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Home My WebLink About3334 WEST COAST HIGHWAYDEC-14-2007 16:44 SANTR RNA 714 953 44B6 P.02 Department of Alcoholic Beverage Control ZONING AFFIDAVIT State of Callfomin ARNOLD SCHWARZENEGGER, Governor Instructions to the Applicant: Complete Items 1-14, Sign and date theform and submit it to ABC. 1. APPLICANT(S) NAME (W54first. m09) LOS ARCOS NEWPORT LLC 2. PREMREBADDRE35(saeetnumber sndn o oly,2v code) 3, PARCELNUMBEROFPROPERTY(Obtmnfran 3334 W. Coast Highway, Newport Beach, CA 92660 GoenIY ASSMofk O lc91 4. TYPE OF UCENSE APPLIED FOR 47 a UPGRAOS OF UCENseclpmVl1.EGES ❑Yes ONO47 $. CURREM LICENSE TYPE AT THIS LOCATION. WANY 7. TYPE OF BUSINESS (I,9., 1`011VfanL mmI•mar1, Sae elation, talc.) Restaurant e. ARE THE PREMISES INSIDE7HE 0 Yes [] CRY LIMITS? No For answers to Qtiations 9 -14, comactyour local city OR county planning department (if ins -Re the city icons, — contact ci planning; ifoutside, contact OLLnL planning a. HOWARE APPUCANr PREMISES ZONED7 STATE TYPE ll 9.10' co=wool,'R revomijal. etc.) Commercial 10. DOES ZONING PERMIT INTENDED USE? 11.1S ACON01110NA1ASB PERMIT(C.O.P.) NEEDED? 1Z. IFYES, DATE YOU FILED APPLICATIONFOR C.U.P. QYes �No Please ehnch copy of ro;cPt er C u P ) dyes Yes No 13. NAME OFPIANNER CONTACTED AT N DEPARTME r Rosalind Ung, Planner, 14, PLANNER'$ PHONE NUMBER `.. 2�� rj� (949 ) 644.3200 _ Under tb�penalty of pM' , I declare the information in this affidavit is true to the best of my knowledge. 9/24/07 FOR DEPARTMENT --�'"�•"T'--T"-'��-�� ❑ C.U.P. Approved IF APPROVED, EFFECTIVE DATE FILENUMEER C.U.P. Denied DATE DENIED GENERAL INFORMATION Section 23790 of the Business and Professions Code says that ABCmay not issue a retail license contrary to a valid zoning ordinance. This form will help us determine whether your proposed business is properly zoned for alcoholic beverage sates. •A conditional use permit (CUP) (Item 11) is a special zoning permit granted after an individual review of proposed land -use has boon made. CUP's are used in situations where the proposed use may create hardships or hazards to neighbors and other community members who are likely to be affected by the proposed use. The ABC district office will not make a final recommendation on your license application until after the local CUP review process has been completed. If the local government denies the CUP, ABC must deny your license application. 23790. Zoning ordinances. No retail license shall be issued for any premises which are located in any territory where the exerDisc of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any Premises which had been used in the exercise of those rights and privileges at a time prior todhe effective date of the zoning ordinance may continue operation under the following conditions: (a) The premises retain the same type of retail liquor license within a license classification, (b) The licensed premises are operated continuously without substantial change In mode or character of operation. For purposes of this subdivision, a break In continuous operation does not include: (1) A closure for not more than 30 days for purposes of repair, if that repair does not change the stature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages. (2) The closure for restoration of premises rendered totally or partially inaccessible by an act of Cod or a toxic accident, if the restoration does not increase the square footage of business used for the sale of alcoholic beverages. 'EC 0 Q 2007 �attfaA.nz�11i1;:� ''1?b'li? DEC-14-2007 16:44 SANTR ANR 714 953 44e6 P.03 Department of Alcoholic Beverage Control ZONING AFFIDAVIT State of Cahfomia ARNOLD SCHWARZENEGGER Govemor Instructions to the Applicant: Complete Items I -14. Sign and date the form and submit it to ARC. 1. APPUCANr(5) NAME MM 15ML Mn1108) LOS ARCOS NEWPORT LLC 2, PREMISESADDRE55(51(eOl nVmOer estl naln0, dly, a0 o0tla) PARCEL NUMBER OFPROPERTY (Obtain Gpn C004ty ASaMWA Ogee) 3400 W. Coast Highway, Newport Beach, CA 92660 ANY 21 1 uYes ENO 21 7, TYPE OF BUSINESS P.%. rmtsurenl. minwan, aas atatIon, ete0 B. ARE THE PREMISES INSIDE THE CITY LIMITS? Market Qd Yes EjNo For answers to Questions 9-14, contact your local city OR county planning department (if inside the city limits, contact ci planning; if outside, contact 22yntXplanrung. S. HOWARD APPLICANT PREMISES ZONED? STATE TYPE (I.a..'C'c0e wn 0,-WmIllWO. ow) Commercial 10. DOES ZONING PERMIT INTENDED USE? 11. IS A COND610NA4 USE PERMIT (C.U•PJ NEEDED? 12.IFYES,GATEYOU FILEp APPLICATION FORC.V•P• (ityes, as Plee agach mpy drerdP! Pr C.U.P.1 ✓ZYes ONO Yes ✓UNo 13 NAMEOPPLANNER ONTACTISPIATFIV41NINGOEPARTMGMT 14, PLANNER'S PHONE NVMeER Rosalind Ung, Planner -I 04 (949 ) 644-3200 Under the�ienalty of p ury, I declafe the information in this affidavit is true to the best of ray knowledge, I (J FOR DEPARTMENT USE ONLY IFAPPROVED, EFFECTIVE DATE FILE NUMBER �- C.U.P. Approved �.,.� OC.U.P. Denied DATE DENIED GENERAL INFORMATION -Section 23790 of the Business and Professions Code says that ABCmay not issue a retail license contrary to a valid zoning ordinance. This forth will help us determine whether your proposed business is properly zoned for alcoholic beverage sales. aA conditional use permit (CUP) (Item 11) is especial zoning permit granted after an individual review of proposed land -use has been made. CUP's are used in situations where the proposed use may create hardships or hazards to neighbors and other community members who are likely to be affected by the proposed use. The ABC district office will not make a final recommendation on your license application until after the local CUP review process has been completed. If the local government denies the CUP, ABC must deny your license application. 