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Home My WebLink About1104 IRVINE AVE11111111 lill 11111111111111111111 COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS Plan Check NO: /4c^ G2_ Telephone: (714) 644-3200 By:Christy Teague, Assistant Planne By:Genia Garcia Associate Planner r By:Marc Myers, Assistant Planner Date:,V' - 4� Corrections Required: Legal Description: Address: /16 Lot (G Block Section Tract 4 6p- Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $5,000. Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size /� Zone v Q Proposed Use Reauired Setbacks Front Right Side o� Left Side FAR WOE Lot area (site area sq.ft.): sq.ft. Base Development Allocation (BDA): , Comm sq.ft. [0.5 x site area sq.ft.] unless specified in Land Use El FAR permitted, without variance: (A) Comm res pka Square footage permitted: Comm res pka sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: Maximum square footage allowed: [(B) x site area sq.ft.) PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. (E) Maximum FAR use sq.ft. (F) TOTAL SQ.FT. [C+D+E] PROPOSED FAR:. PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category (G) ft. Base _ _sq.ft. Reduced sq.ft. Maximum / �G % SQ ,Gi' !o TA L /U cmm res Comm - res�q.f, 7/'r/JV,fX % !__)% A)I sq.ft. sq.ft. sq. ft.r li. sq. ft. [ F site area sq.ft. ] Weighting Factor (H) x 1.00 X 1.67 X 0.50 / 7G-• Weighted Sq.Ft. ( G x.H 1� sq.ft. sq.ft. /,f7J�5 sq.ft. : OTC ', `GHTPED SQ.FT.(May not exceed BDA) Provide tissue overlay of calculations to verify provided square footage. Required Parking Proposed parking (Indicate number o s a is provided) L Total On Parking �L•�c ad..C� Standard Compact :GlJzC[�Jd; in -lieu Parking "imehsion building heigh"• a measured from natural grade to average and maximum ,F htoiaht -ciSr Show%patural grade line on all elevations PG/C G Show all rooftop mechanical equipment and dimensio/from grade directly below. 9� Indicate location of trash containers on site,plan. Number of stories Floor Plan fully dimensioned showing all room uses. _ Plot Plan fully dimensioned showing locati 12n of all buildings, fences, etc. in L/ relation to the property line. 4A)I:) %U`A��G Fair Share Contributior�%j�4rJ L(Q� KJ ��/✓3'��'�� n'�� San Joaquin Hills Transportation Corridor SPECIAL APPROVAL REOUIRED THROUGH: Modifications Committee Planning Commission: Use Permit Variance Resubdivision/Tract Site Plan Review Amendment Other ,glLublic Works:) ^ aze entfEncroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Building Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Development Permits: Approval In Concept (AIC) NO. (Note: File 3 sets of plans: s Coastal Development Permit No.- Waiver/Exemption is tht responsibility of the applicant to .y appr ale from the departments checked above. xtion, } ease contact me at (714) 644-3200. and elevations) circulate their plans and obtain the If you have questions regarding your ORS \CONM-ZON.COR. n Conditions of Approval Use Permit #3445 1104 Irvine Avenue Plan Check #1155-92 Q� Substantial conformance Signs 3. Portion parking standards landscaping 4. Washout area 5. Grease interceptors 6. Exhaust fans Live entertainment/dancing Outdoor sound system - 9. Employee parking 10. Temporary sandwich sign 11. Trash, mechanical equipment 12. Parking spaces 13. Handicapped parking 14. Beer/wine 15 Hours of operation 16. Improvements 17. N/A 18. N/A DEPARTMENT ACTION Planning Plans Approval Planning Separate Permit Building Planning Waived Building Plans Approval Building Plans Approval Building Plans Approval Planning Letter of Compliance Planning - - Letter of Compliance Planning Letter of Compliance Planning Letter of Compliance Planning Letter of Compliance Planning (9 Traffic Engineerd/c Planning 0 Traffic Engineer®/c— Planning Planning Public Works Plans Approval Hold on Final Plans Approval Hold on Final Letter of Compliance Letter of Compliance Plans Approval COMMISSIONERS `o��\ June 4, 1992 MINUTES W CITY OF NE PORT BEACH ROLL CALL INDEX Posting of the A eg nda: Posting of the James Hewicker, Planning Director, stated that a Planning Agenda Commission Agenda was posted on Friday, May , 1992, in front of City Hall. - sss Request for Continuances: Request for James Hewicker, P g Director, requested that Item No. 3, Continuano regarding the ' culation Improvement and Open Space be continued to a June 18, 1992, Planning Commission meeting. Motion Mot' was made and voted on to continue Item No. 3 to the June Ayes * * * , 1992, Planning Commission meeting. MOTION CARRIED. Absent — s s s Use Permit No 