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HomeMy WebLinkAbout2000 W BALBOA BLVD- TEMP USE PERMIT�E„ �pORr CITY OF NEART BEACH p� 6 PLANNING\BUILDING DEPARTMENT u 1? 33 o NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 3200, FAX (714) 6445250 Hearing Date: Agenda Item No.: Stab Person: REPORT TO THE PLANNING COMMISSION SUBJECT: Big Daddy Bento (Rick Peterson, applicant) 2000 West.Balboa Boulevard May 9, 1996 3 Dana Aslami (714) 644-3212 SUMMARY: To approve the temporary use of a mobile food service unit (catering truck) for a period of 90 days, in a portion of a parking lot on property located in the SP- 6 District. SUGGESTED ACTION: If desired, authorize the Planning Director to issue: • Temporary Use (90 days), procedures are set forth in Section 20.30.015 of the Municipal Code. 1. Appropriateness of the Proposed Use/Neighborhood Compatibility: Does the temporary use of the subject mobile catering unit an appropriate temporary use of the property, and would the project be compatible with surrounding neighborhoods. This issue is discussed in the Analysis Section of this report. YICINITY MAP \ P-C \ sQ e • W zs Q�9, . o` r - .•)fa Je'A %�y N..w. /. •Ir1 Y(I (II ..O» I, M1N./INNI.+IIIb `NI RINI hIA "r .nM. / ♦ I'4 MA D E4 CITY TCt A14ER PARK R.TO V iao ttu.t% let-OtOU nvn c+lG•L to �•) R 2 •^? . �� '°^fit e.+ .. r> � R 1 _ ems= gq�e s. 7 R (o R.Z a9 s PJ l�'ly sept`,� ar�tt R.p.'•R.2 r •s•R2 a .,'(ar• - s.R•3 /�\"• QCEq � •e. R•2 n�� � � "' A3 00 RN N (, •s. Rd r � y R nr R I. a •a. Ry I o. a G. Temporary Use (90 days) + cy •MRMM IH 11 1 t! F The subject property is developed with a one story retail building and related off-street parking spaces. To the northeast are residential uses; to ti1c southeast, across 20th Strwt, are commercial uses; to -die southwest, across West Balboa Boulevard, are commercial uses; and to the northwest, across 21st Street, are commercial uses. T=Ptary UsD (90 days) May 9,1996 Page2 0 ANALYSIS SUAE"RY Municipal Code Requirements for Temporary Use Section 20.33.025 of the Newport Beach Municipal Code establishes a procedure whereby the Planning Director or the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings when such uses are consistent with the CiWs General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood, and do not violate any other ordinances and regulations of the City. Section 20.33.035 also establishes that the Planning Director may authorize the temporary use of structures and land in any commercial district for a period of time not to exceed 90 days. Prior to approving a temporary use, the Planning Director is required to inform the Planning Commission of the intent to permit the temporary use and take whatever steps or precautions are necessary to assure that the use will be consistent with the purpose and intent of the Municipal Code and the land or building will be restored at such time as the use is terminated. In the case of this particular application, the Planning Director is requesting direction from the Planning Commission since the proposed use is of a more intense nature than typical requests for temporary uses. The Planning Commission may authorize the temporary use of structures and land in any commercial district for periods of time in excess of 90 days subject to the securing of a use permit in each case, In approving the use permit; the Planning Commission may impose whatever conditions it deems necessary to assure that the purpose and intent of the Code is carried out and shall establish a specific point in time when the permit is to be terminated and the site restored. The Planning Director and the Planning Commission may authorize extensions of time subject to the procedures specified above. Proposal The attached letter from the applicant describes, in detail, the proposed food use and the operational characteristics of his proposal. As may be seen in his letter, his intention is to ultimately open a permanent specialty food establishment in the City of Newport Beach, but that in the interim, he would like to open immediately in the form of a temporary food service unit (catering truck). The applicant proposes to operate a "mobile food service unit" in the parking lot of the Savannah's Hut site. There is a surplus of approximately 13 parking spaces in the northerly portion of said parking lot, which is the area that the applicant proposes to park the catering truck. It is the intention of the applicant to operate in this location Tuesday through Sunday between the hours of 10:00 a.m. and 6:00 p.m. (the proposed conditions of approval indicate a closing hour of 9:00 p.m. to allow more flexibility). The truck will be self contained and will operate only at this location. Patrons will walk up to the truck and carry their food "to go." The applicant has included photographs of the proposed catering truck within his letter. It should also be noted