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HomeMy WebLinkAboutExhibit 60EXHIBIT No. 60 Use Permit No. 3162 Fury Revocation Hearing February 21, 2008 111, r �ai! Planning Commission Meetir., Itober 24, 1985 Agenda Item No. 1 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3162 (Continued Public Hearing) Request to permit the expansion of the existing E1 Torito Restaurant located in the Newport Place Planned Community so as to allow the use of an existing open courtyard for dining and drinking purposes. The proposal also includes a request to allow the addi- tional required off - street parking spaces to be provi- ded on an adjoining office building site under the same ownership as the restaurant site. LOCATION: Parcel 1 of Parcel Map 45 -23 (Resubdivision No. 347), located at 4221 Dolphin- Striker Way, westerly of MacArthur Boulevard, between Martingale Way and Newport Place Drive in Newport Place. ZONE: P -C APPLICANT: Stuart Ketchum, Los Angeles OWNER: Same as applicant Application This application involves a request to expand the existing E1 Torito Restaurant located in the Newport Place Community so as to allow the use of an existing open courtyard for dining and drinking purposes. The proposal also includes a request to allow the additional required off - street parking spaces to be provided on an adjoining office building site under the same ownership as the restaurant site. In accordance with Section 20.83.020 of the Newport Beach Municipal Code, changes in the operational characteristics of an existing restaurant require the approval of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Recent Background This application was first scheduled for consideration by the Planning Commission in August of this year. However, because the applicant was involved in negotiations which included the possible future sale of the E1 Torito Restaurant site, as well as the adjoining property which �0 To: P;.. 3.ng Commission -2. 1ii-11 he intended to use for off -site parking, the applicant had requested several continuances inasmuch such a sale had the potential of signif- icantly affecting the off -site parking proposal included with the use permit application. As will be discussed later in the staff report, the applicant has agreed to record a covenant against the off -site parking location which will ensure the continued availability of parking should the property be sold at any future time. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirements of the California Environmental Quality Act. Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Administrative, Professional and Financial Commercial" uses. The existing restaurant facility falls within the permitted related uses for said designation. The Planned Community Development Standards for "Newport Place" also permit a restaurant facility on the property in question. Subject Property and Surrounding Land Uses The subject property is presently developed with an existing restau- rant and 89 related off- street parking spaces. To the north is the Blackbeard's Restaurant and the Domino McFly Restaurant sites with related off- street parking spaces; to the east, across MacArthur Boulevard is an office building; to the south and west is the existing Continental Plaza office building site and related parking area. Extended Background The subject property was originally developed with the existing restaurant in 1973, prior to the establishment of the use permit requirement for restaurants; therefore, the subject restaurant is a nonconforming use. in accordance with Section 20.83.020 of the Municipal Code, nonconforming uses may be enlarged, provided that the use is permitted by the regulations specified for the district in which it is located, and that in each case a use permit is first obtained. At the time the restaurant was established, the open courtyard was not included as part of the dining area. However, in 1981, the applicant began using the patio area for dining purposes without knowing that such an expansion required the Planning Com- mission's approval of a use permit. it should be noted that the applicant did obtain the approval of the Fire Department for said expansion; however, the Planning Department did not become aware of it until April of this year at which time the applicant was informed of the violation. aka TO: Ple ing Commission -3. Analysis The applicant is now requesting approval to use the open courtyard for dining and drinking purposes. Said courtyard includes approximately 680± sq.ft, and will increase the overall "net public area" of the restaurant from 3,4831 sq.ft. to 4,163± sq.ft. (19.5 percent inc- rease) . The existing restaurant is currently open from 11 :00 a.m. to 1:00 a.m. Monday through Saturday and 10:00 a.m. to 12:00 midnight