HomeMy WebLinkAbout3201 E COAST HWY_BANDERA RESTAURANT11111111111111111111111111 III III lill
*NEW FILE*
3201 E Coast Hwy
0 -
PLAN CHECK CORRECTIONS
BANDARA RESTAURANT
PLAN CHECK #1755-95
3201 E. COAST HIGHWAY
4/8/96
1. Provide a tissue overlay of "net public area".
2. Note Sheet A-O for Traffic Engineers Notes
3. Letter of compliance for the following conditions: 16, 17, 21, 23, & 24,.
4. Condition No. 20 requires that a letter submitted from the electrical engineer, stating that
this condition has been complied with in the design of the lighting.
5. The Landscape Plan on sheet L-3 should be routed to Public Works and Marci Lomeli in
General Services for review and signature.
6. Condition Survey of the existing Retaining Wall (Condition #30) or letter.
Signatures Required:
1.
Public Works
2.
Building Dept.
3.
Fire Dept.
4.
General Services
5.
Traffic Engineer
6.
Planning Dept.
Genia Garcia, Associate Planner
i
KEN OKAMOTO & ASSOCIATES, INC.
STRUCTURAL ENGINEERS
MARCH 6, 1996
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
RE: EXISTING RETAINING WALL
AT BANDERA RESTAURANT
CORONA DEL MAR, CA
DEAR SIR OR MADAM:
OUR VISUAL OBSERVATION OF THE ABOVE RETAINING WALL INDICATES NO SIGNIFICANT
SIGN OF ANY STRUCTURAL DISTRESS. THE PORTION OF THE RETAINING WALL CLOSE TO
THE BUILDING STRUCTURE WILL BE DEMOLISHED AND RE -BUILT AS SHOWN ON THE PLANS.
TO THE BEST OF OUR KNOWLEDGE, THE RETAINING WALL IS IN A SATISFACTORY
CONDITION. HOWEVER, THE EXISTING RETAINING HEIGHT MUST REMAIN AS IS.
IF YOU HAVE ANY QUESTIONS, PLEASE'CALL OUR OFFICE.
SINCER LY,
KEN OKA O O, S.E.
KORk
14081 YORBA STREET, SUITE 105
As
OMMISSION\ERS
10
CITY OF NEWPORT BEACH
MINUTES
AlIM1 } 10. 1995
ROLL
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2. That adequate on -site parking is available for the existing and proposed
uses.
3. That the proposed development will not have any significant
environmental impact.
4. That the design of the proposed improvements will not conflict with
any easements acquired by the public at large for access through or use
of property within the proposed development.
5. That public improvements may be required of a developer per Section
20.80.060 of the Municipal Code.
6. That the waiver of development standards as they pertain to walls
surrounding the restaurant site and a portion of the required off-street
parking (43 spaces), will not be detrimental to surrounding properties.
7. That adequate provision for vehicular traffic circulation is being made
for the restaurant facility.
8. The approval of Use Permit No. 3564 will not, under the
circumstances of the case be detrimental to the health, safety, peace,
morals, comfort and general welfare of persons residing or working in
the neighborhood or be detrimental or injurious to property or
improvements in the neighborhood or the general welfare of the City
and further that the proposed modification related to the proposed
signing is consistent with the legislative intent of Title 20 of this Code.
Conditions:
1. That development shall be in substantial conformance with the
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approved site plan, floor plan and elevations, except as noted below.
2. That a minimum of 24 parking spaces shall be provided on -site.
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CITY OF NEWPORT BEACH
ROLL
CALL
Au st lU 1995
INDEX
3. That the development standard pertaining to a portion of the required
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parking (43 spaces) and walls shall be waived.
4. That all signs shall conform to the provisions of Chapter 20.06 of the
Municipal Code.
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5. That grease interceptors shall be installed ow all fixtures in the
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restaurant where grease may be introduced into the drainage systems,
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unless otherwise approved by the Building Department and the Public
Works Department.
6. That kitchen exhaust fans shall be designed to control smoke and odor
to the satisfaction of the Building Department.
7. That the proposed restaurant facility and related parking structure shall
conform to the requirements of the Uniform Building Code.
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8. That the project shall comply with State Disabled Access requirements.
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9. That all improvements be constructed as required by Ordinance and the
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Public Works Department.
10. That arrangements be made with the Public Works Department in
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order to guarantee satisfactory completion of the public
improvements, if it is desired to record a parcel map or obtain a
building permit prior to completion of the public improvements.
11. That the existing sewer lateral be inspected by the Utilities Division
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and be brought up to current standards prior to occupancy of the
restaurant if it does not presently conform to current standards.
12. That the intersection of the private East Coast highway and the
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private drive be designed to provide sight distance for a speed of 45
miles per hour. Slopes, landscape, walls and other obstruction shallA////A
be considered in the sight distance requirements. Landscaping
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within the sight line shall not exceed twenty-four inches in height.
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CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
^ u st 10 1995
INDEX
13. That unused driveways be removed and replaced with curb, cutter
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and sidewalk; that deteriorated and displaced sections of sidewalk
be
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reconstructed along the East Coast Highway frontage; and that
the large bushes along the Larkspur Avenue parkway be removed in
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order to provide site distance from th6 adjacent driveway. That all
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work along the East Coast Highway frontage .be completed under
an encroachment permit issued by the California Department of
Transportation and that all work along the Larkspur Avenue
frontage be completed under an encroachment permit issued by the
Public Works Department.
14. Disruption caused by construction work along roadways and by
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movement of construction vehicles shall be minimized by proper
use of traffic control equipment and flagmen. Traffic control and
transportation of equipment and materials shall be conducted in
accordance with state and local requirements. There shall be no
construction storage or delivery of materials within the East Coast
Highway right-of-way.
15. That the on -site parking, vehicular circulation and pedestrian
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circulation systems to subject to further review by the City Traffic
Engineer.
16. That a valet operations plan shall be prohibited unless an amendment to
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this use permit is approved by the Planning Commission.
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17. That all employees shall park on -site.
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18. That the hours of operation shall be limited between 4:00 p.m. and
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12:00 midnight, daily.
19. That all trash areas shall be screened from adjoining properties and
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streets.
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CITY OF NEWPORT .BEACH
MINUTES
Anmtet 10 1991;
ROLL
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20. That the project shall be designed to eliminate light and glare spillage
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MINUTES
�yO'>�'F CITY OF NEWPORT BEACH
ROLL
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26. That the Planning Commission may, add to or modify conditions of
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to this Use Permit or recommend to the City Council the
revocation of this Use Permit, upon a determination that the operation
which is the subject of this Use Permit, causes injury, or is detrimental
to the health, safety, peace, morals, comfort, or general welfare of the
community.
27. That this Use Permit shall expire unless exercised within 24 months
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from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
28. That the curb cut at the entry drive at East Coast Highway shall be
redesigned and replaced n accordance with City Standards 166-L,
by the Public Works Department.
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unless otherwise approved
29. That landscaping shall be provided in accordance with Chapter 20.72
and further that particular attention for landscaping be provided on
East Coast Highway and Marguerite Avenue frontages of the subject
property, to minimize the visual impact of the parking lot area. That a
landscape be approved to the satisfaction of the Planning
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plan shall
Department and the Public Works Department for visual treatment as
well as sight distance.
30. That a condition survey of the existing retaining wall be conducted to
determine the structural integrity and that the recommendations of that
study shall be incorporated into the construction plans for the facility to
the satisfaction of the Building Department and the Public Works
Department. That the wall shall be architecturally treated, regardless of
the structural recommendations of the condition study, to the
satisfaction of the Planning Director.
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DATE: April 8, 1996
MEMO TO FILE
SUBJECT: Bandara Restaurant
USE PERMIT NO. 3564 AND SITE PLAN REVIEW #73
PLAN CHECK #1755-95
FROM: Genia Garcia, Associate Planner
Upon reviewing the plans for construction while in the plan review stage, the parking plan showed
a total of 23 full parking spaces instead of 24, as the applicant has one parking space that is
partially located on the subject property and the Municipal Lot to make up the 24th parking
space.. As a result of reconfiguring the handicapped spaces to the Traffic Engineers
requirements, the applicant lost a space along the retaining wall. After review with Janet Divan
and Rich Edmonston of the Traffic and Engineering' Department, it was felt that the parking was
in substantial compliance with the approved Use Permit and Site Plan Review.
11�
To: Building Department No Activity:
In Plan Check.
From. Planning Departmen Active Bldg Permit:
Public Works Notified:
Re: Hold on Building Permit Final / Plan Checker Notified:
Address 2 ! lan Check No.
Planning Department Comments PR TO TO RELEASE Of Building Permit Final:
[ ] Park Dedication Fee in the Amount of $ is DUE.
[ ] Fairshare Fee in the Amount of $ is DUE.
[ ] S.J.H.T.C. Fee in the Amount of $ is DUE.
[ j Coastal Commission Approval of'Resubdivision Must Be Obtained.
[ ] Parcel Map Recordation: Resubdivision No. Record date
[ ] Use Permit Conditions of Approval: Use Permit No.
Condition(s) No.
[ ] After recordation of the map a building permit change must be processed with
the Building and Planning Departments, PRIOR TO FINAL OF THE
BUILDING PERMIT, to change the description of the permit to reflect
condominium construction, the fee is nominal and payable at the time of the
change. Proof of payment of the above mentioned fees may be required at
that time if not collected at issuance Hof• the original building or grading
permits.
Other:
[ ] Other
Units Demolished Units Built
B to �� 0 ,�
Pl. g Department
CC: Code Enforcement
Plan Checker F:\WP50\JAX\MEM\BP-HOLD.MEM rev 4-5-90
November 3, 1995
TO: BUILDING DEPARTMENT
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: Bandera Restaurant
3201 East Coast Highway
P/C 1755G-95
Prior to final inspection and issuance of an Occupancy Permit for
the Bandera Restaurant, please check with the Public Works
Department to verify that the owner has reconstructed public
sidewalk along the East Coast Highway and Larkspur Avenue frontages
as required with the approval of Use Permit No. 3564.
If you have any questions, please feel free to call me at extension
3311.
Richard L. Hoffstadt
Development/Subdivision Engineer
r cc: Genia Garcia, Planning Department
letters.mie\bmdera.bld
COMMVEAL/INDUSTRIAL ZONING CORRECTA
P
Telephone: (714) 644-3200 Plan Check No:
Genia Garcia, Associate Planne By:Christy Teague, Associate Planner
By:Marc Myers, Associate Planner By:
Date: � ��Address:
Districting Map No. Description of Project: 64,
Zone\General Plan Land rUsee /� SC_/ Proposed Use
Corrections Required: PA&t� / _� )%.,' /o7��d �55�
Legal Description: Lot Block Section T ct
Resubdivision required to combine lots or portions of lots whe on
or alterations are in excess of $20,480.
Covenant required. Please have owner's signature notarized on the attached
document and return to me.
Lot Size/Tenant Sq. Footage
Required Setbacks
Front
Side
Side
�. Lot area (site area sq.ft.): ��%, CO !� :O sq.ft.
Base Development Allocation (BDA): comet sq.ft.
[0.5 x site area sq.ft., unless otherwise specified in Land Use Element]
FAR permitted, with/without variance: (A) comm res pkg
Square footage permitted: comm res pkg sq.ft.
[(A) x site area sq.ft.]
PROPOSED DEVELOPMENT:
(C) Base FAR use sq.ft. Sq.ft.
(D) Reduced FAR use sq.ft. sq.ft.
(E) Maximum FAR use sq.ft. sq.ft.
(F) TOTAL SQ.FT. [C+D+E] sq.ft.
PROPOSED FAR: [ F + site area sq.ft. ]
PROPOSED WEIGHTED DEVELOPMENT:
FAR Use Category Weighting Factor Weighted Sq.ft.
(G) (H) ( G x H )
sq.ft. Base x 1.00 sq.ft.
sq.ft. Reduced x 1.67 sq.ft.
sq.ft. Maximum x 0.50 sq.ft.
TOTAL WEIGHTED SQ.FT.(May not exceed BDA)
_5K_ [c ARex
Provide tissue overlay of calculations to verify provided square footage.
a Parking (Indicate number of stalls provided) J/
Total On -Site Parking Required_Provided
Dimension building height as measu �r�d from natural grade to midpoint and
n , maximum ridge roof height
Show natural grade line on all elevations
Show all rooftop mechanical equipment and dimension from grade directly below.
location of trash containers on site plan.
0
Floor Plan fully dimensioned showing all room uses.
7 _ Plot Plan fully dimensioned showing location of all buildings,
relation to the property line.
Fair Share Contribution _
A
SPECIAL APPROVAL REQUIRED THROUGH:
Corridor Fee
fences, etc. in
Please indicate any discretionary approval numbers on the plans and
incorporate the attached; excerpt of minutes and
list of findings and conditions into the blueline-drawings
approval letter into the blueline drawings
Modifications Committee: Indicate Approval No. on Bluelines
Modification required for
Planning Commission/City
Council:
Use Permit:
No.
Variance:
No.
Resubdivision/Tract:
No.
Site Plan Review:
No.
Amendment:
No.
Other
_
Public Works: \
Easement/Encroachment Permit
Subdivision Engineer
Traffic Engineer ` J/�
Approval of Landscape Plans G ,G l Lo2/.�..5% 6t4-1 G1u
�:
Building Department: `
Grading Engineer
Approval of Landscape Plans
Coastal Development Permits:
Approval In Concept (AIC) No.
(Note: File 3 sets of plans: site, floor, and elevations)
Coastal Development Permit: No,
Effective Date:
Waiver/Exemption: No.
