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HomeMy WebLinkAbout2633 W COAST HWY_SHAMROCK COFFEE*NEW FILE* 2633 W Coast Hwy City of Newport Beach 'Planning Commission Minutes INDEX January 9, 1997 3. ECT: 4101 Birch Street, Suite 205 Item No. 3 Lindamood-Bell Learning Center (Kimberly Worrell, applicant) UP No. 3596 • Use Permit No. 3596 Establish an instructional facTrfy-4 ecializing in the language and cognitive skills Continued to development of children and adults' ' e 5toadult) within an existing commercial 2/6/97 office complex. At the request of the applicant and with Planning Dept a�t+ oncurrence, this item is continued to February6,1997.- 4. SUBJECT: 2633 West Coast Highway Shamrock Bar and Grill (Christina Duggan, applicant) Use Permit No. 1816 (Amended) Amend the existing use permit of an existing restaurant/bar and grill to allow an expansion into a neighboring commercial tenant space. The application requests: an increase the net public area; • the expansion of the area devoted to live entertainment; • a request to waive a portion of the required off-street parking; and the continued waiver of specific restaurant development standards. Mr. Jay Garcia reported that the original restaurant was established prior to the requirement of a Use Permit for such a use. Subsequent changes to the building and the approval of UP No. 1816 established the facility as a coffee shop type restaurant. The permit was later amended in 1986 to increase the hours of operation to 24 hours a day. The current owner purchased the business in 1992 and have operated it as a bar and grill since then. Amendment to the Municipal Code in 1994 established strict definitions of a bar and restaurant. Restaurant is defined as a place of business with principal purpose to sell and/or serve food products and beverages for consumption on the premises. A bar is defined as a place of business with principal purpose to sell or serve alcoholic beverages on the premises. Based on these definitions and the charactedsticsof the existing operation, the facility is considered a bar. Mr. Garcia highlighted the staff report emphasizing the following: proposed expansion would increase facility gross area by 30% and net public area by 69% Staff has evaluated issues relating to: • off street parking • live entertainment • hours of operation • restaurant development standards Item No. 4 UP No 1816 A Approved City of Newport Beach Planning Commission Minutes January 9, 1997 INDEX Mr. Garcia concluded that the applicant has indicated they do not open earner than 6:00 a.m. and typically do not close later than 2:00 a.m. although the Use Permit allows the facility to be open 24 hours a day. Applicant has agreed to changing the hours of operation and surrendering the 24 hours operation by limiting the hours to 6:00 a.m. to 2:00 a.m. daily. Commissioner Selich asked staff about the net public area, seating arrangements and occupancy numbers. Staff answered that occupancy was determined 1) the Fire Department and is based on the seating that is utilized and the characteristics of the facility. Parking is based on the net public area. Discussion followed regarding the reduction of the net public area scenarios. Commissioner Kranzley asked about the outdoor patio area that is now enclosed. Could the applicant come back and apply for an Outdoor Dining Permit? Staff answered yes, however, they would have to find a location that would not affect any existing parking. Commissioner Kranzley then asked about noticing groups that are in the process of doing comprehensive planning/studies, Le... BPPAC and Mariners' Mile. Staff answered that this is not common practice, but, this is a good point and will therefore implement this procedure in the future. Chairperson Adams asked about the crime statistics on page 9 in the staff report and the period covered. Staff answered that it is for the most recent 12 month period. Regarding the parking, he asked if staff had observed any problems and about potential problems with all employees parking on -site. Staff answered that through personal observationsin morning and at lunch times there have been parking spaces available. Chairperson Adams then asked about balloons being used as advertisement and suggests that balloons be considered the some as temporary signs and be included in Condition Number23. At Commission query regarding in -lieu parking spaces, staff commented that these are not actual parking spaces, rather it is a program that was paid into for future parking programs. This establishment is involved in this program and is current with payments. Public Hearing was opened. Ms. Christina Duggan, applicant, 2188 Palmer Street, Costa Mesa - spoke to the Commission asking for approval, particularly since the food menu has become so popular. She is trying to change the establishment from a bar look to a family type restaurant, a place where families could come. At Commission query, Ms. Duggan said she has read, understands and agrees to the findings and conditions as presented in the staff report. Mr. Jim Parker, landlord of 2633 West Coast Highway, responded to staff's recommendations on the net public area of 1,000 sq. ft for daytime and 1,480 sq. ft for nighttime. Both the applicant and landlord agreed to accept these. 7 City of Newport Beach Planning Commission Minutes January 9, 1997 Ms. Duggan stated that the live entertainmentwill be the same as it has been. There are no changes anticipated. Staff ascertained that compliance with all of the conditions of approval will address any concerns of sound amplification. The continued operation with amplified music would therefore be acceptable. Mr. Jim Lamb, 304 E. Balboa Blvd.- operator of a business (marine hardware) at 2633 West Coast Hwy spoke to the Commission about the letter he had sent regarding the space that the Shamrock Bar is proposing to move into that he is currently leasing from the landlord. A copy of the letter was presented to the applicant. This proposed expansiohwould take up to half of his existing retail operation. Staff answered that the property owner had indicated that it is his hope to reorganize the tenants use of the various spaces. it should be noted that this is an issue between the tenants and the landlord. This approval can only be implemented if all agreements and relationships between the landlord and various tenants can be achieved. At Commission inquiry, Mr. Lamb stated that there have been a few days where parking has been a problem. His business has three assigned spaces for customers and on occasion these spaces have been taken up by bar patrons. The bar people have worked with him and moved the cars. The spaces on the street are also used by his customers. Generally, there is not a parking problem. He stated that he is concerned with parking if the bar will be bigger and have larger accommodations for lunch. Chairperson Adams pointed out that while Commission is considering an expansion of this facility, the use will be limited during the day hours, specifically to mitigate any parking problems. Public Hearing was closed. Commissioner Ridgeway asked of the possibility of limiting neon signs within the Window or on the property. He is concerned with the aesthetics and creation of "carnival" atmosphere. Ms. Duggan, at Commission inquiry, stated if a condition is introduced that required the removal of the signs, she would not oppose it. Mrs. Wood then offered the following verbiage for a proposed condition,'That no window signs, other than business identification or open/closed signs allowed by Title 20 of the Newport Beach Municipal Code shall be permitted:' CommissionerAdams then brought up the subject of rnoise carrying out onto the bay. INDEX City of Newport Beach Planning Commission Minutes INDEX January 9, 1997 He suggests some condition to address the possible reinstatement of the ouiaoor dining. Discussion continued with the geographical location of the 'dining and potential amplification of sound. it was decided that the location is removed by a field of parking and the narrowness of the area in question. Motion was made by Commissioner Ridgeway for approval of Use Permit No. 1816 (Amended) subject to the findings and amended conditions in Exhibit A. The inclusion of balloons in condition no. 23 and additional condition no. 30 to read: 'That no window signs, other than business identification or open/closed signs allowed by Title 20 of the Newport Beach Municipal Code shall be permitted:' Ayes: Ridgeway, Kranziey, Adams, Selich and Ashley Noes: None Absent: Gifford Abstain: None Findings 1. That the proposed development is consistent with the General Plan and is compatiblewith surrounding land uses. 2. That this project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class (Existing Facilities). 