HomeMy WebLinkAbout13 - Appeal of PC Approval of USe Permit for Nesai RestaurantCITY OF
o rA NEWPORT BEACH
City Council Staff Report
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ABSTRACT:
June 24, 2014
Agenda Item No. 13.
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt @newportbeachca.gov
Makana Nova. AICP. Assistant Planner
mnova @newportbeachca.gov, (949) 644 -3249
Appeal of the Planning Commission's Approval of Conditional Use Permit No.
UP2013 -021 for Nesai Restaurant Located at 215 -217 Riverside Avenue (PA2013-
203)
Appeal of the Planning Commission's approval of a Conditional Use Permit (CUP) to allow the
remodeling and expansion of an existing restaurant operating with a Type 47 (On -Sale
General) Alcoholic Beverage Control license. The application includes a new outdoor dining
patio, late hours of operation (after 11:00 p.m.), and a partial waiver of required parking with
the approval of a parking management program authorizing off -site parking, employee use of
the Avon Street municipal parking lot, and valet parking. Due to the request for late hours of
operation, approval of an Operator's License issued by the Newport Beach Police Department
is also required.
RECOMMENDATION:
a) Conduct a de novo public hearing; and
b) Adopt Resolution No. 2014 -53, A Resolution of the City Council of the City of Newport
Beach Upholding the Planning Commission's Approval of Conditional Use Permit No. UP2013-
021 for an Eating and Drinking Establishment with Late Hours of Operation at 215 Riverside
Avenue (PA2013 -203), finding the project exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, and
approving Conditional Use Permit No. UP2013 -021 subject to the conditions (Staff Report
Attachment CC 2).
FUNDING REQUIREMENTS:
No budget impact.
DISCUSSION:
The Planning Commission held a public hearing on May 8, 2014. The Planning Commission
discussed the strength of the off -site parking arrangements and neighborhood compatibility of
the requested late hours of operation. The application was approved unanimously (6 ayes; 0
noes) and the hours of operation were limited to close at 11:00 p.m., Sunday through
Thursday, and to close at 12:00 midnight on Friday and Saturday. The minutes, resolution, and
staff report from the Planning Commission meeting are attached for reference (Attachment
Nos. CC 4, CC 5, and CC 6).
Appeal
An appeal was filed by John Staub and Jade Tran, residents of 2911 Cliff Drive, on May 22,
2014. The appeal letter identifies concerns regarding use of the rear parking area during the
evening hours, public safety hazards at the intersection of the driveway to Riverside Avenue,
and restrictions to pedestrian traffic along Riverside Avenue accessing Cliff Drive Park during
the evening hours. A copy of the appeal letter is provided as Attachment No. CC 1.
City Council Review Hearing
Pursuant to Section 20.64.030.C.3 (Conduct of Hearing), a public hearing on an appeal is
conducted "de novo ", meaning that it is a new hearing and the prior decision of the Planning
Commission to approve Use Permit No. UP2013 -021 has no force or effect. The City Council is
not bound by the Commission's prior decision or limited to the issues raised by the appellant.
Analysis
Parking Area Nuisance
The appeal identifies potential headlight and noise nuisances resulting from late night users at
the rear parking area. Four residences are located directly uphill from the project site. The
parking area is used by office tenants and their customers during normal business hours
without restrictions.
The existing restaurant operates pursuant to Use Permit No. UP1677 and operates in the
evening hours until 10:00 p.m., Sunday through Thursday, and to 11:00 p.m., Friday and
Saturday, and they have unrestricted use of the parking area. The applicant requests one
additional hour of operation daily to close at 11:00 p.m. Sunday through Thursday, and to close
at 12:00 midnight, Friday and Saturday.
A total of 16 parking spaces will be provided on -site and a maximum of 27 off -site parking
spaces will be available for patrons when valet service is provided. Due to the sloping
topography of the site, the parking area is a non - traditional design with two one -way drive
aisles and sloping driveways. The proposed project does not include on -site valet parking. The
on -site parking area is intended to provide self - service parking to patrons. Optional valet
service would be provided when needed with queuing occuring on -site and the parking of
vehicles in the off -site parking lots located at 2630 and 2660 Avon Street.
Zoning Code Section 20.30.020 (Buffering and Screening) requires nonresidential uses that
abut residential zoning districts to provide a solid masonry wall a minimum of six feet in height.
Additionally, General Plan Policy LU 5.2.2 (Buffering Residential Areas) encourages the
incorporation of landscape, decorative walls, enclosed trash containers, downward focused
lighting fixtures, and or comparable buffering elements to ensure the compatibility of
commercial and residential neighbors.
The rear of the parking area is currently developed with an 9 -foot high retaining wall adjacent to
2911 and 2915 Cliff Drive. At this section, the block wall is topped by a 6 -foot high chain -link
fence. The retaining wall gradually decreases in height from 9 feet to approximately 5 feet in
height as it turns adjacent to 2911 Cliff Drive and returns toward Riverside Avenue. Shrubs and
vegetation are located above this portion of the wall that screens views into the parking lot from
the first level of the residence at 2911 Cliff Drive. In this case, the grade differential creates a
situation where the second floor of the residence at 2911 Cliff Drive overlooks the parking area.
Refer to the attached site photos (Attachment No. CC 7).
The appellant has suggested requiring covered parking areas to reduce the impacts of
headlight and noise nuisances. The cost of covered parking ranges from approximately $824 to
$2,000 per parking space. Thus, the cost to cover the rear row of parking stalls on -site (9
spaces) would range from $7,416 to $18,000.
In response to this concern, the applicant has agreed at staff's suggestion to provide additional
landscaping at the rear of the parking area below 2915 Cliff Drive to further reduce the visibility
of the parking area to the adjacent residents. With this additional landscaping, the
additional buffering and screening will help promote compatibility between the uses consistent
with the Zoning Code and General Plan.
The appellant's suggestion to partially cover the parking area would enhance buffering of the
uses, but would increase the project's cost. Staff recommends requiring the additional
landscaping below 2915 Cliff Drive as an alternative to a carport structure.
Public Safety Hazard
The appeal cites that the intersection of the existing driveway at the parking area with Riverside
Avenue poses a traffic safety and visibility hazard for pedestrians walking along Riverside
Avenue. This concern was discussed at the Planning Commission meeting on May 8, 2014.
As required by Zoning Code Section 20.30.130 (Traffic Safety Visibility Area), a 5 -foot
triangular area measured from the intersection of the driveway and the right -of -way is required.
Structures located within this area may not exceed 30 inches in height to ensure visibility
across the corners of the intersecting streets, alleys, and private driveways for pedestrians,
bicycles, and vehicles. As shown on the project plans (Attachment No. CC 20), the existing
retaining wall and storage enclosure to the south of the driveway to Riverside Avenue will be
lowered to 30 inches in height to comply with traffic safety visibility requirements. The existing
wall to the north of the existing driveway complies with the requirement as it is located behind
the required 5 -foot sight distance triangle. The issue has been reviewed by the City Traffic
Engineer and the driveway, with the proposed changes noted, will comply with the standards
and will provide sufficient sight distance for safe use. The applicant has agreed to provide an
additional exterior lighting at this driveway to further improve visibility during the evening
hours.
Cliff Drive Park
The appeal states that the extended use of the parking area at 215 Riverside Avenue inhibits
safe access to Cliff Drive Park at night by restricting pedestrian flow along Riverside Avenue as
a result of vehicles accessing the existing parking area.
The restaurant is currently authorized to operate and utilize the parking lot during the evening
hours and the additional hours from 10:00 p.m. to 11:00 p.m., Sunday through Thursday, and
at 11:00 p.m. 12:00 midnight, Friday and Saturday is not a significant safety
issue given limited activity in the park during these hours.
Summary
Staff recommends approval of the Conditional Use Permit and staff has added two conditions
requiring the additional screening landscaping and exterior lighting for the Riverside Avenue
Driveway.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section Section 15301 (Class 1 -Existing Facilities) of the CEQA Guidelines, Cal ifornia Code
of Regulations, Title 14, Chapter 3, because it has no potential to have asignificant effect on the environment. Class 1
exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or
private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of
use. The proposed project involves the minor alteration of an existing structure and a minor expansion of use (a 990
square foot outdoor dining patio) that is wel l below the ellowablechanges identified in CEQA Guidel ines Section
15301.
NOTICING:
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways) including the applicant and posted on the subject property at least 10 days before
the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the
item appeared on the agenda for this meeting, which was posted at City Hall and on the City
website.
ATTACHMENTS:
Description
CC 1 - Appeal Letter
CC 2 - Draft City Council Resolution to Uphold Planning Commission Decision
CC 3 - Draft City Council Resolution to Overturn Planning Commission Decision
CC 4 - Planning Commission Minutes
CC 5 - Planning Commission Resolution No. 1943
CC 6 - Planning Commission Staff Report
CC 7 - Site Photos
CC 8 - UP1677 Resolution
CC 9 - UP1677 CC Minutes
CC 10 - UP1677 CC Staff Reports
CC 11 - Materials Board
CC 12 - Mariner's Mile Design Guidelines
CC 13 - Parking Management Plan
CC 14 - Off -Site Parking Letters
CC 15 - Valet Plan
CC 16 - Annual Parking Pass Information
CC 17 - Police Department Memorandum
CC 18 - Correspondence Received
CC 19 - Vicinity Map
CC 20 - Proiect Plans
Supplemental Correspondence
Application No.
Name of Appellant
or person filing: _
ATTACHMENT CC -1
CITY OF NEWPORT BEACH
U P2013 -021
Jack Staub
Address: 2911 Cliff Dr., Newport Beach, CA 92663
��nrniemnu �J
Phone: 949-406 -131.9
Date of Planning Commission decision: May 8th 20 14
Regarding application of: Jeff Hall of '217 Riverside Ave Merchants'
12
for
(Description of application filed with Planning Commission) A conditional use permit to
remodel and expand the existing restaurant. Also permits the use of the rear parking lot by
general public and valet after 5PM. (Prior use of this parking lot was limited to Monday through
Friday, 9AM to 5PM by the tenants of the building.)
Reasons for Appeal : The expanded use of the rear parking lot: (1) creates a nuisance to residences,
specifically our home at 2911 Cliff; (2) will create a safety hazard for pedestrians on Riverside Ave;
and (3) interferes with the publics' right to safely access Cliff Drive Park.
Date Appeal filed and Administrative Fee received: M�� `� 20 �7 .
l �
cc: Appellant
Planning (furnish one set of mailing labels for mailing)
File
APPEALS: Municipal Code Sec. 20.64.030
Appeal Fee: $4,289.00 pursuant to Resolution No. 2013 -72 adopted on 10- 22 -13.
(Deposit funds with Cashier in Account #2700 -5000)
Appeal Application
Appellant Information:
John R. Staub & Jade Tran, home owners
2911 Cliff Drive
Newport Beach, CA 92663
Appealing Application Regarding:
Name of Applicant: Jeff Hall of '217 Riverside Ave Merchants'
Date of Decision: May 8, 2014
Project No. (PA): PA2013 -203•
Activity No.: UP2013 -021
Site Address: 215 Riverside.Ave, Newport Beach; CA 92663'
Description:
Summary of Appeal: Homeowners seek a modification to the parking plan approved with the
modified Conditional Use Permit for Nesai Restaurant located at 215 Riverside Avenue,
Newport Beach, California, to restrict the use of the back parking lot of this building to its
historical usage by tenants only between the business hours of 9:00 a.m. to 5:00 p:m. on the
basis of safety concerns and nuisance.
LEGAL05000- 0103/3407262.1 :1
Reasons for Appeal:
1. Nuisance
The proposed Use of the rear parking lot for,either patron orrvalet parking willxreate a
substantial headlight and noise nuisance, which will impact our home.. Applicant failed to
show the close proximity of 2911 Cliff Drive to the rear parking lot of 215 Riverside Avenue.
Applicant instead showed photos (Attachment PC 3) of the more remote homes, which are
set further back and at a higher elevation, misconstruing the likelihood of nuisance to the
nearest home.
The Valet Plan (Attachment PC 11) calls for 24 cars to be parked in the rear lot. If we assume
a 1 hour average dinning time then this would imply 24 cars will enter each hour and 24
cars will leave (on average). This represents 48 parking 'events' per hour, or one event every
75 seconds, on average, hour after hour until closing (11 PM during the week and "12 PM on
Fridays and Saturdays). Amounting to 336 parking events on a busy day. A great deal of
noise will be created during every parking event.
The unenclosed rear parking lot of 215 Riverside Avenue is only 24 feet from our home and
is located on a steep slope. Cars entering the parking lot on Avon street do so using a very
steep incline (12 degrees), which results in headlights lighting up our home, as well as our
neighbors' homes.
We are not aware of any other homes in the vicinity of Mariners Milethat are in such close
proximity to the type of parking situation that will be permitted by Nesai's modified
conditional use permit.
When nearly identical concerns were raised by homeowners on King Rd above the
Mariner's Point project (also in the Mariners Mile area), the City's accommodation was to
require the Mariner's Point parking garage be enclosed.
We understand from comments made at the May 8, 2014 Public Hearing that prior use of
the rear parking lot was limited to use by the building tenants during normal business hours
(9AM to 5PM, Monday through Friday). This agrees with our observation of its use since we
moved to the area seven years ago. These tenants are expected to understand the inherent
safety issues posed by this parking lot (discussed in Reason #2 below) and the potential
n uisance.tonearby residences created by after business hour activities in this rear parking
lot, unlike patrons.
,LEGAL05000- 0103/3407262:1
We believe that either: (1) an accommodation similar to that applied to the Mariner's Point
project should be applied here, or (2) that the rear parking lot should only be used as it has
been for the prior 40 years- restricted to use by the property's tenants, during normal
business hours, 9AM to 5PM.
LEGAL:05000-0103/3407262.1 3
Photo 111 -1: Satellite overview of the site area, including the impacted homes on Cliff Drive,
Cliff Drive Park and Nesai Building & rear parking lot. Note the close proximity of Nesai's
rear parking lot to the homes, in particular to 2911 Cliff Drive, which is 12 feet lower in
elevation than the other homes on Cliff Drive, and only 10 feet above Nesai's rear lot.
Photo RI-2: Car entering Nesai parking lot from Avon Street entering lower level, and climbing to
the upper level. Note the steep grade causes car headlights to point into homes.
LEGAL•05000 -0103/3407262.1 4
Photo 111 -3: Car entering Nesai's upper level of the rear parking lot. Note that 2911 Cliff is much
closer and at a 12 foot lower elevation than the other homes. The exit of the lot is straight ahead
but not visible due to steep decline (14%) - driving this at night is very hazardous.
Photo 111-4: Night view from a car entering Nesai's upper level of the rear parking lot. Note
that 2911 Cliff Drive's second floor is visible and headlight nuisance. Driving this at night is
very hazardous due to the steep grades, extraordinarily poor visibility and lack of lighting.
LEGALOS000-0103 /3407262.1
2. Public Safety Hazard
The proposed use of the. rear parking lot will create a safety hazard for the public. The
parking lot is terraced into the hillside behind Nesai; directly below our home. The upper
terrace lot is elevated 10 feet above the sidewalk on Riverside, and vehicles exit on a 14%
grade decline to that sidewalk. The unusual geometry of this lot makes parking here a
challenge, even during daylight hours bythe building tenants, but particularly dangerous if
used at night by the people unfamiliar with the lot.
The proposed modifications to the 215 Riverside Avenue's trash enclosure may assist with
;perception of northbound traffic; but is Wholly, insufficient "to address southbound traffic.
The exit onto Riverside. Ave, is particularly dangerous as it is very narrow and view of south
bound trafficon Riverside Ave is blocked by Nesai's retaining wall. Obstructed visibility to
southbound traffic greatly interferes with a driver's ability to see oncoming automobile'
pedestrian and bike traffic, and then exit safely onto Riverside Avenue. This retaining wall
also makes it impossible for pedestrians, bike, rider and skateboarders to see the exiting,
vehicle until they walk in its path.
Additionally, the steepness of the incline and decline of the rear parking lot is an issue. We
have seen cars climbing the excessive grade stall, and even roll back. This excessive grade
does not appear to be consistent with current design standards and so the public is simply
not prepared to navigate it safely, particularly at night where poor visibility compounds the
safety issues.
Note that reversing the flow of traffic does not solve this problem, but only moves the
primary hazard to the other slope, which is also at a very steep grade; and would endanger
pedestrians on Avon Street, including Nesai's own patrons.
In conclusion, Nesai's planned use of this parking lot creates a public hazard and should only
be used as it has been used for the prior 40 years. It should be restricted for use by the
property's tenants, during normal business hours, 9AM to`5PM. Night time use will only
.endanger pedestrian traffic.
LEGALi05000+0203/3407262.1 6.
Photo 112 -1: Car exiting from upper rear lot of Nesai, with Cliff Drive Park visitors southbound on
Riverside Ave. Note the slope and retaining wall behind the kids are part of Cliff Drive Park,
which ends at Nesai's retaining wall. Thus, the Nesai exit also delineates the boundary of Cliff
Drive Park.
Photo R2 -2: Car exiting from upper rear lot of Nesai, with Cliff Dr Park visitors exiting the park
southbound on Riverside Ave. Pedestrian just comes into view of the car. Note the car is 10 ft
above the sidewalk, if it were to roll it could seriously injure or even kill a pedestrian or bike
rider. Nighttime use of this exit compounds this safety hazard.
LEGAL•05000- 0103/3407262.1 7
Photo R2 -3: Car exiting from upper rear lot of Nesai, with Cliff Drive Park visitors southbound on
Riverside Ave). This photo shows the view from the perspective of the pedestrians - bike riders
and skateboarders have a similar view but travel much faster, decreasing response time.
Photo R2 -4: Car exiting from upper rear lot of Nesai, with Cliff Drive Park visitors exiting
southbound on Riverside Ave. Photo shows the view from the perspective of the car exiting as
positioned on the upper lot. Note the extraordinarily poor visibility of southbound traffic — and
this is daytime! Nighttime use of this exit compounds this safety hazard.
LEGALASOOD-0103 /3407262.1 8
3. Interferers with the Public's Safe Access to Cliff Drive Park
The public has the expectation -and right of safe access to Cliff Drive Park and the proposed
use of the rear parking lot interferes with that right. All pedestrian and bike traffic from the
park that travels southbound on Riverside Ave must pass through the hazard created by the
expanded use of Nesai's rear parking lot.
The planning commission referred to the Mariners Mile. improvement plan as its basis of
authority to make exceptions to the operating hours and late hour use of the rear parking
lot, but they did not consider the right of the public to safely access the nearly adjacent
park. The public's right to safely enter and exit the park outweighs the. objectives of the
Mariners Mile plan.
The decision appears to conflict with a principle objective of the Mariners Mile plan itself,
which. is "(h) Enhance pedestrian access to businesses" (Page 5).
There are no other areas in all of Mariners Mile that generate more pedestrian traffic than
southbound traffic.on Riverside:Ave (i.e. Cliff Drive Park exit). It is the primary artery of
pedestrian traffic, particularly during the day. Placing a serious hazard directly across that
path will have a chilling effect on pedestrian flow, and undermine objective (h).
In addition, the City is in the process of a major renovation of the Cliff Drive Park for the
purpose of making the park safer and more accessible by the public, particularly at night.
Allowing the Nesai rear parking lot hazard at Cliff Drive Park's border with Mariners Mile will
limit the after -dark pedestrian traffic from the local community into the Mariners_ Mile area
and Nesai itself.
A better approach would be to eliminate the after hour use of the rear parking lot and
give the restaurant credit for the local pedestrian traffic it generates. This would keep all
pedestrians safe and increase pedestrian business for Nesai in accordance with the
Mariner's Mile plan. it also removes the potential nuisance of the late night use of the rear
parking lot, and in so doing, and further accommodates the very locals that Nesai would like
to attract.
LEGA L:05000-0103/3407262:1
Photo 133 -1: Satellite overview of the site area, including Nesai and Cliff Drive Park with the
hazardous exit marked. This is where all pedestrian traffic flows from Cliff Drive Park and
the surrounding Newport Heights and Cliff Haven residences into the Mariners Mile area.
This area is also used by most of southbound bicycle and skateboard traffic to that area. It is
used because this path is safe. Extended use of the Nesai exit will reduce that pedestrian
traffic.
LEGAL•05000- 0103/3407262.1 10
Receipt 91013304.005
Recreation & Senior Services Dept.
100 Civic Center Drive
Bay E
Newport Beach, CA 92660
Phone: (949) 644 -3151
FAX: (949) 644 -3155
Email: recreation @newportbeachca.gov
JOHN STAUB
Receipt #1013304°005
May 22, 2014 4:14 PM
Prepared By: Elizabeth
Arciniega
Customer ID: 59817
Total Received: '$4,289.00 Total Payments: $4,289.00
Payment Plan: $0
Transactions
Customer Description Charge
3ohn Staub CC Planning Commission Appeal ..54;289.00
Action: Product Sale
ID: 59817
Total Charges $4,289.00
Total Payments $4,289.00
Balance $0
Page 1 of 1
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(949) Work phone: --
Payment Summary_
Check; $4,289.00 Check # 9529
Cash: $0
Credit Card:
$0
Memo: $0
Account:
$0.
Gift Certificate: $0
Financial Aid:
$0
Total Received: '$4,289.00 Total Payments: $4,289.00
Payment Plan: $0
Transactions
Customer Description Charge
3ohn Staub CC Planning Commission Appeal ..54;289.00
Action: Product Sale
ID: 59817
Total Charges $4,289.00
Total Payments $4,289.00
Balance $0
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Thank you for your choosing Newport Beach Recreation & Senior Services. Please visit us .
online at www.newportbeachca.gov
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JOHN STAUS'
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ATTACHMENT CC -2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT
NO. UP2013 -021 FOR AN EATING AND DRINKING
ESTABLISHMENT WITH LATE HOURS OF OPERATION AT 215
RIVERSIDE AVENUE (PA2013 -203)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jeff Hall, representing 217 Riverside Ave Merchants,
with respect to property located at 215 Riverside Avenue, and legally described as
Lot D of Tract 919, including a portion of the abandoned street adjacent, requesting
approval of a conditional use permit for the expansion of an existing restaurant.
2. The applicant requests an amendment to Use Permit No. UP1677 (Amended),
remodeling the existing restaurant currently operating with a Type 47 (On -Sale
General) Alcoholic Beverage Control license, adding an outdoor dining patio,
and extending service to include late hours of operation (after 11:00 p.m.). Also
included is a request to waive a portion of the required parking and approve a
parking management program authorizing off -site parking, annual parking passes
for employees, and valet parking.
3. The subject property is located within the Commercial General (CG) Zoning District
and the General Plan Land Use Element category is General Commercial (CG).
4. The subject property is located within the coastal zone. The Coastal Land Use
Plan category is General Commercial (CG -B).
5. At a noticed public hearing held on May 8, 2014, the Planning Commission
considered the application, plans, and written and oral evidence presented at this
meeting, and approved Use Permit No. UP2013 -021 based on the findings and
conditions of approval in Planning Commission Resolution No. 1943.
6. On May 22, 2014, the Planning Commission's decision to approve Use Permit No.
UP2014 -021 was appealed by Jack Staub and Jade Tran, homeowners at 2911
Cliff Drive. The appeal was filed to review the authorized hours for late night
activities and parking area.
7. The City Council held a public hearing on June 24, 2014, in the City Hall Council
Chambers, 100 Civic Center Drive, Newport Beach, California. The City Council
considered evidence, both written and oral presented at this meeting, and
City Council Resolution No.
Page 2 of 17
affirmed and upheld the Planning Commission's decision and approved Use
Permit No. UP2014 -021.
8. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo,"
meaning that it is a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is categorically exempt pursuant to the State CEQA (California
Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing
Facilities)
2. The proposed project involves the minor alteration of an existing structure. The
additional area associated with the outdoor dining patio consists of 990 square
feet, which is well within the thresholds identified in CEQA Guidelines Section
15301. Therefore, the interior use and outdoor dining patio qualify for a
categorical exemption under Class 1.
SECTION 3. REQUIRED FINDINGS.
Pursuant to Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit
Requirements) of the Newport Beach Municipal Code, eating and drinking establishments
classified as Food Service, Late Hours, require the approval of a conditional use permit
within the Commercial General (CG) Zoning District. The existing establishment operates
pursuant to Use Permit No. UP1677 (as amended September 11, 1989). The requested
extension in the hours of operation, addition of an outdoor dining patio, and new bar are
considered substantial changes in operation that require an amendment to the existing
conditional use permit.
In accordance with Section 20.48.030 (Alcohol Sales), the City Council must make the
following finding for approval of a new alcoholic beverage license:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol
Sales) of the Newport Beach Municipal Code.
Facts in Support of Finding:
1. The project has been reviewed and conditioned to ensure that the purpose and
intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is
maintained and that a healthy environment for residents and businesses is
preserved. While the proposed establishment is located in an area which has a
higher concentration of alcohol licenses than some areas, the restaurant is
appropriate since the existing Type 47 license is already included within the
City Council Resolution No.
Page 3 of 17
statistics provided and the use permit would acknowledge the existing license
type. The subject property's location in relationship to residential zoning districts,
day care centers, hospitals, park facilities, places of worship, schools, other similar
uses and uses that attract minors have been considered. Operational conditions of
approval recommended by the Police Department relative to hours of operation,
the sale of alcoholic beverages, including an Operator License will ensure
compatibility with the surrounding uses and minimize alcohol related impacts.
2. The subject property is located in an area with a variety of land uses including
commercial, retail, residential, and coastal resources. The operational
characteristics have been conditioned to maintain the compatibility of the
proposed use with surrounding land uses.
In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision)
of the Newport Beach Municipal Code, the following findings and facts in support of
such findings are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The expanded eating and drinking establishment with late hours and alcoholic
beverage service is consistent with the General Commercial (CG) land use
designation of the General Plan.
2. The CG designation is intended to provide for a wide variety of commercial
activities oriented primarily to serve local or regional needs. Food Service uses
are expected to be found in this area and are complementary to the surrounding
commercial and residential uses.
3. The project site is not located within a Specific Plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. Eating and drinking establishments classified as Food Service, Late -Hours require
the approval of a conditional use permit within the Commercial General (CG)
Zoning District.
City Council Resolution No.
Page 4 of 17
2. As conditioned, the proposed project will comply with Newport Beach Municipal
Code standards for eating and drinking establishments.
3. The restaurant, outdoor patio, parking management program, and proposed
exterior improvements are consistent with the Mariners' Mile Strategic Vision and
Design Framework. The renovation of the existing restaurant will support local
establishments in the Mariners' Village core, improve the pedestrian streetscape,
and make more efficient use of available parking in the vicinity.
4. Pursuant to Chapter 5.25, an amendment to a use permit requires the operator of
the establishment to secure an Operator License from the Police Department to
maintain operating hours beyond 11:00 p.m. This requirement is included in the
conditions of approval.
Finding:
D. The design, location, size, operating characteristics of the use are compatible
with the allowed uses in the vicinity.
Facts in Support of Finding:
1. Adequate parking is provided for the restaurant during all hours of operation as
designated in the parking management program. A minimum of six parking
spaces are provided for the restaurant's use at the off -site parking lot located
across Riverside Avenue from the property at 2660 Avon Street. Public parking
also exists in the municipal parking lot at 200 Tustin Avenue, which will
accommodate employee parking through the purchase of annual parking passes.
2. The use of the off -site parking with optional valet service reduces any congestion
created by restaurant patrons looking for parking and ensures greater usage of
the off -site parking facility.
3. The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages include the closure of the outdoor
dining patio by 10:00 p.m. will promote compatibility with the surrounding uses by
minimizing alcohol related impacts.
4. The conditions of approval include the requirement that the exterior windows and
doors of the facility be closed after 10:00 p.m. will minimize sound emanating
from the property and causing disturbances to residential land uses in the
vicinity.
5. Because the conditions of approval prohibit live entertainment and dancing;
require that the restaurant close by 12:00 midnight Sunday through Thursday
and by 1:00 a.m. on Fridays and Saturdays; and, use of the outdoor dining patio
City Council Resolution No.
Page 5 of 17
after 10:00 p.m. is prohibited, no disturbance to adjacent residential uses is
anticipated.
6. The proposed use will not necessitate high levels of lighting or illumination and all
outdoor lighting must conform to Newport Beach Municipal Code Section
20.30.070 (Outdoor Lighting).
7. Existing trash storage for the restaurant is provided within a trash enclosure
along Riverside Avenue. The trash enclosure will be modified to provide a solid
decorative roof cover in compliance with Newport Beach Municipal Code
standards for solid waste and recyclable materials storage. The requested
changes to the restaurant operation are not expected to result in an increase in
trash collection activities. A condition of approval has been included requiring the
trash to be kept within the trash enclosure, except during collection.
8. This is an existing restaurant location and is compatible with other commercial
uses in the area. The restaurant also serves as an important visitor - serving use
that benefits the area, which is in furtherance of the City's Coastal Land Use Plan
and the Coastal Act.
Finding:
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. Adequate public and emergency vehicle access, public services, and utilities
exist for the site.
2. The design of the improvements will comply with all Building, Public Works, and
Fire Codes, and will be approved by the Orange County Health Department.
3. Although the site does not provide the minimum number of off - street parking
spaces on -site, sufficient off -site parking will be provided pursuant to the parking
management program to accommodate the needs of the expanded restaurant.
4. The locations of the off -site parking is in close proximity to the restaurant and does
not create a traffic hazard in the surrounding area. A parking agreement will be
recorded providing for the availability of a minimum of six off -site parking spaces
for the restaurant.
City Council Resolution No.
Page 6 of 17
Finding:
F. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The renovations to the existing restaurant facility should have a positive impact
on the area and may promote further revitalization of commercial properties
located in Mariners' Mile.
2. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The limited
hours for the outdoor dining patio hours reduce impacts to residential land uses
nearby and sufficient parking is available in the area to accommodate the
restaurant. The operator is required to take reasonable steps to discourage and
correct objectionable conditions that constitute a nuisance within the facility,
adjacent properties, or surrounding public areas, sidewalks, or parking lots of the
restaurant, during business hours, if directly related to the patrons of the
establishment surrounding residents.
3. In order to maintain late hours, the applicant will be required to obtain an
Operator License from the Police Department. The Operator License will provide
for enhanced control of noise, loitering, litter, disorderly conduct,
parking /circulation, and other potential disturbances resulting from the
establishment, and will provide the Police Department with means to modify,
suspend, or revoke the operator's ability to maintain late -hour operations if
objectionable conditions occur.
4. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub
or an establishment where live entertainment, recreational entertainment or
dancing is permitted. Prohibition of live entertainment, recreational entertainment
or dancing will minimize potential land use conflicts, nuisances, and police
intervention.
In accordance with Section 20.40.100 (Off -Site Parking) of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
Finding:
G. The parking facility is located within a convenient distance to the use it is
intended to serve.
City Council Resolution No.
Page 7 of 17
Facts in Support of Finding:
1. Sixteen parking spaces are available on -site for the restaurant.
2. The applicant has secured an off -site parking for a minimum of six parking
spaces at 2660 Avon Street. The lot is conveniently located across Riverside
Avenue from the subject property 125 feet away.
3. A municipal parking lot providing approximately 88 parking spaces is available
approximately 600 feet to the southeast down Avon Street. A condition of
approval is included requiring the purchase of parking permits on an annual basis
for all ten employees to use this lot.
Finding:
H. On- street parking is not being counted towards meeting parking requirement.
Facts in Support of Finding:
1. On- street parking is not being counted towards meeting the parking requirement.
Adequate parking is available for the restaurant through a combination of on -site
parking (16 spaces), off -site parking (6 spaces), and annual employee parking
passes (10 spaces).
2. Valet parking is optional, and will be utilized if additional parking is necessary.
3. Fifteen off - street parking spaces at 2630 Avon Street and ten on- street metered
spaces in front of the restaurant are available; while these spaces do not officially
contribute to the off- street parking requirement, these spaces will be utilized on
an informal basis.
Finding:
1. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
1. Signage will be provided on -site and at the off -site parking lots to designate the
availability of the off -site parking lots for patrons of the restaurant.
2. The use of the off -site parking, with optional valet service, reduces any
congestion created by restaurant patrons looking for parking and ensures greater
usage of the off -site parking facility.
City Council Resolution No.
Page 8 of 17
3. The City Traffic Engineer has found circulation and access for the optional valet
parking plan to be adequate.
4. The off -site parking lot is located in close proximity across Riverside Avenue from
the subject property.
Finding:
J. The parking facility will be permanently available, marked, and maintained for the
use it is intended to serve.
Facts in Support of Finding:
1. The property owner of 2660 Avon Street will be required to record a parking
agreement for a minimum of six parking spaces. The agreement must be
approved by the Director and City Attorney and recorded with the County
Recorder.
2. Signage will be provided on -site and at the off -site parking lots to designate the
availability of the off -site parking lots for patrons of the restaurant.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
hereby resolves as follows:
SECTION 1: The City Council of the City of Newport Beach does hereby deny the
appeal and upholds and affirms the decision of the Planning Commission to approve Use
Permit No. UP2013 -021 subject to the conditions contained in Exhibit "A," which is
attached hereto and incorporated by reference.
SECTION 2: Conditional Use Permit No. UP2013 -021 (PA2013 -203) replaces
and supercedes Use Permit No. UP1677, which upon vesting of the rights authorized by
this application, shall become null and void.
SECTION 3: This resolution was approved and adopted at a regular meeting of the
City Council of the City of Newport Beach, held on the 24th day of June, 2014, by the
following vote, to wit:
MAYOR
ATTEST:
CITY CLERK
City Council Resolution No.
Page 9 of 17
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The development shall be in substantial conformance with the approved site plan,
floor plans, and building elevations stamped and dated with the date of this
approval. (Except as modified by applicable conditions of approval.)
2. Use Permit No. UP2013 -021 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.54.060 (Time Limits and Extensions)
of the Newport Beach Municipal Code, unless an extension is otherwise granted by
the Director, or the Commission under referral or appeal.
3. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
4. The applicant shall comply with all federal, state, and local laws. Violation of any
of those laws in connection with the use may be cause for revocation of this Use
Permit.
5. This Conditional Use Permit may be modified or revoked by the City Council or
Planning Commission should they determine that the proposed uses or
conditions under which it is being operated or maintained is detrimental to the
public health, welfare or materially injurious to property or improvements in the
vicinity or if the property is operated or maintained so as to constitute a public
nuisance.
6. Any change in operational characteristics, expansion in area, or other
modification to the approved plans, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
7. Should the property be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
8. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the
Planning Division.
9. Prior to the issuance of final building permits, the operator as well as future
operators of the restaurant shall obtain an Operator License pursuant to Chapter
5.25 (Operator License) of the Municipal Code. The Operator License may be
subject to additional and /or more restrictive conditions to regulate and control
potential late -hour nuisances associated with the operation of the restaurant.
City Council Resolution No.
Page 10 of 17
10. The hours of operation for the interior of the restaurant shall be limited between
5:00 p.m. to 11:00 p.m., Monday through Thursday, 5:00 p.m. to 12:00 midnight
Friday, 10:00 a.m. to 12:00 midnight Saturday, and 10:00 a.m. to 11:00 p.m.
Sunday.
11. The restaurant shall be allowed a limited lunch time operation (11:00 a.m. to 5:00
p.m., Monday through Friday) which will include the chef's dining area and chef's
dining patio only (764 square feet of "Net Public Area" only).
12. Service on the outdoor dining patio shall end by 10:00 p.m., daily. The outdoor
dining patio shall be closed by 10:30 p.m., daily.
13. The interior "net public area" of the restaurant shall not exceed 1,183 square feet.
A maximum of 55 seats shall be provided within the interior of the establishment.
14. The accessory outdoor dining shall be used only in conjunction with the restaurant.
The outdoor dining patio shall be limited to 990 square feet in area and provide
seating for no more than 52 persons.
15. The exterior windows and doors of the facility shall be closed after 10:00 p.m.
16. The height of the boundary wall of the accessory outdoor dining area shall be
marked on the approved plans. Fences, walls, or similar barriers shall serve only
to define the outdoor dining area and not constitute a permanent all weather
enclosure. The installation of roof coverings in addition to the proposed cedar
trellis shall not have the effect of creating a permanent enclosure. The use of any
other type of overhead covering shall be subject to review and approval by the
Community Development Director and may require an amendment to this permit.
17. Prior to issuance of building permits, the project plans shall be revised to the
satisfaction of the Planning Division to include the planting of shrubs and
landscaping above the retaining wall behind 2915 Cliff Drive for additional
screening and buffering from adjacent residences.
18. The existing parking lot shall be maintained with approved traffic markers or
painted white lines not less than four inches wide. All sixteen parking spaces on
the site shall be accessible and useable for vehicular parking at all times. A
directional sign shall be maintained designating that parking is available to the
rear of the building.
19. All asphaltic pavement surfaces of the existing parking areas shall be
maintained. No alterations to the existing parking design shall be permitted
without the approval of the City Traffic Engineer.
City Council Resolution No.
Page 11 of 17
20. The restaurant shall comply with the approved Parking Management Program
dated May 8, 2014, and any amendment to the Parking Management Program
shall be subject to the approval of the Community Development Director.
21. An off -site parking agreement, approved as to form by the City Attorney's Office,
shall be recorded prior to the issuance of building permits. The City, applicant,
and property owner of 2660 Avon Street shall be a party to the agreement. The
agreement shall guarantee that a minimum of six (6) parking spaces shall be
provided at 2660 Avon Street (A portion of Lot 42 and all of Lot 43 of Tract 1133)
for the duration of the restaurant use at 215 Riverside Avenue. In the event that
the use of the off - street automobile parking spaces provided for in the agreement
are lost for any reason, the applicant shall notify the Community Development
Director 30 days prior to the loss of the parking spaces. Upon notification that the
agreements for the required off -site parking has terminated, the Director shall
establish a reasonable time in which one of the following shall occur: (a)
Substitute parking is provided that is acceptable to the Director; (b) The size or
capacity of the use is reduced in proportion to the parking spaces lost; (c) The
applicant submits to the Director a new or amended Off -Site Parking Agreement,
giving the applicant the use of at least the same number of parking spaces.
22. Restaurant employees shall park their automobiles in the "Mariners' Mile" municipal
lot. The applicant or operator of the facility shall purchase parking permits for ten
employees on an annual basis for the Mariners' Mile Lot, and shall direct
employees to park in said parking lot.
23. Valet operations shall not impact the public right -of -way. Vehicle staging, drop off
and pick -up shall occur on -site only and the valet pick -up and delivery station
shall not be located in the public- right -of -way.
24. Prior to certificate of occupancy, the applicant shall provide signage on -site
indicating the location of additional parking at the off -site parking lot in locations
acceptable to the Planning Division.
25. All proposed signs shall be in conformance with any approved Comprehensive
Sign Program for the project site and provisions of Chapter 20.42 (Sign
Standards) of the Newport Beach Municipal Code.
26. There shall be no exterior advertising or signs of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages or
signs which are clearly visible to the exterior shall constitute a violation of this
condition.
27. Prior to issuance of building permits, the protect plans shall be revised to the
satisfaction of the Planning Division to include new exterior lighting at the driveway
City Council Resolution No.
Page 12 of 17
entrance on Riverside Avenue to improve visibility and traffic safety during evening
hours.
28. All lighting shall conform to the standards of Section 20.30.070 (Outdoor
Lighting). The Community Development Director may order the dimming of light
sources or other remediation upon finding that the site is excessively illuminated.
29. The operator of the facility shall be responsible for the control of noise generated by
the subject facility including, but not limited to, noise generated by patrons, food
service operations, and mechanical equipment. All noise generated by the
proposed use shall comply with the provisions of Chapter 10.26 and other
applicable noise control requirements of the Newport Beach Municipal Code. Pre-
recorded music may be played in the tenant space, provided exterior noise levels
outlined below are not exceeded. The noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 (Community Noise Control) of the
Newport Beach Municipal Code.
30. That no outdoor sound system, loudspeakers, or paging system shall be
permitted in conjunction with the restaurant facility.
31. Construction activities shall comply with Section 10.28.040 (Construction Activity -
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours
of noise - generating construction activities that produce noise between the hours
of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m.
on Saturday. Noise - generating construction activities are not allowed on
Sundays or Holidays.
32. The existing block wall and storage structure adjacent to the driveway on
Riverside Avenue shall be lowered to a height of 36 inches so as to provide
better sight distance for motorists on the steep driveway.
33. All mechanical equipment and trash areas shall be screened from adjoining
streets.
34. Outdoor storage shall conform to the standards of Section 20.48.140 (Outdoor
Storage, Display, and Activities). Storage outside of the building in the front or at
the rear of the property shall be prohibited, with the exception of the required
trash container enclosure.
35. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise screened from view
of neighboring properties, except when placed for pick -up by refuse collection
agencies. The trash enclosure shall have a decorative solid roof for aesthetic and
screening purposes, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
City Council Resolution No.
