Loading...
HomeMy WebLinkAbout13 - Appeal of PC Approval of USe Permit for Nesai RestaurantCITY OF o rA NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: June 24, 2014 Agenda Item No. 13. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt @newportbeachca.gov Makana Nova. AICP. Assistant Planner mnova @newportbeachca.gov, (949) 644 -3249 Appeal of the Planning Commission's Approval of Conditional Use Permit No. UP2013 -021 for Nesai Restaurant Located at 215 -217 Riverside Avenue (PA2013- 203) Appeal of the Planning Commission's approval of a Conditional Use Permit (CUP) to allow the remodeling and expansion of an existing restaurant operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license. The application includes a new outdoor dining patio, late hours of operation (after 11:00 p.m.), and a partial waiver of required parking with the approval of a parking management program authorizing off -site parking, employee use of the Avon Street municipal parking lot, and valet parking. Due to the request for late hours of operation, approval of an Operator's License issued by the Newport Beach Police Department is also required. RECOMMENDATION: a) Conduct a de novo public hearing; and b) Adopt Resolution No. 2014 -53, A Resolution of the City Council of the City of Newport Beach Upholding the Planning Commission's Approval of Conditional Use Permit No. UP2013- 021 for an Eating and Drinking Establishment with Late Hours of Operation at 215 Riverside Avenue (PA2013 -203), finding the project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, and approving Conditional Use Permit No. UP2013 -021 subject to the conditions (Staff Report Attachment CC 2). FUNDING REQUIREMENTS: No budget impact. DISCUSSION: The Planning Commission held a public hearing on May 8, 2014. The Planning Commission discussed the strength of the off -site parking arrangements and neighborhood compatibility of the requested late hours of operation. The application was approved unanimously (6 ayes; 0 noes) and the hours of operation were limited to close at 11:00 p.m., Sunday through Thursday, and to close at 12:00 midnight on Friday and Saturday. The minutes, resolution, and staff report from the Planning Commission meeting are attached for reference (Attachment Nos. CC 4, CC 5, and CC 6). Appeal An appeal was filed by John Staub and Jade Tran, residents of 2911 Cliff Drive, on May 22, 2014. The appeal letter identifies concerns regarding use of the rear parking area during the evening hours, public safety hazards at the intersection of the driveway to Riverside Avenue, and restrictions to pedestrian traffic along Riverside Avenue accessing Cliff Drive Park during the evening hours. A copy of the appeal letter is provided as Attachment No. CC 1. City Council Review Hearing Pursuant to Section 20.64.030.C.3 (Conduct of Hearing), a public hearing on an appeal is conducted "de novo ", meaning that it is a new hearing and the prior decision of the Planning Commission to approve Use Permit No. UP2013 -021 has no force or effect. The City Council is not bound by the Commission's prior decision or limited to the issues raised by the appellant. Analysis Parking Area Nuisance The appeal identifies potential headlight and noise nuisances resulting from late night users at the rear parking area. Four residences are located directly uphill from the project site. The parking area is used by office tenants and their customers during normal business hours without restrictions. The existing restaurant operates pursuant to Use Permit No. UP1677 and operates in the evening hours until 10:00 p.m., Sunday through Thursday, and to 11:00 p.m., Friday and Saturday, and they have unrestricted use of the parking area. The applicant requests one additional hour of operation daily to close at 11:00 p.m. Sunday through Thursday, and to close at 12:00 midnight, Friday and Saturday. A total of 16 parking spaces will be provided on -site and a maximum of 27 off -site parking spaces will be available for patrons when valet service is provided. Due to the sloping topography of the site, the parking area is a non - traditional design with two one -way drive aisles and sloping driveways. The proposed project does not include on -site valet parking. The on -site parking area is intended to provide self - service parking to patrons. Optional valet service would be provided when needed with queuing occuring on -site and the parking of vehicles in the off -site parking lots located at 2630 and 2660 Avon Street. Zoning Code Section 20.30.020 (Buffering and Screening) requires nonresidential uses that abut residential zoning districts to provide a solid masonry wall a minimum of six feet in height. Additionally, General Plan Policy LU 5.2.2 (Buffering Residential Areas) encourages the incorporation of landscape, decorative walls, enclosed trash containers, downward focused lighting fixtures, and or comparable buffering elements to ensure the compatibility of commercial and residential neighbors. The rear of the parking area is currently developed with an 9 -foot high retaining wall adjacent to 2911 and 2915 Cliff Drive. At this section, the block wall is topped by a 6 -foot high chain -link fence. The retaining wall gradually decreases in height from 9 feet to approximately 5 feet in height as it turns adjacent to 2911 Cliff Drive and returns toward Riverside Avenue. Shrubs and vegetation are located above this portion of the wall that screens views into the parking lot from the first level of the residence at 2911 Cliff Drive. In this case, the grade differential creates a situation where the second floor of the residence at 2911 Cliff Drive overlooks the parking area. Refer to the attached site photos (Attachment No. CC 7). The appellant has suggested requiring covered parking areas to reduce the impacts of headlight and noise nuisances. The cost of covered parking ranges from approximately $824 to $2,000 per parking space. Thus, the cost to cover the rear row of parking stalls on -site (9 spaces) would range from $7,416 to $18,000. In response to this concern, the applicant has agreed at staff's suggestion to provide additional landscaping at the rear of the parking area below 2915 Cliff Drive to further reduce the visibility of the parking area to the adjacent residents. With this additional landscaping, the additional buffering and screening will help promote compatibility between the uses consistent with the Zoning Code and General Plan. The appellant's suggestion to partially cover the parking area would enhance buffering of the uses, but would increase the project's cost. Staff recommends requiring the additional landscaping below 2915 Cliff Drive as an alternative to a carport structure. Public Safety Hazard The appeal cites that the intersection of the existing driveway at the parking area with Riverside Avenue poses a traffic safety and visibility hazard for pedestrians walking along Riverside Avenue. This concern was discussed at the Planning Commission meeting on May 8, 2014. As required by Zoning Code Section 20.30.130 (Traffic Safety Visibility Area), a 5 -foot triangular area measured from the intersection of the driveway and the right -of -way is required. Structures located within this area may not exceed 30 inches in height to ensure visibility across the corners of the intersecting streets, alleys, and private driveways for pedestrians, bicycles, and vehicles. As shown on the project plans (Attachment No. CC 20), the existing retaining wall and storage enclosure to the south of the driveway to Riverside Avenue will be lowered to 30 inches in height to comply with traffic safety visibility requirements. The existing wall to the north of the existing driveway complies with the requirement as it is located behind the required 5 -foot sight distance triangle. The issue has been reviewed by the City Traffic Engineer and the driveway, with the proposed changes noted, will comply with the standards and will provide sufficient sight distance for safe use. The applicant has agreed to provide an additional exterior lighting at this driveway to further improve visibility during the evening hours. Cliff Drive Park The appeal states that the extended use of the parking area at 215 Riverside Avenue inhibits safe access to Cliff Drive Park at night by restricting pedestrian flow along Riverside Avenue as a result of vehicles accessing the existing parking area. The restaurant is currently authorized to operate and utilize the parking lot during the evening hours and the additional hours from 10:00 p.m. to 11:00 p.m., Sunday through Thursday, and at 11:00 p.m. 12:00 midnight, Friday and Saturday is not a significant safety issue given limited activity in the park during these hours. Summary Staff recommends approval of the Conditional Use Permit and staff has added two conditions requiring the additional screening landscaping and exterior lighting for the Riverside Avenue Driveway. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section Section 15301 (Class 1 -Existing Facilities) of the CEQA Guidelines, Cal ifornia Code of Regulations, Title 14, Chapter 3, because it has no potential to have asignificant effect on the environment. Class 1 exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the minor alteration of an existing structure and a minor expansion of use (a 990 square foot outdoor dining patio) that is wel l below the ellowablechanges identified in CEQA Guidel ines Section 15301. NOTICING: Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Description CC 1 - Appeal Letter CC 2 - Draft City Council Resolution to Uphold Planning Commission Decision CC 3 - Draft City Council Resolution to Overturn Planning Commission Decision CC 4 - Planning Commission Minutes CC 5 - Planning Commission Resolution No. 1943 CC 6 - Planning Commission Staff Report CC 7 - Site Photos CC 8 - UP1677 Resolution CC 9 - UP1677 CC Minutes CC 10 - UP1677 CC Staff Reports CC 11 - Materials Board CC 12 - Mariner's Mile Design Guidelines CC 13 - Parking Management Plan CC 14 - Off -Site Parking Letters CC 15 - Valet Plan CC 16 - Annual Parking Pass Information CC 17 - Police Department Memorandum CC 18 - Correspondence Received CC 19 - Vicinity Map CC 20 - Proiect Plans Supplemental Correspondence Application No. Name of Appellant or person filing: _ ATTACHMENT CC -1 CITY OF NEWPORT BEACH U P2013 -021 Jack Staub Address: 2911 Cliff Dr., Newport Beach, CA 92663 ��nrniemnu �J Phone: 949-406 -131.9 Date of Planning Commission decision: May 8th 20 14 Regarding application of: Jeff Hall of '217 Riverside Ave Merchants' 12 for (Description of application filed with Planning Commission) A conditional use permit to remodel and expand the existing restaurant. Also permits the use of the rear parking lot by general public and valet after 5PM. (Prior use of this parking lot was limited to Monday through Friday, 9AM to 5PM by the tenants of the building.) Reasons for Appeal : The expanded use of the rear parking lot: (1) creates a nuisance to residences, specifically our home at 2911 Cliff; (2) will create a safety hazard for pedestrians on Riverside Ave; and (3) interferes with the publics' right to safely access Cliff Drive Park. Date Appeal filed and Administrative Fee received: M�� `� 20 �7 . l � cc: Appellant Planning (furnish one set of mailing labels for mailing) File APPEALS: Municipal Code Sec. 20.64.030 Appeal Fee: $4,289.00 pursuant to Resolution No. 2013 -72 adopted on 10- 22 -13. (Deposit funds with Cashier in Account #2700 -5000) Appeal Application Appellant Information: John R. Staub & Jade Tran, home owners 2911 Cliff Drive Newport Beach, CA 92663 Appealing Application Regarding: Name of Applicant: Jeff Hall of '217 Riverside Ave Merchants' Date of Decision: May 8, 2014 Project No. (PA): PA2013 -203• Activity No.: UP2013 -021 Site Address: 215 Riverside.Ave, Newport Beach; CA 92663' Description: Summary of Appeal: Homeowners seek a modification to the parking plan approved with the modified Conditional Use Permit for Nesai Restaurant located at 215 Riverside Avenue, Newport Beach, California, to restrict the use of the back parking lot of this building to its historical usage by tenants only between the business hours