HomeMy WebLinkAbout107 21ST PL_BLUE BEET RESTAURANT107 21 St PI
Planning Commission Meeting May 19, 1988
Discussion Item No.
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Appeal From Interpretation (Discussion)
3
Request to appeal staff's interpretation and calculation of "net
public area" as it has been applied to The Blue Beet Cafe.
LOCATION: Lot 18, Newport Tract, located at 107 - 21st Place, in McFadden
Square.
ZONE: SP-6 (Retail and Service Commercial)
APPELLANT: Sid Soffer
OWNER: Same as Appellant
Application
This is a request to appeal staff's interpretation and calculation of "net
public area" as it has been applied to The Blue Beet Cafe. Procedures for
appealing an interpretation by staff of a provision of the Municipal Code are
set forth under Section 20.85.010, which authorizes the Planning Commission to
hear and decide appeals based on the enforcement or interpretation of the
Zoning Ordinance.
Background
City records indicate that the original structure on this site was constructed
in 1914 and that a use permit was approved in 1960 which allowed the sale of
alcoholic beverages, live entertainment and dancing in an existing restaurant.
In March of 1986, the structure sustained severe fire damage. On August 18,
1986, a building permit was issued for purposes of repairing fire damage to the
shell of the building (985-86). On January 27, 1987, a second permit was
issued for the purpose of rebuilding the interior of the restaurant (1232-86).
Both of these permits were issued on the premise that the restored building
would contain no more "net public area" than originally existed, and a state-
ment from the City's Building Official that the dollar amount of the fire
damage did not exceed the limits specified under Section 20.83.060 of the
Municipal Code for requiring a use permit.
TO: Planning Commission - 2.
On November 26, 1986, the Planning Commission approved a request by the appel-
lant (Use Permit No. 3240), which would allow an additional 158 sq.ft. of "net
public area" to be added in the form of an outdoor second floor deck. The
approval was appealed to the City Council by the appellant and the use permit
subsequently was approved with revised conditions on December 8, 1986. With
respect to this last request, the appellant has not sought nor obtained Coastal
Commission approval, nor has the building been altered to accommodate outdoor
dining.
In processing the three permits noted above and in working at various times
with either the architect/tenant/contractor or appellant, no question has ever
been raised as to how the "net public area" was calculated, nor has the figure
of 1,618 sq.ft., which was used in the Planning Commission staff report of
November 6, 1986 and the City Council staff report of January 12, 1987, ever
been questioned.
In late February and early March of this year, the appellant contacted the
Planning Department in regards to finaling the building permits and obtaining a
Certificate of Occupancy. On March 4, 1988, the appellant was informed that
the Planning Department would not "sign off" on the permits inasmuch as the
interior of the restaurant had not been constructed in accordance with the
plans approved by the City. Specifically, a second floor office had been
converted to dining area, thereby increasing the "net public area" above 1,618
sq.ft. As a consequence, the appellant was given the choice of either restor-
ing the office space or otherwise adjusting the floor plan in such a way as not
to exceed 1,618 sq.ft. (see attached letter dated March 4, 1988).
Approximately two and one-half weeks later, on March 22, 1988, a meeting was
held in the Planning Department Conference Room. Those in attendance included
the appellant, representatives from the Planning Department, the City Attorney,
the City Engineer, and the Building Official. At that meeting the appellant
was asked to furnish the Planning Department with a fully dimensioned "as
built" plan so we could verify the actual amount of "net public area." The
appellant responded that he would not provide the City with the information we
had requested and that we would have to make arrangements to make our own
measurements. The appellant further stated that he had severed his relation-
ship with the architect, and that the plans which the City was relying on might
not be accurate and might have been drawn to show actually more "net public
area" than existed prior to the fire. In addition we also discussed the fact
that the appellant was now operating the restaurant without a Certificate of
Occupancy and without executing an Encroachment Agreement for Non-standard
Improvements, as had been directed by the City Council on March 14, 1988.
