HomeMy WebLinkAbout12 - Panini Cafe Appeal - PA2007-063CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12-
November 27, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Rosalinh Ung, Associate Planner
(949) 644 -3208
rung @city.newport- beach.ca. us
SUBJECT: Panini Cafe Appeal
2421 E. Coast Highway
(PA2007 -063)
APPLICANT: Collection Investments Corona del Mar, Inc.
( Panini Hospitality Group)
ISSUE
Should the City Council uphold the decision of the Planning Commission approving the
operation of a full- service restaurant with alcoholic beverage service of beer and wine, an
outdoor dining area and an off -site parking agreement?
RECOMMENDATION
Staff recommends that the City Council conduct the public hearing and uphold and affirm the
decision of the Planning Commission by adopting the attached draft resolution (Attachment
A).
DISCUSSION
Planninq Commission Action
On September 20, 2007, the Planning Commission conducted the public hearing and voted
(6 ayes and 1 no) to approve the following discretionary approvals to allow the applicant to
operate a full- service restaurant at the subject property.
1. Use Permit No. 2007 -010 to operate a 3,820 square -foot, full- service, high turnover
eating and drinking establishment with a net public area of 640 square feet, and to allow
alcohol beverage service of beer and wine with a Type °41" ABC License (On -Sale Beer
and Wine Eating Place).
2. Accessory Outdoor Dining Permit No. 2007 -006 to allow the construction and
operation of a 160 square -foot outdoor dining area in conjunction with the proposed
full- service restaurant.
Panini Cafe Appeal
November 27, 2007
Page 2
3. Off -site Parking Agreement No. 2007 -001 to satisfy the off - street parking requirement
for the proposed restaurant utilizing the off -site property located at 7 Corporate Plaza.
After receiving public testimony, the Planning Commission determined that the applicant's
request is consistent with the General Plan designation and the vision for the Corona del Mar
area as it entails converting a former retail space into a neighborhood- serving eating and
drinking establishment. The Planning Commission further determined that the proposed outdoor
patio dining area is consistent with the pedestrian- oriented environment envisioned along the
Coast Highway street frontage. The outdoor dining area will be located in front of the existing
building and would not cause potential noise impacts or nuisance to the nearby residential uses.
The Planning Commission determined that the subject application is consistent with the General
Plan and Coastal Land Use Plan policies which require all new development to provide
adequate, convenient parking for residents, guests, business patrons, and visitors and to avoid
use of parking configurations or parking management programs that are difficult to maintain and
enforce. The Planning Commission determined that the parking ratio of 1 space per 40 square
feet of net public area is adequate for the proposed restaurant. With this parking ratio, the
required number of parking spaces is 16 spaces. The applicant proposes a total of 22 spaces:
12 spaces for patron parking within the property's existing parking garage with valet service and
10 spaces for employee parking located at 7 Corporate Plaza. The Planning Commission also
supported the applicant's request to increase the number of parking spaces within the garage
structure from 12 to 16 spaces based on testimony that the previous valet parking
arrangement in the garage could accommodate up to 17 spaces.
The Planning Commission acknowledged that the distance from the proposed restaurant to
the off -site parking lot could be problematic if restaurant employees use closer, on- street
parking. The Planning Commission noted that utilization of off -site employee parking spaces
is critical to avoiding patron parking shortages and negative traffic and parking impacts on
nearby residential streets. The Planning Commission also discussed the possibility that the
applicant could lose the off -site parking if the lease for these spaces is not continually
renewed by the property owner. The importance of an efficient valet parking operation was
noted as important in preventing traffic impacts in the adjacent alley during peak customer
hours. Conditions of approval Number 8, 9, 10, 11, 12, and 13 specifically address these
issues.
The Planning Commission reviewed petitions submitted by nearby residents expressing
concerns about over - concentration of restaurant uses and alcohol beverage licenses within the
immediate area and the "late- night" alcohol problems. The Planning Commission, however,
determined that the alcohol- related problems would not be a sufficient cause not to support the
application as the proposed restaurant closing hour would be at 10:00 p.m. Furthermore, there
would be no increase in ABC licenses in the immediate area as the applicant is requesting to
transfer the existing beer and wine license from the existing restaurant location to the subject
property.
The Planning Commission concluded that a significant proportion of the proposed
restaurant's patrons would walk to the location from the surrounding residential area with a
Panini Caf6 Appeal
November 27, 2007
Page 3
corresponding reduction in demand for on -site parking. The Planning Commission also
concluded that the on -site parking garage could accommodate sixteen (16) parking spaces.
A condition of approval requiring annual evaluation of the overall restaurant operation and the
continued utility of the approved on and off -site parking arrangements was included as the
appropriate means to minimizing impacts on nearby businesses and residences.
The Planning Commission resolution, staff report and minutes are attached as Attachments B
through D.
Environmental Review
This project has been reviewed, and it has been determined to be categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing
Facilities). The proposed interior improvements to accommodate the new restaurant are minor
in nature and are within the tenant space formerly occupied by a retail commercial use.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300
feet of the property and posted at the site a minimum of 10 days in advance of this hearing
consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this
meeting, which was posted at City Hall and on the city website.
Alternatives
The Council has the following options:
Modify any aspect of the Use Permit application.
2. Deny the Use Permit application.
Prepared by:
R salinh M. Ung
A sociate Planner
Submitted by:
Da 6 Lepo
Planning Director
Attachments: A. Draft City Council Resolution
B. Planning Commission Resolution No. 1732
C. Excerpt of the minutes from the September 20, 2007, Planning
Commission meeting
D. Planning Commission Staff Report from the September 20, 2007
E. Written public comments for City Council hearing
ATTACHMENT A.
DRAFT CITY COUNCIL
RESOLUTION
A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH UPHOLDING AND AFFIRMING THE DECISION OF THE
PLANNING COMMISSION'S APPROVAL OF USE PERMIT NO. 2007-
010, ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -001, AND
OFF -SITE PARKING AGREEMENT ON PROPERTY LOCATED AT 2421
COAST HIGHWAY (PA2007 -063)
WHEREAS, an application was filed by Collection Investments Corona del Mar,
Inc. with respect to property located at 2421 Coast Highway, and legally described as
Parcel 1 of Parcel Map filed in Book 68, page 8 of Parcel Maps Records of Orange
County, requesting a use permit approval to operate a 3,820 square -foot full- service, high
turnover eating and drinking establishment with a net public area of 640 square feet, and
to allow alcohol beverage service of beer and wine with a Type "41" ABC License (On-
Sale Beer and Wine Eating Place), an accessory outdoor dining permit approval to allow
the construction and operation of a 160 square -foot outdoor dining area in conjunction
with the proposed full - service restaurant, and an off -site parking agreement approval of
10 spaces to satisfy the off - street parking requirement for the proposed restaurant utilizing
the off -site property located at 7 Corporate Plaza; and
WHEREAS, on September 6, 2007, the Planning Commission held a noticed
hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach,
California at which time the project application was considered. Notice of time, place
and purpose of the public hearing was given in accordance with law and testimony was
presented to, and considered by, the Planning Commission at the hearing. The
Planning Commission with a vote of 6 ayes and one no approved the subject
application; and
WHEREAS, on November 27, 2007, the City Council held a noticed hearing in
the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California
at which time the review of the Planning Commission's approval was conducted.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Newport Beach hereby upholds and affirms the Planning Commission's approval of Use
Permit No. 2007 -010, Off -site Parking Agreement No. 2007 -001 and Accessory Outdoor
Dining Permit No. 2007 -006, set forth in Planning Commission Resolution No. 1732.
This resolution shall take effect immediately upon adoption. Passed and adopted by the
City Council of Newport Beach at a regular meeting held on November 27, 2007 by the
following vote to wit:
City of Newport Beach
Planning Commission Resolution No.
Paqe 2 of 2
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
6
ATTACHMENT B
PLANNING
COMMISSION
RESOLUTION NO. 1732
rAl
RESOLUTION NO. 1732
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -010,
ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -001, AND OFF -
SITE PARKING AGREEMENT ON PROPERTY LOCATED AT 2421
COAST HIGHWAY (PA2007 -063)
WHEREAS, an application was filed by Collection Investments Corona del Mar,
Inc. with respect to property located at 2421 Coast Highway, and legally described as
Parcel 1 of Parcel Map filed in Book 68, page 8 of Parcel Maps Records of Orange
County, requesting a Use Permit approval to operate a 3,820 square -foot full - service, high
turnover eating and drinking establishment with a net public area of 640 square feet, and
to allow alcohol beverage service of beer and wine with a Type "41" ABC License (On-
Sale Beer and Wine Eating Place); Accessory Outdoor Dining Permit approval to allow
the construction and operation of a 160 square -foot outdoor dining area in conjunction
with the proposed full - service restaurant; and Off -site Parking Agreement approval of 10
spaces to satisfy the off - street parking requirement for the proposed restaurant utilizing the
off -site property located at 7 Corporate Plaza; and
WHEREAS, on September 6, 2007, the Planning Commission held a noticed
hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach,
California at which time the project application was considered. Notice of time, place
and purpose of the public hearing was given in accordance with law and testimony was
presented to, and considered by, the Planning Commission at the hearing; and
WHEREAS, a use permit for the proposed restaurant has been prepared in
accordance with Section 20.91.035 of the Municipal Code based on the following
findings and facts in support of such findings:
1. Finding: That the proposed location of the use is in accord with the objectives of
this code and the purposes of the district in which the site is located.
Facts in Support of Finding: The subject property is located within the Retail Service
Commercial (RSC) Zoning District, which is intended to provide the Corona del Mar
area with commercial services for permanent residences and visitors of the area.
Restaurant uses are permitted within this designation with the approval of a use
permit. The operational characteristics and location of the proposed restaurant use
are such that it is a community serving use with some pedestrian oriented traffic.
The proposed restaurant is consistent with this designation.
In accordance with the requirements of Chapter 20.89, the location of the
proposed Alcoholic Beverage Outlet was considered with respect to issues of
public necessity and impacts to surrounding land uses. The use will provide a
public convenience by offering beer and wine sales to restaurant patrons. The
location of the use is considered appropriate given the fact that the site is not
located in close proximity to day care centers, schools or places of religious
assembly. In addition, the Police Department has reviewed the project and has
no objections to the location.
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City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 11
2. Finding: That the proposed location of the use permit and the proposed conditions
under which it would be operated or maintained will be consistent with the General
Plan and the purpose of the district in which the site is located; will not be
detrimental to the public health, safety, peace, morals, comfort, or welfare of
persons residing or working in or adjacent to the neighborhood of such use; and will
not be detrimental to the properties or improvements in the vicinity or to the general
welfare of the City.
Facts in Support of Finding: The proposed restaurant is consistent with the land use
designation of the General Plan and the Coastal Land Use Plan. All development
regulations of the RSC Zoning District would be met, including building setbacks,
structure height limitations and development limits. The restaurant has been
conditioned in such a manner to meet the intent of the Zoning Code regulations,
including any specific conditions required for the proposed restaurant and to
require strict adherence to safety and noise regulations.
In accordance with the requirements of Chapter 20.89, approval of the Alcoholic
Beverage Outlet is subject to the consideration of factors relating to over -
concentration of alcohol licenses, crime rates including numbers of alcohol
related crimes, and impacts to the surrounding community. Detailed analysis of
the ABC application is discussed below under the Alcoholic Beverage Outlet
Ordinance Section. The Police Department has reviewed the project and has
determined that the sale of beer and wine in conjunction with the proposed
restaurant will not result in an increase in alcohol - related crimes and will not
result in an over - concentration of alcoholic beverage outlets since the request is
to transfer the existing license from the existing restaurant to the subject location.
The proposed restaurant, including beer and wine sales, will not have a negative
impact on the surrounding community.
3. Finding: That the proposed use will comply with the provisions of this code,
including any speck condition required for the proposed use in the district in which
it would be located..
Facts in Support of Finding: The request to allow the operation of a restaurant
which includes the serving of alcoholic beverages on the premises and the
proposed conditions under which it would be operated or maintained, are
consistent with the General Plan and the purpose of the district in which the site
is located. The request is located within the existing building that is designated
and zoned for this commercial activity. The use has been. conditioned in such a
manner to minimize the impacts associated with it. The plan, as conditioned,
meets the design and development standards for eating and drinking
establishments.
In accordance with the requirements of Chapter 20.89, the project has been
conditioned to avoid potential negative impacts on the surrounding community.
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City of Newport Beach
Planning Commission Resolution No.
Page 3 of 11
WHEREAS, an off -site parking agreement for the 10 parking spaces located at 7
Corporate Plaza has been prepared in accordance with Section 20.66.080, Off - Street
Parking based on the following facts and findings in support of such findings:
1. Finding: Such lot is so located to be useful in connection with the proposed use
or uses on the site or sites.
Facts in Support of Finding: The off -site lot is located on the north side of Coast
Highway, west of Avocado Avenue. The applicant is proposing to utilize these
spaces for employee parking. No valet parking will be provided. The restaurant
employees will be given maps showing the location of the parking lot and will be
instructed to park at the proper location. Pedestrian access is afforded at the
signalized intersection at Avocado Avenue.
2. Finding: Parking on such lot will not create undue traffic hazards in the surrounding
area.
Facts in Support of Finding: The use of off -site parking lot will not create undue
traffic hazards in the surrounding area. The employees will be instructed to cross
Coast Highway at the pedestrian crossing at Avocado Avenue to and from the
off -site parking lot.
3. Parking is permanently available, marked, and maintained for the use it is intended
to serve.
Facts in Support of Finding: A 5 -year term parking agreement with a 5 -year renewal
option has been secured with the property owner of the off -site parking lot.
Documentation has been submitted by the property owner that the off -site parking
spaces have not been leased to any other business than the applicant. The
provision of 10 parking spaces in the off -site lot, and the recordation of the
agreement with the County Recorder's office are required to ensure the availability
of the spaces for the use.
WHEREAS, the following findings required for approval of an Accessory Outdoor
Dining Permit pursuant to Section 20.82.050 (B) of the Zoning Code:
1. Finding: That the proposed outdoor dining is accessory to the eating and drinking
establishment.
Facts in Support of Finding: The proposed outdoor dining area is accessory to the
proposed 3,820 square -foot restaurant. The restaurant's total net public area would
be 640 square feet. The applicant proposes to have an outdoor dining area of 160
square feet which is 25 percent of the net public area of the proposed restaurant
and thereby is consistent with Municipal Code Section 20.82.050 (A) that limits
accessory outdoor dining areas to 25 percent of the restaurant's interior net
public area, or 1,000 square feet, whichever is less.
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City of Newport Beach
Planning Commission Resolution No.
Page 4 of 11
2. Finding: The establishment, maintenance or operation of the accessory outdoor
dining will not, under the circumstances of the particular case, be detrimental to
the health, safety, peace, comfort and general welfare of persons residing or
working in the neighborhood or injurious to property or improvements in the area.
Facts in Support of Finding: The use is accessory to the proposed restaurant use
which would be subject to conditions of approval that includes limitations on
hours of operation and number of seating. The proposed location of the outdoor
dining area would not cause potential noise impacts to the nearby residential
uses.
3. Finding: That the proposed accessory outdoor dining will not be located so as to
result in reduction of existing parking spaces.
Facts in Support of Finding: The proposed outdoor dining area will be located in
front the existing building, adjacent to the public right -a -way along Coast Highway,
and thereby will not result in a reduction of the existing parking spaces located in
the parking garage. Section 20.82.050 (A) of the Municipal Code does not require
additional parking for accessory outdoor dining areas.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section
15301 (Existing Facilities). of the California Environmental Quality Act. The proposed
interior improvements to accommodate the new restaurant are minor in nature and are
within the.tenant space formerly occupied by a retail commercial use.
WHEREAS, the Planning Commission finds that judicial challenges to the City's
CEQA determinations and approvals of land use projects are costly and time
consuming. In addition, project opponents often seek an award of attorneys' fees in
such challenges. As project applicants are the primary beneficiaries of such approvals,
it is appropriate that such applicants should bear the expense of defending against any
such judicial challenge, and bear the responsibility for any costs, attorney's fees, and
damages which may be awarded to a successful challenger; and
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby
approves Use Permit No. 2007 -010, Off -site Parking Agreement No. 2007 -001 and
Accessory Outdoor Dining Permit No. 2007 -006, subject to Conditions of Approvals in
Exhibit "A" attached hereto and made part hereof.
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
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City of Newport Beach
Planning Commission Resolution No.
Page 5 of 11
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF SEPTEMBER 2007.
AYES: Eaton, Peotter, Cole, Hawkins.
McDaniel and Hillgren
NOES: Toeroe
BY: C. ��-
Robert Hawkins, Ch irman
l�
City of Newport Beach
Planning Commission Resolution No. _
Pane 6 of 11
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2007-010, OFF -SITE PARKING AGREEMENT NO. 2007 -001 &
ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -006
Conditions in bold - italics are project specific conditions. All others are standards
conditions.
Planning Department
The development shall be in substantial conformance with the site plan and
floor plan dated August 27, 2007.
2. The total net public area for the entire restaurant shall not exceed 640 square
feet and 36 seats.
3. The accessory outdoor dining area shall be limited to 160 sq. ft and 12 seats.
4. The hours of operation of the restaurant including the outdoor dining area
are limited to the hours of 7.00 a.m. to 10:00 p.m., daily.
5. The accessory outdoor dining area shall be used in conjunction with the
proposed full - service restaurant No special events, promotional activities,
private functions or private parties shall be allowed within the outdoor dining
area
6. No amplified music or entertainment is permitted in the outdoor dining
area. No outside paging system, loudspeaker or other noise generating
device shall be utilized in conjunction with this outdoor dining area.
7. Roof coverings over the outdoor dining area 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 Planning Director
and may require an amendment to this permit.
8. A total of 22 parking spaces: 12 on -site and 10 offsite shall be provided at
all times.
9. The 10 offsite parking spaces located at 7 Corporate Plaza shall be
designated and used for employee self - parking only. No patron parking shall
be allowed at any given time.
10. An off-site parking agreement, subject to the review and approval by the
City Attorney's office, shall be recorded. The agreement shall guarantee a
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City of Newport Beach
Planning Commission Resolution No.
Page 7 of 11
total of 10 off -street parking spaces located at 7 Corporate Plaza for the use
authorized on the subject property.
11. All parking in conjunction with the subject property shall be confined to the
parking areas over which the applicant, owner or operator has written
rights to park. If, in the opinion of the Planning Director or City Traffic
Engineer, the restaurant creates parking congestion at the sites, the
applicant shall immediately resolve the congestion problem by reducing
restaurant seating or increasing parking attendants or through other
means until the parking congestion is eliminated and parking is properly
managed. The Planning Director or City Traffic Engineer has the discretion
to require the preparation of a revised valet operation /parking management
plan.
12. The applicant or operator of the restaurant that approved off -site spaces to
satisfy the required parking shall immediately notify the Planning Director
of any change of ownership or use of the property where the spaces are
located, or of the property for which the spaces are required, and of any
termination or default of the agreement between the parties.
13. Upon notification that the agreement for the required off -site parking has
terminated, the Planning 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; or
b. The size or capacity of the restaurant use is reduced in proportion to
the parking spaces lost
14. No live entertainment or dancing shall be permitted in conjunction with the
permitted restaurant use.
15. Storage outside of the building in the front or at the rear of the property shall be
prohibited.
16. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. The noise generated by the existing use shall
comply with the provisions of Chapter 10.26 of the Municipal Code.
17. The Planning Commission may add to or modify conditions of approval to this
use permit, accessory outdoor dining permit, off -site parking agreement or
revoke these approvals upon a finding of failure to comply with the conditions set
forth in Chapter 20.82 of the Municipal Code or other applicable conditions and
regulations governing the food establishment. The Planning Commission may
also revoke these permits and agreement upon a determination that the
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City of Newport Beach
Planning Commission Resolution No. _
Page 8 of 11
operation which is the subject of this approval causes injury, or is detrimental to
the health, safety, peace, morals, comfort, or general welfare of the community.
18. These approvals shall expire unless exercised within 24 months from the end of
the appeal period as specified in Section 20.91.050 of the Newport Beach
Municipal Code.
19. A new trash enclosure with three masonry walls and a self - locking gate
shall be constructed. All trash shall be stored within water -tight trash
containers stored within the trash enclosure. The watertight trash
containers shall have a lid or top that remains closed at all times, except
when being loaded or while being collected by the refuse collection
agency.
20. The applicant shall maintain the watertight trash containers or receptacles so as to
control odors, which may include the provision of fully self- contained containers or
may include periodic steam cleaning of the containers, if deemed necessary by the
Planning Department.
21. The operator of the food service use shall be responsible for the clean up of all
on -site and off -site trash, garbage, and liter generated by the use. Employees of
the premises shall pick up trash from the ground of the trash enclosure on a daily
basis.
22. All deliveries shall be scheduled outside of peak operating hours of the use
so that all access will not be blocked. No deliveries shall be permitted
before 7.00 a.m. or after 6:00 p.m.
23. No temporary "sandwich" signs, balloons or similar temporary signs shall be
permitted, either on site or off -site, to advertise the proposed food establishment,
unless specifically permitted in accordance with the Sign Ordinance of the
Municipal Code. Temporary signs shall be prohibited in the public right -of -way,
unless otherwise approved by both the Public Works Department and Caltrans in
conjunction with the issuance of an encroachment permit or encroachment
agreement from each.
24. A covered wash -out area for refuse containers and kitchen equipment shall be
provided and maintained and the area drain directly into the sewer system, unless
otherwise approved by the Building Director and Public Works Director in
conjunction with the approval of an alternative drainage plan. Washing of refuse
containers or restaurant equipment shall be prohibited in the parking lot and public
alley.
25. The use of the rear entry door shall be prohibited between the hours of
77:00pm and 6:00am.
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Planning Commission Resolution No. _
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26. Any change in operational characteristics and /or hours of operation of the
restaurant, shall require amendment to this Use Permit or the processing of a
new Use Permit.
27. Should this business 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.
28. No audible paging system or speaker system shall be utilized any where on the
premises at any time.
29. 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.
30. Full menu food service shall be available for ordering at all times that the
restaurant establishment is open for business.
31. The alcoholic beverage outlet operator shall take reasonable steps to discourage
and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the alcoholic beverage outlet and adjacent
properties during business hours, if directly related to the patrons of the subject
alcoholic beverage outlet. If the operator fails to discourage or correct nuisances,
the Planning Commission may review, modify or revoke this Use Permit in
accordance with Chapter 20.96 of the Zoning Code.
32. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be a Type 41 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.
33. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of this restaurant business 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.
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City of Newport Beach
Planning Commission Resolution No. _
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34. Any event or activity staged by an outside promoter or entity, where the
restaurant 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, including minimum drink orders or sale of drinks is prohibited.
35. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the license.
36. No "happy hour" type of reduced price alcoholic beverage promotion shall be
allowed except when served in conjunction with food ordered from the full service
menu.
37. 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 that are clearly visible to the exterior shall constitute a violation of this
condition.
38. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of food and retail sales during the same period. The licensee shall maintain
records that reflect separately the gross sale of food and the gross sales of
alcoholic beverages of the licensed business. Said records shall be kept no less
frequently than on a quarterly basis and shall be made available to the
Department on demand.
39. The use permit approval does not perrnit the premises 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.
40. 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 sales of drinks.
41. A noticed twelve -month review by the Planning Commission, from the date
of commencement of the restaurant operation, shall be required. The
Planning Director shall have the discretion to call for an earlier review if
needed.
Public Works Department
42. The area outside of the food establishment, including the public sidewalks, shall
be maintained in a clean and orderly manner and may be subject to providing
periodic steam cleaning of the public sidewalks as required by the Public Works
Department.
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City of Newport Beach
Planning Commission Resolution No.
Page 11 of 11
41 The existing garage opening shall be maintained at 19 =9" to accommodate
two -way traffic into and out of the garage.
44. The clearance height shall be clear posted at the entrance to the parking
area above the opening.
45. The valet parking shall be provided during all business hours. The valet
operation shall be staffed in a manner to eliminate back up /storage of
vehicles on public property. No more than 16 vehicles shall be parked on
site at one time.
46. Valet signage shall not be placed within the public fight-of-way.
47. Valet drop -off, pick -up, and deliveries shall occur via the alley within the
subject property. Valet operations and deliveries shall not impact ingress
and egress to the adjacent commercial and residential properties. .
48. No portion of the accessory outdoor dining area including any patio
cover /awning shall extend into the public right-of-way.
49. The daily cleaning of the accessory outdoor dining area shall not be swept,
washed, or blown into the public right-of-way.
Building Department
50. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City -
adopted version of the California Building Code.
51. A grease interceptor shall be provided.
52. Structural analysis for the change of occupancy shall be required.
53. A van - accessible handicap parking space with an eight foot accessible
loading area shall be provided and maintained. The applicant shall
coordinate with the Building Department forADA compliance.
Fire Department
54. A 5 -year certification shall be required for the fire sprinkler system.
55. A Type 1 Hood and Kitchen Suppression System shall be required.
6
ATTACHMENT C
EXCERPT OF MINUTES
DATED
SEPTEMBER 20' 2007
M
Planning Commission Minutes 09/20/2007 Page 17 of 23
lot of integrity.
Peotter noted staff should follow -up with a possible ADA
an Hawkins noted his concern of the dispersal requirement of 1,000.
McDaniel and
Toerge
JBJECT: Panini Cafe (PA2007 -063) PA2007 -063
2421 E. Coast Highway
aquest to consider Use Permit No. 2007 -010 to allow the operation of a 3,820 Approved
luare -foot, full - service restaurant with a net public area of 640 square feet and to
low alcoholic beverage service Type "41° ABC License (On -Sale Beer and Win
ating Place). Request for Accessory Dining Permit No. 2007 -006 to allow the
>eration of a 160 square -foot outdoor dining area in conjunction with thel
oposed restaurant and an approval of Off -site Parking Agreement No. 2007 -001
justify the off - street parking requirement utilizing the off -site property located a
Corporate Plaza.
Ung gave an overview of the staff report and noted staff had received emai
the Commissioners and from the public, copies which have been mac
Toerge asked if there was a requirement for parking for a
. Alford answered that for a take -out service restaurant, the parking is o
ace for every 50 square feet plus one for each employee on duty. It also refs
the section of the Code that allows the Planning Commission to establish
ige for take -out service establishments from 1 space for each 30 -50 square r
blic area.
mer Hillgren asked about the crime rate notation. Ms. Ung made
to 17 %.
mmissioner Toerge noted if the restaurant is proposing to do both, take out
down, how do you reconcile both of them?