of 9:00 a.m. to 5:00 p:m. on the basis of safety concerns and nuisance. LEGAL05000- 0103/3407262.1 :1 Reasons for Appeal: 1. Nuisance The proposed Use of the rear parking lot for,either patron orrvalet parking willxreate a substantial headlight and noise nuisance, which will impact our home.. Applicant failed to show the close proximity of 2911 Cliff Drive to the rear parking lot of 215 Riverside Avenue. Applicant instead showed photos (Attachment PC 3) of the more remote homes, which are set further back and at a higher elevation, misconstruing the likelihood of nuisance to the nearest home. The Valet Plan (Attachment PC 11) calls for 24 cars to be parked in the rear lot. If we assume a 1 hour average dinning time then this would imply 24 cars will enter each hour and 24 cars will leave (on average). This represents 48 parking 'events' per hour, or one event every 75 seconds, on average, hour after hour until closing (11 PM during the week and "12 PM on Fridays and Saturdays). Amounting to 336 parking events on a busy day. A great deal of noise will be created during every parking event. The unenclosed rear parking lot of 215 Riverside Avenue is only 24 feet from our home and is located on a steep slope. Cars entering the parking lot on Avon street do so using a very steep incline (12 degrees), which results in headlights lighting up our home, as well as our neighbors' homes. We are not aware of any other homes in the vicinity of Mariners Milethat are in such close proximity to the type of parking situation that will be permitted by Nesai's modified conditional use permit. When nearly identical concerns were raised by homeowners on King Rd above the Mariner's Point project (also in the Mariners Mile area), the City's accommodation was to require the Mariner's Point parking garage be enclosed. We understand from comments made at the May 8, 2014 Public Hearing that prior use of the rear parking lot was limited to use by the building tenants during normal business hours (9AM to 5PM, Monday through Friday). This agrees with our observation of its use since we moved to the area seven years ago. These tenants are expected to understand the inherent safety issues posed by this parking lot (discussed in Reason #2 below) and the potential n uisance.tonearby residences created by after business hour activities in this rear parking lot, unlike patrons. ,LEGAL05000- 0103/3407262:1 We believe that either: (1) an accommodation similar to that applied to the Mariner's Point project should be applied here, or (2) that the rear parking lot should only be used as it has been for the prior 40 years- restricted to use by the property's tenants, during normal business hours, 9AM to 5PM. LEGAL:05000-0103/3407262.1 3 Photo 111 -1: Satellite overview of the site area, including the impacted homes on Cliff Drive, Cliff Drive Park and Nesai Building & rear parking lot. Note the close proximity of Nesai's rear parking lot to the homes, in particular to 2911 Cliff Drive, which is 12 feet lower in elevation than the other homes on Cliff Drive, and only 10 feet above Nesai's rear lot. Photo RI-2: Car entering Nesai parking lot from Avon Street entering lower level, and climbing to the upper level. Note the steep grade causes car headlights to point into homes. LEGAL•05000 -0103/3407262.1 4 Photo 111 -3: Car entering Nesai's upper level of the rear parking lot. Note that 2911 Cliff is much closer and at a 12 foot lower elevation than the other homes. The exit of the lot is straight ahead but not visible due to steep decline (14%) - driving this at night is very hazardous. Photo 111-4: Night view from a car entering Nesai's upper level of the rear parking lot. Note that 2911 Cliff Drive's second floor is visible and headlight nuisance. Driving this at night is very hazardous due to the steep grades, extraordinarily poor visibility and lack of lighting. LEGALOS000-0103 /3407262.1 2. Public Safety Hazard The proposed use of the. rear parking lot will create a safety hazard for the public. The parking lot is terraced into the hillside behind Nesai; directly below our home. The upper terrace lot is elevated 10 feet above the sidewalk on Riverside, and vehicles exit on a 14% grade decline to that sidewalk. The unusual geometry of this lot makes parking here a challenge, even during daylight hours bythe building tenants, but particularly dangerous if used at night by the people unfamiliar with the lot. The proposed modifications to the 215 Riverside Avenue's trash enclosure may assist with ;perception of northbound traffic; but is Wholly, insufficient "to address southbound traffic. The exit onto Riverside. Ave, is particularly dangerous as it is very narrow and view of south bound trafficon Riverside Ave is blocked by Nesai's retaining wall. Obstructed visibility to southbound traffic greatly interferes with a driver's ability to see oncoming automobile' pedestrian and bike traffic, and then exit safely onto Riverside Avenue. This retaining wall also makes it impossible for pedestrians, bike, rider and skateboarders to see the exiting, vehicle until they walk in its path. Additionally, the steepness of the incline and decline of the rear parking lot is an issue. We have seen cars climbing the excessive grade stall, and even roll back. This excessive grade does not appear to be consistent with current design standards and so the public is simply not prepared to navigate it safely, particularly at night where poor visibility compounds the safety issues. Note that reversing the flow of traffic does not solve this problem, but only moves the primary hazard to the other slope, which is also at a very steep grade; and would endanger pedestrians on Avon Street, including Nesai's own patrons. In conclusion, Nesai's planned use of this parking lot creates a public hazard and should only be used as it has been used for the prior 40 years. It should be restricted for use by the property's tenants, during normal business hours, 9AM to`5PM. Night time use will only .endanger pedestrian traffic. LEGALi05000+0203/3407262.1 6. Photo 112 -1: Car exiting from upper rear lot of Nesai, with Cliff Drive Park visitors southbound on Riverside Ave. Note the slope and retaining wall behind the kids are part of Cliff Drive Park, which ends at Nesai's retaining wall. Thus, the Nesai exit also delineates the boundary of Cliff Drive Park. Photo R2 -2: Car exiting from upper rear lot of Nesai, with Cliff Dr Park visitors exiting the park southbound on Riverside Ave. Pedestrian just comes into view of the car. Note the car is 10 ft above the sidewalk, if it were to roll it could seriously injure or even kill a pedestrian or bike rider. Nighttime use of this exit compounds this safety hazard. LEGAL•05000- 0103/3407262.1 7 Photo R2 -3: Car exiting from upper rear lot of Nesai, with Cliff Drive Park visitors southbound on Riverside Ave). This photo shows the view from the perspective of the pedestrians - bike riders and skateboarders have a similar view but travel much faster, decreasing response time. Photo R2 -4: Car exiting from upper rear lot of Nesai, with Cliff Drive Park visitors exiting southbound on Riverside Ave. Photo shows the view from the perspective of the car exiting as positioned on the upper lot. Note the extraordinarily poor visibility of southbound traffic — and this is daytime! Nighttime use of this exit compounds this safety hazard. LEGALASOOD-0103 /3407262.1 8 3. Interferers with the Public's Safe Access to Cliff Drive Park The public has the expectation -and right of safe access to Cliff Drive Park and the proposed use of the rear parking lot interferes with that right. All pedestrian and bike traffic from the park that travels southbound on Riverside Ave must pass through the hazard created by the expanded use of Nesai's rear parking lot. The planning commission referred to the Mariners Mile. improvement plan as its basis of authority to make exceptions to the operating hours and late hour use of the rear parking lot, but they did not consider the right of the public to safely access the nearly adjacent park. The public's right to safely enter and exit the park outweighs the. objectives of the Mariners Mile plan. The decision appears to conflict with a principle objective of the Mariners Mile plan itself, which. is "(h) Enhance pedestrian access to businesses" (Page 5). There are no other areas in all of Mariners Mile that generate more pedestrian traffic than southbound traffic.on Riverside:Ave (i.e. Cliff Drive Park exit). It is the primary artery of pedestrian traffic, particularly during the day. Placing a serious hazard directly across that path will have a chilling effect on pedestrian flow, and undermine objective (h). In addition, the City is in the process of a major renovation of the Cliff Drive Park for the purpose of making the park safer and more accessible by the public, particularly at night. Allowing the Nesai rear parking lot hazard at Cliff Drive Park's border with Mariners Mile will limit the after -dark pedestrian traffic from the local community into the Mariners_ Mile area and Nesai itself. A better approach would be to eliminate the after hour use of the rear parking lot and give the restaurant credit for the local pedestrian traffic it generates. This would keep all pedestrians safe and increase pedestrian business for Nesai in accordance with the Mariner's Mile plan. it also removes the potential nuisance of the late night use of the rear parking lot, and in so doing, and further accommodates the very locals that Nesai would like to attract. LEGA L:05000-0103/3407262:1 Photo 133 -1: Satellite overview of the site area, including Nesai and Cliff Drive Park with the hazardous exit marked. This is where all pedestrian traffic flows from Cliff Drive Park and the surrounding Newport Heights and Cliff Haven residences into the Mariners Mile area. This area is also used by most of southbound bicycle and skateboard traffic to that area. It is used because this path is safe. Extended use of the Nesai exit will reduce that pedestrian traffic. LEGAL•05000- 0103/3407262.1 10 Receipt 91013304.005 Recreation & Senior Services Dept. 100 Civic Center Drive Bay E Newport Beach, CA 92660 Phone: (949) 644 -3151 FAX: (949) 644 -3155 Email: recreation @newportbeachca.gov JOHN STAUB Receipt #1013304°005 May 22, 2014 4:14 PM Prepared By: Elizabeth Arciniega Customer ID: 59817 Total Received: '$4,289.00 Total Payments: $4,289.00 Payment Plan: $0 Transactions Customer Description Charge 3ohn Staub CC Planning Commission Appeal ..54;289.00 Action: Product Sale ID: 59817 Total Charges $4,289.00 Total Payments $4,289.00 Balance $0 Page 1 of 1 Thank you for your choosing Newport Beach Recreation & Senior Services. Please visit us . online at www.newportbeachca.gov https: / /activenet001. active. com/cribreg/servlet/showReceipt. sd.i ?receiptheadet_id =115692... 05/22'/2014 Home phone: (949) Work phone: -- Payment Summary_ Check; $4,289.00 Check # 9529 Cash: $0 Credit Card: $0 Memo: $0 Account: $0. Gift Certificate: $0 Financial Aid: $0 Total Received: '$4,289.00 Total Payments: $4,289.00 Payment Plan: $0 Transactions Customer Description Charge 3ohn Staub CC Planning Commission Appeal ..54;289.00 Action: Product Sale ID: 59817 Total Charges $4,289.00 Total Payments $4,289.00 Balance $0 Page 1 of 1 Thank you for your choosing Newport Beach Recreation & Senior Services. Please visit us . online at www.newportbeachca.gov https: / /activenet001. active. com/cribreg/servlet/showReceipt. sd.i ?receiptheadet_id =115692... 05/22'/2014 JOHN STAUS' DATE Q5-'Z -2 -Z� wNtftrggcwn FOR I-A q�! Z f) __ 3 — o 2c I 9529 z's9, oa 8 dn. ATTACHMENT CC -2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. UP2013 -021 FOR AN EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS OF OPERATION AT 215 RIVERSIDE AVENUE (PA2013 -203) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jeff Hall, representing 217 Riverside Ave Merchants, with respect to property located at 215 Riverside Avenue, and legally described as Lot D of Tract 919, including a portion of the abandoned street adjacent, requesting approval of a conditional use permit for the expansion of an existing restaurant. 