Between March 22 and April 7, 1988, arrangements were made by staff to make the
required field measurements and calculations. These calculations show that the
restaurant has a total of 1,779.3 sq.ft. of "net public area" which is 161.3
ft. more than the figure previously accepted"by the City. Consequently, the
appellant was notified by letter dated April 7, 1988, that he could either
reduce the "net public area" or obtain a use permit and a Coastal Development
Permit (see attached copy of letter dated April 7, 1988, with calculations).
On April 28, the appellant and I met in my office to discuss the issues invol-
ved. The meeting was very calm. Staff explained the definition of "net public
area, how it was calculated, and the changes in operational characteristics
of restaurants which require a use permit (see attached excerpts from the
TO: Planning Commission - 3.
Newport Beach Municipal Code). The appellant explained how he thought "net
public area" should be calculated, why certain additional areas should be
deleted without going through a use permit, why staff's application of the
regulation should not be applied to The Blue Beet Cafe, and that this matter
would have to be resolved by a third party. By letter dated April 28, 1988, I
have advised the appellant that this matter would be on the Planning Commission
agenda of May 19, 1988 (see attached copy of letter).
Analysis of Staff and Appellant Positions
Section 20.30.035 B.(4) defines "net public area" as the total area of the
restaurant, including patios, balconies, and any outdoor areas capable of being
used for the purpose of serving food or beverages; less the area devoted to
kitchens, restrooms, offices pertaining to the restaurant only, and less the
areas used for food and beverage service or storage areas. In addition, the
staff has historically deleted areas devoted to stairwells. Once the "net
public area" is defined, then the parking requirement is established, based on
a scale of one space per 30 sq.ft. down to one space per 50 sq.ft., based on
the restaurant's physical design, location and operational characteristics.
If staff understands the appellant's position correctly, he would have the
City, in addition to the areas noted above, delete all areas not physically
required to get in or out of a chair, booth or table, and any other area deemed
to be unusable because of various circulation, access and design constraints.
Once the "net public area" was determined, then the parking would be determined
on the basis of location and operational characteristics.
Suggested Action
Uphold staff's interpretation and application of the Municipal Code, and
instruct the appellant to take one of the following courses of action by June
9, 1988.
1. Reduce the "net public area" of The Blue Beet Cafe to the extent it
contains no more than 1,618 sq.ft. as determined by staff;
2. Appeal the Planning Commission's action in writing to the City
Council;
OR
3. File a complete use permit application with the Planning Commission
so as to allow the change in operational characteristics brought
about by the increase in "net public area." It should be noted that
this option requires a discretionary action which in turn will
require a Coastal Development Permit.
Further, direct the City Attorney to initiate whatever legal steps are required
to obtain compliance with the Municipal Code if one of the preceding courses of
action is not taken by the deadline noted above.
PLANNING DEPARTMENT
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CITY OF NEWPORT BEACH
P.O. BOX 1763, NEWPORT BEACH, CA 92658.8915
PLANNING DEPARTMENT
(714) 664-3200
March 4, 1988
Sid Soffer
900 Arbor Street
Costa Mesa, CA 92627
RE: 107,21st Place, Plan Check 1232-86
Dear 'Mr. Soffer:
In response to your request for Final Plan Check and issuance of a
Certificate of Occupancy, you are advised that the Planning Department can
only sign off on construction which has been performed in compliance with
the Building Permit designated as PC 1232-86. This plan shows a second
floor office with no exterior dining area. If it is your desire to either
eliminate the second floor office or otherwise make adjustments in the floor
plan, we can work with you to the extent that the net public area does not
exceed 1,618 sq.ft.