that the applicant intends on utilizing a "beach cruiser" bicycle for deliveries (photos attached in applicant's letter). The applicant is seeking permission to operate for a period of 90 days, beginning on June 1, 1996. Temporary Uso (90 days) May 9,1996 Page 0 0 Appropriateness of the Proposed Use/Neighborhood Compatibility It should be noted that the subject parking lot is immediately adjacent to a residential duplex on the northeast. Staff has a concern as to whether or not the temporary use of the subject mobile catering unit would be compatible with the adjoining residential district with respect to food aromas and noise. Conditions of approval which address litter and outdoor paging have been included in this report. Background There is currently a strawberry stand on the subject site which was approved by the Planning Director for a period of 90 days, which will expire on May 10, 1996. Conditions of Approval Should the Planning Commission wish to direct the Planning Director to approve the subject temporary use, the following conditions may be imposed: 1. That the food service truck shall be located at least 10 feet behind the back of sidewalk along West Balboa Boulevard. 2. That all employees shall park on -site. 3. That all patrons shall be directed to park within the subject parking lot and not along the public right-of-way on West Balboa Boulevard. 4. That at least one parking space for each 250 sq. ft, of the on -site retail establishment shall be provided during the operation of the food service truck. 5. That no temporary A -frame or other similar temporary signs shall be utilized either on -site or off -site to advertise the subject temporary use. 6. That on -site trash receptacles for patrons shall be conveniently located in the immediate vicinity of the proposed food service truck, 7. That the operator of the food service use shall be responsible for the clean-up of all on -site and off - site trash, garbage and litter generated by the use. 8. That the hours of operation shall be limited to between the hours of 10:00 a.m. to 9:00 p.m., daily. 9. That no outside paging system shall be utilized in conjunction with the food service truck TmVmxy Use (90 days) May 9,19% Page 4 u PLANNING DEPARTMENT Dana O. Aslami Associate Planner Attachments: Appendix Letter from the Applicant, which includes Photographs and a Plot Plan 0 LOCATION: Parcel 1, Resubdivision No. 649, located at 2000 West Balboa Boulevard, on the northerly corner of West Balboa Boulevard and 20th Street ZONE: SP-6 APPLICANT: Big Daddy Bento (Rick Peterson, applicant), Newport Beach Temporary Use (90 days) May 9,1995 Page6 • 0 r" April 8, 1996 Pat Temple City Of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 Mrs. Temple: The purpose of this letter is to introduce ourselves and our company, BIG DADDY BENTO to the City Of Newport Beach. Included, you will find information concerning the operational characteristics of our company, a site plan and various photographs that will give you a better understanding of what "bento" is and why it very well could have a significant, positive impact on the way Southern California eats! First, just a bit about ourselves. The principals involved in this venture will include myself, my wife, Rebecca and Derek and Jeannie Sitter. Our backgrounds are extensive and varied. I bring nineteen years of Retail Management to the mix; Rebecca is a Senior Commodities Buyer; Jeannie is an experienced Office Manager and Derek has an accomplished background in Restaurant Kitchen Management. We have relocated here from Portland, Oregon where Rebecca and I have raised three children. I was born in Southern California and have family in San Clemente and in the Bay Area, so this is a homecoming for me. The concept of the business began, really, as a result of an. incredible personal journey. The details arentt necessary, but I will say that the discovery of bento quite literally changed the way I think about food and eating, and has become part of a plan that will add many wonderful years to my life. So, what is this "bento" thing? Bento is a Japanese word that is translated to mean "box of lunch." Our bento is a two pound, four gram of fat meal consisting of a bed of rice, freshly sliced carrots and apples, shredded red cabbage, marinated cucumbers, garnished with fresh ginger and finished with a juicy skewer of charbroiled chicken breast. Our meal has been known to create an immediate bento addict! The "bento craze" has consumed Portland over the last couple of years. Included are photos of different bento operations currently doing business in Portland. n Our plans for operation are simple. It is our desire to begin with a "mobile food service unit" (a catering truck) with the intention of opening a restaurant that will fit into your "specialty food use" guidelines as quickly as business prudence allows for expansion. It is