2. The applicant requests an amendment to Use Permit No. UP1677 (Amended), remodeling the existing restaurant currently operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license, adding an outdoor dining patio, and extending service to include late hours of operation (after 11:00 p.m.). Also included is a request to waive a portion of the required parking and approve a parking management program authorizing off -site parking, annual parking passes for employees, and valet parking. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B). 5. At a noticed public hearing held on May 8, 2014, the Planning Commission considered the application, plans, and written and oral evidence presented at this meeting, and approved Use Permit No. UP2013 -021 based on the findings and conditions of approval in Planning Commission Resolution No. 1943. 6. On May 22, 2014, the Planning Commission's decision to approve Use Permit No. UP2014 -021 was appealed by Jack Staub and Jade Tran, homeowners at 2911 Cliff Drive. The appeal was filed to review the authorized hours for late night activities and parking area. 7. The City Council held a public hearing on June 24, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. The City Council considered evidence, both written and oral presented at this meeting, and City Council Resolution No. Page 2 of 17 affirmed and upheld the Planning Commission's decision and approved Use Permit No. UP2014 -021. 8. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing Facilities) 2. The proposed project involves the minor alteration of an existing structure. The additional area associated with the outdoor dining patio consists of 990 square feet, which is well within the thresholds identified in CEQA Guidelines Section 15301. Therefore, the interior use and outdoor dining patio qualify for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. Pursuant to Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements) of the Newport Beach Municipal Code, eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the Commercial General (CG) Zoning District. The existing establishment operates pursuant to Use Permit No. UP1677 (as amended September 11, 1989). The requested extension in the hours of operation, addition of an outdoor dining patio, and new bar are considered substantial changes in operation that require an amendment to the existing conditional use permit. In accordance with Section 20.48.030 (Alcohol Sales), the City Council must make the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code. Facts in Support of Finding: 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is maintained and that a healthy environment for residents and businesses is preserved. While the proposed establishment is located in an area which has a higher concentration of alcohol licenses than some areas, the restaurant is appropriate since the existing Type 47 license is already included within the City Council Resolution No. Page 3 of 17 statistics provided and the use permit would acknowledge the existing license type. The subject property's location in relationship to residential zoning districts, day care centers, hospitals, park facilities, places of worship, schools, other similar uses and uses that attract minors have been considered. Operational conditions of approval recommended by the Police Department relative to hours of operation, the sale of alcoholic beverages, including an Operator License will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. The subject property is located in an area with a variety of land uses including commercial, retail, residential, and coastal resources. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surrounding land uses. In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The expanded eating and drinking establishment with late hours and alcoholic beverage service is consistent with the General Commercial (CG) land use designation of the General Plan. 2. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve local or regional needs. Food Service uses are expected to be found in this area and are complementary to the surrounding commercial and residential uses. 3. The project site is not located within a Specific Plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. Eating and drinking establishments classified as Food Service, Late -Hours require the approval of a conditional use permit within the Commercial General (CG) Zoning District. City Council Resolution No. Page 4 of 17 2. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. 3. The restaurant, outdoor patio, parking management program, and proposed exterior improvements are consistent with the Mariners' Mile Strategic Vision and Design Framework. The renovation of the existing restaurant will support local establishments in the Mariners' Village core, improve the pedestrian streetscape, and make more efficient use of available parking in the vicinity. 4. Pursuant to Chapter 5.25, an amendment to a use permit requires the operator of the establishment to secure an Operator License from the Police Department to maintain operating hours beyond 11:00 p.m. This requirement is included in the conditions of approval. Finding: D. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. Adequate parking is provided for the restaurant during all hours of operation as designated in the parking management program. A minimum of six parking spaces are provided for the restaurant's use at the off -site parking lot located across Riverside Avenue from the property at 2660 Avon Street. Public parking also exists in the municipal parking lot at 200 Tustin Avenue, which will accommodate employee parking through the purchase of annual parking passes. 2. The use of the off -site parking with optional valet service reduces any congestion created by restaurant patrons looking for parking and ensures greater usage of the off -site parking facility. 3. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages include the closure of the outdoor dining patio by 10:00 p.m. will promote compatibility with the surrounding uses by minimizing alcohol related impacts. 4. The conditions of approval include the requirement that the exterior windows and doors of the facility be closed after 10:00 p.m. will minimize sound emanating from the property and causing disturbances to residential land uses in the vicinity. 5. Because the conditions of approval prohibit live entertainment and dancing; require that the restaurant close by 12:00 midnight Sunday through Thursday and by 1:00 a.m. on Fridays and Saturdays; and, use of the outdoor dining patio City Council Resolution No. Page 5 of 17 after 10:00 p.m. is prohibited, no disturbance to adjacent residential uses is anticipated. 6. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 7. Existing trash storage for the restaurant is provided within a trash enclosure along Riverside Avenue. The trash enclosure will be modified to provide a solid decorative roof cover in compliance with Newport Beach Municipal Code standards for solid waste and recyclable materials storage. The requested changes to the restaurant operation are not expected to result in an increase in trash collection activities. A condition of approval has been included requiring the trash to be kept within the trash enclosure, except during collection. 8. This is an existing restaurant location and is compatible with other commercial uses in the area. The restaurant also serves as an important visitor - serving use that benefits the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 2. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 3. Although the site does not provide the minimum number of off - street parking spaces on -site, sufficient off -site parking will be provided pursuant to the parking management program to accommodate the needs of the expanded restaurant. 4. The locations of the off -site parking is in close proximity to the restaurant and does not create a traffic hazard in the surrounding area. A parking agreement will be recorded providing for the availability of a minimum of six off -site parking spaces for the restaurant. City Council Resolution No. Page 6 of 17 Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The renovations to the existing restaurant facility should have a positive impact on the area and may promote further revitalization of commercial properties located in Mariners' Mile. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours for the outdoor dining patio hours reduce impacts to residential land uses nearby and sufficient parking is available in the area to accommodate the restaurant. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 3. In order to maintain late hours, the applicant will be required to obtain an Operator License from the Police Department. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations if objectionable conditions occur. 4. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment, recreational entertainment or dancing is permitted. Prohibition of live entertainment, recreational entertainment or dancing will minimize potential land use conflicts, nuisances, and police intervention. In accordance with Section 20.40.100 (Off -Site Parking) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: G. The parking facility is located within a convenient distance to the use it is intended to serve. City Council Resolution No. Page 7 of 17 Facts in Support of Finding: 1. Sixteen parking spaces are available on -site for the restaurant. 2. The applicant has secured an off -site parking for a minimum of six parking spaces at 2660 Avon Street. The lot is conveniently located across Riverside Avenue from the subject property 125 feet away. 3. A municipal parking lot providing approximately 88 parking spaces is available approximately 600 feet to the southeast down Avon Street. A condition of approval is included requiring the purchase of parking permits on an annual basis for all ten employees to use this lot. Finding: H. On- street parking is not being counted towards meeting parking requirement. Facts in Support of Finding: 1. On- street parking is not being counted towards meeting the parking requirement. Adequate parking is available for the restaurant through a combination of on -site parking (16 spaces), off -site parking (6 spaces), and annual employee parking passes (10 spaces). 2. Valet parking is optional, and will be utilized if additional parking is necessary. 3. Fifteen off - street parking spaces at 2630 Avon Street and ten on- street metered spaces in front of the restaurant are available; while these spaces do not officially contribute to the off- street parking requirement, these spaces will be utilized on an informal basis. Finding: 1. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. Signage will be provided on -site and at the off -site parking lots to designate the availability of the off -site parking lots for patrons of the restaurant. 2. The use of the off -site parking, with optional valet service, reduces any congestion created by restaurant patrons looking for parking and ensures greater usage of the off -site parking facility. City Council Resolution No. Page 8 of 17 3. The City Traffic Engineer has found circulation and access for the optional valet parking plan to be adequate. 4. The off -site parking lot is located in close proximity across Riverside Avenue from the subject property. Finding: J. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. The property owner of 2660 Avon Street will be required to record a parking agreement for a minimum of six parking spaces. The agreement must be approved by the Director and City Attorney and recorded with the County Recorder. 2. Signage will be provided on -site and at the off -site parking lots to designate the availability of the off -site parking lots for patrons of the restaurant. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: SECTION 1: The City Council of the City of Newport Beach does hereby deny the appeal and upholds and affirms the decision of the Planning Commission to approve Use Permit No. UP2013 -021 subject to the conditions contained in Exhibit "A," which is attached hereto and incorporated by reference. SECTION 2: Conditional Use Permit No. UP2013 -021 (PA2013 -203) replaces and supercedes Use Permit No. UP1677, which upon vesting of the rights authorized by this application, shall become null and void. SECTION 3: This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 24th day of June, 2014, by the following vote, to wit: MAYOR ATTEST: CITY CLERK City Council Resolution No. Page 9 of 17 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2013 -021 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted by the Director, or the Commission under referral or appeal. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. Prior to the issuance of final building permits, the operator as well as future operators of the restaurant shall obtain an Operator License pursuant to Chapter 5.25 (Operator License) of the Municipal Code. The Operator License may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the restaurant. City Council Resolution No. Page 10 of 17 10. The hours of operation for the interior of the restaurant shall be limited between 5:00 p.m. to 11:00 p.m., Monday through Thursday, 5:00 p.m. to 12:00 midnight Friday, 10:00 a.m. to 12:00 midnight Saturday, and 10:00 a.m. to 11:00 p.m. Sunday. 11. The restaurant shall be allowed a limited lunch time operation (11:00 a.m. to 5:00 p.m., Monday through Friday) which will include the chef's dining area and chef's dining patio only (764 square feet of "Net Public Area" only). 12. Service on the outdoor dining patio shall end by 10:00 p.m., daily. The outdoor dining patio shall be closed by 10:30 p.m., daily. 13. The interior "net public area" of the restaurant shall not exceed 1,183 square feet. A maximum of 55 seats shall be provided within the interior of the establishment. 14. The accessory outdoor dining shall be used only in conjunction with the restaurant. The outdoor dining patio shall be limited to 990 square feet in area and provide seating for no more than 52 persons. 15. The exterior windows and doors of the facility shall be closed after 10:00 p.m. 16. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. The installation of roof coverings in addition to the proposed cedar trellis shall not have the effect of creating a permanent enclosure. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 17. Prior to issuance of building permits, the project plans shall be revised to the satisfaction of the Planning Division to include the planting of shrubs and landscaping above the retaining wall behind 2915 Cliff Drive for additional screening and buffering from adjacent residences. 18. The existing parking lot shall be maintained with approved traffic markers or painted white lines not less than four inches wide. All sixteen parking spaces on the site shall be accessible and useable for vehicular parking at all times. A directional sign shall be maintained designating that parking is available to the rear of the building. 19. All asphaltic pavement surfaces of the existing parking areas shall be maintained. No alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. City Council Resolution No. Page 11 of 17 20. The restaurant shall comply with the approved Parking Management Program dated May 8, 2014, and any amendment to the Parking Management Program shall be subject to the approval of the Community Development Director. 21. An off -site parking agreement, approved as to form by the City Attorney's Office, shall be recorded prior to the issuance of building permits. The City, applicant, and property owner of 2660 Avon Street shall be a party to the agreement. The agreement shall guarantee that a minimum of six (6) parking spaces shall be provided at 2660 Avon Street (A portion of Lot 42 and all of Lot 43 of Tract 1133) for the duration of the restaurant use at 215 Riverside Avenue. In the event that the use of the off - street automobile parking spaces provided for in the agreement are lost for any reason, the applicant shall notify the Community Development Director 30 days prior to the loss of the parking spaces. Upon notification that the agreements for the required off -site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur: (a) Substitute parking is provided that is acceptable to the Director; (b) The size or capacity of the use is reduced in proportion to the parking spaces lost; (c) The applicant submits to the Director a new or amended Off -Site Parking Agreement, giving the applicant the use of at least the same number of parking spaces. 22. Restaurant employees shall park their automobiles in the "Mariners' Mile" municipal lot. The applicant or operator of the facility shall purchase parking permits for ten employees on an annual basis for the Mariners' Mile Lot, and shall direct employees to park in said parking lot. 23. Valet operations shall not impact the public right -of -way. Vehicle staging, drop off and pick -up shall occur on -site only and the valet pick -up and delivery station shall not be located in the public- right -of -way. 24. Prior to certificate of occupancy, the applicant shall provide signage on -site indicating the location of additional parking at the off -site parking lot in locations acceptable to the Planning Division. 25. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 26. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 27. Prior to issuance of building permits, the protect plans shall be revised to the satisfaction of the Planning Division to include new exterior lighting at the driveway City Council Resolution No. Page 12 of 17 entrance on Riverside Avenue to improve visibility and traffic safety during evening hours. 28. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 29. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre- recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 30. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 31. Construction activities shall comply with Section 10.28.040 (Construction Activity - Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 32. The existing block wall and storage structure adjacent to the driveway on Riverside Avenue shall be lowered to a height of 36 inches so as to provide better sight distance for motorists on the steep driveway. 33. All mechanical equipment and trash areas shall be screened from adjoining streets. 34. Outdoor storage shall conform to the standards of Section 20.48.140 (Outdoor Storage, Display, and Activities). Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 35. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. City Council Resolution No. Page 13 of 17 36. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self - contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 37. Trash receptacles for patrons shall be conveniently located inside of the establishment. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 38. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 39. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 40. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 41. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches bV 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 42. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Nesai Conditional Use Permit including, but not limited to, the Conditional Use Permit No. UP2013 -021 (PA2013 -203). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' City Council Resolution No. Page 14 of 17 fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department Conditions 43. The approval is only for the establishment of an eating and drinking establishment as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 44. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On -Sale General) in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 45. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 46. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 47. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 48. The operator of the establishment shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 49. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 50. There shall be no on -site radio, televisions, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. City Council Resolution No. Page 15 of 17 51. There shall be no live entertainment or dancing allowed on the premises. 52. Strict adherence to maximum occupancy limits is required. 53. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 54. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 55. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. Fire Department Conditions 56. Areas or rooms with occupant loads of more than 50 persons will require two exits. Exits must be arranged as per California Fire Code Section 1015.2.1. 57. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system. 58. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. Building Division Conditions 59. Window openings are shown in the exterior wall parallel to Avon Street, which are not shown on the last approved plan from 1983. New openings are proposed in the wall between the restaurant/dining space and kitchen and the northeast exterior wall at the rear of the kitchen has been altered. These walls shall be analyzed by a City Council Resolution No. Page 16 of 17 civil /structural engineer for consideration of decreased capacity due to new openings, compared with seismic demand on them in accordance with the 2013 CBC. 60. Minimum 1 -hour rated construction shall be provided at the patio structure within the 10 -foot width of the exit discharge between building exit doors and the public sidewalk. Refer to CBC 1027.5.2 and CBC 1002 for definition of 'yard' (open to sky). 61. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 62. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 63. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 64. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 65. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Community Development Director and Public Works Director in conjunction with the approval of an alternate drainage plan. Public Works Conditions 66. All improvements shall be constructed as required by Ordinance and the Public Works Department. 67. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, curb /gutter, and driveway along the Avon Street frontage. 68. All existing private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of- way fronting the development site shall be removed. City Council Resolution No. Page 17 of 17 69. All new and existing water services shall be protected by a City approved backflow assembly. 70. All new and existing sewer laterals shall have a sewer cleanout, installed with a traffic -grade box and cover, located on the public side of the property line. 71. An encroachment permit is required for all activities within the public right -of -way. 72. The trellis eave shall not encroach more than 1 -foot into the adjacent right -of- way. 73. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L and Municipal Code 20.30.130. 74. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right - of -way could be required at the discretion of the Public Works Inspector. 75. All on -site drainage shall comply with the latest City Water Quality requirements. 76. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 77. The proposed patio shall be constructed on private property. 78. At a minimum, a 6 -foot sidewalk shall be maintained along Avon Street. 79. The parking lot configuration shall be consistent with the previously approved Use Permit No. UP1677 (Amended 1983). 80. The patio overhang shall be covered under a building permit in order to be consistent with Council Policy. If any portion of the overhang is within the public right -of -way, an encroachment permit is required. If an encroachment permit is approved, the patio overhang shall not encroach more than 1 -foot over the public sidewalk and must maintain a minimum vertical clearance of 8 feet. 81. The storage area adjacent to Riverside Avenue shall be lowered to a height of 36 inches in order to comply with sight distance requirements at the intersection of the driveway and Riverside Avenue. 