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4. That the waiver of development standards as they pertain to parking and traffic control, walls (surrounding the restaurant site), landscaping and lighting meets the purpose of intent of the development standards as apply to restaurants and will not be achieved to any greater extent by strict compliance with those requirements if the Planning Commission approves this application, for the following reasons: The existing physical characteristics of the site are not proposed to be altered. Walls would adversely impact existing public views enjoyed from Coast Highway and neighboring properties on either side of the subjecl property. The expansion of the restaurant/bar facility does not constitute a significant change to warrant an increase in landscape area and the addition of landscaping would be at the rear of the property behinc the building which would not enhance streetscape views from Coas Highway. r• ^� t i City of Newport Beach Planning Commission Minutes INDEX January 9,1997 The applicant is only one tenant of the multi -tenant and should not be burdened for major improvements which would not otherwise apply to other uses on site. • The existing parking lot lighting is not proposed to be altered; there have not been any past complaints related to lighting; and to burden the applicantwith the cost of redesigning the lighting in the parking lot would be unreasonablewhen the some result of intent of purpose can be achieved by the redirection of existing light sources. That the same purpose of intent of the required walls surrounding the property to control noise can be achieved by the limitation on the, hours of operationwill alleviate potential noise problems. 5. The approval of Use Permit No. 1816 (Amended) will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, for the following reasons: The existing parking is adequate to accommodate the proposed expansion and the remaining uses and the current on -site parking (33 spaces) remains available for the existing and proposed uses on a first come first served basis. • As a result of the conversion of the retail space to additional bar/restaurantuse, the overall parking demand for the property will be reduced, based on a comparison of the parking requirements for those uses, as specified by the Municipal Code. • Adequate provision for vehicular traffic circulation currently exists for the bar/restaurantfacility and no problems or complaints have arisen as a result of the existing facility. The live entertainment as limited by this approval will alleviate any noise concerns associated with the proposed expansion and the existing 4se and will reduce the potential demand for police services in the area. • The proposal will not add a new liquor license to an overconcentrated area, but allow the expansion of an existing business. • The expanded establishment is anticipated to operate in generally the manner as the existing establishment which has resulted in a low number of police and Department of Alcoholic Beverage Control problems. Conditions: 1. That development shall be insubstantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That a minimum of one parking space for each 40 sq.ft. of "net public area" " OL/ (daytime 1,000 sq.ft with 21 spaces and 4 in -lieu spaces; 1,480 sq.ft. nigh� City of Newport Beach - Planning Commission Minutes January 9, 1997 with 33 spaces and 4 in -lieu parking spaces) shall be proviaea on -sire. H physicai barrier or partition with a minimum height of 42 inches, with design acceptable to the Planning Department, shall be utilized to reduce the net public area to a maximum of 1,000 sq.ft. during the hours of 6:00 a.m. and 5:30 p.m., daily (nighttime maximum net public area 1,480 sq.ft.). 3. That a minimum of 12 parking spaces shall be made available for the other uses on site at a minimum of one space for each 250 square feet of gross floor area, on a first come first served basis. 4. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code. 5. That the proposed restaurant facility and related parking lot striping shall conform to the requirements of the Uniform Building Code and City of Newport Beach Standard Drawings, unless otherwise approved by the Building Department and the City Traffic Engineer. 6. That the project shall complywith State Disabled Access requirements. 7. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to furtherreview by the City Traffic Engineer. 10. That all employees shall park on -site. That all applicable conditions of approval of Use Permit No. 1816 as approved and amended on February 10, 1977, July 23. 1981, November 20, 1.986 and June 10, 1993, shall remain in force. That the hours of operation shall be limited between the hours of 6:00 a.m. and 2:00 a.m. daily, unless an amended use permit is approved by the Planning Commission. That the live entertainment shall be limited to between the hours of 9:00 p.m. and 1.00 a.m., daily. Any increase in the hours of the live entertainment shall require an amendment to the use permit, with the exception of holidays and special events (e.g., St. Patrick's Day) which shall be subject to the approval of a special event permit issued by the Revenue Division and approved by the Planning Department and the Police Department prior to issuance. That any increase in the type of live entertainment provided or increase in the number of performers beyond musicians and/or vocalists totaling more than three performers at any one time shall be subject to the approval of an amendment to this use permit. That the doors and windows of the facility shall remain closed at all times during the performance of live entertainment or use of other amplified sound or recorded music. INDEX ON] I/ I/ N^t�, l City of Newport Beach Planning Commission Minutes January 9,1997 12. That the live entertainment shall limited to a location within the building or be located in such a way that the structures on site provide a barrier between the entertainment area and exterior property lines. 13. That the noise generated by the live entertainment shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than 55 dBA at any property line. 14. That the applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment to insure compliance with these conditions, unless otherwise approved by the Planning Director. 15. That the area outside of the food establishment, including the public sidewalks or walkways, shall be maintained in a clean and orderly manner. That the operator of the food service use shall be responsible for the clean-up of all on - site and off -site trash, garbage and litter generated by the use. 16. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 17. That the project shall be designed to eliminate light and glare spillage onto adjacent properties or uses. That prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the Planning Department that the exterior lighting system been evaluated and the light sources redirected or shielded, and maintained in such a manner as to conceal the -light source and to minimize light spillage and glare to the adjacent properties. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City, with a letter from the engineer stating that, in his opinion, this requirement has been met. 18. That storage outside of the building in the front or at the rear of the property shall be prohibited with the exception of the required trash container enclosure. 19. That all trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick-up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 20. That the applicant shall maintain the trash dumpsters or receptacles so as tc control odors which may include the provision of fully self contained dumpster: 12 INDEX it 11 nl U City of Newport Beach - Planning Commission Minutes January 9, 1997 INDEX or may include periodic steam cleaning of the dumpsters, if deemea necessary by the Planning Department. 21. That no outside paging system shall be utilized in conjunction with this facility. 22. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 23. That no temporary"sandwich"signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the establishment, unless specifically permitted. Temporary signs shall be prohibited in the public right- of-way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 24. That kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 25. That where grease may be introduced into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing, Code, unless otherwise approved by the Building Department and the Utilities Department. 26. That a covered wash -out area for refuse containers and kitchen equipment shall be provided and the area drains directly into the sewer system unless otherwise approved by the Building Director and Public Works Director in conjunctionwith the approval of an alternative drainage plan. 27. That Coastal Commission approval shall be obtained prior to issuance of any building permits. 28. That4he 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. 29. 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 Municipa Code. 30. That no window signs, other than business identification or open/closed signs 13 City of Newport Beach Planning Commission Minutes January 9, 1997 5. \SUBJECT: Variance handrails by Title 20 of the Newport Beach Municipal Code snail oe permiTTea. 2209 Cliff Drive Bechier Residence (T. Wells & M. Noble Inc., applicant) • Variance No. 1212 (continued from December 19,1996) for the construction of a single family dwelling where the required roof decks exceed the permitted height limit in the 24/28 Height Ms. Temple prese ed the staff report stating that this variance is too exceed the height limit. This is continued item from December 191h. During that time the applicant has submittZ4 revised plans that show the entire building has been lowered by approximately one f t and where there were previously two decks with required handrails that exceeded e building height envelope, one of the decks is now in compliance with the heigk limit requirement. Based on these revised plans, a supplemental staff report st es that the requested variance was necessary to preserve a substantial property rn ht. A copy of the letter from Mr. Rojas w\Wt ented to the applicants. T. Wells and M. Noble, Inc., 3094Green Drive, Laguna Nigel - presented a model and explained the topograints of the house, road and neighbors. In response to Commission inquiry, Mr. Wells st d that they have read, understand and agree to the findings and conditions of the Variance No. 1212 attached to both reports. Public Hearing was closed. Motion was made by Commissioner Selich to appr\adonce 1212 subject to the findingsand conditionsin ExhibitA. Ayes: Ridgeway, Kranzley, Adams, Seli Noes: None Absent: Gifford Abstain: None Findings: 1. That the proposed development is consistent with the General PI since a single family dwelling is a permitted use within the Single -Family R 'dentiai designation. 2. That this project has been reviewed, and it has been determined that i is categorically exempt from the requirements of the California Environment 14 INDEX Item No. 5 V 1212 Approved CONDITIONS OF APPROVAL USE PERMIT #1816A 2633 WEST COAST HWY PC #2017-93 CONDITION 1. Substantial conformance 2. Signage 3. Washout area 4. Grease interceptors 5. Exhaust fan 6. Develop.stds. 7. Dancing 8. Sound System 9. Employee parking 10.Trash/mechanical equip. screened li.previous conditions 12.parking spaces 13.Live Entertainment Permit 14.Onsite-parking available 15.Coastal Comm. Approval 16. N/A 17. N/A DEPT, ACTION Planning Plans Approval Planning Letter of Compliance Separate permit Building Public Works Building Public Works Building Planning Waived Planning Letter of Compl. Planning Letter of Compl. Planning Letter of Compl. Planning Plans approval hold on final Planning letter of compl. Planning Plans Approval Traffic Engineer Licensing Dept. Provide proof of permit Planning Letter of compl. Received I II ®�,1'1 1giltlawgullw I'i�������������� I I JOHN PAUL SOLIS - PLANNER COMMERCIAL a INTERIOR o PLANNING 3857 BIRCH, ST. SUITE 110 NEWPOAT BEACH,CA. 92662 (11 geBr'.o�.i -- AREA BREAKDOWN EXISTING 1507 ' SF . PROPOSED 936'SF TOTAL 2506 SF USAGE BREAKDOWN PATIO KITCHEN NEW DINING 619 SF RETAIL 166 SF COLDROOM 40 SF REAR DINING 285 SF REAR PATIO 170 SF KITCHEN 354 SF SERVICE 110 SF BAR&SET-UP 189 SF BAR (PUBLIC 473 SF -- ------_....MISC. 43 SF y .. _j TOTAL 2506 SF BUILDING USAGE BREAKDOWN' (SIT) SHEET 1 OF 3 { 2 n PATIO I I KITCHEN DINING AREA 1`7 z 0 a m 0 la, M. SERVING - 6" -- � 00 0 OF-10 00 DINING AREA O O 5'WIDE DOORWAY O O TABLES AND CHAIRS TO MATCH EXISTING 5'WIDE OPE kNG 9" COUNTER------. 4' PA TITIO N 4' PARTITI CONCRETE FLOOR FINISHED WITH O PAINT# AND SEAL COAT BOOTH O PROPOSED FIREPLACE 6' WIDE BY 12" DEEP LL O O TH PARTITION WALLLL 47X2" STUDS 24" O.0 LL 00 6" SOUND INSULATED BOOTH SHEETROCK PARTITION 9" COUNTE 00 WALL DETAIL TO MATCH O O LOUNGE & DINING EXISTING FALSE BEAM TUDOR STYLE COPPER FLUE T W000 MANTLE POKER AND TONGS., Fl irf*irlilirw srs • Iorororls N �■ IN III SERVING 5'WIDE OPENING SE]RVII O O O O O O O O O El O O O O O O o O O O O--- L O 0 O Ov O O C m m Go 5'WIDE. OPENING O O co)O g O O O O O 00 0 5' 10' 15' tE GRILL, (ANTIQUE) SCALE:1" =5' t FIXTURES & FITTINGS. SHEET,3 OF 3 COMMERCIAWINDUSTRIAL ZONING CORRECTIONS Telephone: (714) 644-3200 By:Genia Garcia. Associate Planner By:Marc Myers, pAssistant Planner Date: &_ , _2 Address: Districting Map No. Plan Check By:Chriety Teacue. Associate Planner Land Use Element Page No. Corrections Required: �f /Q Legal Description: Lot '/ Block Section Tract Resubdivision required'to combine lots or portions of lots when construction or alterations are in excess of $20,000. Covenant required. Please have ownerla signature notarized on the attached document and return to me. Lot Size Zone Lt c Proposed Use Required Setback Front Rear Right Side Left Side FAR WORKSHEET Lot area (site area sa.ft.): sq.ft. Base Development Allocation (BDA): Comm sq.ft. [0.5 x site area sq.ft., unless otherwise specified in Land Use Element] FAR permitted, without variance: (A) Comm res vka Square footage permitted: Comm res vka sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) Comm res vka Maximum square footage allowed: Comm res sq.ft. [(B) 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, j 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. eq.ft. Maximum X 0.50 sq.ft. TOTAL WEIGHTED SQ.FT.