Loading...
HomeMy WebLinkAbout3450 VIA OPORTO3450 Via Oporto F Planning Commission Meeting May 6. 1993 Agenda Item No. 8 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 1711 (Amended) -(Public Hearinel Request to amend a previously approved use permit that permitted the expansion of an existing restaurant now known as the Warehouse Restaurant which included on -sale alcoholic beverages, dancing, live entertainment and billiards on property located in the RSC-H District. The proposal involves a request to change the operational characteristics of the restaurant so as to allow the establishment of a second dancing and live entertainment area within the restaurant which will be located within the existing ground floor banquet area of the restaurant. Said area will be used for dancing and live entertainment from 10:30 p.m. to 1:30 a.m. daily. LOCATION: Parcel 1 of Parcel Map 63-11 (Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly.of Central Avenue, in Lido Marina Village. ZONE: RSC-H APPLICANT: The Warehouse Restaurant, San Clemente OWNER: Lido Marina Village, Newport Beach Application This application involves a request to amend a previously approved use permit that permitted the expansion of an existing restaurant now known as the Warehouse Restaurant which included on -sale alcoholic beverages, dancing, live entertainment and billiards on property located in the RSC-H District. The proposal involves a request to change the operational characteristics of the restaurant so as to allow the establishment of a second dancing and live entertainment area within the restaurant which will be located within the existing ground floor banquet area of the restaurant. Said area will be used for dancing and live entertainment from 10:30 p.m. to 1:30 a.m, daily. In accordance with Section 20.72.010 E, changes in the operational characteristics of an existing restaurant requires the approval of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. TO: Planning Commission - 2. Environmental Sienificance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Conformance with the General Plan and Local Coastal Program. Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial" uses. The subject restaurant is a permitted use within this designation. In addition, the Land Use Element of the General Plan specifics a land use intensity limit of 0.5/0.75 FAR for the subject property. Based on this requirement, the Base Development Allocation for the site is 0.5 times the site area or 6,462± square feet (12,924± sq.ft. x 0.5 = 6,462 sq.ft.). Inasmuch as the subject application involves a restaurant which is a Reduced FAR Use, the allowable FAR is 0.3 or 3,877± square feet. Although staff does not have the precise gross floor area of the subject restaurant, the "net public area" in itself, is in excess of 10,000 square feet (including the patio dining area). Therefore, the subject restaurant is nonconforming with regards to the allowable Floor Area Ratio. In accordance with the provisions of the California Coastal Act, the subject application also requires the approval of the Coastal Commission. Subject Property and Surrounding Land Uses The subject property is currently the site of the existing Warehouse Restaurant. To the north and northeast, is Newport Bay; to the south, is a small restaurant and retail shops; to the southwest, across Via Oporto, is the previous Magic Island Restaurant and the Lido Marina Village parking structure; and to the northwest, is the Elk's Club. Background At its meeting of February 7, 1974, the Planning Commission approved Use Permit No. 1711 which permitted the expansion of an existing restaurant previously known as Berkshire's Restaurant. Said approval also included a waiver of a portion of the required off-street parking spaces (daytime parking) and the approval of an off -site parking agreement for 134 restaurant parking spaces in the Lido Village parking structure. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of Planning Commission minutes dated February 7, 1974. It should be noted that Condition No. 2 of said approval limited the occupancy of the restaurant to 277 persons prior to 6:00 p.m. and 400 persons after 6:00 p.m. It should also be noted that the previous Berkshire's Restaurant included live entertainment and dancing which was extended to the Warehouse Restaurant as part of the approval of Use Permit No. 1711. However, the dancing and live entertainment was subsequently discontinued. v� TO: Planning Commission - 3. At its meeting of August 26, 1974, the City Council approved an off -site parking agreement for the subject restaurant which provided 175 restaurant parking spaces within the Lido Marina Village parking structure. At its meeting of August 29, 1974, the Planning Commission considered a request from staff to interpret the conditions of approval of Use Permit No. 1711 as they relate to the permitted occupant load of the subject restaurant. Said request was based on staffs misunderstanding that the limit of 400 persons after 6:00 p.m, was an occupant load limit rather than a limit on the number of seats. As indicated in the attached excerpt of the August 29, 1974 Planning Commission minutes, the Uniform Building Code would allow a maximum occupancy of 524 people in the restaurant and it was the applicant's intent to operate the restaurant at that maximum occupancy. Staff explained to the Commission that the parking demand of the restaurant is a function of the total number of restaurant patrons on the site and that if the Commission wished to allow a maximum occupancy of 524 persons, the parking requirement would increase from 134 spaces to 175 spaces. As indicated in the attached minutes, the Planning Commission allowed staff to reinterpret the "400" figure as being a limit on seating, with an occupancy load of 524 persons, provided that the parking requirement was adjusted to 175 spaces (1 parking space for each 3 occupants). At its meeting of July 17, 1975, the Planning Commission approved Use Permit No. 1711 (Amended) which permitted the addition of live entertainment on the patio dining area between 10:00 a.m. and 10:00 p.m. daily and that the live entertainment shall not include any sound amplification or brass instruments. It should also be noted that the condition limiting the number of seats in the restaurant was changed so as to allow a maximum of 524 seats at night (after 6:00 p.m.) and on weekends. There was no change in the midweek daytime seating of 277 seats before 6:00 p.m. Staff has attached an excerpt of the Planning Commission minutes dated July 17, 1975 for the Planning Commission's information. At its meeting of May 9, 1991, the Planning Commission approved a second amendment to Use Permit No. 1711 which involved a request to change the operational characteristics of the restaurant so as to permit dancing and related live entertainment on the second floor of the restaurant. Said approval permitted a maximum occupancy of 275 people on the second floor after 10:30 p.m. when the dancing and live entertainment begins, provided the downstairs seating does not exceed 249 seats. The necessity of such a limitation is that the maximum allowable occupance of the entire restaurant may not exceed 524 person, based on the requirements of the Uniform Building Code and Fire Code. The findings and the remainder of the conditions of approval are set forth in the attached excerpt of the Planning Commission minutes dated May 9, 1991. At its meeting of February 20, 1992, the Planning Commission approved a third amendment to Use Permit No. 1711 which permitted the installation of 12 pool tables within the existing "net public area" of the restaurant. Said action was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated February 20, 1992. TO. Planning Commission - 4.. Existing Restaurant Operation The existing restaurant operation includes a ground floor interior dining and bar area which contains 105 seats and a "net public area" of 2,773± square feet; a ground floor banquet room containing 78 seats and 1,322± square feet of "net public area;" and an outdoor dining patio with 124 seats and 2,237± square feet of "net public area" for a total ground floor seating of 307 seats. Although the total number of ground floor seats exceeds the allowable 277 seats, the applicant previously discussed with the Planning Commission that they control the number of seats on the ground floor by closing off either the patio dining area or the banquet dining area, depending on the weather, and that there are never more than 277 seats in use before 6:00 p.m. Monday through Friday. It should also be mentioned that in accordance with the February 20, 1992 amendment of Use Permit No. 1711, the dining/banquet area was to be converted to billiard use and was to contain 5 pool tables. However, the applicant never installed the ground floor pooh tables and the space continues to be used for dining and banquet purposes. The restaurant also includes a second floor bar and live entertainment area and 8 pool tables, the total area of which allows a maximum occupancy of 169 people (139 for the bar and dance area and 30 for the pool table area). The second floor also includes a small meeting room containing 516 square feet which includes 2 pool tables and has a maximum occupancy of 10 people. As previously indicated in the Background Section, no portion of the second floor may be used prior to 6:00 p.m. Monday through Friday due to a lack of available daytime parking. The existing live entertainment and dancing area on the second floor is permitted to operate from 10:30 p.m. to 1:30 a.m. daily. Although the maximum allowable occupancy for the restaurant is 524 persons, the Fire Department has indicated that the maximum allowable occupancy for individual portions of the restaurant may not be exceeded either. For this reason, staff has prepared the following table which sets forth the allowable occupancy of each portion of the restaurant before and after 6:00 p.m. Numbers shown in bold type are maximum occupancies set by the Building Department and Fire Department; all other numbers are maximum occupancy based on availability of parking. Allowable Occupancy Allowable Occupancy Areas of Restaurant Before 6:00 p.m. After 6:00 p.m. Ground Floor A. Patio 124 124 B. Interior Bar/Dining 105 105 C. Banquet/Dining 78 78/62 D. Maximum Occupancy Permitted 277 307/291 Second Floor E. Bar/Dance Area 0 139 F. Pool Table Area 0 10 G. Vip Room 0 30 H. Maximum Occupancy Permitted 0 179 Maximum Total Occupancy Permitted 277 524 TO: Planning Commission - 5. Analysis The applicant is now proposing to use the existing dining/banquet area on the ground floor of the restaurant for an additional dancing and live entertainment area after 10:30 p.m. As indicated in the above table, the use of this area for dancing and live entertainment will reduce the allowable occupancy from 78 people to 62 people. The proposed dance floor will occupy approximately 290t square feet. It should be noted that in accordance with Section 5.32.030 of the Municipal Code, the minimum square footage for dance floors 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 reviewed the proposed dance floor with the Revenue Division and it does not have any objections with its size. Reouired Off -Street Parkin As previously indicated in the Background Section, the subject restaurant currently provides no parking spaces before 6:00 p.m. Monday through Friday. After 6:00 p.m. and on weekends and holidays, the restaurant provides 175 parking spaces in the Lido Marina Village parking structure. Said requirement was based on the old restaurant parking requirement of 1 space for each 3 occupants. If the restaurant were established today, the parking requirement would be based on one parking space for each 40 square feet of "net public area" or 255 spaces (10,176t sq.ft. _ 40 = 254.4 of 255 spaces). The parking requirement could vary from 204 spaces (one parking space for each 50 sq.ft. of "net public area") to 339 spaces (one parking space for each 30 sq.ft. of "net public area"). Based on these figures, the existing restaurant as currently approved is nonconforming relative to the current off-street parking standards. When the Planning Commission approved the addition of 12 pool tables to the restaurant use, it did not change the existing parking requirement for the restaurant, nor did it establish a specific parking requirement for the billiards use. It was simply stated in the staff report that the addition of the proposed pool tables would decrease the number of seats or occupants within the restaurant by approximately 102 and therefore would decrease the parking demand for the restaurant. It should be noted however, that the applicant has not installed the pool tables on the ground floor as originally planned; therefore, the previous estimated reduction in the number of seats is approximately 40 rather than 102. In conjunction with the establishment of the new live entertainment and dancing area, the applicant intends to maintain the existing 175 parking spaces that are currently provided in the Lido Marina Village Parking Structure. It is the applicant's opinion that such parking will be sufficient for the additional late night activity, inasmuch as all of the dining activity within the restaurant has substantially concluded by 10:30 p.m. and the late night occupancy of the restaurant would never exceed the maximum allowable occupance based on parking which is 524 persons. TO: Planning Commission - 6. 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. It should be noted that the Planning Commission waived the development standards as they pertain to walls, landscaping and building setbacks in conjunction with its May 9, 1991 approval of Use Permit No. 1711 (Amended). Said waiver was determined not be detrimental to the adjoining properties given the developed characteristics of the existing restaurant facility. Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve this application, the findings and conditions set forth in the attached Exhibit "A" are suggested. However, should the Planning Commission wish to deny this application, the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT •gm• .- 0 01 Rol NOW Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of the Planning Commission Minutes dated February 7, 1974 Excerpt of the Planning Commission Minutes dated August 29, 1974 Excerpt of the Planning Commission Minutes dated July 17, 1975 Excerpt of the Planning Commission Minutes dated May 9, 1991 Excerpt of the Planning Commission Minutes dated February 20, 1992 Letter from applicant's representative Site Plan and Floor Plans ...bill-w\up\up1711c TO: Plammng Commission - 7. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1711 (AMENDED) Findin 1. The proposed changes in the operational characteristics of 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. The project will not have any significant environmental impact. 3. That the proposed addition of dancing and related live entertainment on the ground floor of the restaurant after 10:30 p.m. can be adequately served by existing available parking. 4. That the waiver of development standards as they pertain to walls, landscaping and building setbacks will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 5. That the approval of Use Permit No. 1711 (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 the proposed project shall be in substantial conformance, with the approved site plan and floor plans. 2. That all previously applicable conditions of approval of Use Permit No. 1711, and Use Permit No. 1711 (Amended) as approved by the Planning Commission on July 17, 1975, May 9, 1991 and February 20, 1992, shall be maintained. 3. That the sound from the ground floor live entertainment shall be confined to the interior of the structure; and further that all windows and doors within the restaurant shall be closed when said activity is conducted on the site. ' 4. The maximum permitted occupancy for specific portions within the restaurant shall be established in accordance with the requirements of the Uniform Building Code and Fire Code. 5. That the applicant shall obtain a new occupancy permit for the ground floor dancing and live entertainment area as well as for the second floor bar, dancing and live entertainment and pool table uses. TO. Planning Commission - 8. That the dancing and related live entertainment on both the first and second floor shall be limited to the hours between 10:30 p.m. and 1:30 a.m. daily. 7. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the proposed operation. 8. That the applicant shall obtain Coastal Commission approval of this application. 9. That restaurant development standards pertaining to walls, landscaping, and building setbacks shall be waived. 10. 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. 11. 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 - 9. EXHIBIT "B" FINDINGS FOR DENIAL OF USE PERMIT NO. 1711 (AMENDED) Findines 1. That the proposed change in the operational characteristics of the restaurant so as to add dancing and live entertainment on the ground floor, will increase the intensification of use of the property and will generate an increase in traffic and parking demand for the site. 2. That the establishment, maintenance or operation of the use of building applied for will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or 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. E:== SCALE .a FEET • � IPo am DISTRICTING MAP NEWPORT BEACH - CALIFORN AGRICULTURAL RESIDENTIAL R"� MULTIPLE RESIDENTIAL SINGLE FAMILY RESIOENML C_I LIGHT COMMERCIAL —� DUPLEX RESIDENTIAL C-2 GENERAL COMMERCIAL —3 1 RESTV MULTIPLE TIJALY RESIDENTIAL f M—I MANUTAOTURINC I%71 COMGINING DISTRIOM UNCLASSIFIED use IT11 AMEND� COMMISSIONERS q ,o N Nol�;0111'kXlrv�s ip% R`r C CITY OF NEWPORT b ACH MINUTES February 7, 1974 3. There should be a discussion of the impact of the driving range and related fences on the adjacent residential property. 4. Th vironmental Impact Report concludes that there be no adverse impact from fertilizes and pectic if they are properly applied. There should be ther discuss pesticidesof ways to on ensure the proper ap and fertilizers. 5. The final location, design, and me-t44.d of construction of the pedestrian crossin cros Mesa Drive and Irvine Avenue will City have vof eeto reviewed and approved by wport Beach. _ _------ Request to waive the required offstreet parking spaces in conjunction with the expansion of an existing acceptanceeofaanant in the C-1 1i Environmental Document. and the, Location: Portion of Lot 1123 and Lots 1124 and 1125, Tract 9071 located at 3450 Via Oporto, on the northeast- erly side of Via Oporto, east of Central Avenue in Lido Village. Zone: C-1-H Applicant: Donald M. Koll, Newport Beach Owner: June Johnson Public hearing was opened in connection with this matter. Jim Fetterhart of A. M. Voorhees Company in San Diego, appeared before the Planning Commission to review the report on traffic generation in Lido Village and answer questions in connection with the Environmental Impact Report. City Engineer Nolan reviewed with the Commission future plans for improving the signalization at Newport Boulevard and Via Lido. Lem o- SE 7R_�MIT PPROVI W-w—n f - Page 20. COMMISSIONERS ion Ayes CITY OF NEWPORT bcACH MINUTES February 7, 1974 on Koll appeared before the Planning Commission nd answered questions in connection with the equest including discussion of the legal noncon- 'orming sign. 'here being no others desiring to appear and be ieard, the public hearing was closed. =ollowing discussion, motion was made to accept thi 4egat1711,ive subjectatotion and the followingve Use conditions: No. 1. That development be in substantial compliance with the approved floor plans, except for orofino modifications approved by the Department Community Development. 2. That the occupancy of the restaurant use shall not exceed 277 persons prior to 6:00 P.M., daily, and shall not exceed a total of 400 persons after 6:00 P.M. daily. 3. That a minimum of 134 parking spaces shalI be maintained in the "Lido Village" p . rking rud ture for the restaurant use after the hour of 6:00 P.M. daily. These spaces shall be guar- anteed by an off -site parking agreement approv by the City Council. 4. That the second floor of the expanded restaura shall not be utilized for public assembly or the serving of any meals or beverages prior to the hour of 6:00 P.M. daily. 5. That all signs shall conform to the Sign Ordinance of the dNewport Beach the Municipal Cody and shall be approve rector of Community Development. 6. That all mechanical equipment and trash areas I screened to the satisfaction of the Department of Community Development. 7. That a washout area for trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drains. B. That kitchen exhaust fans be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. COMMISSIONERS CITY OF NEWPORT BEACH r�m N 9 j0x % MINUTES L February 7, 1974 9. That the applicant shall obtain the services' of an acoustical engineer and shall provide evidence of existing ambient outside noise levels and proposed interior noise levels. The building shall be insulated in such a manner as to maintain outside sound dt the existing ambient level. 10. That adsnpplication be processed and aparcelmapbefi 11. That prior to the issuance of building permit! the applicant shall furnish to the Department of Community Development a statement from the proposed restaurant operator indicating that he andiwillmiliar operateith thethese restauranttinns of appro compliance with them. Request to amend the Planned Community Development Plan for "Koll Center Newport to permit general changes in Acceptance ofeanaEnvironmental.Documend Use Maand Text; and the Document. Tract 7953, bounded by MacArthur Boulevard, Jamboree Road and Campus Drive in "Koll Center Newport". Zone P-C Lplicant: Koll Center Newport, Newport Beach Owner: Sa e`as Applicant Assistant Community De lopment Director Hewicker reviewed the changes to e.P-C Text for Koll Center Newport with the Co ission. Public hearing was opened in co ection with this matter. Bob Kraft of Langdon & l-lilson appeare efore the Planning Commission to answer questions lative to menthvithathescommentsadvised and recommendationsare no grhe staff. Planning Commission discussed landscaping within t eN project and amount of land necessary for construct on of a service station. 