82. County Sanitation District fees shall be paid prior to the issuance of any building permits. ATTACHMENT CC -3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REVERSING THE DECISION OF THE PLANNING COMMISSION AND DENYING CONDITIONAL USE PERMIT NO. UP2013 -021 FOR AN EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS OF OPERATION AT 215 RIVERSIDE AVENUE (PA2013 -203) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jeff Hall, representing 217 Riverside Ave Merchants, with respect to property located at 215 Riverside Avenue, and legally described as Lot D of Tract 919, including a portion of the abandoned street adjacent, requesting approval of a conditional use permit for the expansion of an existing restaurant. 2. The applicant requests an amendment to Use Permit No. UP1677 (Amended), remodeling the existing restaurant currently operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license, adding an outdoor dining patio, and extending service to include late hours of operation (after 11:00 p.m.). Also included is a request to waive a portion of the required parking and approve a parking management program authorizing off -site parking, annual parking passes for employees, and valet parking. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B). 5. At a noticed public hearing held on May 8, 2014, the Planning Commission considered the application, plans, and written and oral evidence presented at this meeting, and approved Use Permit No. UP2013 -021 based on the findings and conditions of approval in Planning Commission Resolution No. 1943. 6. On May 22, 2014, the Planning Commission's decision to approve Use Permit No. UP2014 -021 was appealed by Jack Staub and Jade Tran, homeowners at 2911 Cliff Drive. The appeal was filed to review the authorized hours for late night activities and parking area. 7. The City Council held a public hearing on June 24, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. The City Council considered evidence, both written and oral presented at this meeting, and City Council Resolution No. Page 2 of 2 reversed the Planning Commission's decision and denied Use Permit No. U P2013 -021. 8. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Findings and Decision) of the Zoning Code, nonconforming uses may be expanded or intensified subject to the approval of a conditional use permit. The City Council may approve a conditional use permit only after making each of the five required findings set forth in Section 20.52.020.F (Findings and Decision). In this case, the City Council was unable to make the required findings based upon the following: SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: SECTION 1: The City Council of the City of Newport Beach does hereby reverse the decision of the Planning Commission and denies Use Permit No. UP2013 -021. Existing Use Permit No. UP1677 shall remain in full force and effect. SECTION 2: This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 24th day of May, 2014, by the following vote, to wit: r,TJ 0r� -1f CITY CLERK r_1a CIA: IJtl4Zr1111deE! NEWPORT BEACH PLANNING COMMISSION MINUTES "Ir V, VI. CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers —100 Civic Center Drive Thursday, May 8, 2014 REGULAR MEETING 6:30 p.m. CALL TO ORDER - The meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE — Commissioner Myers ROLL CALL PRESENT: Brown, Hillgren, Kramer, Lawler, Myers, and Tucker ABSENT: Ameri (Excused) 5/8/14 Staff Present: Kimberly Brandt, Community Development Director; Brenda Wisneski, Deputy Director, Community Development; Michael Torres, Assistant City Attorney; Tony Brine, City Traffic Engineer; Brittany Ramirez, Administrative Technician; Makana Nova, Assistant Planner; Melinda Whelan, Assistant Planner; and Marlene Burns, Administrative Support Specialist PUBLIC COMMENTS Chair Hillgren invited those interested in addressing the Planning Commission on items not on the agenda, to do so at this time. Jim Mosher commented on preserving audio recordings of meetings and the importance of maintaining a good record of proceedings. He reported the posting of the May 13, 2014, City Council agenda and noted that an item under the Consent Calendar pertains to consideration of a new records retention schedule and that under same; recommendations are for the Planning Commission's recordings to be maintained for one (1) year. He encouraged the Planning Commission to consider retaining them for a longer period. He hoped that the Commission will make their comments to Council regarding the matter. Seeing no one else wishing to speak, Chair Hillgren closed public comments. REQUEST FOR CONTINUANCES - None CONSENT ITEMS ITEM NO. 1 MINUTES OF APRIL 3, 2014 Chair Hillgren reported receiving written comments with corrections to the minutes of April 3, 2014. Chair Hillgren opened public comments. Seeing no one wishing to speak, Chair Hillgren closed public comments for this item. Motion made by Vice Chair Tucker and seconded by Commissioner Brown and carried (6 — 0) to approve the minutes of April 3, 2014, as corrected. AYES: NOES: ABSTENTIONS: ABSENT: Brown, Hillgren, Kramer None None Ameri Lawler, Myers, and Tucker Page 1 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14 VII. PUBLIC HEARING ITEMS ITEM NO.2 NESAI RESTAURANT (PA2013 -203) Site Location: 217 Riverside Avenue Assistant Planner, Makana Nova, provided a presentation with a description of the proposed restaurant renovation and addressed location, the existing Use Permit, surrounding properties, the request to extend the hours of operation, the proposed outdoor covered patio, and the request for a parking management program. Ms. Nova presented details of on -site and off -site parking and noted that a formal agreement for parking at 2660 Avon Street will be required. Without valet service the restaurant has just enough parking. Ms. Nova recommended closure of the outdoor dining patio at 10:00 p.m. She added that the outdoor patio is generating the requirement for 16 additional parking spaces. Ms. Nova addressed the CEQA exemption and presented recommendations as stated in the report. She added that if approved, the appeal period would end on May 22, 2014, and they would move on to construction design and construction permitting. Commissioner Brown commented on the number of seats and occupancy load and asked for clarification. Ms. Nova reported that the total number of seats is 107 and that occupant load is 151 offering additional occupancy for employees. In response to Commissioner Brown's inquiry regarding the parking management program and the indefinite agreement related to the off -site parking lot, Ms. Nova reported that the City will require a formal agreement since it provides required parking. An agreement will not be required for the other parking lot as that will provide extra parking. Commissioner Brown noted that parking seems confusing and wondered how patrons will know where to park. Ms. Nova responded that Conditions of Approval are in place regarding signage for the availability of the off -site lots. If the applicant chooses to provide valet, it will be done on the property with parking on the off -site lots. Secretary Kramer stated that the entire application centers around the parking issue and asked if the applicant will consider double- stacked elevator lifts for their parking on this project. Ms. Nova stated that staff did not believe it is necessary considering valet parking and the additional off -site lots. In response to Vice Chair Tucker's inquiry regarding requirements that food be served during specific hours, Ms. Nova stated that there is a Condition of Approval in place requiring that food service shall be available to patrons up to thirty (30) minutes before closing time. Vice Chair Tucker expressed concerns with the possibility of it becoming a bar later at night. In response to Chair Hillgren's inquiry regarding a parking management plan and proposed parking for employees and patrons, Ms. Nova acknowledged that there is a parking management plan in place (Attachment 9). She added that employees will park in the municipal lot at 200 Tustin Avenue and that they are required to purchase annual parking passes. Chair Hillgren commented on the parking management plan noting that it was a restatement of the conditions and noted a clause that states that the property owner of the off -site parking lot may terminate the arrangement at anytime. Ms. Nova acknowledged that off -site parking is difficult, particularly in this case since the applicant does not own the off -site lot. She added that the property owner of the lot has the right to terminate the agreement, in which case, the applicant would need to work with staff to develop another parking solution. Discussion followed regarding how it would be known that there is an issue. Community Development Deputy Director Wisneski reported that the required parking is being satisfied under the current configuration, with valet parking as an option. Additional parking is not being required and would be up to the discretion of the business owner to determine whether his patrons are having difficulty locating parking. Commissioner Brown commented on the Condition of Approval regarding signage and asked if the City provides the applicant guidance on where to place the signs. Ms. Nova reported that signage is required prior to the Page 2 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14 issuance of building permits and that staff will review whether they are located adequately. The location of the signs would be identified on the plans. Commissioner Lawler commented on the "indefinite" off -site parking but noted that the property owner could terminate the agreement at any time so that it is really not "indefinite ". Ms. Nova responded that there is no end date to the agreement at this time but the property owner has the right to remove those spaces and the applicant would then have thirty (30) days in which to provide alternative parking. In response to Commissioner Brown's inquiry, Ms. Nova reported that valet parking is not currently required but could be if the Commission so desired. She added that staff received a valet plan for the on -site lot but that the Traffic Engineer has not reviewed it fully. Secretary Kramer commented on the issue of extended hours and how that impacts the local area. He stated that the Police report would be helpful in determining whether the application satisfies Police requirements. Ms. Nova responded that both Planning and Police staff have reviewed the application and that approval of the proposal is recommended with the patio closing at 10:00 p.m. She noted the attendance of Detective John Thulin with the Newport Beach Police Department. Detective Thulin reported that while he does not know the applicant, he inspected the business relative to the proposed patio. He reported that there have been no calls for service related to that restaurant, that it has operated as a restaurant since 1973 and that it has had no problems since that time. Detective Thulin reported that he was impressed with the applicant and his reputation and that he considered other restaurants in which he is involved. He added that the subject building is in need of renovation and that his main concern was the outside. When he understood the proposed plans his only concern was the late hours of operation in relation to the patio. Detective Thulin addressed the design of the patio, which was meant to reduce the noise emitted and also reduce the noise from the street coming into the restaurant. He stated that a lot of detail and thought was put into the plans. He indicated that he and the Police Department felt that 10:00 p.m. was a reasonable time to close the patio and bring the patrons from the outside to the inside. In response to Secretary Kramer's question, Detective Thulin expressed approval of the late closing on Friday and Saturday nights. He added that the report specifies that they are not to operate as a nightclub, tavern, or bar in the evening hours. If it does not maintain itself as a restaurant, it would be in violation of the Police Department's recommendations. He reported that the restaurant will also be subject to an operators license which is governed by the Police Department. If they operate outside the guidelines, the Police have authority to take action against