HomeMy WebLinkAbout2751 W COAST HWY11111111111111111111111111111111
*NEW FILE*
2751 W Coast Hwy
APPLICATION -FOR "APPOVAL IN CONCEPTT"
CITY OF NEWPORT BEACH FEE:
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application
to the California Coastal Commission pursuant to California Administrative Code, Section 13210 and
13211.
Property Address: 2751 W. Coast Hwy.
e
Napport Beach, Ca. 92663
General Description of Proposed Development: To revive opening haura of restaurant
fine permit #3328) from 5pn to klrm for lunch norvice-
Legal Description: Portion of Lot H, Tract 919 Zone: SP-5
Applioant:B & R Reatauranta, Inc. (Billy'a at the Beach), Newport Beach
Applicant's Mailing Addresa?751 W. Coast Hwy,
�lTc7ort Beach, Cs. 92663
Applicant's Telephone Number: 714-722-1100 / 714-673-0505
DO NOT COMPLETE APPLICATION BELOW THIS LINE
The I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the shoreline.
2. The grading plan, if any.
3. The general uses and intensity of use proposed for each part of the area covered in the
application;
' and find
They comply with the current adopted City of Newport Beach General Plan Zoning
Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or
• That a 11.5F, ���4f1—r has been approved and is final
A copy of any variance, site plan review, resubdivision, use permit, or other issued permit is attached
together with all conditions of approval and.all approved plans including approved tentative tract maps.
On the basis of this finding, these plans are approved in concept, and said approval has been written upon
site plans, signed and dated.
Should this City adopt an ordinance deleting, amending, or adding to the Zoning Ordinance or other
regulations in any manner that would affect the use of the property or the design of a project located
thereon, this approval in concept shall become null and void as of the effective date of this said ordinance.
In accordance with the California Environmental Quality Act of 1970, and state and local guidelines
adopted thereunder, this development:
• Has received a final Exemption Declaration or final Negative Declaration (copy attached).
Has been determined to be ministerial or categorically exempt.
• Has received a final Environmental Impact Report (copy Attached).
All discretionary approval legally required of this City prior to issuance of a building permit have been
given and are final. The development is not subject to rejection in principal by this City unless a
substantial change in it is proposed.
This concept approval in no way excuses the applicant from complying with all applicable policies,
ordinances, codes, and regulations of this City.
Date: h Q3 ^/ PLANNING DEPARTMENT
Attachments: JAMEJ, HEWICKER, Director
11i N J Te 5 n �/fs U�'��
NOTE: No building permit will be issued untiloval is received fro}n C.CNTY OF NEWPORT BEACH
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WP511PLAMING\DARLEENTORMSWPRLCONP.DOC
A
STATE OF CALIFORNIA—THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
245 W. BROADWAY, STE. 380
P.O. BOX 1450
LONG BEACH, CA 90802.4416
(310) 590-5071
APPLICATION NO.: 5-95-164
APPLICANT: B & R Restaurants, Inc.
/ h 40D�- PETE WILSON, Gommor
Filed: July 18, 1995
49th Day: September 5, 1995
180th Day: January 14, 199?561
Staff: John T. Auyong
Staff Report: September 1, 19
Hearing Date: September 12-15, 1995
Commission Action:
PROJECT LOCATION: 2751 West Coast Highway, City of Newport Beach, County of
Orange
PROJECT DESCRIPTION: Change the opening hours of a restaurant (Billy's at the Beach)
from 5:00 p.m. to 11:00 a.m., thus allowing for lunch service. The existing restaurant contains
1,796 square feet of public service area. 32 on -site parking spaces are provided.
Parking spaces: 32 on -site
Zoning: Mariners Mile Specific Plan
Plan designation: Recreation Marine Commercial
LOCAL APPROVALS RECEIVED: City of Newport Beach Approval -in -Concept 1008-95;
City of Newport Beach Use Permit (Amended) #3328
SUBSTANTIVE FILE DOCUMENTS: Coastal Development Permit 5-89-088 (Carter); City
of Newport Beach Certified Land Use Plan
Staff is recommending approval of the project with special conditions regarding the provision of
parking.
