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HomeMy WebLinkAbout2241 COAST HWY W2 ✓Torocc; f ed e's r ilces -upIi i t !.ows on: Fri aye 1- BRON BEN-YEHUDA Daily hlot fter leaving the set of "Casablanca," Ingrid rgman and Humphrey Bogart. tuld feel at home Friday nights Windows on the, Bay in New- rt Beach, The club's Moroccan design adds an exotic GHT LIFE. touch t°.the romance, drama . d sexual suspense that fill the on "Windows Fridays," as ttily dressed single men and imen gather for drinking and ncing, The weekly event is aimed at racting a stylish crowd of club- rs in their late 20s and 30s. "I try to put togethera good oup of people that don;t neces- -ily go to younger dance dubs Orange County," said Robert as, who is part of Elite Group tertairtment, the event's pro - )ter. To discourage young ne'er-do- ills from crashing the party, .re's a $10 cover charge and a WINDOWS FIZIDAYS +'WHERE.- Windows on the Bay, 2241 W. Coast t Highway, Newport Beach •D WHEN: 9 p.m. to 2 a,m. Fridays �-S-HOW MUCH: $-10 •8 TELt HONE (949) —i 223-3800 . . beefy door host who screens out those wearing tom jeans or ten- nis shoes. Instead of discount beer specials, premium drinks are available, including martinis. Windows offers an entire entertainment experience, Fries said. "Now. it's one of the only local spots on the water that has danc- ing and a smoking patio out- side," he said. As its name implies, Windows takes full advantage of its prime location by the bay by offering an expansive view of the cool, calm waters. 'per AMACHI X 5 1 s Authentic Sushi Bar • Elegant Dining a Complete Bar luBCR 1110N-ml SATURDAY NIGHT SPECIAL S 11:30>tm • Z:OOptR DINNER fA0N4AT . Spicy Tuna or California Hand Roll 5:D00m•10:00pRt 2675 Irvine Ave. S2 00 EACH S Costa Mesa (acmnhom HeWpo,t Golf Cuuee) 5 r Sushi To Go 645-5518 . 645-5519 SINCI Flavorful &•Delicious Lunches.& Dinner Unique wine room & dining rooms available for group business meetings and private functions 723-0621 Please Call For Reservations and Directions 25i Shipyard Way • Newport Beach TIRED OF LOOKING OVER YOUR SHOULDER? SMOKE LEGALLY WHILE YOU WATCH SATELLITE SPORTS, PLAY GAMES AND I . F. I POOL & HAVEA GREAT TIMEI ya sure, you bets The dun -colored interior fea- tures classic drop fans and high - domed ceilings. Striking, intri- cate Islamic design patterns are carved into the walls above the bar area. Another rarely seen but refreshing touch for a club are the potted plants found all around, Spinning the dance mixes one night last week was DJ Roly Quiambao, who played every- thing from Top 40 to hip -hop, disco, house and progressive, "I try to blend them all togeth- er," he said. The music volume was strong but not overpowering, and guests were swinging and sway- ing on the dance floor, flooded by multicolored rotating lights. If you want to take a breather, there are plenty of comfortable booths or stools to sit on. For a smoke or a breath of fresh air, you can venture out to the patio area, which is set up like a tent, with a clear plastic covering and heaters to keep the moist chill at bay. The club can hold 400 people; by 10:30 that night, the place was filling up, but was far from overflowing. It closes at 2 a.m. Despite Elite's best efforts, young whippersnappers showe up anyway. "We know this is a good pla to go," said April Fly, 21, of Ne port Beach, who goes clubbing about twice a month with her friend. "It's more upscale." But upscale doesn't mean upbeat. "If you want to be mellow, y come here," Fly said. "If you want to have fun, you go to Cli Rubber." Ray Gallagher, 31, of Dana Point came to Windows becaus at Twin Palms "there wasn't much of a buzz. Sort of flat," It, said. Gallagher's friend, Tom Quit 24, of Newport Beach, wouldn' have suggested coming to Win cows, but apparently the new promotion hooked him in. "This place is never a place go on Friday night, until recent ly," he said. BRIEFLY IN ENTERTAINNIEN'', Four screenwriters to speak at library Four screenwriters will discuss how a passion for film can blossom into a career at 7 p.m. Zbesday at the Newport Beach Central Library, 1000 Avocado, Ave., New- port Beach, The free entertainment indus- try form will be sponsored by the fourth annual Newport Beach International Film Festival, wlrfcli will be held March 25 to April 4. The panel includes: a David McKenna, whose first screenplay, "AmericanI-EstoryX," was sold to New Line Cinema, His second movie, "Jello Shots," will be released this summer. He recently signed a two -picture deal with Warner Bros. Pictures. • Seth Pinsker, who has worked in film, television and commer- cials. He wrote, directed and pro- duced theeAcademy Award-nomi- For Reservations, �J Please CallTb11Free 877-257-0900 5165 S. Decatur Blvd. Lasvegas, NV 89118 nated film "Strange Fruit." He a wrote and directed "The Mild II" for New, Line Cinema a developed "The Substitute" Apollo Pictures. a Linda Voorhees, who receiv the Jack Nicholson Screenwriti Award for "Mother Earth]" S also wrote a movie -of -the -wet "For the Love' of Zachary," tl will be broadcast on ABC-TV. • William Robert Woolery, w is a professor of screenwriting UCI. He wrote, directed and p duced the documentary "i 1000." He also has written a produced stories for ABCs "Wo News Tonight." Hand -carved statues to awarded during the festiv which is dedicated to showcasi independent films from arou the world, will be unveiled at I forum. For more information, can (9, 717-3870. • located lust N into From'nte Strip �. DESERT PARADISE RESORT I4tunb w toans, Mawolnobs. all 141 tull,eh? HERE A City of Newport Beach Planning Commission Minutes October 23, 1997 Windows on the Bay Restaurant (Scott ShuNieworth, applicant) 2241 West Coast Highway • Use Permit No. 3293 (Amended)(Continued Public Hearing) Request to amend conditions of approval of an existing full service restaurant to change the operational characteristics to allow: • the cessation of regular meal service prior to the closing of the restaurant and operation of the facility as a bar/nightclub with alcoholic beverage service as the principal purpose from that time until closing; • an increase in the permitted hours of operation of the restaurant and the outdoor dining area; • the retention of a service bar in the outdoor dining area; • a change to the type of permitted live entertainment which is currently limited to combos and madachi bands; • the retention of a loudspeaker sound system in the outdoor dining area. Mrs. Wood, Assistant City Manager stated that at the September 181h Planning Commission meeting on this matter, a number of questionswere raised and staff has done additional work. Staff has complied with the request for additional notification to Lido Island residents as well as noise measurements taken (during live entertainment) on Lido Island on Saturday nights. They all show that there is compliance with the Community Noise Ordinance. Resulting from continuing discussions with the applicant and the Police Department, staff is recommending some changes and conditions of approval from the original report. These recommendations are in areas of the hours of operation for outside dining, the outdoor service bar, the number of entertainers in the live entertainment area and the loudspeakerand paging system. At Commission inquiry regarding a live entertainment permit to address live entertainment, staff noted that the Municipal Code provisions for live entertainment permit is more of a ministerial than a discretionary action. Therefore staff believes it would be less appropriate to attach conditions to a live entertainment permit dealing with a number of entertainers than it is for the use permit. Therefore, it is included in Condition Number Seven. Mrs. Wood proceeded with the following staff recommended changes to condition 10: Strike the last sentence, starting with ....Upon evidence that noise generated by the .... as it is redundant and this matter is addressed in condition 11; condition 13: the last sentence starting with ....The approval will also allow the establishment, including. INDEX Item No. 1 Use Permit No. 3293 A Approved City of Newport Beach Planning Commission Minutes October 23, 1997 Public Comment was opened. Detective Frizzell of the Newport Beach Police Department, responding to questions raised by the Commission, stated that there has been no evidence that the bar on the patio has been licensed by the ABC following the September 18th Commission meeting. The applicant (Mr. Shuttleworth) went to the office of the ABC at Police Department direction and obtained a duplicate license for another bar. ABC was going to authorize the duplicate license for the bar on the patio but there appears to be a mix up in the paperwork as instead, a portable bar inside has been licensed and the bar on the patio has not been licensed yet. It is the applicant's responsibility to make sure that the outdoor bar is properly licensed (requirement of the state 'law). Responding to commission inquiry, Detective Frizzell stated that with condition 28 in place which recommends the six, twelve and 24 month review, that at this time, the recommended hours are acceptable to the Police Department. Scott Shuttleworth, 1918 Holiday Road, applicant, at commission inquiry, stated he has read, understands and agrees to the conditions and findings in the report dated October 23rd. Commissioner Adams asked about the outdoor bar having an ABC license. Mr. Shuttleworth, stated that there was an additional permit needed as noted by the officer of the ABC who did a walk through with himself and Detective Frizzell. He has obtained that additional permit and is not aware of any non-compliance, but will check with ABC and take care of any discrepancies. Continuing, Mr. Shuttleworth stated that he has no intention to change the operation of the restaurant from the way it has been for the last three years. There has never been a paging system and there is no intention of adding one. There have been small speakers throughout the restaurant and on the patio that provide background music. There is no entertainment on the patio nor amplification of music on the patio from the entertainment inside. Concluding, he stated that he wants to bring the conditional use permit up to the level that the restaurant has been operating at when he found out it was not in compliance. Lynn Berris, 302 Via Lido Nord stated her concerns about this petition. During the first summer she lived there, Windows was in violation of the permit as they did have entertainment on the patio. She filed a few complaints about the noise. The way the restaurant has been operating with the last year is fine, the live entertainment is inside and there is little noise. She is concerned about the ability to have speakers outside and wants some type of condition to control the sound of INDEX City of Newport Beach Planning Commission Minutes October 23, 1997 music. It was noted by Commission that Condition 10, "...that the speakers shall not be utilized in conjunction with the sound system of the live entertainment and shall be limited to pre-recorded music and paging of patrons only....... If the ambient noise does carry over, the City can shut them off. Commission also has the authority to review at various points of time with notification. Lynn Velasko, 310 Via Lido Nord commented that she is concerned about the noise emanating from speakers on the patio. At commission inquiry, she stated that within the last six to twelve months, she has not had any problem with noise coming from the restaurant. Commissioner Fuller stated that the speakers on the patio, if this application is approved, will be lowered to below the wall that is in place now. Public Comment was closed. Commissioner Adams stated that with b, 12 and 24 month reviews, the call ups would be in April and October of 1998 and October of 1999. If there are problems, we can expect those to come up when the weather gets warmer in the summer. April will not be a good indication of this and then it won't be heard until summer is over in October. He suggests modifying the review to be called up in July, 1998 and July, 1999. This will be a call up in 9 months and then 21 months, which then mean a call up in the midst of each summer. if there is a problem in the meantime, the residents need to call the Planning Department to let them know. Mrs. Wood recommended that the re -wording say in July of 1998 and in July of 1999, to insure review at the times the Commission desires. Motion was made by Commissioner Ridgeway to approve Use Permit No. 3293 (Amended) with the following modifications: Condition 10: Strike the last sentence, starting with ....Wpea ewdenee Condition 13: the last sentence starting with ....The approval will also allow the establishment, including. Condition 28: change review time to read: That this Use Permit shall be subject to review by the Planning Commission in July, 1998 and in July 1999. Without objection and one absent, the motion carried by acclamation. INDEX City of Newport Beach Planning Commission Minutes October 23, 1997 Findincis: That the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational Marine Commercial" uses and a restaurant and bar/nightclubare permitted uses within this designation. 