(May not exceed BDA) _ Provide tissue overlay of calculations t /verify ov dg a a o6tag � Required Parking OG 0 Proposed parking (Indicate number of stalls provided)L Total On -Site Parking Standard Compact In -lieu Parking Dimension building height/as measured from natural grade to average and maximum roof heigh Show natural grade line on all elevations Show all rooftop mechanical equipment and dimension from grade directly below. Indicate location of trash containers on site plan. Number of Stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in ,jt relation to the property line. / �^ p 1l Fair share Contribution oat % �� ✓ � /f 7� San Joaquin Hills Transportation Corridor 1'ee 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 Slueline■ Modification required for Plannina Commission/City Couss�, Use Permits No. Variance: No. Resubdivision/Tracts No. Site Plan Review; No. Amendment: No. other Public Works: Easement/Encroachment Permit bdtVji'SBTi'Ess ear raffic En ines --it Approve of Landscape P1 ss Euildino Departments Grading Engineer Parka Departments Approval of Landscape Plano _ Coastal Development Permits 4Xem�ON Ze'� 1� �DRTE.D Approval In Concept (AIC) No. (Notes File 3 sets of plane: site, floor, and elevations) Coastal Development Permits No. �v Effective Dates Waiver/Exemption: No. Effective date: NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your applications please contact me at (714) 644- 3200. FORMS\COMM-EGM.COR ROT. 1/93 Q0TV=SSIONERS MINUTES �Co iI O� O CITY OF NEWPORT BEACH June 10, 1993 ROLL CALL INDEX Use Permit No 1816 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the service of on -sale beer and wine and the operation of a 24 hour facility in the former,Beachcomber Coffee Shop on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The application proposes the addition of live entertainment to the existing operation and the enclosure of an existing outdoor dining area at the rear of the facility. LOCATION: A portion of Lot H, Tract No. 919, located at 2633 West Coast Highway, on the southerly side of West Coast Highway, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Christina Duggan, Newport Beach OWNER: James Parker, Newport Beach William Laycock, Current Planning Manager, recommended that Condition No. 2 be amended to state ....However, signage shall be placed on the front of the building directing patrons to the parking lot at the rear of the property inasmuch as the parking lot located at the rear of the property is difficult to identify. In response to a question posed by Commissioner Ridgeway, Mr. Laycock concurred that page 3 of the staff report should be corrected to state that the restaurant contains approximately 1,920± gross square feet. Mr. Laycock explained that the parking standards are based on the "net public area" and not the gross floor area. The public hearing was opened in connection with this item, and Ms. Christina Duggan, applicant, appeared before the Planning Commission and she concurred with the findings and conditions in Exhibit "A", including amended Condition No. 2. -6- Item No. UP1816A Approved t COMMISSIONERS MINUTES N +00 ` N WOMAM10144160 CITY OF NEWPORT BEACH June 10, 1993 ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Ridgeway, James Hewicker, Planning Director, explained that human sandwich boards are generally not permitted unless it was requested through a Special Events Permit. Motion * Motion was made to approve Use Permit No. 1816 (Amended) subject to the findings and conditions in Exhibit "A" as amended. In response to a question posed by Commissioner Glover regarding the in -lieu parking spaces, Mr. Laycock explained that the applicant is required to pay for four in -lieu parking spaces at $150.00 per space per year. In response to a question posed by Chairman Edwards regarding in -lieu and off -site parking, Mr. Hewicker explained that once a year the Planning staff receives a report from the Finance Department as to the businesses that have paid for their required in -lieu parking spaces. If a business has not paid for their required parking spaces, then the Planning Department contacts the business to comply with the requirement. Motion was voted on, MOTION CARRIED. All Ayes FINDINGS: 1. The amended restaurant facility is consistent with the General Plan, the Local Coastal Program Land Use Plan, and the Mariner's Mile Specific Area Plan Development Standards, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the amended restaurant use can be adequately served by existing on -site parking and the in -lieu parking. -7- , COMMISSIONERS MINUTES CITY OF NEWPORT BEACH June 10. 1993 ROLL CALL INDEX 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 the waiver of development standards as they pertain to parking lot illumination, walls, and landscaping, will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 6. That the approval of this use permit will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That all signs shall conform to the provisions of the Sign Ordinance and the Mariner's Mile Specific Area Plan Development Standards. No temporary "sandwich" signs or wind signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. However, signage shall be placed on the front of the building directing patrons to the parking lot at the rear of the property 3. 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. -8- C.0inUSSIONERS MINUTES 0 1 4' 4O�`iO o CITY OF NEWPORT BEACH June 10, 1993 ROLL CALL INDEX 4. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. S. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 6. That restaurant development standards pertaining to walls, landscaping, and parking lot illumination shall be waived. 7. That dancing shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. 8. That the sound from the live entertainment shall be confined to the interior of the structure; and further that when the live entertainment is performed, all windows and doors within the restaurant shall be closed except when entering and leaving by the entrances of the restaurant. 9. That all restaurant employees shall be required to park in the Municipal Parking Lot at all times during the time which the restaurant is operating. 10. That all trash areas and mechanical equipment shall be shielded or screened from West Coast Highway and from adjoining properties. 11. That all previous applicable conditions of approval of Use Permit No. 1816 (Amended) shall remain in effect. 12. That a minimum of 20 parking spaces shall be provided for the subject restaurant facility (16 spaces on -site and 4 spaces by purchase of in -lieu parking on an annual basis). -9- �C&MUSSIONERS MINUTES �dAp `L,,GLOr�tn��drs CITY OF NEWPORT BEACH June 10, 1993 ROLL CALL INDEX 13. That a Live Entertainment Permit shall be approved by the City. 14. That the on -site parking shall be available for the parking. of vehicles at all times and the storage of other than motor vehicles shall be prohibited. 15. That a Coastal Permit shall be approved prior to the implementation of the live entertainment and prior to issuance of building permits. 16. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 17. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. se Permit No. 3495 Continued Public Hearin item No.. Request ermit the establishment of a passive recreational park UP3495 Approvea on property ated in the P-C District where a Planned Community Develo ent Plan has not been adopted. LOCATION: A portio f Block 97, Irvine's Subdivision, located at 1 Capitan Drive, on the easterly side of a itan Drive, southerly of the San Joaquin Res oir, in the Harbor View Hills Planned Commu ZONE: P-C -10- Planning Commission Meeting June 10, 1993 Agenda Item No. 2 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 1816 (Amended)(Public Hearine) Request to amend a previously approved use permit which permitted the service of on -sale beer and wine and the operation of a 24 hour facility in the former Beachcomber Coffee Shop on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The application proposes the addition of live entertainment to the existing operation and the enclosure of an existing outdoor dining area at the rear of the facility. LOCATION: A portion of Lot H, Tract No. 919, located at 2633 West Coast Highway, on the southerly side of West Coast Highway, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Christina Duggan, Newport Beach OWNER: James Parker, Newport Beach Application This is a request to amend a previously approved use permit which permitted the service of on -sale beer and wine and the operation of a 24 hour facility in the former Beachcomber Coffee Shop on property located in the Mariner's Mile Specific Plan Area. The application proposes the addition of live entertainment to the existing operation and the enclosure of an existing outdoor dining area at the rear of the facility. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Existing Facilities). Conformance with the General Plan and Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational and Marine Commercial" use. A restaurant is TO: Planning Commission - 2. considered a support retail use, a permitted use within these designations. The Land Use Element has also established area specific land use policies throughout the City. These "area" policies set a site -by -site floor area ratio (F.A.R.) development limit of 0.3; however, the Land Use Element general (City-wide) policies also state that "any uses with a higher than 60 trips per 1,000 square feet for daily use or 3 trips per 1,000 square feet for peak hour traffic would be limited to a reduced F.A.R. calculated prorata on trip generation characteristics." A restaurant is such a use. The general policy statement continues, "the lowest floor area allowed by these two (2) calculations [the "base," or area F.A.R., and the use characteristics] shall apply." The Zoning Code establishes the maximum F.A.R. for a restaurant, based upon its traffic generation qualities, to be 0.3. The proposal consists of a change in the operational characteristics and a minor enclosure of an existing outdoor dining area and will not result in an increase in the base development allocation of the site. Therefore, the proposal is consistent with the Land Use Element policies and guidelines and Section 20.07 (F.A.R. Ordinance) of the Municipal Code. In accordance with the provisions of the California Coastal Act, the subject project also requires the approval of a Coastal Permit prior to implementation of the live entertainment and prior to issuance of building permits. Subject Property and Surrounding Land Uses The subject restaurant facility, currently named the Shamrock Bar & Grill is located in a multi -tenant building in the Mariner's Mile Specific Plan Area. The adjacent parking lot is available for use in common by the restaurant facility and the other on -site tenants. To the north, across West Coast Highway, are commercial uses; to the east, is the Sand Dancer Restaurant; to the south, is Newport Bay; and to the west, is a commercial property and shipyard. Background The subject restaurant facility has been in operation for approximately 37 years under various names and ownerships, prior to the time a use permit was required for such use. The current owner purchased the business in May, 1992. At its meeting of February 10, 1977, the Planning Commission approved Use Permit No. 1816 a request to permit a change in the operational characteristics of the former Beachcomber Restaurant to allow the service of alcoholic beverages with meals. Condition of Approval No. 2 required that parking be provided at a rate of one parking space for each 45 sq.ft. of "net public area". The existing facility provided approximately 900± sq.ft. of "net public area". Based on the above mentioned parking standard, 20 parking spaces are required for the restaurant facility. In December 1980, the Modifications Committee approved a modification to the Zoning Ordinance to permit interior and exterior remodeling to the structure which encroaches to within 1 foot 6 inches of the front property line, where the Code requires a minimum of 5 feet for fifty percent of the lot width and 10 feet for the remaining 50 percent. The applicant also requested to redesign the on -site parking lot which resulted in 33 parking TO: Planning Commission - 3. spaces being provided (the current configuration). In order for the Modifications Committee to approve a reduction in the number of parking spaces, it was necessary for the number of on -site parking spaces to meet current codes with regard to the types of uses on site. The master leaseholder had indicated that the restaurant at that time was to be discontinued. The Modifications Committee on February 10, 1981, approved Modification No. 2646 predicated on the statement that the restaurant use was to be discontinued. Subsequent to the Modifications Committee's action, the master leaseholder agreed to allow the restaurant to remain on site provided that only 13 of the 33 on -site parking spaces would be available for the restaurant's use. At its meeting of July 23, 1981, the Planning Commission approved Variance No. 1087 waiving 7 of the required on -site parking spaces for the restaurant facility. However, Condition of Approval No. 3 of the approved variance provided the following: 3. That the applicant shall inform staff if the existing 7 off -site parking spaces are lost for any reason, at which time arrangements shall be made to provide the same number of off -site parking spaces at another location, or to purchase 7 in -lieu parking spaces in a Municipal parking lot. Inasmuch as the applicant was unable to provide 7 off -site parking spaces at another location, the additional parking was provided by purchasing 7 in -lieu parking spaces from the City on an annual basis. Excerpt of the minutes of that meeting are attached for the Commission's information. Subsequently, the applicant was able to solicit the existing 3 surplus parking spaces on site from the property owner which reduced the number of in -lieu parking spaces which have to be purchased from the City to 4 parking spaces. At its meeting of November 20, 1986, the Planning Commission approved of the restaurant facility Use Permit No. 1816 (Amended) which permitted an increase in the hours of operation to 24 hours. An excerpt of the minutes of that meeting are attached for the Commission's information At its meeting of May 10, 1990, the Planning Commission reviewed staff reports and Planning Commission minutes regarding the subject facility in response to a letter received from the former proprietor, requesting removal of the condition of approval regarding the purchasing of in -lieu parking spaces. The Commission took no action on the request of the former proprietor. Analysis The applicant is proposing to change the operational characteristics of the restaurant facility to add live entertainment . The applicant also proposes to enclose an existing outdoor dining area which is located at the rear of the existing restaurant. The restaurant contains approximately 1,920± gross square feet and provides approximately 900± square feet of "net public area" (175± sq.ft. in the outdoor dining area and 725± sq.ft. in the interior dining area). TO: Planning Commission - 4. The current operation currently