HomeMy WebLinkAbout4221 DOLPHIN STRIKER WY_TROPHY'S SPORTS BARC:UMMISSIONERS
REGULAR PLANNING COMMISSION MEETING MINUTES
PLACE:
City Council Chambers
� o
TIME:
7:30 P.M.
IX
DATE:
October 24, 1985
z
c m M '
a m
t
z
Z Z Z z T
City of
Newport Beach
a
ROLL CALL
I
I
I
I
I
I
I
INDEX
Motion
Ayes
x
!S PRESENT:^
James D. Hew ker, Planning Director
Carol Korade, istant City Attorney
* x �
STAFF MEMBERS PRESENT:
William R. Laycock, Current
Donald Webb, City Fingineer
Dee Edwards, Secretary
Minutes of October 10, 1985
Administrator
Motion was made for approval of the October 10,
Planning Commission Minutes, as amended. Motion
on, MOTION CARRIED.
Use Permit No. 3162 (Continued Public Hearing)
Request to permit the expansion of the existing E1
Torito Restaurant located in the Newport Place Planned
Community so as to allow the use of an existing open
courtyard for dining and drinking purposes. The
proposal also includes a request to allow the addi-
tional required off-street parking spaces to be provi-
ded on an adjoining office building site under the same
ownership as the restaurant site.
LOCATION: Parcel 1 of Parcel Map 45-23 (Resub-
division No. 347), located at 4221
Dolphin -Striker Way, westerly of Mac-
Arthur Boulevard, between Martingale Way
and Newport Place Drive in Newport
Place.
ZONE: P-C
APPLICANT: Stuart Ketchum, Los Angeles
OWNER: Same as applicant
Minutes
of
10-10-85
Item No.l
UP3162
Approved
Condition-
ally
-1-
Motion
Ayes
n
F
A T S
Z C
m
y m Z
W A
A
Z r O S
c Z
m
o i 0 0
D m
O
y T T
Z A
Z
A Z T m
x
xl
October 24, 1985
of Newport Beach
The public hearing was opened in connection with this
item, and Mr. Patrick O'Daly, representing the
applicant, appeared before the Planning Commission.
Mr. O'Daly stated that the applicant concurs with the
findings and conditions of approval in Exhibit "A".
MINUTES
The public hearing was closed at this time. Motion was
made to approve Use Permit No. 3262, subject to the
findings and' conditions of approval in Exhibit "A".
Motion voted on, MOTION CARRIED.
FINDINGS:
1. That the existing restaurant use is consistent
with the Land Use Element of the General Plan and
with the Pla6ned Community Development Standards
for "Newport Place."
2. That adequate parking will be provided for the
proposed addition to the restaurant.
3. That the proposed off -site parking is located so
as to be useful in connection with the proposed
restaurant operation.
4. That the Police Department has no objections to
the proposed expansion.
5. The approval of Use Permit No. 3162 will not,
under the circumstances of this case be detri-
mental 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 restaurant operation shall be in substan-
tial conformance with the approved plot plan and
floor plan, except as noted below.
2. That a sidewalk be provided between the existing
and proposed parking areas and that the pedestrian
and vehicular circulation systems be subject to
further review and approval by the City Traffic
Engineer.
INDEX
-2-
COMMISSIONERS
co
E
v
f v
m
z c m
y m
z
m a n
z r
x
c z N
o i
o
0 0
9 m O
m>
m m
Z 9 z
9 2
m m
October 24, 1985
of Newport Beach
MINUTES
ROLL CALL I I I I I I I I I INDEX
3. That a minimum of one parking space for each 40
sq.ft. of "net public area" shall be provided for
the subject restaurant.
4. That a minimum of 16 off -site parking spaces shall
be provided on property described as Parcel No. 1
Parcel Map 83-705, located at 1500 Dove Street and
4141 MacArthur Boulevard. Said parking spaces
shall be provided for the duration of the restau-
rant's use of the courtyard dining area.
5. That the applicant shall record a covenant against
the property comprising the approved off -site
parking location, the form and content of which is
acceptable to the City Attorney, binding the
applicant ana its successors in interest in
perpetuity, to provide a minimum of 16 parking
spaces for the subject restaurant. This covenant
shall continue in effect until such time as the
restaurant discontinues the use of the courtyard
dining area or suitable replacement parking is
provided at a location acceptable to the Planning
Commission. However, if such off -site parking is
lost for an interim period only, due to new
construction on -site, suitable interim parking may
be approved by the City Traffic Engineer.