The staff recommends that the Commission adopt the following resolution:
5-95.164 (B & R Restaurants, Inc.)
The Commission hereby grants a permit, subject to the conditions below, for the proposed
development on the grounds that the development, located between the nearest public roadway
and the shoreline, will be in conformity with the provisions of Chapter 3 of the California
Coastal Act of 1976, including the public access and recreation policies of Chapter 3, will not
prejudice the ability of the local government having jurisdiction over the area to prepare a Local
Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not
have any significant adverse impacts on the environment within the meaning of the California
Environmental Quality Act.
1. Notice of Receipt and Acknowledgment, The permit is not valid and development shall
not commence until a copy of the permit, signed by the permittee or authorized agent,
acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to
the Commission office.
2. Expiration. If development has not commenced, the permit will expire two years from the
date this permit is reported to the Commission. Development shall be pursued in a diligent
manner and completed in a reasonable period of time. Application for extension of the permit
must be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the proposal as set
forth in the application for permit, subject to any special conditions set forth below. Any
deviation from the approved plans must be reviewed and approved by the staff and may require
Commission approval.
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved
by the Executive Director or the Commission.
5. Insertions. The Commission staff shall be allowed to inspect the site and the project
during its development, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned to any qualified person, provided assignee files
with the Commission an affidavit accepting all terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual,
and it is the intention of the Commission and the permittee to bind all future owners and
possessors of the subject property to the terms and conditions.
c:\msofFice\winword\coastal\jtauyong\595164.doc 2
11
5-95-164 (B & R Restaurants, Inc.)
Prior to issuance of the coastal development permit, the permittee shall obtain and submit a
written agreement,from the owner, subject to the review and approval of the Executive
Director, stating that in the event of termination of the lease, and for so long as the
development permitted pursuant to coastal development permit 5-95-164 is in operation, the
owner of the property will agree to require each new or different tenant, occupant or operator,
including itself, to sign a lease restriction or other appropriate instrument agreeing to comply
with the provisions set forth in Special Condition No. 2.
Prior to issuance of the coastal development permit, the applicant and landowner shall execute
and record a lease restriction, free and clear of prior liens and encumbrances, and in a form and
content acceptable to the Executive Director, stating that 36 parking spaces shall be provided at
all times of operation of the development as described and conditioned herein. Such lease
restriction shall bind the lessee, and successors and assigns of the Permittee or leaseholder.
Such restriction shall run with the leasehold and shall be made a part of all existing and
subsequent lease agreements for the permitted facility.
Prior to issuance of the coastal development permit, the applicant and landowner shall provide a
parking plan which demonstrates the availability of 36 parking spaces for exclusive use by the
tenant, occupant or operator of the restaurant structure subject to this coastal development
permit during all times of operation of the subject restaurant. In the future, upon demand, the
applicant and landowner or subsequent tenants, occupant or operator of the subject restaurant
shall demonstrate the availability of the 36 parking spaces for exclusive use by the restaurant
during all times of the restaurant's operation.
\ :►0 A MEN•\
• M
The applicant is proposing to change the hours of operation of an existing restaurant containing
1,796 square feet of public service area. The proposed change would allow the subject
restaurant to open at 11:00 a.m., rather than 5:00 p.m., thus allowing the subject restaurant to
operate a lunch business. The existing restaurant is on the lower level of a two-story building
with 3,380 square feet of existing office space above. Adjacent to the subject site is an existing
restaurant at 2801 West Coast Highway which currently does not open for lunch. The subject
c:\msoffice\winword\coastal\jtauyong\595164.doc
5-95-164 (B & R Restaurants, Inc.)
site, at 2751 W. Coast Highway, and the adjacent site at 2801 West Coast Highway, are both
served by a single 86 space parking lot which spans both sites. Both sites are currently under
one ownership. 32 of the parking lot's spaces are on the parcel at 2751 West Coast Highway
(the subject site), and 54 of the parking lot's spaces are on the parcel at 2801 West Coast
Highway.
