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HomeMy WebLinkAbout333 BAYSIDE DR111111111111111111111111111111 *NEW FILE* 333 Bayside Dr 1 STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Gowmr CALIFORNIA COASTAL COMMISSI """ ;,x� W",^'"""'"' 9 SOUTH COAST AREA OF NEWPORT BEACH Page 1 of 3 245 W. BROADWAY, STE. 380 ppr,�Date: 4-1-96 P.O. BOX 1450 AN1' PIR 0 % gggg Permit No. 5-95-141 LONG BEACH, CA 90802d416 PM (310) SWW71 7181 IN110411213141516 COASTAL DEVELOPMENT ARMIT On 14 September 1995 , the California Coastal Commission granted to this permit subject to the development consisting of al conditions, for change the opening hours of an existing restaurant, currently only open for dinner, so that restaurant will open at 11:00 a.m., thus allowing for lunch service. Valet parking will be available for the proposed lunch business and for dinner more specifically described in the application file in the Commission offices.. The development is within the coastal zone in 333 Bayside Drive. New Issued on behalf of the California Coastal Commission by County at PETER DOUGLAS Executive Director By: Jo Title: Coastal Program Analyst The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Code Section 818.4 which states in pertinent part, that: "A public entity is not liable for injury caused by the issuance. . . of any permit. . ." applies to the issuance of this permit. IMPORTANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGEMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 Cal. Admin. Code Section 13158(a). Date Signature of Permittee Page , 2 _ of 3 Permit No. 5-95-141 STANDARD CONDITIONS; 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date 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. Agreement to be Bound Prior to issuance of the coastal development permit, the permittee shalt obtain and submit a written agreement from the owner, subject to the review and approval of the Executive Director, stating that in the event of termination of the lease, and for so long as the development permitted pursuant to coastal development permit 5-95-141 is in operation, the owner of the property will agree to require each new or different tenant, occupant or operator, including itself, to sign a lease'restriction or other appropriate instrument agreeing to comply with the provisions set forth in Special Condition No. 2. 0 Page 3 of 3 Permit No. 5-95-141 ., . Prior to issuance of the coastal development permit, the applicant and landowner shall execute and record a lease restriction in a form and content acceptable to the Executive Director, stating that: (a) Valet parking shall be provided for the development as described and conditioned herein between the hours of 11:00 a.m. and 5:00 p.m. Monday through Friday (except for legal holidays); and (b) The permittee shall maintain all rights of parking, access, and egress to use parking spaces at the adjacent site at 341 Bayside Drive in the City of Newport Beach between the hours of 11:00 a.m. and 5:00 p.m. Monday through Friday (except for legal holidays) for the life of the development as described and conditioned herein. Such lease Permittee be made a facility. bll 5338F restriction shall bind the lessee, and successors and assigns of the or leaseholder. Such restriction shall run with the leasehold and shall Dart of all existing and subseauent lease aareements for the Dermitted STATE OF CALIFORNIA—THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802.4416 (310) SM5071 APPLICATION NO.: 5-95-141 APPLICANT: Yankee Tavern, Inc. PETE WILSON, Gommor Filed: August 15, 1995 49th Day: October 3, 1995 80th Day: February 11, 1996 S_ _e ^ ' Staff: John T. Auyong (_�J-yV ° Staff Report: September 1, 1995 Hearing Date: September 12-15, 1995 Commission Action: PROJECT LOCATION: 333 Bayside Drive, City of Newport Beach, County of Orange PROJECT DESCRIPTION: Change the opening hours of an existing restaurant, currently only open for dinner, so that restaurant will open at 11:00 a.m., thus allowing for lunch service. Valet parking will be available for the proposed lunch business and for dinner. Parking spaces: 80 Zoning: Recreation Marine Commercial Plan designation: Recreation Marine Commercial LOCAL APPROVALS RECEIVED: City of Newport Beach Approval -in -Concept 908-95; City of Newport Beach Use Permit (Amended) #3325 SUBSTANTIVE FILE DOCUMENTS: Coastal Development Permit Applications 5-88-915 (Burton), 5-92-175 (Yankee Tavern Restaurant); City of Newport Beach Certified Land Use Plan SUMMARY OF STAFF RECOMMENDATION: Staff is recommending approval of the project with special conditions regarding parking. The staff recommends that the Commission adopt the following resolution: 5.95-141 (Yankee Tavern) 333 Bayside Drive, Newport Beach LWMAO •►r •► The Commission hereby gnats a permit, subject to the conditions below, for the proposed development on the grounds that the development, located between the nearest public roadway and the shoreline, will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, including the public access and recreation policies of Chapter 3, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. RIWIVANOXAR 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Eompliancn. 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. Inttrprelation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. InswrtionS. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24-hour advance notice. 6. BsSignmen , 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. c:\msoitice\winword\coastal\jtsuyong\595141.dw 1 3 5-95-141 (Yankee Tavern) 333 Bayside Drive, Newport Beach III. SPECIAL CONDITIONS. 1. AEreement to be Bound Prior to issuance of the coastal development permit, the permittee shall obtain and submit a written agreement from the owner, subject to the review and approval of the Executive Director, stating that in the event of termination of the lease, and for so long as the development permitted pursuant to coastal development permit 5-95-141 is in operation, the owner of the property will agree to require each new or different tenant, occupant or operator, including itself, to sign a lease restriction or other appropriate instrument agreeing to comply with the provisions set forth in Special Condition No. 2. 2. Provision of Parking Lease Restriction Prior to issuance of the coastal development permit, the applicant and landowner shall execute and record a lease restriction in a form and content acceptable to the Executive Director, stating that: (a) Valet parking shall be provided during all hours of operation of the development as described and conditioned herein; and (b) The permittee shall maintain all rights of parking, access, and egress to use at the adjacent site at 341 Bayside Drive in the City of Newport Beach for the life of the development as described and conditioned herein. Such lease restriction shall bind the lessee, and successors and assigns of the Permittee or leaseholder. Such restriction shall run with the leasehold and shall be made a part of all existing and subsequent lease agreements for the permitted facility. IV. FINDINGS AND DECLARATIONS. A. Project Description The applicant is proposing to change the hours of operation of an existing restaurant with 2,538 square feet of public service area. Under the proposed change, the subject restaurant would open at 11:00 a.m, rather than 5:00 p.m. Monday through Friday. Valet parking would be provided. The subject restaurant is on the second floor of a commercial building, the bottom floor of which contains 3,673 square feet of office space. A common parking lot containing 80 spaces is shared with an adjacent building at 341 Bayside Drive containing 3,750 square feet of retail space and 3,750 square feet of office space. c:\msoffice\winword\coastal\jtauyong\595141.doc 0 0 5-95-141(Yankee Tavern) 333 Bayside Drive, Newport Beach Section 30252 of the Coastal Act states, in part: The location and amount of new development should maintain and enhance public access to the coast by ... (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation ... The subject site contains office, restaurant, and retail uses and is located between the first public roadway and the waters of Newport harbor. The proposed development involves a change in hours of operation of the existing on -site restaurant, which is Currently closed for lunch during the week. By proposing to open for lunch during weekdays when the other on -site uses are also open, the restaurant would increase parking demand at the site, The resulting intensification of use of the site has potential