6. That the restaurant employees shall be required to
use the 16 off -site parking spaces.
7. 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.
Item No.2
,Request mend
a previously
approved modification
Mod.No.904
application whi
ermitted the
construction of buil-
(Amended)
dings that encroach
t hin 5
feet of a rear property
line, and related off-str-9 arking and landscape
planter areas that encroach to the r property lines
on both sides of an existing 30 Foot wi ey (where
the Ordinance requires a minimum 10 foot re and
Approved
Condition -
ally
-3-
IT
Planning Commission Meeting October 24, 1985
Agenda Item No.
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No. 3162 (Continued Public Hearing)
1
Request to permit the expansion of the existing E1
Torito Restaurant located in the Newport Place Planned
Community so as to allow the use of an existing open
courtvard for dining and drinking purposes. The
proposal also includes a request to allow the addi-
tional required off-street parking spaces to be provi-
ded on an adjoining office building site under the same
ownership as the restaurant site.
LOCATION: Parcel 1 of Parcel Map 45-23 (Resubdivision No. 347),
located at 4221 Dolphin -Striker Way, westerly of
MacArthur Boulevard, between Martingale Way and,Newport
Place Drive in Newport Place.
ZONE: P-C
APPLICANT: Stuart Ketchum, Los Angeles
OWNER: 'Same as applicant
Application
This application involves a request to expand the existing El Torito
Restaurant located in the Newport Place Community so as to allow the
use of an existing open courtyard for dining and drinking purposes.
The proposal also includes a request to allow the additional required
off-street parking spaces to be provided on an adjoining office
building site under the same ownership as the restaurant site. In
accordance with Section 20.83.020 of the Newport Beach Municipal Code,
changes in the operational characteristics of an existing restaurant
require the approval of a use permit. Use permit procedures are set
forth in Chapter 20.80 of the Municipal Code.
Recent Background
This application was first scheduled for consideration by the Planning
Commission in August of this year. However, because the applicant was
involved in negotiations which included the possible future sale of
the El Torito Restaurant site, as well as the adjoining property which
T0: P!.,,ning Commission -2.
he intended to use for off -site parking, the applicant had requested
several continuances inasmuch such a sale had the potential of signif-
icantly affecting the off -site parking proposal included with the use
permit application. As will be discussed later in the staff report,
the applicant has agreed to record a covenant against the off -site
parking location which will ensure the continued availability of
parking should the property be sold at any future time.
Environmental Significance
This project has been reviewed, and it has been determined that it is
categorically exempt under Class 1 (Existing Facilities) from the
requirements of the California Environmental Quality Act.
Conformance with the General Plan
The Land Use Element of the General Plan designates the site for
"Administrative, Professional and Financial Commercial" uses. The
existing restaurant facility falls within the permitted related uses
for said designation. The PlannedeCommunity Development Standards for
"Newport Place" also permit a restaurant facility on the property in
question.
Subject Property and Surrounding Land Uses
The subject property is presently developed with an existing restau-
rant and 89 related off-street parking spaces. To the north is the
Blackbeard's Restaurant and the Domino McFly Restaurant sites with
related off-street parking spaces; to the east, across MacArthur
Boulevard is an office building; to the south and west is the existing
Continental Plaza office building site and related parking area.
Extended Background
The subject property was originally developed with the existing
restaurant in 1973, prior to the establishment of the use permit
requirement for restaurants; therefore, the subject restaurant is a
nonconforming use. In accordance with Section 20.83.020 of the
Municipal Code, nonconforming uses may be enlarged, provided that the
use is permitted by the regulations specified for the district in
which it is located, and that in each case a use permit is first
obtained. At the time the restaurant was established, the open
courtyard was not included as part of the dining area. However, in
1981, the applicant began using the patio area for dining purposes
without knowing that such an expansion required the Planning Com-
mission's approval of a use permit. It should be noted that the
applicant did obtain the approval of the Fire Department for said
expansion; however, the Planning Department did not become aware of it
until April of this year at which time the applicant was informed of
the violation.
TO: Planning Commission -3.
Analysis
The applicant is now requesting approval to use the open courtyard for
dining and drinking purposes. said courtyard includes approximately
680± sq.ft. and will increase the overall "net public area" of the
restaurant from 3,483± sq.ft. to 4,163± sq.ft. (19.5 percent inc-
rease). The existing restaurant is currently open from 11:00 a.m. to
1:00 a.m. Monday through Saturday and 10:00 a.m. to 12:00 midnight on
Sunday. During peak hours of operation there are approximately 30
employees on duty. Live entertainment, which includes two musicians
who meander through the restaurant, is currently provided on Sundays.