3445 (Public Hearin el--- Item No.l Request to permit the establishment of an outdoor restaurant with UP3445 incidental interior dining with on -sale beer and wine on property Approved located in the C-O-H District; and a request to waive a portion of the required off-street parking spaces. : F' LOCATION: Lot 6, Tract No. 4824, located at 1104 Irvine Avenue,, on the southeasterly side of Irvine Avenue, between Westcliff Drive and Mariners Drive, in the Westcliff Shopping Center. ZONE: C-O-H APPLICANT: Tim Aspel, Irvine OWNER: The Irvine Company, Newport Beach -2- `""'"""'" COMMISSIONERS June 4, 1992 MINUTES CITY OF NEWPORT BEACH i � fide CALL INDEX Commissioner Edwards addressed the request to waive parking ,;. requirements, and he asked what consideration was taken to contact the tenants in the area. James Hewicker, Planning .,, Director, stated that'staff did not contact the tenants in Westcliff . Plaza; however, public notices were mailed to owners of property �. located within 300 feet of the subject property. Mr. Hewicker ' stated that parking has been waived for other food establishments -' in Westcliff Plaza, and the issue of parking has not been a previous concern. He further replied that staff has not received any • rn conces regarding the subject request. Commissioner Merrill A-•' commented that a public notice was also posted on the subject property. The public hearing was opened in connection with this item, and '`- Mr. Tim Aspel, applicant, appeared before the Planning Commission. In response to a question posed by Chairman Di Sano, Mr. Aspel concurred with the findings and conditions in Exhibit "A", as requested by the applicant. In response Ito a question posed by Commissioner Edwards, Mr. Aspel stated his restaurant background. Mr. Aspel referred to the staff report wherein staff suggested a minimum 10 foot wide passage between the landscape planters and _ the proposed outdoor dining area, and he stated that he would prefer that the 10 foot wide areas be reduced to 8 feet so as to provide a wider area for the outdoor dining area. In response to a question posed by Chairman Di Sano, Mr. Aspel reluctantly agreed to staffs recommendation of a 10 foot wide clearance. In response to questions posed by Commissioner Merrill, Mr. Hewicker explained that a public safety standard does not currently exist, and approximately 15 feet exists between the front of the building and the existing landscape planters. �se, I Mr. Aspel stated that the property owner has agreed to remove the existing wood benches that are attached to the landscape planters. -3- ' ,%-, COMMISSIONERS June 4, 1992 MINUTES :- CITY OF NEWPORT BEAU", r !TOLL CALL INDEX k There being no others desiring to appear and be heard, the public hearing was closed at this time. .MMotion * Motion was made to approve Use Permit No.3445 subject to the "y. findings and conditions in Exhibit "A". t%n ' " Commissioner Glover supported the motion on f• :basis that the - establishment would be an asset for the shopping :enter. , Chairman Di 5ano supported the motion. He stated that he would _. prefer staffs suggestion of minimum 10 foot wide pedestrian passages; however, he also supported the need for the •;tip establishment at the shopping center. He referred to Condition + No. 17 wherein it is stated that the Planning Commission may review the use permit if it is determined that the operation is a detriment to the community. Commissioner Pomeroy stated that good planning is geared around I ,' utilizing services in neighborhoods where the services are planned, • and Westcliff Shopping Cenfef is -currently not,being adequately used.yes - * * * * Motion was voted on to approve Use Permit No. 3445, MOTION sent * CARRIED. FINDINGS: 1. The proposed restaurant is consistent with the General Plan s and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed restaurant use can be adequately served by existing on -site parking. -4_ COMMISSIONERS ,e a -. - 4, 1992 MINUTES CITY OF NEWP ORT BEACH •_ 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. ' r. 5. That public improvements may be required of the developer _ in accordance with Section 20.80.060 of the Municipal Code. 6. That the waiver of development standards as they pertain to parking lot illumination, walls, landscaping, and a portion of the required parking (9 spaces) will not be detrimental to the adjoining properties given the developed characteristics ' of the existing facility. 7. That the approval of Use Permit No. 3445 will not, under the, circumstances of this case, be detrimental to the health, - - safety, peace, moralsi 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: i. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and _ perspective elevation. 2. That all signs shall conform to the provisions of the Sign Code. 3. That the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking (9 spaces) shall be waived. 4. That a washout area for refuse containers be provided in t such away 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. -5- 4. COMMISSIONERS VInA,VA\ June 4, 1992 MINUTES CITY OF NEWPORT EEACH I ROLL CALL NDEX 5. That grease interceptors shall be installed on -all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 6. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 7. That dancing or live entertainment shall not be permitted in conjunction with, the restaurant facility unless an amendment to this use permit is approved by the Planning Commission. 8. That no outdoor sound system shall be utilized on -site, and that any recorded music shall be confined to the interior of the building. 9. That all restaurant employees shall be required to park on - site at all times during the time which the restaurant is " operating. - " " -- 1 1 - 1 10. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. 11. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining i properties. i 12. That 14 parking spaces shall be provided on -site to serve the proposed facility. 13. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 14. That the service of beer and wine shall be incidental to the M serving of meals. -6- COMMISSIONERS June 4, 1992 WNUTLb ROLL CALL INDEX e 15. That the hours of operation shall be limited -between the hours of 11:00 a.m. and 10:00 p.m. daily, unless an amended use permit is approved by the Planning Commission. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. a 17. 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. 18. 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. z 10- 4 No 3446 Public Hearinel item 14o.2 Request ermit the construction of a second dwelling unit UP3446 (Granny Um on 'property located in the R-1 District m Approved -- ' accordance with ter 20.78 of the Municipal Code that permits a second dwelling unit ranny Unit) if said residence is intended for one or two persons wh a 60 years of age or older. LOCATION: Lot 23, Block Newport Heights, located at 505 Santa Ana Av ue, on the northwesterly side of Santa Ana nue, between Clay ,c Street and Fffteenth St t, in Newport Heights. ZONE: R•1 i APPLICANT: Renato Trotta, Newport Beach -7 4 Planning Commission Meeting June 4. 1992 Agenda Item No. 1 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 3445 (Public Hearing) Request to permit the establishment of an outdoor -restaurant with incidental interior dining with on -sale beer and wine on property ---- - located in the C-O-H District; and a request to waive a portion of the required off-street parking spaces. LOCATION: Lot 6, Tract No. 4824, located at 1104 Irvine Avenue, on the southeasterly side of Irvine Avenue, between Westcliff Drive and Mariners Drive, in the Westcliff Shopping Center. ZONE: C-O-H - - — - APPLICANT: Tim Aspel, Irvine OWNER: The Irvine Company, Newport Beach ApolTcation This is a request to permit the establishment of an outdoor restaurant, specializing in Italian cuisine, with incidental interior dining with on -sale beer and wine on property located in the C-O-H District; and a request to waive a portion of the required off-street parking spaces. In accordance with Section 20.34.020 of the Newport Beach Municipal Code, restaurants are permitted in the C-O-H District, subject to the securing of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. The Municipal Code defines an "outdoor restaurant" as "a place of business which sells or serves food products or beverages on the premises where such place of business is located, and which provides for, or permits consumption of, such food products or beverages out-of- doors other than on an incidental basis". The Code provides that "incidental dining" out-of- doors consisting of no more than 25 percent of the "net public area" of a typical restaurant facility may be permitted outside a building. In this particular case, 42± percent of the proposed "net public area" is located on an exterior patio, and so the proposed use would be considered an "outdoor restaurant". 10 TO: Planning Commission -2. 