Alford answered that it gives you the latitude within that range from 30-
are feet of net public area and take into consideration the various aspects
operation such as the design characteristics of the number of tables and se
outdoor dining.
missioner Toerge clarified that it could be a determination of 1 per 40 squ
or 1 per 30 square feet, based on characteristics. The amount of a
ted for take -out might help us to assess whether 1 parking space for
re feet or 1 for 30 square feet which would increase the parking.
loner Eaton asked about the off -site parking spaces that if lost, then
has to find substitute parking or reduce the capacity in proportion to
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Planning Commission Minutes 09/20/2007
spaces lost. If the employee parking spaces are lost, how does
Ung answered that should the off -site parking be lost, the
nission or Director has the authority to re- evaluate their parking arra
to determine the appropriate ratio. Discussion continued of
I Edwards, representing Panini Cafe, distributed copies of his presentation ti
referred to during his discussion. He noted the applicant has read and agre
the staff report; however, questions Condition 19 regarding the construction
trash enclosure. He discussed the proposed street elevation compared to i
isting street elevation, proposed alley elevation compared to the existing al
oration, proposed dining area layout compared to the existing layout, restro
Alities comparisons, kitchen facilities comparisons, patio dining comparisoi
iployee parking plan, proposed valet management layout for 17 vehicles, a
erall vehicular circulation.
issy Farzine, real estate agent for Panini, noted she has reviewed the st
)ort, noted the number of support letters received and that this is not an openi
a new restaurant bar; it is about re- locating an existing cafe and eatery that h
an in business for many years. The busiest times for the restaurant are
turday and Sunday momings for breakfast and brunch service and is case
ling. Panini will not add any night life or congestion to the area; it is only looki
relocate to provide better service to its patrons. 31% of the restaurant patre
lk to the establishment. Panini is proposing on -site valet parking. She asked
pand the latitude of the parking ratio of 1 space to 50 square feet due to t
count of walk -in traffic and allow this relocation.
II Edwards noted condition 19 regarding the trash enclosure. We are prol
trash enclosure with. a locked door and a trash drop in the back of the k
Liel down into the trash receptacle. To have a lid would prevent the
>eration from functioning. It is a water -tight enclosure.
agreed.
iissioner Eaton noted his concern of the off -site employee parking that
distant from the site. Is there a way to oversee this parking? Would y(
to a condition of approval for a review of the operation in six months or
Edwards agreed to the additional condition for review and the employees 1
signing an agreement regarding parking off -site at 7 Corporate Plaza. The
be a method of electronic enforcement as well. He requested condition 44
act 16 vehicles parked on site in the parking garage.
.. Tony Brine noted the only plan he could approve was the one with 12 cars it
garage. The applicant has now submitted another plan with angled parkins
aces and different turning movements that staff cannot support as there is not
equate turning radius provided. The original plan with 12 vehicles in the garage
the only one we could approve. He added that using the van accessible loadin<
=a as a hammerhead turnaround is not acceptable.
on the valet parking, turning radius, not using the van stripped
Page 18 of 23
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Planning Commission Minutes 09/20/2007
add up to 16 vehicles, parallel spaces, operation of ingress and egress.
comment was opened.
n Morgan, local resident, noted the parking is problematic even with the walk -ii
cipated. He presented a hand -out and made reference to it during his speech.
noted the several restaurants using the alley, parking and the use of on -stree
cing. He ended saying this relocation will only add to the already congeste4
cing, egress and ingress in the alley.
-k Keefer of Ameripark West, noted he parked the cars in the garage for t
ious tenant. He noted SUV's cannot be parked in this garage. This is
ing garage, not a valet operation inside a parking garage. In order to ma
happen you would have to queue the cars outside the garage. Stacking c-�
ide would block all the alley traffic. He noted the problems with cars comi
going, turning radius and parking. At Commission inquiry, he noted I
pany operates the valet parking for the Bungalow.
McDaniel asked how wide and long the proposed 16 -s
are. He was answered they are a little over 9 feet and are not
pliant.
Crespin, representing 29 homeowners south of the block on Acacia, Carne
Begonia Avenues, distributed petitions signed in opposition to this propc
act due to the traffic and congestion. The argument that there is parking sF
that there will be no congestion arising from this is specious because you
ing facts that are not accurate. You have received information contrary to
�rtion. Customers do not always accept valet parking and will park themse
�rever they can find a space. She noted the problems with the large to
zed in the alleyway servicing the restaurants and asked that this be considi
ng the deliberation.
Lorenz, local resident noted there will be four restaurants on one corner, th
ABC licenses and a new one that will be operating from morning until I
ing. That impacts all the other retail uses and the people who occupy
buildings. This building was built as a retail use and will require extent
idel. He urged that this project not be allowed.
De Carton, appearing on behalf of the Bungalow noted this restaurant
ut 50% larger than the Bungalow and has 50% less parking in total if y(
ide the fact that people will be parking a substantial distance away and walkii
)ss Coast Highway. A real issue is that the Bungalow is on a private alley al
parking belongs to Bungalow and Golden Spoon. Access is off Carnation or
Bungalow lot and there will be no way to differentiate the customers. There
agreement for Bungalow to park Panini traffic. Stacking is an issue.
nmission inquiry he noted that the Bungalow is 2,900 square feet with
sired parking of 40 spaces. They have 44 spaces. Discussion continued
parking.
Nichols, local resident, noted this is the worst parking area in the City.
,osed employee parking is not practical. This building is a dry goods store
you are making a restaurant out of it. This is not an appropriate or prac
for this building.
Page 19 of 23
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Planning Commission Minutes 09/20/2007
Berry, owner of the property of the Bungalow and Golden Spoon, presented
ram depicting the proposed traffic flow of potential Panini customers. It will n
and is not a practical plan.
n Walker, owner and operator of the Bungalow restaurant, noted the propose
iilding design is spectacular and the frontage will be an improvement from wh
there currently. His concern is the parking. He currently has 44 spaces for h
staurant and another 30 spaces he uses on Wednesday, Thursday, Friday at
durday nights. He noted that all the restaurants within that community are ope
r dinner and that is when the traffic issues begin. This proposed building th
is a low demand parking requirement and that generally closed at 5 or 6 in t1
,ening will now become a restaurant with evening hours and will cause traf
ingestion in this small tight alleyway. He noted he has tried to coordina
rliveries; however, you can not dictate to any supplier what time they are going.
:liver. They determine that based on their load, traffic conditions, etc. I respe
e intent, but the reality is it doesn't work that way. The delivery trucks in 0
eyway do block it as the alley is narrow. This is not a good use of the proper
rd will make conditions worse.
rk Susson, local resident, noted the issue is parking and questioned whether
you fit the requisite number of cars in that garage. If there is enough room,
it. If not, then you will have to figure something out.
comment was closed.
mmissioner Cole asked the reason for using the 1 per 40 square feet or 1
square feet.
Lepo answered that is determined by what traditionally has been used I
taurant with some take out and sit down service. This is a convention that
sn historically used. Compared to other restaurants, it would depend on
permits and when they were approved.
mmissioner Toerge noted Panini is a successful restaurant. An approved L
rmit runs with the land. As land planners we need to assure that any busing
restaurant that wants to improve itself is not done so at the expense of resides
other businesses in the area. If the commercial application can contain
pact on site, then it gains support. To the degree the impacts generate
rers, we need to address that.
is a very limited area in back of those restaurants. Any business that locat
:re is going to have deliveries. Our Code requires that convenient parking
ovided for residents, guests and patrons. It should not be difficult to mainta
sative off -site parking nor should it be difficult to enforce. There is no location
is plan for off -site queuing of cars while working the valet operation. I avoid va
irking as much as 1 can and I usually park on the street because I want to I
ire that some young man is not driving my car. The issue of walk -in patrons
gical. The proposed employee parking is a quarter mile away. The agreeme
th the employees will be difficult to manage. Our Code requires that off -s
irking agreements have to be permanent in nature. Five years with a five -ye
rtion is not permanent and the last thing I want to do is to tell Panini's they he
cut their service because they've lost parking. The amount of investme
:eded in this building to make it work is substantial and to me it puts too mu
assure on the City to have to compromise the operation due to this potential to
Page 20 of 23
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Planning Commission Minutes 09/20/2007
parking which is clearly not permanent as our Code requires.
appropriateness of using an Accessory Outdoor Dining Permit for a no
ablishment is contrary to the intent, which was to allow existing restaurants
)and its floor area up to 25% of its public area not to exceed 1,000 square fe
hout providing any parking. That policy was created in the early '90's wh
oking was banned in restaurants, in order to help the complaining restaurat
t were struggling because they lost clientele. This permit was an effort to he
sting restaurants that already met the parking requirement to take advantage
ne areas that does not impact parking but allow them to use the outdoor dini
ias. The Code clearly says it is to be used for existing restaurants. Wher
N application is going to great expense to remove walls, roofs and floor area ji
create outdoor dining for which they do not have to provide parking, this
ingenuous and not consistent with the code.
Code states roof coverings shall not have the affect of creating a
)sure. This area is already enclosed and covered.
Edwards noted they are pulling back the building mass and there will be on
ings over this area with heaters.
ssioner Toerge noted a couple of restaurants have used this Code in t
certainly don't think it is appropriate to encourage this kind of creation
- space in an effort to not provide parking. For all these reasons and i
on the area, I cannot support this proposal.
Mon was made by Commissioner Peotter and seconded by Commissioner
approve Use Permit 2007 -010, Accessory Outdoor Dining Permit No. 2004
J Off -site Parking Agreement No. 2007 -001 with the modification to Con
changing the parking number from 12 to 16.
ioner Eaton asked for an additional condition for an annual review by
Commission.
discussion on a parking management plan and the benefit of a
was agreed to add this new condition.
missioner Eaton noted the issues raised in the petition about concentration
tyrants and liquor and I don't think those are critical to this issue. There cot
be a concentration but that is not a reason to vote against this. If there c
night liquor problems in the neighborhood, I don't think it is from tl
3lishment as they close at 10. The overall parking is an issue. He not
oyee parking is critical, valet operation is key, the amount of walk
mage makes a difference, the amount of the garage vehicle parking increa
the annual review of the operation. He added that this can be operat
onably well if they are diligent in their responsibility to do so.
Ung requested the deletion of Condition 46 as it is no longer applicable to
ication.
r. Edwards, on behalf of the applicant, accepts the revisions to the conditions
Page 21 of 23
Ayes: I Eaton, Peotter, Cole, Hawkins, McDaniel and Hillgren
(Noes: Toerge
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Planning Commission Minutes 09/20/2007
Page 22 of 23
ecused: I None
OBJECT: Knight Appeal (PA2007 -137)
ITEM NO. 5
312 Hazel Drive
PA2007 -112
An appeal by Diane Knight of the Planning Director's interpretation regarding the
Continued to
pplication of a development stringline (setback) determined pursuant to General
10/04/2007
Plan Natural Resources Element Policy NR 23.6 to property located at 312 Hazel
Drive.
This item was continued to October 4, 2007 at the request of the appellant.
Motion was made by Commissioner Toerge and seconded by Commissioner
Peotter to continue this item to
yes:
Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren
Noes:
None
ecused:
None
OBJECT: Special November Meeting of the Planning Commission.
Discussion Item
Only
r. Lepo requested that the discussion item regarding a special November
eeting of the Planning Commission at the request of Hoag Hospital be
onsidered prior to the agenda items. It was agreed.
Approved
r. Lepo noted staff would accommodate both the Planning Commission and
Hoag and suggested that the meeting for November 8th be cancelled and hold a
eeting on November 15th.
Motion was made by Commissioner Toerge and seconded by Commissioner Col
o cancel the November 8th meeting and to hold a meeting on November 15th for
he Hoag Health Center CUP.
Ayes:
Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren
Noes:
None
Recused:
None
ADDITIONAL BUSINESS:
ADDITIONAL
BUSINESS
City Council Follow -up
Mr. Lepo stated that at the last Council meeting the Code
Amendments on mechanical screening on rooftops and ground, and
the Development Agreement for Pacific View Memorial Park were
approved.
b. Resort from Planning Commission's representative to the Economic
Development Committee
Chairman Hawkins reported that the Public Works Director gave a
presentation on the Capital Improvement projects.
Report from the Planning Commission's representative to the
General Plan /Local Coastal Program Implementation Committee
Commissioner Eaton reported that there was a discussion on fair
http: / /www. city.newport- beach. ca .us /Plr Agendas/nlnO9- 20- 07.htm 10/15/2007 %�
ATTACHMENT D
PLANNING
COMMISSION STAFF
REPORT
SEPTEMBER 20, 2007
afz
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 20, 2007 Meeting
Agenda Item No. 4
SUBJECT: Panini Caf6 (PA2007 -063)
2421 E. Coast Highway
• Use Permit No. 2007 -010
Accessory Outdoor Dining Permit No. 2007 -006
Off -site Parking Agreement No. 2007 -001
APPLICANT: Collection Investments Corona del Mar, Inc.
( Panini Hospitality Group)
PLANNER: Rosalinh Ung, Associate Planner
(949) 644 -3208, rung(&citv.newport- beach.ca.us
PROJECT SUMMARY
The project consists of the operation of a full - service restaurant, with alcoholic beverage
service of beer and wine, an outdoor dining area and an off -site parking agreement
request. The following discretionary approvals are requested or required in order to
implement the project as proposed:
1. Use Permit approval to operate a 3,820 square -foot full - service, high turnover
eating and drinking establishment with a net public area of 640 square feet, and to
allow alcohol beverage service of beer and wine with a Type "41" ABC License
(On -Sale Beer and Wine Eating Place).
2. Accessory Outdoor Dining Permit approval to allow the construction and
operation of a 160 square -foot outdoor dining area in conjunction with the
proposed full - service restaurant.
3. Off -site Parking Agreement approval to satisfy the off - street parking requirement
for the proposed restaurant utilizing the off -site property located at 7 Corporate
Plaza.
RECOMMENDATION
Staff recommends that the Planning Commission take public testimony and determine
appropriate action. Should the Planning Commission choose to approve the project, a
draft resolution of approval with the appropriate findings and conditions is attached as
Exhibit 1. Should the Planning Commission choose to deny the project, a draft
resolution for denial will be prepared and presented to the Planning Commission at the
following meeting for adoption.
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VICINITY MAP
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Panini Cafe
September 20, 2007
Page 2 of 18
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THIS PAGE
LEFT BLANK
INTENTIONALLY
Panini Cafe
September 20, 2007
Page 3 of 18
GENERAL PLAN
ZONING
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CG
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ell
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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
Corridor Commercial
Retail Service
Former carpet store - vacant
CC 0.75
Commercial RSC
General Commercial
NORTH
(CG) and Single Unit
PC - 27(Point Del Mar)
Shopping Center /MacArthur Blvd. /Single-
Residential Detached
family Residential
RS -D
SOUTH
Two Family Residential
Two - family
Single & Multiple -unit residential across alley
RT
Residential R -2
EAST
Corridor Commercial
Retail Service
Retail commercial and office developments
CC 0.75
Commercial RSC
WEST
Corridor Commercial
Retail Service
Retail commercial and office developments
CC 0.75
Commercial RSC
THIS PAGE
LEFT BLANK
INTENTIONALLY
I 3
Panini Cafe
September 20, 2007
Page 4 of 18
PROJECT INTRODUCTION
Proiect Settinq
The subject property is located on the south side of Coast Highway, at the intersection
of MacArthur Boulevard in Corona del Mar and presently improved with an existing
3,651 square -foot building. The subject property is situated in the middle of a
commercial retail block that is currently occupied by the Bungalow Restaurant, Golden
Spoon Yogurt Shop; Rothschild's Restaurant and several other retail and office uses.
Proiect Description
The applicant is proposing to convert the existing retail space to a full - service restaurant
by demolishing the existing 620 square -foot mezzanine and enclosing the existing deck
area located to the rear of the main floor. The overall gross floor area of the building
would be increased by 169 square feet, from 3,651 to 3,820 square feet. New kitchen
facilities would be installed that include food preparation, storage areas, and walk -in
coolers. Handicapped accessible restrooms and an elevator would also be provided.
The proposed 160 square -foot outdoor dining area will be situated at the front of the
restaurant, facing Coast Highway and covered by an awning. The proposed floor plan
depicts a layout of a total of 48 seats for the proposed restaurant: 36 seats for the
inside dining area and 12 seats for the outdoor dining area.
The proposed hours of operation are 7:00 a.m. to 10:00 p.m., seven days a week. The
applicant states that there will be no dancing or live entertainment.
The applicant indicates that the opening and closing shifts will utilize 5 employees and a
maximum of 10 employees during the busiest hours.
Delivery to the proposed restaurant will be limited to the hours of 9:00 a.m. to 11:00
a.m. and 2:00 p.m. to 4:00 p.m., according to the applicant.
The overall project description is attached to the staff report as Exhibit 2. The proposed
parking/traffic management plan is attached as Exhibit 3.
The existing parking garage at the subject site has access to an alley located to the rear
of the building. This existing alley serves the site and the neighboring retail commercial
and residential properties. The applicant has submitted three tandem parking
arrangement options within the existing parking garage (Exhibits B, C, and F attached
to the Parking/Traffic Management Plan) for Planning Commission consideration.
Exhibit B depicts a 12 -space arrangement; Exhibit C depicts a 16 -space arrangement;
and Exhibit F depicts a 17 -space arrangement. The applicant also submitted a parking
diagram showing the pre- existing parking arrangement of 17 spaces that was utilized by
Panini Cafe
September 20, 2007
Page 5 of 18
the former retail tenants (Exhibits D & F). Exhibit G shows the off -site parking location,
employee vehicle and pedestrian paths of travel.
In addition to the on -site parking provision, the applicant proposes to provide 10 parking
spaces located in a parking garage below the existing office building at 7 Corporate
Plaza for employee parking. Complimentary valet parking for restaurant patrons during
regular operating hours, and for off -site employee parking is proposed. The applicant
also submitted a parking /traffic management plan to address required parking, traffic
circulation, the valet parking operation, and delivery scheduling.
Background
The property is presently improved with a 3,651 square -foot, tri -level building which
consists of a main floor, a mezzanine level above the main floor and an 11 -space
parking garage below the main floor. The building has been occupied by a retail carpet
store, "Orient Handel" for many years. The Bungalow Restaurant (formerly Hemingways
Restaurant) had an off -site parking agreement with the former owner of the carpet store
since 1981 for the use of the parking garage. This agreement expired August 2006
(Exhibit 4). The carpet store closed its business in July 2007. The building is now
vacant under the applicant's ownership and free from any off -site parking obligations.
DISCUSSION
Analysis
General Plan — Land Use Element
The Land Use Element of the General Plan designates the subject property as Corridor
Commercial (CC) with maximum floor area ratio of 0.75 (CC 0.75). The CC designation is
intended to provide a range of neighborhood - serving retail and service uses along street
frontages that are located and. designed to foster pedestrian activity. The Land Use
Element also calls for sustaining the Corona del Mar commercial corridor as a pedestrian -
oriented retail village that serves surrounding neighborhoods. Restaurants are identified
as one of the area's primary uses.
The applicants request is consistent with this designation and the vision for the area, as it
entails converting a former retail space into an eating and drinking establishment that is
neighborhood - serving. The conversion of tenant space from retail use to an eating and
drinking establishment would result in a slight increase in the floor area by 169 square
feet. The increase in floor area would not exceed the maximum 0.75 FAR or 3,967
square -foot allowance for the subject property as the proposed floor area is 3,820 square
feet. The proposed outdoor patio dining area is consistent with the pedestrian- oriented
environment envisioned along the Coast Highway street frontage. The proposed project
is, therefore, consistent with these policies.
Panini Cafe
September 20, 2007
Page 6 of 18
General Plan — Circulation Element
The City's Circulation Element encourages an efficiently operated parking system through
the adoption of parking management programs for areas with inadequate parking, such
as Corona del Mar. The development of public parking lots or structures, street parking
permitting, valet programs, and similar techniques may be considered. In recognition of
the need for additional parking in this area, and to comply with this policy, the City
Economic Development Division is in the process of conducting a parking feasibility study
with the assistance from a professional consultant firm.
To satisfy the required parking for the proposed restaurant, the applicant is proposing a
parking management program through the use of tandem parking with valet parking
arrangement at the subject property, and off -site parking for their employees at the
nearby office complex.
Coastal Land Use Plan
The City's Local Coastal Land Use Plan (CLUP) designates the subject property as
General Commercial General (CG) with a maximum floor area ratio of 0.50 to 0.75. The
CG designation is intended to provide for a wide range of commercial activities oriented
primarily to serve citywide or regional needs. The applicant's request to convert a former
retail space into an eating and drinking establishment is consistent with this designation.
The Circulation Element of the General Plan and the Coast Land Use Plan have similar
policies relating to parking. As the applicant is requesting approvals for on -site tandem
parking with valet services and off -site arrangement to satisfy the required parking for the
proposed restaurant, policies relating to parking must also be considered.
They are as follows:
CE 7.1.1 Required Parking: Require that new development provide adequate,
convenient parking for residents, guests, business patrons, and visitors.
CE 7.1.8 Parking Configuration: Site and design new development to avoid use of
.parking configurations or parking management programs that are difficult to maintain and
enforce.
CLUP 2.9.3 -1. Site and design new development to avoid use of parking
configurations or parking management programs that are difficult to maintain and enforce.
CLUP 2.9.3 -8. Continue to require properties with nonconforming parking to provide
code - required off - street parking when new uses, alterations or additions result in
increased parking demand.
3 `�
Panini Cafe
September 20, 2007
Page 7 of 18
These policies are discussed under the Parking /Circulation Section.
Zoning Code
Chapter 20.82.040 of the Municipal Code contains development standards for
restaurants, bars, and cocktail lounges as outlined below to ensure that any proposed
development will be compatible with adjoining properties and streets. The development
standards include specific requirements for site requirements, building setbacks,
parking and traffic circulation, walls surrounding the restaurant site, landscaping,
exterior illumination, underground utilities, and supply and refuse storage. Section
20.82.040.D of the Municipal Code states that any of the above- mentioned
development standards for restaurants may be modified or waived if strict compliance
with the standard is not necessary to achieve the purpose or intent of the standard.
Development Standards
REQUIREMENT
PROPOSED
Site:
Site shall be of sufficient size and configuration to
Does not Comply. The site is 5.289 square feet in size
satisfy all requirements for off - street parking,
and is improved with a 3,651 square foot tri -level
setbacks, curb cuts, walls, landscaping and refuse
commercial building. The existing parking garage does
storage as provided by Section 20.82.040 of the
not meet the current parking configurations.
Municipal Code.
Setbacks
The City may establish more restrictive setbacks if it is
Complies. The building complies with the current
determined that it is necessary or desirable for the
setback requirements. More restrictive setbacks are not
protection of the public health, safety or welfare or to
need to protect the public health, safety or welfare.
insure the compatibility of uses on contiguous
Properties.
ON- street
Off- street parking in accordance with the provisions of
Complies. The site is presently improved with a parking
Parking.
Chapter 20.66 of the Municipal Code
garage. A total of 16 parking spaces are required for the
restaurant use. The applicant is proposing a tandem
parking arrangement of 12 spaces, at a minimum, with a
valet parking arrangement at the subject property and
requesting an off -site parking agreement of 10 spaces
for employee parking at 7 Corporate Plaza, for a total of
22 parking spaces to be used for the proposed
restaurant.
Clrcula6on:
Parking areas and driveways shall be arranged so that
Complies. The existing on -site parking garage and off -
a free flow of vehicular traffic and adequate site
site lot have been reviewed and approved by the City
clearances are permitted at all times. If the Traffic
Traffic Engineer. Potential circulation problems during
Engineer determines that there is a need to
peak activity times may occur within the parking garage
accommodate vehicles waiting for service, a reservoir
and along the alley during peak business hours. An
parking area for standing vehicles shall be provided in
approved parking/traffic management plan should
additional to the other required parking and driveway
address this issue.
area.
Walls:
A solid masonry wall 6 feet high shall be erected on all
Not Applicable. There are existing commercial buildings
interior property lines of the subject property . Walls 3
located on both interior property lines so the requirement
feet in height shall be erected between the on-site
for walls at 6 feet in height is not necessary for this
parking areas and the public right -of -way.
application. The parking garage is located below the
main retail floor with an access opening to an existing
alley. There is no need for a 3 -foot high separation wall
between the on -site parking areas and the public right-of-
way.
Landscaping:
10% of entire site, 3 -foot wide landscape area shall be
Not Applicable. The existing building was built within
provided to screen the parking area from the public
the allowable building setbacks with a parking garage
right -of -way. A 3 -foot wide landscape area adjacent
structure beneath. Landscape screening of the parking
to the interior property lines shall be provided.
area is not necessary.
Parini Cafe
September 20, 2007
Page 8 of 18
Parking /Circulation
The parking standard for restaurants specified by the Municipal Code is 1 parking space
for each 30 to 50 square feet of net public area. Net public area is defined as the total
area of eating and drinking establishment, excluding kitchens, restrooms, offices
pertaining to the use only, and storage areas. The specific ratio applied is based on the
operational characteristics of the establishment. Given the restaurant's operational
characteristics as a full - service, high turnover establishment, serving primarily
sandwiches, soups, and salads without live entertainment or dancing, a shorter dining
experience and high patron turnover is expected. Staff believes a parking ratio of 1 space
per 40 square feet of net public area is appropriate. Using this calculation, the required
number of parking spaces required for the restaurant is 16 spaces (640 sq. ft. of net
public area / 40). The applicant proposes a total of 22 spaces as follow:
On -site Parking
The existing parking garage is proposed to be valet - parked for the restaurant patrons in
a tandem configuration. As mentioned earlier, the applicant is proposing several
different parking arrangements to yield as much on -site parking as possible. Because of
the pre- existing nonconforming condition of the subject property, the use of tandem
parking is the only way to maximize the number of off - street parking spaces within the
existing parking garage structure. Exhibit B yields a total of 12 spaces. This parking
arrangement has been reviewed and approved by the City Traffic Engineer as it
complies with the handicapped parking and access requirements and complies with the
Traffic Engineer Division's parking policy of "move one car to get one car ".
The Traffic Engineer could not support the other parking arrangements as shown on
Exhibits C nor F because these plans show vehicles parked parallel along the wall
across from the striped stalls. These parking arrangements do not allow a sufficient
turning radius for vehicles exiting the parking stalls. Exhibit C shows a vehicular turn-
around area within the handicapped loading zone.
With regard to Exhibits D and E, which are described as a "Pre- Existing Valet
Management Plan ", it should be noted that this "valet" operation was not approved by
the City. While the parking shown in Exhibit E may have occurred in the past, the
parking layout cannot be approved for the previously stated reasons. Also, according to
4
REQUIREMENT
PROPOSED
Lighting:
Parking lot and site illumination height and intensity: to
Complies. The existing parking garage has adequate
minimize the reflection of lights to the streets and
lighting and does not create problems with glare onto
neighboring properties.
surrounding properties. No additional lighting is proposed
for the subject site.
Utilities
All utilities required to be under grounded.
Complies. Utilities are currently underground, serving
the subject property.
sqqpI y Storage
Supply storage to be contained within a building.
Complies. No outdoor storage of supplies is proposed.
Refuse Storage
Refuse storage outside of a building shall be hidden
Complies. A new trash enclosure is being proposed to
from view by a solid masonry wall 6 feet in height with
accommodate the proposed restaurant.
self-locking gates.