them. The 10:00 p.m. closing of the patio is in keeping with typical conditions placed on other restaurants especially given the proximity to residential areas. Commissioner Myers stated he does not see a material difference between 10:00 p.m. and 10:30 p.m. and that the attempt to screen noise is substantial. He stated he remains open- minded to the applicant's request to close the patio at 10:30 p.m. Ms. Nova reported that the Citys noise standards change at 10:00 p.m. Vice Chair Tucker expressed concerns with the late closure on Friday and Saturday nights and questioned the feasibility of serving food at such late hours. Detective Thulin reported that the applicant's intention is to cater to service providers who get off work late and would like to provide them with upscale food at a later hour. He added that many restaurants around Fashion Island are open until 1:00 a.m. or 2:00 a.m. on Fridays and Saturdays and they are primarily restaurants. If they were to start operating as a bar, the operator's license terms would give the Police authority to take action against them. He added that the Police Department works hand -in -hand with ABC. Chair Hillgren opened the Public Hearing and asked the applicant forward. Jeffrey Hall, applicant, stated he understands the concerns regarding late hours of operation but that with the changing economy and demographics there is a need to remain open later. In relation to a restaurant they operate in downtown Santa Ana, he reported that 10 percent of their sales occur after 10:00 p.m. He reported that they pride themselves in sourcing locally grown food, hiring and community involvement having helped raise Page 3 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14 over $500,000 for local charities. Mr. Hall addressed the proposed design of the interior of the restaurant, receipt of numerous awards as restaurateurs and operators and their safety and alcohol plans. Additionally, he reported that they are taking an existing use and giving it a "refresh" noting that in the Mariner's Mile Plan and in the Land Use Ordinance, if a business is being underutilized or is underperforming, it encourages development of the area and creating more foot traffic. He addressed parking and signage, engaging patrons, use of off -site parking, having backup plans for parking, parking passes for employees, valet if needed, and encouraging bicycle riders and the patio. Regarding the patio, he addressed the restaurant's need to stay open for later hours to accommodate late night diners since a large proportion of the seating is located outside. He proposed shutting off service to the patio at 10:30 p.m. and addressed efforts to mitigate sound on the patio. Mr. Hall reported that no entertainment is being proposed and noted that many in the community support their project. In response to Chair Hillgren's inquiries, Mr. Hall reported on his experience and background in the restaurant industry noting that he loves what he does and he is not in the business of selling restaurants. Brion Jeannette, representing several community members, spoke in support of the proposed project and reported that parking is not an issue as he can walk to the restaurant. He expressed concerns regarding the hours of operation adding that there are sensitive residential uses nearby. He reported they are presently re- landscaping Cliff Drive Park to augment greater use of the park by families. He indicated that residents hear action from the Avon area at all hours of the morning but that it normally lasts only a few minutes. He reiterated that they are supportive of the restaurant but are concerned with extending the hours of operation until 1:00 a.m. He agreed with closing the patio area at 10:00 p.m. and reported that sound travels up the hill very quickly. Hal Woods reported that Nesai has been a good restaurant for the area and stated support for the project but expressed concerns with the extended hours of operation particularly with almost doubling the expansion of the restaurant and the outside dining. He believed that the hours of operation should be limited to the same hours of operation of the majority of restaurants in the area which is typically 10:00 p.m. or 11:00 p.m. He noted that restaurants in Fashion Island are not adjacent to residential neighborhoods. Additionally, he suggested that parking needs further study and supported closing the patio area at 10:00 p.m. He commented on sound attenuation efforts and asked if there has been an acoustical study done. He added that potted plants and an open trellis do not lower the decibels from an acoustical standpoint. He stated that residents are concerned that people will gravitate to restaurants that are open later in the evening and feared that it will become a nightclub or drinking establishment. Phil Becerra, Planning Commissioner for the City of Santa Ana, spoke in support of the proposed project and reported that Santa Ana has granted two (2) Conditional Use Permits to the applicant and his partner and is very happy with their businesses performance. He commented on their capabilities and efforts. Jade Tran spoke in support of the proposed project but expressed concerns regarding the extended hours of operation. She expressed safety concerns related to vehicles driving out of the parking lot in the late night hours possibly hitting pedestrians and bicyclists and believed there has not been enough consideration given to safety and how it will impact the neighborhood. Additionally, with the extended hours of operation, she stated there will be a higher probability of drunk driving and people not paying attention coming out of the parking lot. Ned McCune expressed concerns regarding employee parking and stated that the applicant should be required to have permits for every employee on his payroll noting that those who do not would have to park on the street. He added that if this is addressed he would support the project and that there will be more than ten (10) parking permits needed. Jim Mosher commented on the discrepancy between the occupancy load and the number of seats in the restaurant. In terms of parking, he noted that to justify off -site parking, same must be permanently available and an agreement that can be revoked does not seem to be very permanent. He addressed the Conditions of Approval relative to the hours of operation of the patio as it relates to office uses and suggested specifying the starting time at 5:00 p.m. and that although they specify that windows and doors will be closed at 10:00 p.m. to mitigate noise, they do not indicate when windows and doors can be reopened. Wyatt Mitchum acknowledged the attendance of students from Newport Harbor High School and expressed appreciation for the professionalism shown in the present proceedings. He reported that other restaurants in the area close at 10:00 p.m. and wondered if Mr. Hall is seeking the after -hours overflow. He stated that he supports Page 4 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14 the restaurant as is, but expressed concerns with the extended hours of operation. He believed that patrons will be going to the restaurant during late hours to drink alcohol and not for the food. He felt that it will become a bar with increased noise. Sandra Ayres reported that her neighbors are enthusiastic about a new restaurant but are concerned regarding the late hours of operation. She noted that the Santa Ana and Orange restaurants are not adjacent to residences. She did not believe that simply because there have been no problems with the operation that the hours should be extended. She expressed concerns that while the patio area will be closed to service, it does not mean that it will necessarily be closed. She believed that people who will patronize the restaurant after 10:00 p.m. will be drinking alcohol. Portia Weiss expressed concerns regarding the extended hours of operation noting that the applicant's other restaurants serve a different demographic. She reported that Newport Beach is a sleepy community and expressed concerns regarding noise, parking, and drunk driving through the Heights. She opined that no one eats after 10:00 p.m. and felt that patrons will be mostly drinking alcohol after 10:00 p.m. Tom Baker opined that the proposed project will expand the restaurant into a bar. He wondered how many Police calls are received from restaurants where the hours are extended to 1:00 a.m. or 2:00 a.m. He asked the Planning Commission to not expand the hours of operation and expressed concerns regarding parking. Additionally, he inquired regarding the percentage of parking that is being waived noting that every time parking requirements are waived, the neighborhood is negatively impacted as people will park on residential streets. He noted the need for firm agreements regarding parking as well as appropriate signage indicating employee and customer parking. He asked regarding the projected number of employees at the restaurant to determine how many parking spaces they will be taking up. He hoped that individual Commissioners will not approve the project but return it to staff and obtain community input. Chair Hillgren reported that the Planning Commission is not being asked to approve a parking waiver as that occurred many years ago. The Planning Commission is being asked to approve a plan to deal with needed additional parking spaces. In response to Mr. Baker's inquiry, Assistant Planner Nova reported that fifteen (15) parking spaces were previously waived. Chair Hillgren closed the Public Hearing. Commissioner Lawler expressed concerns regarding parking as the owner of the off -site parking lot can terminate the agreement at any time with thirty (30) days' notice. He recommended that the applicant obtain a permanent agreement from the owner of the off -site parking lot or one requiring a longer - termed notice. Chair Hillgren asked for clarification regarding whether the patio will be closed or closed -to- service. Assistant Planner Nova reported that the applicant is proposing a closed -to- service patio whereas staff is recommending full closure of the patio at 10:00 p.m. Secretary Kramer commented on noise mitigation design and asked for clarification from the designer Eric Beneker, designer, reported that an acoustic study was done which resulted in compliance with City noise regulations and was included in the staff report. He added that it is compliant as the patio currently exists. He added that the patio faces away from neighbors and does not take into account the proposed trellis and planters. He reported there will be no speakers outside and that the restaurant is not a nightclub or a gastro pub. Chair Hillgren raised the issue of the parking lot behind the building and people getting in and out of their cars. Mr. Beneker agreed that the related noise would be an issue. Mr. Hall reported that staff required a recorded parking agreement be in place with the owner of the off -site parking lot. He added that the off -site lot at 2660 Avon Street has been family owned for generations and he does not see the owner selling the property any time soon. Additionally, he referenced emails received from Page 5 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14 residents in support of the project and proposed adjusting the hours of operation to 11:00 p.m. weeknights and 12:00 midnight on weekends in order to move the project forward and not postpone it. In response to Commissioner Myers's inquiry regarding the parking agreement, Mr. Hall reported that the agreement will run with the land. Community Development Deputy Director Wisneski clarified that the parking arrangement is not an easement but rather, an agreement including both property owners and the City. The City would then be privy to any changes to that agreement. She added that these agreements are needed and common throughout the City. Commissioner Lawler requested clarification that the off -site parking facility will be "permanently" available. Ms. Wisneski reported that flexibility exists in terms of the operations being modified to ensure that parking requirements are satisfied. She added that situations such as this have occurred throughout the