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 1 (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. The approval of an amendment to Use Permit No. 3293 (Amended) to allow the business to operate as a bar/nightclub, to increase hours of operation, to change the type of entertainment, and to retain speakers in the outdoor dining area 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 restaurant use is compatible with the surrounding commercial and nearby residential uses since restaurant uses are typically allowed in commercial districts and this operation is similar to others in the area. • The control of noise can be achieved by the limitation on the location of the specific noise generating activities (live entertainment), the requirement that doors and windows remain closed, the limitations on the speaker system in the outdoor dining area and compliance with the provisions of the Municipal Code, Community Noise Ordinance. • The proposal will not add a new liquor license to an overconcentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. • The increased parking demand resulting from the establishment operating as a bar/nightclub will be offset by the closing of the main dining areas of the facility when meal service ceases. • The crime rate in the Police Reporting District where this facility is located is only 4% above the Citywide average and well below the level considered as significant in INDEX City of Newport Beach Planning Commission Minutes October 23, 1997 State alcohol beverage regulations(120%of the Citywide average). The establishment will continue to operate principally as a full service restaurant and the bar/nightclub operation will occur on a limited basis based on the overall hours of operation of the facility. The operation as a bar/nightclub will be limited in scope since a large portion of the main dining areas will be closed when the regular food service closes. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That all applicable previous conditions of approval of Use Permit No. 3293 and its amendments shall remain in force (dated February 18, 1988, September 10, 1992 and April 8, 1993), except as noted below. 3. That the hours of operation of the restaurant/bar shall be limited to between 9:00 a.m. and 2:00 a.m., daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this use permit. 4. That regular food service from the full -dinner menu shall be made available until 10:00 p.m., Sunday through Thursday; and 12:00 a.m., Friday and Saturday. When the regular food service ceases to be provided, the main dining rooms shall be closed to the public and not utilized. The final plan of the dining areas to be cordoned off and the method utilized shall be approved by the Planning Department and the Police Department. 5. That alcoholic beverage service within the facility shall cease at 1:00 a.m. daily, with the exception of those activities approved in conjunction with a special events permit. That the alcoholic beverage bar located in the outdoor dining area shall cease service at 1:00 a.m. daily and may not be approved for extended hours in conjunction with a special events permit. 6. A security plan shall be submitted and approved by the Police Department which shall include, but not be limited to, the provision of security personnel for the restaurant and its parking areas to provide security, crowd control, and to discourage loitering and to correct objectionable conditions that may constitute a nuisance. That a security plan shall be submitted and Ih;L11 City of Newport Beach Planning Commission Minutes October 23, 1997 approved by the Police Department which shall include, but not be limited to, the provision of security guards for restaurant and parking lot security and crowd control purposes. That the live entertainment shall be limited to a maximum of 5 performers until 8:00 p.m. and 3 performers after 8:00 p.m. (total of musicians, vocalists, etc.) with amplified sound. The sound from such activity shall be confined to the interior of the restaurant and all doors and windows of the establishment shall remain closed during all performances, except when persons enter and leave by the main entrance of the facility. 8. That live entertainment in excess of the limitations of this approval (number of performers) may be approved by the Planning Director on a case -by -case basis taking into consideration such factors as: the time of day of the activity, the number and types of performers, and the location of the performance within the building. The Planning Director may, at his or her discretion, refer the matter to the Planning Commission for approval. That the operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The use of outside loudspeakers, paging system or sound system shall be included within this requirement. The noise generated by the proposed use 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 depicted below for the specified time periods: Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interi r exterior inferior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 10. That the existing speakers located in the outdoor dining area shall be relocated (below the line of the patio barrier/fence) to confine the noise to the patio area and shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code and as stated in Condition of Approval No. 8 above. Further, that the speakers shall not be utilized in conjunction with INDEX City of Newport Beach Planning Commission Minutes October 23, 1997 the sound system of the live entertainment and shall be limited to pre-recorded music and paging of patrons only; and that the use of the speakers for paging shall cease at 10:00 p.m. daily. 11. 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, if required by the Planning Director. 12. That a Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant and as a bar/nightclub operation after regular meal service ceases in the restaurant. 13. That the approval is for the establishment of a restaurant type facility as defined by Title 20 of the 'Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. The approval will also allow the establishment,eiag including the outdoor dining area, to operate as a bar/nightclub type facility as defined by Title 20 of the Municipal Code after the specified restaurant hours of operation, with the principal purpose for the sale and service of alcoholic beverages with incidental food service. 14. That this approval shall not be construed as permission to allow concerts as defined by the Municipal Code, unless an amendment to this use permit is first approved by the Planning Commission. 15. That a special event permit issued by the Community Services Department and approved by the Police Department and the Planning Department shall be required for the following events or activities (Said special event permit shall be completed and submitted to the Community Services Department at least 30 days prior to the date of the event, unless other arrangements are made with the City departments, to allow adequate time INDEX City of Newport Beach Planning Commission Minutes October 23, 1997 for the Police Department and other City departments to review the application and to impose additional conditions of approval): • any event or activity within the dining areas of the restaurant which is contemplated not to operate with the sale or service of food and beverages as the principal purpose during the specified restaurant hours (i.e., conversion of dining area to bar service area during restaurant hours) which utilizes a majority of the dining area of the facility. • any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives shall be permitted to share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks. 16. That a maximum of 12 special event permits for events or activities operating outside of the above mentioned restaurant and bar/nightclub operation shall be approved per calendar year. 17. That the project shall comply with State Disabled Access requirements. 18. That in conjunction with the Cafe Dance Permit, the final location of the dance floor shall be approved by the Building Department and the Fire Department to address occupancy and fire exiting requirements of the interior of the restaurant. 19. That a minimum of 140 parking spaces (one parking space for each 40 sq.ft. of net public area) shall be provided and maintained on -site. 20. That the on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer to determine compliance with the parking plan approved with the previous use permit if any alterations to the parking lot are made. 21. That the area outside of the restaurant establishment, including the public sidewalks or walkways, shall be maintained in a clean and orderly manner. 22. That all trash shall be stored within the building or within dumpsters City of Newport Beach Planning Commission Minutes October 23, 1997 stored in the trash enclosure, or otherwise screened from the 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. 23. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 24. That storage outside of the building shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 25. 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. 26. That all signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 27. That no temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the food 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. 28. That this Use Permit shall be subject to review by the Planning Commission at its second meeting in July 1998 and July 1999, at which time 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. 29. 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. 30. That this Use Permit shall expire unless exercised within 24 months 10 INDEX City of Newport Beach Planning Commission Minutes October 23, 1997 from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. SUBJECT: Bonita Canyon (The Irvine Company, Applicant) • General Plan Amendment 97-2 • Amendment 865 • Development Agreement 11 Amendments to the General Plan, a prezone amendment, a Planned Community District development plan, and a development agreement for the Bonita Canyon area (formerly Harbor View North) to establish pre -annexation entitlements in association with the proposed detachment of this area from the City of Irvine and annexation to the City of Newport Beach. Ms. Temple stated the staff presentation will summarize the key issues associated with the Planning Commission consideration of this project. It has been structured to provide information in response to issues and questions raised by the members of the public in their correspondence to the Planning Commission. Information provided in this presentation has been limited to those issue areas within the purview of the Planning Commission. Any issues raised in correspondence which is within the jurisdiction of the city council will be addressed when this proposal is heard by that body. Under consideration as part of this request is a General Plan Amendment, a prezoning of property, the adoption of a Development Plan, and the approval of a Development Agreement. In each of these actions, the Planning Commission does not make a final determination, but its action is to make a recommendation to the City Council on these items. The Planning Commission does not make a recommendation nor take any action related to the decision on annexation. Its only role is to make recommendations on the land use and development scenario to be implemented if the area is annexed to the city. Therefore, the annexation and related fiscal issues are not within the jurisdiction of the Planning Commission. Additionally, issues related to schools are not within the jurisdiction of the Planning Commission. This development has been approved by the City of Irvine, and will occur with or without annexation. The Planning Commission is considering what the land use entitlement should be if the area is incorporated into Newport Beach. INDEX Item No. 2 GPA 97-2 A 865 DA No. 11 Recommended for Approval MEMORANDUM To: Jay Garcia, Senior Planner From: Code Enforcement Supervisor Subject: Windows on the Bay (Noise easurements) Date: October 14, 1997 The following noise measurements were made as indicated on a Quest-215 Sound Level Meter after having been calibrated to O at 110db slow response, A weighted scale. September 27, 1997 End of pier on Lido Isle at Via Antibes 12:45 a.m. Noise from music/people on patio area Peaks to 52db (laughing and clapping) Music was barely audible in range of 47-48db Ambient 47-48db Peaks (due to traffic increase) to 52db From parking lot 171' to interior doors of the structure and 135' to exterior patio. 