Parking /Circulation
The parking standard for restaurants specified by the Municipal Code is 1 parking space
for each 30 to 50 square feet of net public area. Net public area is defined as the total
area of eating and drinking establishment, excluding kitchens, restrooms, offices
pertaining to the use only, and storage areas. The specific ratio applied is based on the
operational characteristics of the establishment. Given the restaurant's operational
characteristics as a full - service, high turnover establishment, serving primarily
sandwiches, soups, and salads without live entertainment or dancing, a shorter dining
experience and high patron turnover is expected. Staff believes a parking ratio of 1 space
per 40 square feet of net public area is appropriate. Using this calculation, the required
number of parking spaces required for the restaurant is 16 spaces (640 sq. ft. of net
public area / 40). The applicant proposes a total of 22 spaces as follow:
On -site Parking
The existing parking garage is proposed to be valet - parked for the restaurant patrons in
a tandem configuration. As mentioned earlier, the applicant is proposing several
different parking arrangements to yield as much on -site parking as possible. Because of
the pre- existing nonconforming condition of the subject property, the use of tandem
parking is the only way to maximize the number of off - street parking spaces within the
existing parking garage structure. Exhibit B yields a total of 12 spaces. This parking
arrangement has been reviewed and approved by the City Traffic Engineer as it
complies with the handicapped parking and access requirements and complies with the
Traffic Engineer Division's parking policy of "move one car to get one car ".
The Traffic Engineer could not support the other parking arrangements as shown on
Exhibits C nor F because these plans show vehicles parked parallel along the wall
across from the striped stalls. These parking arrangements do not allow a sufficient
turning radius for vehicles exiting the parking stalls. Exhibit C shows a vehicular turn-
around area within the handicapped loading zone.
With regard to Exhibits D and E, which are described as a "Pre- Existing Valet
Management Plan ", it should be noted that this "valet" operation was not approved by
the City. While the parking shown in Exhibit E may have occurred in the past, the
parking layout cannot be approved for the previously stated reasons. Also, according to
4
Panini Cafe
September 20, 2007
Page 9 of 18
Exhibit D, there is no handicapped stall provided in the pre- existing plan. Staff,
therefore, could only support the valet parking arrangement of 12 spaces as shown on
Exhibit B.
Off -site Parking
The applicant has secured 10 off -site parking spaces, located at 7 Corporate Plaza to
be designated as employee parking. No patron parking with or without valet service
would be allowed at this off -site location. This provision is to alleviate potential on -site
patron parking shortage and negative traffic impact to the subject property, and providing
reassurance that their employees would park their vehicles in a designated area and not
along the nearby residential streets. The applicant proposes to provide complimentary
parking to its employees. This request could not be supported by the City Traffic
Engineer due to the safety concerns of having parking attendants and vehicles moving
back and forth across the busy Coast Highway. Furthermore, the provision of valet
parking at an off -site location may create an enforcement issue in the future should the
applicant use this off -site location for patron parking instead.
Circulation
Vehicular access to and from the restaurant's parking garage is from the existing alley
located in the rear of the subject property. The proposed location of valet drop -off and
pick -up will be located near the entrance to the existing parking garage. Staff has
concerns with the functionality of the proposed valet parking operation due to close
proximity to the garage entry way. Traffic entering and exiting the parking garage by the
patrons could result in cars queuing along the alley, while waiting for valet parking
services. The circulation conflicts may happen during peak activity times along the alley
that is already impacted by the nearby businesses. This can create a traffic hazard and
negatively impact traffic movement along the alley. The applicant has submitted a
parkingttraffic management plan describing the functional characteristics of the valet
operation and traffic circulation to mitigate these concerns. The Traffic Engineer has
reviewed and approved the plan with conditions.
In summary, the provisions of a 12 -space tandem parking arrangement in the existing
garage for the restaurant patrons marked as Exhibit B with valet services and 10 off -site
parking spaces for employee self -park are most realistic and the most efficient
arrangements compared with other proposals.
Staff Concerns
The submitted application and plans have illustrated that there will be adequate parking
for the proposed restaurant. Staff, however, is concerned that the subject site does not
have the required number of on -site parking for the proposed restaurant. Because of
this shortage, different parking variations are being proposed which may be
problematic, compounded by the fact that vehicular access to and from the restaurant is
�_Z
31
Panini Cafe
September 20, 2007
Page 10 of 18
through an already congested alley. The level of traffic sent to the alley from the
restaurant patrons and associated deliveries coupled with the proposed valet service
next to the garage entrance is also a concern. The nearby residents have expressed
on -going concerns of the encroachment of commercial parking within the residential
areas. The off -site parking arrangement may become an issue in the later years when
the terms expire and these parking spaces are no longer available. The finding of an
alternative off -site parking location may become a difficult task as the parking
availability in the Corona del Mar area is very limited.
The Planning Commission must make a determination whether the subject application is
consistent with the latest General Plan and Coastal Land Use Plan policies related to the
parking provisions. These policies specifically require all new development to provide
adequate, convenient parking for residents, guests, business patrons, and visitors; and to
avoid use of parking configurations or parking management programs that are difficult to
maintain and enforce. These policies require properties with nonconforming parking to
provide code- required off - street parking when new uses, alterations or additions result in
increased parking demand. The parking management plan for the proposed restaurant
may be proven to be viable at this time but it may be difficult to maintain and enforce.
Other similar restaurant establishments within the Corona del Mar have similar valet
and/or off -site parking arrangements. The Zinc Cafe is the most recent application that
the Planning Commission considered and approved within the Corona del Mar area.
Zinc Cafe has adhered to their conditions of approval; the restaurant has provided
adequate parking both on -site parking for their patrons and off -site parking for their
employees, orderly traffic movement to and from the restaurant and have not become a
nuisance to the neighborhood. On the other hand, the Commission recently reviewed a
status report for the Corona del Mar Albertson's regarding complaints about employee
parking on residential streets and deliveries at times not permitted by the use permit.
General Use Permit Findings
Section 20.91.035(A) of the Zoning Code requires the Planning Commission to make
certain mandatory findings for the approval of a use permit. These findings are listed and
discussed below.
1. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
The subject property is located within the Retail Service Commercial (RSC) Zoning
District, which is intended to provide the Corona del Mar area with commercial services
for permanent residences and visitors of the area. Restaurant uses are permitted within
this designation with the approval of a use permit. The operational characteristics and
location of the proposed restaurant use are such that it is a community serving use with
some pedestrian oriented traffic. The proposed restaurant is consistent with this
designation.
3�
Panini Cafe
September 20, 2007
Page 11 of 18
In accordance with the requirements of Chapter 20.89, the location of the proposed
Alcoholic Beverage Outlet was considered with respect to issues of public necessity
and impacts to surrounding land uses. The use will provide a public convenience by
offering beer and wine sales to restaurant patrons. The location of the use is
considered appropriate given the fact that the site is not located in close proximity to
day care centers, schools or places of religious assembly. In addition, the Police
Department has reviewed the project and has no objections to the location.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located; will not be detrimental to
the public health, safety, peace, morals, comfort, or welfare of persons residing or
working in or adjacent to the neighborhood of such use; and will not be detrimental
to the properties or improvements in the vicinity or to the general welfare of the
City.
The proposed restaurant is consistent with the land use designation of the General Plan
and the Coastal Land Use Plan. All development regulations of the RSC Zoning District
would be met, including building setbacks, structure height limitations and development
limits. The restaurant has been conditioned in such a manner to meet the intent of the
Zoning Code regulations, including any specific conditions required for the proposed
restaurant and to require strict adherence to safety and noise regulations.
Should the proposed restaurant operate within the parameters of the conditions of
approval, maintaining the off -site parking lease agreement, and strictly enforcing and
monitoring the valet parking arrangement, negative impacts associated with the
application discussed within this report should be minimal. The proposed restaurant,
therefore, will not be detrimental to the public health, safety, peace, morals, comfort, or
welfare of persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to the
general welfare of the City with the following:
• The operation of the restaurant will be restricted to the hours 7:00 a.m. to 10:00
p.m., seven days a week.
• The total "net public area" of the interior dining areas will not exceed 640 square
feet.
• The outdoor dining area will not exceed 160 square feet.
• The valet parking for patrons will be provided during the business hours. The
valet operation would be professionally managed in a manner to eliminate back
up /storage of vehicles onto the public right -of -way.
• Valet drop -off, pick -up, and deliveries will occur only on the subject property.
Valet operation and delivery will not impact ingress and egress to adjacent
properties.
N �q
Panini Cafe
September 20, 2007
Page 12 of 18
• Deliveries will be scheduled outside of peak operating hours of the use so that all
access will not be blocked. No deliveries will be permitted before 7:00 a.m. or
after 6:00 p.m.
• No dancing or live entertainment will be provided on the premises.
• New trash enclosure will be constructed and maintained properly to eliminate
odor and prevent illegal dumping.
In accordance with the requirements of Chapter 20.89, approval of the Alcoholic
Beverage Outlet is subject to the consideration of factors relating to over - concentration
of alcohol licenses, crime rates including numbers of alcohol related crimes, and
impacts to the surrounding community. Detailed analysis of the ABC application is
discussed below under the Alcoholic Beverage Outlet Ordinance Section. The Police
Department has reviewed the project and has determined that the sale of beer and
wine in conjunction with the proposed restaurant will not result in an increase in alcohol -
related crimes and will not result in an over - concentration of alcoholic beverage outlets
since the request is to transfer the existing license from the existing restaurant to the
subject location. The proposed restaurant, including beer and wine sales, will not have
a negative impact on the surrounding community.
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
The request to allow the operation of a restaurant which includes the serving of
alcoholic beverages on the premises and the proposed conditions under which it would
be operated or maintained, are consistent with the General Plan and the purpose of the
district in which the site is located. The request is located within the existing building
that is designated and zoned for this commercial activity. The use has been conditioned
in such a manner to minimize the impacts associated with it. The plan, as conditioned,
meets the design and development standards for eating and drinking establishments.
In accordance with the requirements of Chapter 20.89, the project has been
conditioned to avoid potential negative impacts on the surrounding community. Upon
approval of the use permit, the Police Department will condition the ABC license as
necessary to maintain the health, safety and welfare of the community.
40
Panini Cafe
September 20, 2007
Page 13 of 18
Alcoholic Beverage Outlet Ordinance Findings
In conjunction with the proposed restaurant, the applicant also requests approval of a
use permit to allow the sale of beer and wine for on -site consumption by transferring
their existing license from their existing store located at 2333 Coast Highway. There
would be no net increase in the number of ABC licenses within the subject area as the
request is a transfer of the existing ABC license to the proposed location. Sale of beer
and wine for on -site consumption requires the issuance of a Type 41 License from the
California Department of Alcoholic Beverage Control. In accordance with Chapter 20.89
(Alcoholic Beverage Outlets) of the Municipal Code, approval of a use permit is required
for a new Type 41 license at the subject site. Chapter 20.89 requires the Planning
Commission to consider the following:
1. Whether the use serves public convenience or necessity.
2. The crime cafe in the reporting district and adjacent reporting districts as
compared to other areas in the City.
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the countywide average.
4. The numbers of alcohol - related calls for service, crimes or arrests in the
reporting district and in adjacent reporting districts.
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, park and recreation facilities, places of religious assembly, and schools.
The City of Newport Beach Police Department submitted a memorandum (Exhibit 5)
providing the necessary information and data for the following analysis:
1. Public Convenience or Necessity
The proposed sale of alcoholic beverages (beer and wine) is in conjunction with a full -
service, high turnover restaurant. Beer and wine sales for on -site consumption are
common in conjunction with this type of establishment and are expected by customers.
The sale of beer and wine will provide an added convenience for the restaurant
patrons.
2. Crime Rate
Citywide, there were 6,676 crimes reported during calendar year 2006, of which 3,075
were Part One Crimes (serious offenses). The remaining 3,061 were Part Two Crimes
that include alcohol - related arrests. The project site is located within Police Reporting
District No. 44 (RD 44). During 2006, the reporting district had a total of 379 reported
crimes (184 Part One, 195 Part 2) compared to a citywide reporting district average of
174 reported crimes,. RD 44 is 205 crimes or 117.72 percent above the citywide
reporting district average. The subject site is within an area where the number of crimes
a\
Panini Cafe
September 20, 2007
Page 14 of 18
is at least 75 percent higher that the average of all reporting districts in the City as
outlined in the City Council "K -7 policy.
During 2006, the total number of crimes in adjacent reporting districts RD 43 and RD 39
was 74 and 631, respectively. The number of total crimes reported within RD 44 is
higher compared. to RD 43 but lower than RD 39.
3. Over - Concentration
There are 25 active alcoholic beverage licenses in police RD 44 which constitutes a per
capita ratio of one license per 223 residents. The applicant is requesting to transfer the
existing Type °41" ABC License from the existing restaurant located at 2333 Coast
Highway to the subject property. There would not be an increase in ABC license within
RD 44.
4. Alcohol - Related Crimes
The Police Department has provided statistics for driving- under - the - influence (DUI) and
plain drunk arrests. There were 32 DUI arrests and 33 plain drunk arrests within RD 44
(65 total DUI /Drunk arrests) during this period as compared to 1,285 for the entire City.
This RD accounts for 5.06 percent of the DUI /Drunk arrests made in the City. Adjacent
reporting districts RD 43 and RD 39 had 53 and 236 DUI /Drunk arrests, respectively.
The number of alcohol - related crimes reported in RD 44 is higher when compared with
RD 43 but much lower compared with RD 39.
The proposed sale of beer and wine is in conjunction with the proposed restaurant. The
Police Department has reviewed the project and is not in opposition; however, they
have provided recommended conditions of approval to minimize the potential for an
increase of alcohol related crimes.
5. Adjacent Uses
There are no schools, day care centers or places of religious worship near the subject
property. The establishment is located within a commercial area adjacent to a major
street and is surrounded primarily by commercial and residential uses.
Given that the proposed alcoholic beverage sales is for on -site consumption only and
associated with the proposed restaurant, the Police Department does not have
objections to the operation as proposed by the applicant. Additionally, the Police
Department has reviewed the use permit application and has submitted recommended
conditions of approval. The Police Department recommends the standard conditions of
approval related to the sale of alcohol for on -site consumption to ensure compatibility of
the use with its environs. These conditions are routinely required of alcoholic beverage
outlets. Should the project be approved, the Police Department will transmit the
conditions of approval related to the sale of alcohol to the State Department of
Panini Cafe
September 20, 2007
Page 15 of 18
Alcoholic Beverage Control (ABC). The Police Department does not oppose these
hours and planning staff believes these hours are acceptable for this location. Finally,
the location of this establishment is acceptable since no sensitive land uses are located
nearby.
Off -site Parking Agreement Findings
The applicant has entered into a parking agreement with the property owner of 7
Corporate Plaza, OCRC -GE Corporation, (Exhibit 6) for the use of 10 parking spaces.
The term of this parking agreement is for 5 years, commencing on the date that
restaurant obtains a certificate of occupancy along with a 5 -year renewal option. These
spaces are available to the restaurant employees during the restaurant hours of
operation.
Pursuant to Section 20.66.080, Off - Street Parking, the Planning Commission shall not
approve off - street parking on a separate lot from the site or sites unless:
1. Such lot is so located to be useful in connection with the proposed use or uses
on the site or sites.
The 10 off -site spaces is in a parking garage of the office complex located on the north
side of Coast Highway, west of Avocado Avenue, at 7 Corporate Plaza. The applicant is
proposing to utilize these spaces for employee parking. No patron parking would be
allowed.
2. Parking on such lot will not create undue traffic hazards in the surrounding area.
The use of off -site parking lot will not create undue traffic hazards in the surrounding
area. The employees will be instructed to cross Coast Highway at the pedestrian
crossing at Avocado Avenue to and from the off -site parking lot.
3. Parking is permanently available, marked, and maintained for the use it is
intended to serve.
The applicant has secured a 5 -year term parking agreement and a 5 -year renewal
options with the property owner of the off -site parking lot. The applicant has submitted
documentation from the property owner that the off -site parking spaces have not been
leased to any business other than the applicant.
Should the application be approved, a condition of approval is included in the draft
resolution, requiring the provision of 10 parking spaces in the off -site lot, and the
recordation of the agreement with the County Recorder's office ensuring the availability
of the spaces for the use.
0
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Panini Cafe
September 20, 2007
Page 16 of 18
Accessory Outdoor Dining Permit
1. That the proposed outdoor dining is accessory to the eating and drinking
establishment.
The proposed outdoor dining area is accessory to the proposed 3,820 square -foot
restaurant. The restaurant's total net public area would be 640 square feet. The applicant
proposes to have an outdoor dining area of 160 square feet which is 25 percent of the net
public area of the proposed restaurant and thereby is consistent with Municipal Code
Section 20.82.050 (A) that limits accessory outdoor dining areas to 25 percent of the
restaurant's interior net public area, or 1,000 square feet, whichever is less.
2. The establishment, maintenance or operation of the accessory outdoor dining
will not under the circumstances of the particular case, be detrimental to the
health, safety, peace, comfort and general welfare of persons residing or working
in the neighborhood or injurious to property or improvements in the area.
The use is accessory to the proposed restaurant use which would be subject to
conditions of approval that include limitations on hours of operation and number of
seating. The proposed location of the outdoor dining area would not cause potential
noise impacts to the nearby residential uses.
3. That the proposed accessory outdoor dining will not be located so as to result in
reduction of existing parking spaces.
The proposed outdoor dining area will be located in front of the existing building, adjacent
to the public right -a -way along Coast Highway, and thereby will not result in a reduction of
the existing parking spaces located in the parking garage. Section 20.82.050 (A) of the
Municipal Code does not require additional parking for accessory outdoor dining areas.
Summary
Staff is concerned with the proposed parking management plan in that it may be difficult
to maintain and enforce. Should the Planning Commission determine that the proposed
parking management plan is consistent with the polices of General Plan and Coastal
Land Use Plan and the findings for approval of a use permit for the restaurant and
Alcoholic Beverage Outlet ordinance can be made in that the restaurant operation will
not prove detrimental to the community through strict compliance of conditions of
approval, a draft resolution for approval is attached for adoption.
The proposed on -site sale of beer and wine has also been reviewed pursuant to the
requirements of Chapter 20.89. In reviewing the proposed use, factors relating to public
convenience, crime rates, over - concentration of alcohol licenses, and proximity to
sensitive land uses were considered. Planning Staff and the Police Department have
Panini Cafe
September 20, 2007
Page 17 of 18
reviewed the project relative to these considerations and find the location of the
proposed Alcoholic Beverage Outlet to be acceptable, subject to the conditions of
approval in the attached resolution.
The accessory outdoor dining permit request meets the findings for approval as it will be
accessory to the proposed restaurant, has the same operating hours as the proposed
restaurant with limited seating, and will not result in a reduction of the required parking
spaces for the restaurant.
The proposed off -site parking agreement complies with the criteria set forth in Section
20.66.080, in that it has proven to be viable and will ensure that the required number of
parking spaces for the restaurant use will be provided and maintained at all times.
Alternatives
1. If the Planning Commission determines that not all the facts in support of the
findings can be made for the applicant's requests, the Planning Commission should
direct staff to prepare findings and a resolution denying the requests and return at the
next available Planning Commission meeting date with such resolution for adoption; or
2. The Planning Commission may suggest specific project modifications that are
needed for approval. If this is done, the item should be continued if the changes are
reasonable and easy to incorporate. If substantial changes are directed, the item should
be removed from calendar to allow redesign of the project.
Concerns from Residents
The Planning Department received several letters via electronic mail from the nearby
residents during the application review process. They collectively expressed their
opposition to the proposed restaurant that would be contributing to the existing
congested traffic patterns, area business patrons using the residential alleys as
thoroughfares, increased noise levels and increased number of service trucks and
garbage dumpsters intruding their already crowded neighborhood (Exhibit 7). Staff also
received numerous letters in support of the application from the nearby residents and
restaurant patrons (Exhibit 8).
Environmental Review
This project has been reviewed, and it has been determined to be categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) under Class 1
(Existing Facilities). The proposed interior improvements to accommodate the new
restaurant are minor in nature and are within the tenant space formerly occupied by a
retail commercial use.
. �5
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Panini Cafe
September 20, 2007
Page 18 of 18
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
Exhibits
Submitted by:
.. r David Lepo, P - /rn. Director-
:1. Waft Reselutie.9 Ne. 2907
2. Project Description
3. Parkingfrraffic Management Plan
4. Previous Parking Agreement between Hemingways and Orient Handel
5. Police Department Memorandum
6. Parking (Use) Agreement with OCRC -GE
7. Letters in opposition
8. Letters of support
9. Submitted Plans dated July 27, 2007
A(P
EXHIBIT 2
PROJECT DESCRIPTION
A, A
*7ft
THIS PAGE
LEFT BLANK
INTENTIONALLY
PROJECT DESCRIPTION
PROJECT: Panini Cafe — Corona del Mar, CA
2421 East Coast Hwy (Vacant retail shop formerly 'Orient Handel')
PROJECT
REQUEST: A request for approval of Use Permit to allow the operation of a 3,820 square -
foot full - service restaurant with a net public area of 640 square feet and to allow
alcoholic beverage service of Type "41" ABC License (On -Sale Beer and Wine
Eating Place). Also requested are a consideration of Accessory Dining Permit
to allow the operation of a 160 square -foot outdoor dining area in conjunction
with the proposed restaurant and an approval of Off -Site Parking Agreement to
accommodate off - street Employee Parking, utilizing the nearby property located
at 7 Corporate Plaza.
APPLICANT: Collection Investments Corona del Mar, inc., a Nevada Corporation
Mr. Mike Rafipoor, President
17310 Redhill Avenue, Suite 250
Irvine, CA 92614
PROPERTY
OWNER: Coast M Investments, Inc., a Nevada Corporation
Mr. Mike Rafipoor, President
17310 Redhill Avenue, Suite 250
Irvine, CA 92614
AGENT: PLANET DESIGN
William R. Edwards, Principal Architect
2435 East Coast Hwy, Suite 7
Corona del Mar, CA 92625
BUSINESS
HOURS: 7:00am- 10:00pm, seven days a week
DELIVERY
HOURS: 9:00am- 11:00am & 2:00pm4:00pm
17310 Redhill Avenue, Suite 250
Irvine, CA 92614
949.440.2024
a414N��FGFy1OB
O�p4R M47
ar
0�r�E
0
PLANET
DESIGN
2435 East Coast Highway, Suite 7
Corona del Mar, CA 92625
949.721.5500
TYPE "41°
LICENSE: The request for a Type "41" License would allow the restaurant to serve beer
and wine with meals as is currently being served at the 2333 East Coast
Highway location.
PARKING SUMMARY
PATRON PARKING:
REQUIRED: Sixteen (16) Spaces
PROPOSED: Sixteen (16) Spaces per Exhibit XX
ON -SITE: Sixteen (16) Spaces - Valet
OFF -SITE: TBD (None specified)
EMPLOYEE PARKING:
OFF -SITE PROPOSED: TEN (10) Spaces (7 Corporate Plaza, Ref. Exhibit)
IMPROVEMENTS TO THE BUILDING:
INTERIOR: Complete Renovation and Structural Rehabilitation, with full ADA
Compliance
EXTERIOR: Complete Renovation to Italianate Traditional Theme
17310 Redhill Avenue, Suite 250
Irvine, CA 92614
949.440 2024
O
PLANET
PE451GN
......Ml
2435 East Coast Highway, Suite 7
Corona del Mar, CA 92625
949721.5500
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EXHIBIT 3
PARKING /TRAFFIC
MANAGEMENT PLAN
Q
THIS PAGE
LEFT BLANK
INTENTIONALLY
0
PARKING / TRAFFIC MANAGEMENT PLAN
PANINI CAFE - CORONA DEL MAR, CA
OVERVIEW
Panini Cafe (Applicant) proposes to provide complimentary valet parking for its customers
during regular operating hours, as well as off -site employee parking (see attached executed
Lease Agreement, Exhibit A). Additional attached exhibits present the Valet Parking
Management Plan for the site. Signs will be erected at street level at the site entrance, within
private property lines, to adequately direct patron traffic to the valet drop -off area. The drop -
off and pick -up areas will be located at the rear of the building, just outside the entrance to
the parking garage, within the boundaries of the property lines.
ON -SITE VALET PARKING OPERATIONS
Patrons will drive their vehicles N/B up the alley from Fourth Avenue and pull forward to the
valet queuing location. Patrons will then exit the vehicle and receive a valet ticket which must
be validated by their Panini server in order to reclaim their vehicle after dining. An elevator is
available adjacent to the valet drop -off for customer convenience and direct access to street
level dining. Valet attendants will then drive the vehicles in the parking garage and park
vehicles according to the plan provided. The valet attendant(s) will direct departing restaurant
patrons to carefully exit straight ahead down the alley to Fourth Avenue, and either to turn left
to Dahlia, to proceed South on Pacific Coast Highway, or to turn right to Avocado, to proceed
North (or South) on Pacific Coast Highway. The patrons will be instructed by the valet
attendant(s) not to turn right at the alley and use Begonia Avenue, a nearby residential block.
The Applicant's original traffic engineer provided two (2) exhibits for valet parking scenarios
in the existing parking garage. The first on -site valet exhibit, 'Exhibit B,' depicts twelve (12)
spaces including one (1) handicapped space, nine (9) standard spaces and three (3) tandem
spaces. This exhibit was previously reviewed and approved by the Traffic Engineer at CNB.
The second exhibit, 'Exhibit C,' depicts the same arrangement as above with an additional
four (4) tandem spaces, totaling sixteen (16). This valet- managed parking scenario was
reviewed by CNB Traffic Dept. and is submitted, as an as an alternate option, for review and
approval by the Planning Commission. This option is supported by the fact that historically
this parking garage location has been observed and documented to accommodate eighteen
17310 Redhill Avenue, Suite 250
Irvine, CA 92614
949.440.2024
PLANET
DESIGN
2435 East Coast Highway, Suite 7
Corona del Mar, CA 92625
949.721.5500
C\5_
(18) or more vehicles at a time when managed by the professional valet service. (See
attached Exhibits D, E, & F.) Observations have also shown that this eighteen (18) space
scenario as supports Traffic's recommendation that only one (1) car be moved to access any
other parked vehicle.
HOURS OF OPERATION: Panini Caf6 will provide a minimum of one (1) parking attendant
and two (2) during peak business hours (11:30am- 2:30pm M -F, and 9:OOam- 2:OOpm Sat &
Sun) in order to prevent any stacking of vehicles on public property (i.e. alley). Valet
operations shall not impact adjacent property across alley. The existing partial subterranean
parking garage at the new Panini Cafe location is to be utilized as a valet parking facility as it
has in the past by a professionally managed parking company.
