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HomeMy WebLinkAbout2.0_Port Restaurant & Bar - PA2009-080CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 17, 2009 Agenda Item 2 SUBJECT: Port Restaurant & Bar 440 Heliotrope Avenue - PA2009 -080 • Amendment to Use Permit No. 1566 • Off -Site Parking Agreement No. OP2009 -003 APPLICANT: All H. Zadeh PLANNER: Patrick J. Alford, Planning Manager (949) 644 -3235, PalfordQnewportbeachca.gov DISCUSSION This item was continued from the August 20, 2009, Planning Commission meeting at the request of the applicant. The applicant's cover letter was inadvertently not included as part of the previous staff report. It is now provided as Attachment No. PC 1. Staff has not received any additional information that would warrant revising the original recommendation for denial. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt resolution denying an amendment to Use Permit No. 1566 and denying Off- Site Parking Agreement No. OP2009 -003. (Attachment No. PC 2) Prepared by: dal,,t: . atrP igjt J. Alford, Plan ing Manager ATTACHMENTS PC 1 Applicant's cover letter PC 2 Draft Resolution and Findings for Denial Submitted by: David Lepo, P a i g Director Attachment No. PC 1 Applicant's cover letter 5 440 Heliotrope Avenue, Corona del Mar, CA 92625 Tel: (949) 723 -9685 Fax: (949) 723 -9687 Web: www.portcdm.com Friday, May 08, 2009 City of Newport Beach Planning Department 3300 Newport Blvd. Newport Beach, California 92658 Dear Sirs/Madams: I, Ali H. Zadeh, proprietor of Port Restaurant and Bar located at 440 Heliotrope Ace, Corona del Mar, CA, would like to inform city of Newport Beach of some modifications to current its conditional use permit that has been in force since 1977. In general, these modifications are very essential and vital for proper and continued operation of Port Restaurant/Bar as a quality establishment and a true partner of the Corona del Mar community of businesses and residents. I have lived in Orange County since 1980 and been a homeowner is Corona del Mar since 2002. I have known the location of 440 Heliotrope since its days as Trees, Mistral and Svelte. The location has always been somewhat of a locals favorite and it has been my true pleasure to restore its image and witness its growth by making it a true favorite of many locals regardless of age groups since it opened in January of 2007 for its high standard of service and quality of its food. My personal vision is for Port to continue on as a quality establishment to enrich the experiences from residents as well as becoming a tourist attraction and a dining destination for visitors of the great Village of Corona del Mar The proposed tenant improvement plan improves crowd flow and will eliminate crowdedness in one area and actually creates a wider hallway and improved access to emergency doors. 5 With approval of the proposed plan, Port will extend its kitchen hours by one hour to accommodate guests. better circulation plan to avoid crowdedness, will allow people to sit in the dining room and entire food menu can be served throughout our operation from opening to closing. We serve food throughout the restaurant till 10:30PM on weekdays or 1 I :30PM on weekends but offer a very extensive, moderately priced and easier to serve called "Lounge Menu" till later to accommodate late arrivals while the kitchen is being broken down. (All of the menus are attached) I have managed this project personally from its inception and have been very consciousness of its unique position in center of the village and its place in people's hearts. The best interest of the community has always been a main focus of Port. The Restaurant has been involved in many city wide culinary events (3 times in Newport Beach Restaurant Week, 2 Times in Taste of Newport Beach, Orange County Restaurant Week among others) as well as hosting and donating to many local corporate seminars and charitable functions including EHG Fund, Women Helping Women, Sound of Music, Harbor View Elementary School, Lighthouse Guild, Sophisticates of ATSC, Irvine Charity League, Full Circle Learning to name a few. During these though economic times, these proposed changes in our use permit are vital to keep Port open and it's thrive to excellence for years to come and to become a true partner with the community, Corona del Mar Business Improvement District and City of Newport Beach as well as providing employment to its qualified team members. I would also like to address the recent letters sent by City Manager's office on February 19th (Code Enforcement) and Administrative Services (Revenue Division) on March 2 "a 2009 by means of this letter. Best Regards, Ali H. Zadeh Attachments: Planning Department Application Proposed Diagram of Modifications Copies of New Parking Lot Lease Agreements and Insurance City Manager's Letter, Dated Feburary 19'", 2009 Administrative Services Letter, Dated March 2, 2009 4 PROJECT DESCRIPTION REMODEL EXISTING FIRST FLOOR PLAN TO ACHIEVE A BETTER FLOW OF CIRCULATION THROUGHOUT THE ENTIRE RESTAURANT. THIS WILL INCLUDE MINIMAL DEMOLATION TO NON LOAD BEARING WALLS AND CONVERSION OF EXISTING WINDOWS AND IMPROVING OF ONE DOOR SYSTEM. A NEW DOOR WILL BE ADDED