City. Mr. Hall stated that the additional parking requirements were triggered by the use of the patio and that in the worst -case scenario, if they were to lose access to the off -site parking lot, they would close the patio. Chair Hillgren stated that staff may be able to come up with a solution. He asked regarding the number of employees at any one time and Mr. Hall stated he has yet to determine same. He estimated five (5) to fifteen (15) employees at any one time. In terms of vehicle interaction with pedestrians, Ms. Nova reported that the Public Works Department reviewed the on -site parking and circulation and that the existing wall was identified as a sight/distance issue and that the applicant has agreed to reduce the height of the wall to improve sight distance and visibility. Regarding start and re -open times, Ms. Nova reported that they were not called out in the Conditions of Approval as there are varying start times for the patio but that staff can include them accordingly. Mr. Hall stated the idea is to not cut people's dinner short and noted that by fulfilling ADA requirements the restaurant lost a considerable amount of interior space so therefore, would like to have the patio opened until closing. He agreed with having food service end in the patio at 10:00 p.m. and closing it at 10:30 p.m. Motion made by Secretary Kramer and seconded by Commissioner Brown and carried (6 — 0) to adopt a resolution approving Conditional Use Permit No. UP2013 -021 subject to the conditions of approval provided in the draft resolution and superseding Use Permit No. UP1677 with changes to reflect that the patio will end food service at 10:00 p.m. and will close at 10:30 p.m., that the interior of the restaurant will be open until 11:00 p.m. on weeknights and until 12:00 midnight on Friday and Saturday nights, and that the off -site parking agreement include both the business owner, off -site property owner, as well as the City. Vice Chair Tucker stated he will support the motion noting the requirements of the Operator's License and the Use Permit are acceptable with the earlier hours. Commissioner Lawler indicated he will support the motion as there is precedent throughout the City related to the parking agreement. Vice Chair Tucker commented on the parking agreement and that if the off -site parking is lost, the restaurant will lose capacity which will address the real parking issue. Chair Hillgren thanked those who spoke regarding this matter and stated that he believes the applicant will be a great neighbor. AYES: NOES: ABSTENTIONS: ABSENT: Brown, Hillgren, Kramer None None Ameri Lawler, Myers, and Tucker Page 6 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14 ITEM NO. 3 MEDICAL OFFICE PARKING MODIFICATION APPEAL (PA2013 -228) Site Location: 441 Old Newport Boulevard Community Development Director Kimberly Brandt introduced the matter and deferred to staff for a report. Assistant Planner Melinda Whelan provided an overview of the proposed project addressing parking, existing conditions, car lifts, architectural features of the parking site, background, approval by the Zoning Administrator subject to required Conditions of Approval, an overview of the conditions, landscaping, approval of construction materials by staff and a requirement for a parking management plan. In response to Commissioner Myers's inquiry, Ms. Whelan addressed the accurate square footage of the structure noting that it meets Code requirements. The building will not be occupied if it does not meet the final approved plans. Additionally, she addressed the parking ratio for the use. Secretary Kramer stated that he appealed the application because given its history; he believed that the item rose to the level of being heard by the Planning Commission. He added that the issue of how the parking works is critical. Chair Hillgren added that it is a question of aesthetics and function. He opined on the general circulation of the parking and asked for clarification. City Traffic Engineer Tony Brine stated he is unsure as to the difference it would make in terms of entering in one driveway and exiting another. He added that upon review of the plan, he did not have concerns with the circulation layout. Additionally, he noted that the number and location of handicapped parking is appropriate. In response to Chair Hillgren's inquiry regarding the need for a roof in the parking design, Ms. Brandt reported that staff wanted to ensure that this was a long- lasting structure with concerns with exposure of the vehicle lifts to the elements and uncertainty as to how trees would age over time in relationship to screening. Discussion followed regarding the City's experience with car lifts. Chair Hillgren opened the Public Hearing. Lyle Overby, representing Ocean View Medical Investors, provided a presentation addressing the proposed enclosed lifts; lifts in the Lido Fun Zone, a video of the operation of the proposed lifts, Conditions of Approval, the importance and expansion of Hoag Hospital and the need for additional parking, compliance with the City's Municipal Code, existing trees, landscaping, screening, surrounding properties, visibility and enclosure of the lifts, the valet as a function of utilizing the lifts and removability of the lifts. In response to Vice Chair Tucker's inquiries, Mr. Overby reported that each lift operates independently. He added that they are simple and reliable and that if anything would break on them it would be the hydraulics. Dave Gagliotto, The Lift Guy, reported that he maintains and operates the lifts at the Fun Zone and that he will install and maintain the subject lifts, if approved. He added that the lifts will be maintained every six (6) months which will include changing the hydraulic oil and doing a lift inspection. Vice Chair Tucker suggested including a requirement for a maintenance contract for each lift be included in any Conditions of Approval. In response to Chair Hillgren's questions, Mr. Gagliotto reported that the lifts at the Fun Zone are operated by three people and work in conjunction with valet parking. Parking could be overnight or short-term. Mr. Overby noted that information regarding the operation of the lifts is included in the report and that the lifts will be managed by their staff. The valet will be primarily attending the lifts and self - parking will not be encouraged. Mr. Gagliotto reported that it takes approximately 60 seconds from the time the keys are handed to the attendant to the time the car is placed on the lift. Page 7 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14 Mr. Overby reported that generally, employees will be parked in the top section of the structure along with long- term users. It was noted that this was a compliant medical building parking structure prior to 2005 when the Cade changed. Ms. Brandt reported that the structure could have accommodated all uses prior to the Code change in 2005. Brion Jeannette opined that this is almost like granting a variance noting that the proposed increase in parking is allowing the building to get bigger by adding lifts. He expressed concerns that this could set precedent as well as with aesthetics. He did not believe that this is in keeping with the aesthetics of Old Newport Boulevard. He addressed the trees on the northern side of the property and felt that they will likely die as a result of installing a foundation nearby. Richard Haskell, M.D. expressed concerns with setting precedent with lifts on Old Newport Boulevard and opined that people will park on the street instead of using the lifts or park on his property. He added there are many small lots on Old Newport Boulevard that cannot be built for medical since they do not have adequate parking. He expressed concerns with the aesthetics and decreases in property values. Aidan Raney, M.D. addressed the parking requirements for the Ocean View Medical Building as it pertains to the square footage of the building and agreed that parking is a problem in the area. He commented on the aesthetics and functionality of lifts and reported that the Fun Zone lifts are managed by employees who are there around the clock and are responsible for parking the cars. He expressed concerns that the parking area will be unmanned and encouraged the Planning Commission to consider the matter carefully. Dr. Levin agreed that parking is an issue and expressed concerns with access to emergency vehicles. He added that space is tight in all of the office buildings in the area and questioned the logistics and aesthetics of the parking structure and lifts. Jim Mosher agreed that this is a matter that merits being weighed and decided by a citizen's panel and not left to the sensibility of a single staff person. He expressed concerns with the project in terms of setting precedent noting there are many businesses in the City that have parking problems. Additionally, he suggested there may be other alternatives for solving the problem including using the building in a way that could satisfy parking requirements. He noted that building a parking structure would be more expensive, that the lifts would be cheaper and that residents do not want "cheaper'. He reported that one of the Council Members was skeptical. He also was not sure everyone would think of lifts as parking spaces. Sandy Haskell spoke in opposition to the project and noted that the lifts used at the Fun Zone are not there to fulfill a parking requirement. She added that it is a business and is completely enclosed inside a structure and is not the only option for parking. She quoted from the Land Use Plan for the area and questioned the justification for allowing the proposed parking style. She did not believe people will be amenable for parking on the lifts and stated they will require a parking attendant, an uninterrupted power source and maintenance. Additionally, she stated that the applicant is asking for special treatment and is seeking a way around the rules. Discussion followed regarding the ownership of the property and their experience with lifts of this kind. John Brat reported he owns various medical buildings in different cities and have not had to use lifts for parking. He stressed that the lifts will not be used by the public but will be for long -term parking and staff. Two (2) valet parking attendants will be on site at all times and that the lifts will be maintained properly. He added that most of the building has already been committed to in terms of tenants, but nothing has yet been executed pending the Planning Commission's ruling. The building will be mostly medical and office uses. He addressed traffic to the building and reported that they will be under long -term leases. Mr. Overby reported that the doctors that will lease the building will understand what they are leasing. He addressed the square footage of the building and stated that building a parking structure on the property is not feasible. Cars will not drip as they will sit on a pan. He reported that the applicant acquired the building in 2005 and that it was occupied by the owner of the building and was an office building. Chair Hillgren closed the Public Hearing. Page 8 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14 Commissioner Brown asked whether it conceivable to require employees to park on the lifts and Ms. Whelan confirmed that will be one of the items to be included in the final parking management plan and it could be required under the lease agreement. Vice Chair Tucker noted that the application is for a use permit which will run with the property and further noted the need for tight conditions. He added that this is a matter of first impression but the code gives no guidance. He felt that is something that should be viewed on a policy level but does not believe the actions of the Commission will establish a binding precedent. He added that approving the application does not mean that it has been decided to never regulate lifts in the City. He stated wanting the Commission to revisit this matter thoroughly, in a more theoretical basis, in the near future. Chair Hillgren stated that the use of lifts may be a reasonable strategy as part of an overall parking management plan