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 1 (Existing Facilities). Conformance with the General Plan The Land Use Element of the General Plan designates the site for 'Retail and Service Commercial" use. The proposed restaurant is allowed under this designation. The Land Use Element has also established area specific land use policies throughout -the City. These "area" policies set a floor area ratio (F.A.R.) development limit of 0.3 FAR on the subject property. Given that the application is for a renovation of an existing building with a small addition of outdoor seating, the proposed development is consistent with the requirements of the Land Use Element of the General Plan policies and guidelines. ubiect Projerty and Surrounding Land Use The subject property is located in the Westcliff Shopping Center which includes a Hughes Market, a Sav-On Drug store, a health club, a Shell automobile service station and car wash, and a mixture of smaller commercial uses. To thd north, -and to the east of the Westcliff Plaza Shopping Center, across Rutland Road are residential uses; -to the south, across Westcliff Drive, is a mixture of office, retail, and other commercial uses; and to the west, across Irvine Avenue, are residential and commercial uses in the City of Costa Mesa. The City Council, at its meeting of September 11, 1962, approved Tract Map No. 4824, creating the 17 lots in the Westcliff Shopping Center. Lots No. 1 through 16 contain commercial uses, and Lot No. 17 consists of the common parking lot and related vehicular access drives for said commercial lots. The map was recorded on December 27, 1962. The Westcliff Plaza shops were then developed on the site. On May 2, 1963, the Planning Commission approved Use Permit No. 947, which permitted the establishment of a service station on the subject property. On April 6, 1967, the Planning Commission approved Use Permit No. 1255, which permitted the expansion of the existing station. On September 8, 1983, the Planning Commission unanimously approved Lot Line Adjustment No. 83-1, which was a request to relocate certain lot lines in Traci No. 4824 in order to permit the expansion of the Sav-On Drug store. Upon the completion of the Sav- On expansion, Westcliff Plaza contained 108,100± square feet of retail and office space and !", TO: Planning Commission -3'. 434 parking spaces. Based on Section 2030.035 of the Municipal Code, the retail and office uses would have generated a, demand for 433 parking spaces (108,100 sq.ft. divided by 250 432.4, or 433 parking spaces). The Westcliff Plaza parking lot had 434 parking spaces at that time. Thus, there. was one surplus parking space (434 a 433 = 1 space). On October 24, 1985, the Planning Commission approved Use Permit No. 3171, which permitted the establishn ;nt of a 1,300± sq.ft. take-out restaurant specializing in baked goods on the subject pi perty. The Planning Commission waived any requirement for parking in addition to tha required for the previously existing retail use with the fording that the take-out restaurant did not represent, an intensification of use that would generate an increased demand for parking. On February 26, 1986, the Planning Commission approved Use Permit No. 3190 which permitted the establishment of a take-out frozen yogurt shop within the Westcliff Plaza, Shopping Center. The Planning Commission made the finding that the proposed facility would adequately be served by the on -site parking. The required parking for the facility was determined to 18 additional parking spaces over th arkmg allocated to the retail tenant space. The total on -site parking at that time w 45 arking spaces, which resulted in a surplus of 6 parking spaces. On April 10, 1986, the Planning Commission approved Use Permit Nb3193, which was a request to permit the construction of an automatic car wash with gasoline sales on the subject property. The applicant subsequently redesigned the plans for the facility and submitted for an amendment to Use Permit No. 3193. On August 8, 1986, the Planning Commission approved Use Permit No. 3193 (Amended), a request to amend a previously approved use permit which permitted an automatic car wash facility with gasoline sales on the site. The proposed amendment requested to modify the previous approval by relocating the car wash structure and changing the on -site circulation and parkingplan. The approval also included a modification to the Zoning Code so as to allow signs that exceeded the size and number permitted. At its meeting of September 9, 1989, the Planning Commission approved Use Permit No. 3359, a request to approve the establishment of a personal fitness training facility offering: one on one personal fitness training, aerobics, member use