'COMMISSIONERS q N Ion x Ayes ent I C"�;Y OF NEWPORT A MINUTES August 29, 1974 people of this proposal. He stated that there possibly may be people who are not aware of the proposal and that it is up to the Commission to ecide if the change is a major enough proposal to this, then it should be a revision to the tentat map. He further stated that if the Commission nks this change is minor enough that it doesn' ed this, the Commission can approve this pr sal as a minor change. Planning Commission discusse he appropriateness of their deciding that this is a or change and acting on it without a public hearin . Motion that the Commission finds that this change will not require a revision tv the tentative map. Item #8 Request of staff to interpret the conditions of Request_ to o approval of Use Permit No. 1711 as they relate the occupant load of the proposed er- into to permitted Warehouse Restaurant in Lido Village. the_ oretcondi- Community Development Director Hogan explained tions of that there is a conflict between two of the Use Permit that the staff approvallof conditions of the would like to clear up: 1) That the development Use permit be in subscantial compliance with the approved 1711 floor plans except for minor modifications approved by the Community Development Department, Approved 2) That the occupancy of the restaurant shall not exceed 277 persons prior to 6:00 p.m. and shal not exceed a total of 400 persons after 6:00 p.m. Mr. Hogan stated that "400 persons after 6.00 p.m.' creates a problem because the floor plans as presented at the time of the hearing would provide for an occupancy of 524 persons as computed by the Building Code. He then explained that the applicant's understanding was that "400" meant 400 seats in the restaurant and that it was the staff's understanding that "400" meant an occupant load of 400. He stated that the entire reason for restricting the occupant load is because of the parking provision and that the applicant has plenty of parking after 6:00 p.m. He further explained that the applicant'has had an off -site parking agreement approved by the City Council at their last meeting and that there is no reason that the off -site parking agreement can't be made to -15- COMMISSIONERS C�CITY OF NEWPORT lotion ,11 Aye tbsent T„ m MINUTES e " August 29, 1974 include adequate parking as provided by the��Code for the 524 occupant load. He stated that 400 was applied for by the applicant (which he understood to mean as seats) and the seating plan he has for the restaurant is less than 400. He stated that if the Commission has no objection, staff will interpret that the "400" was meant as the applicant applied for it (as seats on his seating plan). He further stated that the occupant load as computed by the Building Code would be 524 and that staff would require in his off -site parking agreement that he set aside adequate parking that would provide for 524 people. He stated that it would be a matter of 175 parking places, in the parking agreement, that he would have to keep available for the restaurant usage. He informed the Commission that the conditions of the Use Permit but inter- preted toumean ld othat athenge�"400"ibewould the limitation on the number of seats that would be provided in the restaurant, but that where the parking would require that says a minimum of 134, staff the agreement, and the applicant has indicated that he is willing to sign the agreement, provide 175. Planning Commission discussed parking standards, means of determining occupancy load and the Restaurant Parking Study. IDon Koll appeared and answered questions of the Commission relative to the request. 'rim Strader appeared before thePlanning whenhe laniois.sio and stated that he put in 400 persons filed the application and that he was not aware of the occupancy square footage computation. He stated that these are the same plans that were approved by the Proposition 20 Commission and infotmed the Commission that the staff discovered this inconsistency in the conditions and that they are at the meeting to get a confirmation so they can conclude the planning stage and start the construction. Following discussion, motion was made that the Con finds that there was an inadvertent error in the x presentation of the occupancy figure in that the ission -16- COMMISSIONERS A CITY OF NEWPORT EACH August 29, 1974 MINUTES INDEX CALL 11400" referred to seats rather than persons and th the staff be allowed to reinterpret the "400" figure as being seating, with an occupancy load of 524 and that the Commission not -require a further public hearing conditioned upon the applicant adjusting the minimum parking requirement to the proposed figure of 175. t Item # , Request for approval of street names within Request the Coves Development. approval Community Development Director Hogan advised of street names the Commission that Irvine Pacific has requested the street names of Bayside Cove East and within Bayside Cove West. He stated that staff has the Coves shown these proposed street names to the Police and and Fire Departments and that the Police ment partment has indicated they have no objection, the Fire Department feels it might Approved ho ever, caus confusion because of other similar names in th City. James Hew•cker, Assistant Director - Planning, informed th Commission of other streets in the City with si •lar names and informed the Commission tha the staff was concerned originally with e names Cove East and Cove West with respect to em rgency use confusion. Ralph Spargo, Assista to the Director of Architecture and Planni for Irvine Pacific, appeared before the Plann• g Commission and stated that they were tryin to identify the street names with the projec i.e., Bayside Cove Community Association. H stated that they had originally proposed Cov East and Cove West but then had feedback from th staff that this would be in conflict with existing names. He stated they then decided to use Co with a modifier and proposed "Bayside Cove E t" and "Bayside Cove West" which would ident y this street as connected to Bayside Drive, connected to the Cove, and the name of the project. Planning Commission discussed the possibility of making "Bayside Cove" all one word and the possibility of referring this matter back to the Safety Forces for a unified opinion. -17- COMMISSIONERS ti on I I X tion 1 Ayes OF NEWPORT ( -r MINUTES July 17, 1975 that she did not feel that is going to help Newport Shores. She stated that they are happy with things the way they are and repeated that if the map isn't changed, there will be a lawsuit. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the desirability continuing this item to a later date to al w adequate time for staff to communicate with he Hunts and Mr. Pembroke; consider the effect far as the Specific Area Plan is concerne take into consideration any location for additio 1 parking; talk with the Fire Department an et a report as to. whether Me can satisfa orily service David Drive from a fire-fighti point of view; consider the possibility of t ing the duplexes around to make' a fuller utiliz ion of the surface streets, to give an oppor pity for some of the people they have not eard from on the east of Highland who are a ected by this to appear and' to receive an indicat n as to how this property fits into the Specific Ar Plan. Motion to continue this matter to Augus 7, 1975. Amended motion was made to reopen the publi hearing and continue it to a public hearing on August 7, 1975. Planning Commission recessed at 9:00 p.m. and reconvened at 9:25 p.m.— — Request to amend a previously approved use permit for the Warehouse Restaurant so as to permit dining and special events including live entertainment in the open patio area adjacent to the restaurant. Location: Parcel l'of Parcel Map 63-11 (Resub- division No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue in Lido Village. Zone: C-1-H Applicant: Donald M. Koll, Newport Beach ITEM 45 -10- COMMISSIONERS TY OF NEWPORT( E(`H O IP July 17, 1975 (on Ayes Owner: June Johnson and Calvin Rohrs, Newport Beach MINUTES )ublic hearing was opened in connection with this item and Tim Strader appeared before the 31anning Commission on behalf of Don Koll and :oncurred with the staff report. there being no others desiring to appear and be ieard, the public hearing was closed. Motion was made that the Planning Commission make the following findings: 1. That the with the Landosed Use Elementmoftis the Gencompatible ral Plan. 2. That the introduction of live entertainment on the patio will not be detrimental to any surrounding, land uses so long as the proposed use is limited to the hours of 10:00 a.m. and 10:00 p.m., daily, and that no sound amplification or brass instruments shall be permitted at any time. 3. That there is adequate parking in the Lido Village parking structure for the proposed expansion of the dining area onto the open patio adjacent to the restaurant. 4. The approval of Use Permit No. 1711 (Amended) will not under the circumstances of this case be detrimental to the health, safety, peace, moral comfort and general welfare of iersons residing and working in the ne-7hborhood or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City. and approve Use Permit No. 1711 (amended) subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan. 2. That the number of seats in the restaurant and on the deck or patio shall not exceed 277 seats during the lunch hour on week days nor more than 524 seats at night or on weekends. 3. That the live entertainment on the patio COMMISSIONERS tion 1 Ayes -E , .Y. OF NEWPORT(,., MINUTES July 17, 1975 shall be limited to the hours of 10:00 a.m. and 10:00 p.m. daily, and that no sound amplification or brass instruments shall be permitted at any time. Request to permit live entertainment in conjunction with a private club on the third floor of the five story Koll Building in Lido Village. Location: Parcel 1 of Parcel Map 60-43 (Resubdivision No. 433) located at 3390 Via Lido, on the northeasterly side of Via Lido, southeasterly of Via Oporto, in Lido Village, C-1-H ant: TiffanyNewport'Beach,ological Club, NewInc. of Newport Beach 3wner:\DonKoll Co., NewportBeach Motion to continue this item to August Request to amend por 'ons of Districting Maps Nos. 18, 19 and 20, an amend Section 20.12.060(c) of the Municipal Code, s as to establish an increase in rear yard set cks on properties adjacent to Buck Gully. Initiated by: The City of NeVINKrt Beach Assistant City Attorney Coffin ad 'sedo that t is the opinion of the City Attorney that the ordinance as proposed with t e all building setback can sustain a constit\ed i al challenge based upon misapplication of p power or inverse condemnation. Community Development Director Hogan adv that he met with the homeowners, groups the homes along the east side of Buck Gully south of Coast Highway. He stated that in attendance at that meeting were a homeowner from the area on the northeast side of Buck Gulandloneehomeowner gfrom tthe mwest eside aof Buck�on, ITEM #6 USE PER- MIT # 1758 CONT. TO AUG. 7, 1975 ITEM #7 AMEND- MENT EH — DEN I ED -12- May 9, 1991 MINUTES COMMISSIONERS ROLL CALL CITY OF NEWP'ORT BEACH 4. That overhead utilities serving the site be underground o the nearest appropriate pole in accordance wit ection 19.24.140 of the Municipal Code. 5. That all mechanical equipment and ash areas shall be screened from public streets and joining properties. 6. That the applicant s obtain Coastal Commission approval of this app ' tion prior to the issuance of building permits. 7. That t ' Site Plan Review shall expire unless exercised wit ' 24 months from the date of approvat as specified in ection 20.01.070 K of the Newport Beach Municipal Code. Use Permit No 1711 (Amended)(Rub1i� nnQ� Request to amend a previously approved use permit which permitted the expansion of an existing restaurant now known as the Warehouse Restaurant. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to permit dancing and live entertainment on the second floor between the hours of 10:30 p.m. and 1:30 am. nightly. Parcel 1 of Parcel Map 63-11 (Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue, in Lido Marina Village. C-1-H Warehouse Restaurant, Newport Beach June Johnson, Newport Beach The public hearing was opened in connection with this item and Mr. Lee Riley appeared before the Planning Commission on behalf of the property owner. Mr. Riley explained that because, historically, dancing had been an on -going activity at the site even before the time of the present ownership, it had been assumed that -13- INDEX Item No.5 UP1711A Approved ( May 9, 1991 INUTES COMMISSIONERS ;OLL CALL CITY OF NEWPORT BEACH IctoEx —'�— arcing was a permitted activity under the existing permit. When became known that an amendment to the use permit was -1quired to permit dancing and live ente ertaimnended nand the owneron the s oor, the activity was immediately susp pplied for the required amendment Mr. Miley stated that the owners were also unaware of the problems the Police Departo these ent vere encountering at the establishment. Upon learning problems, representatives of the restaurant met operational members of barges he police and Fire Departments and discussed ;hat could be employed to prevent the recurrence eof aid many siruilar problems. Subsequent to the meetings, security and to changes had been put into effect to afford greater ensure compliance with provisions of the use permit. He. further rsonnel from the Alcohol and Beverage Control commented that pe invited to present an informative seminar which Board had been was mandatory for the restaurant employees to attend. Mr. Riley concurred with the findings and conditions in Exhibit "A" Commissioner Edwards questioned if Mr. Riley would agree to a condition that would require a use permit review every six months. In response, Mr. Riley stated that it would depend if the six month review were to be on -going or just to be invoked one or two times. He continued that he would also want to know what kind of fee structure would be imposed on such a mandatory review- ed being Riley commented he was not aware of any' use p g subjected to such a condition, but if within reason, he would agree. Commissioner Pers6n stated that before the Planning Commission had imposed Condition No. 9 which authorizes it, among other possible actions, the ability to review a use permit, a periodic review had been a more prevalent practice. Assistant City Attorney Robin Flory stated that in addition to the amended use permit, the applicant is required to obtain a Cafe Dance Permit f iom the for Business License Division which also cont sns revocation for dancing. Mr. Riley explainedhat part of the reasoning for closing off different areas of the operation during daytime and nighttime hours was to afford a simple method for code enforcement personnel etwobserve that re being met. terms of the use permit and occupancy p being no others desiring to appear and be heard, the public a was closed at this time. -14- COMMISSIONERS -OLL CALL Motion Motion to Amend Ayes Noes original Motion All Ayes May 9, 1991 MINUTES CITY OF NEWPORT BEACH Motion was made to approve Use Permit No. 1711 (Amended) subject to the findings and conditions in Exhibit "A." Discussion ensued. Commissioner Edwards, stating his opinion that the applicant responded only to pressure, reiterated his aforementioned suggestion that the use permit application be required to come back to the Planning Commission for review in six months, at least once. In answer to Chairman Debay's inquiry as to the cost of a review, Director Hewicker said that if the review is required by the City, there are in-house costs, but no cost to the applicant for the review. Commissioner Di Sano stated he felt that Condition No. 9, together with the provisions of the Cafe Dance Permit would be adequate for control in light of the fact that the problems associated with the operation have been identified and that the operation will be scrutinized for compliance with City permits. Commissioner Edwards referred to the Police Department memo dated March 20 and the statement "... without any significant changes in the business operation, we would anticipate that these problems will continue to occur at unacceptable levels." An amendment to the original motion was made to include an additional Condition No. 11 requiring an automatic Planning Commission review after a nine month period. Commissioner Glover stated she would not be supporting the amendment as she felt it was too onerous to the applicant. Motion voted on, MOTION CARRIED. Original motion for approval of Use Permit No. 1711(Amended) with the additional Condition No. 11 was now voted on. MOTION CARRIED. 1. That the proposed restaurant with the addition of dancing and related live entertainment is consistent with the General Plan and the Local Coastal Program and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. That the proposed intensity of use in conjunction with the addition of dancing and related live entertainment will be -15- INDEX May 9, 1991MINUTES COMMISSIONERS LOLL CALL. CITY OF NEWPORT BEACH within the existing limits established in conjunction with the previously approved Use Permit No. 1711. That the waiver of development standards as they pertain to walls, landscaping and building setbacks will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. That the approval of Use Permit No. 1711(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 d in he neighborhood or the eneral welfare of City. C NDM NS_: 1, That the proposed development shall be in substantial conformance with the approved floor plans. 2 be limited sed dancing to he hours and entertainment between 10:30 p.m. to 1:30 a.m. nightly. 3. That after 10:30 p.m., when the dancing activity begins, maximum allowable occupancy of the second floor of the restaurant shall be 275 people provided further that the downstairs seating does not exceed 249 seats. 1, That all music and live entertainment shall be confined to the interior of the building and all windows and doors of the restaurant and lounge shall remain closed during such activities. 5. That a Cafe Dance permit shall be approved by the City. Dancing and related live entertainment shall be limited to the second floor of the restaurant. That restaurant development standards pertaining to walls, landscaping and building setbacks shall be waived. INDEX -16- COMMISSIONERS !OLL CALL May 9, 1991MkNUTES CITY OF NEWPORT .BEACH 8. That the applicant shall obtain Coastal Commission approval of this application prior to initiating the proposed dancing and live entertainment. 9. 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. 10. 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. 11. That Use Permit No. 1711(Amended) shall be reviewed by the Planning Commission in 9 months. s s s INDEX Item No.6 Request permit the establishment of a fitness facility in ur3a16 conjunction ' a proposed Laundromat on property located in the Ap2roved Retail and ce Commercial" area of the Cannery Village/McFadden pare Specific Plan Area. The proposed facility will also include movie and television area and a small area for retail sales of athle ' clothing. Lots 2 - 20, ck 127, Lake Tract, and a vacated portion Newport Boulevard, located at 2727 wport Boulevard, comprising the entire bloc ounded by 28th Street, Newport Boulevard (sou ound), 26th Street and West Balboa Boulev in the "Retail and Service Commercial" Area the Cannery Village/McFadden Square Sped Plan Area. -17- r February 20, 1992 MINUTES COMMISSIONERS TOLL CALL CITY OF NEWPORT BEACH 2, rior to the issuance of building permits, the applicant shall o n the City CounciI s approval of this off -site parking orov as required by Section 20.30.035 D of the Prior to the iss ce of building permits the applicant shall obtain Coastal ' sion approval of the proposed addition to the existin office building. 4. That all improvements be nstructed as required by Ordinance and the Public Wor epartment. $, That the on -site parking, vehicu circulation and pedestrian circulation systems be subject further review by the Traffic Engineer. 6. That the driveway between the existing parking lot d the off -site parking lot be a minimum of 24' widemandd b P with asphalt over aggregate base per City guest to amend a previously approved use permit that permitted expansion of an existing restaurant now known as the Lrehouse Restaurant which included on -sale alcoholic beverages, icing and live entertainment in the C-1-H District. The proposal Ludes a request to add 12 billiard tables to the existing taurant facility which will be located within the existing "net blic area" of the restaurant. The proposal also includes a request allow the second floor of the restaurant to be used for billiards ring the day, whereas the existing use permit prohibits the use of second floor during the day, Monday through Friday. A 9 )nth review of the existing restaurant operation is also included, required by the Planning Commission. 12 INDEX Item No.3 UP1711A COMMISSIONERS 3OLL CALL -ebruary20, 1992 MINUTES CITY OF HEWPORT BEACH LOCATION: Parcel 1 of Parcel Map 63-11 (Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue, in Lido Marina Village. C-1-H APPLICANT: Warehouse Restaurant, Newport Beach Lido Marina Village, Newport Beach ies Hewicker, Planning Director, addressed the memorandum n the Police Department dated February 17,1992, and a letter n an adjoining property owner east of the subject property. public hearing was opened in connection with this item, and Lee Riley appeared before the Planning Commission on behalf the applicant. Mr. Riley concurred with the findings and editions in Exhibit "A". Mr. Riley stated that the applicant hdrew the request to allow the second floor of the restaurant to used for billiards during the day after discussion with staff arding the parking in the area. He further stated that the uest is consistent with the dialogue that occurred with the staff en the applicant requested dancing and live entertainment at the Ly 9, 1991, Planning Commission meeting. r. Riley stated that the request is based on the current economy, e changing nature of the restaurant business, and the desire of e public to go to an up -scale operation to play billiards. The staurant would not change the existing operational characteristics th the exception of adding the billiard tables. Mr. Riley [dressed the successful operation of the Classic Q Restaurant. ie Warehouse Restaurant in Mission Viejo recently converted to successful operation similar to the subject proposal. Mr. Riley plained that good management practices changed the restaurant amatically since the May 9,1991, Planning Commission meeting. 