our hope that the City Of Newport Beach will grant us a temporary use permit that will allow us the ability to commence operation on or about June 1, 1996. We have negotiated with the owner of Savannah's Hut, a business located on West Balboa Blvd., to rent extra parking spaces on a lot adjacent to his business (see site plan). It is our intention to operate at that location Tuesday through Sunday from the hours of approximately to a.m. to approximately 6 p.m. The truck will be self contained and will be constructed and operated in accordance with California Departments of Housing, and Public Health as well as to orange County Health Care Agency guidelines. In addition to our truck, we intend to operate a non - motorized delivery vehicle such as a beach cruiser bicycle, a three wheel bicycle or a four wheel pedal -powered buggy, if permitted to do so. Our mission is to not only be a successful addition to the Business Community of Newport Beach, but as importantly, to be a positive contributor to the health of it's citizens! Tha k You) Rick Peterson Big Daddy Bento 101 N. Bayside Dr. Newport Beach, CA 92660 ryq `O Fws�- �2C/37' �i st. SAG iC . I zs o I i x i I i v 1 I li 09 R" RWRI I�k M 13F-tAU-SE. Ld M"S A TO 0 a • % GRON)FO0 �o� . , C 1, p3tG y \ 1• t t •� ,y� '.'fit . �� :' R 1 ) �irxt rtSzili ��`�1 s mL+. �A z ��I C i 34 tO � � r i � rvtKl �K z i '�Fiy{>I`.�lt ..! "C+.i 4 �r ��� �d 1� � > y �-`� j J+ �'yt � 4• + •� 4 . {1..,;..� !•.-b.�.. _ t'f•'�. °h. '\,. a t._:�i �.' + .. ._ �.._''t l -.. .: •i '��.. i I -T.• _- , A irk 17 •71i »►r�r�r►���iiBi��t►Pi .�!�r•4 Y.'I.YMSp ' � i V .f R,u��ll,u�''rttt I .: .:. � �N' r ~ � ��y.\ ,y.nr"c»+t. . v�'' ' i ;_' ,1• xli r•7J3�[ � ♦. .xi.L• JI �� r 0 mow IlL 44C {-- r . >F e .H t£i „y'I� 1WiSL:44'Jj"ht�v�n. �.•..;.n r i ( t 4 to 7 � J 5 $.�, •A}I Y r.! C �' .'t.," ! TC' Mi Y n r �.t"t. �i,F AVp •'.' i_,:41i'<:T-7 '!`'TFe&'� �S>i _t rf4 Cf t l � F F x 'lowi ; 1 ! i 1 r Ol �t J jQy�l r - =r - 74 F 1 w .14 J \f J v � n n l � t •-.1� ,ice- , t � , _ F_�" - _ ,� EW My OF NEWPOR&CH Hearing Date: May 9,1996 �a @ PLANNING\BLULDING DEPARTMENT Agenda Item 3 Addendum No.: 330 NEWPORT BOULEVARD Staff Person Dana Aslami NEWPORTBEAa3c&~ (714) 644-3212 (714) 644-SZ�, FAX (7 4) 644-V5e I Appeal Period: 14 days REPORT TO THE PLANNING COMMISSION SUBJECT: Big Daddy Bento (Rick Peterson, applicant) 2000 West Balboa Boulevard SUMMARY: To approve the temporary use of a mobile food service unit (catering truck) for a period of 90 days, in a portion of a parking lot on property located in the SP-6 District Additional Information and Conditions It has been brought to the attention of staff that there is a temporary trailer in the parking lot of the subject property which is being used as an office in conjunction with the on -site retail building. Said trailer contains approximately 216 sq.ft., and should be included in the calculation for gross floor area for the retail building. Staff has confimted the square footages of the on -site structures in order to more accumtelydetermine the amount of surplus parking on the site. The retail building, taken together with the temporary trailer and the storage area to the rear of the building (which is enclosed with a chain link fence and covered with a canvas awning), contains a total of 2,808 sq.ft. and generates an on -site parking requirement for 12 parking spaces. Staff has detemilned that only 20 of the parking spaces shown on the attached site plan are actually usable for vehicular storage. Therefore, a surplus of 8 parking spaces exists on the subject property. Staff is of the opinion that the on -site parking for the existing uses, as well as the proposed temporary catering truck, is adequate, since staff observed no more than 3 cars in the subject lot at any given inspection. However, staff has observed signs at the drive approaches that indicate that the parking lot is currently being rented to the public as an "all day parking lot" Such a use is permitted by the Municipal Code for any surplus parking, but it should be noted that there are only 8 surplus parking spaces in the subject lot, and that these 8 spaces are to be utilized in conjunction with the subject temporary catering truck. It should be noted that the applicant is now requesting that the 90 day allowance for his temporary use commence on June 22, 1996. Should the Planning Commission wish to authorize the Planning Director to issue a temporary permit for the proposed use, the following conditions should be incorporated into the conditions of approval noted in the original staff report: 1. That the rental of any on -site surplus parking spaces to the public shall cease for the duration of the operation of the proposed catering truck 2. That the location of the catering truck shall be subject to the review and approval of the City Traffic Engineer, for pedestrian and vehicular circulation