HomeMy WebLinkAbout08/28/1995 Item #15p�Rr
CITY OF NEWPORT BEACH
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PLANNING/BUILDING DEPARTMENT
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35oo NEWPORT BOULEVARD
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NEWPORT BEACH, CA 92658
(714) 644-3200; FAX (714) 644-3250
Hearing Date:
Agenda Item No.:
Staff Person:
August 28, 1995
is
Kenneth J. Delino
(714) 644-3215
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Newport Landing Restaurant
503 Edgewater Place
Sidewalk Seating
SUMMARY: This action would permit the Newport Landing Restaurant to provide food
service on the existing wooden deck on the bay front where currently only non-
exclusive seating is permitted. An amendment to the Use Permit must also be
processed to permit this change.
ACTION: If desired, amend Encroachment Agreement to allow table service on deck in
public easement.
Ownership, Easement and Encroachment.
The location map, plot plan and photographs appear on the following pages. All the land up to the
bulkhead is owned by the restaurant operator. A public, prescriptive easement over the walk area had
been established for many years. However, in 1985, as part of the project approval, the landowner
formally granted to the City an easement for public access and passive recreation. At the same time,
the City handed back to the owner an encroachment in the easement for non standard improvements
including the deck, the adjacent fish market and other structures.
The easement reserves for the landowner the right to maintain tables and benches in the area but states
that "patrons of the market or restaurant may use tables and benches but shall have no greater right
than members of the general public."
Similarly, the Use Permit for the restaurant states "That public access to the decks to be utilized by the
public shall not be restricted during normal business hours."
Current Situation.
When originally constructed, the building to the west of the deck was used as a fish market with
takeout food. The deck provided seating primarily for patrons of the fish market. Some time ago, the
fish market was converted to a clothing store, and the tables and chairs on the deck became a
maintenance burden to the restaurant owner. The deck is now vacant and rarely used by anyone.
APPROVED BY CITY Conch
DAT e ) L(,_-
i-
Arguments for Approval. _
The City Council has indicated that outdoor dining creates a desirable environment and ambiance and
should be encouraged. The largely unused wooden deck provides an excellent opportunity to promote
outdoor dining and to extend the ambiance of the attractive and well maintained Newport Landing
Restaurant out into public view. Adequate facilities including a raised platform and railing are already
in place. The deck is largely unused, and extensive non-exclusive seating for the general public is
available immediately to the east of the deck. Any conditions or safeguards necessary to control
impacts can be imposed by the Planning Commission with the amended Use Permit.
Arguments for Denial.
The area is now open for public use, and this amendment would tend to restrict it only to restaurant
patrons.
Recommendations.
To permit food uses on the raised patio, it is recommended that the following language be added to
Section 4B of the Encroachment Agreement:
"Owner shall, however, have the right to provide food and
beverage service on the raised patio subject to the requirements
of a Use Permit."
Kenneth I e no
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Attachments:
Map
Photos
Encroachment Agreement
Letter of 8/9/95
2
82895�npindrst.doc
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