impacts on coastal access. When private development does not provide adequate parking, patrons of that development are forced to use public spaces which should be available to the visitors to the coastal zone, resulting in significant adverse impacts on coastal access. Therefore, it is important that private development provide parking which is adequate to meet the development's parking demand and minimize impacts on coastal access. The Commission has consistently used specific parking standards for various types of uses in determining parking demand. For restaurant uses, the standard is one parking space for every 50 square feet of public service area (area where the public can eat or wait to eat). For office uses, the standard is one parking space for every 250 square feet of gross floor area. For retail uses, the standard is one parking space for every 225 square feet of gross floor area. Thus, the restaurant's 2,538 square feet of public service area would require 51 parking spaces. The 7,423 square feet of gross floor office area at both 333 and 341 Bayside Drive requires 30 parking spaces. The 3,750 square feet of gross floor retail area at 341 Bayside Drive requires 17 parking spaces. The total parking demand for all these uses, based on the Commission's regularly used standards, is 98 parking spaces. There are only 80 parking spaces, resulting in a hypothetical parking deficiency of 18 spaces. However, the opportunity for shared parking exists. The different uses have different times when their peak usage occurs. Also, there may be times when some of the uses are closed while others are open, such as in the evening when restaurants are open for dinner but offices are usually closed. The applicant has submitted a parking study based on a research done by the Urban Land Institute (ULI) which calculated the peak times for parking demand of various types of uses. For example, the ULI found that the parking demand for restaurants during lunch hours is no more than 70% of the peak demand which occurs in the evening from 7:00 p.m. to 10:00 p.m. Therefore, according to the ULI study, during lunch hours the subject ct\msoflice\winword\coastxl\jtauyong\595141.dac 5-95-141 (Yankee Tavern) 333 Bayside Drive, Newport Beach restaurant would need only 70% of the 51 parking spaces which are required based on the Commission's parking standard. The applicant's study takes the ULI's calculations and translates them to the specific uses at 333 and 341 Bayside Drive (see Exhibit Q. Since the peak demands for these uses do not occur at the same time, the parking demand would be less than required by the Commission's parking standards which do not take into account fluctuations in peak demand. The applicant's study found that during the week the highest demand for parking would be only 76 spaces, which is less than the 80 parking spaces provided in the common parking lot. On the weekends, the applicant's study found that the highest demand for parking would be even less (60 spaces only). The applicant's parking study assumed that the building at 341 Bayside Drive was comprised entirely of office uses rather than half office and half retail. Factoring in the parking demand for the existing retail use results in the addition of only 2 additional spaces at any time. Therefore, adding 2 spaces to the highest demand of 76 spaces would total 78 spaces, which is still less than the 80 parking spaces provided in the common parking lot. In addition, the applicant states that 9 parking spaces in addition to the 80 spaces in the parking lot can be provided via the proposed valet parking service. Therefore, adequate parking to meet the parking demand of the various uses can be provided. However, adequate parking can only be provided if all 80 spaces in the shared parking lot, which is split between the two parcels at 333 and 341 Bayside Drive, are available to all the uses at 333 and 341 Bayside Drive on a reciprocal basis. In addition, the 9 extra parking spaces provided by the proposed valet system would make available additional parking to accommodate parking demand. Therefore, a special condition for a lease restriction is necessary which requires the applicant/permittee to provide valet parking during all hours of operation of the subject restaurant at 333 Bayside Drive as well as maintain rights to use the parking spaces in the shared parking lot which are on the parcel at 341 Bayside Drive for the life of the permitted development. Thus, as conditioned, the Commission finds that the proposed development would be consistent with Section 30252 of the Coastal Act regarding parking. reANWIT9.010i: 0 X v wom ;:u Section 30604(a) of the Coastal Act provides that the Commission shall issue a Coastal Development Permit only if the project will not prejudice the ability of the local government having jurisdiction to prepare a Local Coastal Program which conforms with the Chapter Three policies of the Coastal Act. The City of Newport Beach Land Use Plan (LUP) was originally certified on May 19, 1982. As conditioned, the proposed development is consistent with the certified LUP and the development policies regarding parking contained in Chapter Three of the Coastal Act. c:\msoffice\winword\coastal\jtauyong\595141.doc • 0 5-95-141(Yankee Tavern) 333 Bayaide Drive, Newport Beach Therefore, approval of the proposed development as conditioned would not prejudice the City's ability to prepare a local coastal program consistent with the Chapter Three policies of the Coastal Act. Section 13096 of Title 14 of the California Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. The proposed development is located in an urban area. Development already exists on the subject site. All infrastructure necessary to serve the site exist in the area. The proposed project has been conditioned in order to be found consistent with the development policies regarding parking of Chapter Three of the Coastal Act. Mitigation measures requiring the provision of valet parking and maintenance of rights to use the parking spaces at 341 Bayside Drive will minimize all significant adverse impacts. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Therefore, the Commission finds that the proposed project can be found consistent with the requirements of the Coastal Act to conform to CEQA. c:Xnuoffice%winword%cossutlj tauyong1595141.doc J. r ,n f �f�V wily COPYR1alf 1992 %,{JNfQ -9w e SEE 891 rotes � - _' � a� •. 3_I�1 �+--, �Y•i_j�v �+. ' I nr aurnxnl� 'isE '•. �:i,•,•'•.;�1' � � ;iti1F�°Qi�G, 4„ p♦ &! I' 9 q n bra :' • `x4} °T �Iii�l!at.,.��•� �' �,d'ri, °� +��•j'�utb'F • i{ O �yf � � WMI'1�� � s,• • ' /CN � 6 I - � �-0' �+„,'n4,�a`W��•� .................... 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A a eer �� �� �'hr Q>�'��� �S •� ` r • M0 ado � I ..-.. � ' � g ,. � . �r{. �{r �a r` P"'•y<<• '. J• �E��5�4 ' I°+ Lll 44 �� ♦ y `I/ ' ��8� 63� �/•44 .AMA a t � , u < ,g t t i d ` � � � � s"' 3 a EXHIBIT A Application Number 5-95-141 Vicinity Map Page 1 of 1 California Coastal Commission i e 3 5t♦ S1 e vO �s®y A z �� < :R; � .r'yC�a /°Oi �,�'�. �, � '� I�9"/.�[��,,ati��t �• 4 O a °; °e N a' m �c.,6 is o •" I, N M V' sr to tD n N EXHIBIT B Application Number 5-95-141 Site Plan Page 1 of 1 COMOMIs Coutsl COMMWIa f w` Table 1 9 E Representative Hourly Accumulation By Percentage of Peak Hour Hour of Dav I 1. UU— UU—Office Restaurant Weekday Weekday 3°% 0% Use —* Office Weekday 1 Use —* Total Spaces Restaurant Required Weekday Weekday 0 ! I I 1 I UU—Office Saturday 0% ULI— Use —* Restaurant Office Saturday Saturda 0% 0 Use —* Total Spaces Restaurant Required Saturday Saturday 0 0 6:00 am I 7:00 am I 20% 2% 9 1 10 I 20°% 2% 9 1 10 8:00 am I 63°% 5% 28 3 31 I 60% 3°% 27 2 28 9:00 am I 93% 10°% 42 5 47 I 80°% 6% 36 3 39 10:00 am I 100°% 20% 45 10 55 I 80°% 8°% 36 4 40 11*00 am I 100°% 30% 45 15 60 I 100°% 10°% 45 5 50 12:00 Noon I 90% 50% 40 25 66 I 1000/0 30% 45 15 60 1:00 pm I 90%, 70°% 40 36 76 * I 80% 45% 36 23 59 2.00 pm I 97% 60% 43 30 74 I 60% 45°% 27 23 50 3:00 pm I 93% 60% 42 30 72 I 40°% 45°% 18 23 41 4:00 pm I 77%, 50% 34 25 60 I 40% 45% 18 23 41 5:00 pm I 47°% 70°% 21 36 57 I 20% 60% 9 30 39 6:00 pm I 23% 90% 10 46 56 I 20°% 90% 9 46 55 7:00 pm I 7% 100%, 3 51 54 I 20% 95°% 9 48 57 8:00 pm I 7% 100% 3 51 54 I 20%, 100°% 9 51 60 9:00 pm I 3°% 100°% 1 51 52 I 0°% 100°% 0 51 51 10:00 pm I 3% 90°% 1 46 47 I 0°% 95% 0 48 48 11:00 pm I 0°% 70°% 0 36 36 I 0% 85% 0 43 43 12Midnight I 0% 50% 0 25 25 I 0% 70% 0 36 36 Weekday: Individual Use Requirements:* Parking Spaces Provided: 80 (2 Handicap space) 333 Bayside Drive: c Peak Parking Demand: 76 spaces at 1:00pm Office: 3,673 sf @ 4 stalls/1000sf = 15 spaces * Parking Surplus: 4 spaces Restuarant: 2,538 sf @ 20 stalls/1000sf = 51 spaces Saturday: 341 Bayside Drive: Office: 7,500 sf @ 4 stalls/1000sf = 90 spaces Parking Spaces Provided: 80 (2 Handicap space) �C Peak Parking Demand: 60 spaces at 12noon/8pm Total Without Shared Parking: 95 spaces * Parking Surplus: 20 spaces c VWs 2 sTaces wrcovrecem fay velar; I use. 31}I Eays,_ideDvive,' a�- 3V{1 f3 SU rt VeP- 5o sf• " 451all�ctaosf. 