purposes. PLANNING DEPARTMENT Associate aE�"ea, crry OF NEWPORAKca Hearing Date:_ May 9;1996 c� • PIaNNn4G\BuuDINo DF.PARTKsNr Agenda Item 3 Addendum No.: asp NEIVPORT BourevaRD Staff Person: Dana Aslami NEWPORT BFAca, CA gissa (714) 644-3212 (ns) 644-520w, FAX (ns) 644-V50 Appeal Period: 14 days REPORT TO THE PLANNING COMMISSION SUBJECT; Big Daddy Bento (Rick Peterson, applicant) 2000 West Balboa Boulevard SUM3M[ARY: To approve the temporary use of a mobile food service unit (catering truck) for a period of 90 days, in a portion of a parking lot on property located in the SP-6 District Additional Information and Conditions It has been brought to the attention of staff that there is a temporary trailer in theparking lot of the subject property which is being used as an office in conjunction with the on -site retail building. Said trailer contains approximately 216 sq.ft, and should be included in the calculation for gross floor area for the retail building. Staff has confirmed the square footages of the on -site structures in order to more accurately determine the amount of surplus parking on the site. The retail building, taken together with the temporary trailer and the storage area to the rear of the building (which is enclosed with a chain link fence and covered with a canvas awning), contains a total of 2,808 sq.ft. and generates an on -site parking requirement for 12 parking spaces. Staff has determined that only 20 of the parking spaces shown on the attached site plan are actually usable for vehicular storage. Therefore, a surplus of 8 parking spaces exdsts on the subject property. Staff is of the opinion that the on -site parking for the e)dsting uses, as well as the proposed temporary catering truck, is adequate, since staff observed no more than 3 cars in the subject lot at any given inspection. However, staff has observed signs at the drive approaches that indicate that the parking lot is currently being rented to the public as an "all day parking lot." Such a use is permitted by the Municipal Code for any surplus parking, but it should be noted that there are only 8 surplus parking spaces in the subject lot, and that these 8 spaces are to be utilized in conjunction with the subject temporary catering truck. It should be noted that the applicant is now requesting that the 90 day allowance for his temporary use commence on June 22, 1996. Should the Planning Commission wish to authorize the Planning Director to issue a temporary permit for the proposed use, the following conditions should be incorporated into the conditions of approval noted in the original staffreport: 1. That the rental of any on -site surplus parking spaces to the public sball cease for the duration of the operation of the proposed.catering truck 2. That the location of the catering truck shall be subject to the review and approval of the City Traffic Engineer, for pedestrian and vehicular circulation purposes. PLANNING DEPARTMENT Dana O. Aslami Associate Planner COMMISSIONERS MINUTES Mo Al mot CITY OF NEWPORT BEACH May 9, 1996 ROLL INDEX CALL hairman Ridgeway took 15 seconds of silence in honor of Harry M ill, who served on the Commission for eight years and who passed away st week. SUBJECT The Allred Residence (Robert G. Jenkins, Item No. 1 applicant) ModificationNo.4433 Mod No. 443: Ms. Temple stated that the pplicant for Item 1, Mod. No. 4433 has requested a continuance to Ma 3,1996. Continued to 5/23/96 Chairman Ridgeway stated, for th\had he had met today with people opposed to this project. He to let them know this matter would be continued. COMMISSIONERS • MINUTES T\JFo 0; O�iP COS' F 92\�O• CITY OF NEWPORT BEACH May 9, 1996 ROLL CALL INDEX Ms. Temple reported that this application for a temporary use is brought before the Commission at her request. The Newport Beach Municipal Code authorizes the Planning Director to issue temporary uses not to exceed 90 days subject to the concurrence of the Planning Commission. For this particular application, the request is somewhat different and unusual for Newport Beach, and a more intense proposal than those which are normally considered under the 90 day temporary use provisions. This application is to allow a catering truck to be established on the site of the existing Savannah Hut retail use in the location, where the strawberry stand is today, under a 90 day permit. The intention of the applicant is to establish a food service business in Newport Beach with the hope of eventually finding a permanent location in town. Staffs concern is that the placement of a mobile catering unit on a permanent basis on a parking lot in Newport Beach has never before been approved by the Planning Director, or this Commission, before. Staff is requesting direction as to whether this type of use is that which would be considered appropriate under the 90 day temporary use provisions. Subsequent to the writing of the staff