operates for breakfast, lunch and dinner service during daytime and evening hours, with the hours of operation generally from 9:00 a.m. to 2:00 a.m., Sunday through Thursday and from 8:00 a.m. to 2:00 a.m. on Fridays and Saturdays. The maximum number of employees during peak hours is 3-4 employees. Off -Street Parking Requirement The parking requirement could vary from 18 spaces (one parking space for each 50 sq.ft. of "net public area") to 30 spaces (one parking space for each 30 sq.ft. of "net public area'). Staff is of the opinion that one parking space for each 45 sq.ft. of "net public area' as established by Use Permit No. 1816, is adequate and appropriate in this case. Staff is of the opinion that the parking lot is not readily visible to persons traveling on West Coast Highway and has included an additional condition of approval that signage be placed on the front of the building directing patrons to the parking in the rear. Parking Lot Use Staff observed on its inspection of the subject property, two boat trailers occupying two of the required on -site parking spaces. Staff is of the opinion that the presence of the two boat trailers are utilizing two parking spaces which should be made available for the parking of vehicles at all times. The appropriate condition of approval has been incorporated into the attached Exhibit "A". Live Entertainment The live entertainment proposed will be in the form of a single musician and possibly a second musician or a vocalist and will occupy a raised area of the dining area in the front of the restaurant facility. When this area is not occupied by the live entertainment, it will be occupied by a table and chairs for dining purposes. Staff has no objection to the addition of live entertainment so long as the noise associated with such a use is confined to the interior of the building. The appropriate condition of approval has been incorporated into the attached Exhibit "A". Siens Upon inspection of the site on May 27, 1993, staff observed that a sandwich type A -Frame sign and pennant type wind signs were present on the subject property. Staff is concerned that the use of the temporary A -Frame sign may cause a hazard to pedestrians and bicycle traffic on the West Coast Highway sidewalk and vehicles entering or exiting the driveway to the subject property. The wind signs present on the rear of the subject property are prohibited by Section 20.06.070 A of the Newport Beach Municipal Code and must be removed. The appropriate conditions of approval have been incorporated into the attached Exhibit "A". Restaurant Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants to TO: Planning Commission - 5. ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that the on -site development standards as they apply to walls, landscaping, and parking lot illumination should be waived if the Planning Commission approves this application because of the existing physical characteristics of the building and the on -site parking which is not proposed to be altered. Specific Findings and Recommendations Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve this application, appropriate findings and conditions in conjunction with the applicant's request are set forth in the attached Exhibit "A". However, if the Planning Commission desires to deny this application, the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director B 44AR. GARCIA Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpts of Planning Commission minutes dated February 10, 1977, April 9, 1981, July 23, 1981 and November 20, 1986 Letter from the Applicant Describing the Request Plot Plan, Floor Plans and Elevations TO: Planning Commission - 6. EXHIBIT "A' FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1816 (AMENDED) FINDINGS: 1. The amended restaurant facility is consistent with the General Plan, the Local Coastal Program Land Use Plan, and the Mariner's Mile Specific Ared Plan Development Standards, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the amended restaurant use can be adequately served by existing on -site parking and the in -lieu parking. 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 the waiver of development standards as they pertain to parking lot illumination, walls, and landscaping, will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 6. That the approval of this use permit will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That all signs shall conform to the provisions of the Sign Ordinance and the Mariner's Mile Specific Area Plan Development Standards. No temporary "sandwich" signs or wind signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. 3. 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. 4. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. TO: Planning Commission - 7. 5. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 6. That restaurant development standards pertaining to walls, landscaping, and parking lot illumination shall be waived. 7. That dancing shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. 8. That the sound from the live entertainment shall be confined to the interior of the structure; and further that when the live entertainment is performed, all windows and doors within the restaurant shall be closed except when entering and leaving by the entrances of the restaurant. 9. That all restaurant employees shall be required to park in the Municipal Parking Lot at all times during the time which the restaurant is operating. 10. That all trash areas and mechanical equipment shall be shielded or screened from West Coast Highway and from adjoining properties. 11. That all previous applicable conditions of approval of Use Permit No. 1816 (Amended) shall remain in effect. 12. That a minimum of 20 parking spaces shall be provided for the subject restaurant facility (16 spaces on -site and 4 spaces by purchase of in -lieu parking on an annual basis). 13. That a Live Entertainment Permit shall be approved by the City. 14. That the on -site parking shall be available for the parking of vehicles at all times and the storage of other than motor vehicles shall be prohibited. 15. That a Coastal Permit shall be approved prior to the implementation of the live entertainment and prior to issuance of building permits. 16. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 17. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. TO: Planning Commission - 8. EXHIBIT "B" FINDINGS FOR DENIAL USE PERMTr NO. 1816 (AMENDED) FINDINGS: 1. That the restaurant facility with live entertainment will increase the intensification of use of the property and generate an increase in traffic. 