Page 13 of 17
36. The applicant shall ensure that the trash dumpsters and /or receptacles are
maintained to control odors. This may include the provision of either fully self -
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Division. Cleaning and maintenance of trash
dumpsters shall be done in compliance with the provisions of Title 14, including
all future amendments (including Water Quality related requirements).
37. Trash receptacles for patrons shall be conveniently located inside of the
establishment. The exterior of the business shall be maintained free of litter and
graffiti at all times. The owner or operator shall provide for daily removal of trash,
litter debris and graffiti from the premises and on all abutting sidewalks within 20
feet of the premises.
38. Deliveries and refuse collection for the facility shall be prohibited between the
hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the
Community Development Director, and may require an amendment to this Use
Permit.
39. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance within the facility, adjacent
properties, or surrounding public areas, sidewalks, or parking lots of the restaurant,
during business hours, if directly related to the patrons of the establishment
surrounding residents.
40. A copy of this resolution shall be incorporated into the Building Division and field
sets of plans prior to issuance of the building permits.
41. Prior to issuance of building permits, the applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Conditional Use Permit file. The plans shall be identical to those approved by all
City departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11 inches bV 17 inches.
The plans shall accurately depict the elements approved by this Conditional Use
Permit and shall highlight the approved elements such that they are readily
discernible from other elements of the plans.
42. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of the
Nesai Conditional Use Permit including, but not limited to, the Conditional Use
Permit No. UP2013 -021 (PA2013 -203). This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorneys'
City Council Resolution No.
Page 14 of 17
fees, and other expenses incurred in connection with such claim, action, causes of
action, suit or proceeding whether incurred by applicant, City, and /or the parties
initiating or bringing such proceeding. The applicant shall indemnify the City for all
of City's costs, attorneys' fees, and damages, which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Police Department Conditions
43. The approval is only for the establishment of an eating and drinking establishment
as defined by Title 20 of the Municipal Code, with the principal purpose for the sale
or service of food and beverages with sale and service of alcoholic beverages
incidental to the food use.
44. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be a Type 47 (On -Sale General) in conjunction
with the service of food as the principal use of the facility. Any upgrade in the
alcoholic beverage license shall be subject to the approval of an amendment to
this application and may require the approval of the Planning Commission.
45. Approval does not permit the premises to operate as a bar, tavern, cocktail
lounge, or nightclub as defined by the Newport Beach Municipal Code.
46. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the scheduled closing time.
47. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
48. The operator of the establishment shall not share any profits or pay any
percentage or commission to a promoter or any other person based upon monies
collected as a door charge, cover charge, or any other form of admission charge,
including minimum drink orders or the sale of drinks.
49. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of food during the same period. The licensee shall at all times maintain records,
which reflect separately the gross sales of food and the gross sales of alcoholic
beverages of the licensed business. These records shall be kept no less
frequently than on a quarterly basis and shall be made available to the Police
Department on demand.
50. There shall be no on -site radio, televisions, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include
the service of alcoholic beverages, without first obtaining an approved Special
Event Permit issued by the City of Newport Beach.
City Council Resolution No.
Page 15 of 17
51. There shall be no live entertainment or dancing allowed on the premises.
52. Strict adherence to maximum occupancy limits is required.
53. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of the approved use, as conditioned, or
that would attract large crowds, involve the sale of alcoholic beverages, include
any form of on -site media broadcast, or any other activities as specified in the
Newport Beach Municipal Code to require such permits.
54. Any event or activity staged by an outside promoter or entity, where the
applicant, operator, owner or his employees or representatives share in any
profits, or pay any percentage or commission to a promoter or any other person
based upon money collected as a door charge, cover charge or any other form of
admission charge is prohibited.
55. All owners, managers and employees selling alcoholic beverages shall undergo
and successfully complete a certified training program in responsible methods
and skills for selling alcoholic beverages. The certified program must meet the
standards of the California Coordinating Council on Responsible Beverage
Service or other certifying /licensing body, which the State may designate. The
establishment shall comply with the requirements of this section within 180 days
of the issuance of the certificate of occupancy. Records of each owner's,
manager's and employee's successful completion of the required certified
training program shall be maintained on the premises and shall be presented
upon request by a representative of the City of Newport Beach.
Fire Department Conditions
56. Areas or rooms with occupant loads of more than 50 persons will require two exits.
Exits must be arranged as per California Fire Code Section 1015.2.1.
57. All cooking areas shall provide a Type I hood and an automatic fire extinguishing
system.
58. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or
electric heaters are allowed if installed per their listing and the California Electrical
or Plumbing Code.
Building Division Conditions
59. Window openings are shown in the exterior wall parallel to Avon Street, which are
not shown on the last approved plan from 1983. New openings are proposed in the
wall between the restaurant/dining space and kitchen and the northeast exterior
wall at the rear of the kitchen has been altered. These walls shall be analyzed by a
City Council Resolution No.
Page 16 of 17
civil /structural engineer for consideration of decreased capacity due to new
openings, compared with seismic demand on them in accordance with the 2013
CBC.
60. Minimum 1 -hour rated construction shall be provided at the patio structure within
the 10 -foot width of the exit discharge between building exit doors and the public
sidewalk. Refer to CBC 1027.5.2 and CBC 1002 for definition of 'yard' (open to
sky).
61. The applicant is required to obtain all applicable permits from the City's Building
Division and Fire Department. A building permit is required to allow the change in
use to an eating and drinking establishment. The construction plans must comply
with the most recent, City- adopted version of the California Building Code. The
construction plans must meet all applicable State Disabilities Access requirements.
Complete sets of drawings including architectural, electrical, mechanical, and
plumbing plans shall be required at plan check.
62. Approval from the Orange County Health Department is required prior to the
issuance of a building permit.
63. Public sanitation facilities shall be available to the general public (patrons) during
regular business hours of the operation, unless otherwise approved by the Building
Division.
64. If required, a grease interceptor shall be installed prior to the establishment opening
for business to the satisfaction of the Building Division.
65. A covered wash -out area for refuse containers and kitchen equipment, with
minimum useable area dimensions of 36- inches wide, 36- inches deep and 72-
inches high, shall be provided, and the area shall drain directly into the sewer
system, unless otherwise approved by the Community Development Director and
Public Works Director in conjunction with the approval of an alternate drainage
plan.
Public Works Conditions
66. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
67. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk
panels, curb /gutter, and driveway along the Avon Street frontage.
68. All existing private, non - standard improvements within the public right -of -way
and /or extensions of private, non - standard improvements into the public right -of-
way fronting the development site shall be removed.
City Council Resolution No.
Page 17 of 17
69. All new and existing water services shall be protected by a City approved
backflow assembly.
70. All new and existing sewer laterals shall have a sewer cleanout, installed with a
traffic -grade box and cover, located on the public side of the property line.
71. An encroachment permit is required for all activities within the public right -of -way.
72. The trellis eave shall not encroach more than 1 -foot into the adjacent right -of-
way.
73. All improvements shall comply with the City's sight distance requirement. See
City Standard 110 -L and Municipal Code 20.30.130.
74. In case of damage done to public improvements surrounding the development
site by the private construction, additional reconstruction within the public right -
of -way could be required at the discretion of the Public Works Inspector.
75. All on -site drainage shall comply with the latest City Water Quality requirements.
76. All unused water services to be abandoned shall be capped at the main
(corporation stop) and all unused sewer laterals to be abandoned shall be
capped at property line.
77. The proposed patio shall be constructed on private property.
78. At a minimum, a 6 -foot sidewalk shall be maintained along Avon Street.
79. The parking lot configuration shall be consistent with the previously approved
Use Permit No. UP1677 (Amended 1983).
80. The patio overhang shall be covered under a building permit in order to be
consistent with Council Policy. If any portion of the overhang is within the public
right -of -way, an encroachment permit is required. If an encroachment permit is
approved, the patio overhang shall not encroach more than 1 -foot over the public
sidewalk and must maintain a minimum vertical clearance of 8 feet.
81. The storage area adjacent to Riverside Avenue shall be lowered to a height of 36
inches in order to comply with sight distance requirements at the intersection of
the driveway and Riverside Avenue.
82. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
ATTACHMENT CC -3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH REVERSING THE DECISION OF THE
PLANNING COMMISSION AND DENYING CONDITIONAL USE
PERMIT NO. UP2013 -021 FOR AN EATING AND DRINKING
ESTABLISHMENT WITH LATE HOURS OF OPERATION AT 215
RIVERSIDE AVENUE (PA2013 -203)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jeff Hall, representing 217 Riverside Ave Merchants,
with respect to property located at 215 Riverside Avenue, and legally described as
Lot D of Tract 919, including a portion of the abandoned street adjacent, requesting
approval of a conditional use permit for the expansion of an existing restaurant.
2. The applicant requests an amendment to Use Permit No. UP1677 (Amended),
remodeling the existing restaurant currently operating with a Type 47 (On -Sale
General) Alcoholic Beverage Control license, adding an outdoor dining patio,
and extending service to include late hours of operation (after 11:00 p.m.). Also
included is a request to waive a portion of the required parking and approve a
parking management program authorizing off -site parking, annual parking passes
for employees, and valet parking.
3. The subject property is located within the Commercial General (CG) Zoning District
and the General Plan Land Use Element category is General Commercial (CG).
4. The subject property is located within the coastal zone. The Coastal Land Use
Plan category is General Commercial (CG -B).
5. At a noticed public hearing held on May 8, 2014, the Planning Commission
considered the application, plans, and written and oral evidence presented at this
meeting, and approved Use Permit No. UP2013 -021 based on the findings and
conditions of approval in Planning Commission Resolution No. 1943.
6. On May 22, 2014, the Planning Commission's decision to approve Use Permit No.
UP2014 -021 was appealed by Jack Staub and Jade Tran, homeowners at 2911
Cliff Drive. The appeal was filed to review the authorized hours for late night
activities and parking area.
7. The City Council held a public hearing on June 24, 2014, in the City Hall Council
Chambers, 100 Civic Center Drive, Newport Beach, California. The City Council
considered evidence, both written and oral presented at this meeting, and
City Council Resolution No.
Page 2 of 2
reversed the Planning Commission's decision and denied Use Permit No.
U P2013 -021.
8. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo,"
meaning that it is a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA)
Guidelines, projects which a public agency rejects or disapproves are not subject to
CEQA review.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.E (Findings and Decision) of the Zoning Code,
nonconforming uses may be expanded or intensified subject to the approval of a
conditional use permit. The City Council may approve a conditional use permit only after
making each of the five required findings set forth in Section 20.52.020.F (Findings and
Decision). In this case, the City Council was unable to make the required findings based
upon the following:
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
NOW THEREFORE, the City Council of the City of Newport Beach, California,
hereby resolves as follows:
SECTION 1: The City Council of the City of Newport Beach does hereby reverse
the decision of the Planning Commission and denies Use Permit No. UP2013 -021.
Existing Use Permit No. UP1677 shall remain in full force and effect.
SECTION 2: This resolution was approved and adopted at a regular meeting of the
City Council of the City of Newport Beach, held on the 24th day of May, 2014, by the
following vote, to wit:
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NEWPORT BEACH PLANNING COMMISSION MINUTES
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CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES
Council Chambers —100 Civic Center Drive
Thursday, May 8, 2014
REGULAR MEETING
6:30 p.m.
CALL TO ORDER - The meeting was called to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE — Commissioner Myers
ROLL CALL
PRESENT: Brown, Hillgren, Kramer, Lawler, Myers, and Tucker
ABSENT: Ameri (Excused)
5/8/14
Staff Present: Kimberly Brandt, Community Development Director; Brenda Wisneski, Deputy Director,
Community Development; Michael Torres, Assistant City Attorney; Tony Brine, City Traffic Engineer; Brittany
Ramirez, Administrative Technician; Makana Nova, Assistant Planner; Melinda Whelan, Assistant Planner; and
Marlene Burns, Administrative Support Specialist
PUBLIC COMMENTS
Chair Hillgren invited those interested in addressing the Planning Commission on items not on the agenda, to do
so at this time.
Jim Mosher commented on preserving audio recordings of meetings and the importance of maintaining a
good record of proceedings. He reported the posting of the May 13, 2014, City Council agenda and noted
that an item under the Consent Calendar pertains to consideration of a new records retention schedule and
that under same; recommendations are for the Planning Commission's recordings to be maintained for one
(1) year. He encouraged the Planning Commission to consider retaining them for a longer period. He hoped
that the Commission will make their comments to Council regarding the matter.
Seeing no one else wishing to speak, Chair Hillgren closed public comments.
REQUEST FOR CONTINUANCES - None
CONSENT ITEMS
ITEM NO. 1 MINUTES OF APRIL 3, 2014
Chair Hillgren reported receiving written comments with corrections to the minutes of April 3, 2014.
Chair Hillgren opened public comments.
Seeing no one wishing to speak, Chair Hillgren closed public comments for this item.
Motion made by Vice Chair Tucker and seconded by Commissioner Brown and carried (6 — 0) to approve the
minutes of April 3, 2014, as corrected.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Brown, Hillgren, Kramer
None
None
Ameri
Lawler, Myers, and Tucker
Page 1 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14
VII. PUBLIC HEARING ITEMS
ITEM NO.2 NESAI RESTAURANT (PA2013 -203)
Site Location: 217 Riverside Avenue
Assistant Planner, Makana Nova, provided a presentation with a description of the proposed restaurant
renovation and addressed location, the existing Use Permit, surrounding properties, the request to extend the
hours of operation, the proposed outdoor covered patio, and the request for a parking management program.
Ms. Nova presented details of on -site and off -site parking and noted that a formal agreement for parking at 2660
Avon Street will be required. Without valet service the restaurant has just enough parking. Ms. Nova
recommended closure of the outdoor dining patio at 10:00 p.m. She added that the outdoor patio is generating
the requirement for 16 additional parking spaces. Ms. Nova addressed the CEQA exemption and presented
recommendations as stated in the report. She added that if approved, the appeal period would end on May 22,
2014, and they would move on to construction design and construction permitting.
Commissioner Brown commented on the number of seats and occupancy load and asked for clarification.
Ms. Nova reported that the total number of seats is 107 and that occupant load is 151 offering additional
occupancy for employees.
In response to Commissioner Brown's inquiry regarding the parking management program and the indefinite
agreement related to the off -site parking lot, Ms. Nova reported that the City will require a formal agreement
since it provides required parking. An agreement will not be required for the other parking lot as that will provide
extra parking. Commissioner Brown noted that parking seems confusing and wondered how patrons will know
where to park. Ms. Nova responded that Conditions of Approval are in place regarding signage for the
availability of the off -site lots. If the applicant chooses to provide valet, it will be done on the property with
parking on the off -site lots.
Secretary Kramer stated that the entire application centers around the parking issue and asked if the applicant
will consider double- stacked elevator lifts for their parking on this project. Ms. Nova stated that staff did not
believe it is necessary considering valet parking and the additional off -site lots.
In response to Vice Chair Tucker's inquiry regarding requirements that food be served during specific hours, Ms.
Nova stated that there is a Condition of Approval in place requiring that food service shall be available to patrons
up to thirty (30) minutes before closing time. Vice Chair Tucker expressed concerns with the possibility of it
becoming a bar later at night.
In response to Chair Hillgren's inquiry regarding a parking management plan and proposed parking for
employees and patrons, Ms. Nova acknowledged that there is a parking management plan in place (Attachment
9). She added that employees will park in the municipal lot at 200 Tustin Avenue and that they are required to
purchase annual parking passes.
Chair Hillgren commented on the parking management plan noting that it was a restatement of the conditions
and noted a clause that states that the property owner of the off -site parking lot may terminate the arrangement
at anytime.
Ms. Nova acknowledged that off -site parking is difficult, particularly in this case since the applicant does not own
the off -site lot. She added that the property owner of the lot has the right to terminate the agreement, in which
case, the applicant would need to work with staff to develop another parking solution.
Discussion followed regarding how it would be known that there is an issue.
Community Development Deputy Director Wisneski reported that the required parking is being satisfied under
the current configuration, with valet parking as an option. Additional parking is not being required and would be
up to the discretion of the business owner to determine whether his patrons are having difficulty locating parking.
Commissioner Brown commented on the Condition of Approval regarding signage and asked if the City provides
the applicant guidance on where to place the signs. Ms. Nova reported that signage is required prior to the
Page 2 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES
5/8/14
issuance of building permits and that staff will review whether they are located adequately. The location of the
signs would be identified on the plans.
Commissioner Lawler commented on the "indefinite" off -site parking but noted that the property owner could
terminate the agreement at any time so that it is really not "indefinite ". Ms. Nova responded that there is no end
date to the agreement at this time but the property owner has the right to remove those spaces and the applicant
would then have thirty (30) days in which to provide alternative parking.
In response to Commissioner Brown's inquiry, Ms. Nova reported that valet parking is not currently required but
could be if the Commission so desired. She added that staff received a valet plan for the on -site lot but that the
Traffic Engineer has not reviewed it fully.
Secretary Kramer commented on the issue of extended hours and how that impacts the local area. He stated
that the Police report would be helpful in determining whether the application satisfies Police requirements. Ms.
Nova responded that both Planning and Police staff have reviewed the application and that approval of the
proposal is recommended with the patio closing at 10:00 p.m. She noted the attendance of Detective John
Thulin with the Newport Beach Police Department.
Detective Thulin reported that while he does not know the applicant, he inspected the business relative to the
proposed patio. He reported that there have been no calls for service related to that restaurant, that it has
operated as a restaurant since 1973 and that it has had no problems since that time. Detective Thulin reported
that he was impressed with the applicant and his reputation and that he considered other restaurants in which he
is involved. He added that the subject building is in need of renovation and that his main concern was the
outside. When he understood the proposed plans his only concern was the late hours of operation in relation to
the patio. Detective Thulin addressed the design of the patio, which was meant to reduce the noise emitted and
also reduce the noise from the street coming into the restaurant. He stated that a lot of detail and thought was
put into the plans. He indicated that he and the Police Department felt that 10:00 p.m. was a reasonable time to
close the patio and bring the patrons from the outside to the inside.
In response to Secretary Kramer's question, Detective Thulin expressed approval of the late closing on Friday
and Saturday nights. He added that the report specifies that they are not to operate as a nightclub, tavern, or bar
in the evening hours. If it does not maintain itself as a restaurant, it would be in violation of the Police
Department's recommendations. He reported that the restaurant will also be subject to an operators license
which is governed by the Police Department. If they operate outside the guidelines, the Police have authority to
take action against them. The 10:00 p.m. closing of the patio is in keeping with typical conditions placed on other
restaurants especially given the proximity to residential areas.
Commissioner Myers stated he does not see a material difference between 10:00 p.m. and 10:30 p.m. and that
the attempt to screen noise is substantial. He stated he remains open- minded to the applicant's request to close
the patio at 10:30 p.m.
Ms. Nova reported that the Citys noise standards change at 10:00 p.m.
Vice Chair Tucker expressed concerns with the late closure on Friday and Saturday nights and questioned the
feasibility of serving food at such late hours.
Detective Thulin reported that the applicant's intention is to cater to service providers who get off work late and
would like to provide them with upscale food at a later hour. He added that many restaurants around Fashion
Island are open until 1:00 a.m. or 2:00 a.m. on Fridays and Saturdays and they are primarily restaurants. If they
were to start operating as a bar, the operator's license terms would give the Police authority to take action
against them. He added that the Police Department works hand -in -hand with ABC.
Chair Hillgren opened the Public Hearing and asked the applicant forward.
Jeffrey Hall, applicant, stated he understands the concerns regarding late hours of operation but that with the
changing economy and demographics there is a need to remain open later. In relation to a restaurant they
operate in downtown Santa Ana, he reported that 10 percent of their sales occur after 10:00 p.m. He reported
that they pride themselves in sourcing locally grown food, hiring and community involvement having helped raise
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NEWPORT BEACH PLANNING COMMISSION MINUTES
5/8/14
over $500,000 for local charities. Mr. Hall addressed the proposed design of the interior of the restaurant,
receipt of numerous awards as restaurateurs and operators and their safety and alcohol plans. Additionally, he
reported that they are taking an existing use and giving it a "refresh" noting that in the Mariner's Mile Plan and in
the Land Use Ordinance, if a business is being underutilized or is underperforming, it encourages development
of the area and creating more foot traffic. He addressed parking and signage, engaging patrons, use of off -site
parking, having backup plans for parking, parking passes for employees, valet if needed, and encouraging
bicycle riders and the patio. Regarding the patio, he addressed the restaurant's need to stay open for later hours
to accommodate late night diners since a large proportion of the seating is located outside. He proposed shutting
off service to the patio at 10:30 p.m. and addressed efforts to mitigate sound on the patio. Mr. Hall reported that
no entertainment is being proposed and noted that many in the community support their project.
In response to Chair Hillgren's inquiries, Mr. Hall reported on his experience and background in the restaurant
industry noting that he loves what he does and he is not in the business of selling restaurants.
Brion Jeannette, representing several community members, spoke in support of the proposed project and
reported that parking is not an issue as he can walk to the restaurant. He expressed concerns regarding the
hours of operation adding that there are sensitive residential uses nearby. He reported they are presently re-
landscaping Cliff Drive Park to augment greater use of the park by families. He indicated that residents hear
action from the Avon area at all hours of the morning but that it normally lasts only a few minutes. He reiterated
that they are supportive of the restaurant but are concerned with extending the hours of operation until 1:00 a.m.
He agreed with closing the patio area at 10:00 p.m. and reported that sound travels up the hill very quickly.
Hal Woods reported that Nesai has been a good restaurant for the area and stated support for the project but
expressed concerns with the extended hours of operation particularly with almost doubling the expansion of the
restaurant and the outside dining. He believed that the hours of operation should be limited to the same hours of
operation of the majority of restaurants in the area which is typically 10:00 p.m. or 11:00 p.m. He noted that
restaurants in Fashion Island are not adjacent to residential neighborhoods. Additionally, he suggested that
parking needs further study and supported closing the patio area at 10:00 p.m. He commented on sound
attenuation efforts and asked if there has been an acoustical study done. He added that potted plants and an
open trellis do not lower the decibels from an acoustical standpoint. He stated that residents are concerned that
people will gravitate to restaurants that are open later in the evening and feared that it will become a nightclub or
drinking establishment.
Phil Becerra, Planning Commissioner for the City of Santa Ana, spoke in support of the proposed project and
reported that Santa Ana has granted two (2) Conditional Use Permits to the applicant and his partner and is very
happy with their businesses performance. He commented on their capabilities and efforts.
Jade Tran spoke in support of the proposed project but expressed concerns regarding the extended hours of
operation. She expressed safety concerns related to vehicles driving out of the parking lot in the late night hours
possibly hitting pedestrians and bicyclists and believed there has not been enough consideration given to safety
and how it will impact the neighborhood. Additionally, with the extended hours of operation, she stated there will
be a higher probability of drunk driving and people not paying attention coming out of the parking lot.
Ned McCune expressed concerns regarding employee parking and stated that the applicant should be required
to have permits for every employee on his payroll noting that those who do not would have to park on the street.
He added that if this is addressed he would support the project and that there will be more than ten (10) parking
permits needed.
Jim Mosher commented on the discrepancy between the occupancy load and the number of seats in the
restaurant. In terms of parking, he noted that to justify off -site parking, same must be permanently available and
an agreement that can be revoked does not seem to be very permanent. He addressed the Conditions of
Approval relative to the hours of operation of the patio as it relates to office uses and suggested specifying the
starting time at 5:00 p.m. and that although they specify that windows and doors will be closed at 10:00 p.m. to
mitigate noise, they do not indicate when windows and doors can be reopened.
Wyatt Mitchum acknowledged the attendance of students from Newport Harbor High School and expressed
appreciation for the professionalism shown in the present proceedings. He reported that other restaurants in the
area close at 10:00 p.m. and wondered if Mr. Hall is seeking the after -hours overflow. He stated that he supports
Page 4 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES
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the restaurant as is, but expressed concerns with the extended hours of operation. He believed that patrons will
be going to the restaurant during late hours to drink alcohol and not for the food. He felt that it will become a bar
with increased noise.
Sandra Ayres reported that her neighbors are enthusiastic about a new restaurant but are concerned regarding
the late hours of operation. She noted that the Santa Ana and Orange restaurants are not adjacent to
residences. She did not believe that simply because there have been no problems with the operation that the
hours should be extended. She expressed concerns that while the patio area will be closed to service, it does
not mean that it will necessarily be closed. She believed that people who will patronize the restaurant after 10:00
p.m. will be drinking alcohol.
Portia Weiss expressed concerns regarding the extended hours of operation noting that the applicant's other
restaurants serve a different demographic. She reported that Newport Beach is a sleepy community and
expressed concerns regarding noise, parking, and drunk driving through the Heights. She opined that no one
eats after 10:00 p.m. and felt that patrons will be mostly drinking alcohol after 10:00 p.m.
Tom Baker opined that the proposed project will expand the restaurant into a bar. He wondered how many
Police calls are received from restaurants where the hours are extended to 1:00 a.m. or 2:00 a.m. He asked the
Planning Commission to not expand the hours of operation and expressed concerns regarding parking.
Additionally, he inquired regarding the percentage of parking that is being waived noting that every time parking
requirements are waived, the neighborhood is negatively impacted as people will park on residential streets. He
noted the need for firm agreements regarding parking as well as appropriate signage indicating employee and
customer parking. He asked regarding the projected number of employees at the restaurant to determine how
many parking spaces they will be taking up. He hoped that individual Commissioners will not approve the project
but return it to staff and obtain community input.
Chair Hillgren reported that the Planning Commission is not being asked to approve a parking waiver as that
occurred many years ago. The Planning Commission is being asked to approve a plan to deal with needed
additional parking spaces.
In response to Mr. Baker's inquiry, Assistant Planner Nova reported that fifteen (15) parking spaces were
previously waived.
Chair Hillgren closed the Public Hearing.
Commissioner Lawler expressed concerns regarding parking as the owner of the off -site parking lot can
terminate the agreement at any time with thirty (30) days' notice. He recommended that the applicant obtain a
permanent agreement from the owner of the off -site parking lot or one requiring a longer - termed notice.
Chair Hillgren asked for clarification regarding whether the patio will be closed or closed -to- service.
Assistant Planner Nova reported that the applicant is proposing a closed -to- service patio whereas staff is
recommending full closure of the patio at 10:00 p.m.
Secretary Kramer commented on noise mitigation design and asked for clarification from the designer
Eric Beneker, designer, reported that an acoustic study was done which resulted in compliance with City noise
regulations and was included in the staff report. He added that it is compliant as the patio currently exists. He
added that the patio faces away from neighbors and does not take into account the proposed trellis and planters.
He reported there will be no speakers outside and that the restaurant is not a nightclub or a gastro pub.
Chair Hillgren raised the issue of the parking lot behind the building and people getting in and out of their cars.
Mr. Beneker agreed that the related noise would be an issue.
Mr. Hall reported that staff required a recorded parking agreement be in place with the owner of the off -site
parking lot. He added that the off -site lot at 2660 Avon Street has been family owned for generations and he
does not see the owner selling the property any time soon. Additionally, he referenced emails received from
Page 5 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES
5/8/14
residents in support of the project and proposed adjusting the hours of operation to 11:00 p.m. weeknights and
12:00 midnight on weekends in order to move the project forward and not postpone it.
In response to Commissioner Myers's inquiry regarding the parking agreement, Mr. Hall reported that the
agreement will run with the land.
Community Development Deputy Director Wisneski clarified that the parking arrangement is not an easement
but rather, an agreement including both property owners and the City. The City would then be privy to any
changes to that agreement. She added that these agreements are needed and common throughout the City.
Commissioner Lawler requested clarification that the off -site parking facility will be "permanently" available.
Ms. Wisneski reported that flexibility exists in terms of the operations being modified to ensure that parking
requirements are satisfied. She added that situations such as this have occurred throughout the City.
Mr. Hall stated that the additional parking requirements were triggered by the use of the patio and that in the
worst -case scenario, if they were to lose access to the off -site parking lot, they would close the patio.
Chair Hillgren stated that staff may be able to come up with a solution. He asked regarding the number of
employees at any one time and Mr. Hall stated he has yet to determine same. He estimated five (5) to fifteen
(15) employees at any one time.
In terms of vehicle interaction with pedestrians, Ms. Nova reported that the Public Works Department reviewed
the on -site parking and circulation and that the existing wall was identified as a sight/distance issue and that the
applicant has agreed to reduce the height of the wall to improve sight distance and visibility.
Regarding start and re -open times, Ms. Nova reported that they were not called out in the Conditions of Approval
as there are varying start times for the patio but that staff can include them accordingly.
Mr. Hall stated the idea is to not cut people's dinner short and noted that by fulfilling ADA requirements the
restaurant lost a considerable amount of interior space so therefore, would like to have the patio opened until
closing. He agreed with having food service end in the patio at 10:00 p.m. and closing it at 10:30 p.m.
Motion made by Secretary Kramer and seconded by Commissioner Brown and carried (6 — 0) to adopt a
resolution approving Conditional Use Permit No. UP2013 -021 subject to the conditions of approval provided
in the draft resolution and superseding Use Permit No. UP1677 with changes to reflect that the patio will end
food service at 10:00 p.m. and will close at 10:30 p.m., that the interior of the restaurant will be open until
11:00 p.m. on weeknights and until 12:00 midnight on Friday and Saturday nights, and that the off -site
parking agreement include both the business owner, off -site property owner, as well as the City.
Vice Chair Tucker stated he will support the motion noting the requirements of the Operator's License and the
Use Permit are acceptable with the earlier hours.
Commissioner Lawler indicated he will support the motion as there is precedent throughout the City related to
the parking agreement.
Vice Chair Tucker commented on the parking agreement and that if the off -site parking is lost, the restaurant will
lose capacity which will address the real parking issue.
Chair Hillgren thanked those who spoke regarding this matter and stated that he believes the applicant will be a
great neighbor.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Brown, Hillgren, Kramer
None
None
Ameri
Lawler, Myers, and Tucker
Page 6 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14
ITEM NO. 3 MEDICAL OFFICE PARKING MODIFICATION APPEAL (PA2013 -228)
Site Location: 441 Old Newport Boulevard
Community Development Director Kimberly Brandt introduced the matter and deferred to staff for a report.
Assistant Planner Melinda Whelan provided an overview of the proposed project addressing parking, existing
conditions, car lifts, architectural features of the parking site, background, approval by the Zoning Administrator
subject to required Conditions of Approval, an overview of the conditions, landscaping, approval of construction
materials by staff and a requirement for a parking management plan.
In response to Commissioner Myers's inquiry, Ms. Whelan addressed the accurate square footage of the
structure noting that it meets Code requirements. The building will not be occupied if it does not meet the final
approved plans. Additionally, she addressed the parking ratio for the use.
Secretary Kramer stated that he appealed the application because given its history; he believed that the item
rose to the level of being heard by the Planning Commission. He added that the issue of how the parking works
is critical.
Chair Hillgren added that it is a question of aesthetics and function. He opined on the general circulation of the
parking and asked for clarification.
City Traffic Engineer Tony Brine stated he is unsure as to the difference it would make in terms of entering in one
driveway and exiting another. He added that upon review of the plan, he did not have concerns with the
circulation layout. Additionally, he noted that the number and location of handicapped parking is appropriate.
In response to Chair Hillgren's inquiry regarding the need for a roof in the parking design, Ms. Brandt reported
that staff wanted to ensure that this was a long- lasting structure with concerns with exposure of the vehicle lifts to
the elements and uncertainty as to how trees would age over time in relationship to screening.
Discussion followed regarding the City's experience with car lifts.
Chair Hillgren opened the Public Hearing.
Lyle Overby, representing Ocean View Medical Investors, provided a presentation addressing the proposed
enclosed lifts; lifts in the Lido Fun Zone, a video of the operation of the proposed lifts, Conditions of Approval, the
importance and expansion of Hoag Hospital and the need for additional parking, compliance with the City's
Municipal Code, existing trees, landscaping, screening, surrounding properties, visibility and enclosure of the
lifts, the valet as a function of utilizing the lifts and removability of the lifts.
In response to Vice Chair Tucker's inquiries, Mr. Overby reported that each lift operates independently. He
added that they are simple and reliable and that if anything would break on them it would be the hydraulics.
Dave Gagliotto, The Lift Guy, reported that he maintains and operates the lifts at the Fun Zone and that he will
install and maintain the subject lifts, if approved. He added that the lifts will be maintained every six (6) months
which will include changing the hydraulic oil and doing a lift inspection.
Vice Chair Tucker suggested including a requirement for a maintenance contract for each lift be included in any
Conditions of Approval.
In response to Chair Hillgren's questions, Mr. Gagliotto reported that the lifts at the Fun Zone are operated by
three people and work in conjunction with valet parking. Parking could be overnight or short-term.
Mr. Overby noted that information regarding the operation of the lifts is included in the report and that the lifts will
be managed by their staff. The valet will be primarily attending the lifts and self - parking will not be encouraged.
Mr. Gagliotto reported that it takes approximately 60 seconds from the time the keys are handed to the attendant
to the time the car is placed on the lift.
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Mr. Overby reported that generally, employees will be parked in the top section of the structure along with long-
term users.
It was noted that this was a compliant medical building parking structure prior to 2005 when the Cade changed.
Ms. Brandt reported that the structure could have accommodated all uses prior to the Code change in 2005.
Brion Jeannette opined that this is almost like granting a variance noting that the proposed increase in parking is
allowing the building to get bigger by adding lifts. He expressed concerns that this could set precedent as well
as with aesthetics. He did not believe that this is in keeping with the aesthetics of Old Newport Boulevard. He
addressed the trees on the northern side of the property and felt that they will likely die as a result of installing a
foundation nearby.
Richard Haskell, M.D. expressed concerns with setting precedent with lifts on Old Newport Boulevard and
opined that people will park on the street instead of using the lifts or park on his property. He added there are
many small lots on Old Newport Boulevard that cannot be built for medical since they do not have adequate
parking. He expressed concerns with the aesthetics and decreases in property values.
Aidan Raney, M.D. addressed the parking requirements for the Ocean View Medical Building as it pertains to the
square footage of the building and agreed that parking is a problem in the area. He commented on the
aesthetics and functionality of lifts and reported that the Fun Zone lifts are managed by employees who are there
around the clock and are responsible for parking the cars. He expressed concerns that the parking area will be
unmanned and encouraged the Planning Commission to consider the matter carefully.
Dr. Levin agreed that parking is an issue and expressed concerns with access to emergency vehicles. He
added that space is tight in all of the office buildings in the area and questioned the logistics and aesthetics of the
parking structure and lifts.
Jim Mosher agreed that this is a matter that merits being weighed and decided by a citizen's panel and not left to
the sensibility of a single staff person. He expressed concerns with the project in terms of setting precedent
noting there are many businesses in the City that have parking problems. Additionally, he suggested there may
be other alternatives for solving the problem including using the building in a way that could satisfy parking
requirements. He noted that building a parking structure would be more expensive, that the lifts would be
cheaper and that residents do not want "cheaper'. He reported that one of the Council Members was skeptical.
He also was not sure everyone would think of lifts as parking spaces.
Sandy Haskell spoke in opposition to the project and noted that the lifts used at the Fun Zone are not there to
fulfill a parking requirement. She added that it is a business and is completely enclosed inside a structure and is
not the only option for parking. She quoted from the Land Use Plan for the area and questioned the justification
for allowing the proposed parking style. She did not believe people will be amenable for parking on the lifts and
stated they will require a parking attendant, an uninterrupted power source and maintenance. Additionally, she
stated that the applicant is asking for special treatment and is seeking a way around the rules.
Discussion followed regarding the ownership of the property and their experience with lifts of this kind.
John Brat reported he owns various medical buildings in different cities and have not had to use lifts for parking.
He stressed that the lifts will not be used by the public but will be for long -term parking and staff. Two (2) valet
parking attendants will be on site at all times and that the lifts will be maintained properly. He added that most of
the building has already been committed to in terms of tenants, but nothing has yet been executed pending the
Planning Commission's ruling. The building will be mostly medical and office uses. He addressed traffic to the
building and reported that they will be under long -term leases.
Mr. Overby reported that the doctors that will lease the building will understand what they are leasing. He
addressed the square footage of the building and stated that building a parking structure on the property is not
feasible. Cars will not drip as they will sit on a pan. He reported that the applicant acquired the building in 2005
and that it was occupied by the owner of the building and was an office building.
Chair Hillgren closed the Public Hearing.
Page 8 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES
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Commissioner Brown asked whether it conceivable to require employees to park on the lifts and Ms. Whelan
confirmed that will be one of the items to be included in the final parking management plan and it could be
required under the lease agreement.
Vice Chair Tucker noted that the application is for a use permit which will run with the property and further noted
the need for tight conditions. He added that this is a matter of first impression but the code gives no guidance.
He felt that is something that should be viewed on a policy level but does not believe the actions of the
Commission will establish a binding precedent. He added that approving the application does not mean that it
has been decided to never regulate lifts in the City. He stated wanting the Commission to revisit this matter
thoroughly, in a more theoretical basis, in the near future.
Chair Hillgren stated that the use of lifts may be a reasonable strategy as part of an overall parking management
plan provided the design, functionality and sponsorship are fully understood. In this case, the design works
aesthetically and the existing trees will survive and provide adequate shielding from the neighboring properties.
The functionality and scale of the project don't appear to be justified as this program requires significant cost and
staffing for a very small number of lifts. When considering the property currently, i is not maintained well the
anticipated effort and related economic burden to implement the plan does not appear to be supportable
without knowledge of the actual tenants. As a result, he is not compelled to approve the project without knowing
who the users /occupants will be.
Commissioner Lawler noted that this is a matter of Code and not of policy; that this was a creative solution that
works elsewhere in the City and that it does not establish precedent.
In response to Secretary Kramer's inquiry regarding whether the Code speaks of this situation, Assistant City
Attorney Michael Torres reported that the Code does not speak to lifts and that this may be a situation where
technology is advancing faster than the Code. Staff has reviewed the matter and has decided that the lifts
satisfy the parking requirements and qualify as a parking space within the Code.
Commissioner Myers stated that the economics of the project is not the Planning Commission's concern and that
the project does not establish precedent. He noted this is a new and workable solution and stated he will
support it.
Commissioner Brown expressed his support as well, but with tightening of the Conditions of Approval in terms of
the maintenance agreement, that there must be an attendant on -site to operate the lifts and requiring that
tenants and employees use the lifts by building same in the leases.
Ms. Brandt highlighted Condition of Approval No. 12 and stated that language can be included that all leases
include the requirement that employees and staff will be required to park within the twenty -two (22) lift spaces
and requiring a twelve (12) hour attendant. She noted that Condition of Approval No. 14 addresses maintenance
and reported it could be expanded to include that maintenance shall occur on a regular basis at least every six
(6) months at a minimum standard.
Secretary Kramer noted technical corrections to the report. He commented on the improvements made from the
Zoning Administrator's approval and noted the success of the appeal process.
Motion made by Secretary Kramer and seconded by Commissioner Lawler to adopt the draft resolution for
approval to uphold the Zoning Administrator's decision and approve Modification Permit No. MD2013 -023 with
the modifications proposed by Commissioner Brown and recorded by staff to amend Conditions of Approval No.
12 and 14 as stated above.
Vice Chair Tucker suggested an amendment to the motion adding to the conditions that if any of the existing
ficus trees die, they will be replaced and also suggested adding a reference to a professional valet service to the
Conditions of Approval. He noted that the Statement of Facts in the Resolutions have duplicative language and
made additional grammatical corrections. Vice Chair Tucker added that he would like to see the Conditions of
Approval recorded through the City Attorney's office so future buyers of the property see the restrictions
pertaining to the use of the lifts up front in the purchase process.
Page 9 of 11
VIII
NEWPORT BEACH PLANNING COMMISSION MINUTES
5/8/14
Secretary Kramer and Commissioner Lawler agreed with adding language that existing trees will be replaced if
they die and that a professional valet service will be used.
Regarding recording the Conditions of Approval, Ms. Brandt suggested recording a land use restriction at the
County of Orange on the property which would refer to the Planning Commission Resolution and associated
Conditions of Approval available at the City to notify anyone obtaining title records that the permit exists.
Commissioners Kramer and Lawler agreed.
Chair Hillgren called for a vote and the amended motion carried (5 — 1)
AYES:
Brown, Kramer, Lawler, Myers, and Tucker
NOES:
Hillgren
ABSTENTIONS:
None
ABSENT:
Ameri
STAFF AND COMMISSIONER ITEMS
ITEM NO.4 MOTION FOR RECONSIDERATION - None
ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
Committee Updates:
1. Land Use Element Amendment Advisory Committee
Ms. Brandt referenced the earlier Study Session where the aforementioned item was considered.
2. General Plan /Local Coastal Program Implementation Committee
Ms. Brandt reported that the Committee has been meeting on a monthly basis and provided an update of
recent discussions. Staff is trying to maintain and have a good working relationship with Coastal
Commission staff going through the process.
ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR
REPORT
Vice Chair Tucker commented on the matter of parking lifts and the need to bring it to City Council's attention so
that they may determine whether they would like to regulate them or not. He asked that staff return to the
Planning Commission with suggestions as to how to advise Council on this matter as there is no guidance
regarding the subject in the Code.
Chair Hillgren inquired regarding the Post Office matter and the appeal of the case and Ms. Brandt reported that
Council considered the proposed General Plan Amendment to the property as well as the Local Coastal Plan
and initially denied the project and directed staff to return with a resolution. When staff returned with a resolution
for denial, Council considered the possibility of looking at the project again with conceptual plans for
development. The applicant requested continuance to develop a concept plan as well as plans for the Post
Office. Once staff receives that information, it will be rescheduled for Council consideration.
ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES
Commissioner Brown reported he will be travelling June 5th and requested an excused absence.
Chair Hillgren reported he will be travelling May 22nd and requested an excused absence.
Commissioner Myers indicated he will need to leave by 9:00 p.m. on May 22nd.
Page 10 of 11
NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14
Commissioner Lawler reported he will not be available June 5th.
IX. ADJOURNMENT
There being no further business to come before the Planning Commission, the meeting was adjourned at
9:55 p.m.
The agenda for the Regular Meeting was posted on May 2, 2014, at 2:38 p.m., in the binder and on the City Hall
Electronic Bulletin Board located in the entrance of the Council Chambers at 100 Civic Center Drive,
Page 11 of 11
F-11 i r-1191: I P d=I► 11 IE� Z IW
RESOLUTION NO. 1943
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2013 -021 FOR AN EATING AND DRINKING
ESTABLISHMENT WITH LATE HOURS OF OPERATION AT 215
RIVERSIDE AVENUE (PA2013 -203)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Jeff Hall, representing 217 Riverside Ave Merchants, with
respect to property located at 215 Riverside Avenue, and legally described as Lot D of
Tract 919, including a portion of the abandoned street adjacent, requesting approval of a
conditional use permit for the expansion of an existing restaurant.
2. The applicant requests an amendment to Use Permit No. UP1677 (Amended),
remodeling the existing restaurant currently operating with a Type 47 (On -Sale
General) Alcoholic Beverage Control license, adding an outdoor dining patio, and
extending service to include late hours of operation (after 11:00 p.m.). Also included is
a request to waive a portion of the required parking and approve a parking
management program authorizing off -site parking, annual parking passes for
employees, and valet parking.
3. The subject property is located within the Commercial General (CG) Zoning District and
the General Plan Land Use Element category is General Commercial (CG).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is General Commercial (CG -B).
5. A public hearing was held on May 8, 2014, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in
accordance with the Newport Beach Municipal Code. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project is categorically exempt pursuant to the State CEQA (California
Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing
Facilities)
2. The proposed project involves the minor alteration of an existing structure. The
additional area associated with the outdoor dining patio consists of 990 square feet,
which is well within the thresholds identified in CEQA Guidelines Section 15301.
Therefore, the interior use and outdoor dining patio qualify for a categorical exemption
under Class 1.
Planning Commission Resolution No. 1943
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SECTION 3. REQUIRED FINDINGS.
Pursuant to Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit
Requirements) of the Newport Beach Municipal Code, eating and drinking establishments
classified as Food Service, Late Hours, require the approval of a conditional use permit within
the Commercial General (CG) Zoning District. The existing establishment operates pursuant to
Use Permit No. UP1677 (as amended September 11, 1989). The requested extension in the
hours of operation, addition of an outdoor dining patio, and new bar are considered substantial
changes in operation that require an amendment to the existing conditional use permit.
In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make
the following finding for approval of a new alcoholic beverage license:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Newport Beach Municipal Code.
Facts in Support of Findin
The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is maintained
and that a healthy environment for residents and businesses is preserved. While the
proposed establishment is located in an area which has a higher concentration of
alcohol licenses than some areas, the restaurant is appropriate since the existing Type
47 license is already included within the statistics provided and the use permit would
acknowledge the existing license type. The subject property's location in relationship to
residential zoning districts, day care centers, hospitals, park facilities, places of worship,
schools, other similar uses and uses that attract minors have been considered.
Operational conditions of approval recommended by the Police Department relative to
hours of operation, the sale of alcoholic beverages, including an Operator License will
ensure compatibility with the surrounding uses and minimize alcohol related impacts.
The subject property is located in an area with a variety of land uses including
commercial, retail, residential, and coastal resources. The operational characteristics
have been conditioned to maintain the compatibility of the proposed use with
surrounding land uses.
In accordance with Section 20.52.020.E (Conditional Use Permit, Findings and Decision) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings
are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable Specific Plan.
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Facts in Support of Finding:
1. The expanded eating and drinking establishment with late hours and alcoholic
beverage service is consistent with the General Commercial (CG) land use
designation of the General Plan.
2. The CG designation is intended to provide for a wide variety of commercial activities
oriented primarily to serve local or regional needs. Food Service uses are expected to
be found in this area and are complementary to the surrounding commercial and
residential uses.
3. The project site is not located within a Specific Plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. Eating and drinking establishments classified as Food Service, Late -Hours require the
approval of a conditional use permit within the Commercial General (CG) Zoning District.
2. As conditioned, the proposed project will comply with Newport Beach Municipal Code
standards for eating and drinking establishments.
3. The restaurant, outdoor patio, parking management program, and proposed exterior
improvements are consistent with the Mariners Mile Strategic Vision and Design
Framework. The renovation of the existing restaurant will support local establishments
in the Mariners Village core, improve the pedestrian streetscape, and make more
efficient use of available parking in the vicinity.
4. Pursuant to Chapter 5.25, an amendment to a use permit requires the operator of the
establishment to secure an Operator License from the Police Department to maintain
operating hours beyond 11:00 p.m. This requirement is included in the conditions of
approval.
Finding:
D. The design, location, size, operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. Adequate parking is provided for the restaurant during all hours of operation as
designated in the parking management program. A minimum of six parking spaces are
provided for the restaurant's use at the off -site parking lot located across Riverside
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Avenue from the property at 2660 Avon Street. Public parking also exists in the
municipal parking lot at 200 Tustin Avenue, which will accommodate employee parking
through the purchase of annual parking passes.
2. The use of the off -site parking with optional valet service reduces any congestion
created by restaurant patrons looking for parking and ensures greater usage of the off -
site parking facility.
3. The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages include the closure of the outdoor dining
patio by 10:00 p.m. will promote compatibility with the surrounding uses by minimizing
alcohol related impacts.
4. The conditions of approval include the requirement that the exterior windows and
doors of the facility be closed after 10:00 p.m. will minimize sound emanating from the
property and causing disturbances to residential land uses in the vicinity.
5. Because the conditions of approval prohibit live entertainment and dancing; require
that the restaurant close by 12:00 midnight Sunday through Thursday and by 1:00
a.m. on Fridays and Saturdays; and, use of the outdoor dining patio after 10:00 p.m. is
prohibited, no disturbance to adjacent residential uses is anticipated.
6. The proposed use will not necessitate high levels of lighting or illumination and all
outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070
(Outdoor Lighting).
7. Existing trash storage for the restaurant is provided within a trash enclosure along
Riverside Avenue. The trash enclosure will be modified to provide a solid decorative
roof cover in compliance with Newport Beach Municipal Code standards for solid
waste and recyclable materials storage. The requested changes to the restaurant
operation are not expected to result in an increase in trash collection activities. A
condition of approval has been included requiring the trash to be kept within the trash
enclosure, except during collection.
8. This is an existing restaurant location and is compatible with other commercial uses in
the area. The restaurant also serves as an important visitor - serving use that benefits
the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal
Act.
Finding:
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
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Planning Commission Resolution No. 1943
Facts in Support of Finding:
Adequate public and emergency vehicle access, public services, and utilities exist for
the site.
The design of the improvements will comply with all Building, Public Works, and Fire
Codes, and will be approved by the Orange County Health Department.
Although the site does not provide the minimum number of off- street parking spaces
on -site, sufficient off -site parking will be provided pursuant to the parking management
program to accommodate the needs of the expanded restaurant.
4. The locations of the off -site parking is in close proximity to the restaurant and does not
create a traffic hazard in the surrounding area. A parking agreement will be recorded
providing for the availability of a minimum of six off -site parking spaces for the
restaurant.
Finding:
F. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
The renovations to the existing restaurant facility should have a positive impact on the
area and may promote further revitalization of commercial properties located in
Mariners Mile.
2. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The limited hours
for the outdoor dining patio hours reduce impacts to residential land uses nearby and
sufficient parking is available in the area to accommodate the restaurant. The operator is
required to take reasonable steps to discourage and correct objectionable conditions that
constitute a nuisance within the facility, adjacent properties, or surrounding public areas,
sidewalks, or parking lots of the restaurant, during business hours, if directly related to
the patrons of the establishment surrounding residents.
3. In order to maintain late hours, the applicant will be required to obtain an Operator
License from the Police Department. The Operator License will provide for enhanced
control of noise, loitering, litter, disorderly conduct, parking /circulation, and other
potential disturbances resulting from the establishment, and will provide the Police
Department with means to modify, suspend, or revoke the operator's ability to maintain
late -hour operations if objectionable conditions occur.
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4. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an
establishment where live entertainment, recreational entertainment or dancing is
permitted. Prohibition of live entertainment, recreational entertainment or dancing will
minimize potential land use conflicts, nuisances, and police intervention.
In accordance with Section 20.40.100 (Off -Site Parking) of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
Finding:
G. The parking facility is located within a convenient distance to the use it is intended to
serve.
Facts in Support of Finding:
1. Sixteen parking spaces are available on -site for the restaurant.
2. The applicant has secured an off -site parking for a minimum of six parking spaces at
2660 Avon Street. The lot is conveniently located across Riverside Avenue from the
subject property 125 feet away.
3. A municipal parking lot providing approximately 88 parking spaces is available
approximately 600 feet to the southeast down Avon Street. A condition of approval is
included requiring the purchase of parking permits on an annual basis for all ten
employees to use this lot.
Finding:
H. On- street parking is not being counted towards meeting parking requirement.
Facts in Support of Finding:
1. On- street parking is not being counted towards meeting the parking requirement.
Adequate parking is available for the restaurant through a combination of on -site
parking (16 spaces), off -site parking (6 spaces), and annual employee parking passes
(10 spaces).
2. Valet parking is optional, and will be utilized if additional parking is necessary.
3. Fifteen off- street parking spaces at 2630 Avon Street and ten on- street metered
spaces in front of the restaurant are available; while these spaces do not officially
contribute to the off - street parking requirement, these spaces will be utilized on an
informal basis.
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Finding:
1. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
Signage will be provided on -site and at the off -site parking lots to designate the
availability of the off -site parking lots for patrons of the restaurant.
2. The use of the off -site parking, with optional valet service, reduces any congestion
created by restaurant patrons looking for parking and ensures greater usage of the off -
site parking facility.
3. The City Traffic Engineer has found circulation and access for the optional valet
parking plan to be adequate.
4. The off -site parking lot is located in close proximity across Riverside Avenue from the
subject property.
Finding:
J. The parking facility will be permanently available, marked, and maintained for the use
it is intended to serve.
Facts in Support of Finding:
1. The property owner of 2660 Avon Street will be required to record a parking
agreement for a minimum of six parking spaces. The agreement must be approved by
the Director and City Attorney and recorded with the County Recorder.
2. Signage will be provided on -site and at the off -site parking lots to designate the
availability of the off -site parking lots for patrons of the restaurant.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2013 -021 (PA2013 -203), subject to the conditions set forth in Exhibit
A, which is attached hereto and incorporated by reference.
2. This action shall become final and effective 14 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.
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3. Conditional Use Permit No. UP2013 -021 (PA2013 -203) replaces and supercedes Use
Permit No. UP1677, which upon vesting of the rights authorized by this application,
shall become null and void.
PASSED, APPROVED AND ADOPTED THIS 8t" DAY OF MAY, 2014.
AYES: BROWN, HILLGREN, KRAMER, LAWLER, MYERS, AND TUCKER
NOES: NONE
ABSTAIN: NONE
ABSENT: AMERI
M
AM
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Use Permit No. UP2013 -021 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the
Newport Beach Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The applicant shall comply with all federal, state, and local laws. Violation of any of
those laws in connection with the use may be cause for revocation of this Use Permit.
5. This Conditional Use Permit may be modified or revoked by the City Council or
Planning Commission should they determine that the proposed uses or conditions
under which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
7. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
8. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
9. The operator as well as future operators of the restaurant shall obtain an Operator
License pursuant to Chapter 5.25 (Operator License) of the Municipal Code. The
Operator License may be subject to additional and /or more restrictive conditions to
regulate and control potential late -hour nuisances associated with the operation of the
restaurant.
10. The hours of operation for the interior of the restaurant shall be limited between 5:00
p.m. to 11:00 p.m., Monday through Thursday, 5:00 p.m. to 12:00 midnight Friday,
10:00 a.m. to 12:00 midnight Saturday, and 10:00 a.m. to 11:00 p.m. Sunday.
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Planning Commission Resolution No. 1943
11. The restaurant shall be allowed a limited lunch time operation (11:00 a.m. to 5:00 p.m.,
Monday through Friday) which will include the chef's dining area and chef's dining
patio only (764 square feet of "Net Public Area" only).
12. Service on the outdoor dining patio shall end by 10:00 p.m., daily. The outdoor dining
patio shall be closed by 10:30p.m., daily.
13. The interior "net public area" of the restaurant shall not exceed 1,183 square feet. A
maximum of 55 seats shall be provided within the interior of the establishment.
14. The accessory outdoor dining shall be used only in conjunction with the restaurant. The
outdoor dining patio shall be limited to 990 square feet in area and provide seating for
no more than 52 persons.
15. The exterior windows and doors of the facility be closed after 10:00 p.m.
16. The height of the boundary wall of the accessory outdoor dining area shall be marked
on the approved plans. Fences, walls, or similar barriers shall serve only to define the
outdoor dining area and not constitute a permanent all weather enclosure. The
installation of roof coverings in addition to the proposed cedar trellis shall not have the
effect of creating a permanent enclosure. The use of any other type of overhead
covering shall be subject to review and approval by the Community Development
Director and may require an amendment to this permit.
17. The existing parking lot shall be maintained with approved traffic markers or painted
white lines not less than four inches wide. All sixteen parking spaces on the site shall
be accessible and useable for vehicular parking at all times. A directional sign shall be
maintained designating that parking is available to the rear of the building.
18. All asphaltic pavement surfaces of the existing parking areas shall be maintained. No
alterations to the existing parking design shall be permitted without the approval of the
City Traffic Engineer.
19. The subject property shall comply with the approved Parking Management Program
dated May 8, 2014, and any amendment to the Parking Management Program shall be
subject to the approval of the Community Development Director.
20. An off -site parking agreement, approved as to form by the City Attorney's Office, shall
be recorded prior to the issuance of building permits. The City, applicant, and property
owner of 2660 Avon Street shall be a party to the agreement. The agreement shall
guarantee that a minimum of six (6) parking spaces shall be provided at 2660 Avon
Street (A portion of Lot 42 and all of Lot 43 of Tract 1133) for the duration of the
restaurant use at 215 Riverside Avenue. In the event that the use of the off - street
automobile parking spaces provided for in the agreement are lost for any reason, the
applicant shall notify the Community Development Director 30 days prior to the loss of
the parking spaces. Upon notification that the agreements for the required off -site
parking has terminated, the Director shall establish a reasonable time in which one of
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Paqe 11 of 17
the following shall occur: (a) Substitute parking is provided that is acceptable to the
Director; (b) The size or capacity of the use is reduced in proportion to the parking
spaces lost; (c) The applicant submits to the Director a new or amended Off -Site
Parking Agreement, giving the applicant the use of at least the same number of
parking spaces.
21. Restaurant employees shall park their automobiles in the "Mariners Mile" municipal lot.
The applicant or operator of the facility shall purchase parking permits for ten employees
on an annual basis for the Mariners Mile Lot, and shall direct employees to park in said
parking lot.
22. Valet operations shall not impact the public right -of -way. Vehicle staging, drop off and
pick -up shall occur on -site only and the valet pick -up and delivery station shall not be
located in the public- right -of -way.
23. Prior to certificate of occupancy, the applicant shall provide signage on -site indicating
the location of additional parking at the off -site parking lot in locations acceptable to
the Planning Division.
24. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Sign Standards) of the
Newport Beach Municipal Code.
25. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
26. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
27. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code. Pre - recorded music may be
played in the tenant space, provided exterior noise levels outlined below are not
exceeded. The noise generated by the proposed use shall comply with the provisions
of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code.
28. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the restaurant facility.
29. Construction activities shall comply with Section 10.28.040 (Construction Activity -
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise - generating construction activities that produce noise between the hours of 7:00
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a.m, and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday.
Noise - generating construction activities are not allowed on Sundays or Holidays.
30. The existing block wall and storage structure adjacent to the driveway on Riverside
Avenue shall be lowered to a height of 36 inches so as to provide better sight distance
for motorists on the steep driveway.
31. All mechanical equipment and trash areas shall be screened from adjoining streets.
32. All lighting shall conform to the standards of Section 20.48.140 (Outdoor Storage,
Display, and Activities). Storage outside of the building in the front or at the rear of the
property shall be prohibited, with the exception of the required trash container
enclosure.
33. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes, which shall remain closed at all times, except when being loaded or while
being collected by the refuse collection agency.
34. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
35. Trash receptacles for patrons shall be conveniently located inside of the
establishment. The exterior of the business shall be maintained free of litter and graffiti at
all times. The owner or operator shall provide for daily removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
36. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community
Development Director, and may require an amendment to this Use Permit.
37. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance within the facility, adjacent properties,
or surrounding public areas, sidewalks, or parking lots of the restaurant, during business
hours, if directly related to the patrons of the establishment surrounding residents.
38. A copy of this resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
39. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Conditional
111151.0019,
Planning Commission Resolution No. 1943
Use Permit file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately
depict the elements approved by this Conditional Use Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
40. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Nesai Conditional Use Permit including, but not
limited to, the Conditional Use Permit No. UP2013 -021 (PA2013 -203). This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by applicant, City,
and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the
City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing
the indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Police Department Conditions
41. The approval is only for the establishment of an eating and drinking establishment as
defined by Title 20 of the Municipal Code, with the principal purpose for the sale or
service of food and beverages with sale and service of alcoholic beverages incidental to
the food use.
42. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 47 (On -Sale General) in conjunction with the service
of food as the principal use of the facility. Any upgrade in the alcoholic beverage
license shall be subject to the approval of an amendment to this application and may
require the approval of the Planning Commission.
43. [deleted]
44. [deleted]
45. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Newport Beach Municipal Code.
46. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the scheduled closing time.
10 -15 -2013
Planning Commission Resolution No. 1943
Page 14 of 17
47. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
48. The operator of the establishment shall not share any profits or pay any percentage or
commission to a promoter or any other person based upon monies collected as a door
charge, cover charge, or any other form of admission charge, including minimum drink
orders or the sale of drinks.
49. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Police Department on demand.
50. There shall be no on -site radio, televisions, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event
Permit issued by the City of Newport Beach.
51. There shall be no live entertainment or dancing allowed on the premises.
52. Strict adherence to maximum occupancy limits is required.
53. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
54. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
55. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying /licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
certificate of occupancy. Records of each owner's, manager's and employee's
successful completion of the required certified training program shall be maintained on
the premises and shall be presented upon request by a representative of the City of
Newport Beach.
10 -15 -2013
Planning Commission Resolution No. 1943
Page 15 of 17
Fire Department Conditions
56. Areas or rooms with occupant loads of more than 50 persons will require two exits. Exits
must be arranged as per California Fire Code Section 1015.2.1.
57. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system.
58. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing
Code.
Building Division Conditions
59. Window openings are shown in the exterior wall parallel to Avon Street, which are not
shown on the last approved plan from 1983. New openings are proposed in the wall
between the restaurant/dining space and kitchen and the northeast exterior wall at the
rear of the kitchen has been altered. These walls shall be analyzed by a civil /structural
engineer for consideration of decreased capacity due to new openings, compared with
seismic demand on them in accordance with the 2013 CBC.
60. Minimum 1 -hour rated construction shall be provided at the patio structure within the 10-
foot width of the exit discharge between building exit doors and the public sidewalk. Refer
to CBC 1027.5.2 and CBC 1002 for definition of 'yard' (open to sky).
61. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. A building permit is required to allow the change in use to an eating
and drinking establishment. The construction plans must comply with the most recent,
City- adopted version of the California Building Code. The construction plans must meet
all applicable State Disabilities Access requirements. Complete sets of drawings
including architectural, electrical, mechanical, and plumbing plans shall be required at
plan check.
62. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
63. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
64. If required, a grease interceptor shall be installed prior to the establishment opening for
business to the satisfaction of the Building Division.
65. A covered wash -out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall
be provided, and the area shall drain directly into the sewer system, unless otherwise
approved by the Community Development Director and Public Works Director in
conjunction with the approval of an alternate drainage plan.
10 -15 -2013
Planning Commission Resolution No. 1943
Paqe 16 of 17
Public Works Conditions
66. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
67. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels,
curb /gutter, and driveway along the Avon Street frontage.
68. All existing private, non - standard improvements within the public right -of -way and /or
extensions of private, non - standard improvements into the public right -of -way fronting
the development site shall be removed.
69. All new and existing water services shall be protected by a City approved backflow
assembly.
70. All new and existing sewer laterals shall have a sewer cleanout, installed with a traffic -
grade box and cover, located on the public side of the property line.
71. An encroachment permit is required for all activities within the public right -of -way.
72. The trellis eave shall not encroach more than 1 -foot into the adjacent right -of -way.
73. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L and Municipal Code 20.30.130.
74. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right -of -way could
be required at the discretion of the Public Works Inspector.
75. All on -site drainage shall comply with the latest City Water Quality requirements.
76. All unused water services to be abandoned shall be capped at the main (corporation
stop) and all unused sewer laterals to be abandoned shall be capped at property line.
77. The proposed patio shall be constructed on private property.
78. At a minimum, a 6 -foot sidewalk shall be maintained along Avon Street.
79. The parking lot configuration shall be consistent with the previously approved Use
Permit No. UP1677 (Amended 1983).
80. The patio overhang shall be covered under a building permit in order to be consistent
with Council Policy. If any portion of the overhang is within the public right -of -way, an
encroachment permit is required. If an encroachment permit is approved, the patio
overhang shall not encroach more than 1foot over the public sidewalk and must
maintain a minimum vertical clearance of 8 feet.
10 -15 -2013
Planning Commission Resolution No. 1943
Paae 17 of 17
81. The storage area adjacent to Riverside Avenue shall be lowered to a height of 36
inches in order to comply with sight distance requirements at the intersection of the
driveway and Riverside Avenue.
82. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
10 -15 -2013
ATTACHMENT CC -6
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 8, 2014 Meeting
Agenda Item 2
SUBJECT: Nesai Restaurant - (PA2013 -203)
215 Riverside Avenue
Conditional Use Permit No. UP2013 -021
APPLICANT: 217 Riverside Ave Merchants
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
PROJECT SUMMARY
A conditional use permit to remodel an existing restaurant currently operating with a
Type 47 (On -Sale General) Alcoholic Beverage Control license, adding an outdoor
dining patio, and extending service to include late hours of operation (after 11:00 p.m.).
Also included is a request to waive a portion of the required parking and approve a
parking management program that includes off -site parking at 2660 Avon Street, annual
employee parking passes for use in the City municipal parking lot (Mariners Mile Lot),
and valet parking. Due to the late hours of operation, approval of an Operator's License
by the Newport Beach Police Department will be required.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2013 -021
subject to the conditions of approval provided in the draft resolution and
superseding UP1677. (Attachment No. PC 1).
INTRODUCTION
Project Setting
The restaurant is located at the intersection of Riverside Avenue and Avon Street. The
property is developed with an 8,056- square -foot, three -story building containing a
2,910- square -foot restaurant at the first floor level and office uses on the second and
third floors. A surface parking area containing 18 parking spaces serves the uses on-
site.
Surrounding uses include residential dwelling units to the north and east, retail shops
and a post office to the southeast, retail shops to the southwest, and Cliff Drive Park to
the northwest. The proposed off -site parking lot at 2660 Avon Street is located
1
INTENTIONALLY BLANK PAGE
Nesai Conditional Use Permit
May 8, 2014
Page 2
VICINITY MAP
ale -
Jr °
i r
Subject
Property
'
2660 Avon
�Ap„_
Street
,.,� 4"
•'- 2630 Avon.
Street
1
Municipal Lot
r
GENERAL PLAN
ZONING
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
CG General Commercial
CG Commercial General
Restaurant and Office
NORTH
RS -D (Single -Unit
Residential )
R -1 (Single -Unit
Residential
Single- family residences
SOUTH
PF (Public Facilities)
And MU -H1 (Mixed -Use
PF (Public Facilities) and
MU -MM (Mixed -Use
post Office and Retail Shopping
Horizontal )
Mariners Mile
Center
CG (General Commercial)
CG (Commercial General)
EAST
and CG (General
and R -1 (Single -Unit
Retail
and Single- family residences
Commercial )
Residential
WEST
PR (Parks and
Recreation
PR (Parks and
Recreation)
Cliff Drive Park
S
Nesai Conditional Use Permit
May 8, 2014
Page 3
approximately 125 feet from the subject property across Riverside Avenue and is
developed with Moultrup Finish Hardware, a cosmetic studio, a consignment store, and
six parking spaces. Site photographs of the subject property and the off -site parking lot
are included as Attachment No. PC 3.
Background
A use permit establishing a restaurant at the subject location was approved by the
Planning Commission on June 7, 1973. Two subsequent amendments were approved
for the restaurant in 1975 and 1983 that authorized the expansion and waiver of parking
spaces on -site.
In 1989, Avon Street was improved by the City and removed ten on -site parking spaces
along Avon Street and four parking spaces along Riverside Avenue. The ten spaces
along Avon Street were converted to two -hour public metered spaces as they were
located in the right -of -way. At its meeting of September 11, 1989, the City Council
approved a third amendment to the Use Permit, waiving the parking that was removed
by the City street improvement project and permitting the full operation of the restaurant.
The approval allowed for a restaurant with 1,231 square feet of interior net public area'
(764 square feet at lunch hour), alcohol service, 25 interior tables with seating for 92
persons, and hours of operation from 11:00 a.m. to 10:00 p.m., Sunday through
Thursday and from 11:00 a.m. to 11:00 p.m. on Friday and Saturday. A total of 15
required parking spaces were waived with the understanding that the ten metered
parking spaces along Avon Street would likely be used by restaurant patrons. The
approval also waived all of the required parking during daytime lunch operations. A
summary of the restaurant operations authorized in 1989 is provided in Table 1, below.
The most recent City Council minutes, resolution, and staff report for Use Permit No.
UP1677 are attached as Attachment Nos. PC 4, 5, and 6). A six -month review of the
use was conducted in 1990 and operations were found to be acceptable.
Table 1. Summary of UP3677- Existing Entitlement
' Net Public Area is defined as the total area used to serve customers, including customer sales and display
areas, customer seating areas, service counters, and service queue and waiting areas, but excluding
restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the
establishment.
4
Day
Evening
Net Public Area
764 sq ft
1231 sq ft
Seats
15
92
Hours
• 11:00 a.m. to
5:00 p.m.,
daily
• 5:00 p.m. to 10:00 p.m.,
Sunday through Thursday
• 5:00 p.m. to 11:00 p.m.,
Friday and Saturday
Code Required Parking
20
30
Parking Waived
20
15
' Net Public Area is defined as the total area used to serve customers, including customer sales and display
areas, customer seating areas, service counters, and service queue and waiting areas, but excluding
restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the
establishment.
4
Nesai Conditional Use Permit
May 8, 2014
Page 4
An outdoor dining patio was subsequently constructed adjacent to Avon Street. The Use
Permit was never amended to reflect this dining patio and no building permit history is
available for this structure. Portions of the as -built patio encroach over the property line
into the public right -of -way.
A Type 47 (On -Sale General for Bona Fide Public Eating Place) ABC license
authorizing the sale of beer, wine, and distilled spirits for consumption on the premises
was issued to the establishment in 1986. At that time, an amendment to the Use Permit
was not required for this change.
Project Description
The applicant requests a Conditional Use Permit to remodel and expand the existing
restaurant. The remodeled restaurant proposes 1,183 square feet of interior net public
area with 55 dining seats. The existing restrooms would be relocated and reconstructed
for ADA accessibility. The interior floor plan includes a 39 -seat main dining room with a
new 13 -seat bar area. A second 16 -seat chefs dining room is proposed where patrons
will have the opportunity to watch the chef prepare menu items at a chefs dining
counter. The existing kitchen would also be remodeled to provide a new drink station,
storage, a new grease interceptor, a mop -sink, and wash -out area. Live entertainment
and dancing are not proposed as part of the restaurant operation.
A new 990 - square -foot outdoor dining patio is proposed with 52 seats. The existing
unauthorized patio area would be removed and a new patio would be constructed
entirely on private property with the eaves projecting no more than 1 -foot over the
sidewalk in compliance with Council Policy L -6 (Private Encroachments in Public
Rights -of -Way). The patio area would be covered by a cedar open trellis and the patio
fence facing the street would be characterized by a green wall with a 38 -inch high cedar
boundary fence and potted aromatic plants above. An exhibit demonstrating the
proposed materials and finishes is provided as Attachment No. PC 7.
The applicant requests to add late hours of operation (after 11:00 p.m.) as detailed in
Table 2. Service on the outdoor dining patio would end by 10:30 p.m., but would be
available for use by guests until the closing hour. Due to the late hours of operation,
approval of an Operator's License by the Newport Beach Police Department is required.
The existing surface parking lot will be restriped to remove substandard parking stalls
and conform to the circulation pattern authorized in 1983. A total of 16 parking spaces
will be provided. A parking management program accounts for additional parking
demand associated with the addition of the outdoor dining patio by securing off -site
parking with optional valet parking, purchasing annual parking passes for use by
restaurant employees, and off - setting hours of operation with other surrounding land
uses.
5
Nesai Conditional Use Permit
May 8, 2014
Page 5
Including the new outdoor dining patio, the net public area of the restaurant will increase
by 942 square feet from 1,231 square feet for a total of 2,173 square feet (Attachment
No. PC 14 Project Plans). The total seating count will increase by 15 seats for a total of
107 seats. If approved, the subject conditional use permit will supersede the existing
use permit.
Table 2. Summary of Proposed CUP
DISCUSSION
Consistency with General Plan /Coastal Land Use Plan /Zoning
The site is designated CG (General Commercial) by the General Plan Land Use Element,
Coastal Land Use Plan, and the Zoning Code. These designations are intended to
provide for areas appropriate for a wide variety of commercial activities oriented
primarily to serve local or regional needs. Food Service uses are allowed by these land
use designations and are complementary to the surrounding commercial and residential
uses. Under the General Plan land use designation of CG, the Floor Area Ratio (FAR) for
the subject property is limited to 0.5. The existing FAR for the subject property conforms at
0.5. The proposed application will not result in an increase in the gross floor area ratio.
The project would allow for reuse of the existing restaurant, maintaining the character of
the district. The proposed project requires a conditional use permit to extend the hours of
operation, add an outdoor dining patio, add a new bar, and to authorize a parking
management program.
Mariners Mile Strategic Vision and Design Framework
The Mariners Mile Strategic Vision and Design Framework is a vision for an improved,
enriched, and enlivened Mariners Mile (Attachment No. PC 8). The Strategic Vision
0
Day
Evening
• 764 sq ft, Monday - Friday,
2,173 sq ft
• 2,173 sq ft, Saturday and
Net public area
Sunday
• 34, Monday - Friday
107
Seats
• 107, Saturday and Sunday
Hours
• 11:00 a.m. to 5:00 p.m.,
• 5:00 p.m. to 12:00 a.m., Sunday
Monday - Friday
through Thursday
• 10:00 a.m. to 5:00 p.m.,
• 5:00 p.m. to 1:00 a.m., Friday and
Saturday and Sunday
Saturday
• Patio - closed by 10:30 p.m., daily
Code Required
• 20, Monday - Friday
47
Parking
• 47, Saturday and Sunday
Parking Waived
20
15
DISCUSSION
Consistency with General Plan /Coastal Land Use Plan /Zoning
The site is designated CG (General Commercial) by the General Plan Land Use Element,
Coastal Land Use Plan, and the Zoning Code. These designations are intended to
provide for areas appropriate for a wide variety of commercial activities oriented
primarily to serve local or regional needs. Food Service uses are allowed by these land
use designations and are complementary to the surrounding commercial and residential
uses. Under the General Plan land use designation of CG, the Floor Area Ratio (FAR) for
the subject property is limited to 0.5. The existing FAR for the subject property conforms at
0.5. The proposed application will not result in an increase in the gross floor area ratio.
The project would allow for reuse of the existing restaurant, maintaining the character of
the district. The proposed project requires a conditional use permit to extend the hours of
operation, add an outdoor dining patio, add a new bar, and to authorize a parking
management program.
Mariners Mile Strategic Vision and Design Framework
The Mariners Mile Strategic Vision and Design Framework is a vision for an improved,
enriched, and enlivened Mariners Mile (Attachment No. PC 8). The Strategic Vision
0
Nesai Conditional Use Permit
May 8, 2014
Page 6
identifies a series of goals for Mariners Village, the core retail area within Mariners Mile
where the subject property is located. These goals include a more human -scale
streetscape with inviting street furnishings, functional sidewalks, and local- serving
tenants such as upscale market, cafes, theaters, and specialty retail. A restaurant at this
location helps to establish and improve upon a local- serving tenant, enhancing the
character of the area, and providing a complementary commercial use as intended
within the Mariners Village core.
The Design Framework identifies key objectives for planning and urban design,
landscaping, signage, architecture, and parking in Mariners Mile. Existing landscaping
on -site is appropriate given the topographic constraints of the lot. The existing parking
area is characterized by a steeply sloping lot where the rear row of parking spaces is
approximately 6 feet higher than the row below. While the parking configuration will be
restriped to eliminate substandard stalls, significant alteration of the parking areas and
existing landscaping is not proposed.
The existing pole sign on -site is subject to abatement and must be removed or altered to
conformance by October 27, 2020, unless an earlier removal is required by the
provisions of Subsection (B) of Section 20.42.140 (Nonconforming Signs) of the
Newport Beach Municipal Code. For the time being, this nonconforming sign may be
continued and must be maintained in good condition as authorized by these regulations.
The existing wall sign will be relocated in compliance with Newport Beach Municipal Code
standards under separate building permits.
Architecturally, the project will improve the quality of the existing building. The proposed
outdoor dining patio and trellis structure promote a more human -scale streetscape while
providing a more functional sidewalk along Avon Street where the existing patio
encroaches into the right -of -way. The patio trellis is intended to be the primary feature of
the updated building in terms of architectural expression. Materials include a cedar patio
fence and trellis with a green wall consisting of potted aromatic plants. The applicant will
also repaint the existing building with a neutral color scheme and contrasting trim
elements at the underside of the eaves and window trims. Window planter boxes link
the upper and lower stories of the building to create a cohesive design element. Brass
and other hardware are utilized as accent pieces to follow the nautical theme suggested
for Mariners Mile.
In the absence of an implementation plan to comprehensively establish a parking district
for Mariners Village, a parking management program for properties on an individual
basis is necessary. The restaurant makes use of nearby off -site parking and off -sets
hours of operation to fully utilize available parking in the area, consistent with the goals
of the Design Framework.
rd
Nesai Conditional Use Permit
May 8, 2014
Page 7
Parking
The interior net public area proposed is 1,183 square feet, and the Zoning Code allows
outdoor dining areas up to 25 percent of the interior net public area without an increase
in the parking requirement. The applicant proposes a new outdoor dining patio, which is
990 square feet in area. Therefore, 296 square feet (25 percent) of the outdoor dining
patio does not require additional parking. The remaining 694 square feet will need to be
parked at the same rate as the interior net public area. Thus, the total net public area to
be parked is 1,877 square feet. Based on 16 spaces on -site and 15 spaces waived per
Use Permit No. UP1677, the expansion requires an additional 16 parking spaces. The
following table provides a summary of required parking, below:
Table 3. Code Required Parking
Interior Net Public Area (NPA)
1,183
Outdoor Dining Patio
990
25% of Interior NPA
-296
Total Net Public Area Parked
1,877
Total Code Requirement (1/40 sq ft)Z
47
Additional Spaces Required
16
On -Site Spaces Waived Under UP1677
15
Remaining Spaces Required
16
Parking Management Program
A draft parking management program (Attachment No. PC 9) is provided to address the
16 required parking spaces to accommodate the expansion. The following approaches
reduce the overall parking demand of the proposed restaurant:
• Off -Site Parking Facilities. The applicant has secured the indefinite use of two off -
site parking lots located at 2660 and 2630 Avon Street. The lots are conveniently
located across Riverside Avenue from the subject property 125 and 270 feet away,
respectively. As a condition of approval, the applicant will be required to provide a
recorded parking agreement for a minimum of six parking spaces available at 2660
Avon Street. The agreement must be approved by the Director and City Attorney
and recorded with the County Recorder. The additional 15 spaces available at 2630
Avon Street will be maintained on an informal basis as this lot offers surplus parking.
The preliminary letters of agreement for each of the off -site parking lots are attached
(Attachment No. PC 10)
'The Newport Beach Municipal Code requires parking for restaurants to be based upon the individual operational
characteristics with a parking ratio between 1:50 and 1:30 of the Net Public Area. UP1677 was approved with a 1:40
ratio and the proposed operational characteristics are not significantly changing to warrant a change to the existing
parking ratio.
Nf
Nesai Conditional Use Permit
May 8, 2014
Page 8
• Off -Set Hours. The restaurant hours will be offset from office and retail uses that
utilize the same parking areas. The office tenants on -site (215 Riverside Avenue) will
utilize the surface parking lot on weekdays whereas the restaurant will utilize the on-
site parking on evenings after 5:00 p.m. and on weekends. The restaurant hours will
also be offset from retail tenants that utilize the off -site parking lots at 2660 and 2630
Avon Street that close at 5:00 p.m. and 6:00 p.m., respectively.
• Valet Parking. Valet parking is proposed as an option to accommodate more parking
in the off -site lots, if necessary. The valet pick -up and drop -off station will be located
within the surface parking lot as patrons enter from Avon Street. Vehicles would then
be parked at the 27 valet spaces available in the two off -site parking lots. The 16
parking spaces available in the on -site lot would remain available for patrons to self -
park. Off -site parking for valet service would reduce congestion created by
restaurant patrons looking for overflow parking in Mariners Mile and ensure greater
usage of the off -site parking spaces available. The valet parking plan prepared by
the applicant is provided as Attachment No. PC 11.
• Employee Parking Passes. An approximately 88 space municipal parking lot is
available approximately 600 feet to the southeast down Avon Street. The applicant
proposes to purchase parking permits on an annual basis for all ten employees to
use this lot. Providing employee parking passes with direction to those employees to
park in that lot will help to manage the additional demand created by the restaurant.
Information on annual parking passes is included as Attachment No. PC 12.
The restaurant would be compatible with the surrounding uses and all required parking
would be provided between the on -site surface lot, municipal parking lot for employees,
and the off -site parking available. A summary of these parking strategies and their
contribution to the available parking is provided in Table 4:
Table 4. Off-Site Parkina Provided
Strategy
Self - Parking
Valet Parking
Off- Site -2660 Avon Street
6
12
Employee Annual Parking Passes
10
10
TOTAL OFF -SITE SPACES AVAILABLE
16
22
Off -Site Parking Requirement
16
16
Surplus Parking Available
0
6
With the proposed parking strategies, all required parking will be available for the
restaurant, which in part accounts for the parking spaces waived previously. Ten
metered parking spaces are available in front of the restaurant along Avon Street. While
the metered spaces do not officially contribute to the off - street parking requirement for
the restaurant, their close proximity means they will likely be utilized for the restaurant
although they will not have exclusive access to these spaces. Additionally, 15 off -site
parking spaces are available at 2630 Avon Street. These off -site spaces will be
I
Nesai Conditional Use Permit
May 8, 2014
Page 9
maintained on an informal basis and also do not officially contribute to the off -site
parking requirement. Staff recommends the approval of the parking management
program and the reduction of the required off - street parking in conjunction with off -site
parking, optional valet, and a condition of approval requiring payment of annual parking
passes for ten employees to utilize the municipal lot at 200 Tustin Avenue.
Staff recommends incorporating flexibility for daytime lunch operations as approved
under Use Permit No. UP1677 into the proposed Conditional Use Permit. Staff suggests
providing the applicant with the flexibility to open the smaller chef's dining room and
chef's dining patio during lunchtime hours.