report, staff became aware that there may be other code violations on the property. Those are the placement of a motor home coach within 1 parking space on the subject site and, additionally, that a storage area has been enclosed with a permanent fencing arrangement which would normally require a building permit and that permit has not yet been received. While these are code enforcement issues and staff will commence code enforcement actions on these, they are not pertinent to this request. This item is to discuss whether this particular vehicle and arrangement is appropriate in the subject location. As a result of an on - site inspection, however, staff is suggesting two additional conditions should the Commission authorize the Planning Director to approve this temporary use permit. They are contained•in the supplemental staff report, and state that the rental of any on -site surplus parking spaces to the public shall cease for the duration of the operation of the proposed catering truck and that the location of the catering truck shall be subject to the review and approval of the City Traffic Engineer for pedestrian and vehicular circulation purposes. Ms. Temple concluded saying that the applicant may wish to make additional comments. 3 COMMISSIONERS • • MINUTES CITY OF NEWPORT BEACH May 9, 1996 ROLL CALL INDEX Commissioner Kranzley asked staff if the property owner is a party to the application for this temporary permit. Ms. Temple answered that there is no formal application for these temporary permits, it is done via letter. Staff spoke with the lessor of the property, Savannah Hut's owner, and they are in the process of talking to the property owner. However, that permit will not be issued unless the property owner concurred with the request. Commissioner Adams asked about the options for revocation of this permit within 90 days. There are conditions of approval listed but no findings in the staff report. If there were unanticipated problems with granting this permit such as any of the general type problems; disruption of welfare, etc., without the findings, can the permit be revoked? Ms. Temple stated that a temporary permit would be revoked for non- compliance of any condition of approval. It would not be inappropriate for the Planning Commission to add our standard revocation condition. Commissioner Selich asked staff what provisions are in the code for extensionbeyond 90 days. Staff answered that the Planning Director would be authorized for one 90 day extension and beyond that it must be approved by the Planning Commission. Commissioner Adams expressed concerns regarding waste and drainage. Commissioner Pomeroy stated that one of the issues that concerns him is it is stated that this is a temporary use while the applicant finds out how this is going to be accepted. It also happens to be the location where the businesses traditionally are very highly seasonal. In many cases, businesses in Newport Beach will do 50% of their business during this three month period of time. If most businesses can be open during the summer and then not have any overhead, drive it away, during the rest of 4 COMMISSIONERS MINUTES T\s� CITY OF NEWPORT BEACH May 9, 1996 ROLL CALL INDEX the year they would be very happy. He is concerned that this might set some sort of a trend where there are temporary businesses set up during the summer and then they go away. Public Hearing was opened. Mr. Rick Peterson, 101 North Bayside Drive, applicant spoke in behalf of his business. He said that the reason for the mobile unit is that he intends on using mobile units as catering units along with a restaurant location in the future. This particular product and presentation of a healthy fast food has a strong success record where he is from. If he can establish himself during the summer with local trade, and develop the business, when he opens a local restaurant he will have time during the summer to establish a local clientele. Commissioner Adams asked Mr. Peterson if he intends to keep the truck in that location 24 hours a day, and how drainage residue and general clean-up will be handled. Mr. Peterson indicated the truck will be moved to the location at 10 in the morning and will be moved out at 6 in the evening. In accordance to the Health Department regulations, he will be using a private commissary to load fresh water, ice, clean and prepare the truck and in the evening take the truck to that same location and clean up. The truck has facilities, including water tanks, for site clean up and gray water storage. Commissioner Adams asked where the trash bags would be stored when full. Mr. Peterson responded that a solution will be needed for this issue. Commissioner Gifford asked Mr. Peterson to review the description of his proposed long -view plans. Mr. Peterson answered that, in concept, he would like to have one or two trucks that specifically would be used