gym, tanning and retail shop for exercise and active wear apparel on the subject property. The proposal also included an Exception to the Sign Code so as to allow the installation of two identification wall signs where the Zoning Code allows only one wall sign for each business in a multi -tenant building. A specific parking requirement was not established for this facility. TO: Planning Commission 4. n i The applicant proposes to remove approximately '105 "sq ft. of a triangular section of the existing tenant space so as to create a larger outdoor area for dining purposes (see attached floor plan). The restaurant will contain approximately 1,807± gross square feet of interior space, and provide approximately 900± square feet of "net public area". The facility will consist of an outdoor dining area of approximately 374± square feet, an interior dining area of approximate i 526± square feet and kitchen and storage facilities of approximately 1,386± square :et. The current tenant space is vacant and was formerly occupied by a retail clothing store. The proposed operation will provide lunch and dimmer service during daytime and evening hours, with the hours of operation between 11:00 a.m. and 9:00 p.m. daily. Table service will be provided, and beer and wine will be incidental to the serving of meals. As indicated in the attached Business Description submitted by the applicant, all menu items will be available for "take-out". The maximum number of employees during peak hours is approximately 5 employees. Staff has no objection if the hours of operation were limited between 11:00 a.m. and 10:00 p.m. daily, since adequate parking will be provided in the on - site parking lot to accommodate the proposed restaurant. Off Street parking 1eequirement The parking requirement for the proposed restaurant based upon a requirement'of one parking space for each 40 square feet of "net public area" is 23 parking spaces (900 sq.ft. 40 = 22.3 or 23 parking spaces). 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 40 sq ft. of "net public area" is adequate and appropriate in this case. The permitted retail use on the subject property would generate a requirement for 8 parking spaces (1,912± sq.ft. _ 250 = 7.6 or 8 spaces). Thus, based on the above requirements, 15 additional parking spaces would be required for the restaurant facility (23 parking spac 8 spaces = 15 spaces). Inasmuch as there is a current surplus of 6 parking spaces(457 existing spaces - 451 required spaces = 6 surplus spaces), the proposed restaurant facility will utilize all remaining surplus spaces, and will therefore request a waiver of a portion of the required off-street parking spaces (23 required spaces - 8 available spaces - 6 surplus spaces = 9 spaces). Staff is of the opinion that adequate parking is available on -site to meet the needs of the proposed restaurant and the existing uses inasmuch as the peak hours of the proposed restaurant will not place any heavy parking demand on the available pool of parking. IF, 10 - J ♦u'Y TO: Planning Commission -5. Public Works. -Fire, and Planning Department Concerns The Public Works, Fire and the Planning Departments have a concern with regard to the location of the' proposed outdoor dining area and its impact on the existing pedestrian circulation. Staff is concerned that -the proposed. outdoor dining area will greatly reduce the existing promenade in front of the retail stores. It should also be noted that the plans as provided show the location of the existing planters: however, 'le existence of bench seating, located around portions of the perimeter of the planters, is at shown. The applicant has indicated that the property owner has expressed permission :o allow the applicant to cut back the bench seating in the proximity of the outdoor dining area. This will allow for only an 8 foot passage between the planters and the dining area. Staff suggests that a minimum 10 foot wide passage be provided between the planters and the proposed dining area to facilitate pedestrian circulation. In addition, the passage that exists between the parking lot and the planters is only 5 feet± and is also sometimes encumbered as much as 2 feet by the overhang of vehicles parked in the parking lot. Should the Commission agree with the suggestion of staff and desire that a minimum 10 foot wide passage be required between the planters and the proposed dining, the following additional Condition of Approval should be incorporated into the attached Exhibit "A 19. That a minimum 10 foot wide clearpedestrian-passage way shall be provided between the proposed outdoor dining area and any philters or other raised obstructions. Restaurant Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, 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 and parking lot illumination, landscaping, and a portion of the off-street parking spaces should be waived if the Planning Commission approves this application because of the existing physical characteristics of the shopping center. TO: Planning Commission -6. 