EMPLOYEE PARKING (OFF -SITE AT 7 CORPORATE PLAZA, NEWPORT BEACH)
The opening and closing shifts at the current establishment located at 2333 East Coast
Highway utilize four (4) employees and a maximum of eight (8) employees during the busiest
hours during the regular shifts. With the proposed establishment, five (5) employees and a
maximum of ten (10) employees during the busiest hours during the regular are anticipated
by the Applicant from their experiences at the existing Panini Caf6 La Jolla and Beverly Hills
locations.
The Applicant has secured ten (10) off -site parking spaces, located at nearby 7 Corporate
Plaza to be designated as Employee Parking for Panini Cafe. A notarized Lease Agreement
between Panini Cafe owner Mike Rafipoor, Applicant of off -site employee parking and
OCRG -GE Corporation, owner of subject property at 7 Corporate Plaza has been fully
executed. The term of the lease is five (5) years including an option to lease for an additional
five (5) years. A copy of this executed Lease Agreement is attached as Exhibit A.
OFF -SITE MANAGEMENT: The Panini Hospitality Group is willing to provide both
technical and management enforcement techniques relative to Employee Parking,
such as an electronic device at the garage to verify employee usage of this off -site location,
together with a sticker for the employee vehicle (1 per car) — for purposes of verification of
daily usage. This can then be confirmed when the employee walks from the designated
parking location to the restaurant, together with the time -clock stamped ticket in hand upon
reporting for work and then placed in the slot with time stamped employee card. Upon hiring,
employees will sign a binding Agreement for use of Designated Employee Parking at 7
Corporate Plaza, with the written understanding that they would face termination if not
compliant. A handout will be provided for employee reference which includes a map of the
location and conditions of usage.
17310 Redhill Avenue, Suite 250
Irvine, CA 92614
949.440.2024
J
PLANET
PESIGN
2435 East Coast Highway, Suite 7
Corona del Mar, CA 92625
949.721.5500
0
DELIVERY VEHICLES AND SCHEDULING
Delivery vehicles bringing produce and other supplies to the new Panini location will be
limited to hours of 9:OOam to 11:00am in the morning and 2:OOpm to 4:00 pm in the
afternoon. Applicant is currently exploring options to enable delivery trucks to unload at an
adjacent location without blocking the alley, although local code allows them to utilize this
right -of -way.
CONCLUSION
The decision for this plan for employee parking plan evolved from originally considering
annual parking permits via the blue metered spaces at the nearby 'Old School Park' public
parking lot at Fourth Avenue and Dahlia. Former plans for other project(s) have been difficult
to monitor whether by City or employers.
Incentive for the employees is to have designated parking that they can count on instead
having to contend with generally sparse curbside parking. This relative convenience and the
security of the underground garage located at 7 Corporate Plaza location, together with the
above described enforcement, should contribute to 'incentivizing' employees to utilize this
location.
17310 Redhill Avenue, Suite 250
Irvine, CA 92614
949.440.2024
(3
PLANET
PExZGl .
2435 East Coast Highway, Suite 7
Corona del Mar, CA 92625 r 1
949.721.5500 J
halu
08/21/2007 12:07 949- 719 -7210 JULIEAAULT PAGE 01/02
USE AGREEWIF,NT
This Agreement ( "Agreement ") is made and entered into as of August 1, 2007 by and between OCRC-
GF. CORP (hereafter "OCRC -GE ") , a Nevada Corporation and Coast M Investments, Inc., dba Panini Cafd, a
Nevada corporation (hereafter Panini Cafe).
I.Premises. OCRC -GE grants to Panini Cafe and upon all of the conditions set forth in this Agreement, a
limited right to use a portion of the real property located at 7 Corporate Plaza. Newport Beach. California
92660, consisting of four (4) un- designated parking spaces located an the prcmises. (the "Premises ").
2.Term. The term (the 'Term ") of this Agreement shall be for a period of five (5) years commencing on upon
the date Panini Cafe obtains a certificate of occupancy to occupy and operate its restaurant business 2421 East
Pacific Coast Highway, Corona del Mar, California and ending sixty months after commencement, along with a
sixty month (Option Term) option to renew this Use Agreement provided Panini Cafe is not then in default of
any term of this Agreement and gives notice in writing to OCRC -GG of its intention to exercise its option not
later titan three months nor earlier than sixth months before the time the option period is to commence.
3.1tee. Panini Cafe shall pay to OCRC -GE a fee (die "Fee ") for the use of the Premises in the amount SI.D00
per month in advance, on the I st day of each month during the Term and during the Option Term.
4.Usc. Cafe Panini shall use the Premises only for parking related to the conduct of its restaurant business
located at 2421 E. Pacific Coast Highway, Corona del Mar. California.
S.Candition of Premises. Cafe Panini accepts the Premises in the condition existing as of the date of this
Agreement. subject to all applicable zoning, municipal, county and state laws, ordinances and regulations
governing and regulating the use of the Premises. including any and all applicable business and park association
rules.
6 Liability Insurance. Cafe Panini and any contractor of Caff Panini utilizing the Premises including, without
limitation, any valet service employed by Caft Panini shall, at their own expense. obtain and keep in force
during the Term a policy of Cnmbined Single i,imii Bodily Injury and Property Darna6e insurance insuring Caff
Panini against any liability arising out of the use of the Premises and all areas appurtenant thereto by Cafe
Panini or any of its contractors. Such insurance shall be a combined sinale limit policy in an amount not less
than $2.000.000 and shall name OCRC -GE, Inc. as additional named insured.
7. Indemnity, Caff Panini shall indemnify and hold harmless OCRC -GE from and against any and all claims
arising in whole or par¢, from Cafd Parini's use of the Premises, or from the conduct of Cafe Panint's business
or from any activity, work or things done, permitted or suffered by Cafe Panini in or about the Premises or
elsewhere.
S. Defaults. The occurrence of any one or more of the following events shall constitute a material default and
breach of this Agreement: (a) The failure by Cafe Panini to pay the Fee or any other payment required to be
made by Cafe Panini, as and wben due, where such failure shall continue for a period often (10) days after
written notice from OCRC -GE to Cafe Panini; (b) The failure by Cafe Panini to observe or perform any of the
covenants. conditions or provisions of this Agreement to be observed or performed by Ca& Panini , other than
described in paragraph (a) above, where such failure shall continue for a period of ten (10) days after written
notice from OCRC -GE to Cafd Panini, provided- however, that if the nature of the default is such that more than
ten (10) days are reasonably required fat its cure, then Caft Panini shall not be deemed to be in default if Caft
Panini commenced such cure within said 10 -day period and thereafter diligently prosecutes such cure to
completion.
�� IK i.r
08/21/2087 12:07 949 - 719 -7210 .1Lr_IEAAULT PAGE 02/02
9. Rarnedies. In the event of any such material default or breach OCRC -GE may, at any
timo hereafter, with or without notice or demand terminate Panini Cafe's right to use the Premises by any lawful
means, in which case this Agreement shall terminate without prejudice to its right to collect from Panini Caft
any Use Fee tamed to the point of termination or enfbrce any other right or claim hereunder. Paragraph 7:
Indemnity shall survive any such termination hereunder.
August 1, 2007 Coast M Investments, Inc., a Nevada
carporat P ini aft
�!?e 5
by: Mike Rafrpoor, its President
OCRC-GF, Inc., a Nevada
by:
civt.IJ
L�.r
�C\
ADDENDUM TO USE AGREEMENT DATED AUGUST 1, 2007
This Addendum to the Use Agreement, executed as of August 1, 2007 by and between Coast M.
Investments, Inc., a Nevada corporation, dba Panini Cafd and OCRC -GE, Inc., a Nevada
corporation is made this September 6, 2007, in order to amend the number of parking spaces
reserved for use by Coast M Investments, Inc. under the terms of this agreement by increasing the
number from 4 (four) spaces to 10 (ten) spaces. All other terms and conditions of the Use
Agreement which is attached to this Addendum as Exhibit "A" remain unaltered and in full force
and effect. OCRC -GE, Inc. hereby certifies it has the right and authority to enter into this Use
Agreement and Addendum without the necessity of the approval of any other parties.
Dated: September 7, 2007
Coast M Investments, Inc., a Nevada
corporation, db ini Ca�fd
by: MikPRiiflfa"oor, its President
OCRC -GE, Inc., a Nevada
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Exhibit G:
Panini Caf6 — CDM Off-Site Employee
Parking Location, 7 Corporate Plaza
7 Corporate Plaza
-4% Lik
Employee Vehicular
Path of Travel
central Library
Employee'Ped' Y
Path of Travel
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Panini Cafe
Old School Park i fii
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9/11/07
EXHIBIT 4
PREVIOUS PARKING
AGREEMENT BETWEEN
HEMINGWAYS AND
ORIENT HANDEL
0
THIS PAGE
LEFT BLANK
INTENTIONALLY
0
0
� 15969 �
SK 14217PC 1833�y
RCORDING REQUESTED BY AND t4V
WHEN RECORDED RETURN TO:
City Clerk EXEMPT REDDRDED RIDEEICIAE RECDRDE
CITY OF NEWPORT BEACH C 7 DE" CO"tt• CANOMIA
3300 Newport Boulevard - tl10gM SEP14'89
Newport Beach, California 92663
LEE A BRdUYCH, Can Qkp
Space Above This Line For Recorder's Use Only
OFF -SITE PARKING AGREEMENT
HEMINGWAYS RESTAURANT
2441 East Coast Highway
Corona Del Mar, California 92625
/Tj' >ipFD
se,o FRY
/Vcy, CAly pF /98/a
THIS AGREEMENT, made and entered into this
day of March, 1981, by and between
and
and
CITY OF NEWPORT BEACH, a municipal
corporation and charter City,
hereinafter referred to as "City,"
ELIAS SHOKRIAN,
hereinafter referred to as
"Owner,"
RANDALL H. JOHNSON,
hereinafter referred to as
"Lessee,"
is made with reference to the following facts, the materiality
and existence of which is stipulated and agreed by the parties
hereto:
1
R EC
,t
SEP8 1981
-`;
cj! ,
NEWPO,,f EEACH,
CALM
.na �
I. Owner owns certain real property located at 2421
East Coast Highway, in the City of Corona Del Mar, County of
Orange, State of California, which real property is more
particularly described as:
Parcel 1 as shown on the Parcel Map filed
in Book 68, Page 8 of Parcel Maps,
Records of Orange County, California,
hereinafter referred to as "the property "; and
II. Lessee operates on property located at 2441 East
Coast Highway a restaurant known as Hemingways. Provisions of
the Newport Beach Municipal Code require persons conducting a
restaurant, to provide parking spaces for their customers; and
III. Lessee has applied to City for a Use Permit, has
done so because Lessee proposes to expand the restaurant, and the
changes proposed by Lessee are such that additional parking
spaces must be provided by Lessee; and
IV. Lessee has entered into a written agreement with
Owner, which agreement grants to Lessee the exclusive right to
use 10 automobile parking spaces on the property after 5:00 p.m..
A copy of the written agreement is attached hereto and marked
Exhibit "A."
V. The Planning Commission of the City of Newport
Beach, in conjunction with its consideration of a Use Permit,
recommended to the City Council of the City of Newport Beach
approval of this Off —Site Parking Agreement after determining
that the conditions of Section 20.30.035(D) of the Newport Beach
Municipal Code were satisfied; and
3
10
VI. The City Council of the City of Newport Beach
considered the proposed Off -Site Parking Agreement, determined
that the Agreement satisfied the provisions of Section
20.30.035(D) of the Newport Beach Municipal Code, and authorized
execution of this Agreement,
NOW, THEREFORE, the parties hereto agree as follows:
1. Lessee shall execute, and do all things necessary
to ensure the effectiveness and validity of, the written agree-
ment pursuant to which Lessee has the right to automobile parking
spaces on the property. Lessee further agrees to fully perform
all of the duties and responsibilities imposed upon Lessee by the
Lease Agreement (Exhibit "A ") pursuant to which Lessee has the
right to parking spaces, and further agrees that any breach by
Lessee of the terms of this written agreement constitutes a
breach of this agreement. The duties of Lessee pursuant to
this paragraph shall continue for such time as the Lessee
operates a retaurant located at 2441 East Coast Highway, and with
the characteristics, and intensity of use, authorized by the
Lease and any previous approvals granted by City.
2. In the event that the use of the off - street
automobile parking spaces provided for on this Lease Agreement
(Exhibit "A ") are lost to Lessee, for any rgason, Lessee agrees
to do the following;
a. Alter the characteristics of, or reduce the
capacity of, the restaurant located at 2441 East Coast
Highway, that the automobile parking spaces available to, and
under the control of, Lessee are, given consideration to any
nonconforming rights that Lessee may have as of the date of
this Agreement, sufficient to satisfy the parking
requirements of the Newport Beach Municipal Code;
3 ✓�\
b. Notify, in writing and within 30 days of the
loss of the parking spaces, the Planning Director of the City
of Newport Beach that automobile parking spaces previously
available to Lessee are no longer available; and
C. Prior to resuming business in the manner
authorized prior to the loss of the parking spaces,Lessee
shall submit to the Planning Director of the City of Newport
Beach a new or amended Off -Site Parking Agreement, giving
Lessee the use of at least the same number of parking spaces
required by the Lease Agreement (Exhibit "A ") and this
agreement and shall further obtain such recommendations and
approvals of such agreement, by the Planning Commission and
City Council of the City.of Newport Beach, as required by the
Charter of the City of Newport Beach and the Newport Beach
Municipal Code.
3. Lessee shall, at all times the restaurant is open
for business, provide a sufficient number of parking attendants
to ensure that the off - street parking spaces are utilized for the
Purposes intended.
4. Lessee shall fully perform all of the conditions of
approval imposed by the Planning Commission and /or City Council
Of the City of Newport Beach in conjunction with the approval of
the Use Permit. The minutes of the.Planning Commission and /or
City Council reflecting the conditions imposed are attached
hereto, marked Exhibit "B ", and are incorporated herein by
reference.
5. Lessee shall, at least '90 days prior to the expira-
tion of the written Lease Agreement, (Exhibit "A ") provide a new
or amended parking agreement which grants the use of at least the
same number of parking spaces required by this Agreement and
4
l3,
e,
contains terms no more restrictive than those contained in the
existing Lease Agreement, (Exhibit "A ").
6. This Agreement shall run with the property shall
bind the heirs, successors -in- interest, transferees, vendees,
and /or assignees of the parties hereto,.and shall be recorded in
the Office of the County Recorder of the County of Orange.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY OF NEWPORT BEACH
A Municipal Corporation
By .ter
ay
ATTEST:
91' t
� City Clerk
OWNER
STATE OF CALIFORNIA )
,_ S1ATE OF CAUFORNIA
COUNTY OF Orange }•� rsigned, a
E on Mav 28 19$1 d
before me, ,he undarNgned, a N.,ery Ppblic IF and roe / 1 bed t0 the
y said Sla,a, pe,sanally appeared Randall H. Johnson
ame.
E
a
known ,p me 10 be the person__ whose name is
spbsmbed b the wKin inskemem and eckn— ledged ,g ma OFFICIAL 6�L
MARGARET M, FERNANDEZ
T d the same. NOTARY PUOUC— CALIFOM"
l6tNES$ haM sod pRicial seeF.'� PRINCIPAL OFFICE IN
E y� OMNGE GOUNIY
,p ssg fEE0eI. 't '0097 !7�l��l.'.G My CommisslaR Expires Noaember 6, 1991
rgaret ern n ez
Name JyY d or PNnbd)
Ohls nu for .Mw ru"rhl sell
F1tu61&ded 1972 .
2441 East Coast Highway " . Corona Del Alar• California 9262., o (714) 673-0120
T.E T.T.L.R...O..F I N T H T
ro rr Fib that ELIAS SPOKRICs.^l, r' r;'
hereby re_e t
, :
. . as Laaor, � -r iill =n.g to e: ter .nto an' initial three ease
on t,,;-, cf " suss!- V't -king of the pret:ises known as 2421 E. .`.car >t
H� =; . Coro ;ie Del hear, Calif with HE:`.Ii:C4'AYS IMSTAti2 % % -u + ", he'.re'�a
_ =`erred to as Lessee, at the rental fee of Three Hw.dte. L•�l_a;;-
13,o .G
per month. ..
!r: ^sae of she ark!Kr oil Chia lease shall be for t:.0 cvc.,.�l1 1.13
cnl {zac!.u3ing. t;'ze%cendsl • .. .
the cc,emencesent date shall he when thg "pren;ises are ,f..,11y
devel;r_ x:, ^,•c the rases of t ,c said u- osa a. "d shall _'. r:
.rte..._ Lie :,ic'a_ ions ei: forth by the Modificaticnn Co„ ^e.ttec iac::
iise Ferut 1772) . ..
EXHIBIT "A"
'd
/G
PARKING LOT t FACT ACRFRME K
This Parking Lot Lease Agreement in theory is made and executed this 12th day of June,
1996, by and between HASEM M. KERMANI dba Orient Handel, (hereinafter called
"Lessor') and MARK AND CINDY HOLECHEK of Holechek Foods and Spirits, Inc.,
(hereinafter called "Lessee'), and shall run concurrent with the Conditional Use Permit.
WINESSETH:
That each of the aforesaid parties acknowledges the receipt of a valuable consideration
from the other and that they and each of them act herein in further consideration of the
engagements of the other as herein stated, that specifically the Lessor, for and in
consideration of the rents hereinafter received by the Lessor and the covenants and
conditions herein agreed to be kept and performed by the Lessee, does hereby demise,
lease and let onto the Lessee, and the said Lessee does hereby hire, accept and take from
the Lessor that certain parcel of real property described as:
Parcel 1 as shown on the parcel map filed in book 68, page 8 of Parcel Maps Records
of Orange County, Ca.
Property identified as the entire parking structure, with the exception of one space
reserved for Lessor's vehicle, at the rear of 2421 E. Coast Highway, Corona Del Mar,
Ca. 92625
Said real property (hereinafter called "Property') to be used only for the purpose of a
parking lot under the following terms and conditions:
1 • TERM: The term of this lease shall be for an initial period of five (5) years,
commencing on September 1, 1996 and terminating on August 31, 2001, with an
additional option period of five (5) years with the same terms as stated in item #2 .
2• $EMT: The rent for the initial term shall be payable on the first day of each
month and there will be an annual increase of 5% each and every year for the term
of this lease. The payment schedule will be the following:
Sept. 1, 1996- Aug.
31, 1997
$850.00
Sept. 1, 1997 -Aug.
31, 1998
$892.00
Sept. 1, 1998- Aug.
31,11999
$937.00
Sept. 1, 1999 -Aug.
31, 2000
$984.00
Sept. 1, 2000- Aug.
31, 2001
$1033.00
OPTION PERIOD
Sept. 1, 2001 - Aug.
31, 2002
$1085.00
Sept. 1, 2002 -Aug.
31, 2003
$1139.00
Sept.l, 2003- Aug.
31, 2004
$1196.00
Sept. 1, 2004- Aug.
31, 2005
$1256.00
Sept. 1, 2005- Aug.
31, 2006
$1319.00
3• HQIJRS• Lessee shall have the use of the property each day of the week including
Saturdays and Sundays from the hours of 6:00 pm. to 2:00 am.
In witness whereof, the parties hereto have duly executed this Parking Lot Lease
Agreement the year and the day first above written.
FOR /� SO FOR LESSEE:
wd �LG..o CCr -rri�
ASEM M. KU RIVE NI, L ssor MA & UIPW Y HOLECHEK, Lessee
rhea �ei,a
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-�
EXHIBIT 5
POLICE DEPARTMENT
MEMORANDUM
/0
City of Newport Beach
Police Department
Memorandum
July 17, 2007
TO: Rosalinh Ung — Staff Planner
FROM: Detective Doug Jones
SUBJECT: UP2007 -010
The Police Department has reviewed the Project Review Request for the Panini CafC located
at 2421 East Coast Highway, which is a current retail shop called Orient Handel. Per the
plans submitted by Planet Designs Incorporated and the Project Description submitted by
representatives of Panini Cafe, the Cafe will have a total interior area of approximately 3,712
square feet with a net dining area of approximately 800 square feet (including an outdoor
patio of approximately 160 square feet). The total seating for the public dining areas will be
approximately 48 seats. There will be no dancing or live entertainment.
The applicant has supplied information regarding his intent to apply for a Type 41 license
(On -Sale Beer & Wine Eating Place) with the Department of Alcoholic Beverage Control. On
July 17, 2007, 1 contacted Roxie Cooley, a representative for Panini Cafe. They intend on
transferring their existing Type 41 license, which will include all the conditions previously
approved, to the new location.
We have included a report by Crime Analyst Paul Salenko that provides detailed statistical
information related to calls for service in and around the applicant's place of business. This
report indicates that this new location is within an area where the number of crimes is at least
75% higher than the average of all reporting districts in the City as outlined in the City Council
per capita average of ABC licenses.
Applicant History
Per the Project Description report supplied by the applicant, and conversations with Roxie
Cooley, Panini Cafd is a full - service, high turnover eating and drinking establishment that also
offers retail items. They specialize in European and Mediterranean cuisine. 85% of the
business revenue is generated from food service, while 15% of the business revenue is
generated from the sale of beverages, alcoholic and non - alcoholic. Panini Caf6 is currently
located at 2333 East Coast Highway and is looking to relocate to a larger building that can
better accommodate their catering business. Panini Caf6s are located in La Jolla and
Beverly Hills.
I
M
Panini Cafe
UP2007 -010
Page 2 of 3
Burns 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 proposed hours of operation will be from 7:00 am to 9:00 pm Sunday thru Wednesday,
and 7:00 am to 10:00 pm Thursday thru Saturday.
Securl
Due to the location of the cafe being in an area where the number of crimes is 75% more
than the average of all reporting districts in the City, the Police Department would like the
applicant to develop a security plan designed to ensure compliance with applicable state and
local laws, the conditions of the ABC license, the use permit, and other such permits issued
by the City. This plan must be approved by the Police Department prior to final approval.
Employee Trainlna
Require all owners, managers and employees serving and/or 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
The Police Department has no objection to the operation as described by the applicants. For
the purposes of this application, staff may also want to consider establishing conditions that
would require a Special Event Pen-nit. A Special Event Permit may 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. It may also be
appropriate to establish conditions that would address possible future uses in the event this
business evolves towards a Vaditional bar -type establishment.
In addition, the Police Department believes the following conditions would be appropriate for
the Conditional Use Permit for the business:
�q
Panini Cafe
UP2007 -010
Page 3 of 3
1. Approval does not permit the premises 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. No alcoholic beverages shall be consumed on any property adjacent .to the licensed
premises under the control of the licensee.
3. No "happy hour" t,;(pe of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
4. 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.
5. 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.
6. 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.
7. There shall be no dancing or live entertainment allowed on the premises.
If you have any questions, please contact me at (949) 644 -3709.
Detective Doug Jones
Vice and Intelligence Unit
0
City of Newport Beacn
Police Department
Memorandum
July 17, 2007
TO: Rosalinh Ung, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Panini Hospitality
Group at 2421 East Coast Hwy. This area encompasses our reporting district (RD) number
44 as well as part of Census Tract 627.01. This report reflects City of Newport Beach crime
data for calendar year 2006, which is the most current data available.
Calls for Service Information
City wide there was 65,876 calls for police services during this time, of which 4,545 were in
RD 44. A "call for service" is, any contact of the police department by a citizen which results
in the dispatching of a unit or causes the contacted employee to take some sort of action,
such as criminal investigations, alarm responses, traffic accidents, parking problems, and
animal control calls, etc.
Crime Information
There were 6,676 crimes reported to the Newport Beach Police Department during this
period. Of this total, 3,075 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
3,601 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,803.22 per 100,000 people. The national Part One crime rate was 4,063.4* per
100,000 people.
Crimes RD 44 Newport Beach California*
National*
Part 1 184 3,075 1,390,709
11,556,854
Part 2 195 3,601 N/A
N/A
Part 1Crime Rate 3,293.95 3,803.22 3,848.95
3,898.94
The number of active ABC licenses in this RD is 25 **
Per capita ratio 1 license for every 223 residents.
This reporting district had a total of 379 reported crimes as compared to a City wide
reporting district average of 174 reported crimes. This reporting district is 205 crimes or
117.72% above the City wide reporting district average.. This location is within an area where
the number of crimes is at least 75% higher than the average of all reporting districts in the
City as outlined in the City Council "K -7" policy. This location is within an RD that is over
the Orange County per capita average of ABC licenses * *. 46
Arrest Information
There were 32 DUI arrests and 33 Plain Drunk arrest in this area during this same period as
compared to 1,285 for the entire city. This RD amounts to 5.06% of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests
RD 44
Newport Beach
California*
National*
(DUI/Drunk)
65
1,285
N/A
N/A
Total Arrests
179
3,456
1,457,151
9,579,611
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD-4?-and RD %V3q
Q3
Crimes
RD 43
RD 39
Part 1
33
301
Part 2
41
330
Crime Rate
3,095.68
34,677.42
Arrests (DUI/Drunk)
15
82
Total Arrests
53
236
Calls For Service
1,054
4,677
Number of active ABC licenses
7 **
38 **
Per capita ratiol license for every
152 **
23* residents.
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 80,800.
*These numbers are from the 2005 Uniform Crime Reports, which is the most recent edition.
* *The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document. As of May 1, 2003 the Orange County average of
active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a
population of 2,846,289)
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
c6!;L
Reporting Districts
Newport Beach Ponce Department 34 c
P O�
Effective July 1, 2003 �q
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618
CRYSTAL COVE � :. CS7ATE PCOVE
Mlles STATE PARK x
EXHIBIT 6
PARKING (USE)
AGREEMENT WITH
4CRC -GE
0
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20
- - - RECEND BY
PLANNINt4 tAPAWIMEN't
USE AGREEKENT AUG 24 2007
This Agreement ( "Agreement ") is made and entered into as of August 1, 200`RYPRN WW EACH
GE CORP (hereafter "OCRC-GE ") , a Nevada Corporation and Coast M Investments, In dba anini Cafe, a
Nevada corporation (hereafter Panini Cafe).
!.Premises. OCRC -GE grants to Panini CaR and upon all of the conditions set forth in this Agreement, a
limited right to use a portion of the real property located at 7 Corporate Plaza, Newport Beach, California
92660, consisting of four (4) un- designated parking spacca located on the premises. (the "Premises ").
2 -Term. The term (the "Term ") of this Agreement shall be for a period of five (5) years commencing on upon
the date Panini Cafe obtains a certificate of occupancy to occupy and operate its restaurant business 2421 East
Pacific Coast Highway, Corona del Mar, California and ending sixty months after commencement, along with a
sixty month (Option Term) option to renew this Use Agreement provided Panini Cafe is not then in default of
any term of this Agreement and gives notice in writing to OCRC-OE of its intention to exercise its option not
later than three months nor earlier than sixth months before the time the option period is to commence.
3-Fee. Panini Cafe shall pay to OCRC -GE a fee (the "Fee ") for the use of the Premises in the amount $1,000
per month in advance, on the I st day of each month during the Tenn and during the Option Term.