Off -Street Parking Requirement
When the subject restaurant was first established, the off-street
parking requirement for restaurants was based on one parking space for
each three occupants. Based on Building Department records, the
original occupancy of the restaurant was 214 persons which required 72
parking spaces (214 - 3 = 71.3 or 72 spaces). If the restaurant were
established today, (not including the courtyard), the current restau-
rant parking requirement of, one' parking space for each 40 sq.ft. of
"net public area" would require 88 parking spaces (3,483± v 40 sq.ft.
= 87.07 or 88 spaces). Inasmuch as the subject restaurant conforms to
the current restaurant parking requirement of one parking space for
each 40 sq.ft. of "net public area",, any further expansion of the
restaurant's "net public area" as well as the existing "net public
area" shall be subject to the current restaurant parking formula.
As indicated previously, the proposed use of the open courtyard for
dining and drinking purposes will increase the "net public area" to
4,163± sq.ft. Based on one parking space for each 40 sq.ft. of "net
public area", 105 parking spaces will be required for the restaurant
(figures shown on attached plot plan are incorrect).
It should also be noted that the Code also provides that the restau-
rant parking requirement may vary between one parking space/50 sq.ft.
of. "net public area" (or 84 spaces) to one parking space/30 sq.ft. of
"net public area" (or 139 spaces), depending upon the operational
characteristics of the restaurant. It is staff's opinion that one
parking space for each 40 sq.ft. (105 spaces) is adequate for the
subject restaurant.
Proposed Off -Street Parking
As shown on the attached plot plan, there are 89 parking spaces
presently located on the subject property. Said parking is entirely
on -site although it is part of a large common parking lot containing
238 parking spaces which are controlled and operated under a recipro-
cal parking agreement. In accordance with said agreement, the subject
restaurant along with Domino McFly's and Blackbeard's, have common
access and use of all 238 parking spaces. The applicant proposes to
provide the remaining 16 parking spaces on an adjoining office build-
ing site which he also owns. No formal off -site parking agreement is
necessary because of the common ownership.
TO: P. .,ning Commission -4.
The proposed off -site parking location is part of a common parking
area shared by the Bank of America and the Continental Plaza office
complex within the block bounded by MacArthur Boulevard, Dove Street,
Newport Place and Dolphin -Striker way (excluding the extreme north-
easterly corner of Dove Street and Newport Place). Said parking area
currently maintains 22 excess parking spaces which could be used by
the subject restaurant.
Status of Off -Site Parking Location
As indicated previously, the applicant is currently involved in
negotiations which could result in the future sale of both the off -
site parking location as well as the E1 Torito Restaurant site.
Should negotiations fail, the applicant is ready to begin construction
of a new office building and parking structure on a portion of the
off -site parking location which would eliminate the existing 22 excess
parking spaces for a period of six months. At the end of the initial
six months of construction, when the basement, ground and second
levels of the new parking structure are complete, a total of 434
parking spaces will be provided -which will provide a temporary parking
excess of 45 spares. When the project is complete (approximately one
year of construction), there will be a total of 709 parking spaces on
the entire property. Based on an office parking requirement of one
parking space for each 225 sq.ft. of floor area (required by Newport
Place Planned Community), 687 parking spaces will be required for the
combined development. This again will. result in 22 excess parking
space for the total development.
Although staff has no objections to the proposed use of the off -site
parking in this case, there is some concern regarding the effect that
the future sale and/or development of the site will have on the
continued availability of the additional restaurant parking spaces.
For this reason, the applicant has agreed to record a covenant against
the property constituting the off -site parking location so as to
ensure that a minimum of 16 parking spaces will be provided on said
property for the duration of the restaurant's use of the patio dining
area. Said covenant will also include language requiring the pro-
vision of suitable replacement parking, at a location acceptable to
the Planning Commission should the off -site parking location no longer
be available for the restaurant's use. However, if such off -site
parking is lost for an interim period only, due to new construction
on -site, suitable interim parking may be approved by the City Traffic
Engineer.
Specific Findings and Recommendation
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
TO: Planning Commission -5. -
such proposed use or be detrimental or injurious to property and
improvements in the neighborhood or the general welfare of the City.
Staff recommends approval of Use Permit No. 3162, and suggests that
the Planning Commission take such action subject to the Findings and
Conditions of approval set forth in the attached Exhibit "A".
