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HomeMy WebLinkAbout2633 COAST HWY WCOMMISSIONERS MINUTES CITY OF NEWPORT BEACH June 10. 1993 ROLL CALL INDEX Use Permit No 1816 (Amended). Public Hearing) Item No. Request to amend a previously approved use permit which UP1816A permitted the service of on -sale beer and wine and the operation of a 24 hour facility in the former Beachcomber Coffee Shop on Approved property located in the "Recreational and Marine Commercial"' area of the Mariner's Mile Specific Plan Area. The application proposes the addition of live entertainment to the existing operation and the enclosure of an existing outdoor dining area at the rear of the facility. LOCATION: A portion of Lot H, Tract No. 919, located at 2633 West Coast Highway, on the southerly side of West Coast Highway, in the Mariner's Mile Specific Plan Area. ZONE: SP-5 APPLICANT: Christina Duggan, Newport Beach OWNER: James Parker, Newport Beach William Laycock, Current Planning Manager, recommended that Condition No. 2 be amended to state ....However, signage shall be placed on the front of the building directing patrons to the parking lot at the rear of the property inasmuch as the parking lot located at the rear of the property is difficult to identify. In response to a question posed by Commissioner Ridgeway, Mr. Laycock concurred that page 3 of the staff report should be corrected to state that the restaurant contains approximately 1, 920± gross square feet. Mr. Laycock explained that the parking standards are based on the "net public area" and not the gross floor area. The public hearing was opened in connection with this item, and Ms. Christina Duggan, applicant, appeared before the Planning Commission and she concurred with the findings and conditions in Exhibit "A", including amended Condition No. 2. -6. C,0MUSSIONERS t O ml0%\DO CITY OF NEWPORT BEACH MINUTES June 10. 1993 ROLL CALL INDEX There being no others desiring to appear and be heard, the public hearing was closed at this time. In response to a question posed by Commissioner Ridgeway, James Hewicker, Planning Director, explained that human sandwich boards are generally not permitted unless it was requested through a Special Events Permit. Aotion * Motion was made to approve Use Permit No. 1816 (Amended) subject to the findings and conditions in Exhibit "Vas amended. In response to a question posed by Commissioner Glover regarding the in -lieu parking spaces, Mr. Laycock explained that the applicant is required to pay for four in -lieu parking spaces at $150.00 per space per year. In response to a question posed by Chairman Edwards regarding in -lieu and off -site parking, Mr. Hewicker explained that once a year the Planning staff receives a report from the Finance Department as to the businesses that have paid for their required in -lieu parking spaces. If a business has not paid for their required parking spaces, then the Planning Department contacts the business to comply with the requirement. Motion was voted on, MOTION CARRIED. All ayes FINDINGS: 1. The amended restaurant facility is consistent with the General Plan, the Local Coastal Program Land Use Plan, and the Mariner's Mile Specific Area Plan Development Standards, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the amended restaurant use can be adequately served by existing on -site parking and the in -lieu parking. -7- COMMISSIONERS Im V4101N\R\k1%\&0 CITY OF NEWPORT BEACH MINUTES June 10, 1993 ROLL CALL INDEX 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. S. That the waiver of development standards as they pertain to parking lot illumination, walls, and landscaping, will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 6. That the approval of this use permit will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That all signs shall conform to the provisions of the Sign Ordinance and the Mariner's Mile Specific Area Plan Development Standards. No temporary "sandwich" signs or wind signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. However, signage shall be placed on the front of the building directing patrons to the parking lot at the rear of the property 3. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. -8- COIVEMSSIONERs r MINUTES CITY OF NEWPORT BEACH June 10, 1993 ROLL CALL INDEX 4. That -grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department.. 5. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 6. That restaurant development standards pertaining to walls, landscaping, and parking'lot illumination shall be waived. 7. That dancing shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. 8. 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 entrances of the restaurant. 9. That all restaurant employees shall be required to park in the Municipal Parking Lot at all times during the time which the restaurant is operating. 10. That all trash areas and mechanical equipment shall be shielded or screened from West Coast Highway and from adjoining properties. 11. That all previous applicable conditions of approval of Use Permit No. 1816 (Amended) shall remain in effect. 12. That a minimum of 20 parking spaces shall be provided for the subject restaurant facility (16 spaces on -site and 4 spaces by purchase of in -lieu parking on an annual basis). -9. COMMISSIONERS J 0MOM-1 '1'o L CITYOF NEWPORT BEACH MINUTES June 10, 1993 ROLL CALL I I I I I I INDEX 13. That a Live Entertainment Permit shall be approved by the City. 14. That the on -site parking shall be available for the parking, of vehicles at all times and the storage of other than motor vehicles shall be prohibited. 15. That a Coastal Permit shall be approved prior to the implementation of the live entertainment and prior to issuance of building permits. 16. 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. 17. 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. Use Permit No 3495 Continued Public Hearing) Item No. Request to permit the establishment of a passive recreational park UP3495 on property located in the P-C District where a Planned Community Development Plan has not been adopted. Approved LOCATION: A portion of Block 97, Irvine's Subdivision, located at 20 El Capitan Drive, on the easterly side of El Capitan Drive, southerly of the San Joaquin Reservoir, in the Harbor View Hills Planned Community. ZONE: P-C -10- � e CITY OF NEWPORT BEACH REVENUE DIVISION P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 (714) 644.3141 9 FAX (714) 644.3073 Date Issued: CHRISTINA DUGGAN THE SHAMROCK BAR & GRILL 2633 COAST HWY W NEWPORT BEACH 92663 PERMIT TO CONDUCT LIVE ENTERTAINMENT The City of Newport Beach does hereby authorize live entertainment activities to be conducted at the above indicated facility. This permit is issued to CHRISTINA DUGGAN, and is not transferrable to any other person. The approval of this permit is contingent on the compliance with the regulations for operation as defined by Newport Beach Municipal Code Section 5,28.041. This permit may be revoked for any of,the following reasons: (a) The premittee has ceased to meet the requirements for issuance of the permit. (b) The establishment has been operated in an illegal or disorderly manner or in violation of any of the regulations set forth in Section 5.28.041. (c) Music or noise from the establishment for which the permit was issued intereferes with the peace and quiet of the neighborhood. (d) The permittee, or any person associated with him as principal or partner, or in a position or capacity involving total or part- ial control over the establishment for which this permit is issued, has been convicted of a criminal offense involving moral turpitude. (e) Comply with all conditions of the Use Permit. S;'Z Approved by Date: $ e Manage cc: City Manager v / Police Department ✓✓✓ 3300 Newport Boulevard, I�Tevvport Beach�" " U`� RIICINF_SS CITY OF NEWPORT BEACH REVENUE DIVISICN BUSINESS LICENSE APPLICATION 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659.1768 (714) 644-3141 FAX (714) 644-3339 SUITE a2.66 SUITE MAILINGADDRESS STATE zrP--� ' 2 BUSINESS PHONE —SELLER'S PERMIT 0. si �f ---�" SEE EXPIRATIONDATE STATE LICENSE # 1 � : , I TYPE OF THISBU SSISA(che kone) Sole Ownershiph(�j e) ial security of owner Partnership State,— Corporation - corporate identification# STATE/FEDERAL (cirele which) EMPLOYER IDEN77FICATION #. CITYLAWRE UIRES THE FOLLOWING INFORMATION ONALL PRINCIPALS: Cj_&JSfi7n� ��L1CT%'•79 DRIVER LICENSE# NAME— RESIDENCEADDRESF._ CITY ��/� �u� �5�—/—' STATE ZIP-� PHONE DRIVER LICENSE # NAME , RESIDENCEADDRESS CITY STATE Z1P PHONE DRIVER LICENSE # NAME RESIDENCEADDRESS CITY STATE ZIP_ PHONE DRIVER LICENSE # NAME ------- RESIDENCEADDRESS CITY STATE ZIP_ PHONE TTiIS BUSINESS IS LOCATED: ; Outside the . of Newport Beach At a Res' dal Location in the City At a mmercial Location in the City -if so, complete reverse., TAX ON