Late -Hour Operations
Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the Newport
Beach Municipal Code, the Planning Commission must consider the following potential
impacts upon adjacent or nearby uses when reviewing an application to allow late -hour
operations3:
1. Noise from music, dancing, and voices associated with allowed outdoor uses and
activities;
2. High levels of lighting and illumination;
3. Increased pedestrian and vehicular traffic activity during late and early morning hours;
4. Increased trash and recycling collection activities;
5. Occupancy loads of the use; and
6. Any other factors that may affect adjacent or nearby uses.
As proposed by the applicant, the interior of the restaurant will close by 12:00 midnight
Sunday through Thursday and close by 1:00 a.m. on Friday and Saturday. Potential
noise impacts from the interior of the restaurant will be limited because no live
entertainment or dancing is proposed. The proposed closing hours in comparison with
other restaurants that close at 2:00 a.m. will assist the Police Department with
controlling nuisances in the area. The applicant requests to end meal service on the
outdoor dining patio by 10:30 p.m. but would like to keep the patio open and available
for use by guests until the closing hour. The nearest residential uses are located on the
properties immediately north and adjacent to the restaurant and approximately 78 feet
east of the restaurant directly across Riverside Avenue. The location of the outdoor
dining patio will help limit exterior noise impacts given the orientation of the building
facing Avon Street. The Police Department has submitted a recommending a closing
hour of 10:00 p.m. for the outdoor dining patio (Attachment No. PC 13). Staff concurs
3 Late Hour Operations. Facilities that provide service after 11:00 p.m. any day of the week. (NBMC Sec.20.70.020)
10
Nesai Conditional Use Permit
May 8, 2014
Page 10
with this recommendation to diminish the effects of exterior noise resulting from the
outdoor dining patio on nearby residential uses.
The occupancy load is 151 persons including the outdoor dining patio (66 persons). The
extended hours of operation will result in increased late -hour pedestrian and vehicular
activity. The location in Mariners Mile will cater to nearby residents and visitors and
most traffic is likely to use Coast Highway rather than travel north on Riverside Avenue
through Newport Heights. The increase in traffic will occur at off -peak times and the
earlier closure of the outdoor dining patio diminishes noise to nearby residents.
The proposed use will not necessitate high levels of lighting or illumination and any
outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070
(Outdoor Lighting). Trash storage for the restaurant will be provided within an existing
trash enclosure adjacent to Riverside Avenue. A new solid decorative cover will be
added to the enclosure.
Should the Planning Commission approve this conditional use permit, the applicant will
be required to obtain an Operator License from the Police Department. The Operator
License provides for enhanced enforcement to control noise, loitering, litter, disorderly
conduct, parking /circulation, and other potential disturbances that could result from the
establishment, and provides the Police Department with means to modify, suspend, or
revoke the operator's ability to maintain late -hour operations.
Conditional Use Permit Findings
The requested extension in the hours of operation, addition of an outdoor dining patio, and
new bar are considered substantial changes in operation that require an amendment to
the existing conditional use permit. Pursuant to Section 20.52.020.F (Findings and
Decision) of the Newport Beach Municipal Code, the Planning Commission must make
the following findings in order to approve a conditional use permit:
1. The use is consistent with the General Plan and any applicable Specific Plan;
2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
3. The design, location, size, operating characteristics of the use are compatible with the
allowed uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities; and
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
11
Nesai Conditional Use Permit
May 8, 2014
Page 11
constitute a hazard to the public convenience, health, interest, safety, or general welfare
of persons residing or working in the neighborhood of the proposed use.
Staff believes sufficient facts exist in support of each finding. The restaurant operation is
defined as an Eating and Drinking Establishment, Food Service, Late Hours use with
alcoholic beverage service and is consistent with the purpose and intent of the General
Commercial (CG) General Plan land use designation and Zoning District. The CG
designation is intended to provide for areas appropriate for a wide variety of commercial
activities oriented primarily to serve local or regional needs. Food Service uses can be
expected to be found in this area and similar locations and are complementary to the
surrounding commercial and residential uses through compliance with the proposed
conditions of approval and through implementation of the operator's license. The 10:00
p.m. closing time for the outdoor dining patio will reduce the impact of noise to nearby
residents.
As conditioned, the proposed project will comply with Newport Beach Municipal Code
standards for eating and drinking establishments. The proposed renovations to the
existing restaurant will potentially have a positive impact on the overall economic health
of the community and may promote further revitalization of the other commercial
properties within the Mariners Mile area.
A minimum of 16 parking spaces are provided on -site and a minimum of 6 parking
spaces are provided within the off -site parking lot for the restaurant. A total of 15
parking spaces are waived as approved by Use Permit No. UP1677 (Amended 1989).
Employee parking (10 spaces) is also available in the nearby municipal parking lot at
200 Tustin Avenue through the purchase of annual parking passes. Therefore, staff
believes adequate parking is provided during the proposed hours of operation with the
implementation of the parking management program.
Alternatives
1. The Planning Commission may suggest specific project modifications or
operational changes that are necessary to alleviate concerns. If the changes are
substantial, the item should be continued to a future meeting to allow redesign of
the project.
2. If the Planning Commission believes that there are insufficient facts to support
the findings for approval, the Planning Commission should deny the application
request (Attachment No. PC 2). In this case, Use Permit No. UP1677 will remain
in effect unless action is taken to revoke this permit.
Environmental Review
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class
12
Nesai Conditional Use Permit
May 8, 2014
Page 12
1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
proposed project involves the minor alteration of an existing structure. The additional
area associated with the outdoor dining patio consists of 990 square feet, which is well
within the thresholds identified in CEQA Guidelines Section 15301. Therefore, the
interior use and outdoor dining patio qualify for a categorical exemption under Class 1.
If denied, projects which a public agency rejects or disapproves are not subject to the
California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the
CEQA Guidelines.
Public Notice
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights -of-
way and waterways) including the applicant and posted on the subject property at least
10 days before the scheduled meeting, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
Prepared by:
Makana ova
Assistant Planner
ATTACHMENTS
Submitted by:
1 VA
PC 1 Draft Resolution for Approval with Findings and Conditions
PC 2 Draft Resolution for Denial
PC 3 Site Photographs
PC 4 City Council Resolution of UP1677
PC 5 City Council Minutes of UP1677
PC 6 City Council Staff Report of UP1677
PC 7 Materials Board
PC 8 Mariners Mile Design Guidelines
PC 9 Parking Management Program
PC 10 Off -Site Parking Letters
PC 11 Valet Plan
PC 12 Annual Parking Pass Information
PC 13 Police Department Memorandum
PC 14 Project Plans
13
ATTACHMENT CC -7
215 Riverside Ave. Parking area entrance facing 2911 Cliff Drive.
215 Riverside Ave. Lower level parking area on -site.
4
i
I;
,b
215 Riverside Ave. Existing outdoor dining patio. Pq
W
z
L
ATTACHMENT CC -8
FINAL FINDINGS AND CONDITIONS
FOR USE PERMIT NO. 1677 (AMENDED)
APPROVED BY THE CITY COUNCIL ON
SEPTEMBER 11, 1989
FINDINGS:
1. The proposed development is consistent with the General Plan and is compatible
with surrounding land uses.
2. The project will not have any significant environmental impact.
3. That adequate parking is provided for the restaurant use at lunchtime during the
week, since many of the restaurant patrons walk from adjoining residential and
commercial areas. Furthermore, most of the public parking spaces located directly
in front of the restaurant facility will be available at night and on weekends for
restaurant patrons.
4. The approval of Use Permit No. 1677(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 development shall be in substantial conformance with the approved plot plan,
and floor plan, except as noted below.
2. That the previous Use Permit No. 1677 (Amended) and Variance No. 1106 shall
expire with the approval of this application.
3. That the restaurant shall be allowed a limited lunch time operation during the
week which will include the front entrance area and the front dining area (764±
sq.ft. of "net public area") only.
4. That the existing parking lot shall be maintained with approved traffic markers or
painted white lines not less than 4 inches wide, in accordance with the existing
parking layout. All fifteen parking spaces on the site shall be accessible and
usable for vehicular parking at all times. A directional sign shall be maintained
designating that parking is available to rear of the building.
5. That all asphaltic pavement surfaces of the existing parking areas shall be
maintained.
47L ►1
Final Findings and Conditions
Page 2.
ri
6. That all of the required daytime restaurant parking spaces are waived and all of
the existing on -site parking spaces (15 spaces) shall be available for the exclusive
nighttime use of the Stuft Noodle Restaurant.
7. That all mechanical equipment and trash areas shall be screened from adjoining
streets. The existing trash area shall be relocated so that the trash doors and
trash trucks will not interfere with pedestrians on the sidewalk on Riverside
Avenue.
8. That approximately 5 feet of the existing block wall adjacent to the driveway on
Riverside Avenue shall be lowered so as to provide better sight distance for
motorists on the steep driveway.
9. That no alterations to the existing parking design shall be permitted without the
approval of the City Traffic Engineer.
10. That the restaurant employees shall be required to park their automobiles in the
"Mariner's Mile" municipal lot.
11. That all signs shall be in conformance with the provision of Chapter 20.06 of the
Newport Beach Municipal Code.
12. That the hours of operation for the restaurant use shall be limited from 11:00 am.
to 10:00 p.m., Sunday through Thursday and to 11:00 p.m. on Friday and Saturday.
13. That the applicant shall obtain Coastal Commission approval of this application.
14. That the development standards pertaining to traffic circulation, walls, landscaping,
parking lot illumination, underground utilities and a portion of the required
parking spaces shall be waived.
15. That the Planning Commission may add 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 peanut
causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
16. That the Planning Commission shall review the subject use permit six months
from the date of City Council approval.
42 I
ATTACHMENT CC -9
C-r(Y OF NEWPORT BL�CH
COUNCIL MEMBERS
vX
v r �
MINUTES
ROLL CALL
3
p'p September 11, 1989 INDEX
5. That no construction
GPA 89 -1(C)
vehicles operating from
the subject project be
permitted to turn left
onto Seaward Avenue to
access the Morning Canyon
traffic light; and
6. That no construction take
place on Saturdays,
Sundays, or City- observed
holidays; however, the
developer is permitted to
lean the site on
S turdays, providing no
po d machinery is
use
MAYOR PRO TEM PLUMMER ENTER�M THE MEETING AT
THIS TIME (8:15 P.M.) AND TOOK HER SEAT.
Mayor Strauss requested \h t Council
Member Sansone amend the mo�r�ion to
extend the affordability per d from 20
to 35 years, to which there we a no
objections.
Council Member Turner commented t t he
did not want to see the 35 -year \
'
affordability period become the new
"benchmark" for the City as a result of
this action.
Ayes
x
x
x
x
x
The motion, as amended, was voted on and
Abstain
x
carried_
3. Mayor Strauss opened public hearing and
U/P 1677(A),
City Council review of USE PERMIT NO.
Var 1106
1677 (Amended) and VARIANCE NO. 1106 -
(88)
Request of the Stuft Noodle Restaurant,
Newport Beach, for consideration of
adding or modifying Conditions of
Approval of said applications, approved
by the Planning Commission at its
meeting on August 10, 1989. Property
located at 215 -217 Riverside Avenue, on
the northwesterly comer of Riverside
Avenue and Avon Street; zoned SP -5.
Report from the Planning Department.
The City Clerk advised that after the
agenda was printed, approximately 22
'
letters were received in support of the
Stuft Noodle remaining open during the
lunchtime hour.
Volume 43 - Page 362
el-
CITY OF NEWPORT 8"CH
COUNCIL MEMBERS
MINUTES
ROLL CALL S
z� OJ
�� ^ September 11, 1989
INDEX
The City Manager stated that the subject U/P 1677(A)
restaurant has a history going back to
1973 when the Planning Commission
approved the sale of beer and wine
service at the Stuft Noodle Restaurant.
The Planning Commission further amended
the use permit in 1975 and 1983, and
then on September 20, 1984, a condition
was added which stipulated that when
Avon Street was improved, the City shall
review the Stuft Noodle operation again,
inasmuch as said improvement could
impact the parking. Avon Street has now
been improved, and at the Planning
Commission meeting of August 10, 1989,
they voted (4 ayes, 3 noes) to recommend
the approval of this matter which
permits the full operation of the
facility at night and on weekends, and
the limited lunchtime operation during
the week.
It was pointed out that the major
concern of the three Commissioners, who
voted in opposition to the review, was
the inadequate parking for the
restaurant use for a limited operation
at lunchtime during the week. However,
a majority of the Commissioners were of
the opinion that Condition of Approval
No. 15 gives the Planning Commission the
opportunity to review the use permit at
a later date if it is determined that
the traffic and parking are detrimental
to the neighborhood. The applicant
informed the Planning Commission that
the restaurant serves a maximum of 24
customers at lunchtime during the week,
and many of the customers walk to the
restaurant facility. In addition, only
four employees work in the restaurant
during that time, and all of the
employees park in the adjoining
Municipal Parking Lot.
Mel Malkoff, 417 Tustin Avenue,
representing the owner of the Stuft
Noodle, addressed the Council in support
of allowing the restaurant to remain
open during lunchtime, and to waive the
parking requirements.. He stated that
parking has been a long -time issue in
Newport Heights; however, he felt that
the municipal lot in Mariners Mile is
underutilized. The owner of the Stuft
Noodle has written a letter to the City
Council requesting he be permitted to
purchase three annual parking permits in
the local municipal lot which would act
as "off- street," or in -lieu parking for
Volume 43 - Page 363
13
152
CITY OF NEWPORT BC_•ACH
COUNCIL MEMBERS
MINUTES
°9 ZF
ROLL CAL L
3tn,A v'p�p
September 11, 1989 INDEX
the restaurant for the lunchtime U/P 1677(A)
business. Only one room of the
restaurant is used at lunchtime which
translates into 14 parking spaces for
that size room. Patrons that frequent
the restaurant are local residents and
merchants from the area who walk to the
restaurant rather than drive their car.
He submitted two additional Letters and
a petition with 18 signatures in support
of the Stuft Noodle's request to remain
open at lunch, and urged the City
Council to sustain the action of the _
Planning Commission.
Ken Urbanus, President of Sunburst
Mortgage Company, 204 Riverside Drive,
addressed the Council in favor of the
Stuft Noodle. He stated he has 17
employees in the office, and entertains
clients often who patronize and enjoy
the Stuft Noodle.
Dr. Jan Vandersloot, 2221 16th Street,
addressed the Council and stated that he
was not opposed to the Stufc Noodle, but
felt there is a parking problem during
lunchtime. He stated he has observed
customers of the Stuft Noodle park their
vehicles across the street and then walk
to the restaurant. He reviewed the
history of parking in the area relative
to the Stuft Noodle, and stated he would
like to see a more conscientious effort
to try and mitigate the parking if this 1
request is approved. He cited a few
areas in the Mariners Mile vicinity
where parking might be available, and
stated that, inasmuch as restaurants are
one of the highest traffic generators,
he felt the request to waive the parking
requirements should be denied.
Mary Ann Malkoff, 417 Tustin Avenue,
representing the applicant, addressed
the Council in support of the Stuft
Noodle. She advised that she had
contacted Bob Grable regarding the
possibility of leasing some parking
spaces at the John Dominis site during
lunchtime hours; however, she now
understands from City staff chat the
parking spaces would have to be leased
four to five years, which may not be
possible. She emphasized that the
majority of their customers walk to the
restaurant and that many times they
never serve over 20 people during lunch.
Volume 43 - Page 364
53
CITY I OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
`�
ROLL CALL
ti� ;F
�N ^ September 11, 1989
INDEX
Janine Gault, 406 San Bernardino Avenue, U/P 1677(A)
representing Newport Heights Community
Association, addressed the Council and
stated that the Stuft Noodle has been a
"good neighbor;" however, there is the
ever - increasing parking problem in
Mariners Mile which is a major concern.
She felt that review of the subject
permit was perhaps the appropriate time
in which to mitigate some of the parking
problems even though the Stuft Noodle is
probably one of the smallest traffic
generators in the area. Their
association would like to help in any
way they can to mitigate the problems,
and would also urge that the parking
requirements not be waived.
Robert Douk, owner of the Stuft Noodle
Restaurant, addressed the Council and
stated that the lunchtime trade was not
his major business; however, he needed
the lunchtime business in order to
break -even. He has served anywhere from
3 to 30 customers during the noon hour,
and he would like to be given the
opportunity to prove that he is not a
burden on the community. He does not
feel his patrons cause any traffic or
parking problems as the majority of them
walk to his restaurant at lunchtime.
Council Member Hart commented she wished
to clarify for the record that the Stuft
Noodle is deficient of 29 parking spaces
when open at lunchtime, rather than the
3 parking spaces as referenced by
earlier speakers.
Mr. Douk replied that there are
approximately 6 businesses in the
offices above the restaurant, and that
many of those employees are out in the
field from about 10:00 a.m. to 4:00
p.m., and that his lunch trade is only
from 11:30 a.m, to 1:30 p.m. The
restaurant closes at 2:30 p.m. and
reopens again at 5:00 p.m.
The Public Works Director advised that
the subject building was first
constructed in 1958 and at that time
parking was inadequate, and it was this
particular project that led the City
Council to adopt off - street parking
standards. The building was developed
prior to the existence of those
off - street parking standards.
Volume 43 - Page 365
�5
LATY OF NEWPORT B'LACH
COUNCIL MEMBERS
C, < aT f c 4
p2 ALPO G+L 9 9�r f' v�
MINUTES
ROLL CALL y�
G
3�9
Nw September 11, 1989 INDEX
Cheryl Slepack of Balport Lock and Safe,
U/P 1677(A)
177 Riverside Avenue, addressed the
Council in support of the Stuft Noodle.
She stated she felt it would be a great
"loss" to the immediate community if the
restaurant were closed during lunch, as
it is very convenient to order items "to
go" to take back to their businesses.
She feels the parking problem is not
caused by the Stuft Noodle, but is a
result of the entire area.
Richard Kaufmann, owner of C'est Si Bon
Bakery, 149 Riverside Avenue, addressed
the Council in favor of the Stuft
Noodle. He stated he has owned the
bakery at this location for 10 years and
that many of his employees eat at the
restaurant. He also felt that many of
the parking problems in the area are
caused by other businesses and not by
the Stuft Noodle.
Rearing no others wishing to address the
Council, the public hearing was closed.
Council Member Hart stated there has
been a long -time concern of the
residents and merchants in the area to
resolve the parking issues in order to
make Mariners Mile successful. She
pointed out again the deficiency of 29
parking spaces on the part of the Stuft
Noodle, and emphasized how important it
is to the area to have adequate parking.
Motion
x
Following above comments, Council Member
Hart moved to overrule the decision of
the Planning Commission and deny the
request for week -day operation, based on
the Findings for Denial designated as
Exhibit "B."
Council Member Cox spoke in opposition
to the motion, commenting he did not
feel the Stuft Noodle was "harmful" to
the parking situation during the noon
hour, and that the restaurant should not
be penalized for the overall parking
problem in the area.
Motion
x
In view of the foregoing comments,
Ayes
x
x
x
x
substitute motion was made to sustain
Noes
x
x
the decision of the Planning Commission,
with Planning Commission review of the
subject use permit in six months. The
applicant is also urged to make every
effort to seek additional off -site
parking spaces in the Mariners Mile
area. ,
Volume 43 - Page 366
16
1515
ATTACHMENT CC -10
City Council Meeting deptember 11. 1989
Agenda Item No. D -3
CITY OF NEWPORT BEACH
TO: City Council
FROM: Planning Department
SUBJECT: A. Use Permit No. 1677 (Amended)
Public hearing and City Council review of a request to review
Use Permit No. 1677 (Amended) that permitted an expanded Stuft
Noodle Restaurant with on -sale beer and wine and a limited
lunchtime operation. The review will permit the City Council
to consider adding or modifying Conditions of Approval to said
application.
I
B. Variance No. 1106
Public hearing and City Council review of a request to review
Variance No. 1106 that permitted the waiver of a portion of
the required off - street parking spaces in conjunction with the
Stuft Noodle Restaurant. The review will permit the City
Council to consider adding or modifying Conditions of Approval
to said application.
LOCATION: A portion of Lot D, Tract No. 919, located at 215 -217 Riverside
Avenue, on the northwesterly corner of Riverside Avenue and
Avon Street, across Avon Street from the United States Post
Office.
ZONE: SP -5
APPLICANT: Stuft Noodle Restaurant, Newport Beach
OWNER: Ms, Nelly Brandsma, Newport Beach
Application
This is a request to review Use Permit No. 1677 (Amended) that permitted an
expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunch-
time operation. At its meeting of September 20, 1984, the Planning Commission
approved the one year review of said use permit. Condition of Approval No. 3
of the review provided that the "Planning Commission shall review these
applications again when a project is approved that would provide for the ultimate
design and improvement of Avon Street."
On September 20, 1984, the Planning Commission also approved the one year review
of Variance No. 1106 that permitted the waiver of a portion of the required
parking spaces in conjunction with the expanded operation for the Stuft Noodle
Restaurant. Condition of Approval No. 3 of the review also provided that
15J
TO: City Council - 2.
Variance No. 1106 be reviewed by the Commission when Avon Street is i;aproved.
Subsequent to the approval of this application, the Municipal Code has been
revised so that a variance is no longer necessary to waive parking spaces for
a restaurant use. Section 20.72.130 of the Newport Beach Municipal Code provides
that the Planning Commission, or City Council on review or appeal, may modify
or waive any of the development standards for restaurant uses, including required
parking spaces "if strict compliance with the standards is not necessary to
achieve the purpose of intent of the standard." Since Use Permit No. 1677
(Amended) is now able to provide for the waiver of parking, Variance No. 1106
is no longer necessary.
Sug,.este d Action
Hold hearing; close hearing; if desired, sustain, modify or overrule the decision
of the Planning Commission.
City Council Action
At its meeting of August 28, 1989, the City Council called this matter up for
public hearing and review as provided in Section 20.82.070 of the Newport Beach
Municipal Code.
Planning: Commission Recommendation
At its meeting of August 10, 1989, the Planning Commission voted (4 Ayes, 3 Noes)
to recommend the approval of this matter with the Findings and subject to the
Conditions of Approval set forth in the attached excerpt of the Planning
Commission minutes dated August 10, 1989. The recommended approval permitted
the full operation of the restaurant facility at night and on weekends, and the
limited lunchtime operation during the week.
The major concern of the three Commissioners who voted in opposition to the
review was the inadequate parking for the restaurant use for a limited operation
at lunchtime during the week. However, a majority of the Commissioners were of
the opinion that Condition of Approval No. 15 gives the Planning Commission the
opportunity to review the use permit at a later date if it is determined that
the traffic and parking are detrimental to the neighborhood. The applicant
informed the Planning Commission that the restaurant serves a maximum of twenty -
four customers at lunchtime during the week, and many of the customers walk to
the restaurant facility (see attached letters from customers). In addition, only
four employees work in the restaurant use during that time, and all of the
employees park in the adjoining Municipal Parking Lot.
Respectfully submitted,
JAMES D. HEWICKER
Planning Director
by /� f�-
WILLIAM R. LAYCOCK WRL /kk
Current Planning Manager CCUP167A/V1106.811
00
x0: City Council - 3.
Attachments for City Council Only:
Planning Commission Staff Report dated 8/10/89 with attachments,
including an excerpt of the Planning Commission minutes dated
7/20/89
Letters from Customers of the Restaurant Facility
Excerpt of the Planning Commission Minutes dated 8/10/89
01
Planning Commission Meeting Sul .70. 1949
Agenda Item No.
CITY OF NEWPORT BEACH
TO: Planning Commission
PROM: Planning Department
SUBJECT: A Use Permit No 1677 (Amended)(Public Hearing)
ACTION:
Request to review Use Permit No. 1677 (Amended) that permitted
an expanded Stuft Noodle Restaurant with on -sale beer and wine
and a limited lunch time operation. The review will permit
the Planning Commission to consider adding or modifying
conditions of approval to said application.
0
B. Variance No 1106 (Public Hearin
Request to review Variance No. 1106 that permitted the waiver
of a portion of the required off - street parking spaces in
conjunction with the Stuft Noodle Restaurant. The review will
permit the Planning Commission to consider adding or modifying
conditions of approval to said application.
LOCATION: A portion of Lot D, Tract No. 919, located at 215 -217 Riverside
Avenue, on the northwesterly corner of Riverside Avenue and
Avon Street, across Avon Street from the United States Post
Office.
ZONE: SP -5
APPLICANT: Stuft Noodle Restaurant, Newport Beach
OWNER: Ms. Nelly Brandsma, Newport Beach
Application
This is a request to review Use Permit No. 1677 (Amended) that permitted an
expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunch
time operation. At its meeting of September 20, 1984, the Planning Commission
approved the one year review of said use permit. Condition of Approval No. 3
of the review provided that the "Planning Commission shall review these
applications again when a project is approved that would provide for the ultimate
design and improvement of Avon Street ".
02 A
TO: Planning Commission -2.
On September 20, 1984, the Planning Commission also approved the one year review
of Variance No. 1106 that permitted the waiver of a portion of the required
parking spaces in conjunction with the expanded operation for the Stuft Noodle
Restaurant. Condition of Approval No. 3 of the review also provided that Variance
No. 1106 be reviewed by the Commission when Avon Street is improved. Subsequent
to the approval of this application, the Municipal Code has been revised so that
a variance is no longer necessary to waive parking spaces for a restaurant use.
Section 20.72.130 of Newport Reach Municipal Code provides that the Planning
Commission, or City Council on review or appeal, may modify or waive any of the
development standards for restaurant uses, including required parking spaces 'if
strict compliance with the standards is not necessary to achieve the purpose of
intent of the standard ". Since Use Permit No. 1677 (Amended) is now able to
provide for the waiver of parking, Variance No. 1106 is no longer necessary.
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).
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 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 Use
A three story building, consisting of the Stuft Noodle Restaurant on the first
floor and 5,846±- sq.ft. of office and storage space on the second and third
floors, exist on the property in question. To the north is a steep bank leading
up to property with single family development under construction; to the east,
is a single family dwelling under construction, and across Riverside Avenue, is
a single family dwelling and commercial property; to the south, across Avon
Street, is a United State Post Office; and to the west is a park site.
Background
At its meeting of June 7, 1973, the Planning Commission approved Use Permit No.
1677 to permit the sale of beer and wine in conjunction with the Stuft Noodle
Restaurant, subject to the following conditions:
1. That this approval be for a period of two years, and any extension
shall be subject to the approval of the Modifications Committee.
2. No beer or wine shall be served between the hours of 12:00 midnight
and 11:00 a.m.
03 `
TO: Planning Commission -3
At its meeting of January 2, 1975, the Planning Commission approved Use Permit
No. 1677 (Amended) which was a request to expand the existing kitchen, add
additional storage areas and a private office and to expand the existing dining
areas to accommodate an occupant load of 66 persons. Said approval was subject
to ten conditions as outlined in the attached excerpt of the Planning Commission
minutes dated January 2, 1975.
On September 8,1983, the Planning Commission approved Use Permit No. 1677
(Amended) that permitted the expansion of the nighttime "net public area" of the
subject restaurant facility and to allow a limited lunch time operation during
the week whereas the existing use permit prohibited the restaurant from operating
before 5:00 p.m. during the week. Variance No. 1106 was also approved by the
Commission to waive a portion of the required off - street parking spaces.
At its meeting of September 12, 1983, the City Council voted to call the action
of the Planning Commission up for review. On September 26, 1983, the City
Council sustained the decision of the Planning Commission.
At its meeting of September 20, 1984, the Planning Commission approved the one
year review of Use Permit No. 1677 (Amended) that permitted the expanded Stuft
Noodle Restaurant with on -sale beer and wine and a limited lunch time operation.
The Commission also approved the one year review of Variance No. 1106 that
permitted the waiver of a portion of the required off - street parking spaces in
conjunction with said restaurant use. An excerpt of the Planning Commission
minutes regarding the review as well as the original minutes of the Planning
Commission and City Council of 1983 are attached for Commission review.
Condition of Approval No.3 of the review provided that the "Planning Commission
shall review these applications again when a project is approved that would
provide for the ultimate design and improvement of Avon Street". The Public
Works Department has indicated to staff that Avon Street is scheduled to be
reconstructed in front of the subject property within the next few months. The
improvements will include the construction of curb, sidewalk, street lighting,
storm drain and street paving along Avon street. An improvement plan showing
the new street configuration in front of the Stuft Noodle Restaurant is attached
for Commission review.
Parking Requirements
At the time the subject restaurant was expanded in 1975, the total °net public
area" was 909± sq.ft, and the rear portion of the'restaurant was approved for
a private office and storage areas. The restaurant parking requirement was one
parking space for each three seats. Based on this formula and the availability
of 22 parking spaces on site, the Planning Commission limited the restaurant
operation to 66 seats. If the approved restaurant were established today,
containing 909± sq.ft. of "net public area ", the current restaurant parking
standard would require one parking space for each 40 square feet of "net public
area" or 23 parking spaces (909± sq.ft. _ 40 ® 22.72 or 23 spaces). Based on
the same formula, the parking requirement for the expanded restaurant in 1983,
TO: Planning Commission -4.
containing 1,201± sq.ft. of "net public area ", was 30 parking spaces (1,201±
sq.ft. _ 40 ® 30 spaces).
A portion of the subject restaurant (764± sq.ft. of "net public area ") was also
approved to be open for a daytime lunch operation. Based on the current parking
requirement of one parking space for each 40 sq.ft. of "net public area ", 20
parking spaces would be required for the limited lurch operation (764± sq.ft.
40 ® 19.1 or 20 spaces). In addition to the restaurant use, there is
approximately 5,846 sq.ft. of office space and related storage areas located on
the subject property. Based on the current office parking requirement of one
parking space for each 250 sq.ft. of floor area, 24 parking spaces are required
for the existing daytime office uses (5,846# sq.ft. _ 250 sq.ft. Q 23.3 or 24
spaces).
Since there are 27 parking spaces located, or partially located, on the subject
property (sea attached parking lot layout), the Planning Commission and City
Council waived 17 of the required 20 parking spaces at lunchtime during the week
and required all 27 parking spaces on -site to be available for the restaurant
use at night and on weekends.
Analysis
The attached improvement plan for Avon Street indicates that 10 parking spaces
will be located in front of the Stuft Noodle Restaurant. The parking spaces will
be located entirely on public right -of -way, and will probably be restricted to
2 hours parking during daytime hours. Said spaces will no longer be available
for the exclusive use of the restaurant facility. The existing parking layout
provides 10 parking spaces in front of the commercial building. The front
portion of said parking spaces are located on private, property, and so the
restaurant operator has used the spaces exclusively for the restaurant use (i.e.
wheel stops in the parking spaces say, "Restaurant only "). The approved parking
layout for the Stuft Noodle Restaurant also indicates parking spaces located on
the easterly side of the building adjacent to Riverside Avenue. Said spaces will
also be eliminated in conjunction with the improvement of Avon Street and the
construction of new trash and storage areas for the restaurant facility.
The removal of 12 parking spaces (Spaces No. 16 -27) will provide only 15 on -site
parking spaces for the restaurant and office uses located on the subject property
during the daytime hours of the week. Staff is concerned that allowing the
restaurant to be open for lunch during the week without adequate off- street
parking will adversely affect other businesses in the area where there is already
a high parking demand. Staff has no objections with the full operation of the
restaurant at night and on weekends when most other commercial uses in the area
are closed, inasmuch as most of the 10 public parking spaces in front of the
building on Avon Street will undoubtedly be available for restaurant patrons.
The applicant would like to maintain the existing hours (11:00 a.m. to 2:30 p.m.,
Monday through Friday) for the limited lunchtime operations. He indicated to
staff that only 20t people a day eat at the restaurant facility at lunchtime
during the week, and many patrons walk from the adjoining residential or
,5 tt,
TO: Planning Commission -5.
commercial areas. Only four employees work in the facility during that time,
while a maximum of ten employees are on duty at night and on weekends. The
restaurant is also open for business from 5 :00 p.m, until 10:00 P.M. most of the
week, but remains open until 11:00 p.m. on Friday and Saturday.
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. Staff is
of the opinion that building setbacks, a portion of the parking spaces and
traffic circulation, walls surrounding the restaurant site, landscaping, parking
lot illumination and underground utilities be waived due to the existing
developed nature of the site.
Trash Enclosure
Condition of Approval No.8 of the one year review of Use Permit No. 1677
(Amended) and Variance No. 1106 provides that "all mechanical equipment and trash
areas shall be screened from adjoining properties and from adjoining streets ".
As part of the periodic review of use permits, the Assistant Code Enforcement
officer became aware that the doors of the trash enclosure for the restaurant
facility adjacent to Riverside Avenue had been removed, and that the dumpsters
and garbage were visible to pedestrians and motorists on Riverside Avenue. The
applicant received a building permit that authorized the construction of the
enclosure for the trash and storage areas. However, the enclosure would open
onto the public right -of -way on Riverside Avenue (see attached plan of storage
area). The enclosure is also adjacent to a stucco wall which virtually obscures
any view of a proposed sidewalk on Riverside Avenue by motorists exiting the
steep driveway northerly of the commercial building. This sidewalk is intended
to be a portion of a "park loop" trail that will provide a major pedestrian link
from Newport Heights to the United States Post Office and adjoining commercial
property.
The applicant has agreed to relocate the trash enclosure so that the trash doors
and the trash trucks will not interfere with pedestrians on the sidewalk on
Riverside Avenue. The existing block wall adjacent to the driveway will also
be lowered adjacent to the Riverside Avenue right -of -way so as to provide better
sight distance for motorists on the steep driveway_
T0: Planning Commission -6.
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 of 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 Use Permit No. 1677 (Amended)
with the full operation at night and on weekends, and the limited lunchtime
operation during the week, the findings and conditions of approval set forth in
the attached Exhibit "A" are suggested. Should the Planning Commission wish to
deny the limited lunchtime operation during the week but to maintain the full
restaurant operation at night and on weekends, the findings and conditions of
approval set forth in the attached Exhibit "B" are suggested.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By Ite �X�
William R. Laycock
Current Planning Manager
WRL:11
Attachments; Exhibit "A"
Exhibit "B"
Vicinity Map
Excerpts of the Planning Commission Minutes dated
January 2, 1975, September 8, 1983 and September 20, 1984
Excerpt of the City Council Minutes dated
September 26, 1983
Street Improvement Plan
Existing.Parking Layout
Proposed Storage Area
Restaurant Floor Plan
r�
TO: Planning Commission -7.
EXHIBIT "A"
FINDINGS AND CONDITIONS FOR APPROVAL FOR
USE PERMIT NO. 1677 (AMENDED)
FINDINGS:
1. The proposed development is consistent with the General
Plan and is compatible with surrounding land uses.
2. The project will not have any significant environmental
impact.
3. That adequate parking is provided for the restaurant use
at lunchtime during the week, since many of the
restaurant patrons walk from adjoining residential and
commercial areas. Furthermore, most of the public
parking spaces located directly in front of the
restaurant facility will be available at night and on
weekends for restaurant patrons.
4. The approval of Use Permit No. 1677(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 development shall be in substantial conformance
with the approved plot plan, and floor plan, except as
noted below.
2. That the previous Use Permit No. 1677 (Amended) and
Variance No. 1106 shall expire with the approval of this
application.
3. That the restaurant shall be allowed a limited lunch
time operation during the week which will include the
front entrance area and the front dining area (764±
sq.ft. of "net public area ") only.
4. That the existing parking lot shall be maintained with
approved traffic markers or painted white lines not less
than 4 inches wide, in accordance with the existing
parking layout. All fifteen parking spaces on the site
shall be accessible and usable for vehicular parking at
all times. A directional sign shall be maintained
�o g
To:
Planning Commission -8.
designating that parking is available to rear of the
building.
5. That all asphaltic pavement surfaces of the existing
parking areas shall be maintained.
6. That all of the required daytime restaurant parking
spaces are waived and all of the existing on -site
parking spaces (15 spaces) shall be available for the
exclusive nighttime use of the Stuft Noodle Restaurant.
7. That all mechanical equipment and trash areas shall be
screened from adjoining streets. The existing trash
area shall be relocated so that the trash, doors and
trash trucks will not interfere with pedestrians on the
sidewalk on Riverside Avenue.
8. That approximately 5 feet of the existing block wall
adjacent to the driveway on Riverside Avenue shall be
lowered so as to provide better sight distance for
motorists on the steep driveway.
9. That no alterations to the existing parking design shall
be permitted without the approval of the City Traffic
Engineer.
10. That the restaurant employees shall be required to park
their automobiles in the "Mariner's Mile" municipal lot.
11. That all signs shall be in conformance with the
provision of Chapter 20.06 of the Newport Beach
Municipal Code.
12. That the hours of operation for the restaurant use shall
be limited from 11:00 a.m. to 10:00 p.m. , Sunday through
Thursday and to 11:00 p.m. on Friday and Saturday.
13. That the applicant shall obtain Coastal Commission
approval of this application.
14. That the development standards pertaining to traffic
circulation, walls, landscaping, parking lot
illumination, underground utilities and a portion of the
required parking spaces shall be waived.
15. That the Planning Commission may add 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
TO: Planning commission -9.
detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
j � G�
TO: Planning Commission -10.
EXHIBIT "B"
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMIT NO. 1677 (AMENDED)
(Restricts Lunchtime Operation During the Week)
FINDINGS:
1. The proposed development is consistent with the General
Plan and is compatible with surrounding land uses.
2. The project will not have any significant environmental
impact.
3. That adequate parking is not provided for the restaurant
use at lunchtime during the week, inasmuch as the
parking spaces in front of the site on Avon Street will
be for public use when Avon Street is improved, and the
on -site spaces will be used by office tenants.
However, most of said public parking spaces located
directly in front of the restaurant facility and all of
the on -site parking spaces will be available at night
and on weekends for restaurant patrons.
4. The approval of Use Permit No. 1677 (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 development shall be in substantial conformance
with the approved plot plan, and floor plan, except as
noted below.
2. That the previous Use Permit No. 1677 (Amended) and
Variance No. 1106 shall expire with the approval of this
application.
3. That the existing parking lot shall be maintained with.
approved traffic markers or painted white lines not less
than 4 inches wide, in accordance with the existing
parking layout. All fifteen parking spaces on the site
shall be accessible and usable for vehicular parking at
all times. A directional sign shall be maintained
designating that parking is available to rear of the
building.
j 1
T®. Planning Commission -11.
4. That all asphaltic pavement surfaces of the existing
parking areas shall be maintained.
5. That all of the existing on -site parking spaces (15
spaces) shall be available for the exclusive nighttime
use of the Stuft Noodle Restaurant.
6. That all mechanical equipment and trash areas shall be
screened from adjoining properties and from adjoining
streets. The existing trash area shall be relocated so
that the trash doors and trash trucks will not interfere
with pedestrians on the sidewalk on Riverside Avenue.
7. That approximately 5 feet of the existing block wall
adjacent to the driveway on Riverside Avenue shall be
lowered so as to provide better sight distance for
motorists on the steep driveway.
g. That no alterations to the existing parking design shall
be permitted without the approval of the City Traffic
Engineer.
9, That the restaurant employees shall be required to park
their automobiles in the "Mariner's Mile" municipal lot.
10. That all signs shall be in conformance with the
provision of Chapter 20.06 of the Newport Beach
Municipal Code.
11. That the hours of operation for the restaurant use shall
be limited from 5:00 p.m. to 10:00 p.m., Sunday through
Thursday and to 11:00 p.m. on Friday and Saturday.
12. That the applicant shall obtain Coastal Commission
approval of this application.
13. That the development standards pertaining traffic
circulation, walls, landscaping, parking g
illumination, underground utilities and a portion of the
required parking spaces shall be waived.