Section 30252 of the Coastal Act states, in part:
The location and amount of new development should maintain and enhance public
access to the coast by ... (4) providing adequate parking facilities or providing
substitute means of serving the development with public transportation ...
The subject site is located between the first public roadway (State Route One — Coast
Highway), and the waters of Newport Harbor. The subject restaurant is proposing to open
during the day for lunch beginning at 11:00 a.m., whereas currently the restaurant is closed
before 5:00 p.m, in the evening. Typically, the peak times for the general public to visit the
coastal zone and beach are during the day, rather than the evening. Thus, when a use opens
during the day, it could adversely impact public access if not enough parking is provided.
When private development does not provide adequate parking, patrons of that development are
forced to use public spaces which should be available to the visitors to the coastal zone,
resulting in significant adverse impacts on coastal access. Therefore, it is important that private
development provide parking which is adequate to meet the development's parking demand.
The Commission has consistently used specific parking standards for various types of uses in
determining parking demand. The subject site contains both restaurant and office uses. The
Commission's parking standard for a restaurant is one parking space for every 50 square feet of
public service area (defined as the area where the public can eat or wait to eat). For office
uses, the Commission's parking standard is one space for every 250 square feet of gross floor
area. Thus, the 1,796 square feet of public service area of the restaurant requires 36 parking
spaces. The 3,380 square feet of gross floor area of office space requires 14 parking spaces.
The total demand for both the restaurant and offices uses thus is 50 parking spaces. There are
32 on -site parking spaces, resulting in a hypothetical deficiency of 18 parking spaces.
Therefore, a special condition is necessary which requires the applicant to record a lease
restriction stating that 36 parking spaces would be provided for the life of the permitted
development in order to provide adequate parking and minimize adverse impacts on public
access. The applicant could provide 36 parking spaces in a variety of ways. The applicant
currently has an agreement for the use of 20 off -site parking spaces at 2700 West Coast
Highway after 5:00 p.m., which the applicant could try to amend so that the spaces are
available at 11:00 a.m. and after when the subject restaurant is proposed to be open. The 20
c:\tnsoflicelwinword\coastal\jtauyong\595164.doc
5-95-164 (B & R Restaurants, Inc.)
leased off -site spaces plus the 32 on -site spaces would total 52 spaces, which exceeds the
hypothetical demand of 50 spaces for the on -site restaurant and office uses. In addition, as long
as the adjacent restaurant at 2801 West Coast Highway remains closed for lunch, the applicant
could exercise existing rights or secure new rights to use the parking spaces of the adjacent
restaurant in the shared common parking lot which would be unused while it is closed during
lunchtime. Further, on the weekends when the on -site office uses would normally be closed,
the proposed development could use all 32 on -site parking spaces. Also, a condition of the
City's approval requires that the subject site at 2751 West Coast Highway and the adjacent site
at 2801 West Coast Highway remain under common ownership so that use of the common
parking lot by businesses at both sites is ensured.
Thus, as conditioned for the provision of adequate parking to minimize adverse impacts on
public access, the Commission finds that the proposed development would be consistent with
Section 30252 of the Coastal Act.
Section 30604(a) of the Coastal Act provides that the Commission shall issue a Coastal
Development Permit only if the project will not prejudice the ability of the local government
having jurisdiction to prepare a Local Coastal Program which conforms with the Chapter Three
policies of the Coastal Act.
The City of Newport Beach Land Use Plan (LUP) was originally certified on May 19, 1982.
As conditioned, the proposed development is consistent with the development policies regarding
parking of Chapter Three of the Coastal Act. Therefore, approval of the proposed development
as conditioned would not prejudice the City's ability to prepare a local coastal program
consistent with the Chapter Three policies of the Coastal Act.