Effective date:
�L�Ji/��r!��'�1��!LI...:'Li�/,+�IL!�.v�///t7.
j KI /ate//J � �/ �
NOTE: It is the responsibilit
obtain the necessary approvals
have questions regarding your
3200.
t of the applicant to circulate his plans and
from the departments checked above. If you
application, please contact me at (714) 644-
PO9N5\COM-LON.COR
Ray. 7/95
ANALYSIS SUMMARY
Use Permit No. 3564:
Comparison of Proposed and Previous Operation
Proposed Operation
Bandem estauratlt
Previops'OperAort
Use Permit No; 3103 and Use .
i'erro%t No. 3103 Ataettded
Hours:
5:00 p.m. to 10:30 p.m.,
Sunday through Thursday
Permitted
9:00 a.m, to 1:00 a.m., daily
5:00 p.m: to 12:00 midnight,
Friday and Saturday
Gross Bldg Area (sq.ft.)
5,867
6,851
Net Public Area:
interior (sq.ft.)
2,670
3,190
exterior (sq.ft.)
Zero
Zero
21670
31190
TOTAL (sq.ft.)
reduction of 520 sq.ft.
Valet Parking Service
NO
YES
Parking Provided:
on -site
24 spaces
22 spaces
8 tandem spaces
off -site
ZEROZ
ZERO'
24
30
TOTAL
Required Parking
Range:
54-89 spaces •
64-107 spaces
(number to be waived)
@ 1150 sq.ft. npa
54 spaces (waive 30
67 spaces (waive 43)
@ 1140 sq.ft. npa
80 spaces (waived 52)
@ 1/30 sq.ft. npa
89 spaces (waive 65)
Live Entertainment
NO
YES
Dancing
NO
NO
The proposed 5,867 sq.ft. restaurant facility will replace the existing facility which is to be demolished
which contains a gross square footage of approximately 6,851 sq.ft. (a reduction of 984 sq.ft.). The
No formal off -site parking agreement has been proposed by the applicant.
No Formal off -site parking agreement currently exists on the any neighboring or nearby property.
Use Permit No. 3564 and Site Plan Review No. 73
August 10, 1995
Page
reduction in the net public area by 502 sq.ft. will also result in a reduction in the parking demand, As
shown above the application of the parking requirement of one space for each 40 sq.ft. of "net public
area" results in a reduction in the number of required parking and the number of parking spaces to be
waived. Staff is of the opinion that the continued waiver of a portion of the number of parking spaces
is appropriate in this case given the change in the type of restaurant facility proposed, which is
eliminating the use of live entertainment.
Restaurant Development Standards
Chapter 20.72 of the Municipal Code contains development standards for restaurants, as outlined
below, to ensure that any proposed development will be compatible with adjoining properties and
streets. Said development standards include specific requirements for building setbacks, parking and
traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signage,
underground utilities, and storage. Section 20,72.130 of the Municipal Code states that any of the
above mentioned development standards for restaurants may be modified or waived if such
modification or waiver will achieve substantially the same results and will in no way be more
detrimental to adjacent properties or improvements than will the strict compliance with the standards.
Since the proposed structure is new, all the development standards would apply to the new
construction.
Development Standards
rRorC�s13D
Rkrf�UkRiyMENT
Setbacks
Complies with RSC District
Zero setbacks all the way
Standards
around per RSC District
Develo ment Standards
Parking and tragic control
Waiver of a portion of the
Parking, curb cuts and
number of required parking,
Circulation
Complies with regmts for
curb cuts and circulation.
Walls (mirrounding the restaurant
Waiver of the requirement
6 foot high surrounding the
site)
of the 6 ft. high wall (see
entire property
attached Plans
Lcnrdscaping
Complies, Project will
10% of entire site, etc
comply with the minimum
10%
Lighting
Complies, Lighting will
Parking lot illumination only,
Comply with the standards
height and intensity
Signing
Complies, Signs will
Compliance with 20.06 of
Comply with 20.06 of the
the Municipal Code (the
Municipal Code the Sign
Sign Code)
Code.
11 tdergrormd utilities
Complies, Utilities are
all utilities to required to be
undergrounded
I undergrounded
Use Permit No.3564 and Site Plan Review No. 73
August 10,1995
Page4
4
Storage
Complies, Supplies will be
Supplies and Refuse storage
stored inside the structure
hidden from view
and the refuse containers will
be enclosed and hidden from
view
As shown in the table above, the applicant requests a waiver of the development standards as they
apply to Walls and Parking. Staff is of the opinion that the on -site development standards as they apply
to walls and a portion of the required parking should be waived if the Planning Commission approves
this application, due to the existing physical characteristics of the site.
Walls
The addition of walls surrounding the site would impact traffic circulation and ingress/egress from the
adjacent Municipal Parking lot.
Required Off -Street Parkin
The number of parking spaces has been maximized on the site, although the loss of valet parking
service will result in a net loss of 6 parking spaces on -site (30 spaces to 24 spaces). However, the
reduction in the size of the restaurant and the change from a facility which provided live entertainment,
justify the waiver of a portion of the required parking, which is being reduced from 53 spaces waived
to 30 spaces waived.
Site Plan Review No. 73:
Specific Standards for Development for "Specific Area Plan Areas - Site Plan Review' are discussed in
the Analysis Section of this report in the attached Appendix "A".
Specific Findings and Recommendations
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use
permit, the Planning Commission shall find that the establishment, maintenance or operation of the use
or building applied for will not, under the circumstances of the particular case, be detrimental to the
health, safety, peace, morals, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Should the Planning Commission wish to approve Use Permit No. 3564 and Site Plan Review No. 73 ,
the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. However,
should the Planning Commission desire to deny these applications the findings set forth in the attached
Exhibit `B" are suggested.
Use Permit No. 3564 and Site Plan Review No. 73
August 10, 1995
Pages
PLANNINGDEPARTMENT
KEN 1. DELINO, Director
ByQ. t-ci'�,L$
S. Garcia, CP
Senior Planner
Attachments: Exhibit "A"
Exhibit'B"
Appendix" A"
Excerpt ofPlanning Commission Minutes dated August 9,1984
and April 18,1985
Plot Plan, Floor Plans and Elevations
Use Permit No. 3564 and Site?Iw RevicwNo. 73
August 10,1995
Page
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMIT NO. 3564 AND
SITE PLAN REVIEW NO.73
A. Use Permii No. 3564
FINDINGS:
1. That the proposed development is consistent with the General Plan and is compatible with
surrounding land uses.
2. That adequate on -site parking is available for the existing and proposed uses.
3. That the proposed development will not have any significant environmental impact.
4. That the design of the proposed improvements will not conflict with any easements acquired by
the public at large for access through or use of property within the proposed development.
5. That public improvements may be required of a developer per Section 20.80.060 of the
Municipal Code.
6. That the waiver of development standards as they pertain to walls surrounding the restaurant
site and a portion of the required off-street parking (43 spaces), will not be detrimental to
surrounding properties.
7. That adequate provision for vehicular traffic circulation is being made for the restaurant facility.
8. The approval of Use Permit No. 3564 will not, under the circumstances of the case be
detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing
or working in the neighborhood or be detrimental or injurious to property or improvements in
the neighborhood or the general welfare of the City and further that the proposed modification
related to the proposed signing is consistent with the legislative intent of Title 20 ofthis Code.
CONDITIONS:
That development shall be in substantial conformance with the approved site plan, floor plan
and elevations, except as noted below.
2. That a minimum of 24 parking spaces shall be provided on -site.
That the development standard pertaining to a portion of the required parking (43 spaces) and
walls shall be waived.
Use Permit No. 3564 and Site Plan Review No. 73
August 10, 1995
Page 7
4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal -Code.
5. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be
introduced into the drainage systems, unless otherwise approved by the Building Department
and the Public Works Department.
6. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the
Building Department.
7. That the proposed restaurant facility and related parking structure shall conform to the
requirements of the Uniform Building Code.
8. That the project shall comply with State Disabled Access requirements.
9. That all improvements be constructed as required by Ordinance and the Public Works
Department.
10. That arrangements be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements, if it is desired to record a parcel map
or obtain a building permit prior to completion of the public improvements.
11. That the existing sewer lateral be inspected by the Utilities Division and be brought up to
current standards prior to occupancy of the restaurant if it does not presently conform to
current standards.
12. That the intersection of the private East Coast Highway and the private drive be designed
to provide sight distance for a speed of 45 miles per hour. Slopes, landscape, walls and
other obstruction shall be considered in the sight distance requirements. Landscaping
within the sight line shall not exceed twenty-four inches in height.
13. That unused driveways be removed and replaced with curb, cutter and sidewalk; that
deteriorated and displaced sections of sidewalk be reconstructed along the East Coast
Highway frontage; and that the large bushes along the Larkspur Avenue parkway be
removed in order to provide site distance from the adjacent driveway. That all work along
the East Coast I[ighway frontage be completed under an encroachment permit issued by
the California Department of Transportation and that all work along the Larkspur Avenue
frontage be completed under an encroachment permit issued by the Public Works
Department.
14. Disruption caused by construction work along roadways and by movement of construction
vehicles shall be minimized by proper use of traffic control equipment and flagmen.
Traffic control and transportation of equipment and materials shall be conducted in
accordance with state and local requirements. There shall be no construction storage or
delivery of materials within the East Coast Highway right-of-way.
Use Permit No.3564 and Site Plan Rolewl4o.73
August 10, 1995
Page 8
z
15. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to
further review by the City Traffic Engineer.
16. That a valet operations plan shall be prohibited unless an amendment to this use permit is
approved by the Planning Commission.
17. That all employees shall park on -site.
18. That the hours of operation shall be limited between 4:00 p.m. and 12:00 midnight, daily.
19. That all trash areas shall be screened from adjoining properties and streets.
20. That the project shall be designed to eliminate light and glare spillage on adjacent properties
and public streets.
21. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the
proposed operation.
22. That a washout area for refuse containers be provided in such a way as to allow -direct drainage
into the sewer system and not into the Bay or storm drains, unless otherwise approved by the
Building Department and the Public Works Department.
23. That the introduction of dancing and/or live entertainment shall be prohibited unless an
amendment to this use permit is first approved by the Planning Commission.
24. That the approval is only for the establishment of a restaurant as defined by Title 20 of the
Municipal Code, as the principal purpose is for the sale of food and beverages with sale and
service of alcoholic beverages incidental to the restaurant use.
25. That the building is required to provide the following, to the satisfaction of the Fire
Department, for Fire Prevention purposes:
a. A U.L. Central Station monitored automatic fire sprinkler system; and
b. A U.L. Standard 300 Fire Protection hood system; and
c. Emergency lighting and posted occupancy loads; and
d. The Fire Department connection shall be located on East Coast Highway side of
the property, and
e. The exit balcony must have another stair near the exit door or rate all openings
(windows) adjoining balcony,
26. 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
Use Permit No. 3564 and Site Plan Review No. 73
August 10, 1995
Page 9
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.
27. That this Use Permit shall expire unless exercised within 24 months from the date of approval
as specified in Section 20.80.090A of the Newport Beach Municipal Code.
B. Site Plan Review No. 73
W�
1. That development of the subject property will not preclude implementation of specific General
Plan or Specific Area Plan objectives and policies.
2. That the value of property is protected by preventing development in Specific Area Plan Areas
characterized by inadequate and poorly planned landscaping, excessive building bulk,
inappropriate placement of structures and failure to preserve where feasible natural landscape
features, open spaces, and the like, resulting in the impairment of the benefits of occupancy and
use of existing properties -in -such area.
That benefits derived from expenditures of public funds for improvement, acquisition and
beautification of streets, parks, and other public facilities are maximized by the exercise of
reasonable controls over the layout and site location characteristics of the proposed
development.
4. That unique site characteristics are protected in order to ensure that the community may benefit
from the natural terrain, harbor and ocean, to preserve and stabilize the natural terrain, and to
protect the environmental resources of the City.
5. That the site does not contain any unique landforms such as coastal bluffs.
6. That the development is compatible with the character of the neighborhood and will contribute
to the orderly and harmonious development of surrounding properties and the City.
7. That there are no unique site characteristics or environmentally sensitive areas on -site which
should be protected.
8. The property does not contain any areas of unique geologic hazards.
9. The development is consistent with the Land Use Element of the General Plan of the City of
Newport Beach and is compatible with surrounding land uses.
10. That there are no archeological or historical resources on -site.
11. That the proposed development has been designed so as to prevent any adverse effect on the
neighboring residential property.
Use Permit No. 3564 vW Site Plan Review No. 73
August 10,1995
Page10
Conditions:
1. That all conditions of approval of Use Permit No. 3564 shall be fulfilled.
2. That
apprc
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EXHIBIT `B"
FINDINGS FORDENIAL FOR
USE PERMIT NO.3564 AND
SITE PLAN REVIEW NO. 73
A. Use Permit No. 3564
FINDINGS:
1. That the proposed development is consistent with the General Plan, and is not compatible with
surrounding residential land uses.
2. That adequate on -site parking is not available for the proposed use.
3. That the waiver of development standards as they pertain to a portion of the required off-street
parking (43 spaces) is excessive and will be detrimental to surrounding properties.
4. The approval of Use Pemut No. 3564 will, under the circumstances of the case be detrimental
to the health, safety, peace, morals, comfort and general welfare of persons residing or working
in the neighborhood or be detrimental or injurious to property or improvements in the
neighborhood or the general welfare of the City and further that the proposed modification
related to the proposed signing is consistent with the legislative intent of Title 20 of this Code.
B. Site Plan Review No. 73
FINDING:
1. That the associated Use Permit No. 3564 has been denied and the Site Plan Review No. 73 is
no longer required, therefore no action is required due to the denial of the proposed floor plans
and site plan.