With respect to Use Permit No. 3240, approved by the City Council on January
12, 1987, a review of, our records indicate that an Approval in Concept,
Coastal Development Permit and Building Permits have not been obtained. The
plans approved by the City Council indicate that the office area on the
second floor was to be eliminated and the adjacent wall moved approximately
nine feet seven inches to the north so as to provide an outdoor dining area
of 158 sq.ft. and a total net public area of 1,776 sq.ft. If it is your
desire to proceed with the approval granted to you by the City Council, it
will be necessary for you to obtain the permits noted above and commence
remodeling of the premises on or before January 11, 1989. If for some
reason you desire to change this plan, please check with the Planning
Department first inasmuch as we are restricted under the terms of Use Permit
No. 3240 to plans which are in substantial conformance with the plans which
were approved by the City Council. Any plan not in substantial conformance
with Use Permit No.3240 will necessitate an amendment and a new public
hearing before the Planning commission.
Very truly yours,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By
J ier S. Nrcia
Associate Planner
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33no Nelmnort Anidownrrl Np,e,nnrr R-n,T,
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
PLANNING DEPARTMENT - (714) 644-3222
April 7, 1988
Mr. Sid Soffer
900 Arbor Street
Costa Mesa, California 92627
Re: Plan Check No. 1232-86 - 107 21st Place
Dear Mr. Soffer:
Pursuant to your request of March 22, 1988, personnel from the Planning Depart-
ment have visited The Blue Beet Cafe for the purpose of making and verifying
interior dimensions of the restaurant. We have now completed what we consider
to be a fair and accurate calculation of the "net public area" of the restau-
rant, based upon the definition set forth under Section 20.30.035 B(4) of the
Newport Beach Municipal Code.
According to our calculations the restaurant currently has 1,779.3 sq.ft. of
"net public area", which is the total interior area of the restaurant, exclu-
sive of the floor space used for food and beverage service and storage areas,
the kitchen, the office and stairs. In addition, this figure does not include
any outdoor areas which might be capable of being used for the purpose of serv-
ing food or beverage inasmuch as those areas already have been addressed under
a previously approved but unexercised use permit. A floor plan showing our
calculations is enclosed.
You are advised that this figure is 161.3 square feet greater than the figure
of 1618 sq.ft. of net public area which was provided the City at the time
permits were issued to allow reconstruction of the restaurant following the
fire. This expansion of net public area can be attributed to the fact that you
have failed to construct the tenant improvement, in accordance with the permit
and the plans which were approved by the City, which showed office space in an
area now used for dining.
Sections 20.72.010 D and 20.72.020 of the Municipal Code set forth operational
characteristics of restaurants which, if changed or increased, trigger a
requirement for a use permit. These sections would specifically require a use
permit prior to any increase in the net public area of The Blue Beet Cafe.
You are further advised that a use permit is a discretionary permit which would
also require approval by the State Coastal Commission.
3300 Newport Boulevard, Newport Beach
Mr. Sid Soffer
Page 2
April 7, 1988
Inasmuch as you are now operating The Blue Beet Cafe without a Certificate of
Occupancy, and without a coastal Permit, we feel it is important that the issue
of net public area be resolved as quickly as possible. One way to eliminate
the need for the use permit and a Coastal Permit would be to reduce the net
public area by 161.3 sq.ft. This could be accomplished by restoring a portion
of the office area. In any event, the ultimate choice is up to you.
we would appreciate being advised of your decision no later than Friday, April
16, 1988. If you have any questions or desire additional information you may
contact Bill Laycock at 644-3200.
Very truly yours,
tJAMES HEWICKER
ng Director
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Enclosure
cc: Bill Laycock
Jay Garcia
Bob Burnham
Ray Schuller
Don Webb
N
NET PUBLIC AREA 107 21ST PLACE
FIRST FLOOR 1122.7
TOP OF BAR 43.7
MEZZANINE 297.E
SECOND FLOOR 315.1
1779.3
\1
FIRST FLUOR
MEZZANINE / SECOND tLOOR
0
Page 69
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
(2) Office Buildings (except where portion is used as a medical
or dental office): One parking space for each 250 square
feet of net floor area, except as provided in Section
20.30.035 (C.).