to cater private parties or, doing 5 COMMISSIONERS • MINUTES \�O'c�`'Od9 CITY OF NEWPORT BEACH May 9, 1996 ROLL CALL INDEX events such as festivals in the city and county. His primary focus is to open a restaurant within the next twelve months and then tie the truck operation to the restaurant. Commissioner Gifford asked if the truck would be used for just general driving around the city, stopping at random locations. Mr. Peterson stated that it would be possible, but that is not his intention. He is not interested in getting into a catering route. Commissioner Gifford furthered questioned him by asking if the permanent facility would serve the same function as the private commissary he will be using with respect to preparing foods. Mr. Peterson answered that the Health Department states that the commissary needs to be available primarily for cleaning purposes; for gray water disposal. The commissary is also a place where the truck can be plugged in at night to keep the refrigeration going without running a generator, etc. The commissary will be used on a continual basis with the truck but as far as the production, he intends to use the restaurant facility as a production kitchen but not to clean the truck nor dispose the gray water. Commissioner Selich asked, if this application is approved and the operation is successful, would the applicant seek an extension of t$e temporary permit. Mr. Peterson stated that he would like to be in operation for six months with the truck in order to get established and create a cash flow that will enable him to open a restaurant. His target time would be between six months to a year to actually get the restaurant open. In response to additional questions from Commissioner Selich, Mr. Peterson also stated that the Health Department requires his business address to be the commissary address. 6 COMMISSIONERS • • MINUTES soy �9 ��.p•?> CITY OF NEWPORT BEACH May 9, 1996 ROLL CALL INDEX In response to questions by Chairman Ridgeway, discussion ensued regarding the truck as to the age, exterior, capacities, etc. Commissioner Thomson asked questions about whether this is a franchise operation and discussed options for locating the business. Mr. Peterson described his product, `Bento" as a japanese word that means box lunch. It is a generic term, and based on his past personal history with this type of cuisine, it is a fun, different kind of way to eat. It is not associated with a franchise or organization. In response to a question by Commissioner Kranzley staff indicated their understanding that revenues would accrue to Santa Ana if that was the business address. Commissioner Gifford stated she has listened to Mr. 'Peterson's presentation and understands the financial investment. She expressed concern that temporary permits are usually issued to accommodate some unusual circumstances. Chairman Ridgeway questioned if the Commission is within its jurisdiction on this matter, asking whether the municipal code contained any provisions regarding mobile sales. Ms. Clauson related that Chapter 10 ,prohibits the use of streets and sidewalks in the city for commercial purposes. The catering truck can not drive around and stop on city streets and sell from the truck. But like any other catering truck, they can use the city streets to get to a private property and do catering work or sell from private property. Staying on property from 10 to 6 may be something that may be a longer term use than a catering truck driving on the property and staying there for fifteen minutes and leaving. There is nothing in the Code other than the preventing of the use of the streets and sidewalks for commercial purposes. 7 COMMISSIONERS • • MINUTES CITY OF NEWPORT BEACH May 9,1996 ROLL CALL INDEX Mr. Dan Marcheano, owner of the Arches Restaurant and president of the Newport Beach Restaurant Association spoke as an individual business owner. He expressed concerns related to the competitive advantage this business would have in relation to established restaurants with his/her set costs. Mr. Tom Hyans, president of the Central Newport Beach Community Association spoke in opposition to the proposal. This opposition is based upon concerns related to trash generation, the potential for conflicts with the adjoining residences, the adequacy of parking on -site, and potential traffic conflicts associatedwith the ingress and egress for the site. Commissioner Selich asked the applicant if he was aware of the risk that this was a discretionarypermit. The applicant stated that he was aware of the risk. Public Hearing was closed. Commissioner Adams asked Ms. Clauson if she has an opinion as to the need for this applicant to obtain this permit to do his intended operation? Particularly as to the duration of use and time. Ms. Clauson said she has been looking in the Code to see if there are any provisions in Title 20 that discuss the commercial