Use Petmit No. 3564 and Site Plan Review No. 73
August 10, 1995
Page 12
Fn W M D11a1
LOCATION: 3201 East Coast Highway, Parcel No. 1 of P.M. 107-40, (Resubdivision no.
552), located at 3201 East Coast Highway on the southwesterly side of East
Coast Highway at the easterly terminus of Bayside Drive, in Corona del Mar,
ZONE: RSC
APPLICANT: Bandera Restaurant (A Houston's Restaurant) ,Atlanta
OWNER: Eugene Boero, Testamentory Trust, Newport Beach
• Environmental Compliance (California Environmental' Quality Act)
Determined that it is categorically exempt under Class 2 (Replacement or Reconstruction).
Conformance with the General Plan
The Land Use Element of the General Plan designates the site for "Retail Service Commercial
Commercial" uses. A restaurant is a permitted use within this designation. The Land Use
Element allocates a maximum square footage.
At its meeting of August 9, 1984, the Planning Commission approved Use Permit No. 3103, a request
to allow a change in the operational characteristics of the restaurant to allow live entertainment and to
extend the closing hour to 2:00 a.m., daily. An excerpt of the minutes of that meeting are attached for
the Commission's information.
At its meeting of April 18, 1985, the Planning Commission approved Use Permit No. 3103
(Amended), a request to permit the expansion of the existing Studio Cafe Restaurant. That approval
allowed for the provision of the code required parking for the expansion (210 sq.ft.) and the continued
waiver of parking for the remainder (52 parking spaces), based on a parking requirement of one space
for each 40 sq.ft. of "net public area". An excerpt of the minutes of that meeting are attached for the
Commission's information. Also included was a request to allow the use of tandem parking in
conjunction with a valet parking service.
The previous operation was limited to between the hours of 11:00 a.m. and 2:00 a.m., daily. The
applicant proposes hours of 5:00 p.m. to 10:30 p.m. weekdays, and 5:00 p.m, to 12:00 midnight on
Friday and Saturday. Staff has no objection to the facility opening as early as 4:00 p.m. and closing at
12:00 midnight. The Planning Commission may wish to consider allowing the opening hour of 11:00
a.m. to allow for future lunch service, this would eliminate the requirement of an amendment to the use
permit. The maximum number of employees during peak hours is approximately 20 employees.
Use Permit No. 3564 and Site Plan Review No. 73
August 10, 1995
Page 13
I.
Traffic Impacts
The proposed project will have a negligible impact on the existing traffic volumes in the area due to the
reduction in the overall size of the structure and a reduction in the amount of"net public area".
Vehicular Access and On -Site Circulation
The Proposed Site Plan calls for a new curb cut with entry from East Coast Highway and access from
and through the adjacent municipal parking lot.
Required Off -Street Parking
The Municipal Code requires that based on the proposed 2,670 sq. ft. of "net public area", the parking
requirement could vary from 54 spaces (one parking space for each 50 sq.ft. of "net public area") to 89
spaces (one parking space for each 30 sq.ft. of "net public area"). Staff would typically be of the
opinion that this type of restaurant would generate t11e need for one parking space for each 40 sq.ft, of
"net public area"; which would require 67 parking spaces. However, since only 24 parking spaces are
proposed to be provided on site, a waiver of a portion of the required parking is necessary (43 spaces).
Staff is of the opinion that one parking space for each 40 square feet of "net public area" would
normally be adequate for the proposed use and that inasmuch as the previous restaurant facility
provided for the waiver of 52 spaces the waiver of 43 spaces is more nearly conforming with Municipal
Code requirements.
Staff is also of the opinion that since the applicant could occupy the existing facility and not require an
amendment to the use permit, the proposal to totally rebuild the property will be more of an asset to
the area.
Specific Standards for Development
Section 20.60.060 of the Newport Beach Municipal Code "Specific Area Plan Areas - Site Plan
Review" provides procedures and standards for the evaluation of projects in Specific Area Plan (SAP)
areas where the SAP has not been adopted. In accordance with the provisions of Chapter 20.60.060 of
the Newport Beach Municipal Code, the review of site plans have specific standards of review as
established in Section 20.01.070 of said Chapter and that those standards be applied when applicable.
I ch standard is fisted below, with a brief discussion of the project as it relates to each.
Sites subject to Site Plan Review under the provisions of Chapter 20.01 shall be graded and
developed with due regard for the aesthetic qualities of the natural terrain, harbor, and
landscape, giving special consideration to waterfront resources and unique landforms such as
coastal bh�s or other sloped areas, trees and shrubs shall not be indiscriminately destroyed.
The proposed project is located within the existing commercial strip of Corona del Mar which
contains no unusual or sensitive land forms such as coastal bluffs or other slope areas nor are
there any trees or shrubs on -site.
Use Pemtit No. 3564 and Site Plan Review No. 73
Angust 10,1995
Page 14
2. Development shall be compatible with the character of the neighborhood and surrounding
sites and shall not be detrimental to the orderly and harmonious development of the
surroundings and of the City: The Corona del Mar commercial strip is developed with a
mixture of office, retail and service related commercial development. Most of the development
in the area is either one or two story construction. The proposed restaurant building is
replacing an existing restaurant and is -in keeping with the general character of the area.
3. Development shall be sited and designed to maximize protection of public views, with special
consideration given to views from public parks and from roadways designated as Scenic
Highways and Scenic Drives in the Recreation and Open Space Element of the General Plan:
There are no view parks or roadways designated as a Scenic Highway or Drive in the vicinity
of the.project.
4. Environmentally sensitive areas shall be preserved and protected No structures or landform
alteration shall be permitted in environmentally sensitive areas unless specific mitigation
measures are adopted which will reduce adverse impacts to an acceptable level or the
Planning Commission or City Council, on review or appeal, finds that the benefits outweigh
the adverse impacts: There are no environmentally sensitive areas within the subject.property.
5. No structures shall be permitted in areas of potential geologic hazard unless specific
mitigation measures are adopted which will reduce adverse impacts to an acceptable level or
the Planning Commission: or City Council, on: review or appeal, finds that the benefits
outweigh the adverse impacts: The site is not located in an area of particular geologic hazard,
other than the seismic hazards common to Southern California.
6. Residential development shall be permitted in areas of subject to noise levels greater than 65
CNEL only where specific mitigation measures will reduce noise levels in exterior areas to
less than 65 CNEL and reduce noise levels in the interior of residences to 45 CAE or less.
The proposed project is commercial in nature and does not include any residential units which
would be subject to these noise level requirements.
7. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, and
other site features shall give proper consideration to finictional aspects of site development.
The subject property is triangular in shape and is located on the corner of East Coast ITighway
and Marguerite Avenue and has frontage on East Coast ITighway. The vehicular access to the
on -site parking area has been proposed to be from East Coast Highway with additional access
from the Municipal Parking lot at the rear. The applicant intends to redesign the drive on East
Coast Mghway.
8: Development shall be consistent with specific General Plan and applicable Specific Area Plan
policies and objectives, and shall not preclude the implementation of those policies and
objectives. As discussed in the General Plan Compliance section, the proposed project is
consistent with the General Plan.
9. Development shall be physically compatible with the development site, taking into
consideration site characteristics including, but not limited to, slopes, submerged areas, and
Use Permit No. 3564 and Site Plan Review No. 73
August 10, 1995
Page 15
sensitive resources. As indicated previously, the subject property does not have any unusual
characteristics or sensitive resources which must be protected.
10, When feasible, electrical and similar mechanical equipment and trash and storage areas shall
be concealed: The suggested conditions of approval include adequate provisions to insure the
screening of electrical service and mechanical equipment.
11. Archaeological and historical resources shall be protected to the extent feasible: There are
no archeological or historical resources on -site.
12. Commercial development shall not have significant adverse effects on residences in an
abutting residential district. As indicated previously, the proposed project has been designed
so as to minimise any adverse effect on the surrounding residential property by locating the
proposed building so as to be a visual screen and a sound buffer to the existing residential uses
to the south.
The Newport Beach Municipal Code also provides that if all of the applicable standards noted above
are met, the Planning Commission shall approve the development. Further, that conditions may be
applied when the development does not comply with the applicable standards and shall be such as to
bring said development into conformity.
Should the Planning Commission wish to approve Use Permit No. 3564 and Site Plan Review No. 73,
the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Inasmuch
as the project is in full conformance with the provisions of the General Plan and the RSC District.
However, should the Planning Commission desire to deny this application the findings set forth in the
attached Exhibit `S" are suggested.
Use PemlitNo. 3564 and Site Plan Review No. 73
August 10,1995
Page16
COMMISSONERS
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Use Permit No. 3103 (Continued Public Hearin)
Request to change the operational characteristics of the
"Studio Cafe" Restaurant with on -sale alcoholic beverages
(formerly the Hungry Tiger) so as to allow live enter-
tainment in conjunction with the restaurant operation.
The proposal also includes a change in the hours of
operation from a closing time of 12:00 midnight to 2:00
a.m, daily.
LOCATION: Parcel No. 1 of Parcel Map 107-40,
(Resubdivision No. 552), located at
3201 East Coast Highway on the south-
westerly side of East Coast Highway at
the easterly terminus of Bayside Drive,
in Corona del Mar.
ZONE: I C-1
APPLICANT: Studio Cafe, Corona del Mar
OWNER: Eugene Boero, Corona del Mar
Planning Director Hewicker reported that a staff report
has been prepared for the August 13, 1984 City Council
meeting, which lists all restaurants in the City that are
located within 200 feet of a residential district. Said
listing contains the hours of operation associated with
the various restaurants and specifies whether or not the
restaurants podsess use permits. Mr. Hewicker advised
that the Planning Commissioners have been provided with
copies of the subject list.
The public hearing was opened in connection with this
item and Hovik Abramian, Applicant, appeared before the
Planning Commission. Mr. Abramian brought notice to the
portion of the staff report which discusses the opera-
tional characteristics of the Hungry Tiger restaurant.
Mr. Abramian stated that the Hungry Tiger was permitted
;tp remain open until 2:00 a.m, and was allowed to provide
live entertainment. Mr. Abramian also commented that he
operates the Studio Cafe in Balboa and pointed out that
live jazz entertainment takes place in the subject res-
taurant. He added that no noise complaints have ever been
received, even though the restaurant is located 30 feet
Item #2
U.P. #3103
Approved
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from a hotel. Mr. Abramian further stated that the studio
Cafe in Corona del Mar has valet parking and a security
guard to alleviate any potential problems.
then discussed the hardship associated with
closing time.
MINUTES
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Mr. Abramian
a 12:00 a.m.
In answer to a question by the Planning Commission, Mr.
Abramian stated that with the exception of Condition No.
9 (which relates to the recommended hours of operation
of the establishment), he concurs with the Findings and
Conditions set forth in Exhibit "A" of the staff report.
Commissioner Turner referred to proposed Condition No.
3 which provides "That an acoustical engineer, retained
by the City at the applicant's expense, shall demonstrate
to the satisfiaction of the Planning Director that ,nppise
emanating from the restZu ant, including the live•ehter-
tainment, does not exceed 55 dBa at the property lines."
Commissioner Turner questioned whether the applicant
would accept an addendum to the subject Condition which
would give the Planning Department the right to check the
noise level periodically at the applicant's expense.
Mr. Abramian responded that he would have no objection
to the addition of such a proviso.
Ralph Rolfes, owner of the apartment complex at the corner
of Marguerite Avenue and Bayside Drive, appeared before
the Planning Commission. Mr. Rolfes stated that one of
his clients has complained to him concerning parking lot
noise at the Studio Cafe. Mr. Rolfes commented that the
proposed changes to the operational characteristics of
the restaurant would severely impact his apartment build-
ing. Specifically, Mr. Rolfes discussed the shortage of
parking spaces in the subject area and voiced concern
that his tenants will be unable to find spaces in which
to park, inasmuch as his building was constructed at the
time when only one parking space was required per apart-
ment. Additionally, Mr. Rolfes spoke in opposition to the
Studio Cafe being permitted to remain open past 12:00 a.m.
daily, and opined that noise problems will be created
by persons leaving the restaurant.
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Commissioner Person brought notice to the Municipal
Parking Lot which is located adjacent to the Studio Cafe
and questioned whether Mr. Rolfes feels problems are
created by individuals from the residential area storing
their vehicles in the lot. Mr. Rolfes responded that
he has noticed vehicles being left in the lot.
Commissioner Person questioned whether Mr. Rolfes feels
the situation could be alleviated if the lot were metered.
Mr. Rolfes discussed his.belief that the lot should not
be metered. Mr. Rolfes stated, however, that if the City
were to decide to meter the lot, he would urge that only
blue meters be utilized.
Planning Director Hewicker questioned whether Mr. Rolfes
has experienced any problems with the spot light that
was previously used tot`illuminate the parking lot.' Mr.
Rolfes responded that the best of his knowled§e, no
problems were caused by said lighting.
Francis Boero, 328 Narcissus Avenue, appeared before the
Planning Commission on behalf of his father, Eugene Boero,
who is the owner of the Studio Cafe property. Mr. Boero
commented that the subject area of Corona del Mar has
always had a lack of parking, and questioned how any
further impact could be created by the operation of the
Studio Cafe. Mr. Boero then spoke in support of a
properly managed valet operation which could take advantage
of available parking lots in the vicinity.
Planning Director Hewicker questioned whether the valet
parking attendants control access to and from the
Municipal Parking Lot. Mr. Abramian answered that the
Municipal Parking Lot is presently blocked off, and
stated that only the Studio Cafe parking lot is being
used in connection with the valet operation. Mr. Hewicker
clarified that the valet operation should be operated in
such a fashion that it is clear that individuals are per-
mitted to park in the Municipal Parking Lot without the
assistance of a valet attendant.