4.Usc. Cafe Panini shall use the Premises only for parking related to the conduct of its restaurant business
located at 2421 E. Pacific Coast Highway, Corona del Mar, California.
S.Condition of Premises. Cafe Panini accepts the Premises in the condition existing as of the date of this
Agreement, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations
governing and regulating the use of the Premises. including any and all applicable business and park association
rules.
6 Liability Insurance. Cafe Panini and any contractor of Cafd Panini utilizing the Premises including. without
limitation, any valet service employed by Cafd Panini shall, at their own expense, obtain and keep in force
during the Term a policy of Combined Single Limit Bodily Injury and Property Damage insurance insuring Cafe
Panini against any liability arising out of the use of the Premises and all areas appurtenant thereto by Cafd
Panini or any of its contractors. Such insurance shall be a combined single limit policy in an amount not less
than $2,000,000 and shall name OCRC -GE, Inc. as additional named insured.
7. Indemnity. Cafe Panini shall indemnify and hold harmless OCRC -GE from and against any and all claims
arising in whole or part, from Cafe Paninl's use of the Premises, or from the conduct of Cafe Panini's business
or from any activity, work or things done, permitted or suffered by Cafe Panini In or about the Premises or
elsewhere.
S. Defaults. The occurrence of any one or more of the following events shall constitute a material default and
breach of this Agreement: (a)'rhe failure by CaR Panini to pay the Fee or any other payment required to be
made by Cafe Panini, as and wben due, where such failure shall continue for a period of ten (10) days after
written notice from OCRC -GE to Cafe Panini; (b) The failure by Cafe Panini to observe or perform any of the
covenants, conditions or provisions of this Agreement to be observed or performed by Cafe Panini , other than
described in paragraph (a) above, where such failure shall continue for a period of ten () 0) days after written
notice from OCRC -GE to Cafa Panini, provided, however, that if the nature of the default is such that more than
ten (10) days are reasonably required for its cure, then Ca£@ Panini shall not be deemed to be in default if Cafe
Panini commenced such cure within said 10-day period and thereafter diligently prosecutes such cure to
completion. (0
0
9. Remedies, In the event of any such material default or breach OCRC -GE may, at any
time hereafter, with or without notice or demand terminate Parini Cafe's right to use the Premises by any lawtid
means, in which case this Agreement shall terminate without prejudice to its right to collect from Panini Cafd
any Use Fee earned to the point of termination or enforce any other right or claim hereunder. Paragraph 7:
Indemnity shall survive any such termination hereunder,
August 1, 2007 Coast M investments, Inc,, a Nevada
corporat P ini afi
q8e 5
by: Mike Rafipoor, its President
OCRC -GE, Ine., a Nevada
O I e,wu co-ff
1-61
M
DECLARATION OF IGOR OLENICOFF
RE AUTHORITY TO ISSUE PARKING USE AGREEMENT
1, Igor Olenicoff, declare as follows;
1. 1 am over the age of eighteen years, and I know the facts 1 state below of my own first
hand knowledge. If called and sworn as a witness I could and would testify competently thereto.
2. I am the principal officer of OCRC -GE CORP., a Nevada corporation, which owns
that certain real property commonly known as 7 Corporate Plaza, Newport Beach, California,
and I am authorized to make this declaration in its behalf.
3. OCRC -GE CORP. has duly authorized the use of four (4) of its owned parking spaces
at 7 Corporate Plaza, Newport Beach, California, by Coast M Investments, Inc., dba Panini
Caf6, pursuant to that certain Use Agreement, dated August 1, 2007, by and between these
parties. A copy of said agreement is attached hereto as Exhibit "A ".
4. OCRC -GE CORP is the owner in fee of the parking spaces it has contracted for use to
Panini Cafd and may do so free of the rights and claims of any third party. The spaces OCRC-
GE CORP is licensing to Panini Cafd under its Use Agreement are exclusive to Panini Cafd and
have not been leased or their usage promised to any other party.
I declare under the penalty of perjury that the foregoing is true and correct, and that I
have executed this declaration in Newport Beac rnia on AuM 2 , 2007.
VI
Igor C71en
M�
in,
ADDENDUM TO USE AGREEMENT DATED AUGUST 1, 2007
This Addendum to the Use Agreement, executed as of August 1, 2007 by and between Coast M.
Investments, Inc., a Nevada corporation, dba Panini Cafe and OCRC -GE, Inc., a Nevada
corporation is made this September 6, 2007, in order to amend the number of parking spaces
reserved for use by Coast M Investments, Inc. under the terms of this agreement by increasing the
number from 4 (four) spaces to 10 (ten) spaces. All other terms and conditions of the Use
Agreement which is attached to this Addendum as Exhibit "A" remain unaltered and in full force
and effect. OCRC -GE, Inc. hereby certifies it has the right and authority to enter into this Use
Agreement and Addendum without the necessity of the approval of any other parties.
Dated: September 7, 2007
Coast M Investments, Inc., a Nevada
corporation, db mi Ca%Aq
iM CV-
by: by: Mike-RaWoor, its President
OCRC -GE, Inc., a Nevada
corporation
01
C�
nil
EXHIBIT 7
LETTERS IN
OPPOSITION
WD
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ql
Page 1 of 2
Ung, Rosalinh
From:
Lepo, David
Senn
Wednesday, August 29, 2007 1:26 PM
To:
'mmorgan13 RR'; Gardner, Nancy
cc!
bhillgren @cox.net; Ung, Rosalinh
Subject: RE: Public Notice PA2007 -063 Panini Cafe
Mr. and Ms. Morgan:
I received your cornments on the Panini Cafe application. Your points are well -taken and will be reflected in the
staff report we submit to the Planning Commission on this application. Rosalinh Ung is the project planner on this
application and can be reached at (949) 644 -3229 if you have questions or additional comments. Thank you for
taking the time to let me know your thoughts on this project.
David Lepo, Director
Planning Department
City of Newport Beach
(949) 644 -3228 w (949) 644 -3229 f
From: mmorgan13 RR [mailto :mmorganl3 @roadrunner.com]
Sent: Tuesday, August 28, 2007 9:53 PM
To: Gardner, Nancy
Cc: Lepo, David; bhillgren @cox.net
Subject: Public Notice PA2007 -063 Panini Cafe
We just received notice that Panini's (a restaurant we all enjoy) has plans for an outdoor dining area,
and more parking offsite at 7 Corporate Plaza (that is across PCH off Avocado where the Wells Fargo
Bank is located!) How they will get the cars parked back and forth across PCH will be a concern. Our
assumption is that there will be valet parking ( ?), which will most probably not be allowed on PCH. That
means it will be within the alleyway behind the restaurant. The Begonia to Carnation alleyway already
has the congestion of valet parking from Bungalows and Rothchild's. These alleys are not designed for
valet parking and the traffic that entails, and is compounded by valets using our neighborhood streets
for their overflow parking, which sometimes includes the red zones.
In addition, the Wine Gallery/tasting shop has doubled in space and, due to the type of business, more
parking will be required. This means we will have more early morning to late night noise, congestion
and parking of patrons and workers for Ruby's, Panini's new space, Rothchild's, Bungalow's, the
coming Crow Bar and Kitchen (locating in the old Garlic Joe's Restaurant building,) then maybe yet
another restaurant in the old Panini's space within our 2 -block neighborhood!
For Acacia and Begonia residents, there are also Eagle laundry patrons and others using the
residential alleys as a public route, and there is a gap -gate directing traffic from Begonia into the
alleyway that funnels toward Acacia or ... the residents' garages alleyway. Many times, the alleys and
streets are blocked by cars parking illegally, and it is amazing the number of headlights and noise that
come from the alleyways. We can't imagine what it will be like when that number is doubled or tripled
with the added traffic, especially with all the hustle and bustle of valet service for Panini's, Rothchild's
and Bungalows funneling traffic onto Begonia.
Neighbors have been awakened late at night by patrons of the area restaurants .... and later, by workers
leaving the restaurants. Then, early mornings (sometimes 5:30a.ml) service and delivery trucks are
08/29/2007
Page 2 of 2
unloading and waiting on the restaurant staff to arrive. Dumpsters from the PCH restaurants and
businesses are located right beside /under some residential windows and doors, and because most are
out in the open, they are regularly used by "everyone." Trash is always around and under dumpsters,
which creates environments for rats/varmints to multiply. We all pick up litter every day from the
workers and patrons of area businesses.
We would like the Planning Commission and City Council to realize that there are dozens of houses
and residents affected by these decisions. We have increasing concerns about the traffic patterns,
area business patrons using the residential alleys as thoroughfares, increased noise levels and
increased number of service trucks and garbage dumpsters coming into our already crowded
neighborhood. So much for the residents enjoying our lovely little neighborhood atmosphere, but our
main concern is that our property values may be affected by all the increased congestion!
John and Margaret Morgan
709 Begonia Avenue
CDM
No virus found in this outgoing message.
Checked by AVG Free Edition.
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�2)
08/29/2007
Page 1 of 2
Ung, Rosalinh
From: Lepo, David
Sent: Wednesday, August 29, 2007 1:28 PM
To: 'Ron Saienni';'mmorganl3 RR'; Gardner, Nancy
Cc: bhillgren @cox.net; Ung, Rosalinh
Subject: RE: Public Notice PA2007 -063 Panini Cafe
Mr. Saienni:
Thank you for taking the time to let me know of your concerns. I will make sure that the Planning Commission
considers your comments before taking action on this application. Rosalinh Ung, Associate Planner, is managing
this project and can answer any questions or receive additional comments you may have.
David Lepo, Director
Planning Department
City of Newport Beach
(949) 644 -3228 w (949) 644 -3229 f
From: Ron Saienni [ma!Ito:resa!ennl @bltmore.com]
Sent: Wednesday, August 29, 2007 7:45 AM
To: 'mmorgan13 RR'; Gardner, Nancy
Cc: Lepo, David; bhillgren @cox.net
Subject: RE: Public Notice PA2007 -063 Panini Cafe
Nancy,
I called last week and voiced my concems and you returned my phone call —thank you.
I have the same ongoing concerns as the Morgan's and will be out of town next week and unable to attend
the Council meeting.
Please be advised that I concur with the potential problems listed below and am against expansion of
restaurants in this area.
Thank you, Ron Saienni
BILTMORE
COMMUNITIES INCORPORATED
Ronald C. Saienni
RCSaianni9D.hltmore.com
Cell: 949/246 -2546 Ph: 949/675 -5577 Fax: 949/675 -5533
705 Begonia Avenue, Corona Del Mar, CA 92625
From: mmorgan13 RR [mailto:mmorganl3 @roadrunner.com]
Sent: Tuesday, August 28, 2007 9:53 PM
To: gardnerncy @aoi.com
Cc: dlepo @city:newport- beach.ca.us; bhillgren @cox.net
Subject: Public Notice PA2007 -063 Panini Cafe
We just received notice that Panini's (a restaurant we all enjoy) has plans for an outdoor dining area,
and more parking offsite at 7 Corporate Plaza (that is across PCH off Avocado where the Wells Fargo
Bank is located!) How they will get the cars parked back and forth across PCH will be a concem. Our
assumption is that there will be valet parking ( ?), which will most probably not be allowed on PCH. That
means it will be within the alleyway behind the restaurant. The Begonia to Carnation alleyway already
[IF #407 #0117
Page 2 of 2
has the congestion of valet parking from Bungalows and Rothchild's. These alleys are not designed for
valet parking and the traffic that entails, and is compounded by valets using our neighborhood streets
for their overflow parking, which sometimes includes the red zones.
In addition, the Wine Gallery/tasting shop has doubled in space and, due to the type of business, more
parking will be required. This means we will have more early morning to late night noise, congestion
and parking of patrons and workers for Ruby's, Panini's new space, Rothchild's, Bungalow's, the
coming Crow Bar and Kitchen (locating in the old Garlic Joe's Restaurant building,) then maybe yet
another restaurant in the old Panini's space within our 2 -block neighborhood!
For Acacia and Begonia residents, there are also Eagle laundry patrons and others using the
residential alleys as a public route, and there is a gap -gate directing traffic from Begonia into the
alleyway that funnels toward Acacia or ... the residents' garages alleyway. Many times, the alleys and
streets are blocked by cars parking illegally, and it is amazing the number of headlights and noise that
come from the alleyways. We can't imagine what it will be like when that number is doubled or tripled
with the added traffic, especially with all the hustle and bustle of valet service for Panini's, Rothchild's
and Bungalows funneling traffic onto Begonia.
Neighbors have been awakened late at night by patrons of the area restaurants .... and later, by workers
leaving the restaurants. Then, early mornings (sometimes 5:30a.mi) service and delivery trucks are
unloading and waiting on the restaurant staff to arrive. Dumpsters from the PCH restaurants and
businesses are located right beside /under some residential windows and doors, and because most are
out in the open, they are regularly used by "everyone." Trash is always around and under dumpsters,
which creates environments for rats/varmints to multiply. We all pick up litter every day from the
workers and patrons of area businesses.
We would like the Planning Commission and City Council to realize that there are dozens of houses
and residents affected by these decisions. We have increasing concerns about the traffic patterns,
area business patrons using the residential alleys as thoroughfares, increased noise levels and
increased number of service trucks and garbage dumpsters coming into our already crowded
neighborhood. So much for the residents enjoying our lovely little neighborhood atmosphere, but our
main concern is that our property values may be affected by all the increased congestion!
John and Margaret Morgan
709 Begonia Avenue
CDM
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y�5
08/29/2007
Page 1 of 1
Ung, Rosalinh
From: AlRon7099 @aol.com
Sent: Thursday, August 30, 2007 2:31 PM
To: Ung, Rosalinh
Subject: Notice PA2007 -063
Dear Sir or Madam:
Please let this email serve as a written issue concerning the application ( #PA2007 -063) of Panini Cafe at 2421
East Coast Highway; Corona Del Mar.
I am an adjacent property owner and have had many occasions that Panini has used my parking lot for its
delivery persons, employees and customers. The pad -locks that secure the parking lot have been cut, and
bollards vandalized. Their delivery persons have damaged adjacent property line wall, my property line walls,
parking safety bollards, and even damaged the grease trap interceptor. They have been a difficult neighbor,
and the "use" of parking in Corporate Plaza and the City Parking lot will be difficult to enforce -will the city be
enforcing the parking? With the modifications to the laws about towing vehicles, I can only see that I will
continue to have my property trespassed upon, vandalized, and with continued problems for towing vehicles of
their employees and invitees from my property.
Cafe Panini was never to have had a full restaurant kitchen in his current location, nor service of Breakfast,
Lunch and Dinner, but he just installed a kitchen, expanded his hours of operation, and paid a fine for no
permit, and does as he pleases.
Cafe Panini has 12 parking spaces in his new proposed location, and his food service should be limited to
space that utilizes that number of spaces -no more.
Thank you for your attention on this matter.
Sincerely,
Allyson Bolin - Presta, property owner
2325 East Coast Highway and 710 Acacia
Corona Del Mar
Get a sneak peek of the all -new AOL.com,
08/30/2007
q(p
to
Dear Planning Commission,
Re: Protect the residents of Corona Del Mar
I can't park my car.. .
I'm /we are against the issuance of any further
restaurant permits between the blocks of Avocado and Carnation on PCH in
Corona Del Mar.
This will further impact the parking in our neighborhood
E denv the
Signed,
SW -A k12 kab
cress
Please Sign and
The City Plan
oast
Name
Fax /Scan -Email this form and send to:.
ier and City Council Member below
Rosalinh Ung
City Planner
rung@city-newport-beach.ca.us
P# 949.644.3208
F# 949.644.3229
Nancy Gardner
City Council Member for CDM
aardnemcv(a)-aol.com
P# 949.735.8229
F# not available email only
Dear Planning Commission,
Re: Protect the residents of Corona Del Mar
can't park my car...
I'm /we are against the issuance of any further
restaurant permits between the blocks of Avocado and Carnation on PCH in
Corona Del Mar.
This will further impact the parking in our neighborhood
c
Address
it
Name
LO
I
M
Please
Sign
and Fax /Scan -Email this
form and send to:
The
City
Planner
and
City Council
Member
below
Rosalinh Ung
City Planner
runa(a�city.newport -beach ca us
P# 949.644.3208
F# 949.644.3229
Nancy Gardner
City Council Member for CDM
aard nerncy(a)-aol .co m
P# 949.735.8229
F# not available email only
0.l�
Dear Planning Commission,
Re: Protect the residents of Corona Del Mar
I can't park my car...
I'm /we are against the issuance of any further
restaurant permits between the blocks of Avocado and Carnation on PCH in
Corona Del Mar.
This will further impact the parking in our neighborhood
for
Signed,
Signature
Address Phone
4719
Please
Sign
and Fax /Scan -Email this
form and send to:
The
City
Planner
and
City Council
Member
below
Rosalinh Ung
City Planner
rung(a�city.newport -beach ca us
P# 949.644.3208
F# 949.644.3229
Nancy Gardner
City Council Member for CDM
gardnemcv@aol.com
P# 949.735.8229
F# not available email only
C�x
Dear Planning Commission,
Re: Protect the residents of Corona Del Mar
can't park my car...
I'm /we are against the issuance of any further
restaurant permits between the blocks of Avocado and Carnation on PCH in
Corona Del Mar.
This will further impact the parkinq in our neighborhood
EASE deny the permit for Pannini Cafe at 2421 East Coast
Signed,
QI
nt Name
Shy I�L Na6a mp,-
Please
Sign
and Fax /Scan -Email this
form and send to:
The
City
Planner
and
City Council
Member
below
Rosalinh Ung
City Planner
rung (c�city.newgort -beach ca us
P# 949.644.3208
F# 949.644.3229
Nancy Gardner
City Council Member for CDM
gardnerncvCcDaol.com
P# 949.735.8229
F# not available email only
`bb
,
3
F
To the Newport Beach Planning
Commission:
To the Newport Beach City Council:
I am/we are against the issuance of any further
restaurant permits that include liquor serving
Privileges between the blocks, of Avocado and
Carnation on PCH in Corona del Mar. There are
TEN EXISTING sites and it is unconscionable to
ask residents to accept an ELEVENTH.
PL 4SE den the erm
Protect t ? residents of Corona del Mar.
pHnt name
print name
re/epumne (optional) lGl
DATE
.-t�:) , O
D
\b �
1�x
Dear Planning Commission,
Re: Protect the residents of Corona Del Mar
I can't park my car...
I'mlwe are against the issuance of any further
restaurant permits between the blocks of Avocado and Carnation on PCH in
Corona Del Mar.
This will further impact the narking in our neiahborhood
it for Pannini Cafe at 2421 Ea
Please
Sign
and Fax /Scan -Email this
form and send to:
The
City
Planner
and
City
Council
Member
below
Rosalinh Ung
City Planner
runaacity .newnork- beach.ca.us
P# 949.644.3208
F# 949.644.3229
Nanoy Gardner
City Council Member for CDM
oardnern- gy @aol.co:m
P# 949.735.8229
F# not available email only
4
X02.
Dear Planning Commission,
Re: Protect the residents of Corona Del Mar
I can't park my car...
I'm /we are against the issuance of any further
restaurant permits between the blocks of Avocado and Carnation on PCH in
Corona Del Mar.
This will further impact the parking in our neighborhood
EASE deny the permit for Pannini Cafe at
Signed,
Print
Please
Sign
and Fax /Scan -Email this
form and send to:
The
City
Planner
and
City Council
Member
below
Rosalinh Ung
City Planner
rungCaD-citv.newport -beach ca us
P# 949.644.3208
F# 949.644.3229
Nancy Gardner
City Council Member for CDM
gardnemcvCc)-aol.com
P# 949.735.8229
F# not available email only
�p3
U
Dear Planning Commission,
Re: Protect the residents of Corona Del Mar
can't park my car...
I'm/we are against the issuance of any further
restaurant permits between the blocks of Avocado and Carnation on PCH in
Corona Del Mar.
This will further impact the parking in our neiahborhood
PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway
Signed,
Please
Sign
and Fax /Scan -Email this
form and send to:
The
City
Planner
and
City
Council
Member
below
Rosalinh Ung
City Planner
runa0citv.newnort -beach ca us
P# 949.644.3208
F# 949.644.3229
Nancy Gardner
City Council Member for CDM
g_srdnerncv0aol.com
P# 949.735.8229
F# not available email only
1.64
Dear Planning Commission,
Re: Protect the residents of Corona Del Mar
can't park my car.. .
I'm /we are against the issuance of any further
restaurant permits between the blocks of Avocado and Carnation on PCH in
Corona Del Mar.
This will further impact the parking in our neighborhood.
PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway
Signed,
I
I
Please
Sign
and Fax /Scan -Email this
form and send to:
The
City
Planner
and
City Council
Member
below
Rosalinh Ung
City Planner
rung cDcitv.newport- beach.ca.us
P# 949.644.3208
F# 949.644.3229
Nancy Gardner
City Council Member for CDM
gardnerncy(cD-aol.com
P# 949.735.8229
F# not available email only
Dear Planning Commission,
Re: Protect the residents of Corona Del Mar
can't park my car...
I'mWo are against the issuance of any further
restaurant permits between the blocks of Avocado and Carnation on PCH in
Corona Del Mar.
This will further impact the parking in our neighborhood.
PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway
Signed,
M
M
Please
Sign
and Fax /Scan -Email this
form and send to:
The
City
Planner
and City
Council
Member
below
Rosalinh Ung
City Planner
rung titv.newport- beach.ca.us
P# 949.544.3208
F# 949.644.3229
Nancy Gardner
City Council Member for COM
gardnernM a gol.com
Pty 949.735.8229
F# not available email only
� pp
'J ' f
i
To the Newport Beach planning
Commission:
To the Newport Beach City Council:
I am/we are against the issuance of any further
restaurant permits that include liquor serving
Privileges between the blocks, of Avocado and
Carnation on PCH in Corona del Mar. There are
TEN EXISTING sites and it is unconscionable to
ask residents to accept an ELEVENTH.
PL ASE en the emit.+
Protect the residents of Corona del Mar.
w'^
i /.
sigrnatureW
Print name
I
5,
signature(s) printname
DaTE
'r 744phcm (Optional)ALt IZ 3 -p 01, ? (c) `6l
V
Donald R. Lawrenz
President
September 10, 2007
Ms. R. Ung
Newport Beach
City Hall
Planning Department
3300 Newport Blvd.
Dear Ms. Ung:
PENSION ADMINISTRATORS, INC.
RECEIVED BY
PLANNING DEPARTMENT
SEP 13 2007
CITY OF NEWPORT BEACH
RE: PA2007 -063, Application of Panini Hospitality Group located at
2421 E. Coast Highway; OP2007 -001, OD2007 -006, UP2007 -010
I am the owner of the property at 2435 E. Coast Highway, Corona del Mar adjoining to the
subject property. I also currently lease my "after 5" parking lot to the owner of the Bungalow
restaurant and this lease runs to 2009.
I wish to. enter. my comments and objections to the proposed change from a retail
carpet store into a casual use restaurant with alcohol.
I have a hard time understanding how the City can put 4 casual use restaurants, with 3 of the
restaurants serving alcohol, in such a small area abutting directly to an R4 residential area.
Frankly there is inadequate parking for the 3 restaurants currently located there. While the
applicant does provide some underground parking, it is inadequate for the customers and
employees that would be, using the facility.
Additionally, the outside dining proposal would be a problem. My property has had encounters
with two car collisions with motorists coming off MacArthur and failing to navigate the turn onto
the Coast Highway. One of the collisions closed our storefront for several months. Certainly
subjecting casual diners to fumes, dirt and possible altercations with impaired drivers and
vehicles is not in anyone's best interest.
I understand that this application PA2007 -063 will continue to the 9120 meeting and I ask that
these. comments be entered into the report for this meeting.
V truly yours,
Donald -R: Lawrenz, President
Pension Administrators, In c.
CC: Mike Isaacs,.Realonomics `b
ox
2505 McCabe Way • Irvine, CA 92614 -6243
::- .tanorara�aan..:Fhr,raeoi 7ae_ioxn._
THIS PAGE
DEFT BLANK
INTENTIONALLY
X61
"t
EXHIBIT 8
LETTERS OF
SUPPORT
a
THIS PAGE
LEFT BLANK
INTENTIONALLY
Page 1 of 1
Ung, Rosalinh
From: Ayoub[ilovejadea@sbcglobal.net]
Sent: Sunday, September 02, 2007 11:47 PM
To: Ung, Rosalinh
Subject: Relocation of panini cafe
Hi Mr. Ung,
We support the new location for the new restaurent Panini cafe.
Bill and Abby.
CDM Residents
Ala'
09/05/2007`
Page 1 of 1
Ung, Rosalinh
From: Ayoub [ilovejade @sbcglobal.net]
Sent: Sunday, September 02, 2007 11:47 PM
To: Ung, Rosalinh
Subject: Relocation of panini cafe
Hi Mr. Ung,
We support the new location for the new restaurent Panini cafe.
Bill and Abby.
CDM Residents
N\3
09/05/2007 7"�
Page 1 of 1
Ung, Rosalinh
From: Sralpert@aol.00m
Sent: Monday, September 03, 2007 3:44 PM
To: rrung @cit.newport- beach.ca.us
Subject: Re: Panini Cafe
Dear Ms. Ung,
I think one of the best restaurants in the entire area is PANINI. I have been a loyal patron since
they opened, and enjoy their breakfast, lunches and dinners. I am constantly taking out of
towners there, meet friends and business associates at the cafe and enthusiastically am awaiting
the opening of an expanded PANINI's at the former location of Orient Handel Carpet Shop.
My support is totally in favor in the approval of their application for relocation.
Susan Alpert
336 Morning Canyon Road
CDM
(949) 644 -4797
Susan Alpert
President, International Travel Incentives, Inc.
1921 East Carnegie, Suite 3H
Santa Ana, CA. 92705
Telephone: (949) 757 -0490
Fax: (949) 757-0926
susan@intemationaltravelincentives.com
www_intemation. altravelincentives.com
Get a sneak peek of the all -new AOL.com.
`A
09/05/2007
Page 1 of 1
Ung, Rosalinh
From: eliasfam@aol.com
Sent: Monday, September 03, 2007 8:31 AM
To: Ung, Rosalinh
Subject: Panini Application
Dear Ms. Ung: As residents of Corona del Mar for 37 years, we are asking that you approve
the plan for Panini's restaurant to relocate to the former Orient Handel rug store. Thank you so
much
The Bernard Bleichman Family
1321 Seacrest Drive
Email and AIRS finally together. You've gotta check out free AOL.M.al!
09/05/2007
Ung, Rosalinh
From:
Michele Nasraway [MNasraway @vdbp.com]
Sent:
Monday, September 03, 2007 9:33 PM
To:
Ung, Rosalinh
Subject:
Panini Cafe relocation
Dear Ms. Ung
Please accept my request to support the Panini Cafe relocation to the former Orient Handle
Carpet Shop. Panini Cafe is a great local establishment that those of us who live in the
area relish. It would be great if they had a larger venue to accommodate those of us who
eat there regularly.