12:20 a.m. Noise from music/people on patio area Peaks to 58db Ambient 53db Due to traffic noise Peaks 58db October 4, 1997 End of pier on Lido Isle at Via Antibes 11:55 p.m. Noise from people on patio area Peaks to 52db Noise from music Peaks to 49db Ambient 47db October 5, 1997 From parking lot 171' to interior doors of the structure and 135' to exterior patio. 12:30 a.m. Noise from people on patio/music Peaks to 52db Ambient (due to traffic) 54db October 11, 1997 From parking lot 171' to interior doors of the structure and 135' to exterior patio. 12:45 a.m. Ambient 52db Noise (from Margaritaville) Peaks to 53db End of pier on Lido Isle at Via Antibes 1:00 a.m. Ambient (primarily from wind) 50db Noise from facility None r. I- � I i , � I i I � i Sinasek, Jim From: Frizzell, Craig To: Sinasek, Jim Subject: FW: Development Review Committee Date: Thursday, April 24, 1997 3:32PM FYI From: Kuhlmann, Darleen Sent: Thursday, April 24, 1997 2:26 PM To: Frizzell, Craig; Green, Brad; McDermott, Mike Subject: Development Review Committee Scott Shuttleworth (Windows on the Bay) requesting to set up bar on the patio. May 1 st, at 9:20 a.m. e �t ' ' �� ,4b� �,,U CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 April23, 1997 Scot Shuttleworth % Windows on the Bay/BHG II Ltd. Ptr. 2241 W. Coast Hwy. Newport Beach, Ca. 92663 Subject Property: 2241 W. Coast Highway (Windows on the Bay) Use Permit No. 3293A Re: New bar expansion Dear Mr. Shuttleworth: It has come to our attention that you intend to add a new alcoholic bar area to your previously approved outdoor dining area You should be advised that the addition of a bar area would be considered a significant change in the operational characteristics of your facility. As such, an amendment to your existing use permit would be required prior the addition of a new bar. This requirement is provided for in Newport Beach Municipal Code Section 20.82.060. If it is your intention to pursue this change in operational characteristics you may submit an application for an amendment to your use permit. Prior to doing so you should discuss this issue with Mr. Jay Garcia, Senior Planner, with the City's Planning Department. You may reach Mr. Garcia at 714-644-3200. Should you have any questions you may contact the undersigned between the hours of 7:00 to 8:00 a.m. or 3:30 to 4:00 p.m. at 714-644-3215. Very truly yours Raimar Schuller, Director Building Department Enforcement Supervisor Sharon Wood, Assistant City Manager Planning/Building Craig Frizelle, Newport Beach Police Dept. Jay Garcia, Senior Planner, Newport Beach Planning Dept. 3300 Newport Boulevard, Newport Beach Business License Information 8:59:26 Account No:00017293 License No:96013181 Bus Start:11/01/94 Bus Cease: [ ] Printed? Renewal Frequency:ANNUAL Assessment Basis:OTHER Fee Designation:01 Expiration Date:10/31/97 [ ] Bims Lead? [ ] Pending? [X] Business In City? [X] Address OK? [ ] Home Business? Business Name:WINDOWS ON THE BAY/BHG II LTD PTR Address:2241 COAST HWY W # City:NEWPORT BEACH State:CA Zip:92663-0000 Phone:714/722-1400 Mailing Name:WINDOWS ON THE BAY/BHG II LTD PTR Mailing Addr:2241 COAST HWY W City:NEWPORT BEACH State:CA Zip:92663-0000 BEAN:99602947 SEIN:0000000 FEIN:330617594 SIC:5812 EATING PLACES, RESTAURANTS Business Type:PARTNERSHIP Business Descr: Occupied Sqft: Emps 1: 45 2: Units: Parcel Number: Corp. ID: State: Contr Lic No: CL Exp: / / Type: Workers Comp: Policy Number: Carrier: Exp: <Next> Owner Name:WINDOWS ON THE BAY <Prev> Title: <List> Address:2241 COAST HWY W City:NEWPORT BCH State:CA Zip:92663- Phone: / - DL No: SSN: - - < Next > < Prev > < First > < Last > <Browse > < Find > < Order > < Exit > <Next> Emergency Contact:SCDTT SHUTTLEWORTH <Prev> Contact Order:PRIMARY <List> 'Address: < Notes > City: State: Zip: - Emergency Phone:714/631-51 Time: M - M Secondary Phone: / - Time: M - M BL MAIN:12,779/21,265 Order: Business Address View: Entire File CO:MMSSIONERS ro.�o�s CITY OF NEWPORT BEACH MINUTES April 8, 1993 ROLL CALL INDEX 4otion kyes kbsent * * * * * * Motion was made an on to remove Item No. 2 from calendar. MOTION CARRIED. Use Permit No 3293(Amended) (Public Hearing) Item No. Request to amend a previously approved use permit which permitted the addition of live entertainment and an outdoor dining area to the existing Cano's Restaurant with on -sale alcoholic beverages, tandem parking spaces and valet parldng on property located in the "Recreational Marine Commercial" area of the Mariner's Mile Specific Plan. The proposed amendment involves UP3293A Approved a request to add dancing to the existing restaurant operation. LOCATION: A portion of Lot H, Tract No. 919, located at 2241 West Coast Highway, on the southwesterly side of West Coast Highway, between Tustin Avenue and Dover Drive, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Marie Johnson (Can's Restaurant), Newport Beach OWNER: Ardell Investment Company, Newport Beach The public hearing was opened in connection with this item, and Ms. Marie Johnson, 500 Cagney Lane, appeared before the Planning Commission on behalf of the applicant. The public hearing was closed at this time to allow Ms. Johnson time to review the findings and conditions in Exhibit "A". The public hearing was reopened and Ms. Johnson reappeared before the Planning Commission. In response to Ms. Johnson's request for a delay to improve the driveway aprons, Don Webb, City Engineer, suggested that the driveways be completed prior to. -10- OOAUMSSIONERS MINUTES CITY OF NEWPORT BEACH April 8, 1993 ROLL CALL INDEX the issuance of the Cafe Dance Permit. The requirement to reconstruct the existing drive aprons on West Coast Highway was in conjunction with the approval of Use Permit No. 3293 dated February 18, 1988, and Use Permit No. 3293 (Amended) dated . September 10, 1992. In response to questions posed by Ms. Johnson regarding Coastal Commission approval, James Hewicker, Planning Director, explained that staff that all discretionary items in the Coastal Zone must have Coastal Commission approval, and staff could stamp the required Approval in Concept in three weeks. Mr. Webb stated that the encroachment permit from CalTrans to reconstruct the driveways would take from two to three weeks. I - Commissioner Ridgeway stated that the minimum size for a dance floor in accordance with the Cafe Dance Ordinance is 400 square feet and the proposed dance floor is only 99 square feet wherein he determined that the proposed dance floor is too small for public safety. Discussion followed regarding his concern regarding the size of the dance floor. Mr. Hewicker explained that the Ordinance requiring 400 square feet also requires approval by the Revenue Division to issue the Dance Permit, and the City has been issuing Cafe Dance Permits for smaller dance floors for many years without a problem. There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made and voted on to approve Use Permit No. 3293 Motion Ayes * * * * (Amended) subject to the findings and conditions in Exhibit "A", Absent * * emphasizing that prior to the approval of a Cafe Dance Permit that the driveways be reconstructed as stated in Condition No. 6, i Exhibit "A". MOTION CARRIED. Findings 1. The proposed addition of a dance floor within the restaurant is consistent with the Land Use Element of the -11- COAF=SSIONERS CITY OF NEWPORT BEACH MINUTES April 8, 1993 ROLL CALL INDEX General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the proposed dancing is in keeping with the existing. restaurant operation. 3. The project will not have any significant environmental impact. 4. That the proposed addition of a dance floor can be adequately served by on -site tandem parking. 5. That the waiver of the development standards as they pertain to walls, will not be detrimental to adjoining properties. 6. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 7. 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. 8. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 9. That the approval of Use Permit No. 3293 (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 and further that the proposed modification to the Zoning Code so as to allow the use of additional tandem parking spaces is consistent with the legislative intent of Title 20 of this Code. -12- COMMSSIONERS MINUTES CITY OF NEWPORT BEACH April 8, 1993 ROLL CALL INDEX Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan,, except as otherwise provided in the following conditions. 2. That all previous applicable conditions of approval of Use �^►=._ Permit No. 3293 (Amended) shall remain in effect. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a Cafe Dance Permit for the proposed dancing shall be approved by the City in accordance with Section 5.32.030 of the Municipal Code. 5. That the applicant shall obtain Coastal Commission approval of this application prior to the approval of a Cafe Dance Permit. 6. That prior to the approval of a Cafe Dance Permit, the easterly side of the easterly driveway apron and'both sides of the westerly drive apron along West Coast Highway be flared in conformance with the City's Standard Flared Drive Approach Standard 166-L in order to provide adequate ingress and egress to and from the site. All work shall be completed under an encroachment permit issued by the California Department of Transportation. 7. 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. -13- 60rdAIISSIONERS r., ,%\ Q m '\ mmko CITY OF NEWPORT BEACH April 8, 1993 ROLL CALL INDEX 8. 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. No. 3306 Amended (Public Hearin Item No., est to amend a previously approved use permit which allowed UP3306A a in the operational characteristics of the Cafe Lidoaur a t with on -sale alcoholic beverages located in the "Retail tort Servic Commercial area of the Cannery Village/McFadden 4/22/93 lPermit are Spe ' c Plan, so as to change the permitted live rtainment include jazz combos with amplified music, vocals percussion ' ruments, including drms. The proposal also ded a modifica 'on to the Zoning Code so as to permit the of compact parki spaces, and parking spaces and a trash osure that encroach to the required 10 foot rear yard setback d amendment includes a request adjacent to analley. Thep\Lido to add dancing to the rent operation and redesign the existing on -site parking. Thosal also includes modifications to the Zoning Code so as taisle widths that are less than the required width for comal o -street parking; and to allow a portion of the parking s an a chain with ballards, to encroach into the ten foot ard set ck adjacent to an alley. LOCATION: Parceof Parc Map 129-7-8 (Resuion No. 600),1 ated at 50130th Streethe northeasterly orner of 30th Street Villa Way, in a Cannery VillagFadden Square Sp ific Plan Area. ZONE: SP-6 APPLICANT: Joe zza (Cafe Lido Restaurant), Newport Beach -14- Planning Commission Meeting April 8. 1993 Agenda Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 3293 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the addition of live entertainment and an outdoor dining area to the existing Cano's Restaurant with on -sale alcoholic beverages, tandem parldng spaces and valet parldng on property located in the "Recreational Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposed amendment involves a request to add dancing to the existing restaurant operation. LOCATION: A portion of Lot H, Tract No. 919, located at 2241 West Coast Highway, on the southwesterly side of West Coast Highway, between Tustin Avenue and Dover Drive, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Marie Johnson (Can's Restaurant), Newport Beach OWNER: Ardell Investment Company, Newport Beach Application This application involves a request to amend a previously approved use permit which permitted the addition of live entertainment and an ,outdoor dining area to the existing Cano's Restaurant with on -sale alcoholic beverages, tandem parking spaces and valet parking on property located in the "Recreational Marine Commercial" area of the Mariner's Mile Specific Plan Area. The proposed amendment involves a request to add dancing to the existing restaurant operation. In accordance with Section 20.72.010 E of the Municipal Code, any significant change in the operational characteristics of an existing restaurant is subject to the approval of a use permit. 