14. That the Planning Commission may add 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.
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NEWPORT BEACH, CALIFORNIA
STRATEGIC VISI ®N
DESIGN FRAMEWORK
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25
MARINER'S MILE
NEWPORT BEACH, CALIFORNIA
STRATEGIC VISION
.A
DESIGN FRAMEWORK
CITY LIGHTS DESIGN ALLIANCE
Keenan E. Smith, AIA
Lee Anne Kirby, ASLA- Kirby & Company
City of Newport Beach
October 4, 2000
I
MARINER ' S MILE
INTRODUCTION: THE CALL FOR A DESIGN FRAMEWORK
0.10
CHARGE AND PURPOSE
0.20
MARINER'S MILE TODAY
0.30
ONE PAST, MULTIPLE FUTURES
• STRATEGIC VISION
FOR MARINER'S MH.E
1.10
IMPROVLYG THE AUTO - RELIANT STRIP
1.20
A VIBRANT PUBLIC WATERFRONT
1.30
CREATING MARINER'S VILLAGE
1.40
UPGRADING THE PUBLIC REALM
1.50
UPGRADING PRIVATE DEVELOPMENT STANDARDS
1.60
DISTRICT -WIDE COOPERATIVE SYSTEMS
1.70
CATALYST DEVELOPMENT AND MODEL PROJECTS
1.50
A COMPREHENSIVE STRATEGY
• DESIGN FRAMEWORK FOR MARINER'S MME
2.00
PLANNING AND URBAN DESIGN
2.10
PHYSICAL FRAMEWORK
2.20
ENTRY FEATURES
2.30
MARINER'S VILLAGE
2.40
THE WATERFRONT
2.50
PACIFIC COAST HIGHWAY
2.60
STREET NAMES
2.70
LAND USE CONSIDERATIONS
CONTENTS
PAGE
5
13
25
3.00 LANDSCAPE 39
3.10 LANDSCAPE OBJECTIVES
13.20 PACIFIC COAST HIGHWAY EDGE LANDSCAPE
3.30 RIVERSIDE/TUSTIN AVENUE LANDSCAPE
3.40 TRAFFIC ISLAND LANDSCAPE
3.50 PROPERTY WALL LANDSCAPE
3.60 PARKING LOT LANDSCAPES
3.70 BLUFF LANDSCAPE
3.50 DOVER DRIVE/BACK BAY BRIDGE INTERSECTION TREATMENT
4.00 SIGNAGE 47
4.10 SIGNAGE OBJECTIVES
4.20 GENERAL SIGN CRITERIA
4.30 SIGNS NOT PERMITTED
4.40 POLE SIGNS
4.50 MULTI - TENANT SIGNS
4.60 SINGLE - TENANT MONUMENT SIGNS
4.70 LEASING AND MARKETING SIGNS
4.50 THEME SIGNS
10 /4/00 PAGE 3
27
MARINER'S MILE
10/4/00
CONTENTS
5.00 ARCHITECTURE 56
5.10 SPECIFIC ARCHITECTURAL RECOMMENDATIONS
5.20 COLOR AND MATERIALS PALETTE
5.30 LIGHTING
5.40 EQUIPMENT
5.50 WAILS AND FENCES
6.00
PARKING PROGRAM
6.10
SHARED VALET PARKING
6.20
PARKING DISTRICT
7.00 APPENDIX
7.10 REFERENCES AND SUPPORTING DOCUMENTS
65
66
2 P�cE 4
I 7
U
MARINER'S MILE INTRODUCTION
THE CALL FOR A DESIGN FRAMEWORK
The idea and initiative for creating a Design Framework for Mariner's Mile was recommended by the
Mariner's Mile Business and Citizens Advisory Committee in their Study Recommendations dated
April 2, 1997.
Formed on August 26, 1996 by the Newport Beach City Council, this committee brought both residents
and business concerns together to address the perception of negative change along Mariner's Mile.
Specific issues motivating the Committee at the time of its formation were: decreasing real estate
values as exhibited by pockets of vacant properties, a general decline in the quality of the physical
environment, specific examples of abandonment and neglect, and the recent introduction of fast food
franchises and marginal business activities, such as pawn shops in Mariner's Mile. Participants in-
cluded members of the business community, local residents and design professionals, who met in a
series of workshops over a period of nine months to discuss issues, examine the forces currently influ-
encing Mariner's Mile and explore possible strategies to improve its prospects for the future.
After months of collaborative meetings and discussions, the committee issued their findings as a series
of "Goals and Recommendations for the Entire Study Area" The Committee outlined its recommen-
dations for a Development Framework as follows:
"The City should use a land planning consultant to assist in developing policies to enable new
development /redevelopment throughout the study area to meet the following goals:
a) Encourage lot consolidation.
b) Encourage parking consolidation.
c) Coordinate site design relative to adjacent properties, without establishing a design `theme"
d) Upgrade onsite landscaping and fences
e) Unify streetscape (lights, trees, paving materials. and fences)
0 Update sign standards to encourage signage practices and promote a higher quality image
g) Develop public sign program to unify image and identify parking areas and points of interest
It) Enhance pedestrian access to businesses
i) Upgrade entry monuments
j) Reduce the number ol'curb cuts along Pacific Coast Highway
k) Consider impacts on and goals of Mariner's Mile as individual parcels develop
® 1) Include provision for public views of and access to the Bayfront, except where adequate public access already
exists or where public access is inconsistent with public safety"
10/4/00 PAGE 5
g�
INTRODUCTION
0.10 CHARGE AND PURPOSE OF THE DESIGN FRAMEWORK
MARINER'S MILE
The charge of the Design Framework document that follows is to produce a vision for an improved,
enriched and enlivened Mariner's Mile which is consistent with the goals laid out by the Business and
Citizen's Advisory Committee.
The purpose of the Design Framework is to provide a thoughtful, imaginative and integrated set of design
strategies, goals, and specific ideas to guide and assist the City, landowners, tenants and involved
citizenry in reversing its negative image and improving the future prospects for Mariner's Mile.
0.20 MARINERS MILE TODAY
At the present time, the area known locally as "Mariner's Mile" is undergoing a continuing a series of
transformations, some of which are consistent with it's historical past and others which point to an
uncertain future.
PACE 6
00/00
r,
10
•
MARINER'S MILT INTRODUCTroN
Historically, Mariner's Mile has always been a focus for marine activities. Yacht brokers; shipbuilding.
boat services and haul -out facilities, warehouses, slips and sport fishing docks shared the flat, sandy strip
facing the LidoChanneI at the Iootofthe Newport Heights, access ingboth the water and the Pacific Coast
Highway.
As recently as the early 1480's, Mariner's Mile stood as an example of what is considered good in
Newport Beach: a thriving district of independent, locally oriented businesses, easily accessed from the
City and region, parlaying its affinity to the waterfront and the marine environment with upscale
restaurants, low -key entertainment, small offices and specialty shops.
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Fi(;. 0.1 MARINERS MILE STUDY AREA
This yeasty mixture of gleaming boats, sparkling water, luxury cars, expensive restaurants and ship's
chandleries attracted locals and visitors alike. Within recent memory, the posh window seats of
Mariner's Mile seafood restaurants were the place where residents brought newcomers to be initiated
into the relaxed Newport Beach lifestyle revolving around boats, sunsets and the leisure activities Of "the
water."
10 /4/00 PAGE 7
91'
INTRODUCTION
MARINER'S MILE
Yet in the past decade noticeable changes have occurred along Mariner's Mile. Fast food restaurants and
car washes have taken hold between Dover and Rocky Point, several upscale waterfront restaurants have
closed or been replaced by themed entertainment concepts, "for lease" signs are commonplace, and some
buildings from the 1960s and 1970s are under - utilized. Pacific Coast Highway has been widened both
north and south of the Mile and increased traffic volumes have made access to local businesses more
difficult. Mariner's Mile is now perceived by some as in decline, perhaps even ugly; a place to pass
through as quickly as possible. By most accounts, it is no longer the premier spot to take first time visitors
to Newport Beach for a look at what Newport is all about.
0.21 Negative Changes
While there are those who would debate the long -term economic effects of these changes,
the negative land use and aesthetic impacts are clearly evident, including:
a) Signs are prolific, many of them illegal and of questionable taste.
b) There is a general lack of visual coherence and aesthetic appeal.
c) Buildings vie for the attention of passing motorists, using increasingly garish
colors, outlandish designs and overblown sign programs.
d) Public access to and views of the waterfront are limited.
e) There is little strong public landscape, and private landscapes do not provide
unity.
PACE 8 qI Q[4 /00
MARINER'S MILE
f)
g)
h)
i)
.1)
INTRODUCTION
New franchise businesses are designed to "stick out" not "fit in ".
Automobile activity, and auto - oriented businesses predominate.
The district is not pedestrian friendly: walking is unpleasant and crossing Pacific
Coast Highway is difficult.
The local post office has been displaced by a postal distribution center.
Recent restaurant closures, such as Windows on the Bay, Autobistro & Chili's.
10 /4/00 gPAGE 9
INTRODUCTION
0 fv
MARINER'S MILE
0.22 Positive Changes
Not all the recent changes have been negative. Positive examples include:
a) Traditional marine- oriented businesses maintain a visible presence, symbolized
by West Marine's expansion and renovation.
b) Many commercial properties have been renovated in a quality manner, such as
Mariner's Mile Marine Center and Newport Autosport, and the quality of tenants
has generally improved.
C) Vacancy rates are down considerably.
d) Some new construction activity is evident.
e) Some local restaurants have upgraded, such as Villa Nova.
f) Other local eateries continue to thrive, such as The Charthouse, and The Arches
g) Local cafes continue to attract regulars, such as C'est Si Bon, Cafe Panini and
Galeos.
h) The Arches Bridge (Newport Boulevard and Pacific Coast Highway) has been
being entirely rebuilt.
i) Portions of the Theodore Robbins site Inland West have been renovated.
j) Balboa Bay Club plans to upgrade to a first -class resort.
k) Orange Coast College Sailing Center has expanded and added a new Nautical
Library.
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MARINER'S MILE INTRODUCTION
0.30 ONE PAST, Mut.Ttpt,E Fu,rurtes
Mariner's Mile's history is founded upon the activism and pride of its locally -owned business interests.
Operating within the community of Newport Beach, the local business owners of Mariner's Mile
provided local- serving goods and services in a unique commercial setting. These local, private actions
were historically aligned in the best interests of the community and insured incremental change at a
relatively small scale.
Today Mariner's Mile is thesecond largest contributor to the City's sales tax revenues. But increasingly,
Mariner's Mile is being influenced by external forces: the. emergence and expansion of strong regional
retail and entertainment centers; the recent proliferation of fine restaurant choices in the area, the exodus
of some marine - related businesses and resident- serving business; the effects of the rapid development
of South Orange County and Newport Coast; and, finally, the continuing evolution of Pacific Coast
Highway into a high - volume, regional arterial.
In short, the role played by Mariner's Mile within Newport Beach is changing, and its image within the
community is being fundamentally altered. Envisioning a positive future for Mariner's Mile will require
a clear understanding of its past, a solid grasp of the forces currently of change, and the cooperation and
dedication of business leaders, city government officials, and the citizens of Newport Beach.
Much, has changed since Pacific Coast Highway was completed through the City in 1928, but certain
basic influences still hold true: then, as now, Mariner's Miledepends on its access to both the waterfront
and the highway. However, today the influences of the highway threaten to overcome much that
Mariner's Mile has become. Historically, Mariner's Mile has been a commercial strip with strong
dependencies on the highway, reliant on business opportunities generated by the car. But unlike the
"Super-Street" Boulevards of Inland Orange County, Mariner's Mile was (and continues to be) different
in at least two important ways:
0.31 Mariner's Mile is an integral part. of Newport Beach, one of the most affluent
communities in Orange County, entailing generally held expectations fora higher
level of quality, higher design standardsand greater expectations for the. physical
environment.
0.32 Mariner's Mile is endowed with a waterfront, part of the largest concentration of
private boats on the West Coast. This gives Mariner's Mile the physical and
visual presence of a vibrant waterfront, and creates unique opportunities for
marine- oriented business, public and private access, views and enjoyment of this
unique asset.
These two distinct characteristics are unique and unalterable, and will continue to strongly influence
® the future of Mariner's Mile.
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Given the past history of Mariner's Mile and a review of its current state, one could conclude that
prospects for the future rest on developing a public /private consensus leading to a program of policy
changes necessary to insure a positive future. This argument makes the case that both the public and
private sectors stand to gain from implementing policy changes (including the recommendations of this
Design Framework).
On the other hand, a countervailing argument exists, purporting that Mariner's Mile is the primary
product and concern of private interests who respond best to market forces. This reasoning makes the
case for nonintervention, and represents, in a sense, the "Do Nothing" scenario.
In our view, the Baseline Future of "Do Nothing" - -the laissez -faire acceptance of the status quo
condition and the failure to take steps now to stimulate improvement- -will likely lead to the following
implications and consequences:
0.33 Baseline Future of "Do Nothing"
a) Continued iransformation of properties to auto - serving uses
b) Perpetuation of the aesthetics of strip commercial development
C) Possible decline of property values
d) Declining "sense of place"
e) Possible continuation of the loss of higher -end uses such as
upscale waterfront restaurants
t) Eventual piecemeal or wholesale redevelopment
As the concerned parties continue to respond to current economic conditions, external forces, and
internal needs, a more desirable future may beenvisioned for Mariner's Mile. What follows is a synopsis
of possible strategic visions which taken together, separately or in combination could result in an
improved Mariner's Mile over tithe.
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MARINER'S MILE: S "T.RATrcic VISION
A STRATEGIC VISION FOR MARINER'S MILL:
This section outlines a set of broad, strategic planing and conceptual initiatives. Together, they add up
to a comprehensive vision for Mariner's Mile. The City is urged to consider and adopt this strategic
vision to insure a positive future for Mariner's Mile. The City should also consider possible capital
improvement and private sector incentives which would help facilitate and implement these ideas.
1.1.0 IMPROVING THE AuTo- RrIAANT STRIP
Auto - reliant uses (auto dealers, drive -thru and stand -alone restaurants. car washes, convenience retail)
have taken root and continue to seek -out portions of.Mariner's Mile, particularly in the Inland East and.
Inland West reaches of Pacific Coast Highway, and there is every reason to believe that, barring .
significant changes to existing land use, regional traffic patterns and development policies, these
subdistricts will continueto attract these typesofuses. Thedesign strategy therefore is specifically aimed
aLraising standards for development so that these types ofuses do a better job of "fitting -in" to the Mile,
and each project contributes its share to building a larger -scale visual coherence and continuity.
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Frc. 1.1 MARINER'S MILT? AuTo RELIAN'r STRIP
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97
STRATEGIC VISION
MARINER'S MILE
Design strategies which successfully recognize and deal with the economic and physical realities of
existing "auto- reliant" land uses, auto access and parcel configuration along significant "auto- reliant"
portions of the Mile, include improving private development standards and requiring the addition of
continuity elements (particularly landscaping) in order to contribute to the improvement of Mariner's
Mile as a whole:
1.11 Recognize the auto - reliant nature of much of Pacific Coast Highway, particularly
on those zones on the inland side, both east of Rocky Point and west of 3000 West
Pacific Coast Highway.
1.12 Institute improved planning, design and development standards for auto-oriented
businesses (i.e. requiring better quality buildings and landscaping to "fit in" with
Mariner's Mile).
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1.20 A VIBRANT PUBLIC WATERFRONT
STRATEGIC VISION
The waterfront along Mariner's Mile is one of it's most unique and distinguishing features. Several
planning and design initiatives are proposed to enhance this feature, improve connections to the rest of
Mariner's Mile and broaden its benefits to the City as a whole.
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I'tc.1.2 MARINER'S MILE WA•rERFRONT
.121 CreateacontinuouSlydesignedpedestrianenvironment ,buildingnorthandsouth
from public lands and Orange County leaseholds (Bistro 201, the Marina, OCC
Sailing, Sea Scouts; Balboa Bay Club).
1.22 Encourage pedestrian connections to (and along) the waterfront wherever pos-
sible.
1.23 Build /reinforce connections from water to Pacific Coast Highway and. the
proposed "Mariner's Village''.
1.24 Encourage visitor - oriented uses on the waterfront wherever possible.
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STRATEGIC VISION
MARINER'S MILE
MARINER'S MILE WATERFRONT
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MARIN -.ER's MILE
1.30 STRENGTHENING •rHr CoRr: CREATING "MARINER's VILLAGE"
STRATEGIC VISJON
The area on the inland side. of Pacific Coast Highway, at the foot of the bluffs in the vicinity of Tustin
Avenue, Riverside Avenue, and Avon Street presents a unique opportunity for the creation of an active
pedestrian- oriented retail district. Strategically located at the center of Mariner's Mile, such a "village"
district has great potential to serve adjacent neighborhoods, visitors and existing marine uses. The
structure for such a "village" is already present in the existing uses, pattern of streets and alleys and
current relationships to neighboring uses.
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Fic.1.3 MAkINFR'S Vu,LAGr STUDY AREA
AI a minimum, reinforcing and building on the interesting mix of existing uses could provide a signifi-
cant focal point for Mariner's Mile. Without much stretch of the imagination, it could all come to-
gether here: connections to the waterfront, local - serying retail, marine uses and visitor attractions com-
bining- to create a new "heart` for Mariner's Mile.
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STRATEGIC VISION
MARINER'S MILE
The intersections of Tustin and Riverside are important activity "nodes" along Mariner's Mile. At
these points, traffic is brought to a stop by signals, allowing safe pedestrian crossings to the waterfront,
and neighborhood traffic access to and from Pacific Coast Highway. This is also where the Bluff pulls
back from the highway, allowing properties of significant size and depth to exist. This creates unique
development opportunities, possibly even those of considerable magnitude to be envisioned.
1.31 Establish a Business Improvement District for "Mariner's Village" in the area
below the bluff and served by Tustin Avenue, Riverside Avenue, and Avon
Streets.
1.32 Promote a strong pedestrian orientation (streetscape, street furnishings & side-
walks).
1.33 Consider lot swap /consolidation. Encourage the possibility of a cohesively
developed Retail Center, with new Anchor tenants such as a Grocery and Drug
store.
1.34 Actively solicit and promote local- serving tenants (upscale market, cafes &
specialty retail).
1.35 Implement a comprehensive parking strategy, including preserving on- street
parking, establishing a Mariner's Mile Parking District and encouraging more
common parking lots.
1.36 Find new home for USPS Distribution Center.
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MARINER'S MILE
.STRATEGIC VISION
1.40 UPGRADING THE PUBLIC REALM: ENTRIES, STREETSCAPE AND LANDSCAPE
This strategy aims to upgrade the visual character of Mariner's Mile and seeks to strengthen aesthetic
continuity throughout. The idea is to reinforce a district -wide identity and orientation through graph-
ics, signage and the creation of a common landscape and streetscape. A sense of arrival and departure
from the district is also enhanced though the design of entry monuments at its boundaries.
10/4/00
1.41 Improve the appearance of Pacific Coast Highway.
1.42 Strengthen/reclaim streetscape in Mariner's Village (Riverside Avenue, Tustin
Avenue, and Avon Street).
1.43 Transform bluff landscape (starting with City Parks).
1.44 Implement a district -wide logo graphic.
1.45 Upgrade entry monuments at Dover and Newport Boulevard bridges.
1.46 Install district -wide directional signs.
1.47 Establish a Pacific Coast Highway landscape framework and palette: palms and
hedge required at all developments.
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STRATEGIC VISION
MARINER'S MILE
1.50 UPGRADING PRIVATE DEVELOPMENT STANDARDS: SIGNAC,E, ARCHITECTURE, AND LIGHTING
This strategy seeks to encourage higher quality private development projects, while not restricting the
individual expression businesses need to successfully convey their identity.
1.51 Establish a real estate sign program for Mariner's Mile.
1.52 Enforce and clean up existing nonconforming signs.
1.53 Consider strengthening existing sign ordinance.
1.54 Require all buildings to be designed as "five -sided architecture"
(i. e. designs must consider views of all walls and the roof).
1.55 Encourage backbone color palette and painting system for all buildings.
1.56 Control light glare spill -off by requiring "zero- cutoff' fixtures.
1.57 Encourage an upgraded family of fence and wall designs.
The bulk of the visual clutter along Mariner's Mile is due to signs, some of which are not in conform-
ance with the City's existing Sign Ordinance. Solving the problem of signage on Mariner's Mile will
have a tremendous positive effect on it's image and visual quality.
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MARINER'S MILE STRATEGIC VISION
The design of individual buildings should recognize that all of Mariner's Mile is seen from above;
therefore careful attention to the design of roofs is critical, along with the organization and screening of
rooftop equipment. In addition, many buildings are seen by different constituencies from both the
front and the rear, requiring equal design consideration.
A common color palette (calm neutrals with accenting trim) could create a less discordant, more taste-
ful and sophisticated look along the Mile, which has too wide a variety of building types to consider a
uniform architectural style or predominant design theme.
Lighting which is sensitive to adjacent residential neighborhoods in its intensity, color and careful
deployment would minimize conflicts between commercial and residential land uses.
Architectural details, such as site fences and gates also offer the opportunity to enhance quality and
continuity through upgraded materials, design configurations and colors.
1.60 DISTRICT -HIDE COOPERATIVE SYSTEMS AND AMENITIES
Solving parking and parking distribution problems is key to revitalizing the district and ensuring
• healthy businesses along Mariner's Mile. This strategy tackles the problems of "parking territorial-
ity" created by the on -site parking requirement by proposing a parking district for Mariner's Mile
which would allow businesses to share available public and private parking.
•
1.61 Establish a parking district authority for Mariner's Mile.
1.62 Selectively eliminate the on -site parking requirement at Mariner's Village.
1.63 Create a valet parking "pool," drop /pickup points, and retrieval system.
1.64 Organize a Mariner's Mile Business Improvement District.
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STRATrGIG VISION MARINER'S MILE
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Developing a balance between parking supply and demand is crucial to solving the problem. Highly
visible Mariner's Mile Valet Stations, located both on the waterfront side and the inland side of Pacific
Coast Highway, could help visitor- oriented waterfront uses gain parking capacity. Such cooperative
systems could provide the first step in forging a common purpose for businesses on Mariner's Mile,
perhaps leading to a Marine's Mile Business improvement District with the means and methods for
providing much needed common services, facilities and amenities.
0
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MAernre's MILE STRA'rrcic VISION
1.70 CATAt,vs'r DL'vrl.OPMENTS AND MODEL PROJECTS
Development of certain properties along Mariner's Mile have a large potential impact and hold
larger possibilities for positive change than others. These land holdings are strategic by virtue of
their size, visibility and /or location. Larger or multiple -lot developments have a better chance of
providing exemplary development quality and promoting visual coherence and continuity. Such
properties would typically have more resources available and more design flexibility to be able to
make contributions to the larger whole. It would therefore be most important to encourage "Model
Project" developments consistent with Design Framework and Specific Plan Goals most particularly
at the following strategic properties:
1.71 Ardell property
1.72 Mariner's Village Retail Center & Shops
1.73 Ray property
1.74 Gugasian properties
1.75 Horwin property
1.76 Lower Castaways
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Fw.1.7 POTEATIAL Moues. Nwi --C•rs
PAC, F. 23
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S,rHA•rr•.cic VtsiaN MARINERS MILE
•
On the other hand, these properties (again by virtue of their size and location) have the. greatest potential
to disrupt efforts to improve Mariner "s Mile. Prospective development efforts by landowners should be
engaged early, on a proactive basis, to insure positive outcomes consistent with the overall vision.
Successes in the development (or redevelopment) of these strategic properties will likely stimulate
positive change elsewhere along the Mile in a "ripple effect" of potentially widespread scope.
1.80 A C0MI1REtttiNSIVF S-rRA,rFCv
The preceding strategic and conceptual initiatives, il'taken separately, have only selective and limited
potential for positively transforming the Mile. However, when taken together, the combined effect
would be nothing short of a complete recasting of the future possibilities for Mariner's Mile and a
fundamental repositioning of this district within Newport Beach. It our strong recommendation that full
and serious consideration be given to the powerful synergistic effects ofadopting a comprehensive vision
for Mariner's Mile, complete with the implementation a program of short -term and long-term policies
consistent with this vision.
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MARINER'S MILE DESIGN FRAM EWGRK.
A DESIGN FRAMEWORK FOR MARINER'S MILE
Design Framework Goals and Objectives
Mariner's Mile is a unique business district within the City of Newport Beach with its own particular
set of design issues and opportunities. The strategic visions outlined in the previous section can be
achieved thought implementation of specific design recommendations in the areas of planning, urban
design, landscape, signage and architecture.
The Design Framework sections which follow are aimed at creating the conditions necessary to promote
a consistent, comprehensive vision and positive future for Mariner's Mile. If the Vision is the "platform"
of the Design Framework, the following sections on Planning and Urban Design, Landscape, Signage,
and Architecture represent the philosophical "planks" of the Design Framework.
2.00 PLANNING AND URBAN DESIGN
The planning and urban design framework for Mariner's Mile concerns itself with large- scale design
conditions, district -wide relationships, and connections to the rest of Newport Beach. The following
specific ideas and recommendations pertain to design improvements aimed at positively effecting the
® district as a whole.
2.1,0 PuvsICAI, FRAmrIVORK
A very clear physical design framework exists for Mariner's Mile. The boundaries of the study area can
be described by four physical features unique to this part of Newport Beach:
a) The Arches Bridge
b) The Back Bay Bridge
c) The Newport Heights Bluff
d) The Newport Bay/Lido Channel
10/4/00 PAGE 25
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D E S I C N FRAMEWORK MARINER ' S MILE
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Fic. 2.1. PHYSICAL FRAMEWORK
These physical features provide the underlying fundamentals of a unique sense of place: clear
boundaries, defined edges and a pronounced sense of arrival. These boundaries provide clear spatial
definition andidentityforMariner'sMile. Combined with the powerful linearpresenceof Pacific Coast
Highway, these define the physical parameters for the Mariner's Mile and establish the way the Mile is
experienced. Inshort, these features tell you when you've arrived (or leave) Mariners Mile and provide .
clear orientation from within once you're there.
Objective: The existing physical clarity of the district should be improved by strengthening and
reinforcing the boundaries which define it: Entry Features. The Bluffs, The Arches Bridge, The Back
Bay Bridgc /Dover Intersection and the Lido Channel Ed-e.
-J
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MA RINER's MILT
2.20 ENTRY FEATURrs
rsIr.N FRAnl rWORK.
One method to strengthen the sense of place of Mariner's Mile is to reinforce its entry features
though the addition or enhancement of the related design features described in this section. The
following graphic. representations are for illustrative purposes only.
2.21 Adoption of a new logo for Mariner's Mile, related to or incorporating City of
Newport Beach seal, for use at the entries Arches bridge and the Back Bay bridge.
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DESIGN FRAMEWORK
MANINLR'S MILL
2.22 Installation of a new lighted 'Welcome to Mariner's Mile' sign near the new
Arches Bridge at Newport Boulevard facing southbound Pacific Coast Highway
traffic.
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DESIGN FRAMEWORK
2.23 Installation of a redesigned, lighted 'Welcome to Mariner's Mile' sign as a new
monument sign within the intersection landscape at Dover Drive facing north-
bound Pacific Coast Highway traffic.
2.24 The planting of Red Bougainvillea as the signature color in massed plantings with
clusters of palms at the two main entries of Mariner's Mile.
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DESIGN FRAMEWORK
MARINER'S MILE
2.25 The installation of flags or banners mounted to the Arches Bridge and the Back
Bay Bridge to enhance the entry to Mariner's Mile, to create a memorable
experience for regional traffic, and to foster the pedestrian connections among
Mariner's We and Balboa Peninsula and Bayside Drive.
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2.30 MARINER'S VIUACE
Mariner's Village, the area around the intersection of Pacific Coast Highway and Riverside and Tustin
Avenues, is the core and focal point of Mariner's Mile. The City's long -term goal for this area should
be to reinforce its potential to become the active "heart" of Mariner's Mile. In order to realize this
potential, the appearance, liveliness and sense of place should be enhanced by promoting improvements
to private development and the public realm, and generally encouraging a stronger pedestrian orienta-
tion:
2.31 By developing a more human -scale streetscape, more inviting street furnishings,
and more functional sidewalks.
2.32 By encouraging lot swap /consolidation schemes, such as a new
cohesively- developed retail center with a major anchor tenant.
2.33 By actively soliciting local- serving tenants Such as upscale market, cafes,
theaters, and specialty retail.
2.34 By implementing a parking strategy, including preservation of on- street parking,
the establishment of Mariner's Mile Parking District and the encouragement of
more common parking lots.
2.35 By finding a new home for United States Postal Service Distribution Center so
that the site can have a less truck - oriented use.
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Ftc. 2.3 MARENER'S VILI.AGE S-run), AREA
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DESIGN FRAMEWORK
2.40 THE WATERFRONT
MARINER'S MILE
The Waterfront along Lido Channel is one of the most beautiful and distinguishing features of Mariner's
Mile. Currently, due to historic development patterns, the Waterfront is highly private, with limited
public access to the water, blocked views and fragmented connections between properties. Opening -up
the waterfront and promoting waterfront access should become a long -term goal of the City, as it has
enormous potential for improving the image and economic health of the district as a whole. The City
should consider both capital improvement and private- sector incentive programs which encourage
opening -up the waterfront.
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Specific design concepts and policy strategies for the Waterfront include:
2.41 Create a continuous pedestrian environment along the Waterfront, beginning at
the south end from the OCC Sailing Center and Sea Scouts Base (including an
extension to the Balboa Bay Club) to the County -owned marina across from
Arches on the north.
2.42 Encourage waterfront pedestrian connections between parcels wherever
possible.
2.43 Build/reinforce connections from the Lido channel to Pacific Coast Highway and
Mariner's Village.
2.44 Encourage visitor- oriented uses on the waterfront wherever possible.
2.45 Create a Mariner's Mile Waterfront Park atthe county-owned marinasouthof the
Arches Bridge.
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2.50 PACINC COAST HIGHWAY
DESIGN FRAMEWORK
Mariner's Mile shares many of the same challenges faced by other commercial areas which are bisected
by a major regional arterial highway. The presence and influence of West Pacific Coast Highway on the
physical environment of Mariner's Mile cannot be understated. It is the major reason Mariner's Mile
looks the way it does today.
In a sense, Mariner's Mile (along with Corona del Mar), is where Pacific Coast Highway "goes through
town." Northbound, just past Dover, the highway narrows due to a reduction in the number of lanes.
From Dover to Rocky Point, Pacific Coast Highway is constrained by the bluff rock outcroppings of
Rocky Point and the highway oriented, "wide /shallow" Inland East properties at the foot of the Bluff.
From Rocky Point to the Arches, the fine -grain pattern of "narrow /deep" frontage properties in Mariner's
Village frequently take direct access from the highway through a series of multiple curb cuts in a typical
"strip commercial" pattern.
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DESIGN FRA\7EwOR6 MARINER'S MILE
Pacific Coast Highway is a regional artery; a wide, high -speed boulevard providing a convenient
route for regional traffic. Pacific Coast Highway is also the "main street" of Newport Beach provid-
ing access for many neighborhoods and business districts. The Mariner's Mile segment of Pacific
Coast Highway provides vital access to local businesses and the waterfront as well as important
ingress /egress to adjacent bluff -top neighborhoods,
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MARINER ° S MILE
DFS1eN FRADIF.WQRK
Specific recommendations related to mitigating the impact of Pacific Coast Highway through
Mariner's Mile are outlined below:
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2.51 Encourage development of multiple lots and shared access agreements in order
to consolidate curb cuts, thereby reducing potentially hazardous turning move-
ments on and. off Pacific Coast Highway.
2.52, Maintain and expand on- su-eetparking capacity along Mariner's Mile toincrease
the pool of available convenience parking for businesses.
2.53 Encourage developments which access parking lots from rear through shared
access alleys, driveways orparking lots. to reduce turning movements on and off
Pacific Coast. Highway, especially in the Mariner's Village area.
2.54 Discourage transportation policies and traffic engineering practices which pro-
mote increased traffic volumes and speeds in Mariner's Mile in order to encour-
age a "village" feel and promote pedestrian safety.
2.55 Support planted median dividers at non -boat sale areas to improve motorist
safety, clarify business access and enhance the visual environment.
2.56 Explore theaddition of2-3 trafficsignals to improve business access andprornote
safe pedestrian crossing of Coast Highway in conjunction with key development
projects.
2.57 Explore rededication of Pacific Coast Highway right -of way from Caltrans
jurisdiction to the City of Newport Beach.
2.58 Discourage the policy of widening Pacific Coast Highway through Mariner's
Mile. Do not support PCH widening unless all regional alternatives are ex-
hausted. If widening is adopted as City policy, private property condemned for
right -of -way should be taken as whole parcels only, with remuneration to
Property Owners at Pair Market Value.
2.59 Encourage temporary public and private landscaping improvements in the zone
of potential widening for Pacific Coast Highway (inland side).
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DESIGN FICA N.6 W R IC
MARINER'S M1Ls
2.60 S,rREEr NA'm ES
To reinforce the waterfront location and identity of Mariner's Mile, the names of the
disconnected segments of Riverside Avenue and Tustin Avenue are proposed to be, changed.
2.61 The segment of Riverside. Avenue that is actually the extension of Cliff
Drive is proposed to be renamed to a name such as "Mariner's Way"
2.62 The segment of Tustin Avenue from Pacific Coast Highway to the
intersection of Avon Street is proposed to be renamed to a name such as
"Blue Pacific Avenue."
The result is that the lighted street names on the traffic signals spanning Pacific Coast Highway will
display names that relate more to the coast and less to inland towns.
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PACE 36 10/4/00
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MARINER'S M I L E
® 2.70 LAND USE CONSIDERATIONS
DESIGN F R A M 13 1V O R K
Mariner's Mile is closely surrounded by and easily visible from several existing neighborhoods:
a)
Bayshores
b)
Newport Heights
C)
King's Road
d)
Cliff Drive
e)
Santa Ana Avenue /Avon Street
f)
Lido isle
2.71 Sensitivity to Existing Neighborhoods
Sensitivity to the adjacencies of the existing neighborhoods with proposed new
uses and development projects is encouraged and should be reviewed on a case -
by -case basis. Mitigation. of potential impacts to existing residents should be
considered and balanced against the business interests of Mariner's Mile.
Mitigation of impacts may be accomplished through landscaping, equipment
screening, Limitations on signage, lighting and glare spill -off,, building colors, or
other appropriate treasures.
2.72 Balance Neighborhood, Marine and Tourism
Traditional marine uses, commercial businesses and restaurants lend character
and are enjoyed by nearby residents and visitors alike, especially in the Village
area, but these activities can sometimes impact residential uses.
New uses along Mariner's Mile should seek to strike abalance between commer-
cial businesses, traditional marine uses, restaurants, the pleasure of Newport
Beach visitors and the privacy of Newport Beach residents, by encouraging
Compatible Land Uses:
a) Encourage neighborhood retail in Mariner's Village
b) Encourage high- quality Professional offices
c) Allow a range of residential uses where feasible
d) Allow limited auto - serving retail at Inland East and Inland West
e) Encourage Visitor- serving facilities along the waterfront
f) Encourage marine sales and service businesses
g) Seek relocation of USPS distribution facility Out of Mariner's Village
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DESIGN FRARIE{VORR MARINER'S MILE
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2.73 Encourage Diverse Economic Development
Mariner's Mile already contributes significantly to the business climate and
economic health of Newport Beach. By capitalizing on its unique assets, location
and character, and by promoting a strong and diverse economic development
activities, Mariner's Mile has the potential to make an even greater contribution
to Newport Beach's business venue and fiscal viability.
Objective: City policies which provide revenue benefits to the City or promote richer diversity of
businesses and uses along Mariner's Mile should be encouraged, including:
a) Emphasize tourism as an element of new uses along Mariner's Mile.
b) Promote the enhancement of Mariner's Mile as a potential tourism site.
C) Create more user- friendly vehicular access and entrances to businesses.
Policies which hamper broadening the range of business development activities or are
"non- business - friendly" Should be reviewed for potential discontinuation including:
d) Discontinue Specific Plan stipulation of40% Marine Use for multi-tenant
properties. is
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MARINER'S MILE. DIssIGN FRAMEWORK
3.00 LANDSCAPE
This section of the Design Framework concerns itself with landscape issues and opportunities on
Mariner's Mile, both general and m specific. Of all the aspects of environmental design on the Mile,
improvements to its landscapes, whether public or private, large or small, have the greatest potential to
promote positive change and visual coherence and quality.
Fragments of the proposed framework already exist in the form of palm tree rows and clusters, bits of
hedge, isolated masses of bougaunviilea and disparate pieces of unrelated streetscape. Many of the
Following opportunities and recommendations derive directly from a desire to build upon this existing
framework.
3.10 LANDSCAPE OBJECTIVES
The landscape is an crucial contributor to the perception of quality of Mariner's Mile.
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FIG. 3.1 LANDSCAPE FRAMEWORK
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DESIGN FRAMEWORK
MARINERS MILE
The central idea of the Landscape Framework is to create continuity through common landscaping
improvements throughout Mariner's Mile. These individual improvements contribute to improving
the larger whole, and over time have great potential to transform the visual character of the district.
Therefore, trees and shrubs at all sites in Mariner's Mile need to be coordinated to promote visual
coherence and consistency and to hide the bumpers and tires of parked vehicles. Existing unused paved
areas should be converted to planting areas.
The creation of strong, coherent streetscapes, scaled appropriately to vehicular and pedestrian activities,
land uses and planting conditions should be promoted over time to improve property values and boost
the overall sense of place within Mariner's Mile. The following recommendations provide a blueprint
for achieving the landscape design objectives outlined in Fig. 3.1.
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MARINER'S MILE
3.20 PACn? ICCOAs '1'HIGIIWAYFDCELANI)SCAPI'
.DESIGN F11AbIEWORR
A minimum 4400t wide planting area (from back of sidewalk to parking lot or building) with a palm
and hedge is required at each site fronting Pacific Coast Highway in Mariner's Mile for palm and
hedge plantings. However, a 6 -foot wide planting area is recommended. This continuous planter
area shall be required across the entire frontage of the property and shall contain a continuous hedge
and paln)s except where existing buildings or driveways occur and are to remain at back of walk.
PALM:
W ASHINGTONIA ROBUSTA
HEDGE:
irUGUS.TRUM HEDGE
RIGHT -OF -WAY
4' CLEAR MIN.
VARIES
6' CLEAR RECOMMENDED —k� —�-
PRIVATE PROPERTY PUBLIC RIGHT -OF -WAY
FIG. 3.2 PACIFIC COAST HIGIIWAY EDGE LANDSCAPE
In addition, a parkway planter located between the walk and curb is proposed for locations where
possible, an conditions when a palm row is planted at back of walk, the parkway planter on the
highway side of the walk can be a mininuun of 2' to 3' Clear (excluding curb) with hedge only.
When no palm row exists at back of walk, the parkway landscape between walk and curb is to
include a palm and hedge in a planter that is a minimum of 4' clear (excluding curb) but 6' clear is
recommended.
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DESIGN FRAMEWORK
MARINER'S MILE
3.21 Tree: Washingtonia robusta (Mexican Fan Palm) with 8' trunk height and a
subdrainage system at a minimum of 18 feet on center. The minimum number of
palm trees shall be calculated by dividing the total linear feet of street frontage
including driveways by 18. The number of palms resulting from this calculation
is the minimum standard. Palm spacing can be modified slightly or palms can be
clustered in groups of three (3) minimum as long as the number of palms installed
is equal to the minimum standard.
Retain existing Eucalyptus trees when possible. If Eucalyptus trees are added or
replaced Eucalyptus citriodora are recommended.
3.22 Hedge: Ligustrurn j. 'Texanum' (Texas Privet) at 30 inches on center located at
back of walk and/or between walk and curb, trim to 30" high.
3.23 Groundplane: Fesuu•a e. 'Marathon II' (Tall Fescue) sod.
PAGE 42 10/4/00
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MARINER'S MILE DRstcN FRANIE-WORK
3.30 RtvLRSn)r1TuSTIN AVENUE LANDSCAPE
3.31 Tree: Washington.ia robusla (Mexican Fan Palm) with an 8' trunk and a
subdrainage system at 18 feet on center. Alternate: An evergreen tree such as
Cy)areiopsis crrrcicot-clioicles (Carrotwood) to shade sidewalks and to reduce glare
in the "Mariner's Village" area.
3.32 Hedge: Ligustrum. j. `Texanum' (Texas Privet) at 30 inches on center located at
back ofwalk and/or between walk and curb.. trim to 30" high.
3.33 Groundplane: Festucn e. 'Marathon fl' (Tall Fescue) sod.
3.40 TRAFFIC ISLAND LANDSCAPE
The existing and any new traffic islands or medians along Pacific Coast .Highway should be land-
scaped to reinforce the concepts at the bridges.
3.41 GCOUndcover /Shrub: Carissam. 'Green Carpet' at24 inches on center for islands
medians up to 6 feet wide, or Bougainvillea `Crimson Jewel', `La Jolla' or
'Temple Fire' at42 inches on center for islands /medians that are 6' wide or wider.
3.50 PROPERTY WAt:I. LANDSCAPE
3.51 Vine: Bougainvillea 'Barbara Karst' and Bougainvi.11ea'San Diego Red' at5 feet
on center in front of the wall if space available, or behind the wall.
In tighter conditions use Ficus pumi.la (Creeping Fig) at 5 feet on center.
The following are the Bougainvillea varieties recommended for Mariner's Mile:
Botanical Name Common Name Height Spacing
Bougainvillea 'Barbara Karst' Bougainvillea 8' to 12' 6' on center
Bougainvillea 'San Diego Red' Bougainvillea 8' to 12' 6' on center
3.61) PARKING Lor LANDSCAPE'S
3.61 Tree:
a) .Inland of PCH: An evergreen tree such as Cupaniopsis anacordioides
(Carrotwood) to shade the parking lot and to reduce glare in the parking lot from
homes on the bluff. One tree to be planted for every 4 cars.
b) Waterfront side of PCH`. Palm trees such as Washingfonia robasta (Mexican
Fan Palm) with an 8' trunk and a subdrainage system to break up expanse of
parking lots. One tree to be planted for every 4 cars.
10/4/00 PAGE 43
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DESIGN FRAMEWORK
MARINER'S MILE
3.62 Perimeter Shrub: Ligustrwn j. 'Texanum' (Texas Privet) at 30 inches on center
located at back of walk to create hedge to hide the bumpers and tires of parked
vehicles.