Sincerely,
Michele Nasraway
Michele Nasraway
Co- Executive Producer
America's Funniest Home Videos
(310)442 -5600
mnasraway @vdbp.com
1
T
Page I of 1
Ung, Rosalinh
From: Richard Plat [richard- plat @sbcglobal.net]
Sent: Tuesday, September 04, 2007 4:01 PM
To: Ung, Rosalinh
Subject: Panini Cafe
Dear Rosalinh,
What a great replacement Panin will make for the prior Orient Carpet Shop. This restaurant has become a Corona
del Mar tradition for local residents who enjoy the good food and personnel at Pan in. I walk to this restaurant at
least once a week, it is a perfect distance for me to walk. The owners have done a great job of improving the
appearance and service but the present space is just too small for their growing business and they need more
room that the prior carpet store will provide. Penin provides a popular priced restaurant which does not compete
with the higher priced restaurant in the blocks surrounding it and is an attractive addition to the Corona del Mar
business community. I see no reason why their application should not be approved and strongly urge you to
support the application for relocation as a service to the Corona del Mar community.
Thank you,
Richard Plat
2027 Bayside Drive
>L� l
09/05/2007
Oral - Facial Design Center, LLC
Robert R. Winter, DDS
2429 w. coast highway, suite 210
newport beach, ca 92663
phone 949.548.0980
fax 949.574.0017
Robert R. Winter
DDS
Prosthodontist
September 4, 2007
Rosalinh K Ung
City of Newport Beach
Dear Ms. Ung:
We are writing in support of the relocation of Panini Cafe from its current location to the former
Orient Handle Carpet Shop. Panini Cafe is a wonderful restaurant that serves healthy food at a
reasonable price. It is a great place to take a family or guests from out of town. There are
frequently lines of people waiting for tables during lunch, dinner, and on weekends. The larger
location will assist in accommodating clients, and the parking will be much more convenient than
what is currently available.
Please do not hesitate to contact us if you have any questions or concerns.
Sincerely,
Robert and Bobbi Winter
8 Via Coralle
Newport Coast, CA 92657
949 - 500 -7590
1��
Page 1 of 1
Ung, Rosalinh
From: bsmith @sagecreditcompany.com
Sent: Tuesday, September 04, 2007 2:35 PM
To: Ung, Rosalinh
Subject: Panini Cafe!
Ples;se approve their application for their new spot. They run a great clean establishment and are a benefit to
CDM and that area.
Brad Smith
Branch Manager
Sage Credit Company
13 Corporate Plaza, Suite 120
Newport Beach, CA 92660
Main Phone: 866- 698 -5150 Ext. 302
Direct: 949- 734 -4961
Cell: 310 - 666 -7865
Fax: 949 - 335 -0087
www.sagecreditcompany.com
A member of the Better Business Bureau and the Mortgage Bankers Association
This message contains confidential information and is intended only for the Individual named. If you are not the named addressee you should
not disseminate, distribute or copy this e-mail. Please notify the sender Immediately by e-mail If you have received this e-mail by mistake and
delete this e-mail from your system. It is simply not possible to guarantee that any e-mail transmission is secure or error -free in that
Information can be Intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept
liability for any errors or omissions in the contents of this message, which arise as a result of this c -mal! transmission. If verification of this e-
mail or any part thereof is required please request a hard -copy version.# #disclaimed ##
`lick
09/05/2007 N_
Ung, Rosalinh
From: Laura Curran [lauracurran @mac.com]
Sent: Tuesday, September 04, 2007 10:11 AM
To: Ung, Rosalinh
Subject: Support for Panini Cafe Expansion
Ms. Ung: I am writing in Support of the Panini Cafe Expansion plan.
Thank you
Laura Curran
Corona del Mar, CA
`b
M
Page 1 of 1
Ung, Rosalinh
From: Sally Buschek Isbuschek @cox.net]
Sent: Tuesday, September 04, 2007 8:52 AM
To: Ling, Rosalinh
Subject: NEW PANINI APPLICATION
Ladies & Gentlemen:
I support the approval of New Panini Application to relocate to formerly Orient Handle Carpet Shop.
Sally Buschek
41 Calvados
Newport Coast 92657
ka\
09/05/2007 _ -
Page 1 of 1
Ung, Rosalinh
From: OH HOGI E @aol.com
Sent: Tuesday, September 04, 2007 4:56 PM
To: Ung, Rosalinh
Subject: Panini relocation
As a resident of Newport Beach and a frequent customer of Panini's Cafe, I can only say what a fine eatery it
has become. The quality of products and the level of service are second to none. It's hard to find a restaurant
that offers value anywhere in the Newport area but that is exactly what Panini accomplishes. Please accept
this as a letter of support for the relocation of the current restaurant to the new proposed one being the old
Orient handle carpet shop. Thank you for your consideration ... Roger and Cathie Hogan 1 greens bluff,
newport beach.
Get a sneak peek of the all -new AOL.com.
`aa
09/05/2007
Ung, Rosalinh
From:
Margaret Crull [peggy @terraceswine.com]
Sent:
Wednesday, September 05, 2007 3:04 PM
To:
Ung, Rosalinh
Subject:
Panini Public Hearing -Sept 6
We support the relocation of Panini's to its new location, formerely
Orient handle Carpet Shop, on Coast Hwy.
Margaret and Timm Crull
1024E Balboa Blvd
Newport Beach, CA
Ia�5
MRSM
Page 1 of 1
Ung, Rosalinh
From: David Collins (dcinus@roadrunner.com]
Sent: Wednesday, September 05, 2007 2:41 PM
To: Ung, Rosalinh
Subject: Panini Support
Dear Rosalinh,
We support the approval of Panini to relocate to formerly Orient handle Carpet Shop.
Thanks,
David Collins
1615 Bayadere
Corona del Mar, CA 92625
09/05/2007
Page I of I
Ung, Rosalinh
From: Dana Wall [danaleewall 1 @yahoo. com]
Sent: Wednesday, September 05, 2007 6:14 PM
To: Ung, Rosalinh
Subject: Panini Cafe - support approval of new location
Hello Rosalinh M. Ung,
I would like to support the proposed move of Panini Cafe in Corona del Mar to the new location
formerly "Orient Handle Carpet Shop" which is a few doors down from the existing Panini location.
My fiance and I are loyal patrons of Panini Cafe and we go there about once per week. It is one of the
best restaurants in Newport Beach and Corona del Mar. They would benefit greatly from a larger space
for their restaurant and I am very excited about a new location nearby with more room and the ability for
the owner to have even more ambiance and space than what they already have.
Please add Dana Wall and Vincent Piras to your list of supporters for the approval of the new Panini
location. This public hearing is scheduled for Thurs. 9/6 @ 6:30 pm. I will be there if I can but wanted
to at least send an email with my support.
Sincerely,
Dana L. Wall and Vincent J. Piras (loyal patrons of Panini Cafe)
Warm Regards,
Dana
Building a website is a piece of cake.
Yahoo! Small Business gives you all the_tools_to..get online,
Na15
09/06/2007
Ung, Rosa[Inh
From: Yvette Brown [ybrown @xpromos.com]
Sent: Wednesday, September 05, 2007 6:31 PM
To: Ung, Rosalinh
Subject: Panini relocation
Hello Rosalinh
I am a Corona del Mar resident (Larkspur) who frequents Panini in its current location. I
would appreciate you supporting their application to relocate within the village, as this
will allow more customers to enjoy their fabulous cuisine and hospitality. Thank you for
providing your support.
Regards
Yvette Brown
Sent via B1ackBerry - a service from Cingular Wireless.
Una, Rosalinh
From:
Greg Cleveland [gjcbase @cox.net]
Sent:
Wednesday, September 05, 2007 8:20 PM
To:
Ung, Rosalinh
Subject:
Panini Cafe relocation
Dear Ms. Ung,
I support the proposed new location of Panini Cafe and urge approval of
their relocation application. Panini Cafe is a wonderful part of Corona
del Mar and the new location will make the neighborhood even better.
Thank you,
Greg Cleveland
112 Villa Point Drive
Newport Beach, CA 92660
�� 1
Page 1 of 1
Ung, Rosalinh
From: Roger McKinnon [Roger @rogersrealtyinc.com]
Sent: Thursday, September 06, 20079:05 PM
To: Ung, Rosalinh
Subject: Panini's Application to Relocate
Ms. Rosalinh Ung,
My wife Diane and I have enjoyed, for some time, the very unique life style which Corona del Mar continues to
offer all its residents. We have lived in Corona del Mar in excess of 50 years, own both commercial and
residential properties in CdM and have operated a business on PCH for more than 35 years. Our entire family
fully supports the applicant's effort to re- locate Panini's Restaurant to the parcel on PCH at the end of MacArthur
Boulevard, previously known at the Orient Handel rug store. We respectfully request that you have this e-mail
read at the forth coming public hearing scheduled for Thursday, September 28th at 6:30pm., as we are required to
be out of the state at that time.
Sincerely,
Roger McKinnon
09/07/2007
VII
FW: Panini Cafe
Ung, Rosalinh
From: Mark Susson [Mark @smithandsusson.com]
Sent: Thursday, September 06, 2007 5:32 PM
To: Ung, Rosalinh
Subject: FW: Panini Cafe
Via E -Mail
Rosalinh M. Ung
City of Newport Beach
3300 Newport Beach Blvd.
Newport Beach, CA 92663
Dear Ms. Ung:
Page 1 of 1
It is my understanding that a public hearing is scheduled for tonight Thursday, September 6, 2007 at 6:30 p.m. to discuss the
application of Panini Cafe to open a new restaurant at the location on Coast Highway which was formerly the Orient Handle
Carpet Shop.
As a resident of Newport Beach since 1968, I wish to offer my thoughts regarding the restaurant. Having grown up in the
development known as Granville, located less than one mile from the proposed restaurant location, I am very familiar with
the area. After practicing law for nearly 20 years in Santa Ana, I relocated my office to Newport Center and ultimately
relocated my home to Granville. One of the reasons for moving my office and purchasing at Granville is the close proximity
to Coast Highway and the ability to walk to many different restaurants and shops.
Over the past several years, my wife and I have grown to enjoy Panini Caf €. We now eat at Panini Caf6 an average of two to
three times a week, sometimes for dinner and sometimes for breakfast. Over the past several years, we have grown to enjoy
Panini as a great place to meet friends. Virtually each and every time we eat there, we run into someone we know and often
times, while we walk to Panini for a nice quiet dinner alone, we wind up eating with friends. I can honestly say that Panini
Caf6 is the top restaurant on our list and our first choice for dining out most mornings and evenings.
I think Panini Cafe is a tremendous asset to the community as it provides a great meeting spot for local people, is easy to get
to, it is within walking distance for many, it caters to a local crowd and is a family friendly atmosphere (as compared to many
of the restaurants in Newport Beach which appear to center around drinking and dating).
I think that the new location under consideration for Panini Cafe should be approved as it would cause the restaurant to
become an even greater asset to the community. Presumably, the new restaurant would serve more people, provide
additional parking and would be designed from the ground up so as to be more efficient and more user friendly.
Should you have any questions, please feel free to contact either me or my wife. We are both practicing attorneys in the
community and can be reached easily. My cellular phone number is (714) 925 -8090 and my wife, Dana, can be reached on
her cellular phone and that number is (714) 925 -8092. We can also be reached by e-mail. My e-mail address is
Mark @SmithandSusson.com and my wife's e-mail address is DanaSusson@cox.net.
Thank you.
Very truly yours,
SMITH & SUSSON, LLP
MARK SUSSON
MS:pm
`9l
09/07/2007 j
Page 1 of 1
Varin, Ginger
From: Wood, Sharon
Sent: Thursday, September 06, 2007 11:01 AM
To: Lepo, David; Varin, Ginger
Subject: FW: Comments and Questions from the Web
Please send to Planning Commission.
From: Malkemus, Paul
Sent: Wednesday, September 05, 2007 5:08 PM
To: Wood, Sharon
Subject: FW: Comments and Questions from the Web
FYI
From: intemetwebuser [mailto:ihternetwebuser]
Sent: Wednesday, September 05, 2007 4:14 PM
To: Malkemus, Paul
Subject: Comments and Questions from the Web
We would hope that our city of Newport beach will look favorably upon the Panini Restaurant application to move
into the vacant Orient Handle Carpet store. Panlni is the only middle priced family restauant in our City - CoCos
and Ruby's are more Coffee Shop then restaurant and not in that catagory. Panini needs the extra space the
vacant store provides plus the additional off street parking. We have now lived and eaten in our City for 35 years
and an enlarged Panini would not only enhance our City's ambiance but it would do so without creating any
property or parking problems. Thank you. Iry ? Ellie Burg, 2301 Bayside Dr.
from IRVING & ELEANOR BURG
Email: ixburg @roadrunner.com
Sent at 9/5/2007 4:13:35 PM
13Ib
09/06/2007
Ung, Rosalinh
From:
phyllis mandel [mandels @cox.net]
Sent:
Thursday, September 06, 2007 9:18 AM
To:
Ung, Rosalinh
Subject:
Panini's
Hello,
2 support the application for Pan
ini to move to it's new location.
Phyllis Mandel
`31
Page 1 of 1
Ung, Rosalinh
From: Dick Millar [millar@mhblaw.net]
Sent: Thursday, September 06, 2007 9:40 AM
To: Ung, Rosalinh
Subject: Application of Panini Cafe to relocate to`Orient Handle building
My wife and I are long time patrons of Panini Cafe and we wholeheartedly support its relocation to the former rug
store site. Unfortunately, we learned too late that there was a public hearing tonight and will be unable to attend
but wanted to express our views. We cannot imagine what the opposition could be or how it could possibly have
any merit.
Richard W. Millar, Jr.
Millar, Hodges & Bemis
1301 Dove Street, Suite 900
Newport Beach, California 92660
949- 752 -7722
Fax 949- 752 -6131
CONFIDENTIAL
This communication is intended for the use of the individual or entity to which it is addressed and may contain
information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this
communication is not the intended recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received this in error please delete and notify us
immediately.
l3a
09/06/2007
Page 1 of 1
Ung, Rosalinh
From: Steve Brown [sbrown@liferight.com]
Sent: Friday, September 07, 2007 1:44 PM
To: Ung, Rosalinh
Subject: Panini
Rosalinh,
I know this sis late but were hoping Panini gets its approval. We love it and love staying local to eat!! IM Have a
great weekend!
Stephen T Brown
PRESIDENT /COO
LIFERIGHT HOLDINGS, INC.
949 706 5050 OFFICE
714 242 1875 FAX
\33
09/07/2007
Page 1 of 1
Ung, Rosalinh
From: Brady Butcher [ bbutcher @cablecapitalventures.com]
Sent: Friday, September 07, 2007 2:25 PM
To: Ung, Rosalinh
Subject: Support of Panini Cafe
Rosalinh, I am writing you in support of Panini CaWs move to a new location, a few doors south of its existing
location. I am a loyal customer of Panini's and entertain clients on a regular basis. While I understand the
resistance from neighboring businesses due to parking demands, I urge you and your council to give approval for
the move. Parking is an issue in CDM no matter where you are located. I feel the city should do all it can to
support growing businesses and Panini Caf6 is one of them.
Sincerely,
Braden G. Butcher
Cable Management Company
711 W. 17th Street, Unit C -7
Costa Mesa, CA 92627
(949) 706 -7137 direct
(949) 706 -7126 fax
bbutcher @cablecv.com
X34
09/07/2007
Ung, Rosalinh
From: JohnHyatt @aol.com
Sent: Friday, September 07, 2007 12:45 PM
To: Ung, Rosalinh
Subject: RE: Our town and 30 years of observations
John & Elaine Hyatt
7 Jade Cove
Corona del Mar, CA 92625
949-644 -70$7
September 5, 2007
To Whom It May Concern:
I am writing this letter in reference to past, present and future changes in the Village of Corona
del Mar.
My wife and I have been residents of Corona del Mar for thirty plus years and have seen many
modifications.
It appears as though there has been a movement geared away from family -style restaurants and more toward
bar -type environments, which contributes to sidewalk smoking crowds and less of the family dining
restaurants, like CaM Panini offers. We often frequent this restaurant and love the food and
service we receive.
We understand that the owner of Panini s would like to move to the intersection of MacArthur and PCH. He
has recruited Mr. Bill Edwards, of Planet Design, to do their architectural design. Mr. Edwards is an
exceptionally talented architect. We are very familiar with his projects and believe this will add a jewel to the
location, as well as revenue to the city, once it is completed.
Please consider this project as a worthwhile community improvement.
Sincerely,
John Hyatt
MIS Board of Directors,
Government Political Affairs Committee,
Professional Standards Committee,
Newport Beach Economic Development Committee
61
09/07/2007 s
Page 1 of 1
Ung, Rosalinh
From: Lori March [lorim_harrisC3hotmail.comj
Sent: Saturday, September 08, 2007 10:39 AM
To: Ung, Rosalinh
Subject: Yes on Panini Cafe Move
We currently live on Heliotrope Avenue and are frequent patrons of Panini Cafe. We are very much in favor of
them moving to this larger venue. We feel parking will really be no different than what it already is, most of the
locals walk over anyway, and the need for the larger space is very obvious. We would hate for a quality cafe
such as Panini to move out of CEV due to lack of support in this issue.
Lori and Robert March
Make your little one a shining star)S.hine.on!
�3�
09/11/2007
Page I of 1
Ung, Rosalinh
From: Shapstwo @aol.com
Sent: Saturday, September 08, 2007 9:39 AM
To: Ung, Rosalinh
Subject: Panini Application to Relocate
We support the approval of the NEW PANINI APPLICATION to RELOCATE TO THE OLD
ORIENT HANDLE CARPET STORE. We can not attend the Sept. 20 hearing as we will be
out of town.
Thank you,
Barbara Shapiro
Richard Shapiro
2122 Colony Plaza
Newport Beach 92660
See what's new at AO .com and Make AOL Your Homeoace.
`31
09/11/2007
Panini Cafe
Ung, Rosalinh
From: Calvin J. Coatsworth [calc @ccarchitects.com]
Sent: Sunday, September 09, 2007 7:13 PM
To: Ung, Rosalinh
Subject: Panini Cafe
Rosalinh
Page 1 of 1
We are residents of CdM at 515 Goldenrod and we support the approval of necessary permits to allow Panini Cafe to
relocate.
Thanks!
Cal, Rhonda and Alison Coatsworth
09/11/2007
\�0
1
Ung, Rosalinh
From: Katy Lewis [katylewis@mac.com]
Sent: Sunday, September 09, 2007 4:27 PM
To: Ung, Rosalinh
Subject: Cafe Panini
Ms. Ung,
I wanted to write to you regarding the relocation of Panini Cafe. I
am very much in support of the move!! Panini is a wonderful business
and has worked hard over the years to grew a supporting base of loyal
customers.
I know the move will be successful and I know that Panini will
continue to serve great food for many years to come...
Thank you for your time and consideration,
Katy Lewis
1
13�
Page 1 of 1
Ung, Rosalinh
From:
Seycpc @aol.com
Sent:
Sunday, September 09, 2007 11:00 AM
To:
Ung, Rosalinh
Subject: New Panini -Approval
Dear Rosalinh,
I hope this email isn't too late.
My husband and I have been going to Panini on PCH for several years and we are very excited about their
possible move and we would like to express our support for this move.
Thnaks.
Chet & Patricia Houston
90 Old Course Drive
NB CA 92660
See what's new at AQ .com and Make AOL Your Homepege.
09/11/2007
Page 1 of 1
Ung, Rosalinh
From: Bill Frank [imagepartners @sbcglobal.netj
Sent: Monday, September 10, 2007 10:18 AM
To: Ung, Rosalinh
Subject: Panini Cafe
Dear Ms. Ung,
First, I would like to thank you for taking the time to open my e-mail. As a Newport Beach resident, I
would like to express my support for Panini Cafe to move their business to the new location. Panini
Cafe has been a long term asset to Newport Beach. They have consistently offered a a very friendly
environment serving good healthy meals and I believe that the city and community should support
them. The new location seems ideal for them and seems to have even better parking. I'm sure that the
restaurant and their customers will continue to be considerate to the neighborhood.
Kind Regards,
Bill Frank
`LO
09/11/2007
Page 1 of 1
Ung, Rosalinh
From: Earle Zucht [ezucht @yahoo.com]
Sent: Monday, September 10, 2007 11:34 AM
To: Ung, Rosalinh
Subject: Support of Panini Application Approval
Rosalinh,
I am writing you to pledge my support to the Panini Application to relocate in Corona del Mar.
I have no affiliation or business relationship with Panini or any other businesses in Corona del Mar.
I am writing as a resident and patron of many local restaurants and businesses in our community.
I have seen the drawing of the new expanded Panini and I believe it will enhance the CDM experience
which we all love.
Respectfully,
Earle Zucht
1530 Dolphin Terrace
Corona del Mar, CA. 92625
949 - 887 -4892
09/11/2007
Page 1 of 1
Ung, Rosalinh
From: Lisa Riedmiller [Iisa@dedmiller- associates.com)
Sent: Monday, September 10, 2007 2:04 PM
To: Ling, Rosalinh
Subject: Panini
Hi. I'm writing to offer my support for Panini's application to relocate to what was formerly the Orient Handle
Carpet Shop.
Thank you,
Lisa Riedmiller
(949) 721 -0327
6
09/11/2007
Page 1 of 1
Ung, Rosalinh
From: Cgrega5l@aol.com
Sent: Monday, September 10, 2007 7:12 PM
To: Ung, Rosalinh
Subject: Support Panini's move
Dear Ms. Ung
I live in Aliso Viejo and drive to Panini's at least twice a week, usually for lunch of breakfast on the weekend.
There is often a wait because of the size of the current establishment.
I support Panini's move to the old Carpet shop. What an improvement this will be. And actually, having more
space will allow them to serve more efficiently, and move people during busy hours. This will actually cut down
on cars circling.
Feel free to call me with any questions.
Thank You
Greg Autry
(949) 643 - 5081
See what's new at AOL.co and Make AOL Your Homepaae.
f
09/11/2007
Page 1 of 1
Ung, Rosalinh
From:
Briggs, Janice Obriggs @uci.edu]
Sent:
Monday, September 10, 2007 9:54 PM
To:
Ung, Rosalinh
Subject: Panini Application
Dear Ms. Ung,
We fully support the approval of the new Panini Restaurant application to relocate to the former site of Orient
Handel Carpets. This is a wonderful neighborhood restaurant that is family friendly and serves our community
well.
Janice Briggs
***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
The CaWalgn to Transform Health Care
Janice Tavera- Briggs
Senior Director of Development
University Advancement —Health Sciences
School of Medicine
252 Irvine Blvd.
Irvine, CA
949 824-0166
bri s@uciedu
"Dance as if no one were watching, sing as if no one were listening and live every day as if it were your last."
`A5
09/11/2007 �=
Page 1 of 1
Ung, Rosalinh
From: LAyers@lucescurealty.com
Sent: Tuesday, September 11, 2007 8:48 AM
To: Ung, Rosalinh
Subject: Support
Ms. Ung,
2 support the move of Panini Cafe from its current location to the former Orient
Handle Carpet Shop location in Corona del Mar.
We eat at your restaurant most Saturday nights and look forward to continuing to
enjoy the restaurant at its new location.
Kind regards,
Lindsay Ayers, Esq.
310- 709 -0355
1 tY'
09/11/2007
Una, Rosalinh
From: Gostanian, Christine Ichristine.gostanian @pimco.com]
Sent: Tuesday, September 11, 2007 8:35 AM
To: Ung, Rosalinh
Subject: Panini Cafe relocation
Ms. Ung,
I fully support the move of Panini Cafe from it's current location to the former Orient
Handle Carpet Shop location in Corona del Mar.
If I can be of any further help, please do not iesitate to contact me.
Kind regards,
Christine Cawthon
31 year resident of Newport Beach
This message contains confidential information and is intended only for the individual
named. If you are not the named addressee, you should not disseminate, distribute, alter
or copy this e -mail. Please notify the sender immediately by e -mail if you have received
this e -mail by mistake and delete this e -mail from your system. E -mail transmissions
cannot be guaranteed to be secure or without error as information could be intercepted,
corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender,
therefore, does not accept liability for any errors or omissions in the contents of this
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required, please request a hard -copy version. This message is provided for information
purposes and should not be construed as a solicitation or offer to buy or sell any
securities or related financial instruments in any jurisdiction.
)AI
Page 1 of 1
Ung, Rosalinh
From: crystalover@aol,com
Sent: Tuesday, September 11, 2007 9:52 AM
To: Ung, Rosalinh
mom
Dear sirs,
I certainly support the position of the restaurant owners Panini. They are a great addition to the dining
experience in CDM and Newport. I have lived in Newport beach for 40 years and dine out frequently.
Sincerely,
Tonia Gostanian
mom
Email and AIM finally together. you've gotta check out free AOL Mail!
09/11/2007
,q D
Page 1 of 1
Ung, Rosalinh
From: Harriet Harris lhharris88 @cox.net]
Sent: Wednesday, September 12, 2007 11:39 AM
To: Ung, Rosalinh
Subject: Parini application to relocate
We are customers of Parini for over 10 years and we enjoy dining there for breakfast, lunch and dinner. When
we first started, we lived in Corona del Mar and we walked there to get exercise as well as be rewarded with a
delicious meal. Currently, we live in Newport Coast, but we drive to our old home in Corona del Mar and park and
walk to Parini. We think that many customers are accustomed to walking from the local neighborhoods.
One of the most important aspects of making a community beneficial is attractive eating establishments.
Currently, Corona del Mar has too many other commercial enterprises and not enough places to enjoy a nice
meal.
We hope you will allow Parini to expand to the new location. We are lending our support to this fine restaurant
and believe that it will enhance the community and actually alleviate traffic.
Thank you for your consideration.
Bill and Harriet Harris
09/12/2007
Page 1 of 1
Ung, Rosalinh
From: Gene Nalbandian [gene @jardiniercorp.com]
Sent: Wednesday, September 12, 2007 4:21 PM
To: Ung, Rosalinh
Subject: Panini
Rosalinh,
As a long time Patron of the Panini Resturant, I fully support their move to the antiquated
Oriental Rug store. I understand the parking issues in CDM, but I feel this can be resolved with
in conjunction with you City Planners. I live in Laguna Beach and lived on the the Penisula for
10 years and Panini is still one of my most frequented restaurants.
Sincerely,
Gene Nalbandian
President and CEO
7ardinier Corporation
16520 Harbor Blvd., Suite F
Fountain Valley, CA 92708
Phone: (714) 241-4200
Fax: (714) 241-4203
WMY jardiniercorp com
011
09/13/2007
Page 1 of 1
Ung, Rosalinh
From: Kelly Stassel [kstassel @pgppartnersinc.00ml
Sent: Wednesday, September 12, 2007 6:53 PM
To: Ung, Rosalinh
Cc: DStassel @aol.com
Subject: Panini Cafe
Hello Ms. Ung,
We ask that you please support and allow for the Panini Cafe to relocate to the former Orient Handle
Carpet Shop. My husband and I have been a resident of Corona del Mar our entire lives and we have
no direct connection with the restaurant other than a loyal customer enjoying the great food and
atmosphere. We frequent the Panini Cafe at least once per week and have always enjoyed the fresh
food. It would be a great benefit to the community if they could expand and offer the consumer a
larger and more compatible location.