on 'Sunday. During peak hours of operation there are approximately 30 employees on duty. Live entertainment, which includes two musicians who meander through the restaurant, is currently provided on Sundays. Off - Street Parking Requirement when the subject restaurant was first established, the off - street parking requirement for restaurants was based on one parking space for each three occupants. Based on Building Department records, the original occupancy of the restaurant was 214 persons which required 72 parking spaces (214 - 3 = 71.3 or 72 spaces). I£ the restaurant were established today, (not including the courtyard), the current restau- rant parking requirement of one parking space for each 40 sq.ft. of "net public area" would require 88 parking spaces (3,483± - 40 sq.ft. = 87.07 or 88 spaces). Inasmuch as the 'subject restaurant conforms to the current restaurant parking requirement of one parking space for each 40 sq.ft. of "net public area ",. any further expansion of the restaurant's "net public area" as well as the existing "net public area" shall be subject to the current restaurant parking formula. As indicated previously, the proposed use of the open courtyard for dining and drinking purposes will increase the "net public area" to 4,163± sq.ft. Based on one parking space for each 40 sq.ft. of "net public area ", 105 parking spaces will be required for the restaurant (figures shown on attached plot plan are incorrect). It should also be noted that the Code also provides that the restau- rant parking requirement may vary between one parking space /50 sq.ft. of "net public area" (or 84 spaces) to one parking space /30 sq.ft. of "net public area" (or 139 spaces), depending upon the operational characteristics of the restaurant. It is staff's opinion that one parking space for each 40 sq.ft. (105 spaces) is adequate for the subject restaurant. Proposed Off - Street Parking As shown on the attached plot plan, there are 89 parking spaces presently located on the subject property. Said parking is entirely on -site although it is part of a large common parking lot containing 238 parking spaces which are controlled and operated under a recipro- cal parking agreement. In accordance with said agreement, the subject restaurant along with Domino McFly's and Blackbeard's, have common access and use of all 238 parking spaces. The applicant proposes to provide the remaining 16 parking spaces on an adjoining office build- ing site which he also owns. No formal off -site parking agreement is necessary because of the common ownership. Jo TO: P_ Commission -4. �) The proposed off -site parking location is part of a common parking area shared by the Bank of America and the Continental Plaza office complex within the block bounded by MacArthur Boulevard, Dove Street, Newport Place and Dolphin- Striker Way (excluding the extreme north- easterly corner of Dove Street and Newport Place). Said parking area currently maintains 22 excess parking spaces which could be used by the subject restaurant. Status of Off -Site Parking Location As indicated previously, the applicant is currently involved in negotiations which could result in the future sale of both the off - site parking location as well as the El Torito Restaurant site. Should negotiations fail, the applicant is ready to begin construction of a new office building and parking structure on a portion of the off -site parking location which would eliminate the existing 22 excess parking spaces for a period of six months. At the end of the initial six months of construction, when the basement, ground and second levels of the new parking structure are complete, a total of 434 parking spaces will be provided -which will provide a temporary parking excess of 45 spaces. when the project is complete (approximately one year of construction), there will be a total of 709 parking spaces on the entire property. Based on an office parking requirement of one parking space for each 225 sq.ft. of floor area (required by Newport Place Planned Community), 687 parking spaces will be required for the combined development. This again will result in 22 excess parking space for the total development. Although staff has no objections to the proposed use of the off -site parking in this case, there is some concern regarding the effect that the future sale and /or development of the site will have on the continued availability of the additional restaurant parking spaces. For this reason, the applicant has agreed to record a covenant against the property constituting the off -site parking location so as to ensure that a minimum of 16 parking spaces will be provided on said property for the duration of the restaurant's use of the patio dining area. Said covenant will also include language requiring