0 INDEX rebruary 20, 1992 MINUTES COMMISSIONERS ROLL CALL Motion Ayes Absent CITY OF NEWPOR'T BEACH Chairman Di Sano stated that Condition No. 5, Exhibit "A", allows the Planning Commission to recall the use permit so as to add or modify conditions of approval if it is determined that the operation is detrimental to the community. Mr. Riley concurred with the condition. in response to questions posed by Commissioner Edwards, Mr. Riley stated that the restaurant is operating under the same owner/ management as it did in May, 1991. He further replied that the restaurant is not for sale. nmissioner Glover addressed the Police Department's ementioned memorandum indicating that the restaurant is rating under good management. In response to a question -d by Commissioner Glover regarding the strength of the ject conditions applied to the use permit, Mr. Hewicker replied the applicant has been very responsive to requests that the Ice Department has made concerning the restaurant. nmissioner Glover expressed her support of the application on basis of the information contained in the Police Department's :going memorandum and the emphasis on good management. being no others desiring to appear and be heard, the public a was closed at this time. was made and voted on to approve Use Permit No. 1711 led) subject to the findings and conditions in Exhibit "X. IN CARRIED. That the proposed restaurant with the addition of the billiard tables is consistent with the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. That the project will not have any significant environmental impact. -10- INDEX h7 _ cbruary 2.0, 1992 MINUTES COMMISSIONERS OLL CALL CITY OF NE WPORT BEACH That the proposed intensity of use in conjunction with the addition of billiard tables will be within the existing limits established in conjunction with the previously approved Use Permit No. 1711. That the approval of Use Permit No. 1711 (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. That the proposed development shall be in substantial conformance with the approved floor plans. That all previously applicable conditions of approval of Use Permit No. 1711, and Use Permit No. 1711 (Amended) as approved by the Planning Commission on July 17,1975 and May 9, 1991, shall be maintained. That the billiard tables and the bar/cocktail area on the second floor of the restaurant shall not be used before 6:00 p.m. Monday through Friday. That the applicant shall obtain Coastal Commission approval of this application prior to installing the proposed billiard tables. 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. -11- INDEX ebruary 20, 1992 MINUTES COMMISSIONERS LOLL CALL Motion Ayes Absent CITY OF NEWPORT BEACH 6. 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. Req st to permit the establishment of a new location for the existin idi's Restaurant on property located in the C-1 District. The prop ed restaurant will include an outdoor waiting area with seats. The oposal also includes a request to waive a portion of the required o -street parking spaces. The establishment of the restaurant also re esents a conversion of the existing building from a Base FAR use t Reduced FAR use which also requires the annroval of a use per Lot , lock 8, Balboa Tract, located at 605 East Ba oa Boulevard, on the southerly side of East lboa Boulevard, between Palm Street and ashington Street, in Central Balboa. C-1 APPLICANT: Geoffrey E. Landon, B a OWNER: Kover Family Trust, Balboa amen Hewicker, Planning Director, stated that the ap icar equested that Use Permit No. 3437 be removed from ca * Motion was made and voted on to remove Use Permit No. from calendar. MOTION CARRIED. sss -12- has INDEX Item No.4 uP3437 Removed from Calendar . W. LEE RILEY Government Relations Development consultant April 8, 1993 Mr. William Ward Planning Department City of Newport Beach Newport Beach, CA 92663 Re: Amendment to Use Permit 1711 (Amended), Warehouse Restaurant Dear Bill, Accompanying this letter is an application for another amendment to the above referenced Use Permit for the Warehouse Restaurant, 3450 Via Oporto. The purpose of the amendment request is to allow the placement of a temporary/removable bandstand and dance floor in the dining area generally used for banquets. This proposal is for dancing and entertainment in this first floor area only after 10:30 p.m. The dining uses are over by then. Parking shouldn't be an issue since all the Lido - Village offices and retail establishments are closed. The proposed dance floor area is somewhat smaller than the required 400 square feet so we would ask that the City Manager provide relief from that requirement. I base that request on our recent conversation wherein you stated that the City Manager has that ability and has allowed other establishments that same relief. Thank you for your attention to this application and if you have questions please feel free to call. Sincerely, Lee Riley ' t 125 Avenida Valencia . San Clemente, California 92672 . Phone/FAX (714) 492-3676 ro n Planning Commission vieeting February 20. •1992 Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT. Use Permit No 1711 (Amended) (Public Hearing) Request to amend a previously approved use permit that permitted the expansion of an existing restaurant now known as the Warehouse live entertainment in the C-1-H District. • The, proposal mcivaes a requesttoadd �i'��Ii lard tables to the existing restaurant facilitywhich will be located within the existing "net public area" of the restaurant. The proposal also includes a request to allow the secogimr—OLAM restaurant to be use or i ar s unn a ay, w ereas the existing use vermit prohibits Tffe use o e ge—c—ond floor urmg a day, operation is also me u ed, as required by the Planning Commission. LOCATION: Parcel 1 of Parcel Map 63-11(Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue, in Lido Marina Village. ZONE: C-1-H APPLICANT: Warelouse Restaurant, 96e okllnch _ •'•. ` ' "'' xrr ` :v: f a$ OWNER: ` " Lido l�farma Village, Newport Beach Application This application involves a request to amend a previously approved use permit which permitted the expansion of an existing restaurant now known as the Warehouse Restaurant on property located in the C-1-H District. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to add 12 billiard tables to the existing restaurant facility which will be located in the existing "net public area" of the restaurant. Although the proposal originally included a request to allow the second floor of the restaurant to used for billiards before 6:00 p.m. Monday through Friday, that aspect of the application has been withdrawn by the applicant. A 9 month review of the existing restaurant operation is also included, as required by the Planning Commission. In accordance with Section 20.72.010 E, changes in the operational characteristics of an existing TO: Plam, ng Commission - 2. restaurant requires the approval of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Environmental Simi canoe 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). �Ke The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial" uses. The subject restaurant is a permitted use within this designation. In addition, the Land Use Element of the General Plan specifics a land use intensity limit of 0.5/0.75 FAR for the subject property. Based on this requirement, the Base Development Allocation for the site is 0.5 times the site area or 6,462± square feet (12,924± sq.ft. x 0.5 = 6,462 sq.ft.). Inasmuch as the subject application involves a restaurant which is a Reduced FAR Use, the allowable FAR is 0.3 or 3,877± square feet. Although staff does not have the precise gross floor area of the subject restaurant, the "net public area" in itself, is in excess of 10,000 square feet (including the patio dining area). Therefore, the subject restaurant is nonconforming with regards to the allowable Floor Area Ratio. ---'> In accordance with the provisions of the California Coastal Act, the subject application also requires the approval of the Coastal Commission. The subject property is currently the site of the existing Warehouse Restaurant. To the north and northeast, is Newport Bay; to the south, is a small restaurant and retail shops; to the southwest, across Via Oporto, is the previous Magic Island Restaurant and the Lido Marina Village parking structure; and to the northwest, is the Elk's Club. At its meeting of February 7,1974, the Planning Commission approved Use Permit No.1711 which permitted the expansion of an existing restaurant previously known as Berkshire's Restaurant. Said approval also included a waiver of a portion of the required off-street parking spaces (daytime parking) and the approval of an off -site parking agreement for 134 restaurant parking spaces in the Lido Village parking structure. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of Planning Commission minutes dated February 7,1974. It should be noted that Condition No. 2 of said approval limited the occupancy of the restaurant to 277 persons prior to 6:00 p.m. and 400 persons after 6:00 p.m. It should also be noted that TO: Planning Commission - 3. the previous Berkshire's Restaurant included live entertainment and dancing which was extended to the Warehouse Restaurant as part of the approval of Use Permit No. 1711. However, the dancing and live entertainment was subsequently discontinued. At its meeting of August 26,1974, the City Council approved an off -site parking agreement for the subject restaurant which provided 175 restaurant parking spaces within the Lido Marina Village parking structure. At its meeting of August 29,1974, the Planning Commission considered a request from staff to interpret the conditions of approval of Use Permit No. 1711 as they relate to the permitted occupant load of the subject restaurant. Said request was based on staffs misunderstanding that the limit of 400 persons after 6:00 p.m. was, an occupant -load limit rather than a limit on the number of seats. As indicated in the attached excerpt of the August 29,1974 Planning Commission minutes, the Uniform Building Code would allow a maximum occupancy of 524 people in the restaurant and it was the applicant's intent to operate the ,restaurant at that maximum occupancy. Staff explained to the commission that ons the parking demand of the restaurant is a function of the total number of restaurany o 524 on the site and that if the Commission wished to allow a maximum occupancy of 524 persons, the parking requirement would increase from 134 spaces to 175 spaces. As indicated in the attached minutes, the Planning Commission allowed staff to reinterpret the 114W' figure as being a limit on seating, with an occupancy load of 524 persons, provided that the parking requirement was adjusted to 175 spaces (1 parking space for each 3 occupants). At its meeting of July 17, 1975, the Planning Commission approved Use Permit No. 1711 (Amended) which permitted the addition of live entertainment on the patio dining area between 10:00 a.m. and 10:00 p.m. daily and that the live entertainment shall not include any sound ;amplification or brass instruments. It should also be noted that the condition limiting tie number of-seaf`s'i h'the'restattrant was chaugedisb'as to allow a maximum of 524 seats at night (after 6:00 p.m.) and on weekends. There was no change in the midweek daytime seating of 277 seats"before 6:00 p.m. Staff has attached an excerpt of the Planning Commission minutes dated July 17, 1975 for the Planning Commission's information. At its meeting of May 9,1991, the Planning Commission approved a second amendment to Use Permit No. 1711 which involved a request to change the operational characteristics of the restaurant so as to permit dancing and related live entertainment on the second floor of the restaurant. Said approval permitted a maximum occupancy of 275 people on the second floor after 10:30 p.m. when the dancing and live entertainment begins, provided the downstairs seating does not exceed 249 seats. The necessity of such a limitation is that the maximum allowable occupance of the entire restaurant may not exceed 524 person, based on the requirements of the Uniform Building Code and Fire Code. The findings and the remainder of the conditions of approval are set forth in the attached excerpt of the Planning Commission minutes dated May 9, 1991. TO: Plan...ng Commission - 4. .: In accordance with Condition No. it of Use Permit No. 1711 (Amended), said approval required a 9 month review by the Planning Commission in order to determine if the restaurant facility is operating without incident and in conformance with applicable conditions of approval. As of this date, the Planning Department has not received any comments from the Police Department concerning the proposed addition of billiard tables or the 9 month review of live entertainment and dancing. However, it is expected that comments from the Police Department will be received before the Planning Commission meeting and will be provided to the Commission at the public hearing. The existing restaurant operation includes a ground floor interior dining and bar area which contains 105 seats and a "net public area" of 2,773± square feet; a ground floor banquet room containing 78 seats and 1,322± square feet of "net public area;" and an outdoor dining patio with 124 seats and 2,237± square feet of "net public area" for a total ground floor seating of 307 seats. Although the total number of ground floor seats exceeds the allowable 277 seats, the applicant previously discussed with the Planning Commission that they control the number of seats on the ground floor by closing off either the patio dining area or the banquet dining area, depending on the weather, and that there are never more than 277 seats in use before 6:00 p.m. Monday through Friday. The restaurant also includes a second floor dining and bar area which contains 165 seats and 3,834± square feet of "net public area"; and al small banquet/meeting room containing 516 square feet which is used for general assembly in the evening and is permitted a maximum occupancy of 34 people. The total permitted occupancy for the second floor is 275 people. hive entertainment and dancing is also permitted on the second floor in conjunction with a 406 square foot dance floor. Total seating in the restaurant is 472 seats of which only 277 seats on the ground floor may be used before 6:00 and 249 seats on the ground floor after 10:30 p.m. There are currently 34 employees on duty during peak hours of. operation and the required closing time is 2:00 a.m. Live entertainment and dancing is permitted on the second floor from 10:30 p.m. to 1:30 a.m. nightly. Analysis As indicated in the attached plans, the applicant is proposing to a&Lj� illiard les to the existing restaurant. Five of the tables and 21 related seats will be on the ground floor portion of the building, in an area currently used as a banquet dining area which contains 78 seats and 1,322± square feet. The remaining 7 billiard tables will be located on the second floor of the restaurant, one of which will occupy the small banquet room and the other six will occupy an area that is currently used for dining and dancing. Based on the attached plans, the addition of the billiard tables will result in the reduction of 57 seats on the ground floor and 59 seats and 34 occupants from the banquet/meeting room on the second floor (150 total reduction in seats or occupants). However, considering that there could be as many as four people at each of the twelve billiard tables (48 people), the net reduction is 102 people or seats. . TO: Planning Commission - S. The proposed billiard tables on the second, floor has also resulted in the relocation of the dance floor and band stand to the northeasterly corner of the restaurant. The new location is within the existing "net public area" of the restaurant and the size of the dance floor will substantially the same (four square foot increase). .., me Kel�_ e As previously indicated in the Background Section, the subject restaurant currently provides no parking spaces before 6:00 p.m. Monday through Friday. After 6:00 p.m and on weekends and holidays, the restaurant provides 175 parking spaces in the Lido Marina Village parking structure. Said'iequirement was based on the old restaurant parking requirement of i space for each 3 occupants. If the resiaurant were established today, the parking requirement would be based on one parking space for each 40 square feet of "net public area" or.W'spaces (10,176± sq.ft.'= 40 = 254.4 of 255 spaces). The parking requirement could vary froin 204 spaces (one parking space for each 50 sgft. of net public area") to 339 spaces (one parking space for each 30 sq.ft. of "net public area"). Therefore, the existing restaurant as currently approved is nonconforming relative to the current off- street parking standards. In light of the fact that the addition of the proposed billiard tables will result in a decrease in the number of occupants in the restaurant, it is staffs opinion that the proposed use of the billiard tables after 6:00 p.m. will not increase the parking demand for the restaurant. Similar Ap licp ation At its meeting of September 20,1990; the Planning Commission failed to approve (3 Ayes, 3 Noes, 1 Absent) Use Permit'No. 3392 which involved a request to add 16 billiard tables to an existing restaurant located at 4250 Martingale Way. Unlike the Warehouse restaurant proposal, said application proposed the billiards activity as the primary use on the site with the service of food as an incidental use. The action of the Commission was the result of three members feeling that the establishment of a billiards club would not enhance the City, and that the Police Department had expressed strong objections to the proposed- facility. However, at its meeting of October 22, 1990, the City Council approved the applicant's appeal of the Planning Commission's action. 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 TO: Play .ng Commission - 6. the strict compliance with the standards. It should be noted that the Planning Commission waived the development standards as they pertain to walls, landscaping and building setbacks in conjunction with its May 9, 1991 approval of Use Permit No. 1711 (Amended). Said waiver was determined not be detrimental to the adjoining properties given the developed characteristics of the existing restaurant facility. ,Specific Findings 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 pf 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 Use Permit No. 1711 (Amended), the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Staff has not included an exhibit for denial inasmuch as the subject project represents a reduction in the intensity of use of the restaurant and conforms to the requirements of the General Plan, Local Coastal Program and the Zoning Code. However, there may be additional information presented at the public hearing which may provide grounds for denial of the application. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By W. William Ward Senior Planner Attachments: Exhibit "A" Vicinity Map Excerpt of the Planning Commission minutes dated February 7, 1974 Excerpt of the Planning Commission minutes dated August 29, 1974 Excerpt of the Planning Commission minutes dated July 17, 1975 Excerpt of the Planning Commission minutes dated May 9, 1991 Letter from applicant's representative Floor Plans TO: Planning Commission - 7. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1711 (AMENDED) FINDINGS: 1. That the proposed restaurant with the addition of the billiard tables is consistent with the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. .� z 3. That the proposed intensity of use in conjunction with the addition of bill�iazd tables will be within the existing limits established in conjunction with the ,previously approved Use Permit No. 1711. 4. That the approval of Use Permit No. 1711 (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 the proposed development shall be in substantial conformance with the approved floor plans. 2. That all previously applicable conditions of approval of Use Permit No. 1711, and Use Permit No. 1711 (Amended) as approved by the Planning Commission on July 17, 1975 and May 9, 1991, 3. That the billiard tables and, the bar/cocktail area on the second floor of the restaurant shall not be used before 6:00 p.m. Monday through Friday. 4. That the applicant shall obtain Coastal Commission approval of this application prior to installing the proposed billiard tables. 5. 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. 6. 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. u' CLIFF DRIVE R-I RVLR RI R-I zso .P a- sr-s *y 1 _ c •,. s y + LQ �h •9TFJ SA leeo Z ' LI 4 C•I�N p \ � \\\\`\� 'I < 0 C-1-H IP c S \ \ C•1•H § r ,ssM•rfr \ .oQ �M SCALE Ay .tl uo eu \\ C of nun A.a s \ DISTRICTING NPORT BEACH — < AGRICULTURAL RESIDEMTW. R� SINGLE FAMILY RESIOENML-1 DUPLEX RESIDENTIAL C-= REAfa MULTIPLE "JAY RESIDENTIAL M-1 MAP ALIFORNI MULTIPLE RESIDENTIAL LIGNT COMMERCIAL GENERAL COMMERCIAL MANUFXTURING F'ERMR NQ 1�11(�NDeo� o to, (f, �- COMMISSIONERS CITY OF NEWPORT W ACH m rP N MINUTES mf.y�"`y< t en P M a� P February 7, 1974 INoex f the 3. Thee therdriving drange andbe a crelatedussion ofencesionathe { adjacent residential property. 4. Th vironmental Impact Report concludes that there ' be no adverse impact from feize s and pestic if they are properly applied. There should be ther discussion of ways ensure the proper ap 'ation of rand fertilizers. 5. The final location, design, and me d of construction of the pedestrian crossin cros Mesa Drive and Irvine Avenue will have reviewed and approved by the City Port Beach.