We are excited and fully support the new location. We hope you will, as well.
Thank you for your consideration,
Kelly Stassel
Vice President
PGP Partners, Inc.
21068 Bake Parkway, Suite 200
Lake Forest, CA 92630
949.206.1200, x 505 1 949.421.0989 fax
www—.p—gppartmraUIc.com
An Eye For Value
09/13/2007
X51
September 11, 2007
Dear Mr. Lepo,
I am writing in support of Panini Cafe's proposed plan to move to a new location
As a wheelchair user of 26 years and a member of the City of Newport Beach's Building and Fire
Code Board of Appeals, I have been very impressed with the effort the city staff has taken to
ensure compliance with the Americans With Disabilities Act. I have great respect for the
excellentjob that the Building Department has done to ensure accessibility in places in Newport
Beach that are difficult to bring into compliance.
For the past few years my family and I have been very satisfied patrons of Panini Caf6 on Pacific
Coast Highway in Corona del Mar. The Italian/Mediterranean food is very healthy, fresh and
deliciously prepared. The staff is friendly and courteous, always providing very prompt and
excellent service. Panini Cafe's prices are extremely reasonable. This restaurant is an asset to the
City of Newport Beach. It is the kind of business establishment that the city should encourage..
The bathrooms at Panini Cafe's current location are not only inaccessible to wheelchairs, but also
inaccessible to many clients with limited physical abilities since the restroom facilities are located
outside the restaurant and up a long flight of stairs. There is no elevator. The upstairs bathroom
is also shared with other building tenants. The condition of the bathroom has been described as
"gas station" quality.
The owner of Panini Cafe, Mike Rafipoor, seeks to move to a new location a few doors down the
street from his current location. As the owner of the building at the new location, Mike will have
restrooms that are wheelchair accessible, well maintained, and client friendly.
Residents near Panini Cafe may be concerned about parking and noise if the cafe moves to a new
location; however, the square footage for patron seating at the new location is actually smaller
than that at the current location, so there will be no actual increase in number of customers or
traffic associated with the restaurant. In fact, there will be more parking spots available at the new
location than there are at the old location. You have suggested that Mike locate a few off site
parking places. Mike has already secured 10 off site parking places. The on site parking places
are underneath the building and should result in less noise than parking spaces nearer to Corona
del Mar residents' homes.
As a Newport Beach resident and wheelchair user, I strongly urge the Planning Commission to
approve Panini Cafe's application to move to its new location. The many satisfied customers of
Panini Cafe will be grateful for the improvement.
Sincerely,
Bob Yant
2113 Seville Avenue
Newport Beach, CA 92661
949 673 -8474
��a
Page 1 of 1
Ung, Rosalinh
From:
Stuart Orr [stu- orr @cox.net]
Sent:
Thursday, September 13, 2007 8:57 PM
To:
Ung, Rosalinh
Subject: Parini Application
To Rosalinh M. Ung,
My wife and I are regular patrons of the Panini Cafe in Corona del Mar. The cafe is quite popular and
often very crowded. We would like to let you know that we support their application to relocate to the
formerly Orient handle Carpet Shop several doors down from their current location. The space is larger
and would serve them and their patrons much better.
We ask that you approve their application. Thank you for your consideration in this matter.
Sincerely, Stuart and Gail Orr
t63
09/14/2007
Page I of 1
Ung, Rosalinh
From: Ricky Gilman [ericagil @cox.net]
Sent: Friday, September 14, 2007 9:04 AM
To: Ung, Rosalinh
Subject: Panini relocation
Please approve the application of Panini Restaurant to relocate into the former Orient handle Carpet Shop. This
is a wonderful, local restaurant which is very popular with all the locals and tourists. Thank you, Erica Gilman,
erica it .cox.net.
1 ��
09/14/2007
Ung, Rosa[[nh
From: Laura Curran [lauracurran @mac.com]
Sent: Friday, September 14, 2007 11:37 AM
To: Gardner, Nancy; Robert C. Hawkins; Ung, Rosalinh
Subject: Panini Plan - Like it
Greetings.
I want to express my support for the Panini project to be built in
the Orient Handel building. He is willing to invest in the area, and
I welcome that. He has a track record of welcoming the community.
Reasons:
Attractive, affordable restaurant, with breakfast, lunch, and dinner,
and vegetarian options.
Frequented by many locals, who WALK to eat there.
Bungalow, Oysters, Gulfstream, etc are GREAT assets, and I go there,
but they are high end. They are attract the nightclub crowd (or
whatever you call it - I'm not that hip.) who tend to be
the speedy drivers on Carnation and nearby streets.
Increased outdoor dining, in a better configuration than the current
loc. Could.be a welcoming site to folks entering CdM, encouraging
them to think about dining in CdM al fresco.
Building has extensive parking underground. I don't recall if the
gate was ever unlocked with Orient Handel, but it could be a real
asset to the resto, and the surrounding businesses, for example, if
he has a share agreement with the Wine Gallery, and the other nearby
shops.
Thank you for continuing to work with the neighborhood to enhance the
mix of restos and shops.
Laura Curran
t 55
EXHIBIT 9
SUBMITTED PLANS
\5�
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LEFT BLANK
INTENTIONALLY
51
PANINI CAFE
CORONA DEL MAR, CA.
A CUSTOM COMMERCIAL. RESTAURANT RENOVATION / EXPANSION
rrtLE sNEEr
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ATTACHMENT E
WRITTEN PUBLIC
COMMENTS RECEIVED
FOR CITY COUNCIL
HEARING
0
Message
Ung, Rosalinh
From: Robert C. Hawkins [rhawkins @earthlink.net]
Sent: Monday, October 29, 2007 10:21 AM
To: markdsimon @roadrunner.com; Gardner, Nancy; Kiff, Dave; Henn, Michael; Webb, Don;
edselich @adelphia.net; Curry, Keith; Rosansky, Steven; Daigle, Leslie;
scott.peotter@taxfighter.com; bhillgren @cox.net;jeff.cole @cushwake.com;
eaton727 @earthlink.net; strataland @earthlink.net
Cc: Lepo, David; Varin, Ginger; Ung, Rosalinh; Alford, Patrick
Subject: RE: Panini Cafe
Greetings,
Page 1 of 2
Thank you for your comments on this project. As you know, the Planning Commission has already
approved this application. As you may have seen in the Daily Pilot, Ms. Gardner has called it up for
review to the City Council. You have forwarded your comments to them. By this email, I am
forwarding your comments to the Planning Department for inclusion in the administrative record on this
project. Thanks again. RCH
Robert C. Hawkins, Esq. (SBN 144906)
Law Offices of Robert C. Hawkins
110 Newport Center Dr., Ste. 200
Newport Beach, California 92660
ph: 949 650 5550
fax: 949 650 1 181
mobile: 949 500 1232
e -mail: rhawkins@earthlink.net
This e-mail message and any attachments are confidential and may be attomey- client privileged. If you
are not the intended recipient, please notify the Law Offices of Robert C. Hawkins by telephone (949)
650 5550 or by e-mail at rhawkins(a).earthlink.net, and destroy the original and all copies and/or versions
of this message and any attachments.
- - - -- Original Message---- -
From: Mark D. Simon [mailto:markdsimon @roadrunner.com]
Sent: Monday, October 29, 2007 10:16 AM
To: gardnerncy @aol.com; dkiff@city.newport- beach.ca.us; mhenn527 @hotmail.com;
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Subject: Panini Cafe
Dear Planning Commissioners and Council People,
We live four blocks from the Panini Cafe in Corona del Mar and eat there regularly. Most
times the Cafe is full and it is difficult to get a seat. Current parking is extremely limited.
The Cafe is primarily a high end sandwich shop that serves beer and wine. It is not a
"night on the town, let's go drinking" kind of place. They only serve beer and wine. It
,(A
10/29/2007
Message
Page 2 of 2
can't be compared to Oysters, the Bungalow Rothschild's and the former Garlic Joes all
of which are with in a two blocks walk and all of which serve hard alcohol.
We are in favor of Panini's move to the old Orient Handel location. There will be more
parking and more seating making it more convenient for local residents. Since they are
only moving two blocks, the change in traffic patterns and impact on the neighborhood is
insignificant.
Please approve their move.
Thanks,
U4106 & 5; aUj " Stca "
V(949) 872 - 8322
F(949) 675 - 2156
www.MarkDS!mon.com
2420 First Avenue
Corona del Mar, CA 92625
\Ib
10/29/2007
Page .1 of 1
Ung, Rosalinh
From: Catherine Turkel[mcturkel @cox.net]
Sent: Saturday, October 27, 2007 2:25 PM
To: Ung, Rosalinh
Subject: In support of Panini Cafe relocation
Dear Ms. Rosalinh Ung,
My husband and I have lived in Newport Beach for more than 10 years. The Panini Cafe is exactly the
type of business that has attracted us to this area. It is a comfortable restaurant that serves excellent
food in an environment that feels exactly like a neighborhood establishment should. We especially
enjoy this restaurant because it does NOT have a bar and does not attract clients whose primary
reason for being at the restaurant is to drink, instead of eat. We frequently meet friends and neighbors
at this restaurant, but as its' popularity has grown over the years the restaurants' business has also
grown. As a result, there are some evenings that we have to wait a considerable amount of time for a
table. We urge you and the city to approve, a ain, the owner's application for relocating to a larger
location that is only a few steps away. The arguments against this move that are being suggested by
other city residents are ridiculous, in our opinion. This is not an establishment that attracts a boisterous,
rowdy, drinking clientele. The city should be supporting viable, neighborhood friendly businesses. It is
what contributes to the great quality of life we have here in Newport.
Sincerely,
Catherine and Mark Turkel
19 Suprema Drive
Newport Coast, CA 92657
949 - 376 -1809
11\
10/29/2007
Ung, Rosalinh
From:
Charise Cole [ingoditrust @roadrunner.corh]
Sent:
Sunday, October 28, 2007 12:28 PM
To:
Ung, Rosalinh
Subject:
Panini Cafe
Rosalinh Ung,
My husband and I are loyal patrons of Panini Caf6 in Newport Beach. We have
faithfully eaten there for the last three years and call it our "family
favorite ". Their food selection has always been fantastic and the service
prompt. Additionally, the servers go out of their way to make their guests
comfortable including offering alternative choices for those of us with
dietary restrictions.
We realize that we are probably late in sending this out as the hearing was
supposed to have been on September 6th, but we did want to offer our support
to Panini for opening at the proposed new location of the Orient Handle
Carpet Shop. Panini is gaining a large number of consistent patrons and are
now having to have customers wait longer periods of time to be seated due to
the small seating capacity of the restaurant. We do realize that once the
restaurant moves into the larger space it will lose some of its cozy
atmosphere, but it will definitely be to both the city's and their patrons'
advantage to move to a larger facility. It's what my husband and I describe
as a hidden gem of Newport Beach, although it is gaining in popularity
daily.
Thank you for allowing us to express our fondness for this restaurant.
Sincerely,
John and Charise Cole
1 \ ��
October 31, 2007
City of Newport Beach, Planning Commission
3300 Newport Blvd
Newport Beach, Ca 92663
To whom it may concern:
RECEIVED BY
PLANNING DEPARTMENT
NOV 05 2007
CITY OF NEWPORT 1EACH
1 t 161&'
I wish to share my extreme concerns as to the parking situation around the area of 2435
East Coast Highway in Corona del Mar. At the moment the parking situation is at an all
time critical shortage. It is impossible for the demand to be met for customers of all the
tenants in our building. I own the retail store immediately adjacent to the proposed new
restaurant. I will be directly impacted to the point ofpossible closure as I have, with the
existing situation, begun to lose clients due to impossible parking accommodations. I
have been informed it is going to become a great deal more problematic should the
application for the restaurant "Panini's" be approved. They are open for Breakfast,
Lunch, and Dinner. How in the world will the added burden of the increased demand for
parking be met? They do not have adequate parking within their building to even
accommodate their staff, much less customers.
I respectfully request a careful evaluation ofour serious parking problem before you give
final approval for this new application. There is simply no doubt we will all suffer
greatly should this new application be granted. The applicant, as well as the entire
existing tenant base, will be damaged financially to a point offorcing possible closure to
marry businesses that are truly an asset to the Corona del Mar community.
Thank you for your consideration,
Elizabeth Foote
Proprietress
Cc: Keith D. Curry, District of Corona del Mar
Nancy Gardner, Council Person for Corona del Mar
Edward D. Sel ich, Former Planning Commission Member
!73
Sa _f 1 —
THE IRVINE CDM
RETAIL PROPERTI�p F i ?' 13 PH }= 32
November 13, 2007
City of Newport Beach
3300 Newport Blvd.
Newport Beach Ca 92663 -3884
Attn: Honorable Mayor and
Members of the City Council
Re: Case No. PA 2007 -063
Parini Cafe - Newport Beach CA
Dear Mayor Rosansky:
' Ut
As the manager of the Corona del Mar Plaza Shopping Center and on behalf of the tenants of the center, I
am writing with regard to Case No. PA 2007.063. Corona del Mar Plaza is located directly across from the
proposed location at PCH and MacArthur. The center maintains a successful mix of retail stores and
restaurants such as Bristol Farms, Jacks Surf Shop, Tommy Bahama, and Gulfstream. Our parking lot is
consistently busy throughout the day and evening hours. To help manage parking for our customers and
employees, we currently maintain and monitor an employee parking program at our site.
Based upon the staff report regarding the above location, we are concerned about the limited parking
spaces proposed for the restaurant (10 spaces on -site and 12 spaces off -site) and its effect on our already
busy parking lot directly across the street. Once the valet area serving Parini s customers reaches capacity
and a customer cannot find convenient parking available on neighboring streets, the proximity of our parking
lot could serve as an attractive alternative. While we do not have an extensive problem with the patrons of
the existing neighboring businesses using our lot today, we do see it from time to time when customers
choose the Bungalow restaurant as an alternative to one of our restaurants at the center. We have a similar
concern with the employees. These employees will be tasked with parking at the off -site location and
walking across two busy streets to work. With the shopping centers parking lot is significantly closer than
the proposed employee lot, we believe it will be an attractive alternative to those wishing to save time and
effort.
Thank you for your consideration of these issues. While we are not opposed to the restaurant use per se,
we believe that the parking program, if approved, will have limited success, burdening our shopping center
with unintended consequences that will be very difficult for both the applicant and our staff to manage.
Sincerely,
Vonda Rentz
Director of Po olio Operations
cc: Members of city council
100 Innovation Drive, Irvine, California 92617 (949) 720.3100
Norman J. Suker, P.E.
Tel: ( 714) 545 -3538
E-mail: nsukernn,nsa- engineers.eom
November 20, 2007
VIA E-MAIL AND FIRST CLASS MAIL
Honorable Mayor and Members of the City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Use Permit No. 2007 -010, Accessory Outdoor Dining Permit No. 2007 -006 and
Offsite Parking Agreement No. 2007 -001 ( Panini Cafe)
Honorable Mayor and Members of the City Council:
This letter is submitted on behalf of Commercial West Brokerage located at 2443 East Coast
Highway, Corona Del Mar. On November 27, 2007, the City Council will be hearing the appeal
of the Planning Commission's approval of Use Permit No. 2007 -010, Accessory Outdoor Dining
Permit No. 2007 -006 and Offsite Parking Agreement No. 2007 -001 for a new Panini restaurant
at 2421 East Coast Highway. The Commercial West Brokerage supports the appeal and opposes
the new Panini Cafe for the a number of reasons. This letter will only address the parking and
circulation problems with the new Panini Cafe.
This letter is submitted in support of the appeal and in opposition to the new Panini Cafe
location.
OPERATION OF THE EXISTING PANINI CAFE AT 2333 E. PACIFIC COAST HWY.
On Sunday November 18, 2007, between 1:04 and 1:34 PM thirteen dining parties entered the
Cafe and eleven parties exited the Cafe. There were 19 parties of one or two and five parties of
three of four. Therefore about 80% of the patrons come to the Cafe in parties of one or two. The
Cafe at this time was full and they had about 44 seats. From a vantage position across Pacific
Coast Hwy.(PCH) patrons were observed parking on PCH (7), in Ruby's parking lot (3) and the
other patrons headed south.
PROPOSED PARKING AT THE NEW PANINI CAFE, 2421 E. PACIFIC COAST HWY
The new Caf6 will replace a carpet retail store and have a total of 3,820 square -foot full- service,
high turnover eating and drinking establishment with a net public area of only 640 square feet.
The applicant also proposes an outdoor dining area of 160 square feet. City staff has determined
that the applicant is only required to provide 16 on -site parking spaces for the inside seating and
no parking spaces for the outside seating. The City Traffic Engineer has determined that the
existing parking area below the building can accommodate only 12 valet parking spaces with one
of the 12 spaces being a handicapped space. The applicant is proposing to provide ten off -site
parking spaces at 7 Corporate Plaza for employees only.
In order for the applicant's plan to work, all 12 spaces would require all vehicles to have four
patrons, one handicapped, and no one waiting. Since 80% of the existing patrons come in parties
of one or two the plan does not work. It is obvious that 12 customer spaces the City Traffic
Engineer approved cannot accommodate 48 seats (36 seats inside and 12 seats outside).
The problem with not having enough customer parking spaces is that customers will jam up the
public alley behind the Cafe, park in some other commercial parking lot uninvited, park on the
public streets in residential areas or if lucky park on PCH.
The applicant proposes to use the north/south alley from Forth Street as a staging area for
vehicles waiting to enter the Cafe's valet garage and for vehicles exiting the garage. The alleys
in this area are narrow and cannot accommodate two way traffic. This is the major problem for
the Bungalow restaurant because their customers must exit to the east/west alley to get to
Begonia Ave. The Bungalow restaurant valet also uses the north/south public alley to make a u-
turn to enter their parking lot to the south. When Caf6 vehicles occupy the alleys for staging,
gridlock results and the Bungalow valet operation is stopped.
TEN OFF -SITE EMPLOYEE PARKING SPACES AT 7 CORPORATE PLAZA
Pursuant to Section 20.66.080, Off - Street Parking, the planning Commission shall not approve
off - street parking on a separate lot from the site unless:
Such lot is so located to be useful in connection with the proposed use or uses on the site.
The ten parking spaces to be provided to employees is in a parking garage with a solid door. The
employees would be provided with a remote opener. The problem with this arrangement is that
employees would find it inconvenient to use because of the distance from the garage to the Caf6.
When traffic on PCH is light they may take more than seven minutes to walk to the Caf6. When
traffic is heavier, it would take longer. The safety of employees is also an issue, especially
female employees who would have to walk after ten o'clock at night and enter a near empty
parking garage. It is obvious that employees will seek closer and safer parking spaces on PCH,
2
nearby residential areas or the Cafe's parking garage. They would then compete with customers
for these spaces.
It should also be mentioned that when pedestrians cross PCH, they cause problems for traffic on
PCH. Pedestrians are one of the main causes of delay and disruption of traffic signal
synchronization. The applicant would be responsible for any injures suffered by an employee
traveling to and from the off -site parking garage.
This proposed off -site parking plan also violates sections CE7.18 and CLUP 2.9.3 -1 of the
Coastal Land Use Plan which states " Site and design new development to avoid use of parking
configurations or parking management programs that are difficult to maintain and enforce."
Thank you for your consideration of this letter supporting the appeal filed against the new Panini
Caf6 and opposing Use Permit No. 2007 -010, Accessory Outdoor Dining Permit No. 2007 -006
and Offsite Parking Agreement No. 2007 -001.
Sincerely,
Norman Suker and Associates, Inc.
Norman I Suker, P.E.
Civil and Traffic Engineer
RUTAN
ATTORNEYS AT LAW
November 21, 2007
VIA E-MAIL AND FIRST CLASS MAIL
Honorable Mayor and Members of the City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Joel D. Koperberg
Direct Dial: (714) 662 -4608
E -mail: jkuperberg@mtan.com
Re: Use Permit No. 2007 -010, Accessory Outdoor Dining Permit No. 2007 -006 and
Offsite Parking Agreement No. 2007 -001 (Panini Cafe)
Honorable Mayor and Members of the City Council:
This letter is submitted on behalf of Commercial West Brokerage, the owner of the
property located at 2443 East Coast Highway, and The Bungalow restaurant at 2441 East Coast
Highway. On November 27, 2007, the City Council will be hearing the appeal of the Planning
Commission's approval of Conditional Use Permit No. 2007 -010, Accessory Outdoor Dining
Permit No. 2007 -006 and Offsite Parking Agreement No. 2007 -001 for the relocation of the
Panini Cafe to 2421 East Coast Highway. Commercial West and The Bungalow support that
appeal, and oppose the relocation of Panini Cafe to the proposed site, for the following three
independent reasons:
The relocation of the Panini Cafe to this historically retail commercial site is
project that requires CEQA analysis, and is not categorically exempt from CEQA.
The City Council cannot make at least one of the three required findings for the
issuance of a conditional use permit for this project.
The proposed Panini patio does not meet the Newport Beach Code requirements for
an accessory outdoor dining permit.
This letter is submitted in support of the appeal, and in opposition to the Panini relocation
application.
At the outset, it should be emphasized that Commercial West and The Bungalow do not
oppose the relocation of the Panini Cafe because it is an adjacent restaurant use. Their
opposition is not related to any concerns regarding competition from an adjacent food serving
establishment. On the contrary, they strongly believe that restaurants and other commercial uses
help give Corona del Mar the vibrant, exciting "village" feel that make it an attractive location
for both residents and visitors. To this end, Commercial West and The Bungalow support the
location of new and additional restaurants, retail stores and other commercial establishments at
Rutan & Tucker, LLP 1 611 Anton Blvd, Suite 1400, Costa Mesa, CA 92626
PO Box 1950, Costa Mesa, CA 92628 -1950 1 714 - 641 -5100 1 Fax 714.546.9035 1311026439 -0001
Orange County I Palo Alto I www.rutan.com 859455.01 all/21/01
RUTAN
ATTORMFPS AT LA
Honorable Mayor and Members of the City
Council
November 21, 2007
Page 2
appropriate locations in Corona del Mar. However, they oppose the Panini relocation at the
proposed location due to specific concerns regarding documented environmental impacts and
because the proposed site cannot accommodate this type of use. The evidence, both in the form
of the staff analyses and communications from residents, demonstrates that the relocation of
Panini to the intersection of MacArthur and East Coast Highway would cause significant adverse
parking and traffic circulation impacts to The Bungalow, other businesses at that location and
their customers, and the residents who live in the immediate neighborhood.
I. THE PANINI RELOCATION DOES NOT QUALIFY FOR A CATEGORICAL
EXEMPTION FROM CEQA.
The City staff has determined that the Panini relocation project is categorically exempt
from the California Environmental Quality Act, Public Resources Code section 21000, et seq.
( "CEQA ") under Class 1 (Existing Facilities). However, the project does not meet the criteria
set forth in the State CEQA Guidelines, 14 Cal. Code Regs. § 15000, et seq., for this categorical
exemption. As a result, the City must process either a negative declaration or an environmental
impact report with respect to this proposed project in order to comply with CEQA.
The Class 1 categorical exemption from CEQA is defined in State CEQA Guidelines
§ 15301, and contemplates minor alterations to existing facilities to maintain the same (or
substantially the same) use. Section 15301 provides in pertinent part as follows:
Class 1 consists of 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 beyond that existing at the time of the
lend agency's determination.
(Emphasis added.)
Indeed, section 15301 stresses that "[t]he key consideration is whether the project involves
negligible or no expansion of an existing use." (Emphasis added.)
It bears emphasis that the Panini relocation does not involve "negligible or no expansion
of an existing use," but instead is an entirely dfferent use. As the staff report for the Planning
Commission's consideration of this matter explained, "[t]he building has been occupied by a
retail carpet store, `Orient Handel' for many years," and the "applicant is proposing to convert
the existing retail space to a full service restaurant ..." By converting the structure from a retail
store to a full service restaurant, the impacts to the local community would change significantly.
While retail stores typically generate traffic, with impacts upon parking and circulation, during
normal shopping hours (usually 9:00 a.m. to 6:00 p.m.), full service restaurants impact the
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ATl'OANEYS Al LA®
Honorable Mayor and Members of the City
Council
November 21, 2007
Page 3
community at very different times, normally in the evenings after retail stores are closed.
Because the proposed project entails the relocation of an entirely new restaurant use at an
existing retail store site, the Class 1 exemption under state CEQA Guidelines § 15301 cannot
apply.
In addition, the State CEQA Guidelines provide that categorical exemptions may never
be used if it is likely that an activity will have a significant effect on the environment due to site -
specific circumstances. State CEQA Guidelines § 15300.2(c) provides as follows:
The categorical exemption shall not be used for an activity where there is
a reasonable possibility that the activity will have a significant effect on
the environment due to unusual circumstances.
As explained below, there is substantial evidence — in the form of staff concerns and objections
raised by over three dozen residents of the immediate neighborhood — that the Panini relocation
project would have significant adverse impacts on parking in the area, as well as vehicular traffic
circulation on the streets surrounding the site. These impacts result from the unique physical
circumstances of Corona del Mar. This community comprises small commercial lots with little
onsite parking that front on busy arterial streets, with densely developed residences located on
very small streets immediately behind the commercial uses. Because the evidence before the
City Council demonstrates that there is a "reasonable possibility" that the Panini relocation will
have a significant effect on the environment due to the unusual circumstances in Corona del
Mar, a categorical exemption is inappropriate.
In order to comply with CEQA, the City should conduct an initial study of the proposed
Panini relocation, and then prepare and process either a negative declaration or environmental
impact report based upon the results of the initial study. Given the staff concerns regarding
parking and circulation, and the numerous written and verbal objections raised by neighboring
residents and businesses regarding parking and traffic, a fair argument has been established that
the proposed project may have a significant environmental impact. As a result, CEQA requires
the preparation of an environmental impact report in connection with further consideration of the
proposed Panini relocation.
II. THE DOCUMENTED PARKING AND TRAFFIC CIRCULATION IMPACTS
PREVENT THE CITY FROM MAKING ONE OF THE REQUIRED FINDINGS
FOR THE PANINI RELOCATION CONDITIONAL USE PERMIT.
Newport Beach Municipal Code section 20.91.035(A) requires the City to make three
specific findings in order to approve a conditional use permit. One of those required findings, set
forth in section 20.91.035(A)(2), requires:
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ATTOR9FYS Al LAW
Honorable Mayor and Members of the City
Council
November 21, 2007
Page 4
That the proposed location of the use permit and the proposed conditions
under which would be operated or maintained will be consistent with the
General Plan and the purpose of the district in which the site is located;
will not be detrimental to the public health, safety, peace, morals,
comfort, or welfare of persons residing or working in or adjacent to the
neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city; ...