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
Hy N4~~-�G!�i--
W. William Ward
Senior Planner
WWW:Ia
UP32
Attachments: Exhibit "A"
Vicinity Map
Letter from Applicant
Plot plan and floor plan
T0: Planning Commission -6. It
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL
FOR USE PERMIT NO. 3162
FINDINGS:
1. That the existing restaurant use is consistent
with the Land Use Element of the General Plan and
with the Planned Community Development Standards
for "Newport Place."
2. That adequate parking will be provided for the
proposed addition to the restaurant.
3. That the proposed off -site parking is located so
as to be useful in connection with the proposed
restaurant operation.
4. That the Police Department has no objections to
the proposed expansion.
v
5. The approval of Use Permit No. 3162 will not,
under the circumstances of this case be detri-
mental 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 restaurant operation shall be in substan-
tial conformance with the approved plot plan and
floor plan, except as noted below.
2. That a sidewalk be provided between the existing
and proposed parking areas and that the pedestrian
and vehicular circulation systems be subject to
further review and approval by the City Traffic
Engineer.
3. That a minimum of one parking space for each 40
sq.ft. of "net public area" shall be provided for
the subject restaurant.
4. That a minimum of 16 off -site parking spaces shall
be provided on property described as Parcel No. 1
Parcel Map 83-705, located at 1500 Dove Street and
4141 MacArthur Boulevard. Said parking spaces
shall be provided for the duration of the restau-
rant's use of the courtyard dining area.
TO: Planning Commission -7.
5. That the applicant shall record a covenant against
the property comprising the approved off -site
parking location, the form and content of which is
acceptable to the City Attorney, binding the
applicant and its successors in interest in
perpetuity, to provide a minimum of 16 parking
spaces for the subject restaurant. This covenant
shall continue in effect until such time as the
restaurant discontinues the use of the courtyard
dining area or suitable replacement parking is
provided at a location acceptable to the Planning
Commission. However, if such off -site parking is
lost for an interim period only, due to new
construction on -site, suitable interim parking may
be approved by the City Traffic Engineer.
6. That the restaurant employees shall be required to
use the 16 off -site parking spaces.
7. 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.
VICIN IT'(
A
MAP
CAMPUS DRIVE
P-C
^ •10 W 111• lwlt! fe 4
• n10.^ MI •i n•
P•C
N CC.•b
I'
I N 11 L�
N W
P-Ct ' ,� P-C
2
1 t Anue �bID 9L
M e CY
1
N I P-C
ff c " 111
1
N N y P•C
1 I h r,t 2 rnt I FL e
[EL
u N�P C Tc �TW. 739i bI f
fl tl ,,Y,y/t•e P-C ADDITIONAL- ?AX N REA
m
"tt Nu a. t, REV. e.14.72 a t ty4�
DISTRICTING MAP NEWPOR7 BEACH —CALIFORNIA
fL1YW-—LOYYI!
N•l bNItWYNLL NWo"m N-, MYLtIRt NttOfNI11L
bl fINK[ I,YIN IItl10tNtILL 1 C•I Lltpl taMYMGK
N•t oNLtN K,IotN11IL ' c-til /imI t;xocm,L
N-t II�MIN== NN lI M Kv KNINENT' . M•1 MNNWAaW t
N° .o° foe m co O tw,MYN oltle Nln"afmo
LY�t f;r:::RM IT NO., 5162
A
June 28, 1985
Ms. Sheri Vander Dussen
Associate Planner
City of Newport Beach
Post Office Box 1768
Newport Baaoh,California 92658-8915
EL TORITO RESTAURANT
4221 DOLPHIN STRIKER.WAY
NEWPORT BEACH, CALIFORNIA
Dear Ms. Vander Dussen:.
As you requested in our recent telephone conversation, I am writing
you regarding the availability -of the supplemental offsite parking
for the subject Restaurant, such parking to be located on the
contiguous property which I also own, adjacent to and immediately
south of the E1 Torito Restaurant, known as the Continental Plaza,
4141 MacArthur Boulevard, Newport Beach, California.
I am willing to provide such parking, up to 22 spaces, to allow
the continued use of the garden atrium in the E1 Torito Restaurant
for dining purposes. The availability of such 22'spaces is in
excess of that required for the existing office building located
at 4141 MacArthur Boulevard and the adjacent Bank of America Branch
building, as set forth in the parking analysis prepared by you
in connection with the proposed Resubdivision No. 788 which is
indicated on Agenda Item No. 3 for the Planning Commission Meeting,
October 18, 1984.
I hope the foregoing supplies you with the information you require
in this regard.