the pro- vision of suitable replacement parking, at a location acceptable to the Planning Commission should the off -site parking location no longer be available for the restaurant's use. However, if such off -site parking is lost for an interim period only, due to new construction on -site, suitable interim parking may be approved by the City Traffic Engineer. Specific Findings and Recommendation 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 a(� TO: PIE 1 )ng Commission -5. such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff recommends approval of Use Permit No. 3162, and suggests that the Planning Commission take such action subject to the Findings and Conditions of approval set fortis in the attached Exhibit "A ". PLANNING DEPARTMENT JAMES D. HEWICKER, Director Bys W. William Ward Senior Planner WWW:la UP32 Attachments: Exhibit "A" Vicinity Map Letter from Applicant Plot plan and floor plan i r i TO: PI Ang Commission -6. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3162 FINDINGS: 1. That the existing restaurant use is consistent with the Land Use Element of the General Plan and with the Planned Community Development Standards for "Newport place." 2. That adequate parking will be provided for the proposed addition to the restaurant. 3. That the proposed off -site parking is located so as to be useful in connection with the proposed restaurant operation. 4. That the Police Department has no objections to the proposed expansion. 5. The approval of Use Permit No. 3162 will not, under the circumstances of this case be detri- mental 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 restaurant operation shall be in substan- tial conformance with the approved plot plan and floor plan, except as noted below. 2. That a sidewalk be provided between the existing and proposed parking areas and that the pedestrian and vehicular circulation systems be subject to further review and approval by the City Traffic Engineer. 3. That a minimum of one parking space for each 40 sq.ft. of "net public area" shall be provided for the subject restaurant. 4. That a minimum of 16 off -site parking spaces shall be provided on property described as Parcel No. 1 Parcel Map 83 -705, located at 1500 Dove Street and 4141 MacArthur Boulevard. Said parking spaces shall be provided for the duration of the restau- rant's use of the courtyard dining area. Vo • TO: P1: i nq Commission -7. } 5. That the applicant shall record a covenant against the property comprising the approved off -site parking location, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to provide a minimum of 16 parking spaces for the subject restaurant. This covenant shall continue in effect until such time as the restaurant discontinues the use of the courtyard dining area or suitable replacement parking is provided at a location acceptable to the Planning Commission. However, if such off -site parking is lost for an interim period only, due to new construction on -site, suitable interim parking may be approved by the City Traffic Engineer. 6. That the restaurant employees shall be required to use the 16 off -site parking spaces. 7. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. �S 1 Y r r r Y I Y 1 - n i M rf�iNiTY NAi° n 9� 7 1 •• Y I p - u s P-Cf'tf Y. . n r Qcnue 818 Zj• i P-C a• > I VIIA� 1 n a 5 R�5TA(RA � I P-C REA BEACH CALIFORNIA W. L�75 I,K� �IZM IT N0.3162 ase r a P-C rws aas 4 [{ A nw 2 n[ r 1 a[ Tlr 7341 i P-C toTlifl. 9. > {I = I ADDITIONAL ?AA 14AS6 x. P-C 6.14 -7L 4 • DISTRICTING MAP NEWPORT [•{ n4111C41V•4 II[W[MIYI [ -{ YULTIR[ 11[aIYMTMI • -1 !N[l[ [MIRa MY[[YiML r [ -1 LNNT t .two F C -[ -I KIRIYL Caw411YN M O rnY..lw mrl[cT O u[a.uwce P-C REA BEACH CALIFORNIA W. L�75 I,K� �IZM IT N0.3162 ase Motion Ayes x EX-OFF O MEMBERS PRESENT: Jame a D. He er, Planning Director Carol Korade, istant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current P1 ing Administrator Donald Webb, City Engineer Dee,Edwards, Secretary Minutes of October 10, 1985 Minutes of Motion was made for approval of the October 10, 1 1 10 -10 -85 Planning Commission Minutes, as amended. Motion on, MOTION CARRIED. Use Permit No. 3162 (Continued Public Hearing) I item No.1 Request to permit the expansion of the existing E1 UP3162 Torito Restaurant located in the Newport Place Planned Community so as to allow the use of an existing open Approved courtyard for dining and drinking purposes. The I Condition- proposal also includes a request to allow the addi- ally tional required off - street parking spaces to be provi- ded on an adjoining office building site under the same ownership as the restaurant site. LOCATION: Parcel 1 of Parcel Map 45 -23 (Resub- division No. 347), located at 4221 Dolphin- Striker Way, westerly of Mac- Arthur Boulevard, between Martingale