— T+am R-7 Request to waive the required offstreet parking the expansion of an USE PERMIT 'f'fT1-- spaces in conjunction with and the aexisting cceptanceeofaanaEnvironmentalrpocumentct, APPROVED Location: Portion of Lot 1123 and Lots 1124 and 1125, Tract 907, located at awbi_ TI N LLY 3450 Via Oporto, on the northeast- erly Central dAvenue e of iinOLido oVillage. Zone: C-1-H Applicant: Donald M. Koll, Newport Beach Owner: June Johnson Public hearing was opened in connection with this matter. Jim Fetterhart of A. M. Voorhees Company in San appeared before the Planning Commission to Diego, review the report on traffic generation in Lido in connection with Village and answer questions the Environmental Impact Report. City -Engineer Nolan reviewed with the Commission for improving the signalization at future plans Newport Boulevard and Via Lido. Page 20. COMMISSIONERS lu ,tion 11 Ayes CCITY OF NEWPORT b? ACH MINUTES 1974 )on Koll appeared before the Planning Commission ind answered questions in connection with the •equest including discussion of the legal noncon- Forming sign. rhere rieard,bthegno publichers hearingiwasgto ap . pear closedand be . Following discussion, motion was made to accept th Neative 1711, subject atotthe folloion wing ngcondi'tions: e Use Permit No. 1. That development be in substantial compliance with the approved floor plans, except for minor modifications approved by the Department of Community Development. 2. That the occupancy of the restaurant use shall not exceed 277 persons prior to 6:00 P.M., daily, and shall not exceed a total of 400 persons after 6:00 P.M. daily. 3. That a minimum of 134 parking spaces shall be maintaind usethe "Lido lafterptheing hourtofc 6:00 P.M. daily. These spacesagreement b approv guar- anteed by an of parking by the City Council. 4. That the second floor of the expanded restaurai shall not be utilized for public assembly or the serving of any meals or beverages prior to the hour of 6:00 P.M. daily. 5. That all signs shall conform to the Sign Ordinance of the Newport ea c Municipal Codi and shall be approved rector of Community Development. 6. That all mechanical equipment and trash areas screened to the satisfaction of the Department of Community Development. 7. That a washout area for trash containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or the storm drai.ns. 8. That kitchen exhaust fans be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District Page 21. COMMISSIONERS y4� m^ 9 th 7o N T CA, CITY OF NEWPORT MACH f 7n7A MINUTES INDEX l CALL reuruary ', 9. That the applicant shall obtain the services' of an acoustical engineer and shall provide ambient outside noise evidence of existing levels and proposed interior noise levels. a The building shall be insulated in such as to maintain -outside sound at the - manner existing ambient level. 10. That adsnapplication be processed and aparcelmapbefiled. 11. That prtdr -t6 the issuance of build -ng?per►nit the Department the applicant shall furnish to Community Development a statement from the of proposed restaurant operator indicating that of aporo al he andiwillmiliar operateith thethese restauranttinns compliance with them. Item B-8 the NQ. 42 0 CenterPlanned Newport"otoupermitegeneralnt Planefort"Kollnd changes in the Land Use Map and Text; and the APPROVED Acceptance of an Environmental Document. Tract 79539 bounded by MacArthur Boulevard, Jamboree Road and Campus I,ILocation: Drive in "Koll Center Newport". Zone: P-C Applicant: Koll Center Newport, Newport Beach Owner: Sa e` as Applicant Assistant Community De lopment Director Hewicker Text for Koll reviewed the changes to e.P-C Center Newport with the Co fission. Public hearing was opened in co ection with this matter. Bob Kraft of Langdon & Wilson appeare efore the questions lative Planning Commission to answer to and that they are i gr ee- ' commentsised recommendations o he menthwithathesand recommend staff. Planning Commission discussed landscaping within t e for construct on project and amount of land necessary of a service station. Page 22. N, -COMMISSIONERS 03 ` T`;`�, �1£ \y�\�� tion x 1 Ayes sent C C:_iY OF NEWPORT��,C_ MINUTES August 29, 1974 people of this proposal. He stated that there possibly may be people who are not aware of the proposal and that it is up to the Commission to ecide if the change is a major enough proposal, to this, then it should be a revision to the tentat map. He further stated that if the Commission .nks this change is minor enough a that it doesn' ed this, the Commission can approve this pr sal s a minor change. Planning Commission discusse he appropriateness of their_ deciding that this is a or change and acting on i�t without a public hearin . Motion that the Commission finds that this change will not require a revision tv the tentative map. Request of staff to interpret the conditions of approval of Use Permit No. 1711 as they relate Warehouseto the rmitted RestaurantuinnLidoad of the Village. proposed Community Development Director Hogan explained that there is a conflict between two of the conditions of the Use PermitThat would like to clear up: ) roved be in substantial compliance with.the app floor plans except for minor modifications approved by the Community Development Department, 2) That the occupancy of the restaurant shall not exceed 277 persons prior to 6:00 p.m. and shal not exceed a total of 400 persons after 6:00 p.m. Mr. Hogan stated that "400 persons after 6:00 p.m. creates a problem because the floor plans presented at the time of the hearing would. provide or an occupancy of 524 persons as fcomputed by the Building Code. He then explained that the applicant's understanding was that "400" meant 400 seats in the restaurant and that it was the staffr 'understanding that "400" meant an occupant load of 400. He stated that the entire reason for restricting the occupant load is because of the parking provision and that the applicant has plenty of parking after 6:00 p.m. He further explained that the applicant has had an off -site parking agreement approved by the City Council at their last meeting and that there is no reason that the off -site parking agreement can't be made to Item #8 Request to inter- �the condi- tions of approval of Use Permit 1711 Approved -15- M ' COMMISSIONERS C CITY OF NEWPORT b:�r•�H August 29, 1974 MINUTES INDEX AL CALL as Heovided statedbthatthe "400" forinclude the 924guate occupantkload. was applied for by the applicant (which he understood to mean as seats) and the seating is less than 400. .plan he has for the restaurant He stated that if the -Commission -has -no-. - '1400" objection, staff will interpret that the applied for (as was meant as the applicantrit his seating plan). ated seats on that the occupant load as computed by the Building Code would be 524 and that staff in his off -site parki'ngiagreement would require that he set aside adequate parking that would provide for 524 people. He stated that it a 175 parking places, in the would be matter of parking agreement, that he would have to keep He informed available for the restaurant usage. the Commission that the conditions of the Use Permit would not change, but it would be inter- be preted the numbernofhseatsethat011 wouldthe be provided n in the restaurant, but that where the parking would require that says a minimum of 134, staff the agreement, and the applicant has indicated that he is willing to sign the agreement, provide 175. Planning Commission discussed parking standards, load and the means of determining occupancy Restaurant Parking Study. Don Koll appeared and answered questions of the Commission relative to the request. 'rim Strader appeared before the Planning Commissio he and stated that he put in 400 persons when filed the application and that he was not aware of the occupancy square footage computation. that He stated that these are the same plans were approved by the Proposition 20 Commission and informed the Commission that the staff in the conditions discovered this inconsistency to a and that they are at the meeting get they can conclude the planning confirmation so stage and start the construction. Motion x Following discussion, motion was made that the Co m in the ission All Ayes finds that there was an inadvertent error figure in that the Absent x presentation of the occupancy COMMISSIONERS i CITY OF NEWPORT Cl:ACH MINUTES August 29, 1974 '-400" referred to seats rather than persons and th t the staff be allowed to reinterpret the '1400" figure as being seating, with an occupancy load of 524 and that the Commission not require a furthe.r public hearing conditioned upon the applicant adjusting the minimum parking requirement to the proposed figure of 175. Item �1 Request for approval of street names within the Coves Development. Community Development Director Hogan advised the Commission that Irvine Pacific has requested the street names of Bayside Cove East and Bayside Cove West. He stated that staff has shown these proposed street names to the Police and Fire Departments and that the Police partment has indicated they have no objection, ho ever, the Fire Department feels it might caus confusion because of other similar names in th City. James Hew'cker, Assistant Director - Planning, informed th Commission of other streets in the City with si 'lar names and informed the Commission tha the staff was concerned originally with a names Cove East and Cove'West with respect to em rgency use confusion. Ralph Spargo, Assista to the Director of t� Architecture and Planni for Irvine Pacific, appeared before the Plann' g Commission and stated that they were tryin to identify the street names with the projec i.e., Bayside Cove Community Association. H stated that they had originally proposed Cov East and Cove West but then had feedback from th staff that this would be in conflict with existing names. He stated they then decided to use Co with a modifier and proposed "Bayside Cove E t-' and "Bayside Cove Wesi" which would ident y this street as connected to Bayside Drive, connected to the Cove, and the name of the project. Planning Commission discussed the possibility of making "Bayside Cove" all one word and the possibility of referring this matter back to the Safety Forces for a unified opinion. avaroval of street Approved -17- �iy COMMISSIONERS OF NEWPORTj- )tion :)tion II Ayes MINUTES July 179 1975 that fibe did not feel that is going to help Newport Shores. She stated that they are happy with things the way they are and repeated that if the map isn't changed, there will be a lawsuit. There being no others desiring to appear and be heawrd,-the public hearing was closed. Planning Commission discussed the desirability continuing this item,to a later date to a1 w adequate time for staff to communicate with he ,Hunts and Mr. Pembroke; consider the effect far as the Specific Area Plan is concerne , take into consideratiow any location for additio 1 parking•; talk with the Fire Department an et a report as to, whether they can satisfa orily service David Drive from a fire-fighti point of view; consider the possibility of t ing the duplexes around to make a fuller utili ion of the surface streets, to give an oppor pity for some of the people they have not eard from on the east of Highland who area ected by this to appear and' to receive an incd a n as to how this roperty fits into the Specific Ar Plan. p X Motion to continue this matter to Augus 7, 1975. X Amended motion was made to reopen the publi hearing and continue it to a public hearing on. I August 7, 1975. I 1 Planning Commission recessed at 9:00 p.m. and I reconvened at 9:25 p.m. _ Request to amend a previously approved use permit for the Warehouse Restaurant so as to permit dining and special events including live entertainment in the open patio area adjacent to the restaurant. Location: Parcel 1-of Parcel Map 63-11 '(Resub- division No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue in Lido Village. Zone: C-1-H Applicant: Donald M. Koll, Newport Beach ITEM 4 -10- COMMISSIONERS M Z m a 4 % IL tion 1 Ayes TY OF NEWPORT'H MINUTES July 17, 1975' Owner: June Johnson and Calvin Rohrs, j Newport Beach Public hearing was opened in connection with this item and Tim Strader appeared before the Planning Commission on behalf of Don Koll and concurred with the staff report. There heard,bthegno publichers hearingirinwasgclosedto appear and be . `Motion was made that the Planning Commission make the following findings: l. That the with the Land oUse Elemensed tmoftthe Gefis fcompatible aral Plan. 2. That the introduction of live entertainment on the patio will not be detrimental to any surrounding land uses so long as the proposed use is limited to the hours of 10:00 a.m. and 10:00 p.m., daily, and that no sound amplification or brass instruments shall be permitted at any time. 3. That there is adequate parking in the Lido Village parking structure for the proposed expansion of the dining area onto the open patio adjace'►it to the restaurant., 4. The approval of Use Permit No. 1711 (Amended) will not under the circumstances of *tIS'i$ case be detrimental to the health, safety, peace, moral comfort and general welfare of iersons residing and working in the ne•lhborhood or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City. and approve Use Permit No. 1711 (amended) subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan. 2. That the number of seats in the restaurant and on the deck or patio shall not exceed 277 seats during the lunch hour on week days nor more than 524 seats at night or on weekends. 3. That the live entertainment on the patio 1611 -11- fY OF NEWPOR COMMISSIONERS t�,_' �.. T 'r° , '-� \. MINUTES 2x p July 17, 1975 :ALL shall be limited to the hours of 10:00 a.m. and 10:00 p.m. daily, and that no sound amplification or brass instruments shall be permitted at any time. otion 11 Ayes Request to permit live entertainment in conjunction with a private club on the third floor of the five story Koll Building in Lido•Vil,lage. Location: Parcel I of Parcel Map 6043 (Resubdivision No. 433) located at 3390 Via Lido, on the northeasterly side of Via Lido, southeasterly of Via Oporto, in Lido Village, C-1-H ant: TiffanyNewport,Beach,ological Clubs Newport Beach Inc. of Dwner:\me Koll Co., Newport Beach Motion Wto continue this item to August 7 Request to amend por 'ons of Districting Maps Nos. 18, 19 and 20, an amend Section 20.12.060(c) of the Municipal Code, s as to establish an increase in rear yard set cks on prop erties adjacent to Buck Gully. Initiated by: The City of New rt Beach Assistant City Attorney Coffin ad 'sed that 1t is the opinion of the City Attorney office that the ordinance as proposed with t e maximum building setback can sustain a constit ional ice challenge based upon misapplication of p power or inverse condemnation. Community Development Director Hgg�n advised that he met with the homeowners' groups who own the homes along the east side statedBuck Gully south of Coast Highway. He t in attendance at that meeting were a homeowner from the area on the northeast side of Buck Gulandloneehomeownergfromtthemwestesidea ion, f Buck -12- ITEM #6 USE PER_ MIT # 1758 CONT. TO AUG. 7 975 ITEM #7 AMEND- MENT #446 DENIED COMMISSIONERS F^ May 9, 19y MINUTES ROLL CALL CITY OF NEWPORT BEACH 4, That overhead utilities serving the site be undergrouna to the nearest appropriate pole in accordance wit ection 19.24.140 of the Municipal Code. 5, That all mechanical equipment andh areas all be oim'nro screened from public streets and 1 g P P eS 6. That the applicant s obtain Coastal Commission approval of this app ' don prior to the issuance of building permits. 7, 'Phat t ' Site Plan Review shall expire unless exercised wit ' 24 months from the date of Beach Municipaloval as ecified in Code. ection 20.01.070 K of the Newport Use Permit No 1711 (AmendPdl(public Hearinel Request to amend a previously approved use permit which permitted the expansion of an existing restaurant now known as the Warehouse Restaurant. The proposed amendment involves a request to change the operational characteristics of the restaurant (so as to permit dancing and live entertainment on the second floor between thechours of 10:30 p.m and 1:30 a.m. nightly. parcel 1 of;parcel,Map 63-11(Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue, in Lido Marina Village. C-1-H Warehouse Restaurant, Newport Beach OWNER: June Johnson, Newport Beach public hearing was opened in connection with this item and Lee Riley appeared before the Planning Commission on behalf the property owner. Mr. Riley explained that because, orically, dancing bad been an on -going activity at the site even ore the time of the present ownership, it had been assumed that -13- INDEX uP1711A lei May 9, 1991 INUTES COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH INOEx dancing was a permitted activity under the existing permit. When it became known that an amendment to the use permit was required to permit dancing and live entertainment on the second floor, the activity was immediately suspended and the owners applied for the required amendment. Mr. Riley stated that the owners were also unaware of the problems the Police Depa meesntt were encountering at the establishment Upon.learning bers of problems, representatives of the restaurant met wia changes the Police and Fire Departments and'discussed ope that could be employed to prevent the recurrence of similar I!, Subsequent to the meetings, Mr. Riley said many changes had been put into effect to afford greater security and to of er ensure compliance with provisions Alcohol a permit. commented that personnel from the Alcohol and Beveragb Control Board had been invited to present an informative seminar which was mandatory for the restaurant employees to attend. Mr. Riley concurred with the findings and conditions in Exhibit "A." Commissioner Edwards questioned if Mr. Riley would agree to a condition that would require a use permit review every six months. In response, Mr. Riley stated that it would depend if the six month review were to be on -going or just to be invoked one or two times. He continued that he would also want to know what kind of fee eview use structure would be imposed on such a mandapermit being Riley commented he was not aware of any P subjected to such a condition, but if within reason, he would agree. Commissioner Pers6n stated that before the Planning Commission had imposed Condition No. 9 which authorizes itamong other possible actions, the ability to review a use permit, a periodic review had been a more prevalent practice. Assistant CityAttorney Robin Flory stated that in addition to the amended use permit, the applicant is required to obtain a Cafe Dance Permit from the Business License Division which also contains provisions for revocation for dancing. Mr. Riley explained that part of the reasoning for closing off different areas of the operation during daytime and nighttime hours was to afford a simple method for code enforcement personnel to being met terms of the use vermit and occupancy permits being no others desiring to appear and be heard, the public a was closed at this time. -14- 191 COMMISSIONERS May 9, 1991 INUTES ROLL CALL Motion Motion to Amend Ayes Noes original Motion All Ayes CITY OF NEWPORT BEACH Motion was made to approve Use Permit No. 1711 (Amended) subject to the findings and conditions in Exhibit "A." Discussion ensued. Commissioner Edwards, stating his opinion that the applicant responded only to pressure, reiterated his aforementioned suggestion that the use permit application be required to come back to the Planning Commission for review in six months, at least once. in answer to Chairman Debay's inquiry as to the cost of a review, Director Hewicker said that if the review is required by the City, there are in-house costs, but no cost to the applicant for the review. Comt tissioner Di Sano stated he felt that COz�diti0tl'N0. ' 9, together with the provisions of the Cafe Dance Permit would be adequate for control in light of the fact that the problems associated with the operation have been identified and that the operation will be scrutinized for compliance with City permits. Commissioner Edwards referred to the Police Department memo dated Match 20 and the statement "... without any significant changes in the business operation, we would anticipate that these problems will continue to occur at unacceptable levels." An amendment to the original motion was made to include an additional Condition No. 11 requiring an automatic Planning Commission review after a nine month period. Commissioner Glover stated she would not be supporting the amendment as she felt it was too onerous to the applicant. Motion voted on, MOTION CARRIED. Original motion for approval. of Use Permit No. 1711 (Amended) with the additional Condition No. I I was now voied on. 1vIOTiO�1' CARRIED. FINDINGS: 1. That the proposed restaurant with the addition of dancing and related live entertainment is consistent with the General Plan and the Local Coastal Program and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. That the proposed intensity of use in conjunction with the addition of dancing and related live entertainment will be -15- INDEX (� May 9, 1991 MINUTES COMMISSIONERS ROLL CALL CITY OF NEWPORT BEACH within the existing limits established in conjunction with the previously approved Use Permit No. 1711. I. That the waiver of development standards as they Pertain to walls, landscaping and building setbacks will not be the developed detrimental to the adjoining properties gi characteristics of the existing facility. 5, That the approval of Use Permit No. 1711(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. 1, That the proposed development shall be in substantial conformance with the approved floor plans. 2 Ile proposed nd related between 0live belimited to the hours:30 p.m. to 1:30 am. nightly. 3. That after 10:30 p.m., when the dancing activity begins, maximum allowable occupancy of the second floor of the restaurant shall be 275 people provided further that the downstairs seating does not exceed 249 seats. 4. That all music and live entertainment shall be confined to the interior of the building and all windows and doors of the restaurant and lounge shall remain closed during such activities. 