AT THE FRONT PATIO ENTRY TO ACHIEVE BETTER CROWD CONTROL AND FURTHER MINIMIZE SOUND FROM THE RESTAURANT. A PLATFORM STAGE WITH ACOUSTCAL WALL AND CELING PANELS WILL ALSO BE INTEGRATED INTO THE EXISTING FIRST FLOOR PLAN AS A WELL SOUND INSULATED ENTERTAINMENT AREA. I SUGGESTED BUILDING MODIFICATIONS WITH PICTURES Please see attached photographs for these suggested modifications along with attached floor plan. 1. Addition of Door in the front Arch way For Security and Reinforcing the Noise Control 2. Changing the Entry Door System to Atrium To avoid overcrowdings in the hallways and aisles 3. Conversion of Window to Door for Circulation from Lounge to Dining Room Conversion of an existing window in our atrium area to a door so on later hours of the night it can be opened to help people to flow in the dining room to avoid crowdedness in the lounge area and to help us serve food in the dining room. 4. Conversion of Window to Stackable Door for Entertainment Area (OUTSIDE) 5. Conversion of a portion of dining room to Entertainment Area (INSIDE) With Acoustic Panels and Tile if needed 6. Removal of the wall in the Lounge Area To create a wider hallway and to help in the flow in the very narrow area this will eliminates the toilet in the secondary Men's room but leaving sink area as well as urinals. Please note previous build out included a set of ADA approved bathrooms in the front of the restaurant as well. 7. Continuation of Side Fence for Noise Reduction and Security Hours of Operation Closing Time Current permit dated back in 1977 stipulates that the restaurant operates between 5:30PM to 12:00 Midnight on daily basis and we would like to amend the closing hours to better accommodate the patrons so they are not rushed into streets all at once and we could serve food till later as currently many of clients leave our premises hungry as we have to close the kitchen around 11 PM to accommodate closing at Midnight. Times have changed dramatically in the past thirty years. The style of living, social networking needs as well of the state of the economy should be noted. Corona del Mar has become a favorite destination for people to live and visit and our goal has always been to represent the village in the most professional and reputable manner to both residents and visitors. It should be also noted by us closing earlier than other bars and restaurants in the area, some late night guests will then start walking through the village to visit other establishments because of their later hours instead of staying at Port and using public transportation and that could become a nuisance from a noise stand point as well their safety and others crossing Pacific Coast Highway. Over the past 30 months, Port has been very conscious about safety of our guests as well as comfort of our neighbors by employing up to three staff member manning the front door and advising guest to exit quietly and arrange transportation when necessary. As you could verify with Police records, Port has had the minimal amount of calls compared to any other similar establishment throughout city of Newport Beach. I would like to request that our closing time to be extended by one hour to 1:00AM to accommodate later food service and orderly exits so all guests are not rushed out of our premises. Brunch/Lunch Hours We would like for the commission to approve amendment of our use permit to include Sunday Brunch hours where we have exclusive right of our entire off -site parking. There have been also tremendous requests for Port to be open for lunch especially on Fridays and Saturdays. I realize that we do not have the exclusive parking arrangement during those days but with lesser business activities, future proper parking improvements and implementation of additional meters and enforcements prohibiting long term parking by employees of all neighboring businesses and residents, and the fact that Port can be a walking destination for both residents and members of the business community for commission to consider Port a parking waiver for a reduced lunch service on Fridays and Saturdays as well. l3 Live Entertainment From Jazz performances in Trees and Piano playing in Mistral to DJ Music of Svelte, the location of 440 Heliotrope has always had entertainment as part of the venue. Port has continued on to provide an enjoyable atmosphere of an array of entertainment. Port's entertainment consists of Acoustic Music and Dj's from local artists. As it currently stands the music plays at a very respectable, modest and reserved fashion level. So it is even hard to hear it standing right outside of the Port's front door. As far as any potential noise control we have retained services of HRA Environmental Consultants, Inc. (hnp: / /www.hracih.com) and their initial findings and sound measurements were well within the city of Newport Beach ordinance. There will be a separate report to follow from their firm next week with date and measurement levels. We are willing to consult with more professionals and obtain future recommendations including proposed installation a new door in front Arch Way and integration of acoustical panels for the new proposed entertainment area. As added measures, Port also