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 1(Existing Facilities). TO: Planning Commission - 2. Subject Properly and Surrounding Land Uses The subject property is currently developed with the existing Cano's Restaurant and related off-street parking for the restaurant and the boat slips bayward of the site. To the north, across West Coast Highway, is a restaurant, boat sales and an office building•, to the east is the Arden Ship Brokers facility; to the south is Newport Bay; and to the west is the Mariner's Mile Marine Center. Conformance with the General Plan and the Local Costal Program Land Use Plan The Land Use Element of the General Plan and the Local Costal Program Land Use Plan designate the site for "Recreational and Marine Commercial" uses. The restaurant facility is a permitted use within this designation, upon the securing of a use permit. 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 0.5/0.75 on the site; 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 facility 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 characteristics, to be 0.3. The area of the site is 95,396± square feet which would allow a maximum of 28,618± square feet of restaurant development (95,396± sq.ft. x 0.3 = 28,618 sq.ft.). The total gross floor area of the restaurant is 8,220± square feet with a corresponding FAR of 0.090. 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, Use Permit No. 3293 (Amended) is a discretionary application which also requires the approval of the Coastal Commission. Background The subject property was first developed for restaurant use in 1960. The original restaurant operation, known as The Stuft Shirt, was established on the site at the time when there was no use permit requirement for restaurants which were more than 200 feet from a Residential District. At its meeting of November 6, 1975, the Planning Commission approved Use Permit No.1773 which involved a request to increase the seating capacity of the restaurant and included the approval of a modification to the Zoning Code so as to allow the use of tandem parking in conjunction with a valet parking service and the acceptance of an off -site parking agreement. It should be noted that the restaurant expansion was never constructed; therefore, Use Permit No. 1773 expired 18 months thereafter. TO: Planning Commission - 3. At its meeting of April 13, 1976, the Modifications Committee approved Modification No. 1014 which involved a request to revise the on -site parking layout for the subject restaurant, so as to permit the use of tandem parking in conjunction with the valet parking service. Said parking plan provided a total of 167 on -site parking spaces (135 parking spaces for the restaurant and 32 parking spaces for the boat slips located bayward of the site). It should be noted that the existing restaurant continues to use the tandem parking design with a valet parking service. At its meeting of February 18, 1988, the Planning Commission approved Use Permit No. 3293 which involved a request to expand the "net public area" of the restaurant by converting an existing exterior deck and a portion of the enclosed portion of the restaurant to an outdoor dining area. Said approval also included a request for live entertainment consisting of a piano player and a single amplified vocalist and the acceptance of an off -site parking agreement. Although the outdoor dining area was never constructed (and the related off -site parking spaces were not needed), the applicant has exercised the live entertainment portion of Use Permit No. 3293. Staff has attached an excerpt of the Planning Commission minutes dated February 18, 1988 which sets forth the findings and conditions of approval for the original Use Permit No. 3293. At its meeting of September 10, 1992, the Planning Commission approved an amendment to Use Permit No. 3293, which allowed an increase in the "net public area" of the restaurant by constructing an outdoor dining area, as well as a change in type of live entertainment so as to allow musical instruments, whereas the previous use permit limited the type of live entertainment to one piano player with amplified voice only. The approval also included a modification to the Zoning Code so as to increase the number of tandem parking spaces on the subject property. The applicant has indicated that the addition od outdoor dining is not anticipated at this time. However, the addition of the outdoor dining area would be permitted under the provisions of this use permit until it expires in September 1994. It should be noted that this use permit has been partially exercised inasmuch as the applicant has taken advantage of the approval of the change in the type of live entertainment. An excerpt of the Planning Commission Minutes, dated September 10, 1992, is attached for Commission review. Previous Unmet Conditions of Approval It should be noted that the approval of Use Permit No. 3293 and the subsequent approval of Use Permit No. 3293 (Amended) required that the existing drive aprons on West Coast Highway be reconstructed using the City Standard Flared Apron Std-166-L. This condition has not been met. Because of the applicant's failure to comply with this condition, staff is recommending that should the Planning Commission desire to approve this application, that no Cafe Dance Permit be issued for the proposed dance floor until said condition is fully satisfied. . i, Ir TO: Planning Commission - 4. xistine Restaurant Ooerati The existing "net public area of the restaurant is comprised of a 2,493 t square foot dining room, a 1,625± square foot lounge/bar and a 622± square foot foyer/waiting area. The restaurant is permitted live entertainment, to include musical combos or a mariachi band. The current hours of operation for the restaurant are from 11:00 a.m. to 12:00 midnight Monday through Saturday and from 10:30 a.m, to 12:00 midnight on Sundays, and there are approximately 17 employees on duty during peak hours of operation, Analysis The applicant is now proposing to add dancing to the live entertainment of the existing restaurant operation. It is anticipated that said dancing will be offered after evening dining hours (from approximately 9:00 p.m. to 12:00 midnight nightly.) The applicant would like the approval for dancing to be flexible inasmuch as Cano's would like to offer dancing on a special occasion basis as well as in the e*nings (for example, on weekend afternoons). The proposed dance floor will include 99 sgft.± and will be located in the lounge area. The area devoted to dancing will be utilized for dining purposes during the early evenings. It should be noted that in accordance with Section 5.32.030 of the Municipal Code, the minimum square footage for a dance floor is 400 square feet when the seating capacity of the restaurant is in excess of 75 persons. A Cafe Dance Permit may be issued where less space is available upon the affirmative finding by the City that the area reserved for dancing is separate from the general seating of the patrons and the physical arrangement of the establishment in other respects is such that the lesser space would provide adequate room for dancing. Staff has no objections to the proposed dance floor. Required Off -Street Parking The original restaurant use was established when there was no off-street parking requirement for restaurants outside of the "H" District. Inasmuch as the subject property was then located in the C-2 District, it was not required to provide off-street parking. In conjunction with the approval of the original Use Permit No. 3293, the Planning Commission established a parking requitement for the restaurant at one parking space for each 40 square feet of "net public area." Based on such a formula, the existing restaurant requires 119 parking spaces (4,740 sq.ft. 40 sq.ft.= 118.5 or 119 spaces). With the allowable addition of the 830 square foot patio dining area (Use Permit 3293 Amended), the required parking would be 140 spaces (5,570 sq.ft.:- 40 sq.ft.= 139.25 or 140 spaces). In accordance with Section 20,30.035 of the Municipal Code, the Planning Commission may increase or decrease the parking requirement for a restaurant within the range or one space for each 30 to 50 square feet of "net public area" (186 parking spaces and 112 parking spaces, respectively) depending on the operational characteristics of the facility. TO: Planning Commission - 5. Provided Off -Street Parking As indicated on the attached site plan, the applicant is showing 144 restaurant parking spaces, a majority of which are in a tandem configuration which the applicant has previously been permitted in conjunction with the continuing valet parking service. It is staffs opinion that 140 parking spaces would be adequate for the subject restaurant operation should the applicant exercise the option to provide the previously approved outdoor dining area in addition to the proposed dance floor. 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. Due to the existing developed nature of the subject restaurant, the Planning Commission waived the development standards regarding walls surrounding the restaurant site in conjunction with the approval of the original Use Permit No. 3293. No further waiver is required at this time. 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 these applications, the findings and conditions set forth in the attached Exhibit "A" are suggested. It is staffs opinion that no findings may be reasonably made in support of the denial of this use permit application; therefore, no exhibit for denial has been provided. However, the possibility remains that information may be provided at the public hearing which may provide adequate basis for denial of this application, should the Planning Commission wish to take such an action. PLANNING DEPARTMENT Attachments: Exhibit "A" JAMES D. HEWICKER, Director Vicinity Map Excerpts of the � Planning Commission Minutes ,n^.,� By a �, L dA dated February 18, 1988 Dana O. Aslami and September 10, 1992 Associate Planner Site Plan and Floor Plan ,,, f TO: Planning Commission - 6. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3293 (AMENDED) Findirips 1. The proposed addition of a dance floor within the restaurant is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the proposed dancing is in keeping with the existing restaurant operation. 3. The project will not have any significant environmental impact. 4. That the proposed addition of a dance floor can be adequately served by on -site tandem parking. S. That the waiver of the development standards as they pertain to walls, will not be detrimental to adjoining properties. 6. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 7. 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. 8. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 9. That the approval of Use Permit No. 3293 (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 and further that the proposed modification to the Zoning Code so as to allow the use of additional tandem parking spaces is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan and floor plan, except as otherwise provided in the following conditions. .1. TO: Planning Commission - 7. 2. That all previous applicable conditions of approval of Use Permit No. 3293 (Amended) shall remain in effect. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That a Cafe Dance Permit for the proposed dancing shall be approved by the City in accordance with Section 5.32.030 of the Municipal Code. 5. That the applicant shall obtain Coastal Commission approval of this application prior to the approval of a Cafe Dance Permit. 