3.63 Shrub internal to parking lot such as Raphioiepis i. 'Clara' (India Hawthorn) at
30 inches on center.
3.70 Bluff Landscape
Strengthen the boundaries of Mariner's Mile and improve the consistency and appearance of the
bluff above Pacific Coast Highway by:
3.71 Planting Red Bougainniliea at the top and toe of the bluff
3.72 Recommending a common hydroseed mix design for slopes to residents
3.73 Removing existing iceplant from the slope to avoid failure of the bluff surface due
to the heavy weight of this plant material
3.74 Removing existing invasive plant material such as Pampus Grass from the bluff
3.75 Retaining existing Phoenix canariensis (Canary Island Date Palm) on the bluff
3.76 Planting 15 Gallon Phoenix canariensis on the bluff if additional palms are
desired. Other palm species should be reserved for the street tree planting.
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MARINER'S Mri.r DESIGN FRAMEWORK
3.77 Retaining existing healthy trees and pruning them to shape, such as `lacing out"
the existing Ficus trees, rather than "topping" trees which can accelerate new
growth resulting in more frequent tree trimming and possible loss of the tree from.
excessive weight on upper branches.
3.78 Specific recommendations for the bluff landscape zones are as follows:
a) Top of Bluff: Plant a minimum of two rows of Bougainvillea 'San Diego Red'
at 5 feet on center with triangular spacing approximately 10 feet below the crest
of the bluff.
b) Bottom of Bluff: Plant a minimum of two rows of.Botgainvillea `San Diego
Red' at 5 feet on center with triangular spacing approximately .10 feet above the
toe of the bluff or a retaining wall.
c) Central Bluff Zone: Plant the central bluff zone with shrubs, groundcover,
and scattered„ informally- placed trees. Trees are to be placed with sensitivity to
views from bluff -top residences.
The following is a recommended plant list for the central zone of the bluff:
®
Botanical Name
Common Name
Height
Spacing
On
Center
i. Trees S Palms:
Eucalyptus lelmlannii
Spotted Gum
15 Gallon.
Sparse
Ficus m. nitida
Indian Laurel Fig
15 Gallon
Sparse
Phoenix c_anariensis
Canary Island Palm
15 Gallon
Accent/
Sparse
ii. Medium to Tall Shrubs:
Arbutus uendo 'Compacta'
Dwarf Strawberry Tree
5' ht.
30"
Myoporumn corsonii
Carson's M.yoporum
6' -8' ht.
4'
Myoporumlatewn
Ivlyoporum
20' -30' ht.
10' -12'
Rhnouutscaliforni.ca
Coffeeberry
6' -12'
8'
Rhaninuas coli ornica `Eve Case'
Eve Case Coffeeberry
4' -6' ht.
30"
iii. Groundplane:
Baccharis p. `Twin Peaks'
Dwarf Chaparral Broom
I'-3' ht.
8' to 10'
Ceanothus g. h. `Yankee Point'
Yankee Point Ceanothus
T -3' ht.
8' to 10'
Coprosum kirkii
NCN
1' -3' ht.
42"
Myoporuort In. 'Pacificum'
Myoporum
2' ht.
4'
Loniceru j. `Halliana'
liall's Honeysuckle
2' ht.
2`
®
iv. Nurse Crop during Establishment:
Achillea nd le/bliunv. Common Yarrow
Hydroseed
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DESIGN FRAMEWORK
3.80 Dover Drive/Back Bay Bridge Intersection Treatment
MARINER'S MILE
The Back Bay Bridge is the southern boundary of Mariner's Mile. The following landscape modifi-
cations are recommended to strengthen the boundaries of Mariner's Mile by relating this entry to the
northern entry at the Arches Bridge:
3.81 Add clusters of (6) min. Washingtonia robusta (Mexican Fan Palm).
3.82 Add masses of 'San Diego Red' & 'Barbara Karst' Bougainvillea.
3.83 Add a newly- designed lighted monument signage for Mariner's Mile.
3.84 Add nautical flags and decorative pedestrian light fixtures on bridge rails.
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4.00 SIGNAGE
DESIGN FRAMEWORK
4.10 Signage Objectives
Commercial properties on Mariner's Mile display a veritable profusion of signs many of which
violate the existing signage ordinance or are of questionable taste.
Signs are an important element contributing to the perception of quality of Mariner's Mile. Exterior
signs at all sites in Mariner's Mile need to be coordinated to promote visual coherence and consis-
tency.
Objective: Adopt new sign regulations to encourage legibility, visual coherence and coordination.
The first step in improving signs on Mariner's Mile is to enforce the standards of the existing signage
ordinance of the City of Newport Beach. Existing nonconforming signs should be removed.
Beyond enforcement, the next step is to develop acceptable signage criteria which fits the needs of
businesses within the district. To that end, the following specific signage recommendations and criteria
were developed in cooperation with the Mariner's Mile Business Owner's Association.
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DESIGN FRAmIE \YORK MARINER'S MILE
4.20 GENERAL SIGN CRITERIA
All signs in Mariner's Mile should conform to the following general criteria:
4.21 To the greatest extent possible, signs for each site should be 'limited to those
identifying businesses, giving directions for on -site circulation and providing
leasing information.
4.22 Advertising is discouraged on any sign (i.e.; product /service information, prices
and sale information, phone numbers, website. addresses).
4.23 Sign copy should be located no closer than one -half letter height to any sign edge
or other line of copy to provide sufficient blank space around the letters for the
sign to be legible.
4:24 Temporary Banners are allowed, subject to City permit requirements.
4.25 Lighted signs are allowed, subject to City ordinance requirements.
4.26 `'Heritage Sign" designation may be granted, subject to City ordinance require-
ments, for signs which have historical or local identity significance to the City of
Newport Beach.
4.30 SIGNs NOT PE101ITTED
The following types of signs should not be permitted. Existing signs of this type should be removed:
4.31
4.32
4.33
4.34
4.35
4.36
4.40 POLL: SIGNS
Roof- mounted Signs (higher than the building roofline).
Permanent Banner Signs.
Painted Signs, including Window Signs or `'Soap" signs.
Multi- Tenant Pole Signs.
Changeable Copy Signs.
Illegal Signs (signs not permitted by existing Signage Ordinance).
New pole signs are permitted subject to conformance with the design standards outlined below.
4.41 Modifications. Existing pole signs do not require modification in conformance
PAGE 48 10/4/00
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DEsIGN FRAMEWORK
with these standards unless leasable area of the property is increased by 2510 or
2.500 square feet, whichever is less, or if a pole sign is remoldeled or relocated.
4.42 Pole signs shall consist of distinct base, colurtm and sign panel elements (see
example sketch Fig. 4.4). Design and proportional relationships between sign
elements are important, although variations are possible. Articulation and
detail of the pole is encouraged as suggested by Fig. 4.4.
4.50 MULTI- TENANT' SIGNS
Multi- Tenant Signs shall be mounted on monument signs or flush- mounted on building walls
(see example sketch Fig. 4.5). Pole- mounted multi- tenant signs or `ladder" signs are not permitted.
4.60 SINGLE - TENANT MONUMENT SIGNS
Ground- Mounted Single- Tenant Monument Signs for the purpose of business identification shall be
allowed (see examples Fig. 4.6 and sketch 4.61).
4.70 LEASING AND MARKETING SIGNS
Leasing signs are non - illuminated, ground level signs or wall signs that identify or provide basic
information about for sale /for lease opportunities and construction activities. They may not be used
for any other purpose (see example Fig. 4.7).
10/4/00
Maximum Number: One ( I ) leasing sign is permitted per site.
Maximum Size: Twenty (20) square feet.
Recommended Design: Aground -level sign withthesigncopyonapanelmounted
to a dark- colored. background. as shown in Fig. 4.7.
PACs: 49
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DESIGN FRAMEWORK
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FIG. 4.4 Pole SIGN Di.-SIGN ]PROTOTYPE
PAGE 50
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4,H---- - - - - --
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FIG. 4.5
Muun- TENANT SIGN DESIGN PROTOTYPE
DESIGN FRAMEWORK
1,rejMAIO --r'
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PACE 51
1.15
DESIGN FRAMEWORK
MARINER'S MILE
FIG. 4.6 SINGLE - TENANT MONUMENT SIGN DESIGN PROTOTYPE
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MARINER'S MILE
.A61 MAX
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N= 461CIRT-
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DrsIGN FRAMEWORK
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FIG. 4.61 SINGLE - TENANT MONUMENT SK:N DESIC7N PRoararvrlE
PAGE 53
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DESIGN F R A NI EWORE.
PAGE 54
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Fic. 4.7 LEASING SIGN DESIGN PROTUITPE
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4.80 THEME SIGNS
The following types of thematic signs are permitted on Mariner's Mile:
DESIGN FRAMEWORK
a) Mariner's Mile Entry Monuments (Arches Bridge; Back Bay/Dover Drive)
b) Newport Harbor Visitor's Bureau Sign
C) Directional Signs
Recommended Design: A coordinated systems of nautical- inspired signs as
seen at Marina del Rey and Santa Monica.
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D P S I G N F R A NI E %V O R K.
5.00 ARCHITECTURE
MARINER'S MALE
Buildings are significant functional, visual and symbolic elements ofthe built environment. They serve
to house human activities and present themselves as expressions of the ambitions, aspirations and public
identity of their owners and users.
Mariner's Mile, due in part to its history of uses and generally overriding commercial nature,
encompasses a vast range of building types, whose functional requirements, sizes, scale and symbolic
needs vary greatly. These building types range from large automobile dealerships and marine supply
outlets to high -rise residences, nixed -use and strip retail centers. small shops, restaurants, drive -
throughs and individual offices.
Architecturally, this variety makes for a highly eclectic mix of buildings on Mariner's Mile. In turn, this
variety and mix, overlaid by the predominant auto - reliant bias of the district, favors buildings of
individual expression and strongly resists efforts towards any unified architectural theme.
Thus the imposition of a rigid architectural theme is considered inappropriate for the study area. The
nature and character of Mariner's Mile call rather for establishing key design principles and promoting
thoughtful and tasteful design while allowing creative flexibility.
510 ARCerrECTURF 0I1,1wrIVES
The key objectives of an architectural approach to Mariner's Mile are as follows.
5.11 Responsible and Sensitive Design
a) Design should respect: and "fit in" to its surroundings.
b) Roofs and roof elements should respond to views from above,
C) Design freestanding buildings as "five- sided" (walls+ roof).
5.12 Site Planning Considerations
a) Site planning should accommodate the larger design concepts of the.
Mariner's Mile Design Framework (Urban Design, Landscape).
b) Buildings should orient to the street in the Village areas and when
surrounded by parking.
c) Promote pedestrian connections and pedestrian amenities.
5.13 Landscape Considerations
a) Use landscaping to complement and highlight buildings and site.
b) Develop a landscape concept as a fundamental component of the site
design.
cj Coordinate utility locations to support the landscape framework and to
screen utilities from Pacific Coast Highway or entries.
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5.14 Palette of Colors; Materials and Details
DL•'SICN FRAMEWORK
a) Consider "neutral" building color schemes with nautical [rim.
b) Paint fences, metal bollards, and light poles a dark background color.
C) Use common fence /wall designs developed for Mariner's Mile.
5.15 Purposeful and Respectful Lighting
a) Contain all site lighting on site (zero glare spill -off)
b) Develop lighting plan with photometric study
c) Use dow' nlighting wherever possible
d) Accent lighting at key architCCtUral / landscape. elements
e) Avoid harsh, intense lighting and hard shadows
0 Coordinate colors of light sources
5.16 Organize and Coordinate Signage
a) Develop a comprehensive sign program
b) Design buildings to strategically accommodate signs
C) Coordinate building and signage design (forms, colors, motifs)
5.20 COLOR AND MATERIALS PALETTE
Harmonious building and sign colors can contribute greatly to the overall visual continuity and
coherence of Mariner's Mile.
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5 2 1 Basic Color System
The marine context of Mariner's Mile is one of predominantly white sails and
hulls complemented by striking, deep -hued accent colors. A range of "Neutral"
shades and hues are therefore proposed to predominate the color palette for
Mariner's Mile.
PACE 57
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DESIGN FRAMEWORK
MARINER'S MILE
For multiple -color schemes, a balanced and proportional color system is recommended:
a) Base Building: Predominately Neutral hues and shades (90% of building,
minimum).
b) Contrasting Trim Elements: Dark or Light shades (up to 10% of building,
maximum).
c) Accent Elements: Bright Colors (up to 5% of building).
5.22 Trim Elements
Elements which might receive trim or accent colors include:
a) Doors, window sashes or mullions
b) Awnings or Sunshades
C) Exterior Stairs and Railing Systems
d) Roof Screens
e) Architectural Features
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5.23 Nautical Materials and Elements
DESIGN FRAMEWORK
While avoiding an overt theme, the appropriate use of nautical building materials,
elements and details is consistent with the history and character of Mariner's Mile
could enhance the overall character of Mariner's Mile.
PACE 59
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DESIGN FRAMEWORK
MARINISR'S M ILE
11
a) Nautical Materials
Representative nautical materials to be considered during the architectural design
process include:
i) Shiplap /clapboard /shingled siding for building walls
ii) Varnished teak for balustrades and handrails
iii) Navy blue or other dark canvas for awnings and sunshades
iv) White nylon or Dacron for shade spaces
V) Brass or bronze for hardware and ornament
vi) Stainless steel/polished chronic for rails, cable and fiffings, hardware and
ornament
vii) Wood or aluminum poles w /stays /spreaders (masts /spars) for signage or
theme elements.
b) Other Nautical Elements and Details
Similarly, theappropriate decorative useofothernautical elements, forms,and references
is consistent with its waterfront context and could potentially contribute to the visual
characterand feeling of Mariner's Mile. Decorative elements to be considered during the
design process might include:
i) Windvanes
ii) Ship's flags or international signal flags
iii) Charts, sextant, dividers and other navigational tools
iv) Portholes, ships wheels, compass rose or cards
V) Ships and sailor icons
vi) Cleats, bollards, and other dock motifs
•
PAGE 60 1.0/4/00
14 4
•
•
MARINER'S MILE
5.30 LIGHTUNG
DESIGN FRAMEWORK
As with signs, landscape, and architecture, improving the quality of exterior lighting can contribute
to the perception of quality of Mariner's Mile. All exterior on -site lighting to be shielded and con-
fined within site boundaries. No direct rays or glare should be permitted to shine onto public streets
or adjacent sites. Specific lighting standards and recommendations for Mariner's Mile are outlined
below:
10/4/00
5.31 Parking Light Fixtures.
All parking lot lighting should have zero cut -off fixtures. Light standards shall
not exceed 20 feet high, measured from natural grade.
5.32 Tilted light fixtures.
Tilted fixture heads and lights mounted to the roof parapet are discouraged due
to their negative impact on residents and drivers caused by the glare. Wall -
mounted light fixtures used to illuminate parking lots should not permitted.
5.33 Wall- mounted utility lights.
"Walpak" type fixtures that cause off -site glare should not be permitted. Zero -
cutoff "Shoebox" lights are preferred.
PACE 61
145
DESIGN FRAMI:%%OkK
MARINER'S MILE
11
0
5.40 EQu>Pn1ENT
Exposed mechanical equipment and utilities contribute to the visual clutter of Mariner's Mile and should
be sensitively located and screened from view to promote a high - quality image for the district.
5.41 Exterior equipment.
All exterior equipment including, but not limited to: mechanical equipment,
electrical equipment, communications equipment, storage tanks, risers, electrical
conduit, gas lines, cellular microcell facilities, and satellite dishes -- should be
located in underground vaults or otherwise screened from both on -site and off -
site view.
5.42 Roof- mounted equipment.
All roof - mounted equipment including, but not limited to, skylights, vents, air
handlers, exhaust fans, smoke hatches, and ducts — should be below the top of the
parapet or behind an equipment screen so as to be hidden from off -site view.
Rooftop equipment screens must be fully integrated into the architectural design.
5.43 Ground - mounted equipment
The top of all ground- mounted equipment including, but not limited to, backflow
preventers, vents, air handlers, generators, boilers, trash bins, transformers -- •
should be behind and fully below the top of a screen wall or a solid hedge. Screen
walls of same or similar material as adjacent building walls. Chain link fencing
is not allowed.
PAGE 62 10/4/00
140
r1
U
MARINER'S MILE
5.50 WALLS AND FENCES
DESIGN FRAMEWORK
Upgrading the quality and developing a family of walls and fences is recommended for
Mariner's Mile to provide a consistent and high- quality image.
5.51 Fences
a) Fences Not Permitted:
i) Chain -link fencing is not permitted along the Pacific Coast
Highway frontage of any property on Mariner's Mile.
ii) Razor -Wire fencing.
b) Fences Allowed But Discouraged:
i) Residential -types of wooden fencing.
C) Fences Allowed:
i) Property frontage.
• Wrought iron or PVC fencing.
• Recommended colors: Dark Navy Blue, Black, Dark Green.
® ii) Side and rear yards and lot -line conditions:
• Wrought Iron or PVC (as above)
• Vinyl-coated chain link (with or without attached fabric
screening)
• Recommended colors: Dark Navy Blue, Black, Dark Green.
•
10/4/00
d) Recommended Design:
PAGE 63
-14
DL•'sI(; N FRAMEWORK
5.52 Walls
a) Walls Not Permitted
IYIARINER'S (MILE
i) Solid walls over 36" in height are not permitted along the
Pacific Coast Highway frontage of any property on Mariner's
Mile.
ii) Walls topped with Razor -Wire fencing sheet metal or broken
glass.
'III) Sheet metal enCIOSLIreS (except at. trash areas at rear of properties).
b) Walls Allowed:
i) Pacific Coast Highway frontage: 'Low walls (36" maximum
height). May be topped with wrought iron or PVC fencing to a.
maximum height of 72" (61).
ii) Side and rear yards and lot -line conditions:
• Low walls (36" maximum height). Maybe topped with wrought
iron or PVC fencing. (as above)
• Low walls (36" maximum height) topped with vinyl- coated
chain link (with or without fabric screen)
• Full height walls (maximum height96" (8') may begin 15' back
from front property line at Pacific Coast Highway.
iii) Retaining walls.
• Split -face block.
• Poured -in -place concrete with sandblasted, bush- hammered
or textured form -liner finish.
• Crib -wall systems with integral landscaping.
C) Recommended Wall Designs:
i) fntergral color split -faced concrete block with precast cap or
stucco on block with precast cap.
PACE 64 1.0/4/00
142
C I
\. J
11
MARINER'S MILE
6.00 PARKING PROGRAM
6.10 SHARED VALET PARKING
DESIGN FRAMEWORK
Encourage the creation of a shared valet parking system through all or a combination of the follow-
ing:
a) Utilize "pool" of City parking spaces in Mariner's Village.
b) Drop /pickup points: 2 -3 on water side; 1 -2 on inland side from Riverside to
Tustin.
C) Patrons issued claim check with pager number to "call -in" cars at pickup points.
d) Provide valets on -call to bring cars from parking "pools" to pickup points.
e) Provide safe bus unloading/ loading areas to serve charteryacht uses with parking
service within Mariner's Mile.
f) Utilize City -owned parking lot to more greatly benefit the area: potential site for
postal distribution facility or valet parking lot.
g) Valet Stations with car drop -off and waiting areas to pick up cars with possible
van shuttle stations, similar to the structure in the photograph below, but without
glass.
,G,GE 65
DE'3ICN H RAIN I' WO R K
6.20 PARKING DISrRICI'
MARINER'S MILE
Explore the creation of a Mariner's Mile Parking District to address distribution of parking within
the district. Could be considered as part of the potential Business Lmprovement District for
Mariner's Village.
7.00 APPENDIX
7.10 REa ERIiNuS AND Surt,owri,NC DocuMEN'rs
The formulation of the Mariner's Mile Design Framework was based on a comprehensive analysis of
collected base information and a review of the City's existing program, the site and the Mariner's
Mile Business and Citizer's Advisory Committee Study Recommendations. This effort was con-
ducted in order to uncover the key Design Issues and Opportunities affecting the current conditions
along Mariner's. Mile.
A list of references and supporting documents follows. Copies of these documents are available for
review at Newport Beach City Hall.
7.11 Mariner's Mile Specific Plan (Ord. 20.42, Dist. #5)
7.12 Mariner's Mile Advisory Committee Recommendations (1997)
7.13 T.O.T. Revenue-Enhancement Study (PKF, 1997)
y±:lo
PACE 66 10/4/00
1150
ATTACHMENT CC -13
Parking Management Plan
215 Riverside Avenue
Nesai
May 8, 2014
Nesai Parking Management Plan
UP2013- 021(PA2013 -203)
May 8, 2014
The following Parking Management Plan for the food service, eating and drinking
establishment, located at 215 Riverside Avenue, is provided per Section 20.40.100 (Off -Site
Parking) and Section 20.40.110 (Adjustments to Off- Street Parking Requirements) of the
Zoning Code. The Parking Management Plan will employ the following management
mechanisms to mitigate impacts associated with a modification of the off- street parking
spaces:
Hours of Operation
215 Riverside Avenue
o Nesai
• 5:00 p.m. to 12:00 midnight, Monday through Thursday
■ 5:00 p.m. to 1:00 a.m., Friday
10:00 a.m. to 1:00 a.m., Saturday
• 10:00 a.m. to 12:00 midnight, Sunday
• The outdoor dining patio shall be closed by 10:00p.m., daily.
• Chefs Dining Room and Chefs Dining Patio: Additional Hours Authorized per
UP1677 (Amended), 764 square feet of "Net Public Area" maximum.
11:00 a.m. to 5:00 p.m., Monday through Friday
■ UP1677 (Amended) authorized a portion of the restaurant (764
square feet of "Net Public Area') for a daytime lunch operation and
waived all of the required parking during these hours.
• Under UP1677 (Amended), fifteen on -site parking spaces were waived
during evening operating hours with the understanding that the 10 public
parking spaces in front of the building on Avon Street would undoubtedly be
available for restaurant patrons. As proposed, this 15 space waiver would be
carried over.
Off -Set Hours
Uses that share the same parking areas have off -set hours of operation and different peak
times from the restaurant:
215 Riverside Avenue
o Offices: 9:00 a.m. to 5:00 p.m., Monday through Friday
• 2660 Avon Street
o Moultrup Finish Hardware
■ 8:00 a.m. to 5:00 p.m., daily
153
Nesai Parking Management Plan
UP2013- 021(PA2013 -203)
May 8, 2014
o Cannery Exchange Design Studio (Consignment Store):
• 10:00 a.m. to 5:00 p.m., Monday through Saturday
o Stevens Cross Cosmetic Studio
• By appointment
• closed by 5:00 p.m., daily
• 2630 Avon Street (Surplus Parking Only)
o Mariner's Mile Pet Clinic
7:30 a.m. to 6:00 p.m., Monday through Friday,
• 8:00 a.m. to 1:00 p.m. Saturday and Sunday
On -Site Parking
• A minimum of sixteen (16) parking spaces shall be provided on -site at 215 Riverside
Avenue.
Off -Site Parking
• A minimum of six (6) off -site parking spaces shall be provided at 2660 Avon Street.
An off -site parking agreement, proved as to form by the City Attorney's Office, shall
be recorded prior to the issuance of building permits. The agreement shall
guarantee that a minimum of six (6) parking spaces shall be provided at 2660 Avon
Street (A portion of Lot 42 and all of Lot 43 of Tract 1133) for the duration of the
restaurant use at 215 Riverside Avenue. In the event that the use of the off- street
automobile parking spaces provided for in the agreement are lost, for any reason,
the applicant shall notify the Community Development Director 30 days prior to the
loss of the parking spaces. Upon notification that the agreements for the required
off -site parking has terminated, the Director shall establish a reasonable time in
which one of the following shall occur: (a) Substitute parking is provided that is
acceptable to the Director; (b) The size or capacity of the use is reduced in
proportion to the parking spaces lost; (c) The applicant submits to the Director a
new or amended Off -Site Parking Agreement, giving the applicant the use of at least
the same number of parking spaces.
• The property owner of 2660 Avon Street may terminate this arrangement at any
time. The establishment's use of these spaces shall no longer be valid if the tenant at
2660 Avon Street expands their operation hours later than 5:00 p.m.
• The applicant shall provide signage at 2630 and 2660 Avon Street indicating that
overnight parking is not permitted at the off -site parking lot and vehicles will be
subject to tow if left overnight.
• Fifteen (15) off -site parking spaces are available at 2630 Avon Street. These off -site
spaces will be maintained on an informal basis and also do not officially contribute
to the off -site parking requirement.
154
Nesai Parking Management Plan
UP2013- 021(PA2013 -203)
May 8, 2014
Municipal Parking Spaces
The applicant or operator of the facility shall purchase parking permits for ten
employees on an annual basis for the Mariner's Mile Lot, and shall direct employees to
park in said parking lot. Ten employee parking spaces are waived by Conditional Use
Permit No. UP2013 -021 (PA2013 -203) and provided off -site at the Avon municipal
parking lot at 200 Tustin Avenue.
Valet Service
• Valet service is optional to provide surplus parking at the off -site parking lots
during operating hours, if necessary. Off -site parking for valet service would reduce
congestion created by restaurant patrons looking for overflow parking in Mariner's
Mile and ensure greater usage of the off -site parking spaces available.
• The valet service shall adhere to the valet parking plan approved by the City Traffic
Engineer. The current valet plan provides for 12 vehicles at 2660 Avon Street and
15 vehicles at 2630 Avon Street.
• Valet service shall not impact the public right -of -way. Vehicle staging, drop -off, and
pick -up shall occur on -site only.
• The applicant shall discourage patrons from crossing Riverside Avenue at mid -block
locations and shall direct patrons to utilize nearby crosswalks.
• The applicant shall provide signage on -site indicating the location of additional
parking available at the off -site parking lot.
Street Parking
• Ten metered parking spaces are available in front of the restaurant along Avon
Street. While the metered spaces do not officially contribute to the off - street parking
requirement for the restaurant, their close proximity means they will likely be
utilized for the restaurant although they will not have exclusive access to these
spaces.
Pedestrian and Bicycle Access
• Mariner's Mile is an area where a higher level of pedestrian and bicycle traffic is
promoted and the introduction of a more human -scale streetscape is considered one of
the primary goals for Mariner's Village.
• The location of land uses within walking distance of one another generates the
opportunity for shared trips and there is a component of walk -in patronage from
nearby residential areas.
155
Nesai Parking Management Plan
UP2013- 021(PA2013 -203)
May 8, 2014
Parking Summary
Strategy
Self- Parking
Valet Parking
On -Site Parking
16
16
Off - Site -2660 Avon Street
6
12
Employee Annual Parking Passes
10
10
TOTAL SPACES AVAILABLE
32
38
Waived- UP1677 (Amended 1989)
15
15
Code Required Parking
47
47
Surplus Parking Available
U
6
1150
ATTACHMENT CC -14
MOULTRUP FINISH
H A R D W A R E
2660 Avon Street
Newport Beach, CA 92663
To Whom It May Concern:
This letter will serve as authorization for 217 Riverside Merchants, Inc., the
owners the current Nesai property at 217 Riverside Dr., Newport Beach, CA
92663, to utilize the Moultrup Finish Hardware's parking spaces during the hours
that the office is not open.
The restaurant will be able to utilize this lot as overflow for valet, as well as have
their customers directed to park in our lot as overflow after 5PM Monday through
Friday and all day on Saturday and Sunday. Any cars still parked outside of the
times allotted would be subject to tow.
Please fell free to contact me if you have any questions regarding the parking lot
agreement between Moultrup Finish Hardware and 217 Riverside Merchants,
Inc.
17- It
Tim Moultrup
15J
Mariner's Mile Pet Clinic
2630 Avon Street, Suite A Newport Beach, CA 92663 fax: 949 -515 -0126
Tel. 949 -515 -0991
March 17, 2014
Mariners Mile Pet Clinic
2630 Avon Street
Suite A
Newport Beach, CA 92663
To Whom It May Concern:
This letter will serve as permission for Erik Beneker, owner ofNesai Restaurant, to allow customers to
use my parking spaces at Mariner's Mile Pet Clinic 2630 Avon Street during hours the clinic is not open.
The clinic closes daily at 6 pm and opens at 7 am. There are eight parking spaces and vehicles left
overnight will be subject to towing.
Karla Nichols, DVM
Mariner's Mile Pet Clinic
100
F-1 AarAll:IJtl4►kIKDON M
( \I,' STRE 1ML /NE V "ALET /NC.
Streamline Valet Inc.
16033 Bolsa Chica St. #104-228
Huntington Beach, CA 92649
April 28, 2014
Nesai Restaurant
215 -217 Riverside Street
Newport Beach, CA 92663
RE: Valet parking
To whom it may concern,
This letter is to address parking configurations regarding the Nesai Restaurant located at 215 -217
Riverside Street, Newport Beach, CA 92633. Through the use of onsite parking and additional lots located
at 263o Avon Street, Newport Beach, CA 92663, and 266o Avon Street, Newport Beach, CA 92663, we
anticipate being able to accommodate a minimum of 45 vehicles.
Valet parking is a dynamic process in which the Valet Attendant effectively uses professional parking
techniques in order to minimize wasted space. By minimizing wasted space, the Valet Attendant is able to
accommodate more vehicles then a parking lot was designed for. Valet Attendants accomplish this by
disregarding painted stall lines, parking vehicles extremely close together, and double parking or stacking
vehicles.
Based on our analysis we anticipate the following gains:
Onsite Lot
215 -217 Riverside St
Newport Beach, CA 92633
Designated parking stalls: 18
Number of valet vehicles this lot can accommodate: 24
Offsite Lot A
263o Avon St
Newport Beach, CA 92633
Designated parking stalls: 13
Number of valet vehicles this lot can accommodate: 15
Offshe Lot B
266o Avon St
Newport Beach, CA 92633
Designated parking stalls: 6
Number of valet vehicles this lot can accommodate: 12
Please see the attached figures for parking details.
Enc.
Best Regards,
Andrew Baggett
Director of Operations
Cell: 714.906-9369
163
Figure is Ingress /Egress of onsite lot
104
Figure 2: Ingress /Egress of offsite lot A
105
Figure 3: Ingress /Egress of offsite lot B
100
Figure 5: Offsite valet layout — 263o Avon Street
107
Figure 6: Off site valet layout — 266o Avon St.
102
City of Newport Beach: About Annual Parking Permits
ABOUT ANNUAL PARKING PERMITS
Page 1 of 2
ATTACHMENT CC -16
An Annual Parking Permit entitles a motor vehicle to occupy a SINGLE parking space in designated areas of the City of
Newport Beach, without depositing coins in a BLUE parking meter post.
• Permits are valid at metered spaces with BLUE parking meter posts. The map on the reverse side of this flyer illustrates
the applicable panting area locations.
• Apermit is not valid on a motor vehicle that is 84 inches or more in width and more than 84 inches in height or more
than 20 feet in length or without a windshield.
• Some municipal parking spaces have a maximum length of 18 feet which must be observed.
• Issuance of a permit does not allow violation of parking regulations.
• Permits do not establish any parking priority. Entry is prohibited when "LOT FULL" signs are posted at the Balboa
Municipal Parking Lot and /or the Corona del Mar Beach Parking lot.
• Permits are not valid for overnightparking (defined as Too a.m. to 6:oo a.m.), at the Balboa Municipal Parking Lot.
Permits are valid from January i to December 31.
The Annual Permit fees are as follows. If purchased during:
January 1 through September go: $154.00
October 1 through December 31: $ 38.50
• Persons 65 years of age or older may purchase one permit at half price. The following information must be presented in
order to purchase the half price permit: 1) Valid California Driver's License; 2) Proof of vehicle registration; 3) Vehicle
license plate number.
• Persons who have served or are serving in the United States military maypurchase one permit at a reduced rate which
shall be 25% off the permit fee. The following information must be presented in orderto purchase the reduced price
permit: i) Valid California Driver's License; 2) Proof of vehicle registration; 3) Vehicle license plate number; 4)
Acceptable proof of military service.
• Permits may be purchased online by clicking Online Services Orin person at Newport Beach Civic Centerl between the
hours of 7:3o a.m. and 4:30 p.m., Monday through Friday. Call (949) 644-3141 for additional information.
• Permits must be PERMANENTLY affixed to the lower right (passenger) corner of the inside of the front windshield.
Vehicles may be subject to citation if the permit is not clearly visible or not permanently affixed. In order to affix the
parking permit to the windshield: 1) Fold permit in the middle and peel off the backing; 2) Place the permit in the lower
right (passenger) corner of the inside windshield; and 3) Press firmly to affix the permit to the windshield.
• The City of Newport Beach does not assume responsibility for lost nor stolen parking permits.
• Permits may be re- issued if a vehicle is sold, transferred or if the windshield is replaced. A $lo.00 permit replacement fee
is required along with, proof of purchase of the original permit, proof of sale or transfer of the vehicle, or proof of
windshield replacement. The original permit must also be returned.
http:// www .newportbeachoa.gov /inciex.aspx ?page =499 0442114
City of Newport Beach: About Annual Parking Permits
Page 2 of 2
http:// www. newportboaclica.gov /iiadox.aspx ?page =499 0442l4
ATTACHMENT CC -17
City of Newport Beach
Police Department
Memorandum
November 20, 2013
TO: Makana Nova, Assistant Planner
FROM: Detective John Thulin
SUBJECT: Nesai Restaurant, 215 Riverside Avenue,
Use Permit No. UP2013 -004 (PA2013 -203).
At your request, the Police Department has reviewed the project application for
Nesai Restaurant, located at 215 Riverside Avenue, Newport Beach. Per the
project description, the applicant is requesting an operator license to allow the
renovation of the Nesai Restaurant to operate a food service, eating and drinking
establishment with an outdoor patio, late hours, and a Type 47 (On -Sale
General) Alcoholic Beverage Control (ABC) license. The renovation will include
changes to the existing patio, bar and dining area of the restaurant. These
changes will not increase the current occupancy of the restaurant. The operator
has an existing Type 47 ABC License.
I have included a report by Crime Analyst Caroline Staub that provides detailed
statistical information related to calls for service in and around the applicant's
place of business. This report indicates that this location is within an area where
the number of crimes is at least 69% higher than the average of all reporting
districts in the City. This location is also within an RD that is over the Orange
County per capita of ABC licenses.
Applicant History
Nesai Restaurant has operated in this location since 1992. Prior to Nesai, the
location has served as a restaurant with various names since 1972. The
applicant, Jeff Hall and his business partner Jeffrey Jensen own three other
restaurants in Orange County and are highly experienced and successful in the
creation and operation of restaurants in Orange County. Jeff Hall is currently the
President of the Santa Ana Restaurants Association.
On November 19, 2013, 1 met with Jeff Hall and his designer, Eric Beneker at the
Nesai Restaurant. They showed me the architectural drawings and explained to
me the designs that they had in mind for the renovations. The current patio is
comprised of a wood fence that is approximately four feet high in front of the
restaurant. The proposed patio will include a fence approximately eight to nine
175
Nesai Restaurant
UP2013 -014
feet high that will include a terraced garden. The proposed changes to the patio
are designed for functional and cosmetic changes to the existing patio and to
address and minimize noise from the patio to the neighboring residential areas.
Recommendations
The Police Department is not opposed to the renovation of the outdoor patio;
however, we would recommend that the outdoor patio close at 10:00 p.m,, daily.
We feel that these recommended hours would limit the effects that noise will
have on the neighboring residential areas.
Should this application be approved, the Police department recommends the
following conditions:
Signs and Displays
Any signs or displays would need to conform to City requirements. There shall
be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic beverages or signs, which are
clearly visible to the exterior, shall constitute a violation of this condition.
Hours of Operation
The current hours of operation are 6:00 p.m. to 11:00 p.m. Monday through
Friday, 10:00 a.m. to 12:00 a.m. Saturday, and 10:00 a.m. to 10:00 p.m. on
Sunday.
The proposed hours of operation will be 5:00 p.m. to 01:00 a.m. Monday through
Friday, 10:00 a.m. to 01:00 a.m. Saturday, and 10:00 a.m. to 10:00 p.m. on
Sunday.
Security
A comprehensive security plan for the permitted uses shall be submitted for
review and approval by the Newport Beach Police Department. The procedures
included in the plan and any recommendations made by the Police Department
shall be implemented and adhered to for the life of the use permit.
Employee Training
Require all owners, managers, and employees selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible
methods and skills for serving and selling alcoholic beverages.
Additional Comments
For the purposes of this application, staff may also want to consider establishing
conditions that would require a special event permit. A special event permit may
2 170
Nesai Restaurant
UP2013 -014
be required for any event or promotional activity outside the normal operational
characteristics of the proposed operation.
For example, events likely to attract large crowds, events for which an admission
fee is charged, events that include any form of contract promoters, or any other
activities as specified in the Newport Beach Municipal Code to require such
permits.
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions
would be appropriate for the Conditional Use Permit for the business:
1. Approval does not permit Nesai Restaurant to operate as a bar, tavern,
cocktail lounge or nightclub as defined by the Municipal Code, unless
the Planning Commission first approves a use permit.
2. Food service from the regular menu must be available to patrons up to
thirty (30) minutes before the scheduled closing time.
3. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
4. No "happy hour" type of reduced price alcoholic beverage promotion
shall be allowed except when offered in conjunction with food ordered
from the full service menu. There shall be no reduced price alcoholic
beverage promotions after 9:00 p.m.
5. Petitioner shall not share any profits or pay any percentage or
commission to a promoter or any other person based upon monies
collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders or the sale of
drinks.
6. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period. The licensee shall at all
times maintain records, which reflect separately the gross sales of food
and the gross sales of alcoholic beverages of the licensed business.
These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on
demand.
7. There shall be no on -site radio, television, video, film or other
electronic media broadcasts, including recordings to be broadcasted at
a later time, which include the service of alcoholic beverages, without
first obtaining an approved special event permit issued by the City of
Newport Beach.
3 ���
Nesai Restaurant
UP2013 -014
8. There shall be no live entertainment allowed on the premises.
9. There shall be no dancing allowed on the premises.
10. Strict adherence to maximum occupancy limits is required.
11. No games or contests requiring or involving the consumption of
alcoholic beverages shall be permitted.
If you have any questions, please contact me at (949) 644 -3709.
Xz
hn Thulin, ABC/Vice /Intelligence
Detective Division
Dale Johnson, Captain
Detective Division Commander
4 ��g
ATTACHMENT CC -17
` NEWPORT BEACH POLICE DEPARTMENT h, � " "'
p
Chieflay R. Johnson
870 Santa Barbara Drive - Newport Beach - CA 92660 - 949 644.3791
CRIME AND ALCOHOL - RELATED STATISTICS - 2013 YTD
Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rope, Robbery, Aggrovated Assaulf, Burglci y, Larceny- Theft, Autc Theft and Arson.
This report reflects City of Newport Beach data for calendar year 2013 Yrt), through October 31.
\� California and Notional figures are based on the 2011 Uniform Crime Report, which is the most recent edition.
Crime Rate refers to the number of Part I Crimes per 100,000 people.
Number gfActive ABC Licenses is the total of all types of licenses known to the NBPD as of the dote of this documenC 11/5/2013
. d . d �
�
Subject:
a3i1- 11rvpe,�r,sj��,5d+��e..
Subject RD:'
RD25
3,475 86 130 2,108.36 94 22 10 0 5 23
177
AdJv�cen�i=
7
s `
: t }yr 7,N "t+�wdla r,.' k"'TR"y'�.v -" tt,i:i
- 1 109 <� 153 �, , + 2 317 "4i
`.k`
RD2a. 6ti. ._
`'k.s� •,.; , , .':r,. ..,, '.,.,,..,.u;.•r... ._ '. ;%L.nvv,` t c `,� '
Adjacent RD.
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'not .OitaIb4 1,128,845 notavolloble 2,994.92 1,183,470 104,34S 99,017 15,904 notovoilable' 44,536
836
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Summary for Nesai Restaurant at 215 Riverside Ave (RD25)
YTD 2013, RD25 had a total of 216 reported crimes, compared to a city -wide reporting district average of 128 reported crimes.
This reporting district is 88 crimes, or 69 %, OVER the city -wide average.
The number of active ABC licenses in this RD is 23, which equals a per capita ratio of one license for every 177 residents.
Orange County averages one license for every 504 residents and California averages one license for every 836 residents.
This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses.
nr.,ro�
Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rope, Robbery, Aggrovated Assaulf, Burglci y, Larceny- Theft, Autc Theft and Arson.
This report reflects City of Newport Beach data for calendar year 2013 Yrt), through October 31.
\� California and Notional figures are based on the 2011 Uniform Crime Report, which is the most recent edition.
Crime Rate refers to the number of Part I Crimes per 100,000 people.