5. That a Cafe Dance permit shall be approved by the City. 6. Dancing and related live entertainment shall be limited to the second floor of the restaurant. 7. That restaurant development standards pertaining to walls, landscaping and building setbacks shall be waived. -16- INDEX 41 COMMISSIONERS May 9, 1991MINUTES ROLL CALL CITY OF NEWPORT .BEACH 8. That the applicant shall obtain Coastal Commission approval of this application prior to initiating the proposed dancing and live entertainment. 9. 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. 10. 'That this use permit sball 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. 11. That Use Permit No. 1711 (Amended) shall be reviewed by the Planning Commission in 9 months. INDEX grmit No 3416 (Publi�l3earinel item xo.6 Request permit rtthe , .establishment of a fitness. facility in uP3416 c`onjdncUon a proposed Laundromat on property`located it} the • Approved "Retail and ce Commercial" area of the Cannery Village/McFadden uare Specific Plan Area. The proposed facility will also include movie and television area and a small area for retail sales of athle ' clothing. Lots 2 - 20, ck 127, Lake Tract, and a vacated portion Newport Boulevard, located at 2727 wport Boulevard, comprising the entire bloc unded by 28th Street, Newport Boulevard (sou ound), 26th Street and West Balboa Boulev in the "Retail and Service Commercial" Area the Cannery Village/McFadden Square Spec, Plan Area. -17- jai, LEE RILEY Government Relations Development Consultant January 22, 1992 Mr. William Ward Planning Department City of Newport Beach Newport Beach, cA 92663 Re. Amendment to Use Permit 1711 (Amended) Warehouse Restaurant. Dear Bill, The purpose of this letter is to explain the request for the Amendment Application being submitted for the above referenced permit for the Warehouse Restaurant, 3450 Via Oporto. The Warehouse is requesting permisson to allow billiards in areas which are currently used for dining/banquets and cocktail lounge. It is proposed that the downstairs banquet room be converted from a -dining area to a space for five (5) billiards tables. Currently there are 72 dining seats in this area. It is proposed that 21 seats at hightop tables be permitted in this new billiards area. Upstairs, it is proposed that seven (7),.billiards tables be permitted with one of the seven tables being located in the overflow room near the top of the stairway. I feel, that this proposal results in a de -intensification of use in the facility and since parking was not determined to be an issue last year when we amended the Use Permit to allow dancing it should not be an issue at -this time. If you have questions or need for additional information please feel free to call. Thank you for your attention to this request. Sincerely ee Rile , 125 Avenida Valencia • San Clemente. California 92872 • (714) 492-367B 9 1- r � n Planning Commiao.on Meeting May 9. 1991 Agenda Item No. 5 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 1711 (Amended)M blic Hearing) Request to amend a previously approved use permit which permitted the expansion of an existing restaurant now known as the Warehouse Restaurant. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to permit dancing and live entertainment on the second floor between the hours of 10:30 p.m. and 1:30 a.m. nightly. LOCATION: Parcel 1 of Parcel Map 63-11(Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue, in Lido Marina Village. ZONE: C-1-H APPLICANT: Warehouse Restaurant, Newport Beach OWNER: June Johnson, Newport Beach Application This application involves a request to amend a previously approved use permit which permitted the expansion of an existing restaurant now known as the Warehouse Restaurant on property located in the C-1-H District. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to permit dancing and live entertainment on the second floor between the hours of 10:30 p.m. and 1:30 a.m. nightly. In accordance with Section 20.72.010 E, changes in the operational characteristics of an existing restaurant requires 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: Pla, ling Commission-2. Conformance with the General Plan and Local Coastal Program, Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational and Marine Commercial" uses. The subject restaurant is a permitted use within this designation. In accordance with the provisions of the California Coastal Act, the subject application also requires the approval of the Coastal Commission. Subject Property and Surrounding Land Uses The subject property is currently the site of the existing Warehouse Restaurant. To the north and northeast, is Newport Bay; to the south, is a small restaurant and retail shops; to the southwest, across Via Oporto, is the Magic Island Restaurant and the Lido Marina Village parking structure; and to the northwest, is the Elk's Club. At its meeting of February 7, 1974, the Planning Commission approved Use Permit No. 1711 which permitted the expansion of an existing restaurant previously known as Berkshire's Restaurant. Said approval also included a waiver of a portion of the required off-street parking spaces (daytime parking) and the approval of an off -site parking agreement for 134 restaurant parking spaces in the Lido Village parking structure. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of Planning Commission minutes 'dated February 7,1974. It should be noted that Condition No. 2 of said approval limited the occupancy of the restaurant to 277 persons prior to 6:00 p.m. and 400 persons after 6:00 p.m. It should also be noted that the previous Berkshire's Restaurant included live entertainment and dancing which was extended to the Warehouse Restaurant as part of the approval of Use Permit No. 1711. However, the dancing and live entertainment was subsequently discontinued. At its meeting of August 26, 1974, the City Council approved an 6ff-site parking agreement for the subject restaurant which provided 175 restaurant parking spaces within the Lido Marina Village parking structure. At its meeting of August 29, 1974, the Planning Commission considered a request from staff to interpret the conditions of approval of Use Permit No. 1711 as they relate to the permitted occupant load of the subject restaurant. Said request was based on staffs misunderstanding that the limit of 400 persons after 6:00 p.m. was an occupant load limit rather than a limit on the number of seats. As indicated in the attached excerpt of the August 29, 1974 Planning Commission minutes, the Uniform Building Code would allow a maximum occupancy of 524 people in the restaurant and it was the applicant's intent to operate the restaurant at that maximum occupancy. Staff explained to the Commission that the parking demand of the restaurant is a function of the total number of restaurant patrons on the site and that if the Commission wished to allow a maximum occupancy of 524 persons, the parking requirement would increase from 134 spaces to 175 spaces. As TO: Plamung Commission-3. indicated in the attached minutes, the Planning Commission allowed staff to reinterpret the 11400" figure as being a limit on seating, with an occupancy load of 524 persons, provided that the parking requirement was adjusted to 175 spaces (1 parking space for each 3 occupants). At its meeting of July 17, 1975, the Planning Commission approved Use Permit No. 1711 (Amended) which permitted the addition of live entertainment on the patio dining area between 10:00 a.m. and 10:00 p.m. daily and that the live entertainment shall not include any sound amplification or brass instruments. It should also be noted that the condition limiting the number of seats in the restaurant was changed so as to allow a maximum of 524 seats at night (after 6:00 p.m.) and on weekends. There was no change in the midweek daytime seating of 277 seats before 6:00 p.m. Staff has attached an excerpt of the Planning Commission minutes dated July 17, 1975 for the Planning Commission's information. On March 20,1991, the Police Department sent the attached memorandum to the Licensing Supervisor summarizing the police related activities and problems which had been occurring at the subject restaurant. As a result of the Licensing Division's investigation, the Planning Department became aware that the subject restaurant had introduced dancing on the second floor dining area without obtaining the required City approvals. As a result, staff informed the applicant in writing (letter attached) that an amendment to their use permit was required in order to add dancing to their existing restaurant operation and that said activity must be discontinued until such approval had been obtained. Since their March 20, 1991 memorandum, Police Department and Fire Department representatives have met with the applicant and discussed the various architectural and operational changes they have made in order to deal with the problems mentioned by the Police Department (see attached memorandum from the Police Department dated May 2, 1991). Although the Police Department has indicated their concerns appear to have been adequately addressed, they also state, "We believe the success of these measures will greatly depend on management's control of the operation. We would recommend appropriate restrictions and review of the operation to insure continued compliance and prevent a recurrence of past problems". Should the Planning Commission wish to approve this application, staff has included the standard condition of approval which allows the Planning Commission to call-up the use permit for review if circumstances indicate the need for further review of the operation. Existing Restaurant Operation As instructed, the applicant has discontinued the dancing activity and is now requesting approval of the subject use permit amendment for the purpose of adding dancing and related live entertainment to the second floor of the restaurant. As indicated on the attached floor plans, the restaurant includes: a ground floor interior dining and bar area which contains 105 seats and a "net public area of 2,773± square feet; a ground floor banquet room containing 78 seats and 1,322± square feet of "net public area;" an outdoor dining patio with 124 seats and 2,237± square feet of "net public area"; and a second floor dining and bar area which contains 165 seats and 3,834± square feet of "net public area", including a small banquet/meeting room which is used for general assembly in the evening. Total seating in the restaurant is 472 seats of which only 277 seats may be used before 6:00 TO: Platudng Commission-4. p.m. Monday through Friday. After 6:00 p.m. the total seating may not exceed 524 seats. The total "net public area" of the restaurant is 10,176± square feet. In accordance with Condition No. 4 of the original Use Permit No. 1711, the number of midweek daytime seats was to be controlled by prohibiting the use of the second floor of the restaurant during such time and restricting the number of ground floor seats to 277 as required by Condition No. 2. As reflected in the above seating figures, the ground floor seating, including the patio dining area, includes 307 seats (105 seats + 78 seats + 124 seats = 307 seats). Therefore, the existing daytime seating plan exceeds the allowable number by 30 seats. As indicated in the attached letter from the applicant's representative, the restaurant currently controls the number of daytime seats by closing off either the main dining and bar area or the banquet room, so as to insure that the daytime seating is well below the 277 seats permitted. Such a proposal is somewhat of a departure from the last proved seating plan which showed only 240 seats on the ground floor and patio. Should such a proposal be unacceptable to the Planning Commission, the applicant will be required to remove 30 seats from the ground floor of the restaurant. Analysis As indicated in the attached letter from the applicant's representative, the proposed dancing activity will be conducted on the second floor of the restaurant between the hours of 10:30 p.m. and 1:30 a.m, nightly. The proposed dancing will include a 406 square foot dance floor and the proposed live entertainment will include a five piece dance band with percussion, amplified voice and amplified instruments. As indicated previously, the second floor "net public area" includes 3,834± square feet (including dance floor) and includes seating for 165 people. It should be noted that the maximum allowable occupancy for the second floor public area, as established by the Fire Department is 275 people. Therefore, the applicant desires to have an additional 110 standing occupants on the second floor after 10:30 p.m. when the dancing activity begins 165 seats + 110 standing occupants = 275). Such a request is made on the basis that at 10:30 either the downstairs banquet room or the outdoor patio will be closed for dining purposes, thereby insuring that the total occupancy of the restaurant does not exceed 524 people as currently permitted under the existing Use Permit No. 1711. In order to further explain the existing and proposed seating arrangements for both the daytime and nighttime operation of the restaurant, staff has prepared the following table on the next page, which summarizes the previous discussion. TO: Planning Commission-5. "' Before 6:00 P.m After 6:00 P.M. Monday - Friday Daily "Net Public Existing Allowed Proposed Existing Allowed Proposed Proposed Area• Seats Seats seats Seats seats Seats Seats after 10:30 P.M. Ground Floor 105 _ 105 105 Main Dining/Bar Area 2,773± sq.ft. 105 - 105 Banquet Room 1,322t sq.ft 78 - 78 78 - 78 0 Outdoor Patio 2237± soft !M M im im 1241 TOTAL, 6,332± sq.ft 307 277 307 307 - 307 229 Second Pion r 3,834± sq.ft? 0 0 0 165 - 165 16 stan*v GRAND TOTAL 10,176± sq.ft. 307 2n 3073 472 5214 472 504 Required Off -Street Parking As previously discussed in the Background Section, the existing restaurant is required to provide 175 nighttime parking spaces in the Lido Marina Village parking structure as established in conjunction with the approval of Use Permit No. 1711. Said requirement is based on the old restaurant parking standard of one parking space for each 3 seats or occupants. If the restaurant were established today, the parking requirement would be based on one parking space for each 40 square feet of "net public area" or 236 spaces (10,176± sq.ft.: 40 = 254.4 of 255 spaces). The parking requirement could vary from 204 spaces (one parking space for each 50 sq.ft. of "net public area") to 339 spaces (one parking space for each 30 sq.ft. of "net public area"). Therefore, the existing restaurant as currently approved is nonconforming relative to the current off-street parking standards. Although the nonconforming parking condition may appear to be significant, it should be noted that the proposed dancing and live entertainment will not be conducted until after 10:30 p.m. .when the dinner operation of the restaurant is substantially reduced. It is also noted that the proposed seating and occupancy of the restaurant as proposed with the dancing and live entertainment will remain within the previously allowed seating and occupancy of 524 people. 1 During inclement weather the patio will be closed and the banquet room will be open. 2Includes 406± sq.ft. dance floor. 3Applicant will close off either the main dining/bar area or the banquet room so as to reduce this number below 277 seats; unless otherwise noted, number of allowed seats also means allowed occupancy. 4A maximum of 524 seats are permitted for the entire restaurant provided further that each individual public area does not exceed allowable Fire Department occupancies. TO: Pladrung Commission-6. Restaurant Development Stan ards Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that the on -site development standards as they apply to walls surrounding the restaurant use, landscaping and setbacks should be waived if the Planning Commission approves this application because of the existing developed nature of the restaurant and the physical characteristics of property. Specific Findings and Recommendations Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve this application appropriate findings and conditions of approval are set forth in the attached Exhibit "A". However, if the Planning Commission desires to deny this application, the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of the Planning Commission minutes dated February 7, 1974 Excerpt of the Planning Commission minutes dated August 29, 1974 Excerpt of the Planning Commission minutes dated July 17, 1975 TO: Planning Commission-7. •-• Letter from applicant's representative Police Department Memorandum dated May 2, 1991 with attached memorandum dated March 20, 1991 Code Enforcement letter dated March 22, 1991 Floor Plans Huarw\uP\uPinuA TO: Planning Commission-8. E) I� lT "A" FINDINGS AND CONDMONS OF APPROVAL FOR USE PERMIT NO. 1711 (AMENDED) FINDINGS: 1. That the proposed restaurant with the addition of dancing and related live entertainment is consistent with the General Plan and the Local Coastal Program and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the proposed intensity of use in conjunction with the addition of dancing and related live entertainment will be within the existing limits established in conjunction with the previously approved Use Permit No. 1711. 4. That the waiver of development standards as they pertain to walls, landscaping and building setbacks will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 5. • That the approval of Use Permit No. 1711(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. CONDMONS: 1. That the proposed development shall be in substantial conformance with the approved floor plans. 2. The proposed dancing and related live entertainment shall be limited to the hours between 10:30 p.m. to 1:30 a.m. nightly. 3. That after 10:30 p.m., when the dancing activity begins, maximum allowable occupancy of the second floor of the restaurant shall be 275 people provided further that the downstairs seating does not exceed 249 seats. 4. That all music and live entertainment shall be confined to the interior of the building and all windows and doors of the restaurant and lounge shall remain closed during such activities. 5. That a Cafe Dance permit shall be approved by the City. TO: Planning Commission-9. 6. Dancing and related live entertainment shall be limited to the second floor of the restaurant. 7. That restaurant development standards pertaining to walls, landscaping and building setbacks shall be waived. 8. That the applicant shall obtain Coastal Commission approval of this application prior to initiating the proposed dancing and live entertainment. 9. 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. 10. 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: Plari..,ng Commission-10. EXHIBIT 'B" FINDINGS FOR DENIAL USE PERMIT NO. 1711 (AMENDED) FINDINGS: i. That the addition of dancing and related live entertainment to the restaurant use will result in an intensification of use of the property and generate an increase in traffic and parking demand in the area. 2. That the existing restaurant is seriously nonconforming with regard to required off- street parking. 3. That the establishment, maintenance or operation of the use of building applied• for will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or 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. - mmmwlq- 4c __ . COMMISSIONERS , R MINUTES CITY OF NEWPORT BEACH May 6, 1993 INDEX ROLL CALL 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. s s s Use Permit No 1711 (Amended) (Public Hearing) Item No.I Request to amend a previously approved use permit that permitted the expansion of an existing restaurant now known as the Warehouse Restaurant which included on -sale alcoholic beverages, dancing, live entertainment and billiards on property located in the RSC-H District. The proposal involves a request to change the operational characteristics of the restaurant so as to allow the establishment of a second dancing and live entertainment area within the restaurant which will be located within the existing ground floor banquet area of the restaurant. Said area will be used for dancing and live entertainment from 10:30 p.m. to 1:30 UP1711A Approve a.m. daily. LOCATION: Parcel 1 of Parcel Map 63-11 (Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue, in Lido Marina Village. ZONE: RSC-H APPLICANT: The Warehouse Restaurant, San Clemente OWNER: Lido Marina Village, Newport Beach The public hearing was opened in connection with this item, and Mr. Lee Riley appeared before the Planning Commission on behalf of the applicant. Mr. Riley concurred with the findings and conditions in Exhibit "A". -61- CObnWSSIONERS O AO� O CITY OF NEWPORT BEACH MINUTES May 6, 1993 INDEX ML CALL There being no others desiring to appear and be heard, the public hearing was closed at this time. * Motion was made to approve Use Permit No. 1711 (Amended) %yes subject to the findings and conditions in Exhibit'W'. In response to a question posed by Commissioner Ridgeway, William Laycock, Current Planning Manager, replied that it was staffs opinion that the subject request would not be an intensification of use. lkl- cioMMISSIONERS MINUTES p- O't Lo s�,d�rS Y�c"' i`�fot�d %00 CITY OF NEWPORT BEACH May 6, 1993 ROLL CALL INDEX and improvements in the neighborhood or the general welfare of the City. Conditions: 1. That the proposed project shall be in substantial conformance with the approved site plan and floor plans. 2. That all previously applicable conditions of approval of Use Permit No. 1711, and Use Permit No. 1711 (Amended) as approved by the Planning Commission on July 17, 1975, May 9, 1991 and February 20, 1992, shall be maintained. 3. That the sound from the ground floor live entertainment shall be confined to the interior of the structure; and further that all windows and doors within the restaurant shall be closed when said activity is conducted on the site. 4. The maximum permitted occupancy for specific portions within the restaurant shall be established in accordance with the requirements of the Uniform Building Code and Fire Code. 5. That the applicant shall obtain a new occupancy permit for the ground floor dancing and live entertainment area as well as for the second floor bar, dancing and live entertainment and pool table uses. 6 That the dancing and related live entertainment on both the first and second floor shall be limited to the hours between 10:30 p.m. and 1:30 a.m. daily. 7. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the proposed operation. 8. That the applicant shall obtain Coastal Commission approval of this application. -63- COMMISSIONERS OAO �'�LOl�n�dlL�,�pS cL' ��'QO�LL�'f''i09`POS'O n.• rca CITY OF NEWPORT BEACH min V I Z13 May 6, 1993 INDEX ROLL CALL 9. That restaurant development standards pertaining to walls, landscaping, and building setbacks shall be waived. 10. 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. 11. That this use permit shall expirelf not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Item No.! Permit No. 3120 Amended Public Hearin Reques to amend a previously approved use permit which permitted a reconstruction and expansion of the Balboa Fun Zone, locate property in the RSC-R District. The proposed amendment invo s a request to expand a previously approved proposal to establish additional arcade use within the Fun Zone project. LOCATION: Parcel of Parcel Map 208/4-6 (Resubdivisi No. 724), located at 600 Edgewater Pla on property bounded by Edgewater Place, ashington Street, East Bay Avenue, and Pa Street, in Central Balboa. ZONE: RSC-R APPLICANT: Commercial Center Management, Inc., to Ana -64- UP3120A Approved `, %ebruary 20, 1992 MINUTES COMMISSIONERS OLL CALL CITY OF NEWPORT BEACH lNOEX to the issuance of building permits, the applicant shall a the City Council's approval of this off -site parking W, as required by Section 20.30.035 D of the 3. Prior to the iss ce of building permits the applicant shall obtain Coastal sion approval of the proposed addition to the existin office building. i4. That all improvements be onstructed as required by Ordinance and the Public Wor epartment. That the on -site parking, vehicu circulation and pedestrian circulation systems be subject further review by the Traffic Engineer. That the driveway between the existing, parking lot d the off -site parking lot be a minimum of 24' wide and be p d with asphalt over aggregate base per City standards. quest to amend a previously approved use permit that permitted expansion of an existing restaurant- now known as the firehouse Restaurant which included on -sale alcoholic beverages, icing and live entertainment in the C-1-H District. The proposal ludes a request to add 12 billiard tables to the existing taurant facility which will be located within the existing "net blic area" of the restaurant. The proposal also includes a request allow the second floor of the restaurant to be used for billiards ring the day, whereas the existing use permit prohibits the use of second floor during the day, Monday through Friday. A 9 nth review of the existing restaurant operation is also included, required by the Planning Commission. 10 Item No.3 AFPYOyed _kbruary 20,1992 MINUTES COMMISSIONERS LOLL CALL CITY OF NEWPORT BEACH ZONE: OWNER: Parcel 1 of parcel Map 63-11 (Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue, in Lido Marina Village. C-1-H Warehouse Restaurant, Newport Beach Lido Marina Village, Newport Beach ies Hewicker, Planning Director, addressed the memorandum n the Police Department dated February 17, 1992, and a letter n an adjoining property owner east of the subject property. public hearing was opened in connection with this item, and Lee Riley appeared before the Planning Commission on behalf the applicant. Mr. Riley concurred with the findings and editions in Exhibit "A". Mr. Riley stated that the applicant hdrew the request to allow the second floor of the restaurant to used for billiards during the day after discussion with staff carding the parldng in the area. He further stated that the guest is consistent with the dialogue that occurred with the staff en the applicant requested dancing and live entertainment at the ay 9,1991, Planning Commission meeting. r. Riley stated that the request is based on the current economy, changing nature of the restaurant business, and the desire of a public to go to an up -scale operation to play billiards. The staurant would not change the existing operational characteristics th the exception of adding the billiard tables. Mr. Riley [dressed the successful operation of the Classic Q Restaurant. ie Warehouse Restaurant in Mission Viejo recently converted to successful operation similar to the subject proposal. Mr. Riley plained that good management practices changed the restaurant !amatically since the May, 9,1991, Planning Commission meeting. 0 INDEX 4. -� .0'ebruary 20, 1992 MINUTES COMMISSIONERS ROLL CALL Motion Ayes Absent CITY OF NEWPORT BEACH INDEX Chairman Di Sano stated that Condition No. 5, Exhibit "A" , allows the Planning Commission to recall the use permit so as to add or modify conditions of approval if it is determined that the operation is detrimental to the community. Mr. Riley concurred with the In response to questions posed by Commissioner Edwards, Mr. Riley stated that the restaurant is operating under the same owner/ management as it did in May, 1991. He further replied that the restaurant is not for sale. umissioner Glover addressed the Police Department's ementioned memorandum indicating that the restaurant is rating under good management. In response to a question ;d by Commissioner Glover regarding the strength of the ject conditions applied to the use permit, Mr. Hewicker replied the applicant has been very responsive to requests that the ice Department has made concerning the restaurant. nmissioner Glover expressed her support of the application on basis of the information contained in the Police Department's ,eoine memorandum and the emphasis on good management. being no others desiring to appear and be heard, the public e was closed at this time. was made and voted on to approve Use Permit No. 1711 led) subject to the findings and conditions in Exhibit "X. _.W.1" That the proposed restaurant with the addition of the billiard tables is consistent with the General Plan and the Local Coastal Program, and is compatible with surrounding land uses. That the project will not have any significant environmental impact. -10- _�bruary�20,!1992'- MI,MUTEg; C OWMIS'S10NERS )LL CALL CITY OF NEWPORT BEACH That the proposed intensity of use in conjunction with the addition of billiard tables will be within the existing limits established in conjunction with the previously approved Use Permit No.1711. That the approval of Use Permit No. 1711 (Amended) will not, under the circumstances of this case, be detrimentalgeneral to the health, safety, peace, morals, comfort and 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. 1, That the proposed development shall be in substantial conformance with the approved floor plans. 2. That all previously applicable conditions of approval of Use Permit No. 1711, and Use Permit No. 1711 (Amended) as approved by the Planning Commission on July 17,1975 and May 9,1991, shall be maintained. area on the 3 sec floorf the restaurantall not beat the billiard tables and the barcocmused before 6:00 p.m. Monday through Friday. 4, That the applicant shall obtain Coastal tCommission approval of this application prior to installing billiard tables. 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. -11- INDEX ,COMMISSIONERS 'ebmary 20, 1992 MINUTES LOLL CALL Motion Ayes Absent CITY OF NEWPORT BEACH 6. 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. Req st to permit the establishment of a new location for the existin 'di's Restaurant on property located in the C-1 District. The prop ed restaurant will include an outdoor waiting area with seats. The oposal also includes a request to waive a portion of the required o -street parking spaces. The establishment of the restaurant also re esents a conversion of the existing building from a Base FAR use t Reduced FAR use which also requires the �aouroval of a use pe it. Lot , lock 8, Balboa Tract, located at 605 East B oa Boulevard, on the southerly side of East boa Boulevard, between Palm Street and ashington Street, in Central Balboa. C-1 APPLICANT: Geoffrey E. Landon, B a OWNER: Kover Family Trust, Balboa ames Hewicker, Planning Director, stated that the ap icmu equested that Use Permit No. 3437 be removed from * Motion was made and voted on to remove Use Permit No. from calendar. MOTION CARRIED. sss -12- has INDEX Item No.4 UP3437 Removed from Calendar 0 May 9, 1991 MINUTES COM-MISSIONERS 116 '�o�� V� V� CITY OF NEWPORT BEACH INDEX ROLL CALL 4. That overhead utilities serving the site be underground o the nearest appropriate pole in accordance wi ection 19.24.140 of the Municipal Code. are,,, 5. That all mechanical equipment and ash areas shall be screened from public streets and joining properties. 6. That the applicant s obtain Coastal Commission approval of this appl' lion prior to the issuance of building permits. 7. That Site Plan Review shall expire unless exercised wit ' 24 months from the date of approval as in ection 20.01.070 K of the Newport Beach Municipal Code. Ilse Permit No 1711 (Amended)(Public Hearing) item No.5 Request to amend a previously approved use permit which UP1711A permitted the expansion of an existing restaurant now known as the Approvea Warehouse Restaurant. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to permit dancing and live entertainment on the second floor between the hours of 10:30 p.m. and 1:30 am. nightly. LOCATION: Parcel 1 of Parcel Map 63-11 (Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue, in Lido Marina Village. ZONE: C-1-11 APPLICANT: Warehouse Restaurant, Newport Beach OWNER: June Johnson, Newport Beach The public hearing was opened in connection with this item and Mr. Lee Riley appeared before the Planning Commission on behalf of the property owner. Mr. Riley explained that because, historically, dancing had been an on -going activity at the site even before the time of the present ownership, it had been assumed that -13- 0-7 omMISSIONERS 1/ C.O.A. ✓� .(.�..tA�.7 \O.\ ROLL CALL M I:J CITY OF NEWPORT BEACH May 9, 1991 INUTES dancing was a permitted activity under the existing permit. When it became known that an amendment to the use permit was required to permit dancing and live entertainment on the second floor, the activity was immediately suspended and the owners applied for the required amendment. Mr. Riley stated that the owners were also unaware of the problems the Police Department were encountering at the establishment. Upon learning of these Problems, representatives of the restaurant met with members of the Police and Fire Departments and discussed operational changes that could be employed to prevent the recurrence of similar problems. Subsequent to the meetings, Mr. Riley said many changes had been put into effect to afford greater security and to ensure compliance with provisions of the use permit. He. further commented that personnel from the Alcohol and Beverage Control Board had been invited to present an informative seminar which was mandatory for the restaurant employees to attend. Mr. Riley concurred with the findings and conditions in Exhibit "A." Commissioner Edwards questioned if Mr. Riley would agree to a condition that would require a use permit review every six months. In response, Mr. Riley stated that it would depend if the six month review were to be on -going or just to be invoked one or two times. He continued that he would also want to know what kind of fee structure would be imposed on such a mandatory review. Mr. Riley commented he was not aware of any use permit being subjected to such a condition, but if within reason, he would agree. Commissioner Pers6n stated that before the Planning Commission had imposed Condition No. 9 which authorizes it, among other possible actions, the ability to review a use permit, a periodic review had been a more prevalent practice. Assistant City Attorney Robin Flory stated that in addition to the amended use permit, the applicant is required to obtain a Cafe Dance Permit from the Business License Division which also contains provisions for revocation for dancing. Mr. Riley explained that part of the reasoning for closing off different areas of the operation during daytime and nighttime hours was to afford a simple method for code enforcement personnel to observe that terms of the use permit and occupancy permits were being met. being no others desiring to appear and be heard, the public E was closed at this time. -14- INDEX L- . COMMISSIONERS_ O �1� d�Y cnA CP C May 9, 1991 • MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Motion * Motion was made to approve Use Permit No. 1711 (Amended) subject to the findings and conditions in Exhibit "A." Discussion ensued. Commissioner Edwards, stating his opinion that the applicant responded only to pressure, reiterated his aforementioned suggestion that the use permit application be required to come back to the Planning Commission for review in six months, at least once. In answer to Chairman Debay's inquiry as to the cost of a review, Director Hewicker said that if the review is required by the City, there are in-house costs, but no cost to the applicant for the review. Commissioner Di Sano stated he felt that Condition No. 9, together with the provisions of the Cafe Dance Permit would be adequate for control in light of the fact that the problems associated with the operation have been identified and that the operation will be scrutinized for compliance with City permits. Commissioner Edwards referred to the Police Department memo dated March 20 and the statement "... without any significant changes in the business operation, we would anticipate that these problems will continue to occur at unacceptable levels." Motion to * An amendment to the original motion was made to include an Amend additional Condition No. 11 requiring an automatic Planning Commission review after a nine month period. Commissioner Glover stated she would not be supporting the amendment as she Ayes * * * * felt it was too onerous to the applicant. Motion voted on, Noes * * * MOTION CARRIED. original Original motion for approval of Use Permit No. 1711 (Amended) Motion with the additional Condition No.11 was now voted on. MOTION All Ayes CARRIED. FINDINGS: 1. That the proposed restaurant with the addition of dancing and related live entertainment is consistent with the General Plan and the Local Coastal Program and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the proposed intensity of use in conjunction with the addition of dancing and related live entertainment will be -15- SSIONERS LQ CITY OF NEWPORT BEACH May 9, 1991 MINUTES CALL INDEX withirL the existing limits established in conjunction with the previously approved Use Permit No. 1711. 4. That the waiver of development standards as they pertain to walls, landscaping and building setbacks will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 5. That the approval of Use Permit No. 1711(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 the proposed development shall be in substantial conformance with the approved floor plans. 2. The proposed dancing and related live entertainment shall be limited to the hours between 10:30 p.m. to 1:30 a.m. nightly. 3. That after 10:30 p.m., when the dancing activity begins, maximum allowable occupancy of the second floor of the restaurant shall be 275 people provided further that the downstairs seating does not exceed 249 seats. 4. That all music and live entertainment shall be confined to the interior of the building and all windows and doors of the restaurant and lounge shall remain closed during such activities. 5. That a Cafe Dance permit shall be approved by the City. 6. Dancing and related live entertainment shall be limited to the second floor of the restaurant. 7. That restaurant development standards pertaining to walls, landscaping and building setbacks shall be waived. -16- iSSIONERS so`o, os ® May 9, 1991MINUTES CITY OF NEWPORT. BEACH INDEX CALL 8. That the applicant shall obtain Coastal Commission approval of this application prior to initiating the proposed dancing and live entertainment. 9. 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. 10. 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. 11. That Use Permit No. 1711(Amended) shall be reviewed by the Planning Commission in 9 months. Vse Permit No. 3416(Public Head Lnd item No.6 Request permit the establishment of a fitness facility in UP3416 conjunction ' h a proposed Laundromat on property located in the Approved "Retail and ce Commercial" area of the Cannery Village/McFadden uare Specific Plan Area. The proposed facility will also include movie and television area and a small area for retail sales of athle ' clothing. LOCATION: Lots 2 - 20, ck 127, Lake Tract, and a vacated portion Newport Boulevard, located at 2727 wport Boulevard, comprising the entire bloc ounded by 28th Street, Newport Boulevard (sou ound), 26th Street and West Balboa Bouleva in the m "Retail and Service Comercial" Area the Cannery Village/McFadden Square Sped Plan Area. -17- {. COMMISSIONERS CITY OF NEWPORT r-ACH r a',,, S - 'OP. m 1z m � DLL CALL July 17, 1975 MINUTES INDEX that she did not feel that is going to help Newport Shores. She stated that they are happy with things the way they are and repeated that if the map isn't changed, there will be.a.lawsuit. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the desirability continuing this item to a later date to al w adequate time for staff to communicate with he Hunts and Mr. Pembroke; consider the effect far as the Specific Area Plan is concerne take into consideration any location for additi0 1 parking; talk with the fire Department an et a report as to whether they can satisfa orily service David Drive from a fire -fight i point of view; consider the possibility of t Winthe duplexes around giz to make' a fuller u.tilion of the surface streets, to give an oppoffIuinity for some of the people they have not eard from on the east of Highland who are a ected by this to appear and to receive an indicat' n as to how this property fits into the Specific Ar Plan. otion X Motion to continue this matter to Augus 7, 1975. otion X Amended motion was made to reopen the publi 11 Ayes hearing and continue it to a public hearing on August 7, 1975. Planning Commission recessed at 9:00 p.m. and reconvened at 9:25 p.m. ITEM #5 Request to amend a previously approved use permit for the Warehouse Restaurant so as to USE PER - MIT #1711 permit dining and special events including live entertainment in the open patio area adjacent to the restaurant. APPROVED CONDI- Location: Parcel 1'-�of Parcel Map 63-11 (Resub- TIONALLY division No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue in Lido Village. Zone: C-1-H Applicant: Donald M. Koll, Newport Beach -10- '- COMMISSIONERS CITY OF NEWPORT(�ACH m m m < v MINUTES Nil m July 17, 1975 INDEX Owner: June Johnson and Calvin Rohrs, Newport Beach Public hearing was opened in connection with this item and Tim Strader appeared before the Planning Commission on behalf of Don Koll and concurred with the staff report. There being no others desiring to appear and be heard, the public hearing was closed. )tion X Motion was made that the Planning Commission 11 Ayes make the following findings: 1. That the proposed development is compatible with the Land Use Element of the General Plan. 2. That the introduction of live entertainment on the patio will not be detrimental to any surrounding land uses so long as the proposed use is limited to the hours of 10:00 a.m. and 10:00 p.m., daily, and that no sound amplification or brass instruments shall be permitted at any time. 3. That there is adequate parking in the Lido Village parking structure for the proposed expansion of the dining area onto the open patio adjacent to the restaurant. 4. The approval of Use Permit No. 1711 (Amended) 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 neighbor- hood or the general welfare of the City. and approve Use Permit No. 1711 (amended) subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan. 2. That the number of seats in the restaurant and on the deck or patio shall not exceed 277 seats during the lunch hour on week days nor more than 524 seats at night or on weekends. 3. That the live entertainment on the patio -11- COMMISSIONERS CITY OF NEWPORT:,tACH sGl m � m m a m y MINUTES m reii m July 17, 1975 INDEX shall be limited to the hours of 10:00 a.m. and 10:00 p.m. daily, and that no sound amplification or brass instruments shall be permitted at any time. ITEM #6 Request to permit live entertainment in USE PER - conjunction with a private club on the third floor of the five story Koll Building in Lido Village. MIT # 1758 Location: Parcel 1 of Parcel Map 60-43 CONT. TO AUG. 7, (ReSUbdiViSi0n No. 433) located at 3390 Via Lido, on the northeasterly side of Via Lido, southeasterly of 1975 Via Oporto, in Lido Village. Z e: C-1-H A 1 ant: Tiffany's Astrological Club, Inc. of Newport Beach, Newport Beach Owner: Don Koll Co., Newport Beach Rion X Motion was m e to continue this item to I1 Ayes August 7, 1975. ITEM #7 Request to amend por 'ons of Districting Maps Nos. 18, 19 and 20, an amend Section 20.12.060(c) of the Municipal Code, s a to establish an increase in rear yard set cks on properties adjacent to Buck Gully.