CHOSEN (see reverse side forinstmcti Gross Receipts Tar f75.00Altemate Tax .4I, I�1E �BYCER7ZFYVNDERTHEPENALTYOFPERIURYTHATIAMAUTHORIZEDTOMAKE THIS �fT,lEEMENT,AND THAT THE INFORMATIONPROV1DEDONTHISAPPLIC477ONISTRUEANDCORRECT ( CH4Ti nit applicant's signature name printed . / ___ — ^% A9'�fnAn A n (\ 02_— DATE l i fl i C A { f DESCRIP770N OF TAX OPTIONS: The City of Newport Beach of= a choice of two tax options at applkatlo+t and remt►na! of the business license. Both an annual taxes, and must be paid with the application. You may chwWyOW g" 00m at rrnewal, but not during the !ax year, This tar option requires a minimum taxpayment of $45.00 forone year, rcportitg the gross receipts datved J1nm business conducted to the Ciy of Newport Beach for the yea', and co Aft your taut of i0.30per thousand dollars of Sars t+eedpts- fn am►atton provided by the Business. Note: State Law regrtirw the tatty to mpod to the State Franchise Tees Bowd Kasi receipts I AT TERNATE TAX- This tax option requires a tax payment of $13,M No r#wrttng of the gross receipts is regalred, no additional tatwil(beassated •• INDICATE YOUR CHOICE OF TAX OPTIONS ON THE REVERSE SIDE. •• IF YOUR BUSINESS IS CONDUCTED FROM A COMMERCIAL LOCATION IN THE CM OF NEWPORT BEACHr COMPLETE THE FOLLOWING INFORMATION: en NAME OFPERSONYOU, CPIY I `t P ��/U�� C"I f STATED DESCRIBETYPEOFBUSINESSPREYIOUSLYCONDUCTEDAT ISLOCATION.' W, C . is P%,A k Gdl CAI Dale this business began at this location: Number of employees at the business local!d Mil there be vmft machWA video gamts, pin b pool tables? Is there an ala n system on thepremises? . —NO 5 Will there be live entemai tnent orsales of afeoh�T'..—NO DES Does this business involve attar or boas? ,_NO YES Fiecode requies inspection of every commercial location annually. Pkaseindicate yourprefcrredWBEKDAYforWPM" .tee NAME OF EMERGENCYCONTACT, JLqft:L=F— PHONE1 l ISSUANCE OFABUSMESS LICENSE IFRESENTSA TAX PAYMENT, AND DOES HMAUTHORIZEANY BUSINESS OTHERWISE RESTRICTEDREGULATED BYANYPROVISIONOFZONING CODE OR OTHER LAW. QUESTIONS REGARDING ZONING RESTRICTIONS FOR YOUR BUSINESS SHOULD BE DIRECTED TO THE PLANNING DEPART7 fENTAT 64*3200. Pored LANNINcf �QQ�[� L FIELD 02-100 S S,Ras��yrs ,d'C.Ty/ Ttss rrir}'�t7 !/-7-0 V FIRE I Cc 02d03 i BUILDING _ _jl6 _,f'55 OTHER 02-405 S Z tp ^ / TOTAL $ DATTi �, PERIOD ( �� ..l � FILE B�ilu , SlCnM NB ,00MMISSIONERS Ay �y �• �C yo �t yb CITY OF NEWPORT BEACH MINUTES November 20; 1986 ROLL CALL INDEX Use Permit No 1816 (Amended) (Public Nearing) Item No.5 Request to amend a previously approved use permit which Up1816A permitted the on -sale service of beer and wine in conjunction with the existing Beachcomber Coffee Shop Approved on property located in the "Recreation and Marine Commercial" area of the Mariner's Mile Specific Plan Area. The. proposed amendment involves a request to operate the restaurant on a 24 hour basis whereas the existing facility was permitted to operate from 7:00 a.m. to 2:00 p.m. daily. LOCATION: Portion of Lot H, Tract No. 919, located at 2633 West Coast Highway, on the southerly side of West Coast High- way, westerly of Tustin Avenue in Mariner's Mile. ZONE: SP-5 APPLICANT: Bo Bentley, Newport Beach OWNER: James F. Parker, Newport Beach William Laycock, Current Planning Administrator, recommended that the following standard condition be added to the conditions in Exhibit "A" as Condition No. 3: "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." The public hearing was opened in connection with this item, and Ms. Bo Bentley, applicant, appeared. -before the Planning Commission. She reasoned that the additional hours will allow adequate time for restaurant maintenance; that the operation of the restaurant will remain the same; and that there have been many requests from customers to keep the restaurant open 24 hours. The public hearing was closed at this time. Motion was made to approve Use Permit No. 1816 Motion x (Amended) subject to the findings and conditions of All Ayes approval, including aforementioned Condition No. 3. Motion voted on, MOTION CARRIED- ' -21- • 3�� CIO MMISSIONER'S �„ MINUTES November 20,' 1986 V CITY OF NEWPORT BEACH INDEX ROLL CALL FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, and is compatible with surrounding land uses. 2. The proposed 24 hour operation. will not have any significant environmental impact. 3. That there is adequate parking being provided for the subject restaurant. 