Number gfActive ABC Licenses is the total of all types of licenses known to the NBPD as of the dote of this documenC 11/5/2013
Correspondence
ATTACHMENT CC -18 item No. 2a
BURNS,MARLEN6 Nesai Restaurant
From: Nova, Makana PA2013 -203
Sent'. Monday, May 05, 2014 4:30 PM
To: Burns, Marlene
Subject FW: NESAI PROPOSES TO CHANGE 11'S OPERATING HOURS;
Follow up Flag: Follow up
Flag Status: Flagged
Marlene,
I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting.
MsAot#%^ NovR I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
www. new oortbeachca.aov
Important Announcement - We've Moved! -100 Civic Center Drive. Newport Beach, CA 92660.
From: Joanne & Howard Martin [mailto:joannhc(cbearthlink.net1
Sent: Monday, May 05, 2014 4:17 PM
To: Nova, Makana
Subject: NESAI PROPOSES TO CHANGE ITS OPERATING HOURS;
Howare & Joanne Martin,215 Ocean View Ave.,Newport Beach,Ca.92663
ATTN; Makana Nova,Assistant Planner: Project File No.PA2013 -203, NASA] RESTURANT, 217 RIVERSIDE AVE.
We feel that business hours should stay at 5:30 PM to 10:0013M, Not 5:OOPM to 1:OOPM
Thank you, Howard & Joanne Martin
Correspondence
Item No. 2b
SURNS,MARLENE Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent. Tuesday, May 06, 2014 7:43 AM
To: Burns, Marlene
Subject: FW: Nesai Restaurant new operating hours request
Marlene,
I received the following correspondence relative to Item No. 2 for the May 8`h Planning Commission Meeting. There are
several more emails I will be passing along as well.
MokoL+.A Nov^ I ASSISTANT PLANNER, AICP
Planning Division I City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Cal new oortbeachca. a ov
www. new oortbeach ca. oov
From: gale demmer rmailto:oaledemmerCagmail.coml
Sent: Monday, May 05, 2014 5:51 PM
To: Nova, Makana
Subject: Nesai Restaurant new operating hours request
Ms. Nova,
I am a resident of Newport Heights living on Cliff Drive above the Nasai Restaurant and ask that the use permit
to extend the operating hours beyond what is already granted be denied..
The purpose of my request is the concern I have of the late hour traffic this may cause in our residential
neighborhood. There is no doubt that employees of the restaurants on PCH and businesses on Riverside
Avenue frequently use our street, as well as Riverside Avenue north into our neighborhood, for their parking
needs. Late night guests, especially on the weekends may be doing so too. This would be a traffic
inconvenience as well as the fact the restaurant allows for outside dinning and this would increase the late night
noise in the neighborhood.
Thank you for representing these concerns.
Gale Demmer
2812 Cliff Drive
Newport Beach, CA. 92663
Correspondence
Item No. 2'c
aURNS,MARLENE Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent, Tuesday, May 06, 2014 7:44 AM
To: Burns, Marlene
Subject: FW: Nesai Permit hearing
Marlene,
I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting.
Makana Nova I ASSISTANT PLANNER, AICP
Planning Division I City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova()newportbeachca.gov
www.newportbeachca.gov
- - - -- Original Message---- -
From: SANDRA L AYRES fmailto:ssayres(a ) mac.coml
Sent: Monday, May 05, 2014 7:55 PM
To: Nova, Makana
Subject: Nasal Permit hearing
Dear Planning Commissioners,
Since the Stuft Noodle years, this corner restaurant has been a gathering place for the neighborhood. I for one, and 1
know along with many, are appreciative that a new owner wants to improve the corner and be part of our neighborhood. I
support the needed conditional use permit for outdoor dining and adjustments for parking, although these exceptions will
definitely affect our home. We live directly above the park. I appreciate all the provisions mentioned in the application
and Staff report, but realistically, these will give way over time. I already watch so many employees of businesses from
down the hill and even from across Coast Hwy, park on our street. I do not complain. It is part of the fabric of the
neighborhood. But it would be wrong to allow untampered increases. And it would be wrong to deny the fact that traffic
and noise at the closing hour will not affect our neighborhood.
For the above reasons, I request a denial for the extended hours request. The new owner bought the business knowing
the conditions. With a revitalization of the corner, we are happy to make some adjustments. But the quality of life in our
neighborhood should not be compromised. There are many developments in the works. A standard has been set and we
ask that it is adhered to in the future.
Thank you very much for your consideration of the concerns of the citizens and residents.
Sandra Ayres
2800 Cliff Drive
Correspondence
Item No. 2d
SURNS,MARLENE Nesai Restaurant
From: Nova; Makana PA2 013 -2 0 3
Sent, Tuesday, May 06, 2014 7:45 AM
To: Burns, Marlene
Subject: FW: Nesai Restaurant
Marlene,
I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting.
Makana Nova I ASSISTANT PLANNER, AICP
Planning Division I City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 I F. 949.644.3203 mnova(a)newportbeachca.gov
www.newportbeachca.gov
- - - -- Original Message---- -
From: Dru Vanderburg f mailto:druvan(a)road run ner.coml
Sent: Monday, May 05, 2014 8:42 PM
To: Nova, Makana
Subject: Nesai Restaurant
Makena Nova
Assistant Planner
Hello, my name is Dru Vanderburg and I live at 2816 Cliff Dr. It is my understanding that Nesai Restaurant is under new
ownership and is asking the city for a special exception to stay open past standard City operating hours and continue
serving alcohol until 1:00 a.m. While I support this business, I am asking that late hours be denied. Unlike the
restaurants on the other side of PCH, Nesai has homes directly above the restaurant that will be much impacted by the
extended noise coming directly from the restaurant. In addition, the rest of us homeowners will be impacted by an
increase in traffic on foot coming up through the park, as well as automobile noise of slamming doors and starting
engines, during the late night and early morning hours.
Thank you for your consideration,
Dru Vanderburg
Correspondence
Item No. 2e
SURNS,MARLENG Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent, Tuesday, May 06, 2014 7:46 AM
To: Burns, Marlene
Subject: FW: Nesai Besaurant
Marlene,
I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting.
Makana Nova I ASSISTANT PLANNER, AICP
Planning Division I City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 I F. 949.644.3203 mnova(a)newportbeachca.gov
www.newportbeachca.gov
- - - -- Original Message---- -
From: Richard Taylor fmailto:rtaincl(aDyahoo.coml
Sent: Monday, May 05, 2014 8:52 PM
To: Nova, Makana
Subject: Nesai Resaurant
Hi Makana,
I am currently a resident here in Newport Heights and have been for the last 28 years. Our home is located in the 400
block of Riverside Ave and Cliff Drive. It has been brought to my attention that the Nesai Restaurant will be closing down
and renovations are in the works for a new restaurant.
I understand that the new restaurant owners are asking for special conditions for staying open late into the morning hours
serving alcohol until lam. This unfortunately always leads to disturbances among the community within a residential
neighborhood. I strongly appose this and urge you not
to be persuaded to give into such a special condition for this restaurant .
As a owner on Riverside Ave., we have had to deal with the massive parking issues with Sterling BMW employees, Postal
employees, Enterprise Rental Cars and other restaurant employees throughout the years. It has been a continual problem
with the everyones cars littered throughout the neighborhood, some leaving their cars for days.
I can only imagine if a special condition would be granted like the new restaurant is asking for, this would become a
continual nuisance for our neighborhood. Please do not let this happen.
Thank you for your consideration.
Sincerely,
Richard Taylor
Correspondence
Item No. 2f
aIJRNS,MARLEtJG Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent, Tuesday, May 06, 2014 7:47 AM
To: Burns, Marlene
Subject: FW: Nesai Restaurant conditional use permit
Marlene,
I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. This is the
last correspondence for the moment.
Makana Nova I ASSISTANT PLANNER, AICP
Planning Division I City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(a)newportbeachca.gov
www.newportbeachca.gov
- - - -- Original Message---- -
From: Portia Weiss fmailto:oortiaweissCa g mail. coml
Sent: Monday, May 05, 2014 11:04 PM
To: Nova, Makana
Subject: Nesai Restaurant conditional use permit
May 5, 2014
Dear Ms. Nova,
We are extremely concerned about the conditional use permit under consideration by the City of Newport Beach for the
current Nesai Restaurant location. Our concerns are primarily regarding the extension of service hours past 11:00 p.m.,
as well as waiving a portion of required parking.
There is no question that the extension of the service hours of this restaurant/bar will increase the traffic volume of drunk
patrons through our residential neighborhood, There are a number of establishments already providing these services
within a few hundred yards of this establishment (Billy's At The Beach, The Rusty Pelican, The Winery Restaurant and
Bar, Joe's Crab Shack, The Dive Bar, The Arches... not to mention the great number of bars on the peninsula.) Another
bar serving late within immediate proximity our homes would undoubtedly be detrimental to the safety of our residents and
is in no way supportive of the best interests of our neighborhood. It is not difficult to identify the drunk drivers who cut
through our neighborhood already in efforts to avoid being cited by law enforcement on both PCH and Newport Avenue.
There are understandably very limited police patrols in Newport Heights —especially during the late evening and early
morning when the other bars in Newport send their patrons onto our streets. Newport Beach has a limited law
enforcement staff and they understandably must be appropriated to higher volume traffic routes leading out of Newport's
higher density restaurant /bar areas.
There have been Cliff Drive /Riverside Avenue parking issues over the years of businesses and patrons of these
establishments located in the Avon /Riiverside Avenue area. These problems appear to have finally been resolved. This
immediate area of Nesai Restaurant simply does not accommodate a large number of cars. This establishment may,
however, in working with the surrounding residents, cultivate a tremendous clientele of residents who would walk to dine
in a quality neighborhood restaurant. The upgrade of the food quality, service and outside premises of this property are a
welcome and overdue change.
Thank you for your consideration of our concerns. We hope that the conditional use permit to remodel the Nesai property
will not include the extension of late hours of operation (after 11:00 p.m.) and will disallow the parking of this
establishment's employees and patrons on our residential streets.
Sincerely,
Portia Weiss
421 San Bernardino Avenue
Newport Beach, CA 92663
Correspondence
Item No. 2g
SURNS,MARLENE Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent. Tuesday, May 06, 2014 9:25 AM
To: Burns, Marlene
Subject: FW: Nesai Restaurant - (PA2013 -203)
Marlene,
I received the following correspondence relative to Item No. 2 for the May 8th Planning
Commission Meeting. This is the last correspondence for the moment. I received one other
email as well that I will send shortly.
Msksa•.c Naas I ASSISTANT PLANNER, AICP
Planning Division I City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Col new oortbea ch ca. a ov
www new portbeach ca gov
From: Earl Votolato [mailto:earljv@)sbcg1obal.net1
Sent: Tuesday, May 06, 2014 8:47 AM
To: Nova, Makana
Subject: Nesai Restaurant - (PA2013 -203)
Good morning Makana,
We received a notice regarding the new ownership of Nesai and the planned use of the
restaurant.. Comments were asked for and we are sending them to you since your name is on
the City Agenda for this matter.
To this end, please find my wife Kimberly and my comments below.
We live at 2908 Cliff Drive and our home is above the park with the cross street Beacon
and Cliff.
We will not support the use as a bar and certainly not the extension of the hours of
operation for the following reasons:
1. Noise - with the location being directly below our neighborhood the noise will be a
nuisance
2. Parking - limited parking will force many potential patrons to park up and around our
neighborhood. Experience has shown our neighborhood during the summer and July
4th holiday is a dumping ground for cars, bikes, beer bottles and cans and a lot of noise
late at night when people are picking up their cars.
3. Trash - who picks up the trash left over by the patrons of the new restaurant and
bar? We will have to in our neighborhood after their Thursday, Friday and Saturday night
crowds leave.
4. Safety - Drivers parking and passing through our neighborhood increase the risk to the
local residents and their children. Late night we can only imagine patrons leaving the
planned bar to make our neighborhood very unsafe to walk their dogs or take a late night
walk around the park.
For the above reasons, we will not be supporting the new owners plans in any manner.
1
Should you have any questions, please let us know.
Regards,
Earl and Kimberly Votolato
Correspondence
Item No. 2h
SURNIS,MARLENE Nesai Restaurant
From: Nova; Makana PA2 013 — 2 0 3
Sent, Tuesday, May 06, 2014 9:26 AM
To: Burns, Marlene
Subject: FW: Nesai Restaurant Special Exemption Petition
Marlene,
I received the following correspondence relative to Item No. 2 for the May 8th Planning
Commission Meeting. This is the last correspondence for the moment.
4^44#%x. Nevs I ASSISTANT PLANNER, AICP
Planning Division I City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova( -) new portbea chca. u ov
www new port be a ch ca gav
From: Val Lyon [mailto:Val.Lyonftrrpllc.comj
Sent: Tuesday, May 06, 2014 9:14 AM
To: Nova, Makana
Subject: Nesai Restaurant Special Exemption Petition
Good morning,
I am a 50 year resident of Newport Beach, 30 of them in my present home at 427 San Bernardino Avenue in Newport
Heights.
I have been made aware of the above referenced petition and the request of the new owners to improve the premises,
including the outdoor dining experience. I am 100% in support of this. My family has dined at the Nesai restaurant
many times over the years and found it very accommodating.
There is one request of the petition that I am 100% against. In no way should the restaurant be allowed to stay open
to 1 AM. There is limited public parking that supports the area and without a concession from the adjacent shopping
center to allow patron parking, this means more cars in our neighborhood at later hours into the night and early
morning. We already have workers from many of the shops and restaurants parking on our streets and if you allow this
restaurant (closest to residential neighborhood) to expand and draw greater numbers of patrons later into the night, it
will logically push traffic, parking, and noise into our residential neighborhood.
Please do not grant the petition to remain open until 1 AM.
Respectfully,
Edward V. Lyon
427 San Bernardino Avenue
Newport Beach, CA 92663
949 - 631 -3907
Correspondence
Item No. 2i
SURNIS,MARLENG Nesai Restaurant
From: Nova; Makana PA2 013 - 2 0 3
Sent. Tuesday, May 06, 2014 12:48 PM
To: Burns, Marlene
Subject: FW: Nesai Restaurant
More correspondence for Item 2 on the May 8`h Planning Commission agenda
Fi41444%,c AavA I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Cal new port hea chca a ov
www. new Dort be a ch ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660.
From: Judy Elmore rmai to: elmoreiCcbelmoretovota.coml
Sent: Tuesday, May 06, 2014 10:12 AM
To: Nova, Makana
Subject: Nesai Restaurant
Makena Nova,
As a home owner and resident of Newport Heights I would like to share my opposition to the extended hours application
for Nesai Restaurant. Since we are so closely conncected to that area it would be a bad idea to open our residential
streets to late night drinkers. I wish them success and am looking forward to patronizing their "new" establishment but
any mixing of quiet residential streets and late nighters is not a good idea.
Judy Elmore
2914 Cliff Drive
Newport Beach, Ca. 92663
Correspondence
Item No. 2j
SURNS,MARLENE Nesai Restaurant
From:
Nova; Makana
Sent,
Tuesday, May 06, 2014 12:48 PM
To:
Burns, Marlene
Subject:
FW: NESAI RESTAURANT (PA2013 -203)
More correspondence for Item 2 on the May 8" Planning Commission agenda.
Fi41444%,c AavA I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Cal new port hea chca a ov
www. new port be a ch ca. a ov
PA2013 -203
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660.
From: Scott Pollard rmai Ito: ssolaw(aboacbel1.netl
Sent: Tuesday, May 06, 2014 12:46 PM
To: Nova, Makana
Subject: NESAI RESTAURANT (PA2013 -203)
Ms. Nova:
While I am looking forward to enjoying the new ownership's concept for Nesai Restaurant and am in
favor of the proposed renovations, I am concerned about the proposed extended hours of operation
after 11 pm. There are quite a number of homes nearby with elevations above Nesai. The "rising"
sound of patrons conversing outside, entering vehicles (which more than likely would be parked on
the residential streets being more proximate to Nesai), and driving their cars away will disturb the
residents nearby.
I am in support of the plans for Nesai, but believe that the late hours request should be denied.
Scott S. Pollard
2804 Cliff Drive
Newport Beach,
California 92663
Correspondence
Item No. 2k
BURNS,MARLENE Nesai Restaurant
From: Brown, Leilani PA2013 -203
Sent, Tuesday, May 06, 2014 3:11 PM
To: Burns, Marlene
Subject: FW: Chairman Hillgren and Members of the Planning Commission
Attachments: D00050614.pdf
Hi Marlene.
This is for the Planning Commission.
Thank you.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach
100 Civic Center Drive I Newport Beach I CA 192660
T (949) 644 -3005 1 F (949) 644 -3039 1 (brown @newportbeachca.gov
Regular Business Hours, Excluding Holidays:
Monday to Thursday: 7:30 a.m. to 5:30 p.m.
Friday: 7:30 a.m. to 4:30 p.m.
VOTE June Primary Election - Tuesday, June 3, 2014
qWNewport Beach's General Municipal Election - Tuesday, November 4, 2014
Register to Vote Today
From: Melissa Pires fmailto :moiresCcbcenterstone.coml
Sent: Tuesday, May 06, 2014 3:02 PM
To: Brown, Leilani
Cc: 'Ernest Castro'
Subject: Chairman Hillgren and Members of the Planning Commission
Hi Leilani,
I am emailing you the attached letter, per my supervisor who resides in Newport Beach. The original to follow in today's
mail.
Thank you,
Melissa
Melissa Pires - Accounting Manager
CenterStone Communities, inc.
35008 West Lake Center Drive
Santa Ana, CA 92704
Tel. 714.437.0815
Fax. 714.437.0830
The information contained in this e -mail message is confidential and protected by certain privileges, including the Electronic Communications
Privacy Act, 18 U.S.C. 2510 -2521. It is intended solely for viewing by the addressee only. The privileges are not waived by virtue of this
communication being sent by e -mail. If the person actually receiving this e -mail or any other reader is not the named recipient or the employee or
agent responsible to deliver this communication to the named recipient, any use, dissemination, distribution, reading or copying of this
communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and
permanently delete this e -mail and any attachment from your system. Thank you.
May 6, 2014
Mr. Bradley Hillgren, Chairman of the Planning Commission
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
RE: C.U.P. for Nesai Restaurant (PA 2013 -203)
Chairman Hillgren and Members of the Planning Commission,
My name is Ernest Castro and my residence is located at 2915 Cliff Drive; directly above
the restaurant and its parking lot. I am extremely opposed to allowing the continued
operation of the Nesai Restaurant and especially its outside dining and drinking past the
hours of l Ipm.
Unlike most other restaurants here in Newport Beach; this facility is extremely close to
residences on almost three sides.
Nesai and the previous restaurant, The Stuff Noodle have always been good neighbors
and served the community well as fine dining establishments.
It appears the new owners want to establish more of a night club atmosphere.
Hours after 11 pm would be an extreme hardship on the surrounding Newport Heights
Community.
Please set strict standards for this use permit and its related noise and alcohol use
Sincerely,
Ernest Castro
Resident
Correspondence
Item No. 21
SURNS,MARLENG Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent. Wednesday, May 07, 2014 5:15 PM
To: Burns, Marlene
Subject: FW: Nesai Restaurant
Please refer to the following comment received for item 2 on tomorrow's Planning Commission agenda
HoL4lv4.l. Navoc I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Col new oortbea chca. a ov
www. new no rtbeach ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660.
From: Ned McCune fmailto:ned2455C)hotmail.coml
Sent: Wednesday, May 07, 2014 3:38 PM
To: Nova, Makana
Cc: Jeff Hall
Subject: Nesai Restaurant
Dear Ms. Nova,
Please bring this to the attention of the planning commissioners prior to tomorrow's meeting.
I support the application, with the reservations listed below, because a livelier Nesai
Restaurant is in the best interest of Mariner's Village, of which I am a part.
1) Provisions of UP 1677 are carried over into this application. This is at the discretion
of the staff and the commission, and must not set a precedent for future applications, in
particular, one for the Post Office /C'est Si Bon complex, which has already been before this
body asking for a zoning change, and will surely be back for other approvals. This property has
notoriously pushed all tenant parking on to the street for decades. I know because I have had to
tow its cars out of my lot for decades to secure parking for my tenants.
2) The commission has allowed other permittees to operate outside the parking provision
of their use permits for decades. Joe's Crab Shack is one example.
3) Mariners Mile parking studies gather dust somewhere in city hall. There should be no
more permits of this kind, in this neighborhood, until we have a definitive study of available
spaces, how and how many times over they have been pledged, and their occupancy levels.
4) The city sells parking permits for its municipal lots without regard for capacity. I
know that there is still — usually - -spare capacity in the 200 Tustin Ave. lot, but with this
applicant buying another chunk of permits, it's time to compare what's been sold with the
resulting demand.
5) Staff report is misleading on Page 9. The distance from 215 Riverside Ave. to the first
of the sixteen blue poles on the right (west) side of the entrance is 750 feet, and those are the
first occupied. To reach the other 72, one must go another 200 -300 feet. That's a five- minute
walk each way over sidewalks that are dark and deserted when the sun goes down.
6) Again on Page 9, "all ten employees." Applicant will have a staff, counting those on
and off duty, probably twice that. Unless all have permits, those without them will park on the
street when on duty. Then there is the "frictional" loss of permits due to staff turnover, staffer's
car in for repairs, etc. Riverside Ave., Tustin Ave., Ocean View Ave. and Avon Street cannot
absorb more employee parking demand. Businesses along Avon Street in particular depend on
it for their customer parking. To the extent that newcomers find it somewhere, they push the
line of cars deeper into Newport Heights and /or put more pressure on me to secure my lot by
towing more cars.
7) Staff report is ambiguous as to daytime operations. On Page 10 it recommends giving
applicant the "flexibility" to open the Chef s Dining Room then. Can applicant use these 16
seats in addition to the 34 in Table 2, or can he choose between the venues when the smaller
would be more economical to operate? Bear in mind that UP 1677 allowed for only 15 seats
11A to 5P. Applicant wants grandfathering as to parking, while asking for more than twice the
seating. The ambiguity would allow for more than three times the original 15 seats.
8) Staff's assumption that the metered spaces on Avon Street adjacent to Nesai will be
used only by Nesai patrons depends an unchanging post office complex, but its new owner
surely
has other plans.
Ned McCune, owner, 2700 West Coast Highway. 949 646 2076
Correspondence
Item No. 2m
SURNS,MARLENr- Nesai Restaurant
From: Nova; Makana
Sent. Thursday, May 08, 2014 7:45 AM
To: Burns, Marlene
Subject: FW: Extended hours requested by Nesai
Correspondence for Item 2 on tonight's Planning Commission agenda.
Fi41444%,c AavA I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive i Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Cal new port hea chca a ov
www. new port be a ch ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660.
From: wyatt mitcham Finailto :wvattmitchamCalvahoo.coml
Sent: Wednesday, May 07, 2014 7:24 PM
To: Nova, Makana
Subject: Extended hours requested by Nesai
Now that the park is in the process of being renovated, the sound from cars being parked and
the going and coming of cars, echo up to the residential neighborhood of Newport Heights.
The sound from Nesai is now limit to 11:00 PM, after 11:00 PM one could say NESAI would become
a Bar and not an eatery. We the people have a number of BARS in Newport Beach. Nesai
is too close to our neighborhood as it is, to extended hours would constitute a safety hazard. DO WE
the people want to increase drunk drivers on the roads and then have them driving through Newport
Heights. If this is a way of attracting more clientele it won't be from our neighborhood. The City
of Newport Beach is trying to accommodate all party's. Is there a way to generate more
money,other then extension of hours, better marketing perhaps? Newport Beach has many
fine magazines to advertise their eatery in, in order to draw in new business during their normal
operating hours.
Wyatt Mitcham
1
Correspondence
Item No. 2n
SURNS,MARLENG Nesai Restaurant
From: Nova; Makana PA2 013 - 2 0 3
Sent Thursday, May 08, 2014 7:48 AM
To: Burns, Marlene
Subject: FW: Nesai
One more comment letter for Item 2 on tonight's Planning Commission agenda
I' oL4oL" .a Nava. I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Col new oortbea chca. a ov
www. new no rtbeach ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660.
From: Tom LoScalzo 1mai Ito: nbt1949(ahotrnail.coml
Sent: Thursday, May 08, 2014 7:22 AM
To: Nova, Makana
Subject: Nesai
Hello Makana,
My name is Tom Loscalzo and my family resides on Westminster Ave in the Newport Heights area of Newport
Beach. My wife Yesenia and I have been frequenting the Nesai restaurant periodically over the years mainly
due to its close proximity and walking distance from our residence.
During more recent visits we have become aware of a new owner group taking over and plans to conduct
significant remodeling and an overall change to the operating concept. At first we were very apprehensive about
this and what the restaurant might turn into. However, having had the chance to visit with a couple of the ne
owners and become more familiar with the proposed enhancements and the group behind it we are now in full
favor and support of the planned transformation. We are beyond excited to see a local establishment get a fresh
makeover and renewed energy to become a much more visually appealing and high quality dining destination.
We have even taken it upon ourselves to the visit the new owner group's other two restaurant locations in
Downtown Santa Ana and we have been thoroughly impressed by the food, service, and atmosphere. We expect
that if they can turn Nesai into something of comparable quality then we will have a vital new asset attached to
our neighborhood.
My wife and I often dine late and when speaking with one of the owners, he said they intended to stay open
later than now. I was, of course, concerned that it was going to be a late night hang out. He assured me that was
not the case and that his group has no interest in that. So, we are very much looking forward to a nice late night
place to dine that is so close.
We are in full favor and support for the proposed improvements and operating conditions being sought after by
the new owner group. In fact, we cannot wait for the new restaurant to be open and ready for our loyal
patronage. Thank you so much for helping to improve our neighborhood.
Sincerely,
Tom & Yesenia LoScalzo
Tom LoScalzo
949 -500 -2314
Correspondence
Item No. 20
SURNS,MARLENE Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent, Thursday, May 08, 2014 7:55 AM
To: Burns, Marlene
Subject: FW: Nesai Restaurant /General Plan Update
One more comment letter for Item 2 on tonight's Planning Commission agenda
I' oL4oL" .a Nava. ) ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Col new oortbea chca. a ov
www. new no rtbeach ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660.
From: TOMLU BAKER [mailto:tomlubaker @hotmail.com]
Sent: Thursday, May 08, 2014 12:09 AM
To: Nova, Makana; Ramirez, Gregg
Cc: Tom & Lu Anne Baker
Subject: FW: Nesai Restaurant /General Plan Update
Dear MNOVA and Greg Ramirez,
I believe you should have been on the distribution list for the following email. My mistake.
Tom Baker
From: tomlubakerCilhotmail.com
To: bhillgren @highrhodes.com; tucker @gtpcenters.com; korvkramer @gmail.com; fredameri40 @gmail.com,-
tim- brown @sbcglobal.net; ray.lawler @hines.com; iavmvers5 @cox.net
CC: tomlubaker(a?hotmail.com
Subject: Nesai Restaurant /General Plan Update
Date: Wed, 7 May 2014 23:58:39 -0700
I wish to thank you and the city organization of Newport Beach for accepting input on matters related to
citizen concerns about NESAI RESTAURANT (PA2013 -203) and New Commercial Developments.
New Commercial Developments { defined as new initial development of a previously undeveloped sites or
redevelopment of a previously developed site } (NCD) requires the new commercial development abutting
residential designated properties be designed to minimize street parking by NSD, noise impact generated by
loading areas, parking lots, trash enclosures, mechanical equipment, and any other noise generating features
specific to the development to the extent feasible.
SUBJECT # 1 : NESAI RESTAURANT (PA2013 -203)
Neighborhood concerns with NESAI RESTAURANT (PA2013 -203) include :
A) The request by NESAI RESTAURANT of an extension of service hours past 11:00 pm.
There should be no extension of service hours granted to NESAI RESTAURANT.
Development /redevelopment for these NCD sites shall be limited to the historical usage. Example : If the
type of business conducted at the sites has been from 8:00 AM to 5:00 PM with minimal or no business on
weekends (and no Sunday business), then these sites shall be limited to the historical usage.
There is no question that the extension of the service hours of this restaurant /bar will increase the traffic
volume of drinking patrons through our residential neighborhood. This is not only a traffic issue but also a
safety issue. There are a number of establishments already providing these services within a few hundred
yards of this establishment.
B) The request by NESAI RESTAURANT to waive a portion of the required parking
The request to waive a portion of the required parking should not be granted to NESAI RESTAURANT.
No on- street parking credit shall be granted for NCD's abutting residences.
Parking on residential streets instead of utilization of assigned commercial parking has always been a
problem. There have been Cliff Drive /Riverside Avenue parking issues over the years of businesses and
patrons of those establishments located in the Avon /Riverside Avenue area. (Similarly there have been and
are parking issues in other areas such as Beacon Avenue /Holmwood Drive /Westminster Avenue /Broad
Street /Clay Street /Bolsa Avenue /Catalina Drive over the years.
All efforts should be made to ensure that all such commercial enterprises abutting residential designated
properties are barred from allowing, encouraging or planning for the use of residential parking areas as
overflow parking for their employees or customers.
C) The request by NESAI RESTAURANT for Approval of a parking management program that includes off -site
parking at 2660 Avon Street, annual employee parking passes for use in the City municipal parking lot
(Mariners Mile Lot), and valet parking.
The request by NESAI RESTAURANT for Approval should be granted IF AND ONLY IF there is a legally recorded
Agreement with the City (and other parties if appropriate) specifying the number of required parking spaces
by PA2013 -203, accessibility by the public of the legally recorded Agreement, individual parking spaces
signage specifications to assure the markings are clear and specific in the intended usage and that the
conditional use permit PA2013 -203 is null and void if the terms of the original agreement are not met by the
City and /or the NESAI RESTAURANT
D) Reference ennails to mnova(cilnewportbeachca.gov for additional Neighborhood
concerns with NESAI RESTAURANT (PA2013 -203)
SUBJECT #2: General Plan Update
An email addressing residential concerns associated with commercial development abutting residential
designated properties and proposes changes to the General Plan Amendment (November -2014 Public Vote) to
minimize the residential concerns was sent to Mr. Greg Ramirez on 4/30/2014 with a request to provide
copies to the Members of the City Council and the Planning Commission. Said email contains additional
residential concerns and is not limited to those concerns expressed about NESAI RESTAURANT (PA2013 -203).
Reference emails to gram irez(a)newportbeachca.00v for additional Neighborhood
concerns commercial development abutting residential designated properties
Once again thank you for the opportunity to provide comments.
Tom Baker
413 Holmwood Drive
Correspondence
Item No. 2p
BURNS,MARLENE Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent, Thursday, May 08, 2014 10:21 AM
To: Burns, Marlene
Subject: Nesai Acoustical Analysis Report
Attachments: Nesai Report.pdf
Marlene,
Please refer to the attached acoustical analysis report provided by the project applicant for Item 2 on tonight's Planning
Commission agenda.
KLA^4•4 Naas I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova C@ new p o rtbea ch ca gov
www. new oortbe a ch ca. go
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660.
From: Eric Beneker rmailto :ericbeneker(cpebdesign.ccl
Sent: Thursday, May 08, 2014 8:14 AM
To: Nova, Makana
Cc: Jeffrey D Hall
Subject: Re: Nesai Materials boards
Good morning Makana, I plan on stopping by a little before 9am with the boards. Also we just got our Acoustical report late last night
and would like to include it for review by the planners. I will also print out hard copies for distribution tonight.
thank you!
Eric
On May 7, 2014, at 5:17 PM, "Nova, Makana" <MNova&newportbeachca.gov> wrote:
> Hi Eric,
> You can drop the boards and easels by sometime tomorrow if you'd like. That way our staff can set them up prior to the meeting
tomorrow evening. Let me know what time you plan to come in. I should be in the office for most of the morning.
• Makana Nova I ASSISTANT PLANNER, AICP
• Planning Division I Community Development Department
• City of Newport Beach
• 100 Civic Center Drive I Newport Beach, CA 92660
• P. 949.644.32491 F. 949.644.3203
• mnova(anewportbeachca.gov
• www.newoortbeachca.gov
> Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660.
> - - - -- Original Message - - - --
* From: Eric Beneker [ mailto:ericbenekergebdesign.cc]
> Sent: Wednesday, May 07, 2014 4:11 PM
> To: Nova, Makana; Jeffrey D Hall
> Subject: Nesai Materials boards
> Hi Makana,
> I have 3 large Materials /inspiration boards for the presentation and 3 easel to display them on. I think it may be best if 1 were to
set them up someplace where the planners maybe could see them before the hearing? I would also like to use them in the council
chambers for our presentation. How do you usually handle that?
> I will also have smaller story boards with our floor plan and the concept renderings but those are easy to handle.
> thank you!
> Eric
RS ACOUSTICS INC
15751 Beaver Run Road
Canyon Country, CA 91387
P:(661)251 -3965
F:(661)310 -3783
NESAI RESTAURANT
215 -217 RIVERSIDE STREET
NEWPORT BEACH, CALIFORNIA
ACOUSTICAL ANALYSIS REPORT
Prepared for: Victor Corona
VMC Architecture Planning & Design
25725 Wallace Place
Stevenson Ranch, CA 91381
Prepared by: RS Acoustics Inc.
15751 Beaver Run Rd.
Canyon Country, CA 91387
Phone: (661) 251 -3965
Fax: (661) 310 -3783
Date: 8 May 2014
Report No. 140508
Consultants in Architectural Acoustics & Noise Control
Nesai Restaurant — Newport Beach
Annual Analysis Report
Page 2
SECTION 1 - GENERAL
This report has been prepared to determine the acoustical effects associated with extending the operat-
ing hours of an exterior patio from the current 10:00 pm closing time to 12:00 am. The exterior patio
extends the entire length of the south elevation of the restaurant and approximately 16' along the east
elevation.
Buildings in the nearby vicinity with direct line -of -sight to the exterior patio are commercial and retail
occupancies. Directly across Avon St. south of the restaurant and patio is a post office /warehouse build-
ing which extends the entire length of the Nesai Restaurant. Retail and commercial buildings occur fur-
ther west on Avon St.
Directly east of the restaurant across Riverside are commercial buildings including a Mariners Insurance
building, and an architectural design office. Residences are located north and northeast of the restau-
rant building
1.1 PROJECT DESCRIPTION
The Nesai Restaurant is located at 215 -217 Riverside Street in Newport Beach, California at the north-
west corner of the intersection of Avon St. as shown on the vicinity map on Figure 1. The proposed res-
taurant occupies approximately 3000 square feet of the first level of a three story building, with office
space on the two floors above. The patio is located at street level, approximately 10' wide and extends
the length of the building elevation facing Avon St. and approximately 16' along the building elevation
facing Riverside
1.2 COMMUNITY NOISE ASSESSMENT METRICS
In general, community noise measurements or assessments refer to descriptions of the exterior noise
environment in the vicinity of inhabited areas. Descriptions of noise usually include the time and spatial
variations in the outdoor noise environment throughout a specific area so that descriptions are relevant
to the effect on people within the specified area.
Outdoor noise environments vary greatly in magnitude and character among locations throughout a
community —from the quiet suburban areas bordering on farmland, to the din of traffic in downtown
city streets. They generally vary with time of day, being relatively quiet at night when activities are min-
imal and noisier in morning and afternoons during peak traffic periods.
Noise or unwanted sound is complex and may be comprised of a broad range of sounds often including
low and high frequency components, which may also occur at differing decibel levels. To help simplify
and quantify the human judgment of relative loudness and provide a simple single- number rating sys-
tem, the "A- weighting" network was developed.
A- weighted sound level "db(A)" is one of the most widely used methods of stating community noise de-
sign goals and regulations in terms of a single number rating system. A- weighted sound levels are ob-
tained with a sound level meter incorporating an electronic weighting network that de- emphasizes the
low frequency portions of the noise spectrum, to automatically compensate for the lower sensitivity of
the human ear to low frequency sounds. High frequency components of sound, 1000Hz and above are
relatively unchanged in A- weighting networks as the human ear is fairly equally sensitive to all sounds
Nesai Restaurant — Newport Beach
Annual Analysis Report
Page 3
occurring in this high frequency range. The single A- weighted sound level is the sum of all A- weighted
sound energy within the 32Hz to 8000Hz octave bands.
The City of Newport Beach, as is typical of other cities, utilizes A- weighted sound levels in their noise
ordinance to quantify allowable noise levels which are averaged over a specific time period. This time
component is specified to allow for varying noise conditions such as the fluctuating noise levels associ-
ated with vehicular traffic stopping or accelerating from an intersection. The resultant level would be
the average of all sound levels measured within the stated time period.
The noise ordinance of The City of Newport Beach requires that noise measurements be conducted and
averaged over a 15 minute period, with a sound level meter set for a slow response averaging time. The
result is termed a "15 minute Leq ", (Equivalent Noise Level) and is measured and presented in A-
weighted decibels levels. By definition, a 15 minute Leq is the A- weighted sound level corresponding to a
steady -state sound level containing the same total sound energy as a time - varying signal over the 15
minute period.
For short duration or impact sounds, the City of Newport Beach utilizes the Lma, metric or (Maximum
Sound Level). This metric is also expressed in A- weighted decibels, and per the requirements of the or-
dinance is measured at the slow response averaging time. Lmax noise levels quantify the highest sound
level measured or recorded during a designated time interval or event.
*b A [.r
Nesal Restaurant
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FIGURE 1 VICINITY MAP
1.3 NOISE STANDARDS
The following noise level standards are excerpted from the City of Newport Beach noise ordinance.
10.26.025 Exterior Noise Standards
A. The following noise standards, unless otherwise specifically indicated, shall apply to all proper-
ty within a designated noise zone:
Nesai Restaurant — Newport Beach
Annual Analysis Report
Page 4
* Lmax levels defined in B.2 below
** Residential properties within 100' of commercial property line defined in D. below.
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It is unlawful for any person at any location within the incorporated area of the City to create
any noise, or to allow the creation of any noise on property owned, leased, occupied or oth-
erwise controlled by such person, which causes the noise level when measured on any other
property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen - minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard plus
twenty (20) dB(A) for any period of time (measured using A- weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise
level under said category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling within one
hundred (100) feet of a commercial property, if the intruding noise originates from that com-
mercial property.
E. If the measurement location is on boundary between two different noise zones, the lower
noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995; Ord. 95 -38
§ 11 (part), 1995)
As discussed in the following section, the ordinance defines the locations where acoustical measure-
ments are to be made to determine compliance with the noise standard criteria.
10.26.055 Noise Level Measurement
A. The location selected for measuring exterior noise levels in a residential area shall be at any part
of a private yard, patio, deck or balcony normally used for human activity and identified by the
owner of the affected property as suspected of exceeding the noise level standard. This location
may be the closest point in the private yard or patio, or on the deck or balcony, to the noise
source, but should not be located in nonhuman activity areas such as trash container storage
areas, planter beds, above or contacting a property line fence, or other areas not normally used
as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise
levels in a nonresidential area shall be at the closest point to the noise source. The measure-
Measuring
Daytime
Nighttime
Allowable Exterior
Allowable Exterior
Noise
Type of Land Use
Metric
Zone
(A -wtd)
Noise Level (Leq)
Noise Level (Leq)
7;00 am — 10:00 pm
10:00 pm — 7:00 am
I.
Single -, two -, or multiple - family
15 minute Leq
55 dB(A)
50 dB(A)
*Lmax
75 dB(A)
70 dB(A)
residential.
15 minute L,
65 dB(A)
60 dB(A)
II
Commercial
*Lmax
85 dB(A)
80 dB(A)
15 minute Leq
60 dB(A)
50 dB(A)
III
Mixed Use Residential **
*Lmax
80 dB(A)
70 dB(A)
V
Industrial or Manufacturing
15 minute Leq
70 dB(A)
70 dB(A)
*Lmax
90 dB(A)
90 dB(A)
* Lmax levels defined in B.2 below
** Residential properties within 100' of commercial property line defined in D. below.
If the ambient noise level exceeds the resulting standard, the ambient shall be the standard.
B. It is unlawful for any person at any location within the incorporated area of the City to create
any noise, or to allow the creation of any noise on property owned, leased, occupied or oth-
erwise controlled by such person, which causes the noise level when measured on any other
property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen - minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard plus
twenty (20) dB(A) for any period of time (measured using A- weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise
level under said category shall be increased to reflect the maximum ambient noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling within one
hundred (100) feet of a commercial property, if the intruding noise originates from that com-
mercial property.
E. If the measurement location is on boundary between two different noise zones, the lower
noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995; Ord. 95 -38
§ 11 (part), 1995)
As discussed in the following section, the ordinance defines the locations where acoustical measure-
ments are to be made to determine compliance with the noise standard criteria.
10.26.055 Noise Level Measurement
A. The location selected for measuring exterior noise levels in a residential area shall be at any part
of a private yard, patio, deck or balcony normally used for human activity and identified by the
owner of the affected property as suspected of exceeding the noise level standard. This location
may be the closest point in the private yard or patio, or on the deck or balcony, to the noise
source, but should not be located in nonhuman activity areas such as trash container storage
areas, planter beds, above or contacting a property line fence, or other areas not normally used
as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise
levels in a nonresidential area shall be at the closest point to the noise source. The measure-
Nesai Restaurant — Newport Beach
Annual Analysis Report
Page 5
ment microphone height shall be five feet above finish elevation or, in the case of a deck or bal-
cony, the measurement microphone height shall be five feet above the finished floor level.