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Mr. Abramian referred to the comment made by Mr. Rolfes
which alleged that one of his tenants registered a com-
plaint pertaining to noise. Mr. Abramian stated that it
would be difficult to.determine whether the individuals
creating the noise came from his business or another
business establishment.
MINUTES
In answer to a question posed by Commissioner Goff, Mr.
Abramian advised that although the restaurant's parking
lot contains 22 parking spaces, the valets have been park-
ing considerably more than 22 vehicles in the lot. He
further advised that the Studio Cafe has access to the
First Interstate Bank parking lot. In answer to a further
inquiry by Commissioner Goff, Mr. Abramian stated that
the provision of live entertainment would not necessarily
result in more individuals frequenting his restaurant,
but rather >�hat the customers who do visit the restaurant
will likely remain for a longer period of time. I
Dick Nichols, President of the Corona del Mar Community
Association, appeared before the Planning Commission on
behalf of the Association's Board of Directors. Mr.
Nichols read a letter, dated August 9, 1984, which
explained the Association's concerns relative to parking,
the proposed hours of operation, as well as the provision
of "drawing card" entertainment.
Planning Director Hewicker referred to Mr. Nichols' con-
cern relative to the occupancy load of the Studio Cafe,
and explained how the Fire Department determines the
occupancy load of restaurants.
James Dunlap, 419 Marguerite Avenue, Corona del Mar,
appeared before the Planning Commission and expressed
his concerns relating to parking and the degree of noise
that occurs between the hours of 12:00 a.m. and'2:00 a.m.
Mr. Dunlap also voiced concern that the proposed enter-
tainment and late hours of operation will result in addi-
tional individuals frequenting the restaurant.
Philip Decarion appeared before the Planning Commission
and stated that he is an operating partner of Laredo
Bar-B-Q. Mr. Decarion spoke in support of the Studio
Cafe, but voiced concern that all restaurants in Corona
del Mar have not been treated equally, inasmuch as Laredo
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Bar-B-Q is required to close at 12:30 a.m. and is not
permitted to provide live entertainment, except for
Saturday afternoon wedding receptions.
Commissioner King pointed out that,the restrictions placed
on Laredo's Bar-B-Q are due to unique circumstances
surrounding the structure, i.e., its proximity to resi-
dential units, configuration of the restaurant's structure,
and the location,of the bar and serving areas.
Mr. Decarion disagreed with Commissioner King's comments
and stated that part of the problem associated with
Laredo's Bar-B-Q,pertained to parking. He added that
.Laredo's Bar-B-Q has 108 spaces, while the Studio Cafe
has only 22 spaces, even though the seating areas of the
two restaurants are cc�Parable. Mr. Decarion added that
the Studio Cafe is situated in closer proximity to t
heavily populated residential areas than is Laredo's
Bar-B-Q.
Henry Bruderlin appeared before the Planning Commission
and stated that he is a 40-year resident of Newport
Beach. Mr. Bruderlin spoke in support of the Studio
Cafe in Balboa, as well as the new Studio Cafe in Corona
del Mar. Mr. Bruderlin urged that the new Studio Cafe
be permitted to remain open until 2:00 a.m.
Doug Cavanaugh, 114 Garnet Street, Balboa Island, appeared
before the Planning Commission and spoke in support of
the Studio Cafe in Balboa, commenting that Mr. Abramian
has been a good neighbor to the surrounding business and
residential communities. Mr. Cavanaugh stated that the
Corona del Mar location is well suited for live enter-
tainment in that it faces a totally commercial zone, i.e.,
the Pacific Coast Highway.
Jim Walker, operating partner of Laredo Bar-B-Q appeared
before the Planning Commission and discussed the alleged
inequity of the Studio Cafe being permitted to remain
open until 2:00 a.m., while Laredo Bar-B-Q is required
to close at 12:30 a.m. Mr. Walker explained that A.T.
Leo's restaurant went out of business due to the fact
that they were mot allowed to remain open for a longer
period, and thereby compete with surrounding establish-
ments.
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Commissioner Person pointed out that the hours of opera-
tion which are imposed on Laredo Is Bar-B-Q were determined
following a series of public hearings, at which time
a number of serious problems were voiced.
Paul Rolfes reappeared before the Planning Commission
and stated that the fact that problems presently exist
in the Corona del Mar business district should not be
interpreted as a reason to allow more problems to occur.
Al Mayo, part owner of Laredo's Bar-B-Q, appeared before
the Planning Commission and stated that the Applicant
is correct in his contention that a restaurant must
remain open to late hours if it is to compete with sur-
rounding businesses.
There being no others gefiring to appear and be lejrd,
the public hearing was closed.
Commissioner Goff expressed his belief that 22 parking
spaces will not be adequate to serve the subject restaur-
ant. Commissioner Goff questioned, therefore, whether
the applicant would be amenable to an additional Condition
of Approval being imposed to read as follows: "That the
applicant shall enter into an off -site parking agreement
with the Pirst Interstate Bank. If such an agreement is
not reached within thirty (30) days, the application shall
be referred back to the Planning Commission for recon-
sideration."
Dennis O'Neil, 3200 Park Center Drive, Costa Mesa, appeare,
before the Planning Commission on behalf of the applicant.
Mr. O'Neil suggested that the application be approved
with an additional Condition to read as follows: "That
the applicant shall use his best efforts to obtain an
off -site parking agreement with Pirst Interstate Bank.
In the event parking, or other factors, continue to cause
problems, the Planning Commission may, if desired, re-
consider the subject application."
In answer to a question posed by Commissioner Eichenhofer
as to the number of vehicles that can be parked in the
restaurant's lot, Planning Director Hewicker advised that
although the lot contains 22 parking spaces, approximately
1/3 to 1/2 more cars can be parked in the lot with the
use of valet attendants.
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In answer to a question posed by Commissioner Person,
Planning Director Newicker stated that staff has received
no complaints relating to the operation of the new Studio
Cafe.
Motion was made for approval of Use Permit No. 3103,
subject to the Findings and Conditions of Approval con-
tained in Exhibit "A", with revisions as follows: 1)
That Condition No-. 9, which restricts the hours of
operation of the Studio Cafe, be eliminated; 2) That
an additional Condition be added to read as follows:
"That entertainment be concluded -at 12:30 a.m. during
the week (Sunday through Thursday); and that entertain-
ment be concluded at 1:00 a.m. on weekends (Friday and
Saturday). No closing time restrictions apply to the
subject establishment."
Commissioner Person stitid that he will support Co (is-
sioner King's motion and commented that both the Municipal
Parking Lot and Bayside Drive provide buffers between the,
restaurant and the residential district. Additionally,
Commissioner Person commented favorably on the reputation
of the Studio Cafe in Balboa, and pointed out that the
Planning Commission can re -call the application for re-
consideration in the event problems were to arise.
Commissioner Goff questioned whether the maker of the
motion would consider imposing an additional Condition of
Approval to read as follows: "That the applicant shall
make a bonafide effort to obtain an off -site parking
agreement with any merchant in the area for a minimum of
27 parking spaces. In the event such an agreement cannot
be reached within thirty (30) days, the applicant shall
pay in -lieu fees to the City for 27 parking spaces."
(Commissioner Goff explained his reasoning at arriving
at 27 parking spaces, explaining that said figure rep-
resents half the difference between the 76 parking spaces
that would be required if the restaurant were established
in accordance with current standards and the 22 parking
spaces that are presently provided.)
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ROLL
Substitute
Motion
Ayes
Nayes
Amended
Motion
All Ayes
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Commissioner -King stated that he would not accept such
an addendum to his motion. Commissioner fling pointed out
that other restaurants in the City have experienced suc-
cess similar to the Studio Cafe during their early
operation, He pointed out, however, that their business
eventually tapered off so that parking does not create
the problems that existed during the restaurants' initial
phases of operation.
MINUTES
Substitute motion was made for approval of Use Permit
No. 3103, subject to the Findings and Conditions contained
in Exhibit "A", with revisions as follows: 1) That Condi-
tion No. 9, which restricts the hours of operation of the
Studio Cafe, be eliminhted; 2) That an additional Condi-
tion be added to read as follows: "That entertainment
be concluded at 12:30 a.m, during the week .(Sunday through
Thursday); and that entertainment be concluded at 1:00
a.m, on weekends (Friday Pd. Saturday). No closipgI time
restrictions apply to the subject establishment: 3� That
an additional Condition be added to read; "That the appli-
cant shall make a bonafide effort to obtain an off -site
parking agreement with any merchant in the area for a
minimum of 27 parking spaces. In the event such an agree-
ment cannot be reached within thirty (30) days, the appli-
cant shall pay in -lieu fees to the City for 27 parking
spaces. The motion was voted on and FAILED.
Commissioner Turner questioned whether Commissioner King
would amend his original motion to include an additional
requirement to read: "The applicant shall immediately com-
ply with any new ordinance or legislation which may restric+
the hours of operation," Chairperson Winburn questioned
whether Commissioner King would amend his motion to provide
that the hours of operation of the restaurant shall be
from 11.00 a.m. to 2:00 a.m. Commissioner King accepted
both amendments to his motion.
Commissioner King's amended motion was then voted on and
CARRIED, Use Permit No. 3103 was thereby approved, sub-
ject to the following Findings and Conditions:
Findings
1. The proposed restaurant is consistent with the General
Plan and the adopted Local Coastal Program, Land Use
Plan, and is compatible with surrounding land uses.
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2. The project will not have any significant environ-
mental impact.
3. That the proposed change in the operational character-
istics of the existing restaurant so as to include
live entertainment, will not increase the parking
demand of the restaurant.
4. That the establishment of live entertainment will be
compatible with the existing restaurant facility.
5. That the Police-Depar_tanent_ does not anticipate any
problems with the live entertainment.
6. The approval of Use Permit No. 3103 will not, under
the circumstances of this case, be detrimentalito the
health, safety, peace, morals, comfort and general
welfare of persons residing and working in the neigh-
borhood or be detrimental or injurious to property
and improvements in the neighborhood or the general
welfare of the City.
Conditions:
1. That the proposed restaurant operation shall be con-
sistent with the approved plot plan and floor plan.
2. That the live entertainment shall be permitted only
within the building and all windows and doors within
the restaurant shall be closed during performances.
3. That an acoustical engineer, retained by the City at
the applicant's expense, shall demonstrate to the
satisfaction of the Planning Director that noise
emanating from the restaurant, including'the live
entertainment, does not exceed 55 dBa at the property
lines.
4. That any exterior illumination shall be confined to
the site and shall be maintained in such a manner as
to prevent light and/or glare spillage on adjoining
street and nearby properties.
5. That dancing shall not be permitted in the restaurant
unless an amendment to this use permit is approved.
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6. That all restaurant employees shall be required to
park in the adjoining Municipal Parking Lots.
7. That no temporary "sandwich" signs shall be permitted
to advertise the approved live entertainment.
S. That all trash areas ;tail be shielded or screened
from public streets and adjoining properties.
9. That -the Planning Commission may add and/or modify
Conditions of Approval to the use permit, or recom-
mend 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 generalwolfare of the community.
10. That this use permit}shall expire if not exercised
within 24 months from the date of approval as speci-
fied in Section 20,80.090 A of the Newport Beach
Municipal Code.
11. That entertainment be concluded at 12:30'a.m. during
the week (Sunday through Thursday); and that enter-
tainment be concluded at 1:00 a.m. on weekends
(Friday and Saturday).
12. That the hours of operation of the restaurant
shall be from 11:00 a.m. to 2:00 a.m. The applicant
stall immediately comply with any new ordinance or
legislation which may restrict the hours of operation.
• R R k
��
-12-
1,N,.i1 18, 1985
Motion
Ayes
Absent
xl
of Newport Beach
quest to amend a previously approved use permit that
-
Neefitted on -sale alcoholic beverages and dancing
ente tainment in conjunction with an existing restau-
rant i the C-1 District. The proposed amendment is to
change a Park Bar and Grill Restaurant's hours of
operation so as to permit the service of lunch and
dinner bet en the hours of 11:O9 a.m. and 2:00 a.m.,
Monday throu\oPosed
y and 10:30 a.m. and 2:00 a.m. on
Sundays. Thdevelopment also includes a full
service bar,ion of an open patio for dining
and drinking and the use of live entertain-
ment within rant facility. The proposal also
includes thef an informal off -site parking
agreement wrovide additional restaurant
parking spac
LOCATION: Lots 1, 2, an portion of Lot 3, Block
C, Tract No. 70 and an abandoned
portion of Carnat n Avenue, located at
2515 East Coast Hi way, on the south-
westerly corner of st Coast Highway
and Carnation Avenue, i Corona del Mar.
ZONE: C-1
APPLICANT: Loomis Foods, Inc., Corona del
OWNER: Poole Properties, Inc., Corona
Motion was made to continue this item to May 23, 1
MOTION CARRIED.
Use Permit No. 3103 (Amended) (Continued Public
Hearing)
Request to amend a previously approved use permit which
allowed the establishment of live entertainment and a
2:00 a.m, closing time in conjunction with the Studio
Cafe 2 Restaurant in Corona del Mar. The proposed
amendment includes a request to expand the "net public
area" of the restaurant. A modification to the Zoning
Code is also requested to permit the use of tandem
parking spaces in conjunction with a valet parking
service.
MINUTES
INDEX
-2-
Motion
Ayes
Absent
MMISSIONERS
ti,rril
18,
1985
j, 1
ax o
a
T
9 ; m
c
aZ.
o
° > * °
City
of
Newport
Beach
x
LOCATION: Parcel No. 1 of Parcel Map 107-40,
(Resubdivision No. 552), located at 3201
East Coast Highway on the southwesterly
side of East Coast Highway at the
easterly terminus of Bayside Drive, in
Corona del Mar.