\dh AMEND - MENT #446 DENIED Initiated by: The City of t Beach Assistant City Attorney Cof'sed that it is the opinion of the City ey office that the ordinance as propoth t e maximumbuilding setback can sustainstit ionalchallenge based upon misappon of p licepower or inverse condemnatiCommunity Development Direcgan advisedthat he met with the homeowgroups who ownthe homes along the east siBuck Gullysouth of Coast Highway. Hed that in attendance at that meeting were a homeowner from the area on the northeast side of Buck Gully representing that homeowners' association, and one homeowner from the west side of Buck -12- STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN Cvro=r CALIFORNIA COASTAL COMMISSION y �. SOUTH COAST AREA n a. 248 WEST BROADWAY, SUITE 380 EXEMPTION LETTER LONG BEACH, CA 90802 (2131 SM5071 DATE: �) U/-yl e, al, 11717 / NAME: THe. Waye_(icuSe gec wc-t ra'y — LOCATION: 34SS0 VLa 0�oy+ D' NeW �0y-t (S�C ' PROJECT: C'S � I ( $ � G �vI C 1 a � �d : � 0 Y).0 G%aw�g 2 1 h ( < (cC S�v GX 2r�. This is to certify that this location and/or proposed project has been reviewed by the staff of the Coastal Commission. A coastal development permit is not necessary for the reasons checked below. _ The site is not located within the coastal zone as established by the California Coastal Act of 1976, as amended. _ The proposed development -is included in Categorical Exclusion No. adopted by the California Coastal Commission. the proposed development is judged to be repair or maintenance activity not resulting in an addition to or enlargement or expansion of the object of such activities (Section 30610(d) of Coastal Act). _ The proposed development is an improvement to an existing single family residence (Section 30610(c) of the Coastal Act) and not located in the area between the sea and the first public road or within 300 feet of the inland extent of any beach (whichever is greater) (Section 13250(b)(4) of 14 Cal. Admin. Code. _ The proposed development is an improvement to an existing single family residence and is located in the area between the sea and the first public road or within 300 feet of the inland extent of any beach (whichever is greater) but is not a) an increase of 10% or more of internal floor area, b) an increase in height over 10%, or c) a significant non-attached structure (Sections 30610(a) of Coastal Act and Section 13250(b)(4) of Administrative Regulations). The proposed development is an interior modification to an existing use with no change in the density or intensity of use (Section 30106 of Coastal Act). (OVER) E7: 4/88 Page 2 The proposed development involves the installation, testing and placement in service of a necessary utility connection between an existing service facility and development approved in accordance with coastal development permit requirements, pursuant to Coastal Act Section 30610(f). _ The proposed development is an improvement to a structure other than a single family residence or public works facility and is not subject to permit requirement (Section 13253 of Administrative Regulations). . _ The proposed development is the rebuilding of a structure, other than a public works facility, destroyed by natural disaster. The replacement conforms to all of the requirements of Coastal Act Section 30610(g). Other: Please be advised that only the project described above is exempt from the permit requirements of the Coastal Act. Any change in the project may cause it to lose its exempt status. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a coastal development permit is obtained. Truly yours, Planning Commission Meeting May 9. 1991 Agenda Item No. 5 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 1711 (Amended)(Public Hearing) Request to amend a previously approved use permit which permitted the expansion of an existing restaurant now known as the Warehouse Restaurant. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to permit dancing and live entertainment on the second floor between the hours of 10:30 p.m. and 1:30 a.m. nightly. LOCATION: Parcel 1 of Parcel Map 63-11(Resubdivision No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue, in Lido Marina Village. ZONE: C-1-11 APPLICANT: Warehouse Restaurant, Newport Beach OWNER: June Johnson, Newport Beach Application This application involves a request to amend a previously approved use permit which permitted'the expansion,of an existing restaurant now known as the Warehouse Restaurant on property located in the C-1-H District. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to permit dancing and live entertainment on the second floor between the hours of 10:30 p.m. and 1:30 a.m. nightly. In accordance with Section 20.72.010 E, changes in the operational characteristics of an existing restaurant requires 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. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational and Marine Commercial" uses. The subject restaurant is a permitted use within this designation. In accordance with the provisions of the California Coastal Act, the subject application also requires the approval of the Coastal Commission. The subject property is currently the site of the existing Warehouse Restaurant. To the north and northeast, is Newport Bay; to the south, is a small restaurant and retail shops; to the southwest, across Via Oporto, is the Magic Island Restaurant and the Lido Marina Village parking structure; and to the northwest, is the Elk's Club. Backaround At its meeting of February 7,19740 the Planning Commission approved Use Permit No.1711 which permitted the expansion of an existing restaurant previously known as Berkshire's Restaurant. Said approval also included a waiver of a portion of the required off-street parking spaces (daytime parking) and the approval of an off -site parking agreement for 134 restaurant parking spaces in the Lido Village parking structure. The action of the Planning Commission was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of Planning Commission minutes'dated February 7,1974. It should be noted that Condition No. 2 of said approval limited the occupancy of the restaurant to 277 persons prior to 6:00 p.m. and 400 persons after 6:00 p.m. It should also be noted that the previous Berkshire's Restaurant included live entertainment and dancing which was extended to the Warehouse Restaurant as part of the approval of Use Permit No. 1711. However, the dancing and live entertainment was subsequently discontinued. At its meeting of August 26,1974, the City Council approved an off -site parking agreement for the subject restaurant which provided 175 restaurant parking spaces within the Lido Marina Village parking structure. At its meeting of August 2911974, the Planning Commission considered a request from staff to interpret the conditions of approval of Use Permit No. 1711 as they relate to the permitted occupant load of the subject restaurant. Said request was based on staffs misunderstanding that the limit of 400 persons after 6:00 p.m. was an occupant load limit rather than a limit on the number of seats. As indicated in the attached excerpt of the August 29, 1974 Planning Commission minutes, the Uniform Building Code would allow a maximum occupancy of 524 people in the restaurant and it was the applicant's intent to operate the restaurant at that maximum occupancy. Staff explained to the Commission that the parking demand of the restaurant is a function of the total number of restaurant patrons on the site and that if the Commission wished to allow a maximum occupancy of 524 persons, the parking requirement would increase from 134 spaces to 175 spaces. As TO: Planning Commission-3. indicated in the attached minutes, the Planning Commission allowed staff to reinterpret the "400" figure as being a limit on seating, with an occupancy load of 524 persons, provided that the parking requirement was adjusted to 175 spaces (1 parking space for each 3 occupants). At its meeting of July 17, 1975, the Planning Commission approved Use Permit No. 1711 (Amended) which permitted the addition of live entertainment on the patio dining area between 10:00 a.m. and '10:00 p.m. daily and that the live entertainment shall not include any sound amplification or brass instruments. It should also be noted that the condition limiting the number of seats in the restaurant was changed so as to allow a maximum of 524 seats at night (after 6:00 p.m.) and on weekends. There was no change in the midweek daytime seating of 277 seats before 6:00 p.m. Staff has attached an excerpt of the Planning Commission minutes dated July 17, 1975 for the Planning Commission's information. On March 20,1991, the Police Department sent the attached memorandum to the Licensing Supervisor summarizing the police related activities and problems which had been occurring at the subject restaurant. As a result of the Licensing Division's investigation, the Planning Department became aware that the subject restaurant had introduced dancing on the second floor dining area without obtaining the required City approvals. As a result, staff informed the applicant in writing (letter attached) that an amendment to their use permit was required in order to add dancing to their existing restaurant operation and that said activity must be discontinued until such approval had been obtained. Since their March 20, 1991 memorandum, Police Department and Fire Department representatives have met with the applicant and discussed the various architectural and operational changes they have made in order to deal with the problems mentioned by the Police Department (see attached memorandum from the Police Department dated May 2, 1991). Although the Police Department has indicated their concerns appear to have been adequately addressed, they also state, "We believe the success of these measures will greatly depend on management's control of the operation. We would recommend appropriate restrictions and review of the operation to insure continued compliance and prevent a recurrence of past problems". Should the Planning Commission wish to approve this application, staff has included the standard condition of approval which allows the Planning Commission to call-up the use permit for review if circumstances indicate the need for further review of the operation. Existing Restaurant Operation As instructed, the applicant has discontinued the dancing activity and is now requesting approval of the subject use permit amendment for the purpose of adding dancing and related live entertainment to the second floor of the restaurant. As indicated on the attached floor plans, the restaurant includes: a ground floor interior dining and bar area which contains 105 seats and a "net public area of 2,773± square feet; a ground floor banquet room containing 78 seats and 1,322± square feet of "net public area;" an outdoor dining patio with 124 seats and 2,237± square feet of "net public area'; and a second floor dining and bar area which contains 165 seats and 3,834± square feet of "net public area", including a small banquet/meeting room which is used for general assembly in the evening. Total seating in the restaurant is 472 seats of which only 277 seats may be used before 6:00 TO: Planning Commission4. p.m. Monday through Friday. After 6:00 p.m. the total seating may not exceed 524 seats. The total "net public area" of the restaurant is 10,176± square feet. In accordance with Condition No. 4 of the original Use Permit No. 1711, the number of midweek daytime seats was to be controlled by prohibiting the use of the second floor of the restaurant during such time and restricting the number of ground floor seats to 277 as required by Condition No. 2. As reflected in the above seating figures, the ground floor seating, including the patio dining area, includes 307 seats (105 seats + 78 seats + 124 seats = 307 seats). Therefore, the existing daytime seating plan exceeds the allowable number by 30 seats. As indicated in the attached letter from the applicant's representative, the restaurant currently controls the number of daytime seats by closing off either the main dining and bar area or the banquet room, so as to insure that the daytime seating is well below the 277 seats permitted. Such a proposal is somewhat of a departure from the last proved seating plan which showed only 240 seats on the ground floor and patio. Should such a proposal be unacceptable to the Planning Commission, the applicant will be required to remove 30 seats from the ground floor of the restaurant. As indicated in the attached letter from the applicant's representative, the proposed dancing activity will be conducted on the second floor of the restaurant between the hours of 10:30 p.m. and 1:30 a.m. nightly. The proposed dancing will include a 406 square foot dance floor and the proposed live entertainment will include a five piece dance band with percussion, amplified voice and amplified instruments. As indicated previously, the second floor "net public area" includes 3,834+ square feet (including dance floor) and includes seating for 165 people. It should be noted that the maximum allowable occupancy for the second floor public area, as established by the Fire Department is 275 people. Therefore, the applicant desires to have an additional 110 standing occupants on the second floor after 10:30 p.m. when the dancing activity begins 165 seats + 110 standing occupants = 275). Such a request is made on the basis that at 10:30 either the downstairs banquet room or the outdoor patio will be closed for dining purposes, thereby insuring that the total occupancy of the restaurant does not exceed 524 people as currently permittedunder the existing Use Permit No.1711. In order to further explain the existing and proposed seating arrangements for both the daytime and nighttime operation of the restaurant, staff has prepared the following table on the next page, which summarizes the previous discussion. TO: Planning Commission-5. Before 6:00 P.M. After 6:00 P.M. Monday - Friday Daily "Net Public Existing Allowed Proposed Existing Allowed Proposed Proposed Area" seats Seats Seats Seats Seats seats Seats after 10:30 p.m. Ground Floor Main Dining/Bar Area 2,773± sq.ft. 105 - 105 105 - 105 305 Banquet Room 1,322± sq.ft. 78 - 78 78 - 78 0 Outdoor Patio 2.237± soft. 121 -_ 124 I24 307 - 124 307 1211 229 TOTAL: 6,332± sq.ft. 307 277 307 - Second Floor 3,834± sq.ft.2 0 0 0 165 - 165 165 seats 110 Ord'ing GRAND TOTAL: 10,176± sq.ft. 307 277 3073 472 5214 472 504 Required Off -Street Parking As previously discussed in the Background Section, the existing restaurant is required to provide 175 nighttime parking spaces in the Lido Marina Village parking structure as established in conjunction with the approval of Use Permit No. 1711. Said requirement is based on the old restaurant parking standard of one parking space for each 3 seats or occupants. If the restaurant were established today, the parking requirement would be based on one parking space for each 40 square feet of "net public area" or 236 spaces (10,176± sq.ft. _ 40 = 254.4 of 255 spaces). The parking requirement could vary from 204 spaces (one parking space for each 50 sq.ft. of "net public area") to 339 spaces (one parking space for each 30 sq.ft. of "net public area'). Therefore, the existing restaurant as currently approved is nonconforming relative to the current off-street parking standards. Although the nonconforming parking condition may appear to be significant, it should be noted that the proposed dancing and live entertainment will not be conducted until after 10:30 p.m. when the dinner operation of the restaurant is substantially reduced. It is also noted that the proposed seating and occupancy of the restaurant as proposed with the dancing and live entertainment will remain within the previously allowed seating and occupancy of 524 people. 1 During inclement weather the patio will be closed and the banquet room will be open. 'Includes 406± sq.ft. dance floor. 3Applicant will close off either the main dining/bar area or the banquet room so as to reduce this number below 277 seats; unless otherwise noted, number of allowed seats also means allowed occupancy. 4A maximum of 524 seats are permitted for the entire restaurant provided further that each individual public area does not exceed allowable Fire Department occupancies. TO: Planning Commission-6. Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that the on -site development standards as they apply to walls surrounding the restaurant use, landscaping and setbacks should be waived if the Planning Commission approves this application because of the existing developed nature of the restaurant and the physical characteristics of property. � � r� r� :r. ; gnu ,�• rr Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve this application appropriate findings and conditions of approval are set forth in the attached Exhibit W. However, if the Planning Commission desires to deny this application, the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director W. William Ward Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of the Planning Commission minutes dated February 7, 1974 Excerpt of the Planning Commission minutes dated August 29, 1974 Excerpt of the Planning Commission minutes dated July 17, 1975 TO: Planning Commission-7. Letter from applicant's representative Police Department Memorandum dated May 2, 1991 with attached memorandum dated March 20, 1991 Code Enforcement letter dated March 22, 1991 Floor Plans Bnd.W\UP\UP1711A TO: Planning Commission-8. EXHIBTr "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1711(AMENDED) FINDINGS: 1. That the proposed restaurant with the addition of dancing and related live entertainment is consistent with the General Plan and the Local Coastal Program and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That the proposed intensity of use in conjunction with the addition of dancing and related live entertainment will be within the existing limits established in conjunction with the previously approved Use Permit No. 1711. 4. That the waiver of development standards as they pertain to walls, landscaping and building setbacks will not be detrimental to the adjoining properties given the developed characteristics of the existing facility. 5. That the approval of Use Permit No. 1711(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. 1. That the proposed development shall be in substantial conformance with the approved floor plans. 2. The proposed dancing and related live entertainment shall be limited to the hours between 10:30 p.m. to 1:30 a.m. nightly. 3. That after 10:30 p.m., when the dancing activity begins, maximum allowable occupancy of the second floor of the restaurant shall be 275 people provided further that the downstairs seating does not exceed 249 seats. 4. That all music and live entertainment shall be confined to the interior of the building and all windows and doors of the restaurant and lounge shall remain closed during such activities. 5. That a Cafe Dance permit shall be approved by the City. TO: Planning Commission-9. 6. Dancing and related live entertainment shall be limited to the second floor of the restaurant. 7. That restaurant development standards pertaining to walls, landscaping and building setbacks shall be waived. 8. That the applicant shall obtain Coastal Commission approval of this application prior to initiating the proposed dancing and live entertainment. 9. 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. 10. 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. EXMIT "B° FINDINGS FOR DENIAL USE PERMIT NO. 1711(AMENDED) FINDINGS: 1. That the addition of dancing and related live entertainment to the restaurant use will result in an intensification of use of the property and generate an increase in traffic and parking demand in the area. 2. That the existing restaurant is seriously nonconforming with regard to required off- street parking. 3. That the establishment, maintenance or operation of the use of building applied for will, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or 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. t vIdlAllTy mAp 'Al C `Q Q' CLIFF DRIVE Vi R'I Z C PJF .5' R-1 KQ .1°JIEw 3 .FP P PP o v •'a. IT. 1 0. sP'S P p�� � N s y� l.� i •`P zso r aP sqa `+ R•J �0 - o R•i �C J f�Q i 5P-5 '>` � sq P p "I N h a By-5 s r ¢J nQ� l l & " /vPsr Q,N`-veysP•s e? PARE• �yd � Rz '', tp Rz roo vRJ 1 sP s• .DIV P ry fNwNNft UJ.r6 ya5 \9 \ � �lS Ir 9y M C-l-H \ u bP,` \ OA 1" (- roe MAP NO. 6 FCJ 5•r5•]e � DISTRICTING MAP NEWPORT BEACH — CALIFORNIA E:== R-A AGRICULTURAL RESIDENTIAL R-A MULTIPLE RESIDENTIAL R-I SINGLE FAMILY RESIDENTIAL C-1 LIGHT COMMERCIAL R-Z I DUPLEX RESIDENTIAL C_E GENERAL COMMERCIAL R-0 RESTYL MULTIPLE fAMILY flESIUENTIAL M-t MANUFACTURING " D SCALE me .OF cao FEET COMBINING DISTRICTS UNCLASSIFIED y� - FRONT YaRn SET BACK SH-.0'. US•-0- LIMITED COMMERCIAL ae COMMISSIONERS CITY OF NEWPORT tstACH y 'p N >cm jA p� MINUTES < Z P P A February 7, 1974 INDEX GLL CALL r pact of the driving range and related fen the adjacent residential property. 4. T vironmental Impact Report des that there be no adverse impact ertilize 3. There should be a discussion of 4of and pestle if they are propeplied. There should be ther discussiways to ensure the proper ap ation ofcides and fertilizers. 5. The final location, design, and ofconstruction of the pedestrian ccrosMesa Drive and Irvine Avenue wi1toreviewed and approved by the Citewport Beach. s -- Item 8-7 Request to waive the required offstreet parking USE in conjunction with the expansion of An "EMIT spaces existing restaurant in the C-1-H District, and the TT1T—' acceptance of an Environmental Document. APPROVE[ Location: Portion 1125o Tract1907,123 and Lots 24 andlocated at 3450 Via Oporto, on the northeast- erly side of Via Oporto, east of Central Avenue in Lido Village. Zone: C-1-H ARpllcant: Donald M. Kol1, Newport Beach Owner: June Johnson Public hearing was opened in connection with this matter. Jim Fetterhart of A. M. Voorhees Company in San Diego, appeared before the Planning Commission to rneport oin traffic n eration in Lido connection with Villagtahe endanswer questions the Environmental Impact Report. City Engineer Nolan reviewed with the Commission future plans for improving the signalization at Newport Boulevard and Via Lido. Page 20. �� COMMISSIONERS CITY OF NEWPORT aACH .MINUTES m P 7 90.7a INDEX ROLL CALL I I I I I TrnvrUUI Don Koll appeared before the Planning Commission and answered questions in connection with the request including discussion of the 1:egal' noncon— forming sign. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Following discussion, motion was made to accept the Use Permit No. All Ayes Negative Declaration and approve 1711, subject to the following conditions: 1.' That development be in substantial compliance for with the approved floor plans, except mino modifications approved by the Department of Community Development. 2. That the occupancy of the restaurant use shall not exceed 277 persons prior to 6:00 P.M., daily, and shall not exceed a total of 400 persons after 6:00 P.M. daily. 3. That a minimum of 134 parking spaces shall be maintained in the "Lido Village" parking struc- ture for the restaurant use after the hour of 6:00 P.M. daily. These spaces shall be guar- d anteed by an off -site parking agreement approv by the City Council. 