proposes to start a valet/security service for the leased lot across the premises (copies of leases are enclosed as requested) and continuation of the side glass wall for sound and security purposes. Port ownership and management has always been consciousness about guests leaving safely and quietly in respect of neighbors as well as Port's reputation as a First class establishment. Port is a venue that groups love to use for special occasions, Bridal Showers, Engagement Parties, Wedding Dinners, Birthday parties and networking events for both residence and travelers from resorts, all of which love to have entertainment to enhance their event. Cafe Dance Permit will also be very useful for us to be able to book those special events such as weddings and birthdays as well as offering dancing on weekend nights given that there will not be any noise traveling outside of the premises. Both Applications for Live Entertainment and Cafe Dance Permit have been submitted based on the instruction of the Code Enforcement Office to the revenue division on late February and subsequently denied by their March 2 "d, 2009 letter because of approved use Permit. I would like to request that those applications to be kept open till the result of the requested amendments. Music and Entertainment can further promote our image and business as the "best of both worlds" (an award winning cuisine and very special lounge) With the proposed plan all patrons can enjoy the entertainment while dining in the dining room or visiting the lounge. 1' Ali H. Zadeh Biography Ali H. Zadeh received his bachelor's degree in Electrical Engineering from University of California, Irvine in 1983 and his master's degree in Computer Science Engineering from Long Beach State University in 1985. He served as a member of faculty in the California State University, Long Beach for 5 years where he taught various courses in Electrical and Computer Science Engineering. He was president and founder of Medident Systems, a practice management software company in Irvine, CA. During his eight -year stint from 1992 to 1999, his responsibilities included managing the software development, customer support, consulting services, training, human resources, and administration. His company was responsible for providing software solutions to more than 500 dental customers. In 1999, He founded EDI Health Group, Inc. (www.dentalxchan eg coml and served as President and CEO until June of 2008. Currently he is serving as the chairman of the board of the same corporation. EDI Health Group has earned an industry-wide reputation for being the first to pioneer web - based dental EDI solutions. In 2003, DentalXChange.com was acquired from a coalition of major insurance companies and in 2007, DentalXChange earned EHNAC accreditation in order to ensure optimal privacy and security in following HIPAA protocol. Since its inception, EHG has maintained a depth of experience and long -term perspective that is rare among vendors in this space. EHG has continued to be an innovator in claims management technologies, EDI platforms and the real -time arena, and a technologically advanced supplier of connectivity solutions in the areas of healthcare and financial transactions for patients, payers and providers. Today, the company maintains its corporate headquarters in Irvine, California and EHG has grown to support a current client base of approximately 12,000 healthcare offices. EHG is only one of the two independent clearinghouses in the country and has direct relationship and connections to virtually all major insurance carriers in the country. Yearly, EDI Health Group accounts for more than a staggering $4 billion in healthcare claims. Through its own clearinghouse, WebClaimTM and C1aimConnectTM portals, the company annually processes nearly 20 million EDI transactions, consisting of more than 15 million in healthcare claims. EDI Health Group, Inc. (EHG) established the EHG Fund officially in 2007 to assist institutions and programs focusing on quality of life issues in the areas of healthcare, education and human services to improve the lives of men, women and children all over the globe. EHG experienced the tragic loss of a beloved colleague in 2004. A school was founded in his hometown of Madras, India, as tribute to his memory and the EHG fund was born. Since then, the fund has exponentially grown to encompass and provide much needed education, healthcare and human services to individuals of all ages internationally. Partnered with organizations such as the Orange County Community Foundation and Full Circle Learning Inc. among others, we seek ways to serve the needs of underserved individuals through strategic investments in excellent charitable efforts globally. Currently EHG Fund is responsible for opening and continued operation of two schools in Madras, India and the rural community of Mokhotlong in African kingdom of Lesotho. Attachment No. PC 2 Draft resolution and findings for denial �A RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING AN AMENDMENT TO USE PERMIT NO. 1566 AND OFF -SITE PARKING AGREEMENT NO. OP2009 -003 FOR THE PORT RESTAURANT AND BAR LOCATED AT 440 HELIOTROPE AVENUE (PA2009 -080) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Ali H. Zadeh, w ith respect to property located at 4 40 Heliotrope Avenue, and legally described as Parcel 1 of Parcel Map 57 -20 (Resubdivision No. 412) requesting approval of an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003, 2. The applicant proposes the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation (5:30 p.m. to 12:00 a.m.) by extending the closing time to 1:00 a.m. daily, and providing lunch service on weekends; and 2) Introduction of live entertainment and dancing. The application also includes an off -site parking agreement to allow the continued use of 40 off -site parking spaces on property located at 2865 East Coast Highway for the requested hours of operation. 