15 s ces alo—� (}Flee- 3t7 k171)oi� ylr v,�ivtus 2 s aces w CdVI1eCIff&� • ov rdAil use- g•W1l ; 3r750 s.f- '� l SNI 2Z5 s.f. 17 s�ces D ak Yki j30�cida tiv ve. 3a sFaces ¢oktl 5-95 -M tEXh►bi-f- C= Parfah9 siudi August 25, 1995 Mr, John T. Auyong California Coastal Commission South Coast Area 24j W. Broadway, Suite 380 Long Beach, CA 90802-4416 hUG 2 3 1995 ILAUl fittNt.A CoAf*r vil "SIO:.. SOUTH COAST DISTRICT Re: Coastal Development Permit Application 5-95.141, Yankee Tavern Restaurant at 333 Bayside Drive Newport Beach, CA. Dear Mr. Auyong, Pursuant to our conversation, I am writing to advise you that the building located at 341 Bayside Drive containing 7500 square feet is occupied 50% by retail tenants and SO% by office tenants. The retail tenants are confined to the ground floor while the second floor is exclusively office space. Using the parking standards outlined in your letter of August 21,1995 that building would require 32 parking spaces. This is two (2) more than the thirty (30) spaces shown in the table complied by Katz, Okitsu & Associates in their Yankee Tavern parking schedule, which has been previously submitted to your office. In reviewing table 1. on that report the highest usage period was on weekdays between noon and 1:00 p.m. At that time there was an excess of four (4) spaces. The new calculation would reduce that overage to two (2) spaces. This does not take into account the nine (9) extra spaces created as a result of tandem parking by the valets. I trust this information is a sufficient response to your questions. Yours Truly, Charles B. Marshall C.E.O. eo rYe*i orts to pArkin' s�,tdys • va►e�-parki n�a EXHIBIT D Application Number 5-95-14'1 Applicant Letter Page 1 of 1 CMINOMia Coastal commisslon 880 Newport Center Drive, Newport Beach, California 92660, (714) 720.1600 14TE OF CALIFORNIA—THE RESOURCES AGEV Go PETE WILSON, Gommor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802-4416 (310) 590.5071 June 12, 1995 Mr. Chick Marshall Yankee Tavern 880 Newport Center Drive Newport Beach, CA 92660 SUBJECT; Coastal Development Permit -Application 5-95-141 Yankee Tavern Restaurant at 333 Bayside Drive, Newport Beach Dear Mr. Marshall: On Friday,.June 9, 1995, Coastal Commission staff held our monthly internal staff review meeting at which various pending applications were reviewed. Your application has been assigned to me and was one of those discussed. As Meg Vaughn of our office indicated to you in her letter dated June 5, 1995, parking is the primary issue for your application. It has been determined that additional items are needed to complete the file. Until those items are received, the'application'shall be considered incomplete.' The items below may not be-all .the items necessary to complete the file. If additional items are required, we will notify you as soon as possible. First, you will need to submit two blueprint size copies of the plans for the project which must be stamped as Approved -in -Concept by the City. The plans must include a site plan, including the layout of the parking lot, as well as floor plans and elevations. Since you share the adjacent parking tot, you must submit a site plan of that parking lot as well. These plans should have been given to you in conjunction with the Approval -in -Concept form which also was issued to you by the City. Second, please explain -in writing the current valet parking system which is supposed to be retained. Will the valet system include tandem parking spaces to increase the capacity of the parking lot? If so, how many tandem spaces would be provided? Third, we believe the opportunity for shared parking exists for your property. During the day on weekdays, a strict application of parking standards for your restaurant, plus the on -site and off -site office uses would show that there is not enough parking if all the uses are open at the same time. However, it is likely that some of the employees of the adjacent offices would patronize your restaurant, and some of your restaurant customers may patronize'the adjacent offices. Therefore, in some cases, there.could be only one parking space being used for more than•one tenant. 'The Coastal Commission has accepted the idea of shared parking if the concept was supported by documentation. Thus, please submit a shared -use parking study prepared by a licensed traffic engineer/consultant. f . . Marshall 5-95-141 Inc. June 12, 1995 Page 2 40 40 Fourth, if the shared use parking study mentioned above still finds that, even after taking into account that one person may patronize more than one of the uses of the site, there is stilt not enough parking for all the customers of all the tenants, then you will have to look into options for finding the required parking. You mentioned in your letter to Meg Vaughn dated May 16, 1995, that the conversion of the former Charlie Brown restaurant into a nautical museum may result in more parking being available at that parking lot. Have you thought about the idea of leasing parking in that parking lot? Fifth, please submit a copy of the reciprocal parking agreement for use of the parking at 341 Bayside Drive. Sixth, your permit application states that 80 parking spaces are available, but the City staff report states that there actually are only 79 parking spaces because one is a handicap space. Please explain this discrepancy in writing. Seventh and finally, there is a legal/technical matter. Since Yankee Tavern does not actually own the property but instead leases it, you need a letter from the underlying landowner which addresses the following issues. Section 30601.5 of the Coastal Act requires that "all holders or owners of any other interest of record in the affected property shall be notified in writing of the permit application and invited to join as applicant." The purpose of this section is to ensure that the Coastal Commission knows that owners of land have been provided with the opportunity to join in on an application which affects their land. This is especially important because the Coastal Commission sometimes imposes conditions of approval which necessitate legal restrictions to be executed and recorded against the property by the landowner. Thus, the underlying landowner must submit a letter stating that they are aware of the your coastal development permit application, are aware that the Coastal Commission may impose legal restrictions on their property and that they wish/do not wish to join you as a co —applicant. If you have any questions regarding any of these items, please do not hesitate to contact me. Sincerely, (?�T- AN John T. Auyong Staff Analyst 4609F:jta T Y COMMISSIONERS 9O 9�L 0 CITY OF NEWPORT BEACH MINUTES May 4, 1995 ROLL INDEX CALL li ve entertanument s e confined tot a mtenor o -------the structure; an further that when the live entertainment is performed, all windows wird doors within the restaurant shalt be closed except when ente ' and leaving by the main entrance of the restaurant. 4. That no dancing shall be permitted in the restaurant ess the Planning Commission approves an amendment to this use t. 5. That all previously applicable conditions pproval of Use Permit No. 1806 (Amended) shall remain in eff a part of this approval. 