4. That the second floor of the expanded restaura t shall not be utilized for public assembly or, the serving of any meals or beverages prior to the hour of 6:00 P.M. daily. 5. That all signs shall conform to the Sign Ordinance of the Newport Beach Municipal Cod( and shall be approved by the Director of Community Development. 6. That all mechanical equipment and trash areas of the Department le screened to the satisfaction of Community Development. 7. That a washout area for trash containers be provided in such a way as to allow direct system and not into drainage into the sewer the Bay or the storm drains. 8. That kitchen exhaust fans be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. �� Page 21. COMMISSIONERS ' CITY OF NEWPORT BEACH _... Fphruary 7. 1974 MINUTES INDEX FULL LALL rI I I I I -- - - - - 9. That the applicant shalt obtain the services' -__- of an acoustical engineer and shall provide evidence of existing ambient outside noise levels and proposed interior noise levels. The building shall be insulated in such a manner as to maintain outside sound at the existing ambient level. 10. That a resubdivision application be processed and a parcel map be filed. 11. That prior to the issuance of building permits the applicant shall furnish to the Department of Community Development a statement from the proposed restaurant o erator indicating that p osofa roal familiar with these conditions pP he is fam a and will operate the restaurant in compliance with them. Item,B-8 Request to amend the Planned Community Development AMENDMENT N`6. 420 Plan for "Koll Center Newport" to permit general changes in the Land Use Map and Text; and the Acceptance of an Environmental Document. APPROVED Location: Tract 7953, bounded by MacArthur Boulevard, Jamboree Road and Campus Drive in "Koll Center Newport". Tone: P-C Applicant: Koll Center Newport, Newport Beach Owner: Sa as Applicant Assistant Community De lopment Director Hewicker reviewed the changes to a P-C Text for Koll Center Newport with the Co fission. Public hearing was opened in co ection with this matter. Bob Kraft of Langdon 8 Wilson appeare efore the Planning Commission to answer questions lative to the changes and advised that they are i agree- he ment with the comments and recommendations o staff. Planning Commission discussed landscaping within t e project and amount of land necessary for construct on of a service station. Page 22. Y 'COMMISSIONERS Z1ym1p`�1? toti on x 11 Ayes bsent (- CITY OF NEWPORTr;4CH MINUTES August 29, 1974 people of this proposal. He stated that there possibly may be people who are not aware of the proposal and that it is up to the Commission to ecide if the change is a major enough proposal to this, then it should be a revision to the tentat map. He further stated that if the Commission inks this change is minor enough that it doesn' ed this, the Commission can approve this pr sal as a minor change. Planning Commission discusse he appropriateness of their deciding that this is a or change and acting on it without a public hearin . Motion that the Commission finds that this change will not require a revision to the tentative map. Request of staff to interpret the conditions of approval of Use Permit No. 1711 as they relate to the permitted occupant load of the proposed Warehouse Restaurant in Lido Village. Community Development Director Hogan explained that there is a conflict between two of the conditions of the Use Permit that the staff would like to clear up: 1) That the development be in substantial compliance with the approved floor plans except for minor modifications approved by the Community Development Department, 2) That the occupancy of the restaurant shall not exceed 277 persons prior to 6:00 p.m. and shal not exceed a total of 400 persons after 6:00 P.M. Mr. Hogan stated that "400 persons after 6:00 P.M. creates a problem because the floor plans as presented at the time of the hearing would provide for an occupancy of 524 persons as Computed by the Building Code. He then explained that the applicant's understanding was that "400" meant 400 seats in the restaurant and that it was the staffTs understanding that "400" meant an occupant load of 400. He stated that the entire reason for restricting the occupant load is because of the parking provision and ithat the applicant has plenty of parking after 6:00 p.m. He further explained that the applicant has had an off -site parking agreement approved by the City Council at their last meeting and that there is no reason that the off -site parking agreement can't be made to Item #8 Request to inter- pret ,the :Condi- tions of approval of Use Permit 1711 Approved I -15- ' COMMISSIONERS CITY OF NEWPORT G .ACH p r y0 " August 29, 1974 MINUTES INDEX vaa ,.nu r include adequate parking as provided by the Code for the 524 occupant load. He stated that 11400" was applied for by the applicant (which he understood to mean as seats) and the seating plan he has for the restaurant is less than 400. He stated that if the Commission has no objection, staff will interpret that the "400" for it (as was meant as the applicant applied seats on his seating plan). He further stated that the occupant load as computed by the Building Code would be 524 and that staff would require in his off -site parking agreement that he set aside adequate parking that would provide for 524 people. He stated that it would be a matter of 175 parking places, in the parking agreement, that he would have to keep He informed available for the restaurant usage. the Commission that the conditions of the Use Permit would not change, but it would be inter- preted to mean that the "400" be the limitation on the number of seats that would be provided in the restaurant, but that where the parking says a minimum of 134, staff would require that the agreement, and the applicant has indicated that he is willing to sign the agreement, provide 175. Planning Commission discussed parking standards, means of determining occupancy load and the Restaurant Parking Study. Don Koll appeared and answered questions of the Commission relative to the request. 'rim Strader appeared before the Planning Commissio and stated that he put in 400 persons when he filed the application and that he was not aware of the occupancy square footage computation. the same that He stated that these are plans were approved by the Proposition 20 Commission and informed the Commission that the staff discovered this inconsistency in the conditions and that they are at the meeting to get a confirmation so they can conclude the planning stage and start the construction. Motion x Following discussion, motion was made that the Com ission All Ayes finds that there was an inadvertent error in the Absent x presentation of the occupancy figure in that the -16- 1 COMMISSIONERS (^ CITY OF NEWPORT EACH 9Cmy my m`t August 29, 1974 MINUTES INDEX WLL L. LL Ir 11400" referred to seats rather than persons and that the staff be allowed to reinterpret the "400" figure as being seating, with an occupancy load of 524 and that the Commission not require a further public hearing conditioned upon the applicant adjusting the minimum parking requirement to the proposed figure of 175. Item # Request for approval of street names within the Coves Development. Community Development Director Hogan advised the Commission that Irvine Pacific has requested the street names of Bayside Cove East and Bayside Cove West. He stated that staff has shown these proposed street names to the Police and Fire Departments and that the Police nt has indicated they have no objection, , the Fire Department feels it might \hopev!r�,the nfusion because of other similar names ity.w'cker, Assistant Director - Planning, th Commission of other streets in the th si 'lar names and informed theion tha the staff was concerned lly with a names Cove East and Cove West with respect to em rgency use confusion. Ralph Spargo, Assista to the Director of Architecture and Planni for Irvine Pacific, appeared before the Plann' g Commission and stated that they were tryin to identify the street names with the projec i.e., Bayside Cove Community Association. H stated that they had originally proposed Cov East and Cove West but then had feedback from th staff that this would be in conflict with exist'ng names. He stated they then decided to use Co with a modifier and proposed "Bayside Cove E t" and "Bayside Cove West" which would ident y this street as connected to Bayside Drive, connected to the Cove, and the name of the project. Planning Commission discussed the possibility of making "Bayside Cove" all one word and the possibility of referring this matter back to inion. o the Safety Forces for a unified op -17- Request for approval of street names within the Coves DOyelOp- ment Approved `7 COMMISSIONERS CITY OF NEWPORT ( :ACH a tion otion All Ayes MINUTES July 17, 1975 that she did not feel that is going to help Newport Shores. She stated that they are happy with things the way they are and repeated that if the map isn't changed, there will be a lawsuit. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the desirability Efits ntinuing this item to a later date to adequate time for staff to communicate he Hunts and Mr. Pembroke; consider the ct far as the Specific Area Plan is erne , take into consideration any location additio 1 parking; talk with the Fire rtment an et a report as to whether can satisfa orily service David Drive a fire-fighti point of view; consider possibility of t ing the duplexes around ake'a fuller utili ion of the surface ets, to give an oppor nity for some he people they have not eard from on east of Highland who area ected by this to ar and to receive an indicat n as to how this erty fits into the Specific Ar Plan. X Motion to continue this matterto Augus 7, 1975. X Amended motion was made to reopen the publi hearing and continue it to a public hearing on August 7, 1975. Planning Commission recessed at 9:00 p.m, and reconvened at 9:25 p.m. Request to amend a ppreviously approved use permit for the Warehouse Restaurant so as to permit dining and special events including live entertainment in the open patio area adjacent to the restaurant. Location: Parcel 1 of Parcel Map 63-11 (Resub- division No. 447) located at 3450 Via Oporto, on the northeasterly side of Via Oporto, easterly of Central Avenue in Lido Village. Zone: C-1-H Applicant: Donald M. Koll, Newport Beach ITEM #5 -10- fr r COMMISSIONERS CITY OF NEWPORT'EACH 1.,1,, 17. 1 Q76 MINUTES INDEX OLL CALL r " Owner: June Johnson and Calvin Rohrs, Newport Beach Public hearing was opened in connection with this item and Tim Strader appeared before the Koll and Planning Commission on behalf of Don concurred with the staff report. There being no others desiring to appear and be heard, the public hearing was closed. otion X Motion was made that the Planning Commission 11 Ayes make the following findings: 1. That the proposed development is compatible with the Land Use Element of the General Plan. 2. That the introduction of live entertainment on the patio will not be detrimental to any surrounding land uses so long as the proposed use is limited to the hours of 10:00 a.m. and 10:00 p.m., daily, and that no sound amplification or brass instruments shall be permitted at any time. 3. That there is adequate parking in the Lido Village parking structure for the proposed expansion of the dining area onto the open patio adjacent to the restaurant. 4. The approval of Use Permit No. 1711 (Amended) will 'not under the circumstances of this case be detrimental to the health, safety, peace, moral comfort and general welfare of )ersons residing and working in the ne•3hborhood or be detrimental or injurious to property and improvements in the neighbor- hood or the general welfare of the City. and approve Use Permit No. 1711 (amended) subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan. 2. That the number of seats in the restaurant and on the deck or patio shall not exceed 277 seats during the lunch hour on week days nor more than 524 seats at night or on weekends. 3. That the live entertainment on the patio l� ' -11- COMMISSIONERS f' CITY OF NEWPORTC-MACH MINUTES July 11, 1975 shall be limited to the hours of 10:00 a.m. and 10:00 p.m. daily, and that no sound amplification or brass instruments shall be permitted at any time.__ Request to permit live entertainment in conjunction with a private club on the third floor of the five story Koll Building in Lido Village. ITEM 46 USE PER- MIT 111758 Location: Parcel 1 of Parcel Map 60-43 CONT. TO (Resubdivision No. 433) located at AUG. 7 975 3390 Via Lido, on the northeasterly side of Via Lido, southeasterly of Via Oporto, in Lido Village. Z e: C-1-H A 1 ant: Tiffany's Astrological Club, Inc. of Newport Beach, Newport Beach Owner: Don Koll Co., Newport Beach Motion X Motion was m e to continue this item to IAll Ayes 75 August 79 19. ITEM V7 Request to amend por ions of Districting Maps AMEND - Section 20.12.060(c) MENT Nos. 18, 19 and 20, an amend of the Municipal Code, s as to establish an #446 increase in rear yard set cks on properties DENIED adjacent to Buck Gully. Initiated by: The City of New rt Beach Assistant City Attorney Coffin ad 'sed that it is the opinion of the City Attorney office that the ordinance as proposed with t e maximum building setback can sustain a constit ional challenge based upon misapplication of p lice power or inverse condemnation. Community Development Director Hogan advised that he met with the homeowners' groups who own the homes along the east side of B uck Gully south of Coast Highway. He stated attendance at that meeting were a homeowner from the area on the northeast side of Buck Gully representing that homeowners' association, and one homeowner from the west side of Buck -12- .r LEE RILEY Government Relations oevelopment Consultant April 12, 1991 City of Newport Beach Planning Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 To Whom It May Concern, This letter is submitted concurrent with an application for an amendment to Use Permit 1711 (Amended). The purpose for the additional amendment is to allow public dancing during nighttime hours at the Warehouse Restaurant located at 3450 Via Oporto. Additionally this amendment request should clarify the existing permitted uses at the restaurant. The existing Use Permit allows daytime/weekday occupancy of 277 persons. Nighttime and weekend occupancy allowed is 524 persons. Existing seating on the lower floor is 307 creating an obvious overage of 30 seats during the daytime/weekday operation. There are three distinctive dining areas on the lower floor: Outdoor patio, main dining/bar area and banquet room. It is proposed by the applicants that the main dining/bar area and only one of the other two areas be allowed to be used to insure that occupancy is comfortably below the maximum y allowed. Weather conditions would be the controlling factor as to which of the two areas would be closed off. This is a solution which is already being practiced and would be very simple for code enforcement personnel to check on. At nighttime it is proposed that dancing be allowed between the hours of 10:30 p.m. and 1:30 a.m. Available seating and standing area falls within the limits of the current occupancy permit of 275 person. During periods when there is an overlap of dining and dancing, the same arrangements for downstairs seating as the daytime/weekday condition would apply thus assuring that maximum occupancy does not a teed that which is permitted. Applicants feel that this solution works out well for them and it provides a very simple method for code enforcement personnel to observe that terms of the Use Permit and Occupancy permits are being observed. If there are questions please contact me at the number below. Thank you for your attention to this matter.. Sincerely, Lee Riley , 125 Avenida Valencia • San Clemente. California 92672 • (714) 492-5676 04 N CITY OF NEWPORT BEACH POLICE DEPARTMENT MEMORANDUM May 2, 1991 TO: Planning Department FROM: Executive Officer SUBJECT: Use Permit Application (#1711), Warehouse Restaurant Per your request, the Police Department has reviewed the Use Permit applica- tion and we have met with the applicant. Earlier this year, we became concern- ed with the level and frequency of police -related activities occurring at the loc- ation. My March 20, 1991, memo to the Licensing Supervisor describes our concerns at that time (copy is attached). During a meeting this week with our staff, the applicant outlined and described the various architectural and operational changes they have made to deal with the problems the police had been experiencing at the location. It appears that our concerns have been adequately addressed. We believe the success of these measures will greatly depend on management's control of the operation. We would recommend appropriate restrictions and review of the operation to ensure continued compliance and prevent a recurrence of past problems. T. Newman Lieutenant AiY _e CITY OF N -WPORT E3EACM POLICE DEPARTMENT TivilEMORANC)UPrI March 20, 1991 TO: Licensing Supervisor FROM: Executive Officer SUBJECT: The Warehouse, 3450 Via Oporto Per your request, I have prepared a brief summary of the police -related activities and problems which have been occurring at the Warehouse. In late 1990, we began receiving feedback from our patrol officers of what they perceived as increased acitivties at the location. During that year, we had one assault with a deadly weapon incident, one assault and battery, and five drunk in public arrests at the restaurant. Ten drunk drivers that we arrested told us they were last drinking at the Warehouse. Our patrol officers began to patrol the Via Oporto area more closely and they conducted more frequent bar checks at the business. Despite those efforts, so far this year we have had four drunk arrests at the location, one assault with a deadly weapon incident and one assault and battery case. Three other intoxicated persons, who had been drinking at the Warehouse prior, were arrested at other locations. In early March, one young woman phoned 911 after her boyfriend held a loaded gun to her head. She told investigating officers they had just returned home from the Warehouse where her boyfriend had been drinking until he was intoxicated. On February 26th, we met with representatives from the business and discussed some of the problems we were experiencing. On March 14, investigators from Alcohol Beverage Control (ABC)and the Police Department went to the Warehouse in an undercover capacity. The following is based on a report made by NBPD Investigator Roy Truesdell: "The business was having a special $1.00 per drink night with a $5.00 cover charge at the door to the upstairs bar. A band was scheduled to play at 1030 p.m.. By 9:30 p.m. the crowd upstairs was conservatively estimated at approximately 290 people. This area is rated for 275. It was difficult to walk around the dance floor and bar area. Thirty minutes later, Sgt. Thomas observed two male male patrons seated at a table next to the stage removing the tobacco from a cigarette and replacing it with marijuana. When they attempted to light it, they were quietly removed from the bar. The marijuana was confiscated and destroyed. Part of our concern was the service of alcoholic beverages to obviously intoxicated persons. it would have been difficult for employees to monitor beverage service because of the crowd size. Drinks were frequently purchased by individuals who would buy drinks for their entire table. Three uniformed Police Officers were called to the scene to thin out the crowd. Fire Inspector Jim Upton, who was on call to assist us, also responded at this time. One of the undercover ABC agents was standing with a crowd of Z3 approximately 40 patrons In the upstaire bar. When the uniformed officers arrived downstairs, a bar employee told thJs group of patrons there were too many people in the bar. He said they would have to go downstairs and when the police left they would be allowed to return to the upstairs bar. DawkV was observed on the dance foor prior to a disc Jockey and later to the band." There was a second meeting with Warehouse management on March 15th. In that discussion as well as in the others, they expressed a great deal of concern regarding the problems we have been experiencing. However, without any significant changes in the business operation, we would anticipate that these problems will continue to occur at unacceptable levels. Our department will continue to provide additional patrols and undercover operations. `these efforts take officers away from other duties and diminish our ability to provide service to the rest of the community. We are asking your office to take any necessary and appropriate measures that to remedy the situation. T. Newman lieutenant cc: Jim Upton, NBFD 99 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 PLANNING DEPARTMENT - (714) 644-3215 March 22, 1991 The Warehouse 3450 Via Oporto Newport Beach, CA 92663 Attention: Mr. Donald M. Koll SUBJECT PROPERTY: 3450 Via Oporto, Newport Beach, California RE: Use Permit No. 1711 (Amended) Dear Mr. Koll: It has come to the attention of this department that you have recently introduced dancing into the subject restaurant facility. This addition will require an amendment to your use permit and must be discontinued until such time as you obtain the required amendment. A current planner for the City of Newport Beach Planning Department can advise you in the requirements for this.amendment... Please contact this office as -to your -intentions within 'ted (10)-days from the date of this letter. Thank you for your'ariticipated cooperation in helping us to resolve this matter. However, should you choose to ignore our request, this matter will be referred to the Office of the City Attorney for appropriate action. To discuss this letter, you should contact Elaine Uda between the hours of 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. PLANNING DEPARTMENT JAMES D. HEWICKER, Director Elaine Uda .- •. Code Enforcement Officer EU:lc xc: Use Permit File No. 1771 (Amended) Glen Everroad, License Supervisor Calvin G. Rohrs, 12151 Singing Wood Drive, Santa Ana, CA 92705 3300 Newport Boulevard, Newport Beach 045 4 klTcHE44 rpmo `='-LEYA�LZ G,O =��TS 0 n 1 Z4 �i ' a k