6. That prior to the approval of a Cafe Dance Permit, the easterly side of the easterly driveway apron and both sides of the westerly drive apron along West Coast Highway be flared in conformance with the City's Standard Flared Drive Approach Standard 166-L in order to provide adequate ingress and egress to and'from the site. All work shall be completed under an encroachment permit issued by the California Department of Transportation. 7. 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. 8. 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. V161ml Ty MAp CLIFF pR/y[ .Y R'I AMK An A•! JAA y A•1 so r S0•S ♦A•� ...� 14 M.IA AV I \\ •pr +I Wyai • M1..1I •M h DISTRICTING MAP ` IMPORT BEACH - CALIFORNIA AGRICULTURAL NESIOCNTML AIM RESIDENTIAL SINGLE FAMILY RESIDENTIAL ONT CDYMf oi. D UPI.EA RESIOCNTIAL RESTb. WATIF'EI NWLY RESIDENTIAL NERAL COMMERCIAL rk-IMIANUM14TURIM CONEININS DISTRICTS 'T$..O_CLASSITIEDITED ONO. NO.•$S$ p N COMMERCIAL DEC xr to SO MAP NO ''COMMISSIONERS MINUTES FG'G0 ydo'G00g97 G9y9o� yP�����yoy 9 CITY OF NEWPORT BEACH February 18, 1988 ROLL CALL INDEX shall expire unless exercised rom the date of approval as r=5.ist one. Use Permit No 3293 (Continued Public Hearing) Item No.3 Request to permit the, expansion of the existing Cano's UP3293 Restaurant with on -"sale alcoholic beverages and live entertainment so as to increase the "net public area" of proved the restaurant by converting an existing exterior deck to an outdoor dining area. The proposal also includes a request to convert a portion of the existing enclosed dining area to an outdoor patio dining area, the approval of live entertainment, consisting of a piano and the approval of a lease for off - player/vocalist, site parking purposes for a portion of the required off- street parking. LOCATION: A portion of Lot H, Tract No. 919, located at 2241 West Coast Highway on the southerly side of West Coast Highway, easterly of Tustin Avenue (restaurant site); and Record of Survey 10-27 located at 2500 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue (off -site parking lot) in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: E1 Torito Restaurant, Inc., Irvine OWNER: Ardell Investment Company, Newport Beach The public hearing was opened in connection with this item, and Mr. Pat O'Daly appeared before the Planning Commission on behalf of the applicant. Mr. O'Daly stated that he concurs with the findings and conditions in Exhibit "A". Commissioner Koppelman referred to Condition No. 3 in Exhibit "A", providing that when live entertainment is performed that all windows and doors, except when entering or leaving the restaurant facility, shall be closed. She stated that there have been previous problems related to the restaurants who face the bay that has carried the sound across the bay to the residential areas. -5- COMMISSIONER$ o 0 goo �,pN0 0.Oro�vy Yy e- CITY OF NEWPORT BEACH MINUTE , February 18, 1988 ROLL CALL INDEX 7. Parking on such off -site lot will not create undue traffic hazards in the surrounding area. 8.- That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the proposed development. 9. That the adjoining street is heavily traveled and that the required public improvements, to include flared driveways, are necessary to provide improved access to the site for the proposed intensification of use. 10. That the approval of Use Permit No. 3293 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and geperal welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general,welfare of the City. Conditions: 1. That development shall be in substantial confor- mance with the approved plot plan, floor plan and elevations except as provided in the following conditions. 2. That the use of the outdoor dining area shall not be permitted beyond 11:00 p.m. nightly. 3. That when the restaurant establishes live entertainment, said activity shall be limited to a piano player with amplified voice only. When said live entertainment is being performed, all windows and doors (except when entering or leaving the restaurant facility), shall be closed. A licensed engineer practicing in acoustics shall certify to the Planning Department that the live entertainment will not increase the ambient noise levels beyond the boundaries of the subject property. 4. That the applicant shall provide a minimum of one parking space for each 40 square feet of "net public area" (138 spaces) for the subject restaurant. The applicant shall maintain a lease for the use of off -site parking adequate to maintain this parking standard on property located at 2500 West Coast Highway. Such lease shall be subject to the approval of the City Attorney and -7- /f 1 ' COMMISSIONERS J11T 9y C CITY OF NEWPORT BEACH MINUTES February 18, 1988 ROLL CALL INDEX the Planning Director, and a copy of said lease shall be filed in the Planning Department. 5. That the off -site parking area shall be used for employee parking only. 6. That the off -site parking area shall be restriped so as to provide at least 81 parking spaces. Said plan shall be approved by the City Traffic Engineer. 7. 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 and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. One handicapped sign on a post shalt be required for each handicapped space. 8. That no dancing shall be permitted in the restaurant unless the Planning Commission approves an amendment to this Use Permit. 9. Deleted. 10. 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. 11. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 12. That kitchen exhaust fans. shall be designed to . control smoke and odor,. 13. That a trash compactor shall be installed in conjunction with the proposed development. 14. That the development standards pertaining to walls, and utilities shall be waived. 15. That valet ,parking service shall be provided at all times during the restaurant operation. -8- COMMISSIONERS MINUTES yA A0 �A >y CITY OF NEWPORT BEACH February 18, 1988 P ROLL CALL INDEX 16. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. 17. That the public improvements be constructed as required by ordinance and the Public Works Department. 18. That the on -site vehicular and pedestrian circulation system be subject to further review by the City Traffic Engineer. 19. That the existing drive aprons be reconstructed using the City Standard Flared Apron Std-166-L along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportation. 20. That the existing entrance and exit signs located adjacent to West Coast Highway be relocated and the existing landscaping adjacent to the entrance drives be maintained so as to provide required sight distance in conformance with City Std-110-L. 21. 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 injuXy, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 22. This use permit shall expire unless exercised within 24 months from the date of approval asy specified in Section 20.80.090 A of the Newport Beach Municipal Code. Item No.4 U e m t o 3086 (Nnended)(Public Hearing_) Request to am a previously approved use permit which UP3086A permitted the cons tion of a multiple use development on property located he "Recreational and Marine Approved Commercial" area of the a Gros Mile Specific Plan Area. Said approval permitted construction of a building that exceeded the 26 foot c height limit and exceeded the gross structural area t of ..% times the buildable area of the site. Said roval also permitted the establishment of a full ser -9- b. COMMISSIONERS MINUTES CITY OF NEWPORT BEACWeptember 10, 1992 =L CALL INDEX 2. That the existing boat charter operation has obtained the appropriate Commercial Harbor Activities Permit for its operation from the City Council, and has successfully operated for the ast four years in accordance with said permit. 3. Th the subject boat charter operation is consi ent with the General Plan and the adopted Local astal Program, Land Use Plan, and is compatibl with surrounding land uses. 4. That adequat off-street parking and related vehicuI ar circula 'on are being provided in conjunctioA with th boat charter operation. 5. That the existing boat arter use is consistent with the objectives of the riner's Mile Specific Plan and that such use, by its ery nature should be encouraged as an incend use within the "Recreational and Marine Comm rcial" area of the Specific Plan. Condition: 1. That Condition No. 29 of Site Plan Review 41, as approved by the Planning Commission o March 5, 1987,'is hereby deleted. Use Permit No 3293 (Amended) (Public Hearing) Item No. 3 Request to amend a previously approved use permit which permitted the addition of live entertainment to the existing Cano's Restaurant with on -sale alcoholic beverages and valet parking. The proposed amendment involves a request to increase the "net public area" of the restaurant by constructing an outdoor dining area. The proposal also includes: a request to change the type of -9- UP 3293 A Approved 13 00NMrSSIONERS ��� MINUTES CITY OF iNEWPORT BEACHSeptember lo,1992 ROLL CALL �. INDEX live entertainment so as to allow musical groups with multiple instruments, whereas the existing use permit limits the type of live entertainment to one piano player with amplified voice only; and a modification to the Zoning Code so as to increase the number of tandem parking spaces on the subject property. LOCATION: A portion of Lot H, Tract No. 919, located at 2241 West Coast Highway, on the southwesterly side of West Coast Highway, between Tustin Avenue and Dover Drive, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Cano's Restaurant, Newport Beach OWNER: Ardell Investment Company, Newport Beach The public hearing was opened in connection with this item and Mr. Scot Shuttleworth, Vice President, Larry Cano's Restaurant Inc., appeared before the Planning Commission. In regards to requesting a change in the type of live entertainment permitted as mentioned in the staff report, Mr. Shuttleworth clarified for the Commission that for years a mariachi group had been appearing on Sundays and no other change was requested. He stated, however, he had been unaware that the existing use permit limits the type of live entertainment to one piano player with amplified voice only. Mr. Shuttleworth stated he concurred with the findings and conditions in Exhibit "A." Mr. Tim Wilkes, architect, addressed the Commission and stated the patio was designed in close cooperation with both Cano's Restaurant and Ardell Investment -10- I . COMMISSIONERS �rFo�Ct ��,o`PO�,Osoq MINUTES CITY OF NEWPORT BEACI*eptember 10, 1992 ROLL CALL INDEX Company, owner of the property, to develop a design that would not compete with either the appearance of any of the buildings or the existing landscaping on the site. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3293 "A." subject to the findings and conditions in Exhibit All Ayes MOTION CARRIED. Findings 1. The proposed addition of an outdoor dining area and the proposed change in the type of live entertainment within the restaurant is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the proposed live entertainment is in. keeping with the existing restaurant operation and shall be confined to the interior of the restaurant. 3. The project will not have any significant environmental impact. 4. That the proposed addition of an outdoor dining area can be adequately served by on -site tandem parking. 5. That the waiver of the development standards as they pertain to walls, will not be detrimental to adjoining properties. -11- j� COMMISSIONERS Y r MINUT8S CITY OF NEWPORT BEACHSeptember 10,1992 ROLL CALL INDEX 6. Adequate offstreet parking and related vehicular circulation are being provided in conjunction with the proposed development. 7. 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. 8. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 9. That .thev approval of Use Permit No. 3293 (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 and further that the proposed modification to the Zoning Code so as to allow the use of additional tandem parking spaces is consistent with the legislative intent of Title 20 of this Code. Conditions, 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as otherwise provided in the following conditions. 2. That all previous applicable conditions of approval of Use Permit No. 3293 shall be null and void. ' 3. That the live entertainment shall be limited to combos or a marlachi band; and that the sound -12- /G w COw%nSSIONERS �rFol �i�o'��N61 MINUTES CITY OF NEWPORT BEACWeptember 10,1992 ROLL CALL INDEX 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 main entrance of the restaurant. 4. That the use of the outdoor dining area shall not be permitted beyond 11:00 p.m. nightly. 