6. That the Planning Commis ' - may add or modify conditions of approval to the use pe ' , or recommend to the City Council the revocation of this use mut, upon a detemunation that the operation which is the subjec f this use permit, cause injury, or is detrimental to the health, s peace, morals, comfort or general welfare of the communi 7: Th is use permit shall expire unless exercised within 24 months the date of approval as specified in Section 20.82.090A of the Newport Beach Municipal Code. Use Permit No 3325 (Amended) (Public Hearing) Item No.: Request to amend a previously approved use permit which permitted a UP3325A change in the allowable occupancy of an existing restaurant located on Approved property located in the RMC-H District. Said approval also included: a change in the operational characteristics of the restaurant so as to include a bar and dining area with background music; the establishment of a new parking requirement; the retention of a valet parking service, the establishment of operational hours from 5:00 p.m. to 2:00 a.m. Monday through Friday and from 9:00 a.m. to 2:00 a.m. on Saturday and Sunday; and the continued use of a reciprocal parking arrangement with an adjoining commercial property. The proposed amendment requests a change in the operational characteristics to change the opening hour to 11:00 a.m., so as to provide lunch service on a daily basis, where the lunch service is currently limited to Saturdays and Sundays only, and to waive a portion of the required offstreet parking spaces for the daytime use. -7- 0 0 COMMISSIONERS ri9�'9y CITY OF NEWPORT BEACH MINUTES May 4, 1995 ROLL CALL INDEX LOCATION: Lots A and B of Parcel Map 6-10 (Resubdivision No. 249) and a portion of Lot 1, Tract No. 5361, located at 333 Bayside Drive, on the southwesterly side of Bayside Drive between East Coast Highway and Linda Isle Drive. ZONE: RMC-H APPLICANT: Hans Prager (Yankee Tavern Restaurant), Newport Beach OWNER: Marvin Burton, Newport Beach James Hewicker, Planning Director, reviewed the subject application and the existing operation as previously amended and approved. The public hearing was opened in connection with this item, and Mr. Hans Prager, applicant, appeared before the Planning Commission. He lotion concurred with the findings and conditions in Exhibit "A". Ms. Leanne Benvenuti, 106 Linda Isle, appeared before the Planning Commission for a clarification of the restaurant's operation. Director Hewicker explained that the only request is that the restaurant be allowed to be open for lunch. She said that the Linda Isle Community Association had concerns that the restaurant's operation would change and the change would have a negative impact on the neighborhood. There being no others desiring,to appear and be heard, the public hearing was closed at this time. Motion was made and voted on to approve Use Permit No. 3225 "A". ill ayes (Amended) subject to the findings and conditions in Exhibit MOTION CARRIED. -8- COMMISSIONERS T CITY OF NEWPORT BEACH MINUTES May 4, 1995 ROLL CALL INDEX FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use plan, and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available to accommodate the proposed change in the hours of operation of the restaurant. 4. That the waiver of the development standards as they pertain to a portion of the off-street parking (30 daytime parking spaces during the week) walls, utilities, parking lot illumination, and landscaping, will not be detrimental to adjoining properties. 5. That the approval of Use Permit No. 3325 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved site plan and floor plan. 2. That all previous applicable conditions of approval for Use Permit No. 3325 and Use Permit No. 3325 (Amended) shall` be fulfilled. 3. That the hours of operation of the restaurant shall be limited between 9:00 a.m. and 2:00 a.m., daily. 4. That Coastal Commission approval shall be obtained prior to the establishment of the weekday daytime operation of the restaurant. 5. That a minimum of 34 parking spaces shall be provided for the daytime operation of the subject restaurant during the week. A -9- COMMISSIONERS MINUTES CITY OF NEWPORT BEACH May 4, 1995 ROLL INDEX CALL minimum of one parking space for each 41f square get o net public area" (62 spaces) shall be provided during the Saturday daytime operation of the restaurant, and one parking space for each 40 square feet of "net public area" (64 spaces) for all other hours of the restaurant's operation. 6. That the development standards pertaining to a portion of the required parking spaces (30 daytime parking spaces during the week) walls, utilities, parking lot illumination, and landscaping„ are waived. 7. 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 detern ination 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. 8. 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. Use Permit No 3551 (Continued Public Hearing) Item No. Request to permit the establishment of a nautical museum in a floating UP3551 structure currently occupied by Charley Brown's Restaurant, where the related off-street parking area is located in the RMC-H District. The Approved proposed facility will include exhibit space, a meeting area, a library, a gift store and a cafe with on -sale beer and wine on the floating structure, with related off-street parking on the adjoining upland parcel. The proposal also includes a request to permit live entertainment, dancing, and alcoholic *beverages for various museum functions, weddings, and other private parties. LOCATION: Lot A , Tract No. 5361, Parcel 4 of Parcel Map 93-111 (Resubdivision No. 995) and a portion of Block 54 of Irvine's Subdivision, located at 151 -10- Planning Commission Meeting May 4. 1995 Agenda Item No. 2 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Pernvt No 3325 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted a change in the allowable occupancy of an existing restaurant located on property located in the RMC-H District. Said approval also included: a change in the operational characteristics of the restaurant so as to include a bar and dining area with background music, the establishment of a new parking requirement; the retention of a valet parking service; the establishment of operational hours from 5:00 p.m. to 2:00 a.m. Monday through Friday and from 9:00 a.m. to 2:00 a.m. on Saturday and Sunday; and the continued use of a reciprocal parking arrangement with an adjoining commercial property. The proposed amendment requests a change in the operational characteristics to change the opening hour to 11:00 a.m., so as to provide lunch service on a daily basis, where the lunch service is currently limited to Saturdays and Sundays only; and to waive a portion of the required offstreet parking spaces for the daytime use. LOCATION. Lots A and B of Parcel Map 6-10 (Resubdivision No. 249) and a portion of Lot 1, Tract No. 5361, located at 333 Bayside Drive, on the southwesterly side of Bayside Drive between East Coast ITighway and Linda Isle Drive. ZONE: RMC-H APPLICANT: Hans Prager (Yankee Tavern Restaurant), Newport Beach OWNER: Marvin Burton, Newport Beach Application This application involves a request to amend a previously approved use permit which permitted a change in the allowable occupancy of an existing restaurant located on property located in the RMC-H District. Said approval also included: a change in the operational characteristics of the restaurant so as to include a bar and dining area with background music; the establishment of a new parking requirement; the retention of a valet parking service; the establishment of operational hours from 5:00 p.m. to 2:00 a.m. Monday through Friday and from 9:00 a.m. to 2:00 a.m. on Saturday and Sunday, and the continued use of a reciprocal parking arrangement with an adjoining commercial property. The proposed amendment requests a change in the operational characteristics to change the opening hour to 11:00 a.m., so as to provide lunch service on a daily basis, where the lunch service is currently TO, Planning Commwion - 2. 0 limited to Saturdays and Sundays only; and to waive a portion of the required offstreet parking spaces for the daytime use. In accordance with Section 20.72.020 B of the Newport Beach Municipal Code, changes in the operational characteristics of an existing restaurant are subject to the approval of use permit. Use permit procedures are set forth in Chapter 20.80 ofthe 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 subject property is currently developed with a commercial building containing the Yankee Tavern Restaurant which includes 2,538f square feet of "net public area" and a gross floor area of 4,48U square feet, and a law office containing 3,6734: square feet of the floor area. To the north, across East Coast Highway, is the De Anza Mobile home Park and the Pearsods Boat Storage; to the east, across Bayside Drive, is an automobile service station; to the south is the Linda Isle residential area; and to the southwest is a commercial building containing a dry cleaning pick-up facility and retail use on the ground floor and general offices on the second floor. The Land Use Elements of the General Plan and the Local Coastal Program designate the site for "Recreational and Marine Commercial" uses. The subject project is a permitted use within this designation. The Land Use Element has also established area specific land use policies throughout the City. These "area" policies