(3) Wholesale and Industry: One parking space for each 2,000
square feet of gross floor area and one loading space for
each 10,000 square feet of gross floor area, but in no event
shall there be less than 10 parking spaces for each such
establishment.
Restaurants: One space for each 40 s are feet of net
nu c area. Net Public Area" shall be defined as the
i. The Physical Design characteristics of the restaurant.
(a) The portion of net public area designated for
dining, cocktails, or dancing.
(b) The number of tables or seats, and their
arrangement.
c) Other areas that should logically be
the determination of net public area.
(d) The parking lot design, including the use of small
car spaces, tandem, and valet parking.
(e) Availability of guest dock space for boats.
II. The location of the restaurant.
(a) In relation to other uses and the waterfront.
(b) Availability of off -site parking nearby.
(c) Amount of walk-in trade.
(d) Parking problems in the area at times of peak
demand.
n
Page 191
RESTAURANTS
Chapter 20.72
terrace that is integrated into the building design. For purposes of
Section 20.70.020 the term "restaurant" shall include "drive-in,"
"take-out" and "outdoor" restaurants.
The term "
1. Any substantial increase in the hours a restaurant is open
for business (hours of operation) or an extension of the
hours of operation past 12:30 a.m. if the restaurant is
within 200 feet of a residential zone. An increase in hours
of operation is deemed substantial if, given the proximity
of the restaurant or related parking facilities to a
residential zone, the increase has the potential to cause,
or make worse, noise or traffic congestion in the
neighborhood;
2. The introduction of live entertainment or dancing, or a
significant change in the character of the live
entertainment;
3. The introduction of the sale of alcoholic beverages;
4. Any significant increase in the size of the area principally
devoted to the sale of alcoholic beverages;
5. A loss of on -site or off -site parking spaces for a period of
ninety (90) days or more, which would reduce available
parking below the number then required by the provisions of
this title or*the Use Permit applicable to the restaurant;
6. The introduction of valet, tandem, or compact parking
spaces; and
20.72.020 USE PERMIT REQUIRED. A. Drive-in and take-out
restaurants, outdoor restaurants, and restaurants may be permitted in
all zoning districts designated for such uses, and in any Planned
Community Districts or Specific Plan Areas designated for said uses,
subject to the securing of a use permit in each case.
COPY
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
PLANNING DEPARTMENT - (714) 644-3222
April 26, 1988
Mr. Sid Soffer
900 Arbor Street
Costa Mesa, California 92627
Re: The Blue Beet Cafe - 107 21st Place, Newport Beach
Dear Mr. Soffer:
Thank you for taking time from your busy schedule to meet with me in my
office this past Tuesday afternoon, April 26, 1988. If nothing else was
accomplished, I believe we both know and understand each other's position
with respect to the calculation and application of net public area.
Section 20.85.010 of the Newport Beach Municipal Code authorizes the
Planning Commission to hear and decide appeals based on the enforcement
or interpretation of the provisions of the zoning ordinance. Inasmuch as
you do not agree with the staff's interpretation or calculation of "net
public area" as it has been applied to The Blue Beet Cafe, and inasmuch
as you are operating your business without a Certificate of Occupancy,
Non -Standard Improvement Agreement, Use Permit or Coastal Development
Permit, I believe this matter should be resolved as quickly as possible.
I am therefore asking, by copy of this letter, that the Planning Commis-
sion schedule this matter for its May 19, 1988 agenda.
Staff reports for the May 19th meeting will be distributed to the
Planning Commission on Friday, May 13, 1988.