5. That all improvements be constructed as required by Ordinance and.the Public Works Department. 6. That prior to issuance of any Grading or Building Permits, the easterly side of the easterly driveway apron and both sides of the westerly drive apron along West Coast Highway be flared in conformance with the City's Standard Flared Drive Approach Standard 166-L in order to provide adequate ingress and egress to and from the site. All work shall be completed under an encroachment permit issued by the California Department of Transportation. 7. That prior to issuance of any Grading or Building Permits, the existing entrance and exit signs located adjacent to West Coast Highway be relocated or lowered in conformance with the City's Sight Distance Standard 110-L and that the landscape adjacent to the existing driveways be maintained to provide sight distance in conformance with the City's sight distance standard. 8. That the hours of operation of the restaurant shall be 10:30 a.m. to 12:00 midnight daily. 9. That the off-street parking requirement for the restaurant 'shall remain at the existing formula of -13- 60MMSSIONERS CITY OF NEWPO: r. ,..EACH MINUTES NIM"MMARAR REGULAR PLANNING COMMISSION MEETING Cit0 nTIME pLACE- 7 30 Council M cif Chamberstmber 10, 1992 ROLL CALL INDEX one parking space for each 40 square feet of "net public area" (140 parking spaces). 10. That all restaurant employees shall park their vehicles on -site. 11. 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. 12. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the subject restaurant. 13. 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. 14. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 15. That kitchen exhaust fans shall be designed to control smoke and odor. 16. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. -14- romuSSIONERS CITY OF NEWPORT-- XACH MINUTES REGULAR PLANNING COMMIS„ION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. September 10, 1992 n e ITIW ROLL CALL INDEX 17. That a valet parking service shall be provided at all times during the restaurant operation. 18. That the on -site vehicular and pedestrian circulation systems be subject to further review of the City Traffic Engineer. 19. That no dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 20. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of Building Permits. 21. 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. 22. 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 Nse Permit N 424�Amended�(Public Hearing)) Hearing) Reques amend a previously approved use permit which perms a construction of a drive-in and take-out restaurant facilit 'n conjunction with a new retail commercial building roperty located in "Retail and Service Area No. 1" of the 1 Center Newport Planned Community. The approval als ' eluded: a request to allow a portion of the required off-s t parking spaces to be provided within the proposed drive- ough lane of the facility; a modification to the sign standar for the Koll Center Newport Planned Community; a t is -15- Ia IV -a- LOUNGE / BAR 1660 sq.ft. G FOYER 615 sq.ft. t 'D �4CPNCV VIISSIONERS ""WIM0411M,o� MINUTES CITY OF NEWPORT BEACWeptember 10, 1992 ROLL CALL - INDEX 2. That the existing boat charter operation has obtained the appropriate Commercial Harbor Activities Permit for its operation from the City Council, and has successfully operated for the ast four years in accordance with said permit. 3. Th the subject boat charter operation is consi ent with the General Plan and the adopted Local astal Program, Land Use Plan, and is compatibl with surrounding land uses. 4. That ' adequat off-street parking and related vehicular circul 'on are being provided in conjunction with th boat charter operation. 5. That the existing boat arter use is consistent with the objectives of the ' er's Mile Specific Plan and that such use, by its ery nature should be encouraged as an incentiv use within the "Recreational and Marine Co vial" area of the Specific Plan. Condition,• 1. That Condition No. 29 of Site Plan Review 41, as approved by the Planning Commission o March 5, 1987, is hereby deleted. Use Permit No 3293 (Amended) (Public Hearing) Ltem No. 3 Request to amend a previously approved use permit UP 3293 A which permitted the addition of live entertainment to the Approved existing Cann's Restaurant with on -sale alcoholic beverages and valet parking. The proposed amendment involves a request to increase the "net public area" of the restaurant by constructing an outdoor dining area. The proposal also includes: a request to change the type of -9- tori3 IISSIONERS .tr PINNOIN011\11 oso MINUTES CITY OF NEWPORT BEACIVeptember 10, 1992 ROLL CALL INDEX live entertainment so as to allow musical groups with multiple instruments, whereas the existing use permit limits the type of live entertainment to one piano player with amplified voice only; and a modification to the Zoning Code so as to increase the number of tandem parking spaces on the subject property. LOCATION: A portion of Lot H, Tract No. 919, located at 2241 West Coast Highway, on the southwesterly side of West Coast Highway, between Tustin Avenue and Dover Drive, in the' Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Cano's Restaurant, Newport Beach OWNER: Ardell Investment Company, Newport Beach The public hearing was opened in connection with this item and Mr. Scot Shuttleworth, Vice President, Larry Cano's Restaurant Inc., appeared before the Planning Commission. In regards to requesting a change in the type of live entertainment permitted as mentioned in the staff report, Mr. Shuttleworth clarified for the Commission that for years a mariachi group had been appearing on Sundays and no other change was requested. He stated, however, he had been unaware that the existing use permit limits the type of live entertainment to one piano player with amplified voice only. Mr. Shuttleworth stated he concurred with the findings and conditions in Exhibit "A." Mr. Tim Wilkes, architect, addressed the Commission and stated the patio was designed in close cooperation with both Cano's Restaurant and Ardell Investment -10- COMMISSIONERS MINUTES CITY OF NEWPORT BEACI%eptember 10,1992 ROLL CALL INDEX Company, owner of the property, to develop a design that would not compete with either the appearance of any of the buildings or the existing landscaping on the site. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made to approve Use Permit No. 3293 subject to the findings and conditions in Exhibit "A." All Ayes MOTION CARRIED. Findings 1. The proposed addition of an outdoor dining area and the proposed change in the type of live entertainment within the restaurant is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the proposed live entertainment is in keeping with the existing restaurant operation and shall be confined to the interior of the restaurant. 3. The project will not have any significant environmental impact. 4. That the proposed addition of an outdoor dining area can be adequately served by on -site tandem parking. 5. That the waiver of the development standards as they pertain to walls, will not be detrinpental to adjoining properties. -11- COMMISSIONERS �o'e MINUTES CITY OF NEWPORT BEACHSeptember 10, 1992 ROLL CALL 2. INDEX 6. Adequate offstreet parking and related vehicular circulation are being provided in conjunction with the proposed development. 7. 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. 8. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 9. That .the approval of Use Permit No. 3293 (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 and further that the proposed modification to the Zoning Code so as to allow the use of additional tandems parking spaces is consistent with the legislative intent of Title 20 of this Code. Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as otherwise provided in the following conditions. 2. That all previous applicable conditions of approval of Use Permit No. 3293 shall be null and void. ' 3. That the live entertainment shall be limited to combos or a mariachi band; and that the sound -12- COMMISSIONERS ��t ko'=Aoso MINUTES CITY OF NEWPORT BEACWeptember 10,1992 ROLL CALL INDEX 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 main entrance of the restaurant. 4. That the use of the outdoor dining area shall not be permitted beyond 11:00 p.m. nightly. D,,aLo rc7�S. That all improvements be constructed as required by Ordinance and.the Public Works Department. — -- 6. That prior to issuance of any Grading or Building Permits, the easterly side of the easterly driveway apron and both sides of the westerly drive apron along West Coast Highway be flared in conformance with the City's Standard Flared Drive Approach Standard 166-L in order to provide adequate ingress and egress to and from the site. All work shall be completed under an encroachment permit issued by the California Department of Transportation. 7. That prior to issuance of any Grading or Building Permits, the existing entrance and exit signs located adjacent to West Coast Highway be relocated or lowered in conformance with the City's Sight Distance Standard 110-L and that the landscape adjacent to the existing driveways be maintained to provide sight distance in conformance with the City's sight distance! standard. 8. That the hours of operation of the restaurant,, gjr e� shall be 10:30 a.m. to 12:00 midnight daily. - 9. That the off-street parking requirement for the restaurant shall remain at the existing formula of -13- z CgMMTSSIONERS CITY OF NEWPORT...EACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TB M: 7:30 P.M. September 10, 1992 DATE: ROLL CALL INDEX one parking space for each 40 square feet of "net public area" (140 parking spaces). 10. That all restaurant employees shall park their vehicles on -site. 11. 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. 12. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the subject restaurant. 13. 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. 14. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 15. That kitchen exhaust fans shall be designed to control smoke and odor. 16. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. -14- COMMISSIONERS CITY OF NEWPORT. ,EACH MINUTES REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 P.M. September 10, 1992 DATE: ROLL CALL INDEX 17. That a valet parking service shall be provided at all times during the restaurant operation. 18. That the on -site vehicular and pedestrian circulation systems be subject to further review of the City Traffic Engineer. 19. That no dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 20. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of Building Permits. 21. 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. 22. 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. Permit No. 3424 Amen (Public Hearing) Reques amend a previously approved use permit which perrm a construction of a drive-in and take-out restaurant facili n conjunction with a new retail commercial building roperty located in "Retail and Service Area No. 1" of the I Center Newport Planned Community. The approval als eluded: a request to allow a portion of the required off-s t parking spaces to be provided within the proposed drive- ough lane of the facility; a modification to the sign standar for the Koll Center Newport Planned Community; a is -15- Planning Commission Meeting September 10. 