set a site -by -site variable Floor Area Ratio development limit of 0.5l0.75. In the case ofmixed use developments containing a combination of restaurant uses (Reduced FAR use) and retail or office uses (Base FAR uses), the base development allocation (.5 FAR) shall not exceed the sum of the weighted square footage of each use. The following table sets forth the weighted square footage's for the subject property. Weighting Weighted Land Square Footage Factor Development Restaurant 4,482f sq.ft. x 1.67 7,4851 sq.ft. Office 3,673t sq.R. x 1.0 = 7 f Total Weighted Development = 11,1581 sq.ft. Weighted FAR = .46 TO: Planning Commission - 3. I As indicated in the above table, the existing weighted development does not exceed the base development allocation of .5 FAR; therefore, the existing development is consistent with the Land Use Element policies and guidelines and Section 20.07 (F.A.R. Ordinance) ofthe Municipal Code. In accordance with the provisions of the California Coastal Act, the subject application also requires the approval of the Coastal Commission Background The subject restaurant was constructed in 1968, prior to the requirement for a use permit for restaurant uses. However, on May 16, 1968, the Planning Commission approved Variance No. 941 which involved a request to waive 10 parking spaces for the combined use of the subject property and the adjoining parcel to the south, in conjunction with the establishment of the subject restaurant, containing 105 seats; general offices containing 3,673f square feet, and the Islander Furniture Store containing 7,5001 square feet (located on the adjoining southerly property). The total combined parking requirement for all uses was 80 parking spaces. It was the Planning Commission's opinion that the nature of the fiuniture store use was such that the maximum clientele at any one time would not be likely to require parking on proportion to the square footage. In addition; the offices and furniture store were closed after 5:00 p.m.; therefore, 70 parking spaces were considered to be adequate. On December 17, 1970, the Planning Commission denied Variance No. 941 (Amended), which was a request to expand the seating capacity of the subject restaurant from 105 seats to 182 seats. It was the Planning Commission's opinion that the requested increase in the number of seats was an unacceptable intensification of use of the property. On February 22, 1971, the City Council sustained the action of the Planning Commission and denied the applicant's appeal of Variance No. 941 (Amended). On January 20, 1972, the Planning Commission approved an amendment to Variance No. 941 which permitted the conversion ofthe 7,500 square foot furniture store to office use. On September 20, 1984, the Planning Commission approved Use Permit No. 3107, which permitted an increase in the allowable occupancy of the subject restaurant and established a new parking requirement of one space for each 42 square feet of "net public area." Also approved was a comprehensive parking plan involving adjoining parking areas for the Reuben's and Reuben E. Lee Restaurants and the adjoining marina. The use permit was never exercised and in accordance with Section 20.80.090 A of the Municipal Code, the approval expired after twenty four months. At its meeting of September 22, 1988 the Planning Commission approved Use Permit No. 3325 which changed the operational characteristics of the existing restaurant use so as to: eliminate the previous dancing activity; allow live entertainment for background music only, and limited the hours of operation from 5:00 p.m. to 2:00 a.m. Monday through Saturday and from 9:00 a.m. to 2:00 a.m. on Sunday. Said approval also included the establishment of a valet parking service and the continuation of a reciprocal parking an angement with the adjoining commercial property to the south. Sixty- four (64) parking spaces were required for the restaurant facility. The action of the Planning Commission TCk Planing Commission - 4. 0 was taken with the findings and subject to the conditions of approval set forth in the attached excerpt ofthe Planning Commission minutes dated September 22, 1988. At its meeting of January 9, 1992, the Planning Commission approved Use Permit No. 3325 (Amended), a request to permit a change in the operational characteristics of the restaurant so as to allow the restaurant to open for lunch service on Saturdays, The approval therefore allowed the hours of operation to be from 5:00 p.m. to 2:00 a.m. Monday through Friday and from 9:00 a.m. to 2:00 a.m. Saturday and Sunday. The approval to extend the daytime operation to Saturday required that the facility provide parking at one parking space for each-41 sq.ft. of "net public area" or 62 parking spaces on Saturdays. An excerpt of the minutes of that meeting area attached for the Commission's information. The applicant is now requesting to change the operational characteristics of the restaurant by expanding the hours of operation so as to allow the service of lunch during the week. Although the applicant intends to be open only from 11:30 a.m. to 3:00 p.m. on weekdays, staff has no objections to permitting the same operating hours daily that currently exist for Saturdays and Sundays. The existing "net public area" of the restaurant, which is 2,538 square feet, will not change nor will the 20 employees that are currently employed during peak hours of operation. The parking design shown on the attached plans shows 80 parking spaces, however, inspection of the site showed that due to the addition of handicap parking spaces, only 79 spaces are provided. The applicant has also provided the attached letter describing the justification for the proposed operation. In accordance with Section 20.30.035 of the Municipal Code, the Planning Cgmtnission may increase or decrease the parking requirement for a restaurant within the range or one space for each 30 to 50 square feet of "net public area", or waive a portion of the required parking, depending on the operational characteristics of the facility. The restaurant parking requirement for the subject that portion of the facility could vary from 51 spaces (one parking space for each 50 sq.ft. of "net public area") to 85 spaces (one parking space for each 30 sq.ft. of "net public area"). In accordance with the previous approval of Use Permit No. 3325 and Use Permit No. 3325 (Amended), the applicant provides the requited parking for the restaurant's operation through a reciprocal parking arrangement with the adjoining office building at 341 Bayside Drive. The off-street parking requirement for the subject properties are as follows:: 3,673f sq.ft. + 250 sq.ft. = 14.7 or 15 spaces (based on one parking space for each 250 square feet of net floor area for the law office) TO: Planning Commission - 5. 11 2,538.E sq.ft. = 40 sq.ft. = 63.5 or (based on one parking space for each 40 square feet of "net public area" within the restaurant) 341 Bayside Drive 7,500t sq. ft. = 250 sq.ft. _ (based on one parking space for each 250 square feet of net floor area) Total Daytime Parking Required Parking Provided Proposed Off -Street Parkine 64 spaces 30 spaces 109 spaces 79 spaces 30 space deficit (Requested Waiver) Inasmuch as the law office is open only from 9:00 a.m, to 4:00 p.m. Monday through Friday, the restaurant is the only use on the subject property that requires parking in the evening and on weekends. However, during the weekday daytime operation only 34 of the 79 parking spaces (79 spaces - 15 for law offices - 30 spaces for 341 Bayside Drive office building = 34 spaces) are available for the restaurant. If the parking is based on one space for each 40 square feet of "net public area", a maximum of 1,400 sq.ft. would be allowed to be open during the day. The applicant is requesting that he be allowed to utilize the entire restaurant dining area and that the requirement for 30 of the required parking spaces be waived, given the actual usage of the on -site parking. Staff visited the subject property on April 26, 1995 to observe the on -site parking characteristics of the existing uses during the lunch hour. It was observed that 45 of the 79 parking spaces were vacant at any one time between 11:35 am. and 12:20 p.m.. The existing on site uses apparently generate a need for approximately 34 parking spaces based at lunch time on the observations. It is staffs opinion that 34 parking spaces may be adequate for the weekday daytime operation of the restaurant inasmuch as lunchtime operation of restaurants are not typically a peak period of use, especially given this particular location. However, should problems arise in the future with regard to parking, the Planning Commission is empowered to call up this item for a review, at which time they may add or modify conditions of approval to the use permit. Restaurant Development Standards Chapter 20.72 of the Newport Beach Municipal Code was adopted in 1967 by the City in order to give the Planning Commission the opportunity to review any proposed restaurant or take-out restaurant through the use permit procedure. Development standards were established for restaurants so as to insure that such facilities would be aesthetically compatible with adjoining properties and streets. Said TCk PRning Commission - 6. 