(Emphasis added.)
The City Council cannot make the finding required in section 20.91.035(A)(2) because the
evidence in the record demonstrates that the acknowledged parking and circulation problems that
would result from the project render it inconsistent with policies in the Circulation Element of
the City's General Plan, and the project would be detrimental to persons living or working near
the proposed Panini relocation.
With respect to the "no detrimental impact" finding requirement, both the staff analysis
and the extensive public input to the Planning Commission demonstrate that, even if it is
assumed that only 16 parking spaces are needed for a 3,820 square -foot full service, high
turnover eating and drinking establishment,) the parking and circulation impacts would have
significant detrimental parking and circulation impacts on neighboring businesses and residents.
The staff report prepared for the Planning Commission's consideration of this project
demonstrates that onsite parking is inadequate. Only 12 onsite parking spaces are available. The
applicant proposes to address the parking requirements by locating 10 spaces offsite for
employees. But, as the Planning Commission staff report explained, "This request could not be
supported by the City Traffic Engineer due to the safety concerns of having parking attendants
and vehicles moving back and forth across the busy Coast Highway."
In addition, the inadequate parking at the site of the proposed Panini relocation would
create significant traffic circulation problems. As the Planning Commission staff report noted:
Staff has concerns with the functionality of the proposed valet parking
operation due to close proximity to the garage entryway. Traffic entering
and exiting the parking garage by the patrons could result in cars queuing
1 This assumption is questionable given that the parking requirement is based on the applicant
proposing to use only 640 square feet of the 3820 square foot facility (or just 16.7% of the
facility) as publicly accessible space. Moreover, no analysis supports the use of a parking ratio
of one space per 40 square feet, rather than one space for each 30 square feet as is common in
highly congested visitor- serving areas. As a result, the evidence does not support a finding that
the project's parking demand can realistically be met by only 16 parking spaces.
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ATTU&FGl'S Al LAW
Honorable Mayor and Members of the City
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November 21, 2007
Page 5
along the alley, while waiting for valet parking services. The circulation
conflicts may happen during peak activity times along the alley that is
already impacted by the nearby businesses.
The City staffs concerns regarding the parking and circulation impacts from the proposed Panini
relocation are confirmed by the numerous comments submitted in writing and voiced at the
Planning Commission hearing by residents and neighboring businesses. The addition of this
proposed restaurant (with its attendant parking demands, inadequate onsite parking capacity and
circulation problems) to this area marked by small internal streets and insufficient on- street
parking, and the high number of restaurants and other establishments that share peak business
hours, would significantly worsen the existing circulation problems and lack of adequate parking
in this portion of Corona del Mar. Accordingly, the evidence simply does not support the
required finding that the Panini relocation "will not be detrimental" to the public health or safety
of persons residing or working in or adjacent to that relocation, or to the properties in the
vicinity.
The proposed Panini relocation also is inconsistent with at least two policies in the
Circulation Element of the City's General Plan. Circulation Element Policy 7.1.1 "Require[s]
that new development provide adequate, convenient parking for residents, guests, business
patrons, and visitors." As previously indicated, based upon the City Traffic Engineer's analysis,
the site will only accommodate 12 onsite parking spaces for the 3,820 square foot restaurant
facility. Both City staff and neighboring residences and businesses have voiced concerns
regarding the inadequate onsite parking. And, as described above, the City Traffic Engineer
cannot support the proposed off - street parking arrangement.
General Plan Circulation Element Policy 7.1.8 requires the City to "Site and design new
development to avoid use of parking configurations or management programs that are difficult to
maintain and enforce." City staff has already documented its concerns regarding the
maintenance and enforcement of the onsite and offsite parking arrangements proposed for the
Panini relocation. As City staff explained in its report to the Planning Commission, "Staff is
concerned with the proposed parking management plan in that it may be difficult to maintain and
enforce." The Planning Commission staff report also includes a review of similar parking
management plans approved by the City that have not been maintained as anticipated, and have
resulted in enforcement problems.
Based upon the parking and circulation problems that would likely result from the
proposed Panini relocation, no evidence supports the City Council's ability to make the finding
required in section 20.91.035(A)(2) that the project is consistent with the General Plan and will
not have any detrimental impacts to neighbors or adjacent businesses. For this reason, the City
Council should not approve the Use Pemit application.
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ATTORNEYS AT LAW
Honorable Mayor and Members of the City
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November 21, 2007
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III. THE PROPOSED PANINI OUTDOOR PATIO DOES NOT MEET THE CITY
CODE CRITERIA FOR AN ACCESSORY OUTDOOR DINING PERMIT.
The Planning Commission staff report indicates that the Panini relocation proposes an
outdoor area as an accessory use under section 20.82.050(A) of the Newport Beach City Code.
However, the proposed patio does not comply with the express requirements of that provision.
Section 20.82.050(A) only applies to applications "to add or expand outdoor dining to an
existing eating and drinking establishment ..." As demonstrated above, the proposed Panini
relocation would not result in "an existing eating and drinking establishment." For many years,
until its recent closure, a retail store occupied the space to which the Panini Cafe seeks to
relocate. 'There is no evidence that this site has ever housed a restaurant or other type of eating
or drinking establishment. The Panini relocation therefore would result in a new restaurant use
at this location. Because the Panini relocation is not an existing restaurant at the relocation site,
no accessory outdoor dining permit may be granted pursuant to Newport Beach Code
section 20.82.050(A).
saa
Thank you for your consideration of this letter supporting the appeal filed against the
Panini Cafe relocation, and opposing proposed Use Permit No. 2007 -010, Accessory Outdoor
Dining Permit No. 2007 -006, and Offsite Parking Agreement No. 2007 -001. Representatives of
Commercial West Brokerage and The Bungalow restaurant look forward to answering any
questions that the City Council may have during the public hearing on this matter on
November 27, 2007.
JDK:t
cc: Phil Berry
Jim Walker
131/026439 -WOO
959455.01 a] 1121107
Very truly yours,
O "RECEIV D AFTER AND
PRINTED:" 11 �-► o
PLANET
DESIGN
(sent via electronic mail & facsimile transmission)
November 27, 2007
Appx. 2:30 PM EST
Mr. David Lepo, Planning Director
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
RE: Request for 60 -day Continuance -City Council Agenda ITEM #12
PA2007 -063; Use Permit #2007 -010;
Accessory Outdoor Dining Permit #2007 -001 &
Offsite Parking Agreement PA2007 -063
REF: Regular City Council Meeting, Agenda Item #12 - Panini Cafe
Tuesday, November 27, 2007 7:00 PM
Dear Mr. Lepo:
As authorized Agents and on behalf of our Client, Applicant Panini Caf6, this is to respectfully request
a sixty (60) day continuance of the above - listed agenda item No. 12, the Appeal of the Panini Cafe relocation
application Planning Commission approval, scheduled for this evening's 7:00 PM meeting. Your kind
acceptance of this request is greatly appreciated and will allow additional time necessary to coordinate the newly
and substantially revised Valet Parking Management Plan and other miscellaneous project elements as well as
certain entitlement issues which have just recently been brought to our attention, and so we would also ask that
you please accept our apologies for this late notice and kindly grant this request.
We would also like to request a meeting with yourself, Rosalinh and Patrick at your offices together with Panini
ownership as well as myself to discuss this most important project and the next steps which may be
implemented.
Mr. Lepo, we sincerely appreciate your cooperation and assistance in this regard in form of your kind
acceptance of this request for continuance. Please contact us upon receipt to confirm and also to advise should
there be any additional information needed at this time as well as others to whom we should forward this
request. Thank you very much, and we look forward to the ultimate acknowledgement and validation of the
Planning Commission's overwhelming approval of the Panini Cafe here in Corona del Mar. „r,
Sincerely Yours, -�
O
Bill Edwards
Principal Architect
WRE /jp
tV i I
CC. Mike Rafipoor, Pres. Collection Investments
Herbert Niermann, Esq. Counsel for Panini Hospitality Group w
Rosalinh Ling, Associate Planner
Patrick Alford, Senior Planner
2435 East Coast Highway Ste. 7 Corona del Mar, CA 92625 Tel: USA 949.721.5500 Fax: 949.721.5502
www.PlanetDesigninc.com Email: wredwardslr,PlanetDesignlnc.com
NOTICE OF RESCHEDULED
PUBLIC HEARING
Panini Cafe
Appeal of Use Permit No. 2007 -010,
Accessory Dining Permit No. 2007 -006, and
Off-site Parking Agreement No. 2007 -001
(PA2007 -063)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on the following item:
An appeal of the Planning Commission's decision for the approval of Use Permit
No. 2007 -010, Accessory Dining Permit No. 2007 -006 and Off -site Parking Agreement
No. 2007 -001 on property located in the .Retail and Service Commercial (RSC) Zoning
District at 2421 E. Coast Highway.
Use Permit No. 2007 -010 would allow the operation of a 3,820 square -foot, full - service
restaurant with a net public area of 640 square feet and the serving of alcoholic
beverages of Type "41" ABC License (On -Sale Beer and Wine Eating Place). Accessory
Dining Permit No. 2007 -006 would allow the operation of a 160 square -foot outdoor
dining area in conjunction with the proposed restaurant. Off -site Parking Agreement No.
2007 -001 would allow off -site parking at 7 Corporate Plaza.
This project has been determined to be categorically exempt under the requirements of
the California Environmental Quality Act under Class 1 (Existing Facilities)
NOTICE IS HEREBY FURTHER GIVEN that said public hearing has been rescheduled
due to a publication error to November 27. 2007, at the hour of 7:00 p.m. in the Council
Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach,
Califomia, at which time and place any and all persons interested may appear and be
heard thereon. If you challenge this project in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice or
in written correspondence delivered to the City at, or prior to, the public hearing. For
information call (949) 644 -3200.
TOSTO AT TM UWDds - II`fr�o1
VMAIWj V DA1W P,0 -1110 /01 ' r
WA40 ' i) p I. I. — il(I�1o1 o 6fo M
fp 5 r% ►Mz r LaVonne M. Harkless, City Clerk
NI,(�
1(11)0'7 City of Newport Beach
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NOTICE OF RESCHEDULED
PUBLIC HEARING
Panini Cafe
Appeal of Use Permit No. 2007 -010,
Accessory Dining Permit No. 2007 -006, and
Off-site Parking Agreement No. 2007 -001
(PA2007 -063)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on the following item:
An appeal of the Planning Commission's decision for the approval of Use Permit
No. 2007 -010, Accessory Dining Permit No. 2007 -006 and Off -site Parking Agreement
No. 2007 -001 on property located in the Retail and Service Commercial (RSC) Zoning
District at 2421 E. Coast Highway.
Use Permit No. 2007 -010 would allow the operation of a 3,820 square-foot, full - service
restaurant with a net public area of 640 square feet and the serving of alcoholic
beverages of Type "41" ABC License (On -Sale Beer and Wine Eating Place). Accessory
Dining Permit No. 2007 -006 would allow the operation of a 160 square-foot outdoor
dining area in conjunction with the proposed restaurant. Off -site Parking Agreement No.
2007 -001 would allow off -site parking at 7 Corporate Plaza.
This project has been determined to be categorically exempt under the requirements of
the Califomia Environmental Quality Act under Class 1 (Existing Facilities)
NOTICE IS HEREBY FURTHER GIVEN that said public hearing has been rescheduled
due to a publication error to November 27, 2007, at the hour of 7:00 p.m. in the Council
Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach,
California, at which time and place any and all persons interested may appear and be
heard thereon. If you challenge this project in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice or
in written correspondence delivered to the City at, or prior to, the public hearing. For
information call (949) 644 -3200.
CUM•A"
LaVonne M. Harkless, City Clerk
City of Newport Beach
OFFICE OF THE CITY CLERK
CITY OF NEWPORT BEACH
3300 Newport Blvd.
Newport Beach, CA 92663
IMPORTANT
PUBLIC HEARING NOTICE
NOTICE OF RESCHEDULED PUBLIC HEARING
Panini Cafe
Appeal of Use Permit No. 2007 -010, Accessory Dining Permit No. 2007 -006, and
Off -site Parking Agreement No. 2007-001 (PA2007 -063)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the following item
An appeal of the Planning Commission's decision for the approval of Use Permit No. 2007 -010, Accessory Dining Permit No. 2007-
006 and Off -site Parking Agreement No. 2007-001 on1property located in the Retail and Service Commercial (RSC) Zoning District at
2421 E. Coast Highway.
Use Permit No. 2007 -010 would allow the operation of a 3,820 square -foot, full- service restaurant with a net public area of 640
square feet and the serving of alcoholic beverages of Type °414 ABC License (On-Sale Beer and Wine Forting Place). Accessory
Dining Permit No. 2007 -006 would allow the operation of a 160 square -foot outdoor dining area. in conjunction with the proposed
restaurant. Off -site Parking Agreement No. 2007 -001 would allow off�ite parking at 7 Corporate Plaza.
This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act
under Class 1 (Existing Facilities)
NOTICE IS HEREBY FURTHER GIVEN that said public hearing has been rescheduled due to a publication error to November 27..
2007, at the hour of 7:00 P.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach,
California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in
court, you may be limited to, raising only those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City at, or prior to, the public hearing. For informa call (949) 64432/00
LaVonne M. Harkless, City Clerk v'
City of Newport Beach
Authorized to Publish Advertisements of all kinds including public notices by
:Decree of the Superior Court of Orange' County, California. Number A- 6214,
September 29, 1961, and A -24831 June 11, 1963-
PROOF OF PUBLICATION
STATE OF CALIFORNIA)'
) ss.
COUNTY OF ORANGE )
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 below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
November 17, 2007
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November 20, 2007 at
Costa Mesa, California.
Signature
?r017 �V 26 fait ! 27
11/06/07 „TUE 18:21 FAX 949 646 5008 DAILY PILOT -LGL DEPT
121001
Dad e Not
CLASSIFIED- r j J J I. i DailyrHot 1. 7 ADVERTISING
nntjz6yy— M Sue anZSKenne7s v8,2bbi '11 pm f
A H 3I Salesperson: HIM,
Ad#29952976 .i
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Addfess 3 09Newporl Blvd. Ratec6deI &Free Additional Week ! I Adtype Liner
92663 N wpottBeach CA , '
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` Publications TCN Daily Pilot
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NOTICE OF
AEiUIEDDIED
KKKHEABN6
PonAe fob
Appeal of use Peratt
Ik 2001 -010,
�' I��J A<resayDillegPmaN
n
No. 2001-006, ad
OH- dHPaIkE10A9reanlrll
k=7-1)(11
(PA2007 -0163)
NOTICE IS HEREBY
GIVEN that the City
Council of the City of
Newport Beach will hold
a public hearing on the
following item:
An appeal of the Plan. de-
cision for the approval
of Use Permit
No. 2007A10. Accessory
would allow the opera-
tion of a 3,829 square -
foot, full- service res
taurant with a net pubic
area of 640 square tact
and the serving of
aicohelic beverages of
006 would allow the
operation of a 160
square- toot outdoor
dining area in conjunc-
tion with the proyosed
restaurant. Off -site
Parking Agreement No.
2007 -001 would avow
oft -site parking at 7
Corporate Plaza.
THIS project has been
determined to be cate-
gorically eaampt under
the requirements of the
California Environmental
Quality Act under Class
1 (Existing Facilities)
NOTICE IS HEREBY
-- atlpropf p9-1 - --
11/06/07 TUE 18:21 FAX 949 646 5008 DAILY PILOT-LGL DEPT
Dan, Not
HO 31
CLASSIFIED
.�:ADVE.RtJS.1NG.
InTgW—MWU—san ants
Salesperson:
Phone:
-.-- -'.'
Ad #29962976
been reschedum one to
a ton err" to
No= 27, 2007, at
the hour of 7.00 m. in
Me Council Chambers of
the Newport Beach City
Hall, 3300 Newport
Boulevard, Newport
Beach. California, at
then
den" delivered to the
City at, or prior to, the
public hearing, For
information call (949)
644-3200.
Lavonne M. Harklass,
City Clerk
City of Newport Beach
Published Newport
Beach/Costs mesa Dail
November N,.eber 17, 2DO;
S2
... ad proof pg. 2
DaflyPflot
H.B.11
U002
459 086 20
Robert Zucker
109 Concord Rd
Longmeadow MA 01106
938 011 44
Thomas & Michelle Chen
42 Woodcrest
Irvine CA 92603
938 012 29
Jacqueline Peters
700 Begonia Ave #B
Corona Del Mar CA 92625
938 014 03
Kathleen McNeill
619 Begonia Ave
Corona Del Mar CA 92625
938 014 23
Craig Kishiyama
3340 Condor Ridge Rd
Yorba Linda CA 92886
938 014 52
Michelle Bohrer
616 Begonia Ave
Corona Del Mar CA 92625
938 015 09
Radonovic
1 Observatory
Newport Coast CA 92657
938 010 01
Kirwan
615 Carnation Ave
Corona Del Mar CA 92625
938 011 45
Richard Angel III
617 Carnation Ave
Corona Del Mar CA 92625
938 013 07
Harold Dewsnap
621 Carnation Ave
Corona Del Mar CA 92625
938 014 04
Ross Morales
619 1,�Begonia Ave
Corona Del Mar CA 92625
938 014 44
Thomas & Eliisa Stowell
617 Begonia Ave
Corona Del Mar CA 92625
93801453
John McKean
PO Box 1153
Newport Beach CA 92659
938 015 30
Richard Wolverton
704 Acacia Ave
Corona Del Mar CA 92625
938 010 02
Manos
613 Carnation Ave
Corona Del Mar CA 92625
938 012 28
Gloria Esposti
1384 Pacific Way
Laguna Beach CA 92651
938 013 08
CHURCHILL AUDREY LEE TR
4541 Brighton Rd
Corona Del Mar CA 92625
938 014 22
Judy Wagner
701 lTamation Ave
Corona Del Mar CA 92625
938 014 45
Den & S Stubblefield
6727 N Farris Ave
Fresno CA 93711
938 015 08
John Morgan
709 Begonia Ave
Corona Del Mar CA 92625
938 015 31
Tim Meaders
— –
1 �
Pointe Del Mar Associatiori panini Hospitality Group ; Roxie Cooley /Catherine Biggers
Village Way Property Mgmt Panini Hospitality Group
P.O. Box 4708 17310 Redhill Avenue, Ste 250
Irvine, CA 92614 17310 Redhill Avenue, Ste 250
Irvine, CA 92616' Irvine, CA 92614
1..
\j
;
PA2007 -063 for UP2007 -010 & MD2007 -029
2421 E. Coast Highway
DATE OF MEETING: -
442 272 05 458 643 02 458 643 03
IRVINE CO PDM � FOWNERS ASSN Anthony Massod
550 Newport Center Dr 4350 V n K an Ave #370 2501 Point Del Mar
Newport Beach CA 92660 Newport ea CA 92660 Corona Del Mar CA 92625
458 643 04
Gregory MoConoughy
2511 Point Del Mar
Corona Del Mar CA 92625
458 643 07
Daniel Gil
2541 Point Del Mar
Corona Del Mar CA 92625
458 643 10
Marcia Marlyn
2571 Point Del Mar
Corona Del Mar CA 92625
458 643
PDM NOMIkOWNERS ASSN
4350 Vbn Kdrman Ave #370
Newport each CA 92660
458 643 16
Jerry Kahn
2530 Point Del Mar
Corona Del Mar CA 92625
458 644 01
Amy Schwegier
2600 Point Del Mar
Corona Del Mar CA 92625
458 643 05
Jeffrey Bryant Holm
2521 Point Del Mar
Corona Del Mar CA 92625
458 643 08
Jeanette Moran
1201 Alcazar Dr
Bradenton FL 34209
458 643 11
Coffman
2581 Point Del Mar
Corona Del Mar CA 92625
458 643 14
Christine Scheuneman
2550 Point Del Mar
Corona Del Mar CA 92625
458 643 17
PDM HIWNERS ASSN
4350 Von a an Ave #370
Newport c CA 92660
458 644 02
McDonough
2610 Point Del Mar
Corona Del Mar CA 92625
458 643 06
Donald Fraser
2531 Point Del Mar
Corona Del Mar CA 92625
458 643 09
Rebecca Ann Asano
2561 Point Del Mar
Corona Del Mar CA 92625
458 643 12
Juliet Marie King
2591 Point Del Mar
Corona Del Mar CA 92625
458 643 15
Dana Waterman
2540 Point Del Mar
Corona Del Mar CA 92625
458 643 18
PDM WNE vS ASSN
4350 V K . an Ave #370
Newport ea h CA 92660
458 644 03
Jonsson
2620 Point Del Mar
Corona Del Mar CA 92625
458 644 30
45864431
458 644 32
Janet Wiest
Karl Hardesty
Eric Floyd
2621 Point Del Mar
2611 Point Del Mar
2601 Point Del Mar
Corona Del Mar CA 92625
Corona Del Mar CA 92625
Corona Del Mar CA 92625
459 011 20
\ 459 031 01
459 031 02
CITY N PORT BEACH
Poole Radio John
Poole John
3300 Ne port Ivd
33820 Rancho California Rd
33820 jRn ho California Rd
Newport Beach TA 92663
Temecula CA 92591
Temecul 92591
459 031 03
i/ 459 031 04
459 032 02
Wilda Marsac
Arnold Haskell
CHEVRON U S A INC
19800 Macarthur Blvd #800
PO Box 1715
PO Box 1392
Irvine CA 92612
Newport Beach CA 92659
Bakersfield CA 93302
459 082 01
459 082 02
459082013
Martin Mangold
T A Bolin
Gary Presant
192 E Radcliffe Dr
PO Box 7099
2345 Cumberland Rd
Claremont CA 91711
Newport Beach CA 92658
San Marino CA 91108
459 082 04
459 082 06
459 082 07
Gary Presant
Patrick Shedarowich
LIDO ACACIA REALTY LLC
2345 Cumberland Rd
702 Acacia Ave
740 Via Lido Nord
San Marino CA 91108
Corona Del Mar CA 92625
Newport Beach CA 92663,
459 082 08
459 082 09
459 082 10
Scott Dalton
Patricia Bowman
Ronald Saienni
PO Box 324
703 Begonia Ave
705 Begonia Ave
Corona Del Mar CA 92625
Corona Del Mar CA 92625
Corona Del Mar CA 92625
459 082 11
459 082 13
459 082 14
Emil Crespin Jr.
SCHULEIN FAMILY LTD
SCHU IN FAMILY LTD
707 Begonia Ave
15 Linda Isle
15 Linda le%
Corona Del Mar CA 92625
Newport Beach CA 92660
Newport BbadikCA 92660
459 082 15
459 082 16
459 083 01
Gary William Sauter
T A $olini
Helmut Reiss
.735 Cameo Highlands Dr
PO x 9
1461 Lavender Ln
Corona Del Mar CA 92625
Newpoj� Be ch CA 92658
Laguna Beach CA 92651
459 083 02
459 083 03
45908306
Dennis & Judith Baker
Stephen Miller
NSC ENTS INC
706 Begonia Ave
2401 60th Ave SE
3125 Bayside Dr
Corona Del Mar CA 92625
Mercer Island WA 98040
Corona Del Mar CA 92625
459 083 07
459 083 08
459 083 09
Administrators Pension
Barbara Nemec
Scott & Denise Stromberg
2505 Mccabe Way
407 N Bay Front
8289 S Alsab Trl
Irvine CA 92614
Newport Beach CA 92662
Evergreen CO 80439
459 083.10
459 083 11
459 083 12
Ad nistr� ors Pension
COAST INVESTMENTS INC
Boyajian
250�5 c,came Way
260 Newport Center Dr #*
806 H St
Irvine A 92614
Newport Beach CA 92660
Centralia WA 98531
i�
f
459 085 19
459 085 22
459 086 01
LM BEGONIA REALTY LLC
Ellis
Julie Rails
I 615 Begonia Ave
621 Begonia Ave
620 Begonia Ave
Corona Del Mar CA 92625
Corona Del Mar CA 92625
Corona Del Mar CA 92625
459 086 02
459 086 04
459 086 05
Oconnor
Thomas Gray
C Bruce Crockard
90 Linda Isle
612 Orchid Ave
1035 Canyon View Dr
Newport Beach CA 92660
Corona Del Mar CA 92625
Laguna Beach CA 92651
i
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NOTICE OF RESCHEDULED
PUBLIC HEARING
Panini Cafe
Appeal of Use Permit No. 2007 -010,
Accessory Dining Permit No. 2007 -006, and
Off -site Parking Agreement No. 2007 -001
(PA2007 -063)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will
hold a public hearing on the following item:
An appeal of the Planning Commission's decision for the approval of Use Permit
No. 2007 -010, Accessory Dining Permit No. 2007 -006 and Off -site Parking
Agreement No. 2007 -001 on property located in the Retail and Service Commercial
(RSC) Zoning District at 2421 E. Coast Highway.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing has been
rescheduled due to a publication error to November 27. 2007, at the hour of 7:00
p.m. in the Council Chambers of the Newport Beach City Hail, 3300 Newport
Boulevard, Newport Beach, California, at which time and place any and all persons
interested may appear and be heard thereon. If you challenge this project in court,
you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence delivered to the
City at, or prior to, the public hearing. For information call (949) 644 -3200.
LaVonne M. Harkless, City Clerk
City of Newport Beach
NOTICE OF RESCHEDULED
PUBLIC HEARING
Panini Cafe
Appeal of Use Permit No. 2007 -010,
Accessory Dining Permit No. 2007 -006, and
Off -site Parking Agreement No. 2007 -001
(PA2007 -063)
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach
will hold a public hearing on the following item:
An appeal of the Planning Commission's decision for the approval of Use Permit
No. 2007 -010, Accessory Dining Permit No. 2007 -006 and Off -site Parking
Agreement No. 2007 -001 on property located in the Retail and Service Commer-
cial (RSC) Zoning District at 2421 E. Coast Highway.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing has been re-
scheduled due to a publication error to November 27 2007, at the hour of 7:00
om. in the Council Chambers of the Newport Beach City Hall, 3300 Newport
Boulevard, Newport Beach, California, at which time and place any and all per-
sons interested may appear and be heard thereon. if you challenge this project
in court, you may be limited to raising only those Issues you or someone else
raised at the public hearing described in this notice or in written correspondence
delivered to the City at, or prior to, the public hearing. For information call (949)
644 -3200.
LaVonne M. Harkless, City Clerk
City of Newport Beach
)A\
' J(J
�J
AFFIDAVIT OF POSTING
On � 4 , 2007, I posted the Notice of Public Hearing
regarding:
Panini Cafe
Appeal of Use Permit No. 2007 -010,
Accessory Dining Permit No. 2007 -006, and
Off- -site Parking Agreement No. 2007 -001
(PA2007 -063)
Date of Hearing: November 27, 2007