B. The location selected for measuring interior noise levels shall be made within the affected resi-
dential unit. The measurements shall be made at a point at least four feet from the wall, ceiling
or floor, or within the frame of a window opening, nearest the noise source. The measurements
shall be made with windows in an open position. (Ord. 95 -38 § 11 (part), 1995)
1.4 TEST EQUIPMENT
Noise levels measurements were conducted with the following equipment. Acoustic calibration was
conducted immediately prior to and following the test procedures:
• Larson Davis Type 824 Type I integrating one -third octave band sound level meter
• Larson Davis Model PRM902 microphone preamplifier
• Larson Davis Type CAL200 precision Class I sound level calibrator calibrated to a reference
traceable to the National Institute of Standards and Technology.
• Larson Davis Type 2560'/:" microphone accepted to meet the specifications of IEC 60651
and ANSI S1.4 -1983 Type 1.
Measurement equipment satisfies the American National Standards Institute (ANSI) Standard 1.4 for
Type 1 precision sound level measurements as well as all requirements for testing equipment for the
City of Newport Beach.
SECTION 2 - ACOUSTICAL MEASUREMENT RESULTS
Acoustical measurements were conducted at several locations on 7 May 2014 between the hours of
11:00 pm and 1:00 am on 8 May 2014 to determine the ambient conditions which occur during the de-
sired extended hours of patio operation. Measurement positions are shown in Figure 2.
The primary source of noise impacting the restaurant and adjacent areas is traffic noise from Coast
Highway to the south. Traffic on Riverside was sporadic during our site visit, and no traffic was observed
on Avon St. Commercial and general aviation aircraft at high elevation were also observed.
Nesai Restaurant — Newport Beach
Annual Analysis Report
Page 6
FIGURE 2 MEASUREMENT POSITIONS
2.1 PREDICTED NOISE LEVELS
The drawings show the patio to seat 52 total diners, approximately 42 along the south elevation of the
restaurant building and another 10 patrons seated at the east elevation. The closest building to the
south patio elevation is the post office which is approximately 50' from the patio. To the east across
Riverside, the closest building is the insurance building which is 80' from the patio.
Residential property 90' to the northeast across Riverside would only be exposed to the ten diners seat-
ed at the east area of the patio. Noise from patio diners would be insignificant at the residences located
to the north of the patio due to the acoustical shielding provided by the 3 story restaurant building.
Typical sound levels of normal conversation between people approximately 3' apart is on average 65
dB(A). Using the assumption that additional diners in the patio will generate, on average, the same level
of noise per person (at a fixed distance), determining the sound levels of 52 people speaking (assuming
the patio is 100% occupied) is calculated by the following calculation:
10log ((10(""') x 52)) (for 100% occupancy— 52 diners total at south elevation)
10log {( d"11°) x 10)) (for 10 diners at east elevation)
The resultant sound level of 52 patrons speaking at average levels of 65 dB(A) results in total sound lev-
els of 82 dB(A). The sound level of 10 patrons speaking at average levels of 65 dB(A) results in total
sound levels of 75 dB(A).
Nesai Restaurant — Newport Beach
Annual Analysis Report
Page 7
To determine the sound level at the commercial post office property to the south at a distance of 50'
from the patio, the following formula is used:
82 dB(A) - 20log(d2/dl)
Where d1= initial distance (3')
dZ = distance where sound level is desired (50')
For the commercial post office property south of the patio,
the calculated sound levels from diners: = 82 dB(A) - 20log(50'/3')
= 82 dB(A) —25 dB(A)
= 57 dB(A)
For sound levels at the office buildings 80' to the east across Riverside, the following formula is used:
82 dB(A) - 20log(d2/dl)
Where d1= initial distance (3')
dZ = distance where sound level is desired (80')
For the commercial office properties east of the patio,
the calculated sound levels from diners: = 82 dB(A) - 20log(80'/3')
= 82 dB(A) — 29 dB(A)
= 53 dB(A)
For sound levels at the residential property 90' to the northeast across Riverside, the following formula
is used:
75 dB(A) - 20log(dz /dl)
Where d1= initial distance (3')
dz= distance where sound level is desired (90')
For the commercial office properties east of the patio,
the calculated sound levels from diners: = 75 dB(A) - 20log(90'/3')
= 75 dB(A) —30 dB(A)
= 45 dB(A)
These results as well as the City of Newport Beach noise standard are shown in the following Table I
Nesai Restaurant — Newport Beach
Annual Analysis Report
Page 8
TABLE I
Predicted Noise
Distance to Nearby
Noise Reduction
Resultant Level at
Newport Beach
Levels at Patio
Property
due to Distance
Nearby Property
Nightime Standard
82 d8(A)
50' to post office
25 d8(A)
57 dB(A)
60 dB(A)
across Avon
80' to commercial
82 dB(A)
offices across River-
29 dB(A)
53 clB(A)
60 clB(A)
side
75 dB(A)
90' to residences
30 dB(A)
45 dB(A)
50 dB(A)
across Riverside
SECTION 3 - CONCLUSION
The noise levels generated by operation of the dining patio are calculated to range from 53 dB(A) to 57
dB(A) at the closest commercial properties thus satisfying the 60 dB(A) maximum level allowed by the
City of Newport Beach noise ordinance.
At the closest residential property to the northeast of the restaurant, noise levels from patio activity are
calculated to be 45 dB(A) which satisfies the 50 dB(A) maximum level allowed by the City of Newport
Beach. Residences directly north of the building are acoustically shielded and noise levels from the patio
activity would be insignificant.
Based on data measured at the site as well as calculations presented herein, we conclude that the dining
patio remaining open to 12:00 a.m. should satisfy the noise ordinance of the City of Newport Beach.
This concludes our report. Please feel free to call with any questions or comments
Sincerely yours,
RS Acoustics Inc.
Robert Schmidt, Principal Consultant
R: \Current Projects\Active Projects \Nesai \Nesai Reportdocx
Correspondence
Item No. 2q
SURNS,MARLENG Nesai Restaurant
From: Nova; Makana PA2 013 - 2 0 3
Sent, Thursday, May 08, 2014 11:00 AM
To: Burns, Marlene
Subject: FW: Fred Babaee Resident Newport Beach Westminster Ave.
Here is another comment letter for Item 2 on tonight's Planning Commission agenda
HA1444%,c AavA I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Cal new port hea chca a ov
www. new Dort be a ch ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660.
From: Fred Babaee rmailto:fredCalfbabaee.coml
Sent: Thursday, May 08, 2014 10:44 AM
To: Nova, Makana
Subject: Fred Babaee Resident Newport Beach Westminster Ave.
Hello Makana,
My name is Fred Babaee, we are neighbor here at Newport Height Newport beach. We just moved here to Newport
Beach and welcome any new establishment close to our neighborhood in particular a renovation of Nasai Restaurant on
Riverside Ave. Newport Beach.
I wish them luck in regards to process and transition this restaurant into a new facility.
Kindest regards
Fred Babaee
Correspondence
Item No. 2r
SURNIS,MARLEMr- Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent, Thursday, May 08, 2014 11:46 AM
To: Burns, Marlene
Subject: FW: PA 2013 -203 Nesai Restaurant
More correspondence received for Item No. 2 on tonight's Planning Commission agenda
H414.44%,c AavA I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Cal new port hea chca a ov
www. new Dort be a ch ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660.
From: Pete Zehnder rmai Ito: oete(d)bettershelter.coml
Sent: Thursday, May 08, 2014 11:44 AM
To: Hillgren, Bradley; Tucker, Larry; Kramer, Kory; Ameri, Fred; Brown, Tim; Lawler, Ray; Myers, Jay; Nova, Makana
Subject: PA 2013 -203 Nesai Restaurant
May 08, 2014
Dear Honorable Members of the Planning Commission,
1 am writing on behalf of the local homeowners and residents listed below
with reference to the planning application PA 2013 -203 for Nesai restaurant.
We are very familiar with the applicant, Jeff Hall, and his partners from our
experience over the years with his other restaurants and community
participation. Most notably, Jeff has significantly helped to transform the
downtown Santa Ana historic zone into a vibrant and thriving restaurant and
entertainment destination. In addition, they have contributed a very
significant amount of money and time into a number of local charities and
community improvement projects.
We very much support the application to convert the old Nesai restaurant
into a new, upscale and relevant fine dining establishment convenient to the
Newport Heights neighborhood. Knowing the plans and Jeff's commitment to
excellence, everyone in our neighborhood is excited that this will be a
much needed, local oriented alternative to the noisy and more tourist focused
businesses on Pacific Coast Highway.
We also encourage your approval for the outdoor dining service post the 9:00 P.M. hour.
It will be very enjoyable for so many with busy schedules to have the opportunity to enjoy a late snack or meal
in
a lovely outdoor patio in our great Newport weather.
Jeff and his team will be a great addition to the local community.
We are excited to have a true "neighborhood" place for "foodies "and friends to gather and enjoy a great
meal.
Sincerely,
Peter and Beth Zehnder
521 Redlands Ave.
Newport Beach, Calif. 92663
Tammy & Keith Matsunami
421 Riverside Ave.
Newport Beach Ca 92663
Will and Kris Higman
422 Redlands Ave
Newport Beach, Ca. 92663
Tracy Rath
441 Redlands Ave
Newport Beach Ca 92663
Jenny & Tim Brosnan
412 Signal Road
Newport Beach, Ca. 92663
Mr. and Mrs. Al Gels
526 San Bernadino Ave
Newport Beach Ca 92663
Tony and Kathy Shaw
124 Tustin Ave. Ste 200, NB, and
204 Tustin Ave. NB, CA 92663
The Robertson Family
519 Aliso
Newport Beach, Cal. 92663
Mr. and Mrs. Carl Fuller
537 Redlands Ave
NB, Calif. 92663
Glenn & Kristin baker
445 Redlands Ave
Newport Beach, CA.92663
2
Garrett Robertson
419/423 Redlands Ave.
Newport Beach, Ca. 92663
Chelsea and Trever Gregory
1301 Kings Road
Newport Beach, Calif.
Dennis & Leslie Shannon
7 Cape Woodbury
Newport Beach, Ca. 92660
Rick & Kendra Lohr
2107 Leeward Ln.
Newport Beach, CA 92660
Mr. and Mrs. Joe Flannagan
506 Signal Rd.
Newport Beach, Ca. 92660
Dave & Jenn Allen
517 Catalina Dr
Newport Beach, Ca 92663
Julie & Matt White
7 Cape Danbury
Newport Beach, Ca. 92660
Wendy & Kim Thompson
441 El Modena Ave.
Newport Beach CA 92663
Kim & Steve Coyne
2422 Margaret Dr.
Newport Beach CA 92663
Julie & Tim Woodall
300 Pirate Road
Newport Beach, Ca. 92663
Bridget & Blain Skinner
1315 Sussex Lane
Newport Beach Ca 92660
Kim Robertson
1410 Kings Road
Newport Beach, Ca. 92663
3
Paddy & Graham Espley -Jones
2665 Bayshore Dr.
Newport Beach, CA 92663.
Matt and Rorie Kaplan
511 Tustin Avenue
Newport Beach, CA 92663
Kelligrace and Chip Stassel
425 Aliso Ave.
Newport Beach. Ca. 92663
Resident
2631 Crestview Dr.
Newport Beach, Ca. 92663
Correspondence
Item No. 2s
SURNS,MARLENG Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent, Thursday, May 08, 2014 12:22 PM
To: Burns, Marlene
Subject: FW: 217 Riverside. Nesai restaurant..
More correspondence received for Item 2 on tonight's Planning Commission agenda.
Makana Nova I ASSISTANT PLANNER
Planning Division I City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(a)newportbeachca.gov
www.newportbeachca.gov
- - - -- Original Message---- -
From: Marilyn Riddle tmailto :riddle.marilyn(cDicloud.coml
Sent: Thursday, May 08, 2014 12:08 PM
To: Nova, Makana
Subject: 217 Riverside. Nesai restaurant..
Those proposed open -air drinking hours are unacceptable in my neighborhood. I live at 227 Ocean View. My home is
across the street as my home is on the uphill across from the Nesai. The late night commotion will travel uphill. There
are times when late- night drinkers gather in the Park on Riverside after they have had their fill. Sometime it feels like
Riverside is a speedway, with unconcerned, thoughtless drivers testing the limits. Please reconsider the negative impact
of the Nesai proposal. My name is Marilyn Riddle, and my phone # is 949 - 646 -8811.
Sent from my Fad
Correspondence
Item No. 2t
aURNS,MARLENE Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent. Thursday, May 08, 2014 12:49 PM
To: Burns, Marlene
Subject: FW: Former Nesai Restaurant
Comments received on Item 2 on tonight's Planning Commission agenda
HoL4oL4.l. Navot I ASSISTANT PLANNER
Planning Division I City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
mnova(@ new oortbeach ca. aov
www. new no rtbeach ca. a ov
From: Ryan Chase ]mailto:rchaseusc()omail.coml
Sent: Thursday, May 08, 2014 12:34 PM
To: Nova, Makana
Subject: Former Nesai Restaurant
Makana,
Wanted to email you in support of the new owners /operators of the former Nesai Restaurant that is going in
front of planning commission tonight. As a longtime Newport Beach family and landowner I am in full support
of their project and what they bring to the City. My family is also very involved in Downtown Santa Ana and
since Jeff Hall's entry into the area his restaurants Chapter One and C4 Deli have been HUGE additions and
taken things to the next level operationally and professionally. Not only do they have great food but their
contributions to the area and overall community have been hugely impactful. Whether its a charity Bingo night,
a Downtown event, or volunteering as the head of the restaurant association and Downtown board, you will not
find a better team to welcome to our community. Lastly, as a younger resident of Newport would hope that the
City will allow them to stay open to at least midnight on the weekends to provide some alternative options to
McDonalds and Taco Bell.
Thank you for your consideration.
Ryan Chase, Iry Chase, & Allan Fainbarg
S & A Properties
129 W. Wilson St. Ste 100
Costa Mesa, CA 92627
949- 722 -7400
949 - 722- 8855(Fax)
Correspondence
Item No. 2u
BURNS,MARLENE Nesai Restaurant
Irrom: Jim Mosher <jimmosher @yahoo.com> PA2013 -203
Sent, Thursday, May 08, 2014 2:19 PM
To: Nova, Makana
Cc: Burns, Marlene
Subject. Comments on Nesai Restaurant - (PA2013 -203) -- PC Agenda Item 2
Makana,
I found your staff report for tonight's Planning Commission hearing on Agenda Item 2 (PA2013- 203)generally excellent
and very thorough.
I would like to offer these minor suggestions:
1. In Condition 15 (handwritten page 26), regarding the hours when exterior doors and windows can be open, the word
"shall" missing. I would also suggest including a clearly stated starting hour as well as an ending hour. For example:
"The exterior windows and doors of the facility SHALL be closed BETWEEN 10:00 p.m. and 10:00 a.m."
(or whatever opening time is appropriate)
2. Likewise in Condition 12, the closing hour for the outdoor patio is clear, but the permissible starting hour is
not. Should an opening hour for the outdoor patio be specified? If it is, it was not clear to me from the other conditions.
3. Finally, on handwritten page 27 there is a Condition "65" and "66" inserted between "21" and "22." This may be
confusing since there are different Conditions 65 & 66 on handwritten page 32.
4. Also, is a Coastal Development Permit (or waiver) required for this type of commercial remodeling in the Coastal
Zone? I see the need for CCC approval was mentioned in the 1989 Use Permit (handwritten page 48, Condition 13).
Yours sincerely,
Jim Mosher
Correspondence
Item No. 2v
SURNS,MARLENr- Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent, Thursday, May 08, 2014 2:34 PM
To: Burns, Marlene
Subject: FW: NESAI RESTAURANT -- CONDITIONAL. USE PERMIT
Here is some more correspondence received for Item 2 on tonight's Planning Commission agenda
Ho4e.4 -A NoN�c I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Col new oortbea chca. a ov
www. new no rtbeach ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660
From: Cazzbo30(cbaol.com fmai Ito: Cazzbo30Calaol.coml
Sent: Thursday, May 08, 2014 2:13 PM
To: Nova, Makana
Subject: NESAI RESTAURANT -- CONDITIONAL USE PERMIT
May 7, 2014
Dear Ms. Nova:
We have lived across from Cliff Drive Park for 42 years. Nesai Restaurant is located on the apron of Cliff Drive Park. To
allow the new operators of Nesai Restaurant to do business, including alcohol service until 12 midnight Monday thru
Thursday; 1 AM Friday and Saturday and 12 midnight Sunday is ASKING for disturbances. This is not the first time that
(very possible) peace and tranquility will invade the Newport Heights Neighborhood. I cannot count the times we have
been awakened in the wee hours of the morning by loud party disturbances coming from the Rusty Pelican and
neighboring restaurants and bars. The Nesai Restaurant is located much closer....... right under our noses, as matter of
fact. And, as you know, they are requesting that the patio service be expanded, which will allow MORE NOISE to invade
this residental neighborhood.
I welcome progress. Nesai Restaurant has been a good quiet neighbor for a number of years. But in all fairness, would
you like a loud party induced bar operating until 1 AM within 100 yards or less of your home? I understand the sale of
alcohol is where the profit of a restaurant /bar is derived. Nesai had such a license, but was primarily a restaurant that
offered alcohol services and closed at 10:30 PM. Nesai was not an attraction to drinking parties. We never once had a
disturbance from there.
Employee and customer parking and traffic through our neighborhood are additional issues that cannot be ignored.
These concerns are real. Thank you for anticipated support from our city.
Corinne Spence
2910 Cliff Drive
Newport Beach, CA 92663
Correspondence
Item No. 2w
SORNS,MARLENr- Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent, Thursday, May 08, 2014 2:47 PM
To: Burns, Marlene
Subject: FW: Nesai Restaurant Hours
Correspondence received for Item 2 on tonight's agenda
HoLAA •.c ADVA I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Col new oortbea chca. a ov
www. new no rtbeach ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660.
From: Bruce & Kathe Choate rmailto :choateoncliffCa)gmail.coml
Sent: Thursday, May 08, 2014 2:43 PM
To: Nova, Makana
Cc: Bruce Choate; 'Dorothy'
Subject: Nesai Restaurant Hours
Dear Ms. Nova,
I am writing to let you know that my husband and I are very opposed to late hours at the Nesai Restaurant which is
under new ownership. We live at 2924 Cliff Drive, in a very quiet and peaceful neighborhood and we prefer to keep it
that way. We overlook a park which has stairs down to the street below which is where the restaurant is located. We
fear that valets will park patron's cars on the street in front of our house as it is convenient to do so with the access of
the stairs. Also, the noise in general of a business closing down at that hour is unacceptable. My husband is up at 5:30
am each day for a long commute to work and being awakened after 10 pm would be a hardship for us. People who have
been drinking late are usually very noisy and since they do not live in our neighborhood, I'm sure that they would not
care how much noise they make. What would be next with the late hours? Music? Absolutely not.
I understand that there is a meeting tonight regarding the hours for the restaurant. I would appreciate it if you would
have this email available at the hearing as I cannot be there this evening myself. I want to make sure that our voice is
heard, loudly.
Please keep me informed of future developments on this particular subject. I think you will find that the neighbors in
Newport Heights and the surrounding area will be 100% against extended hours. After all this is a RESIDENTIAL
NEIGHBORHOOD not restaurant row.
Thank you.
Kathe Choate
Correspondence
Item No. 2x
SURNS,MARLENG Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent, Thursday, May 08, 2014 2:54 PM
To: Burns, Marlene
Subject: FW: Nesai Restaurant
A comment for Item 2 on tonight's Planning Commission agenda
HoL4lv4.l. Navoc I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Col new oortbea chca. a ov
www. new no rtbeach ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660.
From: Benavides, David fmailto :DBenavides0santa- ana.oraI
Sent: Thursday, May 08, 2014 2:50 PM
To: Nova, Makana
Cc: ,; ij(a)chapteronetml.com
Subject: Nesai Restaurant
Makana Nova,
The purpose of this correspondence is to serve as a reference for Jeff Hall and Jeff Jensen, new operators of Newport
Beach 's Nesai Restaurant. Mr. Hall and Mr. Jensen opened, own and operate two restaurants in Downtown Santa Ana
(Chapter One and C4:Deli) . They have been restaurateurs in our city for several years. I have been more than
impressed with their professionalism, responsible operation of their restaurants and contributions to our community.
They have been great partners both with the City and with other area business owners in collaborating to
continuously improve our Downtown Business District. This team of partners have opened up their restaurants to support
various fundraisers for multiple community non - profits. They serve in the leadership for both the Downtown Santa Ana
Restaurant Association and Business Improvement District association. I am sure that they will be an asset to your city's
business community.
This is the first time that I write such a reference for a Santa Ana business owner, however, given their stellar track
record I was compelled to do so.
Regards,
P. David Benavides
Councilman, City of Santa Ana
dbenavides(a )Santa- ana.org
714.647.6900
Correspondence
Item No. 2y
SURNS,MARLENG Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent. Friday, May 09, 2014 8:46 AM
To: Burns, Marlene
Subject: FW: Nesai Restaurant
Comments received on Item 2 of the Planning Commission agenda for May 8`h
Moc4oL4.l. Nava. I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Col new oortbea chca. a ov
www. new no rtbeach ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660.
From: Phil Bacerra rmailto:ohilbacerra(cbamail.coml
Sent: Thursday, May 08, 2014 3:53 PM
To: Nova, Makana
Subject: RE: Nesai Restaurant
Ms. Nova,
I enthusiastically support Jeff Hall and Jeff Jensen in their latest culinary endeavor. My only concern is that this
endeavor is in Newport Beach and not Santa Ana. As a Planning Commissioner in the City of Santa Ana, I,
along with my six colleagues, make land use decisions that we believe will most benefit our city. Our city has
granted two conditional use permits to Mr. Hall and Mr. Jensen and I could not be more happier with their
businesses' performance. Nesai Restaurant will be an excellent addition to Newport Beach.
Sincerely,
Phil Bacerra
Planning Commissioner
City of Santa Ana
Correspondence
Item No. 2z
SURNS,MARLENr- Nesai Restaurant
PA2013 -203
From: Nova; Makana
Sent. Friday, May 09, 2014 8:47 AM
To: Burns, Marlene
Subject: FW: Nesai Supporter
Comments received for Item 2 on the May 8`h Planning Commission agenda
HA1444%,c AavA I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Cal new port hea chca a ov
www. new Dort be a ch ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660.
From: Sara D'Elia rmai Ito: sdelia(cbremmarouo.coml
Sent: Thursday, May 08, 2014 4:15 PM
To: Nova, Makana
Subject: Nesai Supporter
Hello Mr. Nova,
I live at 510 Riverside Avenue and would like to voice my strong recommendation in favor of the new ownership of Nesai
and their proposed restaurant. The community is in need of a professionally managed facility
and everyone will benefit. My family and I are looking forward to the restaurant along with others throughout the
Heights. We strongly urge you to look into the operating group, I am familiar with the new operators and their current
restaurants and I feel that it will be a welcomed and valuable addition to the area. It will be nice to have a high quality
restaurant adjacent the neighborhood. If they choose to serve food past 11:00, they will do so with the understanding of
their neighborhood and neighbors. My fellow neighbors and I are in FULL support! Thank you for your support.
Sincerely,
Sara D'Elia
Chief Executive Officer
The REMM Group
505 South Villa Real, Suite 201
Anaheim, CA 92807
P. 714.974.1010 x 2131 F. 714.974.2191
sdeliaCaIremmgroup.com I www.remmciroui).com
�
EMM
Correspondence
Item No. 2za
13URN5,MARLENE Nesai Restaurant
PA2013 -203
From: Nova, Makana
Sent: Friday, May 09, 2014 8:47 AM
To: Burns, Marlene
Subject: FW: please keep nesai location hours lights out at eleven pm
Comments received for Item 2 on the May 8th Planning Commission agenda
Mokow�R NavA I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Cpl new p o rtbea ch ca. g ov
www new port be a chca go
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660.
From: vicki ronaldson f mailto:v.ronaldson(cbgmail.coml
Sent: Thursday, May 08, 2014 4:44 PM
To: Nova, Makana
Subject: please keep nesai location hours lights out at eleven pm
dear ms nova
the heights is a great little neighborhood sitting above pch and
many late night establishments. as there seems to be a transition
with the properties on riverside, we respectfully request that
whatever replaces nesai be held to historic 11 P curfew.
thanks for considering our point of view.
vicki and don ronaldson
506 san bernardino ave
n b ca 92663
v«ii
949 - 933 -2332c
1
Correspondence
Item No. 2zb
SORNS,MARLENr- Nesai Restaurant
From: Nova; Makana PA2 013 -2 0 3
Sent, Friday, May 09, 2014 8:48 AM
To: Burns, Marlene
Subject: FW: Jeff Hall - Newport Beach Project
Comments received on Item 2 of the Planning Commission agenda
Mot4oL4.l. Nava. I ASSISTANT PLANNER, AICP
Planning Division I Community Development Department
City of Newport Beach
100 Civic Center Drive I Newport Beach, CA 92660
P. 949.644.3249 1 F. 949.644.3203
m nova Col new oortbea chca. a ov
www. new no rtbeach ca. a ov
Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660.
From: James Gartner [mai Ito: iaCaliaartner.coml
Sent: Thursday, May 08, 2014 3:57 PM
To: Nova, Makana
Subject: Jeff Hall - Newport Beach Project
Dear Ms. Nova,
My name is Jim Gartner and I am a long time resident of Santa Ana, a local Architect here for 27 years, and a Planning
Commissioner for the past eight years. I have witnessed the City of Santa Ana come a long way since moving here in
1986. The downtown was not a place I would ever consider spending any time in until recently. Two of the pioneers
that led the rejuvenation of Downtown Santa Ana are Jeff Hall and Jeff Jensen. Mr. Hall and Mr. Jensen took a big
chance on locating in Santa Ana, as did the owner of the building they are in. They have two fantastic restaurants
downtown that have become icons in our city. People from all over Orange County now rave about Downtown Santa
Ana. This is something I thought would never happen in my lifetime.
It is my understanding that Jeff and Jeff are proposing a new project in Newport Beach. I would urge your support of
their venture. These two gentleman are pillars of the community and simply first class people. They will do what they
say, and stand behind it all the way. I wish them the best of luck with their project.
Best Regards,
Jim Gartner
James R. Gartner, AIA I president I James Gartner & Associates Architects, Inc.
2036 N. Broadway I Santa Ana I California 1 92706
p 714.560.9210 x 102 1 c 714.349.2050 1 www.igartner.com
Timothy M. Davey
2907 Cliff Drive
Newport Beach, CA 92663
949- 421 -5316
May 8, 2014
Newport Beach Planning Commission
Chairman Hillgren
100 Civic Center Dr.
Newport Beach, CA 92660
Dear Chairman Hillgren and Planning Commission Members,
Correspondence
Item No. 2zc
Nesai Restaurant
PA2013 -203
,,S,oFIvea BI
COMMUNITY
MAY 0 9 2014
DEVELOPMENT VA
Oh NEWPO?"
My name is Tim Davey and I live at 2907 Cliff Drive, about 100 yards above Nesai
Restaurant. I'm generally in support of Nesai as a business but I'm vehemently opposed
to certain aspects of the proposed CUP.
The largest issue is the extension of operating hours, particularly the weekend hours.
This establishment will now attract a young crowd looking for the last bar open, and all
that comes with that. The noise from the PCH establishments which close late
(especially in the summer) is already ayreal nuisance, and this situation would be
significantly worse. Riverside Avenue will undoubtedly be used for parking and we will
have the late night stragglers hanging around the park area. In my view, this is simply an
issue of compatible uses, and I don't believe this change will result in any such
compatibility. Granting of this CUP will result in-diminution of our property values and
our quality of life in general.
I strongly urge you to vote against the CUP as drafted.
Sincerely,
Timothy M. Davey
UIA
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CITY OF NEWPORT BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, June 24, 2014, at 7:00 p.m. or soon thereafter as the matter shall be
heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City
Council of the City of Newport Beach will consider the following application:
Nesai Restaurant - Appeal of the Planning Commission's approval of a Conditional Use Permit (CUP) to allow the
remodeling and expansion of an existing restaurant operating with a Type 47 (On -Sale General) Alcoholic Beverage
Control license. The application includes a new outdoor dining patio, late hours of operation (after 11:00 p.m.), and a
partial waiver of required parking with the approval of a parking management program authorizing off -site parking,
employee use of the Avon municipal parking lot, and valet parking. Due to the request for late hours of operation,
approval of an Operator's License issued by the Newport Beach Police Department is also required.
The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act)
Guidelines - Class 1 (Existing Facilities).
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court,
you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to
the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach
Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date, and if such an action
occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report,
and documents may be reviewed at the Community Development Department Permit Center (Bay C -1st Floor), at 100
Civic Center Drive, Newport Beach, California, CA 92660 or at the City of Newport Beach website at
www. newportbeachca .gov /planningcommission. Individuals not able to attend the meeting may contact the Planning
Division or access the City's website after the meeting to review the action on this application.
For questions regarding this public hearing item please contact Makana Nova, Assistant Planner, at (949) 644 -3249,
mnova @newportbeachca.gov.
NOTICE OF POLICE DEPARTMENT DECISION
NOTICE IS HEREBY FURTHER GIVEN that pending approval of the Conditional Use Permit No. UP2013 -021 mentioned
above, an operator license application is scheduled for review by the Chief of Police of the City of Newport Beach on or
after Friday, June 30, 2014. The Chief of Police will consider the following application:
Nesai Operator License- An operator license to allow 217 Riverside Avenue Merchants to operate an eating and
drinking establishment (restaurant) with late hours and a Type 47 (beer, wine, distilled spirits) Alcoholic Beverage Control
(ABC) license. All interested parties may submit written comments regarding the requested operator license to Detective
John Thulin at 870 Newport Center Drive, Newport Beach, California, 92660. Comments will be accepted through
Tuesday, June 24, 2014.
If Conditional Use Permit No. UP2013 -021 is not approved by the City Council, no action on Operator License No.
OL2013 -004 will be taken. For questions regarding details of the operator license please contact Makana Nova, Assistant
Planner, at (949) 644 -3249, mnova @newportbeachca.gov.
The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act)
Guidelines - Class 1 (Existing Facilities).
Project File No.: PA2013 -203
Zone: CG (Commercial General)
Activity No.: UP2013 -021 and OL2013 -004
General Plan: CG (General Commercial)
Location: 215 Riverside Avenue Applicant: 217 Riverside Ave Merchants
Moti
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3 �4 , Leilani I. Brown, City Clerk
City of Newport Beach
Cq�IFpF.��A
Clint and Marcelle Hufford
9779 La Arena Circle
Fountain Valley, CA 92708
Clint and Marce ufford
9779 La Are ircle
Fountai alley, CA 92708
217 Riverside Ave Merchants
Attn: Jeff Hall
215 Riverside Avenue #17
Newport Beach, CA 92663
217 Riverside Ave M5�x pants
Attn: Jeff Hall
s
215 Riversi Avenue #17
New p� each, CA 92663
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215 -217 RIVERSIDE AVE
NEWPORT BEACH CA 92708
049- 0 -01 049 - 103 -05 049 - 103 -07
CITY O EWPORT BEACH
3300 NEW RT BLVD
NEWPORT B CH CA 92663
049 - 073 -09
DONALD AYRES
2800 CLIFF DR
NEWPORT BEACH CA 92663
049 - 102 -10
WILLIAM SMITH
2918 CLIFF DR
NEWPORT BEACH CA 92663
049 - 102 -16
CASSIDY J BRENNAN
2920 CLIFF DR
NEWPORT BEACH CA 92663
049- 103 -18
HAROLD & SHARON WOODS
2919 CLIFF DR
NEWPORT BEACH CA 92663
049- 103 -21
JOHN R STAUB
2911 CLIFF DR
NEWPORT BEACH CA 92663
049 - 110 -21
ROBERT BRANDY
1 113 PINE ISLAND CT
LAS VEGAS NV 89134
049 - 121 -18
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BEVERLY HILLS CA 90210
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WILLIAM SCHOBERT
2808 CLIFF DR
NEWPORT BEACH CA 92663
049 - 102 -07
K L MEYERS
27991 MILT CIR
LAGUNA NIGUEL CA 92677
049 - 102 -14
DONALD L WILLIAMS
2936 CLIFF DR
NEWPORT BEACH CA 92663
049 - 102 -17
BRUCE CHOATE
59 CAPE ANDOVER
NEWPORT BEACH CA 92660
049 - 103 -19
ERNEST V CASTRO
3500 W LAKE CENTER DR B
SANTA ANA CA 92704
049 - 110 -17 049 - 110 -30
MARINERS CENTER M2 LLC
660 NEWPORT CENTER DR 200
NEWPORT BEACH CA 92660
049 - 110 -31
2008 MINOR
PO BOX 490
SAN JACINTO CA 92581
049 - 121 -24
MARINERS MILE CO
424 E 16TH ST
COSTA MESA CA 92627
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049- 073 -08
SCOTT S POLLARD
4041 MACARTHUR BLVD 140
NEWPORT BEACH CA 92660
049 - 102 -08
SIMON & GAIL BABAZADEH
2928 CLIFF DR
NEWPORT BEACH CA 92663
049 - 102 -15
GARY & CHERYL UECKER
2940 CLIFF DR
NEWPORT BEACH CA 92663
049 - 103 -17
CLINTON HUFFORD
9779 LA ARENA CIR
FOUNTAIN VALLEY CA 92708
049 - 103 -20
TIMOTHY M DAVEY
2907 CLIFF DR
NEWPORT BEACH CA 92663
049 - 110 -19
W B TWO PROPERTIES
31752 COAST HWY 200
LAGUNA BEACH CA 92651
049 - 110 -32
MINOR FAMILY PTSHP
PO BOX 490
SAN JACINTO CA 92581
049 - 122 -03
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1606 HIGHLAND DR
NEWPORT BEACH CA 92660
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2610 AVON ST NEWPORT BEACH CA 92663 LOS ANGELES CA 90064
NEWPORT BEACH CA 92663
049 - 122 -12 049 - 122 -13 049 - 122 -14
MARILYN D RIDDLE BORDIER 2010 CRAIG & MONIQUE GREGORY
227 OCEAN VIEW AVE 229 OCEAN VIEW AVE 233 OCEAN VIEW AVE
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
049 - 122 -15 049 - 122 -16 049- 122 -22
ROBERT J HERBERT DALE T FALASCO TIM MOULTRUP
15363 PAUMA VALLEY DR 243 OCEAN VIEW AVE 21055 CARLOS RD
PAUMA VALLEY CA 92061 NEWPORT BEACH CA 92663 YORBA LINDA CA 92887
049 - 122 -25 049 - 122 -29 049 - 122 -30 049 - 122 -26 • 049 - 122 -34
BYRON K CHAMBERLAIN TOBIN L & HEATHER BOGARD HOWARD C MARTIN
206 RIVERSIDE AVE 225 OCEAN VIEW AVE 215 OCEAN VIEW AVE
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
049 - 122 -35 049 - 123 -02 049- 123 -06
REAL ESTATE PORTFOLIO MGMT SCHMIDT FAMILY TRUST ROBERT A CLARKE
LLC 240 OCEAN VIEW AVE PO BOX 3444
PO BOX 1777 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92659
NEWPORT BEACH CA 92659
049 - 123 -07 049- 123 -08' 049 - 123 -09
SELIM M & OZLEM INEL RANDY D & AMY GAGNIER PAUL TAMBORRINO
211 CANAL ST 207 TUSTIN AVE 225 TUSTIN AVE
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
049- 123 -10 049 - 123 -11 049 - 123 -12
THOMAS & MELISSA RUIZ M & GEORGIA HANCK MICHAEL J SULLIVAN
219 TUSTIN AVE 230 OCEAN VIEW AVE 228 OCEAN VIEW AVE
NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663
Eric Beneker
EB Design - 217 Riverside Ave Merchants NEWPORT HEIGHTS IMPROVEMENT
7705 Alondra Attn: Jeff Hall ASSOCIATION
Paramount CA 90723 215 Riverside Avenue #17 Attn: DON KROTEE
2916 CLAY ST
Newport Beach, CA 92663 NEWPORT BEACH,CA 92663
MARINERS MILE BUSINESS OWNERS
ASSOC.
Attn: NED MCCUNE
424 E. 16TH ST
COSTA MESA,CA 92627
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CITY OF NEWPORT BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, June 24, 2014, at 7:00 p.m. or soon thereafter as the matter shall
be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach.
The City Council of the City of Newport Beach will consider the following application:
Nesai Restaurant - Appeal of the Planning Commission's approval of a Conditional Use Permit (CUP) to allow the
remodeling and expansion of an existing restaurant operating with a Type 47 (On -Sale General) Alcoholic Beverage
Control license. The application includes a new outdoor dining patio, late hours of operation (after 11:00 p.m.), and a
partial waiver of required parking with the approval of a parking management program authorizing off -site parking,
employee use of the Avon municipal parking lot, and valet parking. Due to the request for late hours of operation,
approval of an Operator's License issued by the Newport Beach Police Department is also required.
The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality
Act) Guidelines - Class 1 (Existing Facilities).
All interested parties may appear and present testimony in regard to this application. If you challenge this project in
court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence
delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the
Newport Beach Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date,
and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public
hearing the agenda, staff report, and documents may be reviewed at the Community Development Department
Permit Center (Bay C -1 st Floor), at 100 Civic Center Drive, Newport Beach, California, CA 92660 or at the City of
Newport Beach website at www. newportbeachca .gov /planningcommission. Individuals not able to attend the
meeting may contact the Planning Division or access the City's website after the meeting to review the action on this
application.
For questions regarding this public hearing item please contact Makana Nova, Assistant Planner, at (949) 644 -3249,
mnova@newportbeachca.gov.
NOTICE OF POLICE DEPARTMENT DECISION
NOTICE IS HEREBY FURTHER GIVEN that pending approval of the Conditional Use Permit No. UP2013 -021
mentioned above, an operator license application is scheduled for review by the Chief of Police of the City of
Newport Beach on or after Friday, June 30, 2014. The Chief of Police will consider the following application:
Nesai Operator License- An operator license to allow 217 Riverside Avenue Merchants to operate an eating and
drinking establishment (restaurant) with late hours and a Type 47 (beer, wine, distilled spirits) Alcoholic Beverage
Control (ABC) license. All interested parties may submit written comments regarding the requested operator license
to Detective John Thulin at 870 Newport Center Drive, Newport Beach, California, 92660. Comments will be
accepted through Tuesday, June 24, 2014.
If Conditional Use Permit No. UP2013 -021 is not approved by the City Council, no action on Operator License No.
OL2013 -004 will be taken. For questions regarding details of the operator license please contact Makana Nova,
Assistant Planner, at (949) 644 -3249, mnova @newportbeachca.gov.
The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality
Act) Guidelines - Class 1 (Existing Facilities).
Project File No.: PA2013 -203
Zone: CG (Commercial General)
Location: 215 Riverside Avenue
Activity No.: UP2013 -021 and OL2013 -004
General Plan: CG (General Commercial)
Applicant: 217 Riverside Ave Merchants
���PORT
0 e
2 Leilani I. Brown, City Clerk
City of Newport Beach
CITY CLERK'S OFFICE
AFFIDAVIT OF POSTING
On &fyp V3 , 2014, 1 posted 2 Site Notices of the Notice of Public
Hearing and Notice of Police Department Decision regarding:
Nesai Restaurant — Nesai Operator License
(PA2013 -203)
Location(s) Posted:
"-15 Ave.
Date of City Council Public Hearing: June 24, 2014
Date of Chief of Police Department's Schedule Review: On or after Friday, June
30, 2014
Signature
Print Name, Title
Sold To:
City Of Newport -City Clerk's Office (Key) - C000064829
PO Box 1768
Newport Beach,CA 92658
Bill To:
City Of Newport -City Clerk's Office (Key) - C000064829
PO Box 1768
Newport Beach,CA 92658
CITY OF MEWMi BEACH
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2440711- Daily Pilot
Los Andes
It E D I A G
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF ILLINOIS
County of Cook
i i �
.3z s _
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not
a party to or interested in the action for
which the attached notice was published.
I am a principal clerk of the Daily Pilot,
which was adjudged a newspaper of general
circulation on January 14, 1938 and February 6, 1958 and June 19, 1952, Cases A6214 and A24831 for
the City of Costa Mesa, County of Orange,
and State of California. Attached to this
Affidavit is a true and complete copy as was
printed and published on the following
date(s):
Jun 14, 2014
I certify (or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and correct.
Dated at Chicago, Illinois
on this r �) day of J . 4—� 20 JI L41 .
[signature]
435 N. Michigan Ave.
Chicago, IL 60611
2440711- Daily Pilot