6 development standards are set forth in Chapter 20.72 of the Municipal Code and include specific requirements for building setbacks, parking, traffic circulation, walls surrounding the restaurant site, landscaping, parking lot illumination, signing, underground utilities and storage. Section 20.72.130 of the Municipal Code states that the Planning Commission shall have the right to waive or modify any of the above mentioned development standards for take-out restaurants if such modification or waiver will achieve substantially the same results and will in no way be detrimental to adjacent properties or improvements than will the strict compliance with said conditions. In conjunction with the approval of the original Use Permit No. 3325 and Use Permit No. 3325 (Amended), the Planning Commission approved the waiver of the development standards pertaining to was, utilities, parking lot illumination, and landscaping. Staff has no objections to the continued waiver of said development standards, inasmuch as the request only pertains to the restaurant being open for lunch on weekdays. Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve Use Permit No. 3325 (Amended), the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Inasmuch as the subject restaurant, fully complies with all applicable zoning regulations (except for a portion of the weekday daytime parking), no exhibit for denial has been provided. However, the possibility remains that information may be provided at the public hearing which may provide adequate basis for denial of this application, should the Planning Commission wish to take such an action. PLANNING DEPARTMENT JAMES D. HEWICKER, Director BYE tvier S. Gard Senior Planner Attachments: Exhibit "A" vicinity Map Excerpts of the Planning Commission minutes, dated September 22, 1988 and January 9,1992 Letter from Applicant Describing the Operation Site Plan and Floor Plan TO: Plan • Commission - 7. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3325 (AMENDED) FINDINGS: That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use plan, and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available to accommodate the proposed change in the hours of operation ofthe restaurant. 4. That the waiver of the development standards as they pertain to a portion of the off-street parking (30 daytime parking spaces during the week) walls, utilities, parking lot illumination, and landscaping, will not be detrimental to adjoining properties. 5. That the approval of Use Permit No. 3325 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved site plan and floor plan. 2. That all previous applicable conditions of approval for Use Permit No. 3325 and Use Permit No. 3325 (Amended) shall be fulfilled. 3. That the hours of operation of the restaurant shall be limited between 9:00 a.m, and 2:00 a.m., daily. 4. That Coastal Commission approval shall be obtained prior to the establishment of the weekday daytime operation of the restaurant. 5. That a minimum of 34 parking spaces shall be provided for the daytime operation of the subject restaurant during the week. A minimum of one parking space for each 41t square feet of "net public area" (62 spaces) shall be provided during the Saturday daytime operation of the TO: Pig Commission - 8. 6 restaurant, and one parking space for each 40 square feet of "net public area" (64 spaces) for all other hours of the restaurant's operation. 6. That the development standards pertaining to a portion of the required parking spaces (30 daytime parking spaces during the week) walls, utilities, parking lot illumination, and landscaping„ are waived. 7. 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, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare ofthe community. 8. That this use permit shalt 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. :tom T-0 Malm ICY M4P MAP—CITY—OF—NEWPORT— ntacn—%#NL..irvnt'v It R1 COMMISSIONERS p\ MINUT4 September 22, 1988 CITY OF NEWPORT BEACH INDEX XL CALL ngress/egress on to West Coast Highway. She said that t parking lot is used to avoid the traffic signal at Sup for Avenue and West Coast Highway. Commissioner Debay rated that she measured parking spaces that are under a ht feet in width and not labeled as compact Parkin g s ces. ► * Motion was vo d on to deny Use Permit No. 3323 subject Ayes to tha findings n Exhibit "B". MOTION CARRIED. Noes FINDINGS: 1. That the proposed -site parking is inadequate for the subject take-ou restaurant and further that said restaurant is loc ted adjacent to a residen- tial area where the exi ing demand for on -street parking is very high. 2. That the proposed take-out astaurant is not compatible with the surrounding residential land uses. 3. The approval of Use Permit No. 3323 wit under the circumstances of the case, be detriment to the health, safety, peace, morals, comfort and eneral welfare of persons residing or working i the neighborhood and will be detrimental and injur us to property or improvements in the neighborhood a Lite eiey Use Permit No 3325 (Public Hearink)_ Item No.4 Request to increase the allowable occupancy of the UP3325 former Baxter's Restaurant facility, and to establish a new parking requirement based upon "net public area". AE roved The proposal also requests ,to change the operational characteristics of the former restaurant facility which served breakfast, lunch, and dinner, and maintained a cocktail lounge with live entertainment and dancing. The proposed restaurant will consist of a bar and a dining room with incidental background music, and will only be open for business between 5:00 p.m. and 2:00 a.m. daily and for Sunday brunch. The proposal also includes the utilization of on -site parking spaces And reciprocal parking on adjoining commercial property, and a modification to the Zoning Code so as to permit A valet parking service. -11- `O 0 i �i'3'h}-• MINUTES . COMMISSIONERS �Rj. .Z. A September 22, 1988 ROLL CALL Motion CITY OF NEWPORT REACH LOCATION: Lots A and B of Parcel a ootion of (Resubdivision No. 249) and P Lot 1, Tract No. 5361, located at 333 Bayside Drive, on the southwesterly corner of East Coast Highway and Bayside Drive, across from the De Anza Mobile Home Park. ZONE: C-1-H APPLICANT: Hans Prager, Newport Beach OWNER: Marvin Burton, Newport Beach The public hearing was opened in connection with this item, and Mr. Hans Prager, applicant, appeared fore the Planning Commission. Mr. Prager described the New England nemed "Yankee restaurant will beopenRestaurant.and thatsaidthe dinner hours and there are plans to open for Sunday Brunch. ' Mr. Marvin Burton, property owner, appeared before the Planning Commission. Mr. Burton stated that he bad conferred with the applicant regarding the findings and conditions in Exhibit "A", and that they had agreed with same. Mr. Burton distributed letters from Mr. Wambaugh, Linda Isle, and Ms. Lynne Valentine, occupant of the ground floor on the adjacent property south of the subject site, who are in support of the subject application. In response to a question posed by Commissioner Merrill, Mr. Prager replied that the restaurant is proposed to be open by February 1, 1989. In response to a question poPrager replied s that ckthe Planning Director, restaurant will employ their own valet service. 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. 3325 subject to the findings and conditions in Exhibit "A". Commissioner Pers6n stated that he would support the motion based on the applicant's successful record as a restaurateur in Newport Beach. -12- INDEX Al s a - i 1988 er 22 ee temb ��yytl�.