ZONE: C-1
APPLICANT: Studio Cafe, Corona del Mar
OWNER: Eugene Boero, Corona del Mar
The public hearing opened at this time, and Mr. Dennis
O'Neil, representing the applicant, appeared before the
Planning Commission. Mr. O'Neil stated that the
applicant agrees with the findings and conditions of
approval in Exhibit "A".
The public hearing was closed at this time.
Motion was made to approve Use Permit No. 3103
(Amended) subject to the findings and conditions in
Exhibit "A". MOTION CARRIED.
FINDINGS:
1. That the proposed expansion is consistent with the
Land Use Elements of the General Plan and the
Adopted Local Coastal Program, and is compatible
with surrounding land use.
2, That adequate off-street parking spaces will be
provided in conjunction with expansion of the
restaurant.
3. The proposed use of tandem parking spaces and a
valet parking service will not, under the circum-
stances of this particular case, be detrimental to
the health, safety, peace, comfort, and general
welfare of persons residing or working in the
neighborhood of such proposed use or be detri-
mental or injurious to property and improvements
in the neighborhood or the general welfare of the
City and that the proposed modification is consis-
tent with the legislative intent of Title 20 of
the Municipal Code.
-3-
MINUTE'S
W2
t
A1.-,'l 18, 1985
MINUTE5
xx
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m A
D
Z r G S
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O
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IOTR
of Newport Beach
4. That the approval of this amendment to Use Permit
No. 3103 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 or improve-
ments in the neighborhood or the general welfare
of the City.
CONDITIONS:
1. That development shall be in substantial con-
formance with the approved plot plan, floor plan
and elevations, except has noted below.
2. That a minimum of 30 parking spaces shall be
provided on site.
3. That the proposed tandem spaces shall be striped
in a manner acceptable to the City Traffic Engi-
neer. Parking Spaces No. 3, 14, 15, 29, 30, and
37, as shown on the approved plot plan, shall be
deleted from the parking plan, and shall not be
used for the parking of automobiles.
4. That valet parking service shall be provided at
all times during the restaurant's hours of opera-
tion.
5. That none of the parking spaces in the adjoining
Municipal parking lot shall be blocked at any time
by the restaurant operation.
6. That all conditions of Use Permit No. 3103, as
approved by the Planning Commission at its meeting
of August 9, 1984, shall be fulfilled.
7. That the Planning Commission may add and/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.
8. That this amendment to Use Permit No. 3103 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.
-4-
INDEX
a�
J
-773'. CUSTOMER AFEA �.\ �I:.':.�R•.. ••••••••••••••••• -••
.v.vv •vvvvv.a. .
___
TW. CUSTOMER AREA _—
m�O.pYM,OfK
Yt.oM1�R.W.T leyyp NltA.
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•` ° e��: \\II1jA/-/ ,=OAMMR.i [. YIryM '
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(2) 2l Sr_ 54 S:.
' (4) 26 5-. = 104 SR
t\ • �. ;w ea
v I'll
3w 5F. i '3•:
(2) 12S 5F. = 2S6 Sr-. •\
(2) 34 53;:. = &B SF.
(2) 54 B.F. = 108 6F-
(5) 36 SF. = 150 5F.
(1) 306 SF. = 3065F. _
(1) 25 $F. 25 5F. '
ril
(1) SF. = 2S SF. •\ T -< _ 1
TOTAL CUSTOMER ^ '0° NETMJBUC AREA issw sp.
SERVICE AREA
CIET FL15LIC AREA tESS SF. • e a 9
FIM FLOOR PLAN .4..Y....-
75 W
STEVEN
LANCFOFE)
AR CHTEM
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TOTAL CUSTOMER
SERVICE ARREA
(NET FUSLIC AiREAIM SF.
O I
`J I
STEVEN
LANGFORD
WKTM%
AmhHaotura
INarlor Design
Food SeMae
4 Fxaoutive prole
Suite 190
Irvine, CA 92714
714—B33-9066
714-833-9159 FAX
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I
aEwr�� CrrX OF NEWPORT BENCH Hearing Date:
Gp 9 PLANNING\BUILDING DEPARTMENT Agenda Item No.:
33 o NEWPORT BOULEVARD Staff Person:
NEWPORT BEACH, CA 9265E
°FORS`' (74) 644-32°O, FAX (714) 644-950 Appeal Period:
REPORT TOTHE PLANNING -COMMISSION
August 10, 1995
Javier S. Garcia, AICP
(714)644-3206
SUBJECT: Bandera Restaurant (A Houston's Restaurant)
3201 East Coast Highway
SUMMARY: The demolition of an existing restaurant (former Corona Cafe) and the
construction of a new full service restaurant:
• with on -sale alcoholic beverage service; and
• a request to waive a portion of the required parking; and
• located in an area designated for specific area plans which a Specific Area
Plan -has -not -been -adopted, therefore, a Site plan Review is required.
REQUIRED
APPROVALS: If desired, approve, modify or deny:
• Use Permit No. 3564 (Public Hearing), procedures are set forth in
Chapter 20 of the Municipal Code; and,
• Site Plan Review No. 73 (Public Hearing), procedures are set forth in
Chapter 20. of the Municipal Code.
1. Appropriateness of the Proposed Use/Neighborhood Compatibility: Does the reconstruction
of the existing restaurant constitute an intensification of the use, and will the project be
compatible with surrounding residential and commercial neighborhoods.
2. Traffic Impacts on Surrounding Neighborhoods: Would the project create significant traffic
impacts on surrounding residential neighborhoods, particularly across East Coast Highway on
the surface streets, and if so, what measures can be employed to reduce these impacts.
3. Parking Demand. Is the continued waiver of a portion of the required parking appropriate in
this case.
These issues are summarized below and are discussed in detail in the Analysis Section of
Appendix A, attached at the end of this report.
USE PERMIT NO,I 35641
The subject property is currently developed with a one story restaurant commercial building and related off-street
parking spaces. To the north, across East Coast Highway are general commercial uses; to the east, across
Marguerite Avenue, are commercial retail uses; to the south, across Bayside Drive, is residential development;
and to the west, are general commercial uses along the East Coast Highway commercial strip.
Use Pesmil No. 3564 and Site Plan Review No. 73
August 10,1995
Paget
a
DI
D
-DI
�TYP. cusTorrR AFEA
.... :. ...:::.:
rrP cusroNER AREA � . v �;::.. • .::: ?•... ee.. .,
:a ��• X.M<M.�KLSLTCNMT=!A
_J•.` T IR.PMMWWR xi1GW MIICt
s OC .� MGpYTNf4CWRE
4�CQ.IVI1=Vq P.PMptlNP
SrLYY-� Cw C.PMI! N
(2) 2r Sr-. = 55r. m s.ason czc
(4) 26 SF. = 1045F. '•�
(3)130 SF. = away:.
(22) 12S28 5P. = 256 Sr-.
(2) 34 SP. = 68 S.F.
(2) 54 5P. = 105 S.F.
(1)) 36 51:. = I80 SF. '� n
(1)3065r. = 3. =1
1) SF. 41 6PSF. (U 25 I \ -
23 SF. = 25 $P.
TOTAL CUSTOMER �MUC 'IS3B S.F.
5�RNCE AREA
(NET FUBLIC Ai; —=A SM S.F.
FNSH FLOOR PUN IIIJJJ IIJJ v..- w.N
LANGFORD
Mn.nor DWOn
rom s.me.
4 r=.,uNo Lim).
SUM. 190
W... G 92114
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Page 72
GENERAL CONTROLS
COMMERCIAL
Chapter 20.30
Such distance to be designated by the Planning Commission as a part of the action on plans
submitted with the application for a permit for such building, as provided in Chapter 20.30.
(Ord. 89-35, Dec. 27, 1989; 1949 Code § 9104.22 added by Ord. 635; December 12, 1950).
20.30.040 "Z" COMBINING DISTRICT. The following regulations shall apply
in all Commercial Districts with which are combined 'V Districts, in addition to the
regulations hereinbefore specified therefor, provided, however, that if any of the regulations
specified in the "Z" District differ from any of the corresponding regulations specified in this
Section for any District with which is combined the "Z" District, then and in such case the
provisions of the "Z" District shall govern. (1949 Code § 9104.3 added by Ord. 913,
February 23, 1960).
A. USES PERMITTED. The following uses shall be permitted in "-Z" Districts:
All uses permitted in the respective districts with which the "-Z" District is combined, subject
to approval as to design of building and design and location of parking lot; except, however,
as provided in Subsections B and C below. (1949 Code § 9104.31(part) added by Ord. 913;
February 23, 1960).
B. OFF-STREET PARKING REQUIRED - SCHEDULE. Off-street parking, on the
building site, or on a separate lot from the building site or sites with City Council approval
on recommendation of the Planning Commission, shall be required in all districts with which
the "-Z" District is combined, according to the following formula:
(1) Retail and Wholesale Stores and specialty food uses: One parking space for each
350 square feet of gross floor area, and one loading space for each 10,000 square
feet of gross floor area.
(2) Office Buildings (except where any portion is used as a medical or dental office):
One parking space for each 350 square feet of net floor area.
(3) Restaurants: One space for each 40 square feet of net public area. "Net
Public Area" shall be defined 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, with the exception of kitchens, restrooms, offices pertaining
to the restaurant only, and food and beverage service or storage areas.
Based on the following considerations, the Planning Commission may increase or
decrease the parking requirement for a restaurant within the range of one space
for each 30 to 50 square feet of net public area:
I. The Physical Design characteristics of the restaurant.
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' `'; . £ r _`Tz£ .s'�z ti " . ng ° I'y --- ` ET MIC ARSA' S.,.ILL BE DEFiN1=D A5 THE TOTAL
\ n' y _ :� ,.v ° �� ° AREA OF THE RESTAURANT INCLUDING PATIOS -
v .:` . v- =
V VQV v V C, :
_ . - _ ,_ .
\ v v V v4 -. V V' V V V V V V v.V.V V a ,_
.-
° r BALCONIES, AND ANY OUTDOOR ACAS CAPABLE
�', \` -. vv vv ° �, x,,<u sv v vv vv `vv-vvvvvvvv,v'vv�,._" - - ;
8
- _ I \ 6w_ vvv v v vvvv v v v v v v v v v-� v x. OF BEING USED FOR THE PURPOSE OF SERVING
\ v vvv =, v ' .. vvvvvv v v v-v v v v,v v v „ .' FOOD OR BEVERAGES, WITH THE EXCEPTION OF I I I
\ vvvv vvv v v v v v vvv v'v v w v �' KITCHENS, RESTROOMS, OFFICES PERTAINING
- v v b ryt,, V v v w vvv vvvv v v.v v TO THE RESTAURANT ONLY AND FOOD AND . I ` - SHE T TIT E , .
-11
v v vvv'vv vvvv ,tf61 - .
-} ,{ v „ v v , vg v v v v v v v G'v . _ BEVERAGE SERVICE OR STORAGE AREAS. i -
2) 2 I S = 5 �.. J CH 2030 NEWPORT 8E ODE
. vvvV "VV v vvvvvv , BB ACHZONINGC I. I' - - -
\ - ';" v v v v v r..e v' v v vvv v v v £,'+:::: - , _ _ I - ° - - -
i�) 2� S.F. 10� CJ... R v v v v vvvv - �.w NET PUBLIC
Vv vv vvQvvR vvv - I1. OVERLAY CAM
C3) 130 5.1 - 390 SP ti ,. -
C2) 125 S.F. 2K/ 5.. - RQR RR RRQQRRQ.`' ," - . - -� _,
vV vv vvv vt
2)
34 S.F. _
(o 5
. vvv vv vv -
S.F. , - R R R R Q , `
I
vvvv vv
I-
C 2)
54 S.F. =
105
5.F. -
1I I
I �I-1I 1 \
v Vv „*
vvv I
'C 5 )
3 (o S.F. =
150
S.F.
\
\
, �'
g j
(1)
30( S.F. =
30(o
S.F. -
- \\
, 1.
- -
( 1)
4-i S.F. _�
S.F.
I\II-I
_ \,
-\I
II
( 1)
2 5 S.F. =
-
2 5
,�I�
S.F.1I II
I 'II II I �
I I I
I I -
I�
� � I
- - AA
TOTAL CU5TOI - -
0,==\ /I�-= A �= A
AREA 5G I T I N
5Q, FOOTAGE
OVERALL
1=
5L G AR A4
WO
T RE R
T.
3 82 .F.
FRONT
KIT./
5A4
AREA
-(411-
S.F.)
WOODWORK
/ GA4
IN
T 1'
GO A4TION
4228 S.F.)
CIRCULATION
- 1405 S..)
SU5TOTA4L
NON GUSTOI" IERI A4REA (S) '
-C2044 S =.)
TOTAL
--------
CUSTOMER STANDING SITTING
AND 5A4 -
1538
S.F.
- NETPU LIC A
EA
1538 S.F.
PI l 7 S"�-qe5
KEN OKAMOTO & ASSOCIATES, INC.
STRUCTURAL ENGINEERS
MARCH 6, 1996
CITY OF NEWPORT BEACH
BUILDING DEPARTMENT
RE: EXISTING RETAINING WALL
AT BANDERA RESTAURANT
CORONA DEL MAR, CA
DEAR SIR OR MADAM:
OUR VISUAL OBSERVATION OF THE ABOVE RETAINING WALL INDICATES NO SIGNIFICANT
SIGN OF ANY STRUCTURAL DISTRESS. THE PORTION OF THE RETAINING WALL CLOSE TO
THE BUILDING STRUCTURE WILL BE DEMOLISHED AND RE -BUILT AS SHOWN ON THE PLANS.