23790. Zoning ordinances. No retail license shall be issued for any premises which are located in any territory whom the exercise of the rights and privileges conferred by the license is contrary to a valid zonine ordinance of anv Premises which had been used in the exercise of those rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation under the following conditions: (a) The premises retain the same type of retail liquor license within a license classification. (h) The licensed premises arc operated continuously without substantial change in mode or character of operation, For purposes of this subdivision, a break in continuous operation does not include: (1) A closure for not more than 30 days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages. (2) The closure for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages, TOTAL P.03 Page 1 of 2 Ung, Rosallnh From: Michael C. Cho [mccho@pacbell.net] Sent: Tuesday, February 12, 2008 4:02 PM To: Ung, Rosalinh; Harp, Aaron Cc: Frizzell, Craig Subject: 3400 and 3334 W. Coast Highway (Old Arches Restaurant and Liquor Store) Rosalind, The operational characteristics of the former "Arches" location will be identical as in the past. With respect to the restaurant, the food will be continental/American. The only real changes will be that the interior will be cleaned up bringing the space back to its prime (eg. new wall coverings, kitchen, remodeled bathrooms, floor coverings). For example an original piece of carpet was found under a booth, the operator is having a carpet mill make carpet almost exactly the same pattern and color to retain the historic nature of the space. It will appear as if one stepped back in time. The public area footprint is unchanged, the location of the booths and tables will be very similar to the layout over the last 60 plus years. Two new restrooms have been added as the only significant change to the interior layout. The restaurant will be managed and operated by Tim and Liza Goodell who are Newport Beach residents (former operators of Aubergine, Troquet and Red Pearl Kitchen). It will be a place that all ages can eat and feel comfortable (eg. similar to a Hustons'/Bandera/Gulfstream). Essentially, it will be like stepping back in time to the golden age of the restaurant. Hours will be the same, lunch and dinner and will close when the last customer is ready, just like the former Arches. It is anticipated the restaurant will generally close at 11 pm Sunday through Thursday and 1:30am Friday and Saturday. The hours my be extended or reduced based on market demand. These hours are the same as some other old time restaurants in the area. A full menu will be available along with a late night menu. The kitchen will close at midnight unless demand for food items continues. The exterior will remain the same with the exception of touch up and new signage, pursuant to sign permits. With respect to the liquor market, the operation will be the same just cleaned up with a larger selection of market (non-alcoholic) related products (eg. gourmet food products, pastries, prepared meal replacement, sandwiches, small selection of organic produce and meats, cheeses, breads and coffees/teas). Like the former Arches, you will be able to purchase a wide variety of food and beverage products. It is anticipated that no more than 50% of the public area will for the sale of alcoholic beverages. The liquor market will be open from lam to 1:30am. The interior of the liquor market will look substantially the same but cleaner. The interior layout and exterior footprint will remain the same. As for the site, the parking and drive aisles will remain the same. If valet parking is provided, the operator will come in for appropriate permitting. Ownership is comprised of a number of Newport Beach residents including McG, Chris Brigandi, Mark McGrath, David Beauchamp, Alan Shepherdson, Bob Hurley, Stan Frazier, The Briggs Family, Tim and Liza Goodell, John Newsome and myself (work in Newport). The restaurant and liquor market are currently undergoing TI renovations. Call me if you have any questions. of , 1 J %C Michael C. Cho, Esq. per Aaraht px4v . L A.6(.�e k Bernard & Associates r I 3991 MacArthur Blvd., Suite 340 2ri$'O�G Newport Beach, CA 92660 (949) 263-1511 Telephone (949) 263-0229 Facsimile 02/15/2008 Page 2 of 2 (949) 852-8487 Direct w/ voicemail mccho@pacbell.net INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT (949) 263-1511. THANK YOU. 02/15/2008 COMMISSIONERS a Y. CITY OF NEWPORT BEACH MINUTES July 9, 1987 ROLL CALL INDEX verbal report from staff in conjunction with car Misting washing activities including misting devicesin Devices existing automobile sales leasing and service fa, cil- ities located in the City. INITIATED BY: The City of Newport Beach Mr. Hewicker recounted for the Commission a little of the history of the use of misters by existing automo- bile sales, leasing and service facilities located throughout the City. He explained that misting devices are usually mobile units, water is applied under pressure to a vehicle to clean it, and when operated properly, very little water reaches the ground; any residue on the car is wiped away with a cloth. He compared this method to a car wash rack that must be connected to a sewer drain. In reply to Commissioner Koppelman's question as to how much water reaches the ground, Mr. Hewicker stated it varies and depends upon the misting device being properly used by the operator. Commissioner Pomeroy stated that he had had several occasions to view the operation of the misters and opined that very little water reached the ground. Assistant City Attorney Carol Korade stated that the issue in question is whether or not to exempt misting devices from the same conditions applied to a car wash rack. The consensus of the Planning Commission was that misting devices could be used in the open as long as they are used properly (i.e. a minimal amount of water hitting the pavement). x** -32-