\ � A x CITY OP NEWPORT BEACH ROLL. CALL INDEX Commissioner Di Sano concurred with the foregoing statement in support of the use permit application. Chairman Pomeroy stated his support of the motion, and the characteristics of the restaurant. Motion was voted on to approve Use Permit No. 3325 All Ayes subject to the findings and conditions in Exhibit "A". MOTION CARRIED. LISIX0 1. That the subject proposal is consistent with the Land Use Element of the General Plan and with the Local Coastal Program and is compatible with the surrounding 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 walls, utilities, parking lot Illumination, and landscaping will not be# detrimental to adjoining properties, 4, That the restaurant will be open only during those hours when office uses on the site and in the adjoining building are closed for business. 5. 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 any Property within the proposed development. 6. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 7. That the approval of Use Permit No. 3325 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. 8. That the approval of a modification to the Zoning Code, so as to allow the use of valet parking will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, -13- COMMISSIONERS 'I MINUTES " ROLL CALL September 22, 1988 CITY OF NEWPORT BEACH INDEX 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. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as provided in the following conditions. 2. That all employees of the restaurant shall park in the shared, on -site parking lot. 3. That 64 parking spaces shall be provided for the restaurant during restaurant operating hours. 4. That onsite parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 5. That handicapped parking shall be provided as required by Code, and that the required number of handicapped parking spaces shall be designated solely for handicapped self parking and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. A handicapped sign on a post shall be required for each handicapped parking space. 6. That all improvements be constructed as required by Ordinance and the Public Works Department. 7. That all trash areas and mechanical equipment shall be screened from views from Bayside Drive, East Coast Highway, and adjoining properties. 8. That the operating hours of the restaurantshall be 5:00 p.m. to 2:00 a.m. Monday through Saturday, and 9:00 a.m. to 2:00 a.m. on Sundays. 9. That grease interceptors shall be installed on all fixtures on the restaurant facility where grease may be introduced into the drainage system in accordance with the provisions of the Uniform -14- �3 COMMISSIONERS N-V\00AX P o MINUTES" 4 September 22. 1988 CITY OF NEWPORT BEACH ROLL CALL INDEX Building Code, unless otherwise provided by the Building Department and the Public Works Department. 10. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 11. That a washout area for refuse containers be provided is 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. 12. That a trash compactor be provided in the restaurant facility. 13. That restaurant development standards pertaining to walls, landscaping, utilities, and parking lot illumination shall be waived. Said waiver does not include the required public improvements. , 14. That Coastal Commission approval shall be obtained prior to the issuance of building permits. 15. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. 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. -15- COMMISSIONERS '. - -� ' - •------�-- �arfitary�;iy MINUTES ROLL CALL CITY OF NEWPORT BEACH That the Planning Commission may add or modify co 'tions of approval to the use permit, or recommend to the Ci ouncil the revocation of this use permit, upon a determinatio iat the operation which is the subject of this use permit, cause. ' 'ury, or is detrimental to the health, safety, peace, morals, ort or general welfare of the community. 8. That this use permit shall expire if not rcised within 24 months from the date of approval as spec' in Section 20.80.090A of the Newport Beach Municipal Co e. Request to amend a previously approved use permit which permitted a change in the allowable occupancy of an existing restaurant located in the C-1-H District. Said approval also included: a change in the operational characteristics of the restaurant so as to include a bar and dining area with background music; the establishment of a new parking requirement; the retention of a valet parking service; the establishment of operational hours from 5:00 p.m. to 2:00 a.m. Monday through Saturday and 9:00 a.m. to 2:00 a.m. on Sunday; and the continued use of a reciprocal parking arrangement with an adjoining commercial property. The proposed amendment includes a request 't so as to amend Condition No. 8 of the existing use perrm emit the restaurant to be open for Saturday lunch. Lots A and B of Parcel Map 6-10 (Resubdivision No. 249) and a portion of Lot 1, Tract No. 5361, located at 333 Bayside Drive, on the southwesterly side of Bayside Drive, between East Coast Highway and Linda Isle Drive. C-1-H Hans Prager, Newport Beach Marvin Burton, Newport Beach -9- INDEX Item No.4 uP3325A Approved `s - - -----• - —_ �_ _� January 9, 1992MINUTES COMMISSIONERS ! ,. CITY AF NEWPORT BEAGN INDEX ROLL CALL Motion All Ayes fames Hewicker, Planning Director, stated that two letters of 'pposition from Linda Isle residents were received by staff regarding the request. The concerns expressed may be a misunderstanding of the public notice, inasmuch as the restaurant currently is open until 2:00 a.m., and the proposed application only establishes a lunch hour on Saturdays. in response to a question posed by Commissioner Edwards, Mr. Hewicker explained that no noise problems have been registered with the Police Department by Linda Isle residents towards the subject restaurant. The public hearing was opened in connection with this item, and Mr. Jerry King appeared before the Planning Commission on behalf of the applicant, and he concurred with the findings and conditions in Exhibit W. There being no others desiring to appear and be heard, the public hearine was closed at this time. Commissioner Debay suggested that Mr. King notify the concerned Linda Isle residents for the purpose of clarification of the restaurant's operating hours. Motion was made and voted on to approve Use Permit No. 3325 subiect to the findings and conditions in Exhibit W. MO11ON EWLWIL9. 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, Land Use plan, and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available to accommodate the proposed change in the hours of operation of the restaurant. 4. That the waiver of the development standardsasillumination, they end pertain to walls, utilities, parking elg lot -10- �6 January 9, 1991 COMMISSIONERS ! MINUTES ROLL CALL CITY -OF NEWPORT BEACH landscaping, will not be detrimental to adjoining properties. 5. That the approval of Use Permit No. 3325 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved site plan and floor plan. 2. That all previous applicable conditions of approval for Use Permit No. 3325 shall be fulfilled. 3. That the hours of operation of the restaurant shall be from 5:00 p.m. to 2:00 a.m. Monday through Friday and from 9:00 , a.m. to 2:00 a.m. on Saturday and Sunday. 4. That Coastal Commission approval shall be obtained prior to the establishment of the Saturday lunchtime operation of the restaurant. 5. That a minimum of one parking space for each 41± square feet of "net public area" (62 spaces) shall be provided during the Saturday lunch operation of the restaurant and one parking space for each 40 square feet of "net public area" for all other hours of the restaurant's operation. 