If you have any questions or desire additional information, you may
contact Bill Laycock at 644-3200.
very truly yours,
J D. HEWICKER JDH/kk
nning Director JDHS
CC: Planning Commission
City Attorney Burnham
Building Director Schuller
City Engineer Webb
Current Planning Manager Laycock
Associate Planner Garcia
3300 Newport Boulevard, Newport Beach
MEZZANINE / SECOND FLOOR
V11, W(, z
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DAR
dh
1122.7
NET PUBLIC AREA 107 21ST PLACE
FIRST FLOOR 1122.7
Top OF BAR 43.7
MEZZANINE 297.E
SECOND FLOOR 315.1
1779.3
KiTC,Na,I
VINiNC, 1
FIRST FLOOR
S-I,-
-F o o l-
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02 ild-Floor
M"
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WIEZZANINE / SECOND FLOOR
pN6JG z
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eal 11 1, -4mm
PAR u Krrr- iJ,1
1122.7 ¢
rnNiNc, 1 �
NET PUBLIC AREA 107 21ST PLACE
FIRST FLOOR 1122.7
TOP OF BAR 43.7
MEZZANINE 297.8
SECOND FLOOR 315.1
1779.3
FIRST FLOOR
Plan Check No. 9
COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS
3AV%GT7 GwUiA
By: bras}=-44344ams, Associate Planner
Telephone (714) 644-3200
Date: 1-$(o Address: CO 2I%
%-2T
Corrections Required:
Legal Description: Lott i� Block 21 Section Tract jj.,8.
Resubdivision required to combine lots or portions of lots when
construction or alterations are in excess of $5,000.
Lot Size 25.83 X 93.75'
Zone �✓' 1 -CO ( c'—w-eg Ul 1
Proposed Use
Required Setbacks:
Front
Rear
Right Side
Left Side
Structural Area:
Buildable Area
Permitted Area
Proposed Area SAR6.0
Provide tissue overlay of calculations to verify provided square
footage.
Required Parking
Proposed parking (Indicate number of stalls provided)
Total On -Site Parking
Standard Compact
In -lieu Parking
Dimension building height as measured from natural grade to
average and maximum roof height
Show natural grade line on all elevations
Show all rooftop mechanical equipment and dimension from grade
directly below.
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 52r_ d' 14
525 333.gn
`3� u, :- Ri o --
San Joaquin Hills Transportation Corridor Fee
(OVER)
f
SPECIAL APPROVAL REQUIRED THROUGH:
Modifications Committee
Planning Commission:
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
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 of the applicant to circulate their plans and
obtain the necessary approvals from the departments checked above. If you
have questions regarding your application, please contact me at (714)
644-3200.
a��6.a (a7111� r11L1 C
NU OL-Y Iti(-gCn-SC
3u 3 or Vx1alfIv"
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mirtieth
street
architects
inc.
May 21, 1986
ELLIEUM CAFE
AMA/USE SUMMARY 16r k
-r TA4, 5
Prior to Fire 1st Fir. 2nd Flr.
Total Gross for Area
2,266
1,176
3,442
Net Public Area
1,547
-0-
1,547
Proposed
Total Gross for Area
2,266
981
3,247
Net Public Area
1,269
278
1,547
* The owner and Tenant would like to reserve the right to add to the gross
floor area (non-public space) in the future, up to the total area existing
prior to the tire.
architecture historical rehabilitation planning
2821 newport blvd, newport beach, california 92663 (714) 673-2643
project:
date: le� A051Ig&
Sheet I of 1
,,I-LrY
PLOT PLAN
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Ivr g.
C)Awl
thirtieth
street
architects
inc.
MI newportblyd. ne«portbeack
alitomil9m (714) 6712643
1.
2.
3.
4.