2. That the establishment, maintenance or operation of the use of building applied for will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or worldng in the neighborhood and the general welfare of the City, inasmuch as the proposed development could result in a significant increase in the intensity of use of the subject property. %/ICIN ITY rvIAP p CLIIF ORIVC r � � P.I•ho � br y .A .n•• N r oaf ✓, [/p P• n-1 �h< t arjs +'•r b ��' R•/ Tr , i' o / 1P 9/ o 8 3O-F A4 ° '0� F� �J�o R i N 9 , °R•r P nd / p D.f.r P v ,4 ,�• ,�, a. � Ae q/ yam, i ;' r / •tO P o° R/ arwAlt aA1 \ � T o \� ` Rsf'•N -7, f \\ OJ 1 w 9n \\\ y u � h C � 4 C•I•M �A � gC i 2 RSC-N J)RSR JlI MA/ Ab 0 RV fl1)° Gl[ q I[ET _ 1 \ P10.L•rf �s \ C \\ \ \ Ile MAr L DISTRICTING MAP NEWPORT BEACH - CALIFORNIA AGRICULTURAL RCSIDCNTUL A PLC RC3IOCRTIAL LNGLC FAMMV ACSIDCNTIAL LIGHT COMMCRGML UPLE% RESIDCHTIK I GCNCRAL COMMERCIAL [3v L MULTIREi Raw Rtl10CMMlMANUFACTURING ORD NO PSR GRAINING RSTHIM UNRASSIFIED ttC AG.IP3G YA S A M HOWNTHUS-0-LIMITED COMMERCIAL USE PERIMBIT NO A M �,-N 9 —c D) MAP NO 1 iVMMISSIONERS o s s s City of Newport Beach �3 0 February 10, 1977 MINI.. IOLL ir Commissioner Hummel commented on the unacceptabil- ity of the garage structure being located across e property line and felt that maintaining the gara as it presently existed would not be in' the best ' terest of the orderliness of develop- ment in the a Commissioner Balalis ented in support of Mr. Glasser's request and t it was a better alternative than merely patchi the existing garage. Ayes X X X X X Following discussion, the motion was voted nd Noes X X carried. Tter Request to change the operational characteristics USE of the existing Beachcomber Coffee Shop to include 07. .the service of beer and wine. APPI Location: Portion of Lot H, Tract No. 919, M. located at 2633 West Coast Highway, TI01 on the southerly side of West Coast Higfiway, westerly of Tustin Avenue on Mariners' Mile. Zone: C-O-Z Applicants: Bo Bentley and Ursula Brown, Newport Beach Owner: Sam Graves, Newport Beach Public hearing was opened in connection with this matter. Brook Bentley appeared before the Commission on behalf of the applicants and concurred with the staff report and recommendations., There being no others desiring to appear and be heard, the public hearing was closed. '•lotion X Motion•was made that Planning Commission make the All Ayes following findings: /O ILL CALL NERS O�.���'� MINUTES (( 0 Ci-& it New F February 10, 1977 INowx Land Use Element of the General andPlan and is compatible with surrounding 2. The project will not have any significant environmental impact. 3 The Police Department hasindicated that they do not contemplate any p roblems- 4, The approval of Use Permit No. 1816 will not, safety, peace, morals, under the circumstances of this case be detr�- mental to thealthwelfare of persons resid- comfort and general in the neighborhood or be deand working detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City• and approve Use Permit No. 1816, subject to the following conditions: 1. That development shall brovedplot substantial plan and conformance with.the app floor plan. 2. That a minimum.of one parking space for each area 45' square feet of '!nshalloor be maintained in in restaurant filitylot. the common parking Item VARI portion of the required proposed KO -- Request to waive a p __— parking spaces in conjunction with the prop APPR strSon�snMof a arkets.inoHarbond roViewrCenter,ouse addition to TIOA Parcel 2 and Parcel 4 of Parcel _ Location: 3l (Resubdivision No. 284), loca d at1660 San MigueloDrive, on the theasterly side San Miguel Dri between Pacific View Drive and San quip Hills Road in the Harbor Vie enter. Zone: C-O-H Apple; Gelson's Market, Encino Page 5. l� Motion Ayes Noes Y h� July 23, 1981 , City of Newport Beach ere being no further questions motion was made to ap ve: Final Tract Map No. 11449, which MOTION CARRI . Final Tract Map No. 11450, which MOTION CARRIED; nd Final Tract Map No. 11451, subject to the follow finding and condition, which MOTION CARRIED; FINDING 1. That proposed Fina with the Tentative permitted and all conditions to their CONDITION substantially conform and with all changes Qroments imposed as 1. That all remaining conditions of Tentati Map No. 11377 as approved by the City Co March 9, 1981 be fulfilled. ■ Request to waive a portion of the required off-street parking spaces in conjunction with the existing Beachcomber Restaurant facility on Mariner's Mile. LOCATION: A portion of Lot FI of Tract No. 919, located at 2633 West Coast Highway, on the southerly side of West Coast Highway between Riverside Avenue and Tustin Avenue, in the Mariner's Mile specific Plan Area. ZONE: SP-5 APPLICANT: Bo Bentley, Newport Beach OWNER: Nelson A. Grey, Upland The public hearing opened in connection with this item and Ms. Bo Bentley, owner of the Beachcomber Restaurant, requested approval of her proposal. 'Planning Director Hewicker commented on Ms. Bentley's statement saying that it is true, there will be a Municipal parking lot, across the street on the opposite side of Mariner's Mile below the Theater Arts Center. The City does own the land and it is IVIIINU I tJ iN )LX Item VARIANCE tt 7-IM7 APPROVED CONDI- TIOWLY 14 Motion i I Ix Amendment Ayes X Noes X X X Amendment Ayes Noes X IX X X July 23, 1981 { !� of Newport Beach expected that it will be completed within one year and it will provide 130 parking spaces. Assistant City Attorney Burnham further commented stating that he drafted some proposed findings in addition to those proposed by staff which may allow the Commission to approve the variance request. Mr. Jim Bowie, owner of the Rusty Pelican Restaurant and Ancient Mariner, suggested that there be some type of formal requirement to provide those off -site parking stalls and not in the form of an agreement from an individual on an informal basis. Planning Director Hewicker also indicated to the Commission that a use permit application for an ice cream parlor, immediately east of the Beachcomber Restaurant, will be on the next Planning Commission agenda. Under that use permit the Commission will be asked to waive some additional parking based on the requirements of the City's take-out restaurant standards. Assistant City Attorney, Bob Burnham, stated that the proposed findings he drafted, were based upon review of his notes of the last hearing where there was some significant discussion as to the nature of the business and the hours of operation. Commissioner Balalis suggested a last condition stating that, should the applicant lose the off -site parking for any reason, they notify staff and make arrangements to provide the same off -site parking at another location or purchase in -lieu parking spaces in the subject Municipal parking lot. Chairman McLaughlin made a motion for approval of Variance No. 1087 with the conditions and findings as proposed by Mr. Burnham. Commissioner Beek made an amendment to the motion to include a condition that the restaurant facility continue to close by 5:00 p.m., which MOTION FAILED. Commissioner Beek made an amendment to approve this Use Permit for one (1) year at which time it will be reviewed by the Modification's Committee, which MOTION FAILED. MINUTE S INDEX 15 X. N , 3 City of ROLL CALL Original Motion All Ayes Ix X XI July 23, 1981 .� , ort Beach Motion was made for approval of Variance No. 1087 subject to the following findings and conditions gas proposed by Mr. Burnham, and with the last condition suggested by Commissioner Balalis on the need to buy in -lieu spaces if the off -site parking spaces are lost, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS 1. That exceptional circumstances apply to the restaurant site and that expansion plans of the property owner will significantly reduce parking available to the customers of the restaurant and the restaurant site is located such that there is no off -site parking available under current City rules. 2. That the need for additional parking did not occur by the actions of the applicant in either expanding or changing the nature of the use. 3. That the hours of operation and the characteristics of the restaurant use are such that demand for parking by restaurant customers falls outside of the hours when demand for parking is greatest. 4. That a majority of the customers of the restaurant walk to the restaurant from nearby businesses and the need for automobile parking spaces is thereby substantially reduced. rvlbvU I r J 5. That a reduction in the net floor area of the restaurant, given the small size of the restaurant, will deprive the applicant of substantial property rights, and the granting of this variance is necessary for the preservation of these property rights. 6. That the business has been continuously in operation for a considerable number of years. 