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, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 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. ess -11- INDEX t 883 Bayside Drive Newport Beach, CA 02660 (714) 676.6333 Planning Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 March 28, 1995 Dear Sirs, 82441 Golden lantern Laguna Nlguel� CA 92677 (714) 240.4994 Enclosed is our application to amend Use Permit No. 3325 to permit the Yankee Tavern to open at 11:00 a.m., Monday through Saturday for the purpose of serving lunch. As I understand the current city code parking formulas our amendment would also require a parking waiver. , Prior to applying, our landlord, Marvin O. Burton contacted the tenants of his buildings, at 333 and 341 Bayside as to our intended opening for lunch. He reports that all are in favor of the idea. Our plan is to offer valet parking to our guests. This will provide added security, cleanliness and better use of the parking area for all of the tenants, We have observed the lot for several months during normal business hours to determine the feasibility of our plan. By our observations there are rarely more than twenty cars on the lot prior to 5:00 p.m. Most days the average is fourteen to sixteen cars. This leaves more than ample space to serve offices as well as restaurants parking users. We have attempted to negotiate the lease of additional spaces on the adjacent Reubens / California Recreation lot and the What's Cooking lot across the street. In both instances the principals are negotiating on other projects and thus are not in a position to respond to our request at this time. We have also met with principals in the Maritime Museum project in a further effort to obtain parking spaces. As that project has not yet determined nor obtained its parking needs we were unable to proceed further. Administrative Office: 880 Newport Center Drive, Newport Beach, CA 92660 (714) 720.0936 `� • a 333 Bayside Drive Newport Beach, CA 92660 (714) 675-6333 32441 Golden Lantern Laguna Niguel, CA 92677 (714) 240-4994 As we are anxious to open for the busy summer season, we seek a temporary waiver of the parking requirements for our site in order to allow time to further evaluate the actual parking needs and pursue additional spaces, if necessary. Some other considerations to allow us to open for lunch are: 1) Additional sales / use tax revenue to the city. 2) The site was previously occupied by a restaurant which was open for lunch. 3) The availability of lunch service will enhance the awareness of the site and be a stimulus to the other businesses located there. 4) Our long experience as restaurant and valet parking operators in the city will assure a smooth transition to serving two meal periods per day. 5) The density of seating at lunch is less than dinner. The average lunch party is two persons where as dinner seatings average three or more persons. Less density translates in to fewer customers per square foot during the lunch period. Thus, fewer 'spaces are needed. This is further mitigated by the fact that a portion of our business will come from on -site tenants or in the event they leave the premises for lunch their parking spaces would be available for the restaurant's use. Thank yo considering our a lication. Hans Prager, Presi ent Yankee Tavern, Inc. Administrative Office: 880 Newport Center Drive, Newport Beach, CA 92660 (714) 720-0936 .1Q I v, -1 MLTAf- -15� GApikjt—_i W" TWO P!_exlatf..A)Ss ; "- INTMMkom fu-UMU1liT0U (FLL-br-w•s«r -rume5) Gol.oV_' ofee arwnP+,,�s �o G7,li N I I L` 4' ' env. ue E-_ EXI�iINCr �iLUNP`1TD1.1C �—'<- i VCtJsB<'a.�o srE�t s� su�fzr cowuuJ � . rtr AAP— �YGonJ 5t6iN - :.L.�Ml3r.1T; I ffK ONT EL,�V 7Yrt ' No9-TH 4 irm�J Tt-t r�is 4 Y' T F---p L A N__ �r II = -onl -()[I - owN�� ; It�/IN� Cc�tt7ANY G{�DUNiJ L��S✓`G OWN�}2 ; I�/IN o. �fri"oN ' ,NcVih�T �-�PCH �fi'�C�4a N�WI�'f H Nf;WpGfzT ��c+� q�oo p�U I GI NG Grp ; Mt-T I 6'�%s e�_:Ww ;rl�,nf z - TOTAL - 81 �5 � i�'1' cuss LEGAL �'c�c►�I�TiGN = S1AWIy7gCN IN TH15- GITT G"(= H( N"T p ) COWNrr op oI NGr a1'ATk:- cr , As I� MPN r-ILW IN tWf< 1 , 1'i i= 86 0�' WISO, �> M� IN THI &Wj0; Ct:= THE coU NTT f ?fit M ofa ` ,4 V Ca.�NTY PP�KIh�G' ��QUl��f�(�NTS ; fxl�T {�TP•Uf�`'NT - 4� �. �T �t� - 2°.�i slo rr NET r Tau IT - ++av sC M Gkoos - 15�w so. rT. NET �f.111�t7/ �p"t�19N� -Tp� �Ti•LI,S CoMM�L /�=G�dl Grp "�•iT,Gfi! ��1'�I�ib WILL UTILIz Tf'L -to P � FVK NIGHT 1✓iNINr aIN y ti it TY h � 4 7 � M•I J 17941 Fitch l rvine, CA. 92714 (714) 863-1960 no. -date description 2 12• I� t� t� 5 3•� �' TK'�E�-1G �� Zl •8'! -ri IG vr?7 7 1fE r U � Z m UJ M W > as 3 <C Cl) a Z F- Cr .y W UJ Oz LU LU o l� W to = w z (j a 1 I C _ o J aQo ,} > CL M M Q D n ca $ >~ ° o �'' 44 F M to �� ;4 !ri GA F r drawn: G�jc checked: architect: principal: 88-600 SITE PLAN CITY OF NEWPORT BEACH .PPROVAL ifs CON'C fhi3 croject eori.r:as t % If aap i`ce le planning regolatiat:s as i' 8:i<'.�t a, ?r:.` =• . r-ns on purposes. No lilts, nsns are.- royal is received from ' e r:, g ,, ml- approve th$ Cu;stern.d L' ci}4 L $ } -1 i on . PL :Pd:,INu OEPr f..c <t ;f JAFAES ? �iEy'iG�ER, Director �_3 a , 0 - �_ Dates_ BY (D- 1-l" � i I 1 ! 1 I 1 I I 1 i 1 I 1 t— } — ;--- - . �— - - . -- -- —} x /< X I ).t'd I .fir I�-</ � � Jt— �H �t� ; 1 �y,�w - - N --� - - --�i' - - �-;�-+oN� 1 i 1 f I tl it / : �r V �'' "'� I p t>• = fi CD -e7 µlb !VIC � --- -- - - 'eft=✓�t�-" T� �H�T-�'2. I � ' I ' � �- --, -� � _ I All o� 1 s: 4 I ! 011 I �I,p ll 12 all �N • �hT God-l�l�l�r� � T1� i�i��' WaMtF--N • �'zT G VE�K T P. ICI • �t'K!N-T�MI�vN V�Nt�Ol2 IV- �SrL �H— ' . n-r--1=UItZ�M�NT�— TOi'..�?�TGG'i"fi��i�Tr"ICNTGI C"i�ZZhN IN � O — --= I✓x157!�6 4-l�.I,L To P�� �f'1o�� �x16-TItJ6 i�iP1,L -ro �EMp.IN -�Tuph I roll O. G Tl'P e xr (t�T,G 4 �<4- ue& I� 14 . TT7. Ur4o ( M'l ax1�-�N� — Sov�ID 11�15UI�ttoi`>. (E) 1;X 15Ti N6 O NORTH 1 CITY OF NEWPORT BEACH P.PROVAL IN COO.,4C T NO. a--L— I IIIS Yr4iu-v� cn.^taims t� s,i app!ICs-le ptarming regulatiot;s and polirics ill 00 C11 thi:, iEt9. ih.se u:aas are „-'.r construCtlon purposes. No cuilding os ,-":,`. ,;' -:- :,= �', `= approval is received from the C.=<iifcr l;:f : .r44i or..tt,rs ien PLANidi NG DEPA=TatENT JAMIES 7. FiE4;`1G=s n. Director By �', 6t1 i. )3qi.p U 17941 Fitch Irvine, CA. 92714 (714) 863-1960 s' U Z m CC � � � C7 a W 12. z 0 W LU W � Q c%i m W a °C in ®O > ''- III M k • / `-.tea}lx+ieF.#}q Utino"fa�n'�#'S� drawn: checked: architect: principal: 88-600 M"'_ 7 N" FLOOR PLAN AT UPPER LEVEL A 2, 2L. • OF JUN 2 9 1995 0 I I 1 I ' +4 ui = W _-- _ _ --- _ --- __---- CITY OF NEWPORT REACH I O ii PPRO`JAW IN CCN-01 Mo. this w3ject uv, lf;,;rs tr sh „:r ',,csuie planning regulatim'is O and pniicies 3t W APB axis '�ac Q 1 ht5t u!-a5 2i6'�• '. • :;> -z `::; n,. seruction Purposes. No �j m —�-- mir e„g ye nri s.c:c":.t t,l approval is received from co the Qai!to.n:j Cr sion ANNING DEPAF'�'EtiT co ANTES J HE Director �v cl co 1 ---��� ✓f/G� _ Date: �— Sont,,h Coast tr'i-' L,kpzc� pr— '__j ' �."F'i�p3ik�t?v� �gig "`a "rawn hecked: 'rarchitect . principal: 88-600 ELEVATIONS ' ._ +A. __'.—. � -_ TA- __.�__--- �� �- • IP'' 1 s`,:ITnfi�.f .wu'. -1 APPLICATION FOR "APPISAL IN CONCEPT" NO. !CS-3 E5 CITY OF NEWPORT BEACH FEE: 436.0() APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application to the California Coastal Commission pursuant to California Administrative Code, Section 13210 and 13211. Property Address:LA//i/// General Description of Proposed Development:_ t i ..I?� /� ,/ i F i!/i✓//i t 7�1 / o,e �)rsiih'✓i %/u / zl/ Z/�- Legal DescriptionZ,� ,/ //5i el-- /-✓i/,A ii//1/%� 4-In Zone: Applicant: !, Applicant's Mailing Address: el/4 p /!/ f /.. �% t / �'/i Tl, •� Z/) /s e- Applicant's Telephone Number: 7/-ge- - /��a D %i/• DO NOT COMPLETE APPLICATION BELOW THIS LINE The I have reviewed the plans for the foregoing development including: and find 1. The general site plan, including any roads and public access to the shoreline. 2. The grading plan, if any. 3. The general uses and intensity of use proposed for each part of the area covered in the application; They comply with the current adopted City of Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or x That a A/wxp 14w ftm rr has been approved and is final A copy of any variance, site plan review, resubdivision, use permit, or other issued permit is attached together with all conditions of approval and all approved plans including approved tentative tract maps. On the basis of this finding, these plans are approved in concept, and said approval has been written upon site plans, signed and dated. Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other regulations in any manner that would affect the use of the property or the design of a project located thereon, this approval in concept shall become null and void as of the effective date of this said ordinance. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: • Has received a final Exemption Declaration or final Negative Declaration (copy attached). )( Has been determined to be ministerial or categorically exempt. • Has received a final Environmental Impact Report (copy Attached). All discretionary approval legally required of this City prior to issuance of a building permit have been given and. are final. The development is not subject to rejection in principal by this City unless a_ substantial change in it is proposed. This concept approval in no way excuses the applicant from complying with all applicable policies, ordinances, codes, and regulations of this City. Date: &' 2 ' 9 S PLANNING DEPARTMENT Attachments: JAMES D. HEWICKER, Director 67mrF 14cr4mIr MtNU'le5 NO MA%Je,_ CNft&c IlJ)-16025 NOTE: No building permit will be issued until approval illreceived from C.C.C. 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