4. That the approval of Use Permit No. 1816 (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. CONDITIONS: 1. That all previous applicable conditions of Use Permit No. 1816 and Variance No. 1087 shall be fulfilled. 2. That the restaurant facility shall -be permitted to operate on a 24 hour basis. 3. 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. -22" vl�� Do Not Write Above This singe —For fleadgs ORica Only • CO p ■ Do not detach—Rafarn all "pies APPLICATION FOR ALCOHOLIC BEVERAGE LICENSES) 1. TYPE(S) OF LICENSE(S) FILE NO. To: Department of Alcoholic Beverage Control RECEIPy NO 1901 Broadway Santa Ana n47tr f{_C O GEOGRAPHICAL Sacramento, Calif. 95818 (DISTRICT SERVING LOCATION) On Sale General CODE 3013 The undersigned hereby applies for ( pub • Eat. Pl .) Date licenses described as follows: Priority 1992 Issued Temp. Permit - 2. NAME($) OF APPLICANT(S) (Coed. f1) - Applied under Sec. 24044 0U(;GAN, Christina Effective Date: ISO Effective Date: 3. TYPE(S) OF TRANSACTIONS) FEE LIC. TYPE DUGGAh, Timothy F. Original $ 14,400.0 1147' Priority application filed 12-11-92, Rec. #11308 4, Name of Business Annual Fee 765.00 047 Tile Shalnrock Bar NI Grill 5. Location of Business -Number and Street 2663 W. Coast Hwy., Ste, C City and Zip Code County TOTAL $ 7b5.00 "47'' Newport. Beach; 92663 Orange b. If Premises Licensed, 7. Are Premises inside C4,.. Tune of License "41" (Surr for Can0 upon iss Of "47") City Limits? Yes 8 M 'li Address (if different from 5)-Number and Street (Tamp) (Perm) . al ng Perm. xai R Same 9. Have you ever been convicted of a felony? 10. Have you ever violated any of the provisions of the Alcoholic Beverage Control Act or regulations of the Department per. No taining to the Act? yes 11. Explain a "YES" answer to items 9 or 10 on an attachment which shall be deemed part of this application. 12. Applicant agrees (a) that any manager employed in on -sale licensed premises will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage -Control Act. 13. STATE OF CALIFORNIA County 'of .____________ Orange 1-7-93 Under penalty of perjury, each person whore signature appears below, cerlifies and say,. (1) Me is the applicant, or gene of the applicants, or on ex -smile officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on in behalf; (2) that he has read the for&. going application and knows the contents thereof and that each and all of the statements iherain mode are true; 13) that no person other than the applicant or appllcants has any direct or indirect interest in the applicant', or applicants' business to be conducted under the linnse(N for which this application is made, (4) that the transfer application or proposed transfer it not made to satisfy the payment of a loan at to fulfill an ogrument entered into more than ninety (901 days preceding the day an which the transfer application is fled with the Department or to gain ar establish a preference to or for an;- creditor of transferor or to defraud ar injure any creditor of transistor; is) that the transfer application may be withdrawn by either the applicant at the license, with no resulting liability to the Deparlm,nl. '� 14. APPLICANT 1 I r SIGN HERE.--- -------- TIcsa�hx_Fi----------------------------- APPLICATION BY TRANSFEROR gel 15, STATE OF CALIFORNIA County of________________________________ _____Date under penalty of perivey, ,ath person whose signature appears below, cerlinn pnd saysi (1) Me is the licensee, or an executive officer of the corporate Ikrnot, named in the faegalog transfer application, duly authorized to make this frontier applicatlan on Its bohalf, (2) that he hereby makes application to surrender all interest in the enacted Iicenwp) described below and to transfer some to the applicant and/or location Indicated on the upper portion of this application lam, if such transfer is approved by the Director, (3) that the transfer application or proposed transfer is not made to satisfy the payment of a loon a, to fulfill an agreement enticed into mart than ninety days preceding the day on which the Dander application Is filed with the Department or to vain or establish a prgferance to or for any creditor of tronsfercer or to defraud Or Injure any creditor of transferor, (4) that the transfer application may be withdrawn by either the applicant Or the license, with no rewl0rig liability to the Department of 17. 18. 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