TO THE BEST OF OUR.KNOWLEDGE, THE RETAINING WALL IS IN A SATISFACTORY
CONDITION. HOWEVER, THE EXISTING RETAINING HEIGHT MUST REMAIN AS IS.
IF YOU HAVE ANY QUESTIONS, PLEASE CALL OUR OFFICE.
SINCER LY,
KEN OKA OTO, S.E.
KO/&
14081 YORBA STREET, SUITE 105 • TUSTIN, CALIFORNIA 92680 • (714) 838.4960 • FAX (714) 838.3928
May 1, 1996
Mr. Ray Schuller, Director
City of Newport Beach
Building Department
3300 Newport Blvd.
Newport Beach, Ca. 92658-8915
RE: Bandera - Corona Del Mar
Newport Beach plan check #1755-95
3201 East Pacific Coast Hwy.
Letter of compliance for
Aug.10, 1995 CUP#3564
Dear Mr. Schuller:
REuelveu 61
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
AY tAAY 0 9 1996 PM
718191ID1111121112131415 t 6
The above referenced project has been designed, and shall be constructed to comply with all
conditions as set forth in the Conditional Use Permit referenced above. Specifically, the
following conditions have been thoroughly implemented into the design, and are planned as
operational requirements of the day to day business of said restaurant!
CUP#16- 'That a valet operations plan shall be prohibited unless an amendment
to this permit is approved by the planning commission"
CUP#17- 'That all employees shall park on -site."
CUP#20- "That the project shall be designed to eliminate light and glare spillage
on adjacent properties and public streets."
CUP#21- "That no outdoor loudspeaker or paging system shall be permitted in
conjunction with the proposed operation."
CUP#23- "That the introduction of dancing and/or live entertainment shall be
prohibited unless an amendment to this permit is first approved by the
Planning Commission."
CUP#24- "That the approval is only for the establishment of a restaurant as
defined by Title 20 of the Municipal Code, as the principal purpose is for
the sale of food and beverages with sale and service of alcoholic
beverages incidental to the restaurant use."
Sincerely,
STj/EVV/ENLJANNGFORRDD ARCHITECTS, INC.
Eric Robert Hildebrand
Project Manager
#96-912 -
CC: Gina Garcia, Associate Planner
4 Executive Circle • Suite 190 •Irvine, California 92714 •714-833-9066 -FAX 714-833-9159
REt IVO OY
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
AN WX 0 8 1996 PU
�'tS191t0oU112aZ��j3��15i 6
May 6, 1996
City of Newport Beach Planning Department
3300 Newport Boulevard
Newport Beach, CA 92658-8915
attn: Gina Garcia
Plan Check #1755-95
RE: City of Newport Beach Plan Review
LBA Project No.: 9535.05
Dear Gina:
LARSON
BINKLEY
ASSOCIATES, INC.
With regards to item #20 on the City of Newport Beach plan review cormnents we are submitting the
following response.
Larson-Binkley Associates, to the best of our engineering design, has attempted to meet the specified
lighting criteria established by the City of Newport Beach. Some of this criteria being to eliminate
light and glare spillage onto adjacent properties and public streets.
Sincerely,
reg Edmonds
Electrical Engineer
c: file
C:\DATA\BANDERA\9535.05\53505C2.WPD
9900 State Line, Suite 150 A Leawood, Kansas 66206 A Phone: (913) 383-2621 A Fax: (913) 383-2831
COMMISSIONERS
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six feet or less in the front 30 feet along Dover Shore running 30 fee along
West Coast Idighway.
Ridgeway suggested reversing the sales and parking areas t would make
the fence go away somewhat more, higher items could b displayed in the
back, during non -business hours the topiary and lands a area would be up
front and that would be consistent with shopping nters which have the
retail in the back and parking in front. As to the azking, 14 cars would be
adequate, stating that the Pottery Shack in La a Beach does not have one
parking stall. Re -design this and you woul ake away bike trail concerns,
the site line concerns, and create somethi not as obtrusive to 55,000 cars
per day.
Motion
*
Motion was made for approval f Use Permit No. 3562 subject to the
Noes
findings and conditions in E bit A also inclusive of the height limit as
Ayes
*
*
described on Page 11 of the affpacket. MOTION FAILED.
Absent
Commissioner ams asked to be excused by 9:00 tonight and stated that
the next item ay conclude by that time but he would stay until 9:00. He
wanted to ank staff for the inclusion of items and issues that he brought up
at the la meeting regarding the restaurant application. He was pleased to
see t inclusions in the staff report. They made a difference to him. Gifford
w on record to support these comments.
SUBJECT: Bandera Restaurant (A Houston's Restaurant)
Agenda
3201 East Coast ITighway
Item No.
Use Permit No. 3564 (Public Hearing)
Site Plan Review No. 73
Approved
Request to permit the demolition of an existing restaurant (former Corona
Cafe) and the construction of a new full service restaurant with on -sale
alcoholic beverage service. Also included in the request to waive a portion of
the required parking. The project is located in an area designated for specific
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area plans which a Specific Area Plan has not been adopted, therefore, a Site
Plan Review is required.
Delino reported that staff report describes this project well and noted it is
slightly smaller and requires slightly less parking than the existing restaurant.
He directed Commission's attention to colored rendering on the board and
noted that the existing restaurant has a front door facing Coast Highway, and
that the proposed front door faces the comer of Larkspur and Coast
Highway. The colored rendering indicates the type of proposed materials.
Garcia asked if the Commissioners had a copy of Addendum and additional
conditions and explained that plans submitted for the project had indicated
that a new curb cut was proposed on Coast Highway, however the Applicant
has indicated that this was an error. They were proposing to retain the
existing curb cut. However, Public Works had indicated a concern that the
curb does not meet current City Standards and therefore requires that it be
redesigned and replaced. Applicant has been apprised of this and they have
no problems doing so. Two other conditions are noted regarding proposed
landscaping and the existing retaining wall. Staff determined that landscaping
as required by Chapter 20.72 (10% of the total site area shall be devoted to
landscaped planting area) is not adequately described on the plans submitted
with the emphasis on East Coast Highway and Marguerite Avenue sides.
Public Hearing was opened:
Applicant Eric Hildebrand, Project Manager introduced the Applicant Mr.
Robert Wilkinson, an employee of Houston's Restaurant. Mr. Hildebrand
proceeded to distribute items that gave close up view of elevations, letters of
intent, fact sheets and examples of the menu.
Mr. Robert Wilkinson, Phoenix, Arizona, thanked the Commission for
considering the application and stated the addition of the restaurant will
enhance the area. The new building will fit within the neighborhood, more
than what is there now. This restaurant will be dinner only operation, no
entertainment, and is based on family and neighborhood. A bar is within the
restaurant, not separate, and is used only as a waiting area. There will be no
-10-
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drink specials and no entertainment. The concept is based on family. The
first restaurant is operational in Scottsdale and the second one soon to open
in Fairway, Kansas. The intent of the landscape is to be part of the
neighborhood. The menu is based on rotisserie, chicken and lamb all from
scratch. They have an eighteen year history of restaurant business and have
never had to close any operation.
Ridgeway asked Hildebrand to describe materials on the building. The staff
report was read by Hildebrand and he agrees with all the conditions within it.
Secondly, he introduced Mr. John Staley who is a Senior Associate
responsible for compliance with City conditions. The addendum has been
reviewed and agreed upon by ITildebrand and Applicant.
Mr. John Staley, Laguna Hills (Steven Langford, Architect), designer of
restaurant gave an in-depth description of outside materials of restaurant
including weathered shingle that would silver, yellow awnings, green glazed
roof tile, window frames are louvered with mahogany stain, incandescent
back light (controlled), entry will be made of cedar, trellis design with a
caramel stain. It will be subdued internally with residential scale and
architectural design.
Kranzley asked Wilkinson about the use of valet parking. Valet parking is
not to be used at the restaurant because it is a family restaurant and the cost
would have to go into menu prices or guests would have to pay. The
parking situation is adequate, they are not concerned with beach parking
filling up the lot. Also, because of family business, average table turn time is
45 minutes in Scottsdale.
Ridgeway confirmed with staff that public parking lot adjacent to the
restaurant has 33 stalls and 18 at lot across Larkspur as shown on the site
plan. They are not computed as part of this project, no formal agreement.
Adams asked staff if the application is set up to restrict hours of operation for
this permit to evening only. Staff answered that Applicant would have to
come back for another permit if they wanted to open for lunch. Adams
asked if 8 1/2 feet parking stalls are standard, Webb answered, "yes."
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Adams asked if any other businesses in the area formally use the adjacent
public parking areas to satisfy their parking requirements? Staff answered
none they are aware of.
Selich asked Wilkinson about the plans for the existing sign structure.
Wilkinson indicated the sign structure would be removed, however,
IPildebrand indicated it would be used. Selich also asked about the
appearance of the retaining wall down towards Bayside Drive. Selich asked
Applicant if he would be agreeable to a condition to improving the wall in
some way that is compatible with the building irrespective of what the
structural study indicates. I-lderbrand would architecturally treat the wall.
Thomson asked if the Applicant would, as an off set to the City, allow the
City to put parking meters on Applicant's lot for daytime use. Ridgeway
commented prior to answer by the Applicant that he felt that the City would
not be allowed to do that. Clauson stated that there is a concern about taking
private property for public use, and liability maintenance for the parking lot, if
lot is not chained offbecause of use by delivery trucks.
Gifford asked Wilkinson if he had reviewed the supplemental conditions
regarding landscape along the frontage of the parking lot as it curves around
the corner from Pacific Coast I-Eghway to Marguerite Avenue. Wilkinson
stated his understanding is that they have more than adequate landscape but
he would be willing to go forward with landscape as mentioned in the
condition. It makes reference to.the frontage where the restaurant is and not
necessarily where the parking lot is. Wilkinson stated that it does wrap
around and includes the frontage past the structure itself and Marguerite.
Selich indicated that a portion of land referred to at the comer of Coast
Aighway and MacArthur will be included in the landscape area. Applicant
may have to obtain an Encroachment Permit. This is covered under condition
29.
Phil Sansone, 215 Marguerite, Corona del Mar, chairman of the Corona del'
Mar Resident Association supported the project. In regards to the public
parking lot in question, he stated that it is the most undemsed lot in the City.
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He recommends that the Applicant chain lot to increase short term parking
facing Marguerite and long term parking for employees working on Bayside
Drive. If lot was opened, it will be full until 4 o'clock in the afternoon.
Sansone expressed concern with Applicant assuming responsibility of
landscape of wrap -around area due to liability. The community welcomes
this project.
Francis Boero and Eugene Boero, Trustees of property stated that the family
has owned the property for last 50 years and that the Bandera Restaurant will
address many of the resident complaints and improve area. It has been a long
search for the appropriate operator for this restaurant and they feel it would
be a great addition to the community.
Public Hearing was closed.
*
Motion was made for approval of Use Permit No. 3564 and Site Plan
:ion
as
*
*
*
*
*
*
Review No. 73 subject to the findings and conditions in Exhibit A and No. 30
cent
*
that the retaining wall shall be architecturally treated to the satisfaction of
Building Department and the Public Works Department.
Ridgeway noted that while the hours of operation applied for are 4 p.m. to
midnight, he would entertain discussion to change those hours from 11 a.m.
to 12 p.m. to give the Applicant the opportunity later to serve lunch or he
would defer discussion for a separate application or amendment to this Use
Permit however the Commission sees fit. Adams would prefer the Applicant
to return if they decide to pursue that.
Applicant was asked for input and stated that they would be happy to come
back to apply for additional time, but right now they are not interested in it.
Motion was voted, MOTION CARRIED
Finding,s:
1. That the proposed development is consistent with the General Plan and
is compatible with surrounding land uses.
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2. That adequate on -site parking is available for the existing and proposed
uses.
3. That the proposed development will not have any significant
environmental impact.
4. That the design of the proposed improvements will not conflict with
any easements acquired by the public at large for access through or use
of property within the proposed development.
5. That public improvements may be required of a developer per Section
20.80.060 of the Municipal Code.
6. That the waiver of development standards as they pertain to walls
surrounding the restaurant site and a portion of the required off-street
parking (43 spaces), will not be detrimental to surrounding properties.
7. That adequate provision for vehicular traffic circulation is being made
for the restaurant facility.
8. The approval of Use Permit No. 3564 will not, under the
circumstances of the case be detrimental to the health, safety, peace,
t
morals, comfort and general welfare of persons residing or working in
the neighborhood or be detrimental or injurious to property or
improvements in the neighborhood' or the general welfare of the City
and further that the proposed modification related to the proposed
signing is consistent with the legislative intent of Title 20 of this Code.
Conditions:
1. That development shall be in substantial conformance with the
�Pxolrlk
approved site plan, floor plan and elevations, except as noted below.
2. That a minimum of 24 parking spaces shall be provided on -site.
JbWAII/
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3. That the development standard pertaining to a portion of the required
parking (43 spaces) and walls shall be waived.
4. That all signs shall conform to the provisions of Chapter 20.06 of the
Municipal Code.
5. That grease interceptors shall be installed on all fixtures in the
restaurant where grease may be introduced into the drainage systems,
unless otherwise approved by the Building Department and the Public
Works Department.
6. That kitchen exhaust fans shall be designed to control smoke and odor
to the satisfaction of the Building Department.
7. That the proposed restaurant facility and related parking structure shall
conform to the requirements of the Uniform Building Code.
S. That the project shall comply with State Disabled Access requirements.
9. That all improvements be constructed as required by Ordinance and they
Public Works Department.