I hereby
:here are i sheets attached to and made a part of this
icationications certify that the fore oin statements, maps, draws s, plans and
attach-
ed hereto are true and correct. It granted this Use Permit will not adversely affect
persons residing or working in the neighborhood. I further consent to any permit
issue in rclianc� th r�on�being null and void in the event they are not true and
Corr ' )
as
POR DEPARTMENTAL USE ONLY PLANNING COMMI6SION ACTION
In accord with Section_ __
A Use Permit is hereby the above
Applicant subject tv requirements of all governmental agencies having jurisdiction and
subject to thr following:
reby agrees to a
Signature of Grantee
........... -... ---- --
Upan a review of the evidence on file and tcatiswny
FINDINGS OF PLANNING CGDflfISSION:
a
Sion
,und and determined that the granting of this use patait
and
rcumstances of the case, be detrimental to the
GRANTED- By City Planning Commission
-_oy—the 21 day of April 19 60
Drawd A t
,{ Sec re
Newnorr Deach City Plan in6 Commission
to
or
GRANTED- By the City Council on the
19
day of _
'arms.
"it--�'QI
16 , .
f
*.GAai'M. NOT EFFECTIVE
WTIL 15 DAYS AFTER DATE
`r F11-10, FEE 115vo
fiC�T��,
Cl CF NiilP��'_lY��
INgZ*OCTIONS: (lead Carefully) The Applicant or his legal SWO"Stetiw suet Fo
present at all public hearings, Fill out this applicatiem toplsplp. It I"
be accoopanied by four copies of A plot plan to scale, a" with eorrest
dimensions, showing in detail all boundaries, existimf buildin5e6 ptoposad
alterations and additions, The Applicant must sign conditione Of go* Fersnit,
if any, within thirty days after granting. Application $hall be re"WW if
not used within eighteen months from date of approval,
9io c" L i _
Application is hereby made for a Use Permit from Section to permit:/
There are_sheets attached to and made a part of this Application.
ationaeattach-
certify that the foregoing statements, maps, drawings, plans andspecifi
ed hereto are true and correct. If granted this Use Permit will not adversely affect
persons residing or working in the neighborhood. I further consent to any permit
issue in reliance�th?7�onlbeing null and void in the event/they are not true and
orr
Home Addrena Phone
nY KDD1iCIInt
PLANNING COF4IISSION ACTIOB
TOR DEPARTMENTAL USE ONLY Use Permit is hereby the above
In accord with Section
Applicant subject to requirements of all governmental agencies having jurisdiction and
subject to the following:
agrees
Signature of Grantee w.�w
FINDINGS OF PLANNING CL�IISSION: Upon a review of the evidence on film and testimony
the granting of this use permit
found and determined that
t
L
of the me
case. be detrintal t0 the heahth,
c-�
I
0
PLANUM
City Manager
planning Director
Blue Beat - Council Inquiry
P
Jaly, 2.46 1963
The planning Commissian approved the rile of aleobolic bsverageso
antertainasnt and donoitg at the Blue Best at a eretias on
April 20. 1960. (Use permit Mo. 611.)
No eoaditions were attached and no ties licit for review by the
Commission was established.
This setter would not co:se before the Coawiaston anisaJ the aee
were discontinued for 6 months or longer.
J. N. DWONT
planning Director
JWD:CCZ:hh
A Certificate.'of Occupancy can be issued for the project based on the
approved plans for construction (PC 1232-86). However, this plan shows a
second floor..occupied by office and no exterior dining deck; the Certificate
of Occupancy will be issued and specifically delineate dining areas. Should
you wish to occupy the 2nd floor office with dining, then floor plans should
be revised and submitted by separate permit with square footage calculations
for net public area not to exceed 1,618 sq.ft. excluding any exterior dining
area.
You are also advised that subsequent to approval of Use Permit No. 3240, a
building permit for approved changes was not submitted or approved. Also as
a consequence of discretionary approval required for expansion of dining in
an existing restaurant, a Coastal Permit is also required. You must submit
for Approval in Concept and obtain Coastal Commission approval prior to
issuance of a building permit for expansion.
Should you wish to occupy the exterior 2nd floor deck for dining and the
inner office area remain, then you would not be in substantial conformance
with approved plans by Use Permit No. 3240. Therefore, an amendment and
public hearing would be required prior to issuance of an Approval in Concept
for Coastal Commission approval and before a building permit can be issued.