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 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 By( \ JAVIER GARCIA Senior Planner Attachments: Exhibit "N' _ Exhibit 'B" Vicinity Map Business Description Submitted by Applicant Plot Plan, Floor Plan and Perspective Elevation of Proposed Restaurant f, TO: Planning Commission -7. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3445 1. The proposed restaurant is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed restaurant use can be adequately served by existing on -site 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 public improvements may be required of the developer in accordance with - Section 20.80.060 of the Municipal Code. 6. That the waiver of development standards as they pertam to parking lot illumination, walls, landscaping, and a portion of the required parking (9 spaces) will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 7. That the approval of Use Permit No. 3445 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 perspective elevation. 2. That all signs shall conform to the provisions of the Sign Code. 3. That the development standards as they pertain to walls, landscaping, parking lot illumination, and a portion of the required parking (9 spaces) shall be waived. 4. 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. TO: Planning Commission -8. 5. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 6. That kitchen exhaust fans shall be designed to control smoke -and odor to the satisfaction of the Building Department. 7. That dancing or live entertainment shall not be permitted in conjunction with the restaurant facility unless an amendment to this use permit is approved by the Pla ming Commission. 8. Th, no outdoor sound system shall be utilized on -site, and that any recorded music shau be confined to the interior of the building. 9. That all restaurant employees shall be required to park on -site at all times during the time which the restaurant is operating. 10. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. 11. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties. 12. That 14 parking spaces shall -be provided on -site to seine the proposed facility. 13. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 14. That the service of beer and wine shall be incidental to the serving of meals. 15. That the hours of operation shall be limited between the hours of 11:00 am. and 10:00 p.m. daily, unless an amended use permit is approved by the Planning Commission. 16. That all improvements be constructed as required by Ordinance and the Public Works Department. 17. 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. 18. 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 EXRMrr'B"' FINDINGS FOR DENIAL USE PERMIT NO._3445 FINDINGS: 1. That the proposed restaurant will increase the intensification of use of the• property and generate an increase in traffic. 2. That the waiver of offs •eet parldng spaces for the restaurant facility may create a parldng problem in the .hopping center parking lot. 3. 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. VIUNITY_MAP" Dove �� Rye y � �"a-� •N `*•�. 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SFi MA i 1 SQ( AI.IP NO. 3t 3. 0• 1 EACH CALF DISTRICTING R-A R-1 p-2 AAAP AGRICULTURAL RESIDENTIAL SINGLE FAMILY flESRiENT1AL DUPLEX RE5X7ENTAL ENTIAI MLTIR.E (A4LY RCO MULTIPLE RESOENt1AL INTERMEDIATE -1 CAL -2 L� M-1-A M- B-H NEWPORT t.:MiT COMMERCIAL GENERAL COMMERW MU•O CQMtiL CONFROLLEO MANUFACTURNO MAtWACTURrv6 COMBwING DISTflILT9 ~B `�r�r r r..ww ...+wr ~w=� «•r^•• rsu w w... ..«r.•ww awn ««� ww• .r.vr w... •• ""••� «'• w rr wwri+•sw ,uwr..uurr�.was w•wr•'ri� �� «ww �w.•wrnww ^"'r ^'•• r M•""'• `•`''• """ «•• •rsw va<nro r••rr+nM urP and ufn p-♦ 1 k USE PERWIT NOW. Business Description Pastabravo specializes in high quality fresh pasta dishes served in a casual, quick service atmosphere. A variety of Hot pasta entres and cold pasta salads are served from 1.1:00 to 9:00 daily from an average service staff of 4 or 5 employees per shift. 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