10. That arrangements be made with the Public Works Department in
order to guarantee satisfactory completion of the public
improvements, if it is desired to record a parcel map or obtain a
building permit prior to completion of the public improvements.
11. That the existing sewer lateral be inspected by the Utilities Division
and be brought up to current standards prior to occupancy of the
restaurant if it does not presently conform to current standards.
12. That the intersection of the private East Coast I-Eghway and the
private drive be designed to provide sight distance for a speed of 45
miles per hour. Slopes, landscape, walls and other obstruction shall
be considered in the sight distance requirements. Landscaping
within the sight line shall not exceed twenty-four inches in height.
-15-
----
57
�C
b Gt/,
OLD(
D
077U-�
PJ6 0 j
gAa
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13. That unused driveways be removed and replaced with curb, cutter
L'j,�18
J&_
and sidewalk; that deteriorated and displaced sections of sidewalk
be reconstructed along the East Coast Highway frontage; and that
the large bushes along the Larkspur Avenue parkway be removed in
order to provide site distance from the adjacent driveway. That all
ly) ril
work along the East Coast Highway frontage be completed under
an encroachment permit issued by the California Department of
Transportation and that all work along the Larkspur Avenue
frontage be completed under an encroachment permit issued by the
Public Works Department.
14. Disruption caused by construction work along roadways and by -19W517
movement of construction vehicles shall be minimized by proper
use of traffic control equipment and flagmen. Traffic control and
transportation of equipment and materials shall be conducted in
accordance with state and local requirements. There shall be no
construction storage or delivery of materials within the East Coast
Highway right-of-way.
15. That the on -site parking, vehicular circulation and pedestrian
—14M�
circulation systems be subject to further review by the City Traffic
Engineer.
16. That a valet operations plan shall be prohibited unless an amendment to
this use permit is approved by the Planning Commission.
()l` C
17. That all employees shall park on -site.
18. That the hours of operation shall be limited between 4:00 p.m. and77
12:00 midnight, daily.
l"
G
19. That all trash areas shall be screened from adjoining properties and
I :(r)A
d
streets.
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20. That the project shall be designed to eliminate light and glaze spillage
�lalo
on adjacent properties and public streets.
F'r
21. That no outdoor loudspeaker or paging system shall be permitted in
[ 6-
conjunction with the proposed operation.
22. That a washout area for refuse containers be provided in such a way as
to allow direct drainage into the sewer system and not into the Bay or
✓
storm drains, unless otherwise approved by the Building Department
u� W
and the Public Works Department.
23. That the introduction of dancing and/or live entertainment shall be
)ffr—1
prohibited unless an amendment to this use permit is first approved by
the Planning Commission.
24. That the approval is only for the establishment of a restaurant as
is
��i
defined by Title 20 of the Municipal Code, as the principal purpose
for the sale of food and beverages with sale and service of alcoholic
beverages incidental to the restaurant use.
25. That the building is required to provide the following, to the��
satisfaction of the Fire Department, for Fire Prevention purposes:
a. A U.L. Central Station monitored automatic fire
sprinkler system; and
b. AU.L. Standard 300 Fire Protection hood system; and
c. Emergency lighting and posted occupancy loads; and
d. The Fire Department connection shall be located on East
Coast Highway side of the property; and
e. The exit balcony must have another stair near the exit
door or rate all openings (windows) adjoining balcony.
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26. That the Planning Commission may add to or modify conditions of
approval to this Use Permit or recommend to the City Council the
revocation of this Use Permit, upon a determination that the operation
which is the subject of this Use Permit, causes injury, or is detrimental
to the health, safety, peace, morals, comfort, or general welfare of the
community.
27. That this Use Permit shall expire unless exercised within 24 months
��
from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
28. That the curb cut at the entry drive at East Coast Highway shall be
Five
redesigned and replaced n accordance with City Standards 166-L,
unless otherwise approved by the Public Works Department.
29. That landscaping shall be provided in accordance with Chapter 20.72
and further that particular attention for landscaping be provided on
East Coast Highway and Marguerite Avenue frontages of the subject
property, to minimize the visual impact of the parking lot area. That a/(/
landscape plan shall be approved to the satisfaction of the Planning
1 po `.
�( h
Department and the Public Works Department for visual treatment as
well as sight distance.
0. That a condition survey of the existing retaining wall be conducted toi
determine the structural integrity and that the recommendations of that
study shall be incorporated into the construction plans for the facility to
the satisfaction of the Building Department and the Public Works
Department. That the wall shall be architecturally treated, regardless of
the structural recommendations of the condition study, to the
satisfaction of the Planning Director.
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B. Site Plan Review No. 73
Findings:
1. That development -of the subject property will not preclude
implementation of specific General Plad or Specific Area Plan
objectives and policies.
2. That the value of property is protected by preventing development in
Specific Area Plan Areas characterized by inadequate and poorly
planned landscaping, excessive building bulk, inappropriate placement
of structures and failure to preserve where -feasible natural -landscape
features, open spaces, and the like, resulting in the impairment of the
benefits of occupancy and use of existing properties in such area.
3. That benefits derived from expenditures of public funds for
improvement, acquisition and beautification of streets, parks, and other
public facilities are maximized by the exercise of reasonable controls
over the layout and site location characteristics of the proposed
development
4. That unique site characteri
stics are protected in order to ensure that the I�
community may benefit from the natural terrain, harbor and ocean, to
preserve and stabilize the natural terrain, and to protect the
environmental resources of the City.
' S. That the site does not contain any unique landforms' such as coastal
bluffs.
6. That the development is compatible with the character of the
neighborhood and will contribute to the orderly and harmonious
development of surrounding properties and the City.
7. That there are no unique site characteristics or environmentally
sensitive areas on -site which should be protected.
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8. The property does not contain any areas of unique geologic hazards.
9. The development is consistent with the Land Use Element of the
General Plan of the City of Newport Beach and is compatible with
surrounding land uses.
10. That there are no archeological or historical resources on -site.
11. That the proposed development has been designed so as to prevent any
adverse effect on the neighboring residential property.
Conditions:
1. That all conditions of approval of Use Permit No. 3564 shall be
fulfilled.
2. That this Site Plan Review shall expire unless exercised within 24
months from the date of approval as specified in Section 20.01.070 K
of the Newport Beach Municipal Code.
ioner Adams.
ion
*
=Barsc efinitions -
Motion was made to continue to September 16th. MOT ARRIED.
Agenda
Item Nc
A 825
s
*
*
*
*
Continc
ant
*
*
+ * *
-20-
to 9/7/
PLAN CHECK CORRECTIONS
BANDARA RESTAURANT
PLAN CHECK #1755-95
3201 E. COAST HIGHWAY
4/8/96
6Provide
a tissue overlay of "net public area".
�ff
P3.2.
Note Sheet A-0 for Traffic Engineers Notes
Letter of compliance for the following conditions: 16, 17, 21, 23, & 24,.
4. Condition No. 20 requires that a letter submitted from the electrical engineer, stating that
this condition has been complied with in the design of the lighting.
q . . / f Landscape Plan on sheet L-3 should be routed to Public Works and Marci Lomeli in
t General Services for review and signature.
rr __ Condition Survey of the existing Retaining Wall (Condition #30) or letter.
Snatures Required:
w
1. Public Works
r 2. Building Dept.
+' 3. Fire Dept.
4. General Services.
5. Traffic Engineer v7
6. Planning Dept. � p i7r
Genia Garcia, Associate Planner 1 S
j4j v414 S�
{
M
Floor Plan fully dimensioned showing all room uses.
Plot Plan fully dimensioned showing location of all buildings,
relation to the property line.
Fair Share Contribution 1 / ////
AO .II . � �/ /%c�i n � �ru ��/� II//// 01
I '/
San Joaquin Hills Transportation
SPECIAL APPROVAL REQUIRED THROUGH:
ccc
fences, etc. in
Please indicate any discretionary approval numbers on the plans and
incorporate the attached; excerpt of minutes and
list of findings and conditions into the blueline drawings
approval letter into the blueline drawings
Modifications Committee: Indicate Approval No. on Bluelines
Modification required for
Planning Commission/Cit
Council:
Use Permit:
/
Variance:
No.
Resubdivision/Tract:
No.
Site Plan Review:
No.
Amendment:
No.
Other
�J'( 6
Public Works:
Easement/Encroachment Permit
Subdivision Engineer
Traffic Engineer
ofan Approval of Landscape Plans
Building Department:
Grading Engineer
t:
Approval of Landscape Plans
Coastal Development Permits:
Approval In Concept (AIC) No.
(Note: File 3 sets of plans: site, floor, and elevations)
Coastal Development Permit: No.
Effective Date:•
Waiver/Exemption: No.
Effective date:
Z]
r
0
//
NOTE: It is the responsibility of the applicant to circulate his plans and
obtain the necessary approvals from the departments checked above. If you
have questions regarding your application, ,please contact me at (714) 644-
k 00.
F0RH3\C0MhL0H.00R Rev. 7/95
COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS
i
�-
Telephone: (714) 644-3200
Genia Garcia Associate Planner,
By:Marc Myers, Associate Planner
Date: ✓�� ���J Address
Plan Check No: �� ��
By:Christy Teague, Associate Planner
Districting Map No. Description of Project: N
Zone\General Plan Land �Usee� /4 . SC i Proposed Use j�( (� —�
Corrections Required:
(✓/
Legal Description: Lot Block Section T ct
Resubdividion required to combine lots or portions of lots whe on
or alterations are in excess of $20�480.
Covenant required. Please have owner's signature notarized on the attached
document and return to me.
Lot Size/Tenant Sq. Footage
Required Setbacks
Front Right Side Left Side Rear
10
Lot area (site area sq.ft.):.
Sq. ft.
Base Development Allocation (BOA): Comm sq.ft.
(0.5 x site area sq.ft., unless otherwise specified in Land use Element)
FAR permitted, with/without variance: (A) comet res pkq
Square footage permitted: comet res pkq sq.ft.
((A) x site area sq.ft.l
PROPOSED DEVELOPMENT:
(C) Base FAR use sq,ft. Sq.ft.
(D) Reduced FAR use sq.ft. sq.ft.
(E) Maximum FAR use sq.ft. sq.ft.
(F) TOTAL SQ.FT. (C+D+E) sq.ft.
PROPOSED FAR: ( F + site area sq.ft. )
PROPOSED WEIGHTED DEVELOPMENT:
FAR Use Category Weighting Factor weighted Sq.Ft.
(G) (H) ( G x H 1
sq.ft. Base X 1.00 sq.ft.
sq.ft. Reduced X 1.67 aq.ft.
aq.ft. Maximum X 0.5� l� aq.ft. v.
TOTAL WEIGHTED SQ.FT. (May not exceed BD, T��C Ar S dilR+`y
+•TJ�c Provide tissue overlay of /hcallculations /tTo verify provided square g �
Parking (Indicate number of stalls provided)
Total on -Site Parking Required �' Provided
Dimension building height as mea u ed from natural grade to midpoint ndd
maximum ridge roof height
Show natural grade line on all elevations
Show all rooftop mechanical equipment and dimension from grade directly below.
location of trash containers on site plan.
COMMISSIONERS
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six feet or less in the front 30 feet along Dover Shore running 30 fee along
West Coast Highway.
Ridgeway suggested reversing the sales and parking areas t would make
the fence go away somewhat more, higher items could b displayed in the
back, during non -business hours the topiary"and landsc a area would be up
front and that would be consistent with shopping nters which have the
retail in the back and parking in front. As to the king, 14 cars would' be
adequate, stating that the Pottery Shack in La a Beach does not have one
parking stall. Re -design this and you woul a away bike trail concerns,
the site line concerns, and create somethi not as obtrusive to 55,000 cars
per day.
Motion
*
Motion was made for approval f Use Permit No. 3562 subject to the
Noes
findings and conditions in E bit A also inclusive of the height limit as
Ayes
*
*
described on Page 11 of the aff packet. MOTION FAILED.
Absent
Commissioner ams asked to be excused by 9:00 tonight and stated that
the next item iay conclude by that time but he would stay until 9:00. He
wanted to ank staff for the inclusion of items and issues that he brought up
at the la meeting regarding the restaurant application. He was pleased to
see t inclusions in the staff report. They made a difference to him. Gifford
we on record to support these comments.
SUBJECT: Bandera Restaurant (A Houston's Restaurant)
Agenda
3201 East Coast Highway
Item No.
Use Permit No. 3564 (Public Hearing)
Site Plan Review No. 73
Approved
Request to permit the demolition of an existing restaurant (former Corona
Cafe) and the construction of a new full service restaurant with on -sale
alcoholic beverage service. Also included in the request to waive a portion of
the required parking. The project is located in an area designated for specific
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area plans which a Specific Area Plan has not been adopted, therefore, a Site
Plan Review is required.
Delino reported that staff report describes this project well and noted it is
slightly smaller and requires slightly less parking than the existing restaurant.
He directed Commission's attention to colored rendering on the board and
noted that the existing restaurant has a front door facing Coast Highway, and
that the proposed front door faces the comer of Larkspur and Coast
Highway. The colored rendering indicates the type of proposed materials.
Garcia asked if the Commissioners had a copy of Addendum and additional
conditions and explained that plans submitted for the project had indicated
that a new curb cut was proposed on Coast Highway, however the Applicant
has indicated that this was an error. They were proposing to retain the
existing curb cut. However, Public Works had indicated a concern that the
curb does not meet current City Standards and therefore requires that it be
redesigned and replaced. Applicant has been apprised of this and they have
no problems doing so. Two other conditions are noted regarding proposed
landscaping and the existing retaining wall. Staff determined that landscaping
as required by Chapter 20.72 (10% of the total site area shall be devoted to
landscaped planting area) is not adequately described on the plans submitted
with the emphasis on East Coast Highway and Marguerite Avenue sides.