Any changes to the approved plans for additional interior dining in excess
of 1,618 sq.ft, and/or exterior dining in excess of 158 sq.ft. will require
an amendment to Use Permit No. 3240.
Very truly yours,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By
Javier S. Garcia
Associate Planner
JSG:11
PLANNING DEPARTMENT
(714) 664-3200
March 4, 1988
Sid Soffer
900 Arbor Street
Costa Mesa, CA 92627
RE: 107 21st Place, Plan Check 1232-86
Dear Mr. Soffer:
In response to your request for Final Plan Check and issuance of a
Certificate of Occupancy, you are advised that the Planning Department can
only sign off on construction which has been performed in compliance with
the Building Permit designated as PC 1232-86. This plan shows a second
floor office with no exterior dining area. If it is your desire to either
eliminate the second floor office or otherwise make adjustments in the floor
plan, we can work with you to the extent that the net public area does not
exceed 1,618 sq.ft.
With respect to Use Permit No. 3240, approved by the City Council on January
12, 1987, a review of our records indicate that an Approval in Concept
Coastal Development ,Permit and Building Permits have not been obtained. ! kie
plans approved byA�Gi'ty Council indicate that the office area on the sea nd
floor was to be eliminated and the adjacent wall moved approximately nine
feet seven inches to the north so as to provide an outdoor dining area of
158 sq.ft, and a total net public area of 1,776 sq.ft. If it is your desire
to proceed with the approval granted to you by the City Council, it will be
necessary for you to obtain the permits noted above and commence remodeling
of the premises on or before January 11, 1989. If for some reason you
desire to change this plan, please check with the Planning Department first
inasmuch as we are restricted under the terms of Use Permit No. 3240 to
plans which are in substantial conformance with the plans which were
approved by the City Council. Any plan not in substantial conformance with
Use Permit No.3240 will necessitate an amendment and a new hearing before
the Planning commission. � o•
Very truly yours, �e•
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By
Javier S. Garcia
Associate Planner
JSG:11
V, - l
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
PLANNING DEPARTMENT - (714) 644-3222
April 7, 1988
Mr. Sid Soffer
900 Arbor Street
Costa Mesa, California 92627
Re: Plan Check No. 1232-86 - 107 21st Place
Dear Mr. Soffer:
Pursuant to your request of March 22, 1988, personnel from the Planning Depart-
ment have visited The Blue Beet Cafe for the purpose of making and verifying
interior dimensions of the restaurant. We have now completed what we consider
to be a fair and accurate calculation of the "net public area" of the restau-
rant, based upon the definition set forth under Section 20.30.035 B(4) of the
Newport Beach Municipal Code.
According to our calculations the restaurant currently has 1,779.3 sq.ft. of
"net public area", which is the total interior area of the restaurant, exclu-
sive of the floor space used for food and beverage service and storage areas,
the kitchen, the office and stairs. In addition, this figure does not include
any outdoor areas which might be capable of being used for the purpose of serv-
ing food or beverage inasmuch as those areas already have been addressed under
a previously approved but unexercised use permit. A floor plan showing our
calculations is enclosed.
You are advised that this figure is 161.3 square feet greater than the figure
of 1618 sq.ft. of net public area which was provided the City at the time
permits were issued to allow reconstruction of the restaurant following the
fire. This expansion of net public area can be attributed to the fact that you
have failed to construct the tenant improvement, in accordance with the permit
and the plans which were approved by the City, which showed office space in an
area now used for dining.
Sections 20.72.010 D and 20.72.020 of the Municipal Code set forth operational
characteristics of restaurants which, if changed or increased, trigger a
requirement for a use permit. These sections would specifically require a use
permit prior to any increase in the net public area of The Blue Beet Cafe.
You are further advised that a use permit is a discretionary permit which would
also require approval by the State Coastal Commission.