•`► 4 ► t•►Iu ► •
Section 13096 of Title 14 of the California Code of Regulations requires Commission approval
of Coastal Development Permits to be supported by a.fmding showing the permit, as
conditioned, to be consistent with any applicable requirements of the California Environmental
Quality Act (CEQA). Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development
from being approved if there are feasible alternatives or feasible mitigation measures available
which would substantially lessen any significant adverse impact which the activity may have on
the environment.
The proposed development is located in an urban area. Development already exists on the
subject site. All infrastructure necessary to serve the site exist in the area. The proposed
project has been conditioned in order to be found consistent with the development policies
regarding parking of Chapter Three of the Coastal Act. Mitigation measures requiring the
c: \msoffice\winword\coastal\jtauyong\595164. doc
5-95.164 (B & R Restaurants, Inc.)
provision of adequate parking will minimize all significant adverse impacts. As conditioned,
there are no feasible alternatives or feasible mitigation measures available which would
substantially lessen any significant adverse impact which the activity may have on the
environment. Therefore, the Commission finds that the proposed project can be found
consistent with the requirements of the Coastal Act to conform to CEQA.
c:lmsoftice\wlnwordlcoastalljtauyong1595164.doc
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B & R Restaurants Inc.
dba Billy's at the Beach
2751 West Coast Hwy.
Newport Beach, Ca. 92663
May 4, 1995
To: Planning Commission of Newport Beach
From: B & R Restaurants Inc.. dba Billy's at the Beach
Re: Use Permit #3328: 2751 W.Coast Hwy.
The purpose of this letter is to introduce ourselves and explain the purpose of our application to
amend use permit #3328.
Billy's at the Beach is a small waterfront restaurant with a view of the bay which seats sixty
seven diners. We currently are open for business from 5 PM until midnight, and are now begin-
ning our third year at the -above location. Considering the amount of tourists and sightseers who
stroll the neighborhood during the day, we would like to be open for lunch. This would mean
beginning our business hours at 11 AM instead of 5 PM, and therefore an amendment to
the aforementioned use permit would be necessary.
The following are some considerations:
1) The current use permit restricts our earlier opening because there are offices above the
restaurant which need parking spaces. However, these spaces are not used on the
weekends (Saturday and Sunday), giving us full use of the 32 spaces on the site,
2) We have secured a lease for 11 off site parking spaces which would give us the nec-
essary required parking for the weekend.
3) On the weekdays,several important factors should be noted, primarily the vacant park-
ing on our lot and the adjacent lot, site of the Chart House restaurant. The parking area
for both lots total 86 spaces of which not even are being used. We will have photos
from the site to support this. The Chart House does not currently serve lunch and
has no problem with our plans, and even though their use permit allows them to use some
of our spaces, they gave up that option by an agreement on September 21, 1990. Still,
the fact remains there is plenty of unused parking even if both restaurants chose to
serve lunches.
4) Much of the lunch business is derived from walk in business, either from tourists or neigh-
borhood businessmen.
5) Much of the public parking on Pacific Coast Hwy. and neighboring streets remains unused
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during the day.
6) Economically speaking, the following benefits are derived: Our business increases, mean-
ing more revenue hopefully to us, but also to the city from increased sales tax receipts; an
increase in employment as a result of hiring another complete staff for lunches; increased
sales in neighboring businesses due to more tourists visiting and spending money in our
city; the environment of dining with a view of the water draws more -people from other
cities and counties, and a pleasant dining experience on the bay means more people
will come back for a return visit, possibly to other restaurants and local shops.
7) In view of all the benefits derived from allowing businesses to expand successfully, we
hope that any parking problem can be addressed and if necessary, corrected.
Thank you for your consideration,
Sincerely,
William �Craig
President, B & R Res7aura,ts, Inc.
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PLANNIN EPAIRTMENT
JAMES EWK XER director
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