7. That the applicant utilizes her best efforts to maintain existing off -site parking spaces presently available to customers of the restaurant; and B. That granting of this variance will not under the circumstances of this case affect adversely 16 INDEX • r, ;Y�ri-.�i�jww.ca''.'b!ebC?£tl..i[ip"�+-Vv,�iT�..h"k.°�f4'.i. _�L,+a�i::.�,. uv... r'.y.<rtC..ry F"^h.".': Yam' �.yc r. '- y¢ '�i,yG`'�,i�e'K'";' k1d� �J e�r�i-sw.a=e:Msam+K_�4y. r➢3� ro w• i�S'�„`Ls•y, i. � :+II� C0AAAAISSI0)NERS ` .July 23, 1981 MINUTI'S a Ci ty of Newport Beach ROLL CALL INDEX Motion A]I Ayes the health or safety of persons residing in the neighborhood and will not be materially detrimental to the public welfare. CONDITIONS 1. That there shall be a total of thirteen (13) on -site parking spaces provided for the subject restaurant. 2. That 'the proposed restaurant shall be in substantial conformance with the submitted floor plan and site plan. 3. .That the applicant shall inform staff if the existing seven (7) off -site parking spaces are lost for any reason, at which time arrangements shall be made to provide the same number of off -site parking spaces at another location, or to purchase seven (7) in -lieu parking spaces in a Municipal parking lot. \The Planning Commission recessed at 8:55 p.m. and reconvened at 9:00 p.m. Request, to consider a Traffic Study for a proposed 28,000 \ q.ft.t marine related office/retail LOCATION: A lbortion of Lots G and M, Tract No. 919, located on the southerly side of West Coast "lKighway between Newport Boulevard and Rive side Avenue, in the Mariner's Mile Speci��c Plan Area. ZONE: SP-5 APPLICANTS: Richard V. and Rosanne M. Valdes, and M.V. Threinen, Irvin,• OWNER: Same as applicants `. Planning Commission continued this item to the Regular Planning Commission meeting of August 6, 1981. \ Item #12 TRAFFIC STUDY 'Continued tow�gs tt 6 1981 17 �'COMP.)ISSIONERS ROLL CALL Motion All Ayes MINUTES November 20, 1966 CITY OF NEWPORT OEA,CH Use Permit No 1816 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the on -sale service of beer and wine in conjunction with the existing Beachcomber Coffee shop on property located in the "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposed amendment involves a request to operate the our basis the existing facility uwas t h permitted to operate hfroms7 00 a.m. to 2:00 p.m. daily. LOCATION: Portion of Lot H, Tract No. 919, located at 2633 West Coast Highway, on the southerly side of West Coast High- way, westerly of Tustin Avenue in Mariner's Mile. ZONE: SP-5 APPLICANT: Bo Bentley. Newport Beach OWNER: James F. Parker, Newport Beach William Laycock, Current Planning Administrator, recommended that the following standard condition be added to the conditions in Exhibit "A" s Condition to or No- 3- "That the Planning Commission may add or recommend fy conditions of approval to this use permits to the City Council the revocation of this use permit, upon a determination that the operation which its tie subject of this use permit, causes injury, detrimental to the health, safety, peace, morals, comfort, or general welfare of the community." The public hearing was opened in connection with this item, and Ms. Bo Bentley, applicant, appeared -before the Planning Commission. she reasoned that the additional hours will allow adequate ime for of the restaurant maintenance; that the operation restaurant will remain from same;ancustomers that at there have ave been many requests restaurant open 24 hours. The public hearing was closed at this time. Motion was made to approve Use Permit No. 1816 (Amended) subject to the findings and conditions of approval, including aforementioned Condition No. 3. Motion voted on, MOTION CARRIED. INDEX Ctem No.S JP 1816A Approved -21- ` Ci)MMISSIONERS S MINUTES o F F November 20, 1986 CITY OF NEWPOR`i BEACH INDEX DLL CALL FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, and is compatible with surrounding land uses. 2. The proposed 24 hour operation will not have any significant environmental impact. 3. That there is adequate parking being provided for the subject restaurant. 4. That the approval of Use Permit No. 1816 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That all previous applicable conditions of Use Permit No. 1816 and Variance No. 1087 shall be fulfilled. 2. That the restaurant facility shall be permitted to operate on a 24 hour basis. 3. 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. k • R -22- STATE 'OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Gowmor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. Box 1450 EXEMPTION LETTER LONG BEACH, CA 90802.N16 (310) 5M5071 DATE: November 18, 1992 NAME: Jim Parker, Shamrock Bar and Grill LOCATION: 2633 West Coast Highway, Newport Beach, Orange County. PROJECT: Addition of live entertainment to an existing restaurant. There will be no change in the net public service area (to remain 900 square feet) and no change to the existing structure. This is to certify that this location and/or proposed project has been reviewed by the staff of the Coastal Commission.. A coastal development permit is not necessary for the reasons checked below,. The site is not located within the coastal zone as, established by the California Coastal Act of 1976, as amended. _ The proposed development is included in Categorical Exclusion No. adopted by the California Coastal Commission. _ The proposed development is judged to be repair or maintenance activity not resulting in an addition to or enlargement or expansion of the object of such activities (Section 30610(d) of Coastal Act). _ The proposed development is an improvement to an existing single family residence (Section 30610(a) of the Coastal Act) and not located in the area between the sea and the first public road or within 300 feet of the inland extent of any beach (whichever is greater) (Section 13250(b)(4) of 14 Cal. Admin. Code. The proposed development is an improvement to an existing single family residence and is located in the area between the sea and the first public road or within 300 feet of the inland extent of any beach (whichever is greater) but is not a) an increase of 10% or more of internal floor area, b) an increase in height over 10%, or c) a significant non-attached structure (Sections 30610(a) of Coastal Act and Section 13250(b)(4) of Administrative Regulations). _ The proposed development is an interior modification to an existing use with no change in the density or intensity of use (Section 30106 of Coastal Act). (OVER) E7: 7/90 Page 2 _ The proposed development involves the installation, testing and placement in service of a necessary utility connection between an existing service facility and development approved in accordance with coastal development permit requirements, pursuant to Coastal Act Section 30610(f). _ The proposed development is an improvement to a structure other than a single family residence or public works facility and is not subject to permit requirement (Section 13253 of Administrative Regulations). _ The proposed development is the rebuilding of a structure, other than a public works facility, destroyed by natural disaster. The replacement conforms to all of the requirements of Coastal Act Section 30610(g). XX Other: The addition of live entertainment does not constitute development as defined in Section 30106 of the Coastal Act. Please be advised that only the project described above is exempt from the permit requirements of the Coastal Act. Any change in the project may cause it to lose its exempt status. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and,any development occurring at that time must cease until a coastal development permit is obtained. Truly yours,