use, permanent parking or long term parking of a commercial vendor within a private parking lot. So far there is nothing she has found yet. The issue to be looked for is the duration of use over a long period of time. It is not necessarily a parking issue as much as it is a use issue of private property for commercial purpose. Commissioner Adams asked staff if the applicant went before the Development Review Committee? Ms. Temple answered she did not believe he did. She continued by saying that in looking at this particular use, staff considered it to be 8 COMMISSIONERS • 0 MINUTES T10 CITY OF NEWPORT BEACH May 9, 1996 ROLL CALL INDEX substantially similar to the outdoor sales which has been considered under use permit requirements; coffee carts, strawberry stands, and the pumpkin patches, etc. It was a staff determination that this was of a similar nature to those outdoor sales operations which would require the approval of a use permit and therefore, as a temporary use, would require a temporary use permit. Commissioner Gifford commented to staff that this is very analogous to a take out restaurant. She asked for staff to comment on how the determination was made that there would be no requirement for parking? Staff answered that their consideration was that it was substantially similar to the outdoor sales establishments that are approved under those provisions as opposed to a fast food restaurant. Staff then reviewed the parking if the use were considered as a fast food restaurant. Commissioner Pomeroy stated that after listening to all the comments and concerns, this seems to meet all the criteria as to why this should in fact be a temporary permit. With the concerns of an appropriate location over an extended period of time; how the operation will go and in many cases we are talking about things that are going to be there forever. Here, we are talking about something that will be there for 90 days. A temporary permit is very appropriate for this situation. It is not committing the city to anything and if it is a problem, it goes away. Chairman Ridgeway stated that he would not want to see a truck there for twelve months. The applicant should be encouraged to invest money in a permanent location. Motion * Commissioner Adams made motion to deny this temporary use. Chairman Ridgeway ascertained from the Assistant City Attorney that the Commission has the authority to deny this application. 9 COMMISSIONERS MINUTES 461 t ``ky�ohl�9�s CITY OF NEWPORT BEACH May 9, 1996 ROLL CALL INDEX Ms. Clauson stated that the discretion is clear in the provisions under the temporary structures and use, ones that are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of the persons who reside or work in the neighborhood. Based upon the Substitute Commission's findings on evidence of testimony tonight by the applicant and the other members -of the public, that this use would be contrary to the general health, safety and welfare of the community. Motion Commissioner 'Pomeroy made a substitute motion to approve the temporary use with the added conditions; there is no discharge of liquids upon the site; no tables and chairs be allowed; pedi cabs or quadro cycles not be allowed; revocation language; the placement of vehicle would displace only 3 parking spaces; that 3 additional parking spaces be designated for this use on site, and any extension be approved by the Planning Commission not the Planning Director. Discussion followed regarding the number of spaces to be used and specified. Commissioner Gifford stated that she does not plan to support this motion and reiterated that it is inappropriate to have one particular restaurateur to have the ability to come in and operate in a way that he does not have to bear the burden of year-round businesses, compete against businesses that do, and have all the revenues go to Santa Ana and be granted an exception to do that. Commissioner Selich asked staff if the Commission could require that the point of sale be Newport Beach. Staff responded this would not be possible. Ms. Wood suggested an additional condition that this business have use of the trash containers on -site and be able to hook up hoses to the existing building. Commissioner Adams stated that he agrees with Commissioner Gifford and this was behind his motion for denial. This is not an appropriate use 10 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH <<2��� May 9, 1996 ROLL INDEX CALL of the Title 20 temporary use provision. If the applicant was in construction of a restaurant and wanted to open early, that might be a legitimate use of this type of vehicle, but with Mr. Marcheano's testimony, this is not fair to the other restaurant owners within the City. Commissioner Selich asked Commissioner Pomeroy if the motion for approval was for the permit of 90 days, as a practical matter, if this is approved it will be for six or more