3. The subject property is located within the Retail and Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B). 5. Public hearings were held on August 20, 2009 and September 17, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings were given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at these meetings. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The project involves minor interior alterations involving a negligible expansion of use. 0 Planning Commission Resolution No. _ Passe 2 of 3 SECTION 3. REQUIRED FINDINGS. 1. Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion in hours of operation and introduction of live entertainment and dancing are considered major changes in operational characteristics requiring an amendment to the Use Permit. In accordance with Section 20.91.035 of the Zoning Code, the Planning Commission finds it cannot make the findings required to approve the requested amendment to Use Permit No. 1566. Given the location of the restaurant in close proximity to numerous residential units and Two -Unit Residential (RT) land use district, the operation of the restaurant, as proposed, will be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in the neighborhood of the restaurant, for the following reasons: • Although the sound test submitted by the applicant indicate that live entertainment can be performed within the restaurant in compliance with the City's Community Noise Control Ordinance, the proposed remodel of the restaurant will significantly open up the dining rooms and bar area to the outdoor atrium patio, which may result in decreased sound attenuation and increased noise generation from the restaurant when live entertainment is performed. • Although the sound test provided an indication of the expected noise levels when live entertainment is provided, the sound tests were performed when the restaurant was relatively unoccupied and do not account for noise levels when the restaurant is operating at capacity with additional noise generated from the activities of restaurant patrons. Also, the sound tests do not account for noise sources that can be perceived as annoying by adjacent residences, such as noise from patrons inside the restaurant (i.e. talking and laughing), patrons leaving the restaurant (i.e. car alarms and doors slamming), or patrons loitering in the parking lot. • Memorandums provided by the Code and Water Quality Enforcement Department and the Police Department, indicate complaints have been received from residents in the past regarding the noise generated from the restaurant and from patrons walking to their cars and loitering in the parking lot; the addition of live entertainment and extending the hours of operation for an additional hour is expected to result in increased noise disturbances to the adjacent residences and neighborhood. • The introduction of live entertainment and dancing can potentially transform the restaurant into a nightclub, and due to the close proximity to a residential neighborhood, would result in a land use that is incompatible with the residential character of the neighborhood. • Although the applicant states that he has rights to use the off -site parking spaces during weekends, insufficient evidence has been provided to confirm that parking will be available during the requested lunch service and there is no certainty that those parking spaces will remain available for the restaurant's exclusive use. 0 Planning Commission Resolution No. Paae 3 of 3 2. Pursuant to Section 20.66.080 of the Zoning Code, off- street parking on a separate lot from the project site requires the approval of an off -site parking agreement. The Planning Commission finds it cannot make the findings required to approve Off -Site Parking Agreement No. 2009 -003. A majority of the 20,300- square -foot commercial building located at 2865 East Coast Highway is currently vacant. Sufficient evidence has not been provided illustrating that the off -site parking lot will remain permanently available for use by the restaurant during the weekend lunch hours and uncertainty exists pertaining to the type of use that will occupy the remaining vacant space within the commercial building. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies the amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009 -003. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 2009. AYES: NOES: ABSTAIN ABSENT: Robert Hawkins, Chairman BY: Charles Unsworth, Secretary 93