1992 Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 3293 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the addition of live entertainment to the existing Cano's Restaurant with on -sale alcoholic beverages and valet parking. The proposed amendment involves a request to increase the "net public area" of the restaurant by constructing an outdoor dining area. The proposal also includes a request to change the type of live entertainment so as to allow musical groups with multiple instruments, whereas the existing use permit limits the type of live entertainment to one piano player with amplified voice only; and a modification to the Zoning Code so as to increase the number of tandem parking spaces on the subject property. LOCATION: A portion of Lot H, Tract 919, located at 2241 West Coast Highway, on the southwesterly side of West Coast Highway, between Tustin Avenue and Dover Drive, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Cano's Restaurant, Newport Beach OWNER: Ardell Investment Company, Newport Beach Application This application involves a request to amend a previously approved use permit which permitted the addition of live entertainment to the existing Cano's Restaurant with on -sale alcoholic beverages and valet parking. The proposed amendment involves a request to increase the "net public area" of the restaurant by constructing an outdoor dining area. The proposal also includes: a request to change the type of live entertainment so as to allow musical groups with multiple instruments, whereas the existing use permit limits the type of live entertainment to one piano player with amplified voice only; and a modification to the Zoning Code so as to increase the number of tandem parking spaces on the subject property. In accordance with Section 20.72.010 E of the Municipal Code, any increase in the "net public area" of an existing restaurant or significant change in the character of the live entertainment, are subject to the approval of a use permit. Use permit procedures are TO: Planning Commission - 2. set forth in Chapter 20.80 of the Municipal Code. Modification procedures are set forth in Chapter 20.81 of the Municipal Code. 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 I (Existing Facilities). The subject property is currently developed with the existing Cands Restaurant and related off-street parking for the restaurant and the boat slips bayward of the site. To the north, across West Coast Highway, is a restaurant, boat sales and an office building; to the east is the Ardell Ship Brokers facility; to the south is Newport Bay; and to the west is the Mariner's Mile Marine Center. The Land Use Element of the General Plan and the Local Costal Program band Use Plan designate the site for "Recreational and Marine Commercial" uses. The restaurant facility is a permitted use within this designation, upon the securing of a use permit. 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 0.5/0.75 on the site; 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 facility 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 characteristics, to be 0.3. The area of the site is 95,396± square feet which would allow a maximum of 28,618± square feet of restaurant development (95,396± sq.ft. x 0.3 = 28,618 sq.ft.). The total gross floor area of the restaurant, including the proposed outdoor dining, is 9,060± square feet with a corresponding FAR of 0.095. 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, Use Permit No. 3293 (Amended) is a discretionary application which also requires the approval of the Coastal Commission. TO: Planning Commission - 3. The subject property was first developed for restaurant use in 1960. The original restaurant operation, known as The Stuft Shirt, was established on the site at the time when there was no use permit requirement for restaurants which were more than 200 feet from a Residential District. At its meeting of November 6, 1975, the Planning Commission approved Use Permit No.1773 which involved a request to increase the seating capacity of the restaurant and included the approval of a modification to the Zoning Code so as to allow the use of tandem parking in conjunction with a valet parking service and the acceptance of an off -site parking agreement. It should be noted that the restaurant expansion was never constructed; therefore, Use Permit No. 1773 expired 18 months thereafter. At its meeting of April 13, 1976, the Modifications Committee approved Modification No. 1014 which involved a request to revise the on -site parking layout for the subject restaurant, so as to permit the use of tandem parking in conjunction with the valet parking service. Said parking plan provided a total of 167 on -site parking spaces (135 parking spaces for the restaurant and 32 parking spaces for the boat slips located bayward of the site). It should be noted that the existing restaurant continues to use the tandem parking design with a valet parking service. At its meeting of February 18, 1988, the Planning Commission approved Use Permit No. 3293 which involved a request to expand the "net public area" of the restaurant by converting an existing exterior deck and a portion of the enclosed portion of the restaurant to an outdoor dining area. Said approval also included a request for live entertainment consisting of a piano player and a single amplified vocalist and the acceptance of an off -site parking agreement. Although the outdoor dining area was never constructed (and the related off -site parking spaces were not needed), the applicant has exercised the live entertainment portion of Use Permit No. 3293. Staff has attached an excerpt of the Planning Commission minutes dated February 18, 1988 which sets forth the findings and conditions of approval for the original Use Permit No. 3293. Previous Unmet Conditions of Approval It should be noted that the approval of Use Permit No. 3293 required that the existing drive aprons on West Coast Highway be reconstructed using the City Standard Flared Apron Std- 166-L. Said approval also required the applicant to relocate the existing entry and exit signs and lower the existing landscaping adjacent to the entrance drives so as to provide the required sight distance in conformance with City Std-110-L (Conditions No. 19 and 20). As of this date, these conditions have not been met; however, the applicant has indicated that they are in the process of complying with these requirements. Because of the applicant's failure to comply with these conditions, the Public Works Department is recommending that should the Planning Commission wish to approve this application, that no building permit be issued for the new outdoor dining area until said conditions are fully satisfied. TO: Planning Commission - 4. Based on the figures supplied by the applicant, the existing "net public area" of the restaurant is 4,993 square feet. However, based on staffs calculation, the "net public area" is 4,740 square feet. Some of the difference (approximately 126 sgft.) is because the applicant did not delete interior columns, partitions and stairs. For the purpose of this analysis, staff has used its calculations rather than the applicant's. The existing "net public area of the restaurant is comprised of a 2,493± square foot dining room, a 1,625± square foot lounge/bar and a 622± square foot foyer/waiting area. As mentioned previously, the restaurant is permitted live entertainment, to include one piano player and a vocalist with voice amplification. The current hours of operation for the restaurant are from 11:00 am. to 12:00 midnight Monday through Saturday and 10:30 am. to 12:00 midnight on Sundays, and there are approximately 17 employees on duty during peak hours of operation. Analysis The applicant is again proposing to expand the "net public area" of the restaurant by constructing an outdoor patio dining area. Said expansion will include approximately 840 gross square feet and 830 square feet of additional dining area. As shown on the attached plans, the patio dining area will be located in an existing landscape area located easterly of the existing building. Although staff has no objections to the proposed outdoor dining, it should be noted that the original Use Permit No. 3293, because it also included a request for live entertainment; prohibited the use of the outdoor dining area after 11:00 p.m. Such a requirement was imposed so as to minimize the possibility of late night noise impacting the residential area on Lido Island. It is staffs opinion that such a requirement should continue. WTOMETOKON The original restaurant use was established when there was no off-street parking requirement for restaurants outside of the "H" District. Inasmuch as the subject property was then located in the C-2 District, it was not required to provide off-street parking. However, as indicated in the Background Section, Cano's Restaurant has provided 147 on, site parking spaces since it first took over the previous restaurant use. In conjunction with the approval of the original Use Permit No. 3293, the Planning Commission established a parking requirement for the restaurant at one parking space for each 40 square feet of "net public area." Based on such a formula, the existing restaurant requires 119 parking spaces (4,740 sq.ft. = 40 sgft.= 118.5 or 119 spaces). With the addition of the 830 square foot patio dining area, the required parking would be 140 spaces (5,570 sq.ft. _ 40 sgft. = 139.25 or 140 spaces). In accordance with Section 20.30.035 of the Municipal Code, the Planning Commission may increase or decrease the parking requirement for a restaurant within the range or one space for each 30 to 50 square feet of "net public area" (186 parking spaces and 112 parking spaces, respectively) depending on the operational characteristics of the facility. It is staffs opinion that 140 parking spaces will be adequate for the subject restaurant operation. TO: Planning Commission - 5. Provided Off -Street Parking As indicated on the attached site plan, the applicant is showing 144 restaurant parking spaces, a majority of which are in a tandem configuration which the applicant has previously been permitted in conjunction with the continuing valet parking service. The proposed parking plan includes five additional tandem parking spaces for which the applicant is requesting a modification. Staff has no objections to the additional tandem parking spaces in light of the continuing valet parking service that the applicant provides. 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. Due to the existing developed nature of the subject restaurant, the Planning Commission waived the development standards regarding walls surrounding the restaurant site in conjunction with the approval of the original Use Permit No. 3293. No further waiver is required at this time. Proposed Change in Live Entertainment As indicated previously, the subject restaurant is currently permitted live entertainment in the form of one piano player/vocalist with amplified voice only. Inasmuch as musical groups have been utilized in the past, the applicant is requesting to change the permitted type of live entertainment so as to allow musical groups with multiple instruments such as combos or in some cases a mariachi band. Staff has no objections to the proposed live entertainment provided that the sound of the music is confined to the interior of the building at all times. Inasmuch as there is no dancing proposed with the live entertainment, such activity is not expected to increase the parking demand for the restaurant. 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 these applications, the findings and conditions set forth in the attached Exhibit "A" are suggested. However, should the Planning Commission wish to deny Use Permit No. 3293 (Amended), the findings set forth in the attached Exhibit 'B" are suggested. TO: Planning Commission - 6. PLANNING DEPARTMENT JAMES D. HEWICKER, Director W. `r•- , Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of the Planning Commission Minutes dated February 18, 1988 Patio Floor Plan, Elevations, Parking Plan, and Restaurant Floor Plan TO: Planning Commission - 7. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3293 (AMENDED) Findin 1. The proposed addition of an outdoor dining area and the proposed change in the type of live entertainment within the restaurant is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the proposed live entertainment is in keeping with the existing restaurant operation and shall be confined to the interior of the restaurant. 3. The project will not have any significant environmental impact, 4. That the proposed addition of an outdoor dining area can be adequately served by on -site tandem parking. 5. That the waiver of the development standards as they pertain to walls, will not be detrimental to adjoining properties. 6. Adequate offstreet parking and related vehicular circulation are being provided in conjunction with the proposed development. 7. 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. 8. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 9. That the approval of Use Permit No. 3293 (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 worsting in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification to the Zoning Code so as to allow the use of additional tandem parking spaces is consistent with the legislative intent of Title 20 of this Code. ,[Conditions: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations except as otherwise provided in the following conditions. TO: Planning Commission - 8. 