Public Hearing was opened:
Applicant Eric Hildebrand, Project Manager introduced the Applicant Mr.
Robert Wilkinson, an employee of Houston's Restaurant. Mr. Hildebrand
proceeded to distribute items that gave close up view of elevations, letters of
intent, fact sheets and examples of the menu.
Mr. Robert Wilkinson, Phoenix, Arizona, thanked the Commission for
considering the application and stated the addition of the restaurant will
enhance the area. The new building will fit within the neighborhood, more
than what is there now. This restaurant will be dinner only operation, no
entertainment, and is based on family and neighborhood. A bar is within the
restaurant, not separate, and is used only as a waiting area. There will be no
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drink specials and no entertainment. The concept is based on family. The
first restaurant is operational in Scottsdale and the second one soon to open
in Fairway, Kansas. The intent of the landscape is to be part of the
neighborhood. The menu is based on rotisserie, chicken and lamb all from
scratch. They have an eighteen year history of restaurant business and have
never had to close any operation.
Ridgeway asked Hildebrand to describe materials on the building. The staff
report was read by I-Eldebrand and he agrees with all the conditions within it.
Secondly, he introduced Mr. John Staley who is a Senior Associate
responsible for compliance with City conditions. The addendum has been
reviewed and agree&upon by Hildebrand and Applicant.
Mr. John Staley, Laguna Hills (Steven Langford, Architect), designer of
restaurant gave an in-depth description of outside materials of restaurant
including weathered shingle that would silver, yellow awnings, green glazed
roof tile, window frames are louvered with mahogany stain, incandescent
back light (controlled), entry will be made of cedar, trellis design with a
caramel stain. It will be subdued internally with residential scale and
architectural design.
Kranzley asked Wilkinson about the use of valet parking. Valet parking is
not to be used at the restaurant because it is a family restaurant and the cost
would have to go into menu prices or guests would have to pay. The
parking situation is adequate, they are not concerned with beach parking
-filling up the lot. Also, because of family business, average table turn time is
45 minutes in Scottsdale.
Ridgeway confirmed with staff that public parking lot adjacent to the
restaurant has 33 stalls and 18 at lot across Larkspur as shown on the site
plan. They are not computed as part of this project, no formal agreement.
Adams asked staff if the application is set up to restrict hours of operation for
this permit to evening only. Staff answered that Applicant would have to
come back for another permit if they wanted to open for lunch. Adams
asked if 8 1/2 feet parking stalls are standard, Webb answered, "yes."
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Adams asked if any other businesses in the area formally use the adjacent
public parking areas to satisfy their parking requirements? Staff answered
none they are aware of.
Selich asked Wilkinson about the plans for the existing sign structure.
Wilkinson indicated the sign structure would be removed, however,
HTddebrand indicated it would be used. Selich also asked about the
appearance of the retaining wall down towards Bayside Drive. Selich asked
Applicant if he would be agreeable to a condition to improving the wall in
some way that is compatible with the building irrespective of what the
structural study indicates. Hilderbrand would architecturally treat the wall.
Thomson asked if the Applicant would, as an off set to the City, allow the
City to put parking meters on Applicant's lot for daytime use. Ridgeway
commented prior to answer by the Applicant that he felt that the City would
not be allowed to do that. Clauson stated that there is a concern about taking
private property for public use, and liability maintenance for the parking lot, if
lot is not chained offbecause of use by delivery trucks.
Gifford asked Wilkinson if he had reviewed the supplemental conditions
regarding landscape along the frontage of the parking lot as it curves around
the corner from Pacific Coast highway to Marguerite Avenue. Wilkinson
stated his understanding is that they have more than adequate landscape but
he would be willing to go forward with landscape as mentioned in the
condition. It makes reference to the frontage where the restaurant is and not
necessarily where the parking lot is. Wilkinson stated that it does wrap
around and includes the frontage past the structure itself and Marguerite.
Selich indicated that a portion of land referred to at the corner of Coast
ITighway and MacArthur will be included in the landscape area. Applicant
may have to obtain an Encroachment Permit. This is covered under condition
29.
Phil Sansone, 215 Marguerite, Corona del Mar, chairman of the Corona del
Mar Resident Association supported the project. In regards to the public
parking lot in question, he stated that it is the most underused lot in the City.
_12_
Moi
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He recommends that the Applicant chain lot to increase short term parking
facing Marguerite and long term parking for employees working on Bayside
Drive. If lot was opened, it will be full until 4 o'clock in the afternoon.
Sansone expressed concern with Applicant assuming responsibility of
landscape of wrap -around area due to liability. The community welcomes
this project.
Francis Boero and Eugene Boero, Trustees of property stated that the family
has owned the property for last 50 years and that the Bandera Restaurant will
address many of the resident complaints and improve area. It has been a long
search for the appropriate operator for this restaurant and they feel it would
be a great addition to the community.
Public Hearing was closed.
:ion
*
Motion was made for approval of Use Permit No. 3564 and Site Plan
:s
*
*
*
*
*
*
Review No. 73 subject to the findings and conditions in Exhibit A and No. 30
:ent
*
that the retaining wall shall be architecturally treated to the satisfaction of
Building Department and the Public Works Department.
Ridgeway noted that while the hours of operation applied for are 4 p.m. to
midnight, he would entertain discussion to change those hours from 11 a.m.
to 12 p.m. to give the Applicant the opportunity later to serve lunch or he
would defer discussion for a separate application or amendment to this Use
Permit however the Commission sees fit. Adams would prefer the Applicant
to return if they decide to pursue that.
Applicant was asked for input and stated that they would be happy to come
back to apply for additional time, but right now they are not interested in it.
Motion was voted, MOTION CARRIED
Findings:
1. That the proposed development is consistent with the General Plan and
is compatible with surrounding land uses.
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2. That adequate on -site parking is available for the existing and proposed
uses.
3. That the proposed development will not have any significant
environmental impact.
4. That the design of the proposed improvements will not conflict with
any easements acquired by the public at large for access through or use
of property within the proposed development.
5. That public improvements may be required of a developer per Section
20.80.060 of the Municipal Code.
6. That the waiver of development standards as they pertain to walls
surrounding the restaurant site and a portion of the required off-street
parking (43 spaces), will not be detrimental to surrounding properties.
7. That adequate provision for vehicular traffic circulation is being made
for the restaurant facility.
8. The approval of Use Permit No. 3564 will not, under the
circumstances of the case be detrimental to the health, safety, peace,
morals, comfort and general welfare of persons residing or working in
the neighborhood or be detrimental or injurious to property or
improvements in the neighborhood or the general welfare of the City
and further that the proposed modification related to the proposed
signing is consistent with the legislative intent of Title 20 of this Code.
Conditions:
1. That development shall be in substantial conformance with the
approved site plan, floor plan and elevations, except as noted below.
2. That a minimum of 24 parking spaces shall be provided on -site.
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3. That the development standard pertaining to a portion of the required
parking (43 spaces) and walls shall be waived.
4. That all signs shall conform to the provisions of Chapter 20.06 of the
Municipal Code.
5. That grease interceptors shall be installed on all fixtures in the
restaurant where grease may be introduced into the drainage systems,
unless otherwise approved by the Building Department and the Public
Works Department.
6. That kitchen exhaust fans shall be designed to control smoke and odor
to the satisfaction of the Building Department.
7. That the proposed restaurant facility and related parking structure shall
conform to the requirements of the Uniform Building Code.
8. That the project shall comply with State Disabled Access requirements.
9. That all improvements be constructed as required by Ordinance and the
Public Works Department.
10. That arrangements be made with the Public Works Department in
order to guarantee satisfactory completion of the public
improvements, if it is desired to record a parcel map or obtain a
building permit prior to completion of the public improvements.
11. That the existing sewer lateral be inspected by the Utilities Division
and be brought up to current standards prior to occupancy of the
restaurant if it does not presently conform to current standards.
12. That the intersection of the private East Coast highway and the
private drive be designed to provide sight distance for a speed of 45
miles per hour. Slopes, landscape, walls and other obstruction shall
be considered in the sight distance requirements. Landscaping
within the sight line shall not exceed twenty-four inches in height.
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13. That unused driveways be removed and replaced with curb, cutter
and sidewalk; that deteriorated and displaced sections of sidewalk
be reconstructed along the East Coast Mghway frontage; and that
the large bushes along the Larkspur Avenue parkway be removed in
order to provide site distance from thb adjacent driveway. That all
work along the East Coast Highway frontage be completed under
an encroachment permit issued by the California Department of
Transportation and that all work along the Larkspur Avenue
frontage -be completed under an encroachment permit issued by the
Public Works Department.
14. Disruption caused by construction work along roadways and by
movement of construction vehicles shall be minimized by proper
use of traffic control equipment and flagmen. Traffic control and
transportation of equipment and materials shall be conducted in
accordance with state and local requirements. There shall be no
construction storage or delivery of materials within the East Coast
Highway right-of-way.
15. That the on -site parking, vehicular circulation and pedestrian
circulation systems be subject to further review by the City Traffic,
Engineer.
16. That a valet operations plan shall be prohibited unless an amendment to
this use permit is approved by the Planning Commission.
17. That all employees shall park on -site.
18. That the hours of operation shall be limited between 4:00 p.m. and
12:OO midnight, daily.
19. That all trash areas shall be screened from adjoining properties and
streets.
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20. That the project shall be designed to eliminate light and glare spillage
on adjacent properties and public streets.
21. That no outdoor loudspeaker or paging system shall be permitted in
conjunction with the proposed operation.
22. That a washout area for refuse containers be provided in such a way as
to allow direct drainage into the sewer system and not into the Bay or
storm drains, unless otherwise approved, by the Building Department
and the Public Works Department.
23. That the introduction of dancing and/or live entertainment shall be
prohibited unless an amendment to this use permit is first approved by
the Planning Commission.
24. That the approval is only for the establishment of a restaurant as
defined by Title 20 of the Municipal Code, as the principal purpose is
for the sale of food and beverages with sale and service of alcoholic
beverages incidental to the restaurant use.
25. That the building is required to provide the following, 'to the
satisfaction of the Fire Department, for Fire Prevention purposes:
a. A U.L. Central Station monitored automatic fire
sprinkler system; and
b. A U.L. Standard 300 Fire Protection hood system; and
c. Emergency lighting and posted occupancy loads; and
d. The Fire Department connection shall be located on East
Coast Highway side of the property; and
e. The exit balcony must have another stair near the exit
door or rate all openings (windows) adjoining balcony.
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26. That the Planning Commission may add to or modify conditions of
approval to this Use Permit or recommend to the City Council the
revocation of this Use Permit, upon a determination that the operation
which is the subject of this Use Permit, causes injury, or is detrimental
to the health, safety, peace, morals, comfort, or general welfare of the
community.
27. That this Use Permit shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
28. That the curb cut at the entry drive at East Coast nghway shall be
redesigned and replaced n accordance with City Standards 166-L,
unless otherwise approved by the Public Works Department.
29. That landscaping shall be provided in accordance with Chapter 20.72
and further that particular attention for landscaping be provided on
East Coast Highway and Marguerite Avenue frontages of the subject
property, to minimize the visual impact of the parking lot area. That a
landscape plan shall be approved to the satisfaction of the Planning
Department and the Public Works Department for visual treatment as
well as sight distance.
30. That a condition survey of the existing retaining wall be conducted to,
determine the structural 'integrity and that the recommendations of that
study shall be incorporated into the construction plans for the facility to
the satisfaction of the Building Department and the Public Works
Department. That the wall shall be architecturally treated, regardless of
the structural recommendations of the condition study, to the
satisfaction of the Planning Director.
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B. Site Plan Review No. 73
Findines:
1. That development of the subject property will not preclude
implementation of specific General, Plan or Specific Area Plan
objectives and policies.
2. That the value of property is protected by preventing development in
Specific Area Plan Areas characterized by inadequate and poorly
planned landscaping, excessive building bulk, inappropriate placement
of structures -and -failure -to -preserve -where -feasible natural landscape
features, open spaces, and the like, resulting in the impairment of the
benefits of occupancy and use of existing properties in such area.
3. That benefits derived from expenditures of public funds for
improvement, acquisition and beautification of streets, parks, and other
public facilities are maximized by the exercise of reasonable controls
over the layout and site location characteristics of the proposed
development.
4. That unique site characteristics are protected in order to ensure that the
community may benefit from the natural terrain; harbor and ocean, to
preserve and stabilize the natural terrain, and to protect the
environmental resources of the City.
5. That the site does not contain any unique landforms such as coastal
bluffs.
6. That the development is compatible with the character of the
neighborhood and will contribute to the orderly and harmonious
development of surrounding properties and the City.
7. That there are no unique site characteristics or environmentally
sensitive areas on -site which should be protected.
-19-
Mot
Aye
Abs
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8. The property does not contain any areas of unique geologic hazards.
9. The development is consistent with the Land Use Element of the
General Plan of the City of Newport Beach and is compatible with
surrounding land uses.
10. That there are no archeological or historical resources on -site.
11. That the proposed development has been designed so as to prevent any
adverse effect on the neighboring residential property.
Conditions:
1. That all conditions of approval of Use Permit No. 3564 shall be
fulfilled.
2. That this Site Plan Review shall expire unless exercised within 24
months from the date of approval as specified in Section 20.01.070 K
of the Newport Beach Municipal Code.
n Ridgeway excused Commissioner Adams.
Agenda
SUBJECT: Bars & Theaters�ghtc efinitions -
Item N
*
Motion was made to continue to September 16th. MOT ARRIED.
A 825
.ion
s
*
*
*
*
Contin
ent
*
* * *
to 9/7/
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o. 4 1
ued
95