3300 Newport Boulevard, Newport Beach
Mr. Sid Soffer
Page 2
April 7, 1988
Inasmuch as you are now operating The Blue Beet Cafe without a Certificate of
Occupancy, and without a Coastal Permit, we feel it is important that the issue
of net public area be resolved as quickly as possible. One way to eliminate
the need for the use permit and a Coastal Permit would be to reduce the net
public area by 161.3 sq.ft. This could be accomplished by restoring a portion
of the office area. In any event, the ultimate choice is up to you.
We would appreciate being advised of your decision no later than Friday, April
16, 1988. If you have any questions or desire additional information you may
contact Bill Laycock at 644-3200.
Very truly yours,
tJAMES HEWICKER
ng Director
JDH/kk
JDH8
Enclosure
CC: Bill Laycock
B3B-- �rnham----
Ray Schuller
Don Webb
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1122.7
NET PUBLIC AREA 107 21ST PLACE
FIRST FLOOR 1122.7
TOP OF BAR 43.7
MEZZANINE 297.8
SECOND FLOOR 315.1
1779.3
Ki7cllq•l
FIRST FLOOR
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s-roFvti��r1
s�RAUElVZ
MEZZANINE
297.8 el
SECOND FLOOR
315.141
SAIT.
ROF:
MEZZANINE / SECOND FLOOR
SPECIAL APPROVAL REQUIRED THROUGH:
Modifications Committee
Planning Commission:
1Qs,�j Use Permits
W 7ariance
Resubdivision - Tract
Site Plan Review
Amendment
Other -
;"LyeAsG tx+ hW6)IC. 0t-ea.
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
1 Coastal Development Permits:
Nf�u Approval in Concept 12E4ow-ev "D wTL-Nrt" USE
---(� (Note: File 3 sets of plans: plot plan, floor plan, elevations).
Coastal Development Permit No.
Waiver/Exemption
NOTE: It is the responsibility of the applicant to circulate their plans and
obtain the necessary approvals from the departments checked above. If you
have questions regarding your application, please contact me at (714)
644-3200.
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Plan Check No. 123 L -m,
COMMERCIAL/INDUSTRIAL ZONING COPRECTIONS
Associate Planner
Telephone (714) 644-3200
Uate: 9 - :3 -,M. Address: (d7 2- -,
Corrections Required:
Legal Description: Lot 1$ Block 7_I Section Tract f .o
Resubdivision required to combine lots or portions of lots when
construction or alterations are in excess of $5,000.
Lot Size 15•33 K 13."1r
Zone Zt, 4, LCL.HL..I 0 116.je M, i-e t&G ` .vjR r+
Proposed Use (L4j-9k1Arn,.j_
Required Setbacks:
Front
Rear
Right Side
Left Side
Structural Area:
Buildable Area
Permitted Area
Proposed Area iq.q;
rovide tissue overlay of calculations to verify provided square
footage. Nt,r ( 11S, AL ftVLA�_u ctk*N(ju tp rx: Fi-e-"u, rf ttti}r1
,Vr1 m co IWYL
Required Parking
Proposed parking (Indicate number of stalls provided)
Total On -Site Parking
Standard r Compact
In -lieu Parking
Dimension building height as measured from natural grade to
average and maximum roof height
Show natural grade line on all elevations
Show all rooftop mechanical equipment and dimension from grade
directly below.
Indicate location of trash containers on site plan.
Number of stories
Floor Plan fully dimensioned showing all room uses.
Plot Plan fully dimensioned showing location of all buildings,
fences, etc. in relation to the property line.
lair Share Contribution Lo►1e&W on
40
All�x�rn.it 9,45-Ry ra7 5 )e
San Joaquin Hills Transportation Corridor Fee
LIM
ITABULATIONS
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GROSS FLOOR AREA 2266 SQ. FT. F 6 g"`R u„
NET PUBLIC AREA'' '1269 SQ. FT.
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