2. That all previous applicable conditions of approval of Use Permit No. 3293 shall be null and void. 3. That the live entertainment shall be limited to combos or a mariachi band; and 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 main entrance of the restaurant. 4. That the use of the outdoor dining area shall not be permitted beyond 11:00 p.m. nightly. 5. That all improvements be constructed as required by Ordinance and the Public Works Department. 6. That prior to issuance of any Grading or Building Permits, the easterly side of the easterly driveway apron and both sides of the westerly drive apron along West Coast Highway be flared in conformance with the City's Standard Flared Drive Approach Standard 166-L in order to provide adequate ingress and egress to and from the site. All work shall be completed under an encroachment permit issued by the California Department of Transportation. 7. That prior to issuance of any Grading or Building Permits, the existing entrance and exit signs located adjacent to West Coast Highway be relocated or lowered in conformance with the City's Sight Distance Standard 110-L and that the landscape adjacent to the existing driveways be maintained to provide sight distance in conformance with the City's sight distance standard. 8. That the hours of operation of the restaurant shall be 10:30 a.m. to 12:00 midnight daily. 9. That the off-street parking requirement for the restaurant shall remain at the existing formula of one parking space for each 40 square feet of "net public area" (140 parking spaces). 10. That all restaurant employees shall park their vehicles on -site, 11. 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. 12. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the subject restaurant. To.. Planning Commission - 9. 13. 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. 14. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 15. That kitchen exhaust fans shall be designed to control smoke and odor. 16. That all mechanical equipment and trash areas shall be screened from West Coast Highway and adjoining properties. 17. That a valet parking service shall be provided at all times during the restaurant operation. 18. That the on -site vehicular and pedestrian circulation systems be subject to further review of the City Traffic Engineer. 19. That no dancing shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 20. That the applicant shall obtain Coastal Commission approval of this application prior to the issuance of Building Permits. 21. 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. 22. 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 - 10. EXHIBIT "B" FINDINGS FOR DENIAL OF USE PERMIT NO.3293 (AMENDED) Findings: 1. That the proposed outdoor dining area in conjunction with existing and proposed live entertainment has the potential of increasing the opportunity for late night noise on the waterfront which will adversely effect nearby residential areas on lido Island. 2. That the establishment, maintenance or operation of the use 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 working 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. V161AII rr MAP U R•I sue--` \ / CLr ORlVE R•RR F., 9./ V A A�A� „bN R.I R / S FS. �• 'ylEM r may R� M1O -A`� Pw T ,,i r• F '+ n cpy ` ,py a sP.r •^•i, q, "� � , R.j J6 T ro 9i p r .p Ax! , y rP_ryy/�10 c R.v %o r 1 `x i ♦ a rs'i ,� 3° o ry P ryo R' t qv �i,� \\ \ r'� Fj aim •,.pv � ti T s � P° A 1-X /��]� V \\ rin• NL�h ..\MLU Iry [,nr•�M L7%1V` /T �\\ \\/OO \ ) ..• �YF y.y •yn..,.V.•.••n..1• f-M,I .N/ ............. 1 \\ \\ s!f M40 Lq 6 DISTRICTING MAP 1 NEWPORT BEACH — CALIFORNIA R-A AGRICULTURAL RESIDENTIAL MULTIPLE RESIDENTIAL A-1 SINGLE FAMILY RESIDENTIAL C-I WONT COMMERCIAL R-2 DUPLEX RESIDENTIAL C-E GENERAL COMMERCIAL T R-] RESTD MULTIPLE M IANY RESIDENTIAL M-1 MANUFACTURING ORD. NO rat COMBINING DISTRICTS UNCLASSIFIED F YAR S I-DACK SHOWN'THUS•-0- LIMITED COMMERCIAL _ DEC. X, 1960 MAP NO J6e ft%AIIT No. 3293(w�DED� r '•' C.OMMISSIONERS o� a s CITY OF NEWPORT BEACH MINUTES February 18, 1989 % ROLL CALL INDEX 5, a use permit ahall expire unless exercised within 24 rom the date of approval as specified in Section of the Newport Beach Municipal Code. Use Permit No 3293 [Continued_ Public Heari"I Item No.3 UP3293 Request to permit the expansion of the existing Cano's Restaurant with on -sale alcoholic beverages and live entertainment so as to increase the "net public area" of Approved the restaurant by converting an existing exterior deck to an outdoor dining area. The proposal also includes a request to convert a portion of the existing enclosed dining area to an outdoor patio dining area, the approval of live entertainment, consisting of a piano player/vocalist, and the approval, of a lease for off - site parking purposes for a portion of the required off- street parking, LOCATION: A portion of Lot H, Tract No. 919, located at 2241 West Coast Highway on the southerly side of West Coast Highway, easterly of Tustin Avenue (restaurant site); and Record.of Survey 10-27 located at 2500 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue (off -site parking lot) in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: E1 Torito Restaurant, Inc., Irvine OWNER: Ardell Investment Company, Newport Beach The public hearing was opened in connection with this item, and Mr. Pat O'Daly appeared before the Planning Commission on behalf of the applicant. Mr. O'Daly stated that he concurs with the findings and conditions in Exhibit "A". Commissioner Koppelman referred to Condition No. 3 in Exhibit "A", providing that when live entertainment is performed that all windows and doors, except when entering or leaving the restaurant facility, shall be closed. She stated that there have been previous problems related to the restaurants who face the bay that has carried the sound across the bay to the residential areas. -5- r -'COMMISSIONERS MINUTES February 18, 1988 s CITY OF NEWPORT BEACH INDEX ROLL CALL The public hearing was closed at this time. Motion was made to approve Use Permit No. 3293 subject Motion • to the findings and conditions in Exhibit "A", including staff's recommended deletion of Condition No. 9: "That 10 foot wide easements shall be granted to the City for unobstructed public access across the bay side of the parcel and between the public sidewalk on West Coast Highway and the bay. Said easements shall be subject to the approval of the Planning Department and Public Works Department." Staff explained that alterations and improvements to existing commercial buildings which constitute less than 10 percent of the existing buildings area are exempt from the requirement to dedicate public access to the bay, and inasmuch as the proposed addition constitutes only 5.86 percent of the existing building area, the subject project is exempt from the public access requirement. Motion was voted on to approve Use Permit No. 3293 including the findings and conditions in Exhibit "A" including the deletion of Condition No. 9. MOTION All Ayes CARRIED. Findings: 1. That the proposed development is consistent with the Land Use Element of the General Plan and with the Local Coastal Program Land Use Plan and is compatible with the surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to walls and utilities, will not be detrimental to adjoining properties. 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 any property within the proposed development. 5. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 6. The off -site parking area is located so as to be useful to the proposed restaurant use. -6- �3 -COMMISSIONERS MINUTES February 18, 1986 '2 CITY OF NEWPORT BEACH INDEX ROLL CALL 7. Parking on such off -site lot will not create undue traffic hazards in the surrounding area. 8. That the applicant has entered into an appropriate lease for the off -site parking spaces, which is of sufficient duration for the proposed development. 9. That the adjoining street is heavily traveled and that the required public improvements, to include flared driveways, are necessary to provide improved access to the site for the proposed intensification of use. 10. That the approval of Use Permit No. 3293 will not, under the circumstances of this case, be detrimental to the health, safety, peace, moral$, 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 to the general welfare of the City. Conditions• 1. That development shall --be in substantial confor- monde with the approved plot plan; -floor plan and elevations except as provided in the following conditions. 2. That the use of the outdoor dining area shall not be permitted beyond 11:00 p.m. nightly. 3. That when the restaurant establishes livh entertainment, said activity shall be limited to a piano player with amplified voice only. When said live entertainment is being performed, all windows and doors (except when entering or leaving the restaurant facility), shall be closed. A licensed engineer practicing in acoustics shall certify to the Planning Department that the live entertainment will not increase the ambient noise levels beyond the boundaries of the subject property. 4. That the applicant shall provide a minimum of one parking space for each 40 square feet of "net public area" (138 spaces) for the subject restaurant. The applicant shall maintain a lease for the use of off -site parking adequate to maintain this parking standard on property located at 2500 West Coast Highway. Such lease shall be subject to the approval of the City Attorney and -7- !y MINUTES February 18, 1988 •;-' COMMISSIONERS 111T y CITY OF NEWPORT BEACH INDEX ROLL CALL the Planning Director, and a copy of said lease shall be filed in the Planning Department. 5. That the off -site parking area shall be used for employee parking only. 6. That the off -site parking area shall be restriped so as to provide at least 81 parking spaces. Said plan shall be approved by the City Traffic Engineer. 7. 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 and shall be identified in a manner acceptable to the City Traffic Engineer. Said parking spaces shall be accessible to the handicapped at all times. One handicapped sign on a post shall be required for each handicapped space. S. That no dancing shall be permitted in the restaurant unless the Planning Commission approves an amendment to this Use Permit. 9. Deleted. 10. 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. 11. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 12. That kitchen exhaust fans shall be designed to control smoke and odor. 13. That a trash compactor shall be installed in conjunction with the proposed development. 14. That the development standards pertaining to walls, and utilities shall be waived. 15. That valet parking service shall be provided at all times during the restaurant operation. _g. iy ,'•.. ' ':C.OMMISSIONERS MIWTiS February 18, 1988 CITY OF NEWPORT BEACH ROLL CALL INDEX 16. That all mechanical equipment and trash areas shall be screened from Mast Coast Highway and adjoining properties. 17. That the public improvements be constructed as required by ordinance and the Public Works Department. 18. That the on -sit* vehicular and pedestrian circulation system be subject to further review by the City Traffic Engineer. 19. That the existing drive aprons be reconstructed using the City Standard Flared Apron Std-166-L along the West Coast Highway frontage under an encroachment permit issued by the California Department of Transportation. 20. That the existing entrance and exit signs located adjacent to vast Coast Highway be relocated and the existing landscaping adjacent to the entrance drives be maintained so as to provide required sight distance in conformance with City Std-110-L. 21. That the Planning Commission may add to or modify conditions of approval to this •vas 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. 22. This us* permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport teach Municipal Code. ji@q_ 3086 (Amended�(Public Hearing) Item No.4 UP3086A Request to am a previously approved use permit which permitted the cons tion of a multiple use development on property located he "Recreational and Marine A roved Commercial" area of the er's Nile Specific Plan Area. Said approval permitted construction of a building that exceeded the 26 foot c height limit and exceeded the gross structural area t<xeral times the buildable area of the site. Said also permitted the establishment of a full -9- 3,r-` �,? 1-9 LOUNGE / BAR 1660 sq.ft. l6 j __ A FOY 615 sq '1