amended) will,
under the circumstances of this case, be detrimental to the
health, safety, peace, morals, comfort and general welfare of
persons residing or working in the neighborhood or to the
general welfare of the City.
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
PLANNING DEPARTMENT (714) 644-3215
March 4, 1991
Alta Coffee Company
506 31st Street
Newport Beach, CA 92663
Attention: Mr. Tony Wilson, Owner
SUBJECT PROPERTY: 506 31st Street, Newport Beach, CA
Use Permit No. 3263 (Amended)
Dear Mr. Wilson:
This is to confirm our conversation at the subject property on February 25, 1991.
The most recent amendments to your use permit were approved "conditionally" by the
Planning Commission, after considering staff reports by this department and all of the
additional information and comments presented to the Commission at the public hearings
regarding both of the amendments. Essentially, you must continue to operate under the
conditions of approval of your original April 9, 1987 use permit until such time as you have
satisfied the conditions of approval of your August 9, 1990 amended use permit.
Therefore, within fourteen (14) days from the date of this letter you are to:
1. Discontinue any live entertainment on the premises;
2. Return to your original hours of operation (7:00 a.m. to 6:00 p.m. daily);
3. Eliminate the patio area you are now utilizing and limit your indoor seating
to 21 chairs or stools;
4. Provide 6 standard size parking spaces, including 3 tandem parking spaces in
the parking area adjacent to 31st Street; and,
5. Contact this office for a reinspection appointment on or before March 18,
1991.
The following is a list of the conditions of approval from your August 9, 1990 amended use
permit that must be satisfied prior to your utilizing the extended hours of operation, the
outdoor patio area or any live entertainment:
3300 Newport Boulevard, Newport Beach
Alta Coffee Company
506 31st Street
Newport Beach, CA 92663
Attention: Mr. Tony Wilson
Page 2
Condition No. 1: That development shall be in substantial conformance with the
approved plot plan and floor plans, except as noted below.
Condition No. 2: That all applicable conditions of approval of previous Use
Permit No. 3263 (Amended) shall remain in effect.
The April 5, 1990 conditions that still apply are as follows:
Condition No. 2: That the on -site parking shall be revised to eliminate the fence
and structures from the 10 foot alley setback, other than the
support posts of the overhead structure or the structural block
wall located on the westerly side property line.
Condition No. 4: That tables and a maximum of thirty one seats shall be
permitted in the interior dining area of the restaurant facility
and the outdoor dining area shall be limited to a maximum of
twenty seats and that any increase in the number of seating
shall require amending this use permit.
Condition No. 6: That one bathroom accessible to the handicapped shall be
provided for each sex, unless otherwise approved by the
Building Department.
Condition No. 7: That trash receptacles for patrons shall be located in convenient
locations inside and outside the building.
Condition No. 8: That a wash out area for refuse containers be provided in such
a way as to allow direct drainage into the sewer system and not
into the bay or storm drains unless otherwise approved by the
Building Department and the Public Works Department.
Condition No. 10: 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.
Condition No. 11: That kitchen exhaust fans shall be designed to control smoke
and order to the satisfaction of Building Department.
Alta Coffee Company
506 31st Street
Newport Beach, CA 92663
Attention: Mr. Tony Wilson
Page 3
Condition No. 12: That an outdoor control device for the coffee roasting operation
shall be installed if odors become a significant problem.
Condition No. 13: That a survey of the property shall be performed by a licensed
surveyor or civil engineer to accurately determine the location
of the building and structures on the subject property at which
time the applicant shall file the appropriate application with the
Planning Department to bring the building into conformance
with Section 20.07 FAR Ordinance of the Newport Beach
Municipal Code.
Condition No. 14: That Coastal Commission approval shall be obtained prior to
the issuance of building permits.
Condition No. 16: That all restaurant employees shall be required to park on -site
during the daytime operation of the restaurant, and after 5:00
p.m. shall park in the Cannery Village municipal parking lot or
adjacent municipal parking lots.
Condition No. 17: That a resubdivision be approved to combine the lots into one
building site if applicable.
Condition No. 18: That no temporary "sandwich" signs shall be permitted to
advertise the approved restaurant facility.
Condition No. 19: That all mechanical equipment and trash areas shall be
screened from the adjacent street, alley and adjoining
properties, and that said trash shall be stored at the rear of the
site.
Condition No. 20: That the on -site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the Traffic
Engineer.
Condition No. 21: That the required number of handicapped parking spaces shall
be designated within the on -site parking area and shall be solely
used for handicapped self -parking. One handicapped sign on
a post and one handicapped sign on the pavement shall be
required for each handicapped space.
K
Alta Coffee Company
506 31st Street
Newport Beach, CA 92663
Attention: Mr. Tony Wilson
Page 4
Condition No. 23: That the restaurant facility shall be reduced in area so as not to
exceed the Base Development Allocation permitted for the site.
Condition No. 24: That the sidewalk in front of the subject facility shall be kept
clean and regularly maintained. Said sidewalk shall be swept,
vacuumed, or washed in such a manner that any debris or waste
water does not enter the storm drain system or the bay.
The continuation of the conditions from the August 9,1990 amended use permit are
as follows:
Condition No. 3:
That a covenant or other suitable, legally binding agreement
shall be recorded against the decreased site assuring that all of
the requirements of Section 20.07.070 J, will be met by the
current and future property owners.
Condition No. 4:
That the restaurant facility shall be open only between the
hours of 7:00 a.m. and 12:00 midnight daily and any increase in
the hours shall be subject to approval of an amendment to this
use permit.
Condition No. 5:
That Coastal Commission approval shall be obtained prior to
the recordation of the proposed covenant initiating the transfer
of development intensity.
Condition No. 6:
That no dancing shall be permitted in the restaurant unless the
Planning Commission approves an amendment to this use
permit.
Condition No. 7:
That the sound from the live entertainment shall be confined to
the interior of the structure; and further that all windows and
doors within the restaurant shall be closed when live
entertainment is conducted on the site.
Condition No. 8:
That no on -sale alcoholic beverages shall be permitted in
conjunction with the subject restaurant unless the Planning
Commission approves an amendment to the use permit.
4.,
Alta Coffee Company
506 31st Street
Newport Beach, CA 92663
Attention: Mr. Tony Wilson
Page 5
Thank you for your anticipated cooperation. However, should you choose to ignore our
request, then without further delay this matter will be referred to the Office of the City
Attorney for appropriate action.
To discuss this letter or to arrange for your reinspection appointment you should contact
Elaine Uda between the hours of 7:30 and 8:30 a.m, or 4:00 and 4:30 p.m at the above
phone number.
Thank you,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By-k VvC i e--
Elaine Uda
Code Enforcement Officer
EU.jm
xc: Use Permit File No. 3263 (Amended)
James D. Hewicker, Director
William Laycock, Current Planning Manager
CMarc`My'ers-Assistant Ply
Cannery Village Investment Partnership, 2293 West Ball Road, Anaheim, CA 92804