Way and Newport Place Drive in Newport Place. , ZONE: P -C APPLICANT: Stuart Ketchum, Los Angeles OWNER: same as applicant -I- 70 CUMP,' ISSK NEKS RTC "„AR PLANNING COMMISSION MEETING t MINUTES PT .:E: City Council Chambers A z e C o TIME: 7 :30 P.M. DATE: October 24, 1985 X 0 a a r° City of Newport Beach a ROLL CALL INDEX Motion Ayes x EX-OFF O MEMBERS PRESENT: Jame a D. He er, Planning Director Carol Korade, istant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current P1 ing Administrator Donald Webb, City Engineer Dee,Edwards, Secretary Minutes of October 10, 1985 Minutes of Motion was made for approval of the October 10, 1 1 10 -10 -85 Planning Commission Minutes, as amended. Motion on, MOTION CARRIED. Use Permit No. 3162 (Continued Public Hearing) I item No.1 Request to permit the expansion of the existing E1 UP3162 Torito Restaurant located in the Newport Place Planned Community so as to allow the use of an existing open Approved courtyard for dining and drinking purposes. The I Condition- proposal also includes a request to allow the addi- ally tional required off - street parking spaces to be provi- ded on an adjoining office building site under the same ownership as the restaurant site. LOCATION: Parcel 1 of Parcel Map 45 -23 (Resub- division No. 347), located at 4221 Dolphin- Striker Way, westerly of Mac- Arthur Boulevard, between Martingale Way and Newport Place Drive in Newport Place. , ZONE: P -C APPLICANT: Stuart Ketchum, Los Angeles OWNER: same as applicant -I- 70 Motion Ayes COMMISSIONERS ber 24, 1985 C O O i y M A v S 2 C T r V z C 9 D Y m = C z N X I x m O m r M x j City of Nev Z a z z e m Ix r 4 Beach The public hearing was opened in connection with this item, and Mr. Patrick O'Daly, representing the applicant, appeared before the Planning Commission. Mr. O'Daly stated that the applicant concurs with the findings and conditions of approval in Exhibit "A ". The public hearing was closed at this time. Motion was made to approve Use Permit No. 3162, subject to the findings and conditions of approval in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: 1. That the existing restaurant use is consistent with the Land Use Element of the General Plan and with the Planned Community Development Standards for "Newport Place." 2. That adequate parking will be provided for the proposed addition to the restaurant. 3. That the proposed off -site parking is located so as to be useful in connection with the proposed restaurant operation. 4. That the Police Department has no objections to the proposed expansion. 5. The approval of Use Permit No. 3162 will not, under the circumstances of this case be detri- mental 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 restaurant operation shall be in substan- tial conformance with the approved plot plan and floor plan, except as noted below. 2. That a sidewalk be provided between the existing and proposed parking areas and that the pedestrian and vehicular circulation systems be subject to further review and approval by the City Traffic Engineer. -2- MINUTES �.ao r. 7 x C o � a a r v r v Z c m y m Ol D a z r Q M m O m> r Z a z a z C' lber 24, 1985 MINUTES of Newport Beach 3. That a minimum of one parking space for each 40 sq.ft. of "net public area" shall be provided for the subject restaurant. 4. That a minimum of 16 off -site parking spaces shall be provided on property described as Parcel No. 1 Parcel Map 83 -705, located at 1500 Dove Street and 4141 MacArthur Boulevard. Said parking spaces shall be provided for the duration of the restau- rant's use of the courtyard dining area. 5. That the applicant shall record a covenant against the property comprising the approved off -site parking location, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to provide a minimum of. 16 parking spaces for the subject restaurant. This covenant shall continue in effect until such time as the restaurant discontinues the use of the courtyard dining area or suitable replacement parking is provided at a location acceptable to the Planning Commission. However, if such off -site parking is lost for an interim period only, due to new construction on -site, suitable interim parking may be approved by the City Traffic Engineer. 6. That the restaurant employees shall be required to use the 16 off -site parking spaces. 7. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. Item No.2 Request mend a previously approved.. modification Mod.No.904 application wh ermitted the construction of buil- (Amended) dings that encroach t hin 5 feet of a rear property line, and related off -str arking and landscape Approved planter areas that encroach to th property lines Condition - on both sides of an existing 30 foot wi ey (where ally the ordinance requires a minimum 10 foot re and -3- �1�1