Sincerely,
��
Stuart M. Ketchum
SMK:ECY
CC - Mr. David V. Lee
Mr. Patrick M. O'Daly
d%� /%i`Liire�J6c�rg<l<.h l�m<c .9DD/7 %`J�3J 6_°3-.i QD3
C
/ l
ar `
a W
Haas
�R
k4m
F]
k
\ti. yti
w+
(C
i
N
1
,�-- - -
9-
1<io21ry
L
a ff
357,75 +
MEN
� � 0
r 7G.5
_—----�
9O�
0
Ny0
�0 0
0
0
5S
mf`�
31 %-
14o
�G
°1 ll
211
5i :.15
1 -7 g. 5
i5b
0
0
0
Zoo
DN
yio
FArw "
\ I oa0.M I MMNS I basrnid
I I I I
_J L_ _J I
I
I
I
I
rAernHo
u7OLER
s /5Ll
pl�I ass= 3107.C2
yhD✓QO� l�pat 4, 1 %3 QITIt�G, LGP- sr iStz�A��2,�5
3oco• 5 oven/' ne+ picbt�c/a✓e�. 4, 5
11
COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS
Telephone: (714) 644-3200_ Plan Check No:-.Z.
By:Genia Garcia, Associate Planner
By:Marc Myers, Assistant Planner
Date• /'0'c;5-5 %
Districting Map No. 15-
Corrections Required:�J
Legal Description:
By:Christy Teague, Associate Planner
♦aauu �aa raaoaucua. caya ..
�.
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 owner's signature notarized on the attached
document and return to me.
Lot Size
Zone
Proposed Use
Recruired Setbacks
y /
Front
Rear
Right S
Left Side t' ///(�C//�� ��%�,�-�•/
FAR WORKSHEETS
Lot area (site area sq.ft.): sq.ft. IlQ�•'�'!N
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 oka
Square footage permitted: comet res vka sq.ft." n
[(A) x site area sq.ft.] U
Maximum FAR allowed with variance: (B) Comm res nka
Maximum square footage allowed: comet res sq.ft.
[(B) x site area sq.ft.]
PROPOSED DEVELOPMENT:
(C) Base FAR use sq.ft.
(D) Reduced FAR use sq.ft.
sq.ft.
sq.ft
��%�L�(�/�y9i /�; (E) Maximum FAR use sq.ft. sq.ft.
—A! A� jel G) TOT /S/yQ�T. [C+D+E � e ft.
`PROPOSED FAR: �" �G¢' [ its a sq��
PROPOSED WEIGHTEDDEVELO ENT:
FAR Use Category Weighting Factor Weighted Sq.Ft.C_/�" " UUU /✓NN
(G) (H) ( G x H 1
ft. Base
sq.ft. Reduced
sq.ft. Maximum
TOTAL WEIGHTED SQ.FT.(May not exceed BDA)
X 1.00 sq.ft.
X 1.67 sq.ft.
X 0.50. sq.ft.
Provide tissue overlay of calculations to verify provided square footage.
Required Parking
Proposed parking (Indicate nu" of stalls providedl �
Total on -Site Parking 00 1; I
Standard Compact
In -lieu Parking
Dimension building height as measured from natural grade tc verage and maximum
roof height ._71
4
f
Show natural grade line on all elevations
P� Show all rooftop mechanical equipment and dimension from grade directly below.
OIndicate location of,trash containers on site plan.
Number of Stories
C7/ Floor Plan fully dimensioned showing all room uses.
,n/nf�Y- Plot Plan fully dimensioned showing location of all buildings, fences, etc. in
relation to the property line.
Fair Share Contribution
�\ J San Joaquin Hills Transportation Corridor Fee
SPECIAL APPROVAL REQUIRED THROUGH:
Please indicate any discretionary approval numbers on the plans and incorporate
the attac4gdd, excerpt of minutes and list of findings and
conditions into the blueline drawings
V
approval letter into the blueline•drawings
�9. Modifications Committee:
Modification required fc
No, on Bluelines
+Planning Commission/City Council: ]Q!6 4-
Use Permit: No. /
Variance: No.
No.
No.
all
Easement
Building Department:
Grading Engineer
Permit
Parke Department:
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:
AL AR
/�5 � ase�
T t'3 a res,onsib it of the licant to circula the r plans and
P ax s PP
obtain the necessary appr vals from the departments chocked above. If you
have questions. regarding your application, please contact me at (714) 644-
3200.
FORMS\COMM-ZON.COR, - Rev. 1/93
01