months. Commissioner Pomeroy stated that is why he asked for the extension to come back to the Commission for approval. Substitute Substitute Motion was called for and Failed - 4 No and 3 Ayes. Motion No * * * Original MOTION to deny CARRIED - 4 Ayes and 3 No. Ayes Original Motion Ayes * * ** BJECT: Alcohol Beverage Control License Procedures item 3 No Discus ' n of Planning Department and Police Department Procedures ABC . Licens, in regards the application of conditions on Alcohol Beverage Control -Procedures Licensing. • Discussion Staff reported tha this report was prepared at the request of the Planning Commissio The procedures used by both the Planning Department and the Poli Department have been characterized. Capt. Jacobs of the Police Dep ent is present to answer any questions regarding this matter. Chairman Ridgeway says that accor ' g to the report, the applicant can work with the Police Department to mo 'fy suggested conditions. Can the applicant appeal those suggested onditions by the police department? 11 April 8, 1996 Pat Temple City Of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658-8915 Mrs. Temple: The purpose of this letter is to introduce ourselves and our company, BIG DADDY BENTO to the City Of Newport Beach. Included, you will find information concerning the operational characteristics of our company, a site plan and various photographs that will give you a better understanding of what "bento" is and why it very well could have a significant, positive impact on the way Southern California eats! First, just a bit about ourselves. The principals involved in this venture will include myself, my wife, Rebecca and • Derek and Jeannie Sitter. Our backgrounds are extensive and varied. I bring nineteen years of Retail Management to the mix; Rebecca is a Senior Commodities Buyer; Jeannie is an experienced Office Manager and Derek has an accomplished background in Restaurant Kitchen Management. We have relocated here from Portland, Oregon where Rebecca and I have raised three children. I was born in Southern California and have family in San Clemente and in the Bay Area, so this is a homecoming for me. The concept of the business began, really, as a result of an incredible personal journey. The details aren't necessary, but I will say that the discovery of bento quite literally changed the way I think about food and eating, and has become part of a plan that will add many wonderful years to my life. So, what is this "bento" thing? Bento is a Japanese word that is translated to mean "box of lunch." Our bento is a two pound, four gram of fat meal consisting of a bed of rice, freshly sliced carrots and apples, shredded red cabbage, marinated cucumbers, garnished with fresh ginger and finished with a juicy skewer of charbroiled chicken breast. Our meal has been known to create an immediate bento addict! The "bento craze$ has consumed Portland over the last couple of years. Included are photos of different bento operations Currently doing business in Portland. our plans for operation are simple. It is our desire to begin with a "mobile food service unite (a catering truck) with the intention of opening a restaurant that will fit into your "specialty food use" guidelines as quickly as business prudence allows for expansion. It is our hope that the City Of Newport Beach will grant us a temporary use permit that will allow us the ability to commence operation on or about June 1, 1996. We have negotiated with the owner of savannahs Hut, a business located on West Balboa Blvd., to rent extra parking spaces on a lot adjacent to his business (see site plan). It is our intention to operate at that location Tuesday through Sunday from the hours of approximately 10 a.m. to approximately 6 p.m. • The truck will be self contained and will be constructed and operated in accordance with California Departments of Housing, and Public Health as well as to orange County Health Care Agency guidelines. In addition to our truck, we intend to operate a non - motorized delivery vehicle such as a beach cruiser bicycle, a three wheel bicycle or a four wheel pedal -powered buggy, if permitted to do so. our mission is to not only be a successful addition to the Business Community of Newport Beach, but as importantly, to be a positive contributor to the health of it's citizens! Th k Y� Rick Peterson Big Daddy Bento 101 N.. Bayside Dr. Newport Beach, CA 92660 0 fy� - c/ � ~� J Izo :-tf P Z lkI tad ,06 I'v (2-4 ,o6 j,� - BUILDINCs lS A??P- l 2-400 C IJ l ," PAKKING" LO-T AD3A(-qErrF Tb Sq\A^4NA�H'S fiuT PrAr ,;,:,,; J 1 • `�E WAY WMERN CAL yoaA SG RE; � E.tc►S.�bt1RU- — — I LJ ,a ,. ♦; i i `�_ � � 1 i �� ._` _♦ ` ' � �. 1 __ , r J � F � n U " 7Pv f\ Doi UL • • 11 JAVA DO u r .. y 4;:c• Irr��-W 11-►11- p* . .,.11p.: off. i I • n u • cMoMtD �w 77 7W7 m � i WON i - _ WE TOYER PL woo u I C� U • • ` PH?L!5 vv-'D',JP M&7MA2CET "QH I �s c FMo m MEAD. "