provided the design, functionality and sponsorship are fully understood. In this case, the design works aesthetically and the existing trees will survive and provide adequate shielding from the neighboring properties. The functionality and scale of the project don't appear to be justified as this program requires significant cost and staffing for a very small number of lifts. When considering the property currently, i is not maintained well the anticipated effort and related economic burden to implement the plan does not appear to be supportable without knowledge of the actual tenants. As a result, he is not compelled to approve the project without knowing who the users /occupants will be. Commissioner Lawler noted that this is a matter of Code and not of policy; that this was a creative solution that works elsewhere in the City and that it does not establish precedent. In response to Secretary Kramer's inquiry regarding whether the Code speaks of this situation, Assistant City Attorney Michael Torres reported that the Code does not speak to lifts and that this may be a situation where technology is advancing faster than the Code. Staff has reviewed the matter and has decided that the lifts satisfy the parking requirements and qualify as a parking space within the Code. Commissioner Myers stated that the economics of the project is not the Planning Commission's concern and that the project does not establish precedent. He noted this is a new and workable solution and stated he will support it. Commissioner Brown expressed his support as well, but with tightening of the Conditions of Approval in terms of the maintenance agreement, that there must be an attendant on -site to operate the lifts and requiring that tenants and employees use the lifts by building same in the leases. Ms. Brandt highlighted Condition of Approval No. 12 and stated that language can be included that all leases include the requirement that employees and staff will be required to park within the twenty -two (22) lift spaces and requiring a twelve (12) hour attendant. She noted that Condition of Approval No. 14 addresses maintenance and reported it could be expanded to include that maintenance shall occur on a regular basis at least every six (6) months at a minimum standard. Secretary Kramer noted technical corrections to the report. He commented on the improvements made from the Zoning Administrator's approval and noted the success of the appeal process. Motion made by Secretary Kramer and seconded by Commissioner Lawler to adopt the draft resolution for approval to uphold the Zoning Administrator's decision and approve Modification Permit No. MD2013 -023 with the modifications proposed by Commissioner Brown and recorded by staff to amend Conditions of Approval No. 12 and 14 as stated above. Vice Chair Tucker suggested an amendment to the motion adding to the conditions that if any of the existing ficus trees die, they will be replaced and also suggested adding a reference to a professional valet service to the Conditions of Approval. He noted that the Statement of Facts in the Resolutions have duplicative language and made additional grammatical corrections. Vice Chair Tucker added that he would like to see the Conditions of Approval recorded through the City Attorney's office so future buyers of the property see the restrictions pertaining to the use of the lifts up front in the purchase process. Page 9 of 11 VIII NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14 Secretary Kramer and Commissioner Lawler agreed with adding language that existing trees will be replaced if they die and that a professional valet service will be used. Regarding recording the Conditions of Approval, Ms. Brandt suggested recording a land use restriction at the County of Orange on the property which would refer to the Planning Commission Resolution and associated Conditions of Approval available at the City to notify anyone obtaining title records that the permit exists. Commissioners Kramer and Lawler agreed. Chair Hillgren called for a vote and the amended motion carried (5 — 1) AYES: Brown, Kramer, Lawler, Myers, and Tucker NOES: Hillgren ABSTENTIONS: None ABSENT: Ameri STAFF AND COMMISSIONER ITEMS ITEM NO.4 MOTION FOR RECONSIDERATION - None ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Committee Updates: 1. Land Use Element Amendment Advisory Committee Ms. Brandt referenced the earlier Study Session where the aforementioned item was considered. 2. General Plan /Local Coastal Program Implementation Committee Ms. Brandt reported that the Committee has been meeting on a monthly basis and provided an update of recent discussions. Staff is trying to maintain and have a good working relationship with Coastal Commission staff going through the process. ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT Vice Chair Tucker commented on the matter of parking lifts and the need to bring it to City Council's attention so that they may determine whether they would like to regulate them or not. He asked that staff return to the Planning Commission with suggestions as to how to advise Council on this matter as there is no guidance regarding the subject in the Code. Chair Hillgren inquired regarding the Post Office matter and the appeal of the case and Ms. Brandt reported that Council considered the proposed General Plan Amendment to the property as well as the Local Coastal Plan and initially denied the project and directed staff to return with a resolution. When staff returned with a resolution for denial, Council considered the possibility of looking at the project again with conceptual plans for development. The applicant requested continuance to develop a concept plan as well as plans for the Post Office. Once staff receives that information, it will be rescheduled for Council consideration. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Commissioner Brown reported he will be travelling June 5th and requested an excused absence. Chair Hillgren reported he will be travelling May 22nd and requested an excused absence. Commissioner Myers indicated he will need to leave by 9:00 p.m. on May 22nd. Page 10 of 11 NEWPORT BEACH PLANNING COMMISSION MINUTES 5/8/14 Commissioner Lawler reported he will not be available June 5th. IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 9:55 p.m. The agenda for the Regular Meeting was posted on May 2, 2014, at 2:38 p.m., in the binder and on the City Hall Electronic Bulletin Board located in the entrance of the Council Chambers at 100 Civic Center Drive, Page 11 of 11 F-11 i r-1191: I P d=I► 11 IE� Z IW RESOLUTION NO. 1943 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2013 -021 FOR AN EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS OF OPERATION AT 215 RIVERSIDE AVENUE (PA2013 -203) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Jeff Hall, representing 217 Riverside Ave Merchants, with respect to property located at 215 Riverside Avenue, and legally described as Lot D of Tract 919, including a portion of the abandoned street adjacent, requesting approval of a conditional use permit for the expansion of an existing restaurant. 2. The applicant requests an amendment to Use Permit No. UP1677 (Amended), remodeling the existing restaurant currently operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license, adding an outdoor dining patio, and extending service to include late hours of operation (after 11:00 p.m.). Also included is a request to waive a portion of the required parking and approve a parking management program authorizing off -site parking, annual parking passes for employees, and valet parking. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B). 5. A public hearing was held on May 8, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing Facilities) 2. The proposed project involves the minor alteration of an existing structure. The additional area associated with the outdoor dining patio consists of 990 square feet, which is well within the thresholds identified in CEQA Guidelines Section 15301. Therefore, the interior use and outdoor dining patio qualify for a categorical exemption under Class 1. Planning Commission Resolution No. 1943 Paae 2 of 17 SECTION 3. REQUIRED FINDINGS. Pursuant to Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements) of the Newport Beach Municipal Code, eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the Commercial General (CG) Zoning District. The existing establishment operates pursuant to Use Permit No. UP1677 (as amended September 11, 1989). The requested extension in the hours of operation, addition of an outdoor dining patio, and new bar are considered substantial changes in operation that require an amendment to the existing conditional use permit. In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code. Facts in Support of Findin The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is maintained and that a healthy environment for residents and businesses is preserved. While the proposed establishment is located in an area which has a higher concentration of alcohol licenses than some areas, the restaurant is appropriate since the existing Type 47 license is already included within the statistics provided and the use permit would acknowledge the existing license type. The subject property's location in relationship to residential zoning districts, day care centers, hospitals, park facilities, places of worship, schools, other similar uses and uses that attract minors have been considered. Operational conditions of approval recommended by the Police Department relative to hours of operation, the sale of alcoholic beverages, including an Operator License will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The subject property is located in an area with a variety of land uses including commercial, retail, residential, and coastal resources. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surrounding land uses. In accordance with Section 20.52.020.E (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable Specific Plan. 10 -15 -2013 Planning Commission Resolution No. 1943 Paqe 3 of 17 Facts in Support of Finding: 1. The expanded eating and drinking establishment with late hours and alcoholic beverage service is consistent with the General Commercial (CG) land use designation of the General Plan. 2. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve local or regional needs. Food Service uses are expected to be found in this area and are complementary to the surrounding commercial and residential uses. 3. The project site is not located within a Specific Plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. Eating and drinking establishments classified as Food Service, Late -Hours require the approval of a conditional use permit within the Commercial General (CG) Zoning District. 2. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. 3. The restaurant, outdoor patio, parking management program, and proposed exterior improvements are consistent with the Mariners Mile Strategic Vision and Design Framework. The renovation of the existing restaurant will support local establishments in the Mariners Village core, improve the pedestrian streetscape, and make more efficient use of available parking in the vicinity. 4. Pursuant to Chapter 5.25, an amendment to a use permit requires the operator of the establishment to secure an Operator License from the Police Department to maintain operating hours beyond 11:00 p.m. This requirement is included in the conditions of approval. Finding: D. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. Adequate parking is provided for the restaurant during all hours of operation as designated in the parking management program. A minimum of six parking spaces are provided for the restaurant's use at the off -site parking lot located across Riverside 10 -15 -2013 Planning Commission Resolution No. 1943 Paae 4 of 17 Avenue from the property at 2660 Avon Street. Public parking also exists in the municipal parking lot at 200 Tustin Avenue, which will accommodate employee parking through the purchase of annual parking passes. 2. The use of the off -site parking with optional valet service reduces any congestion created by restaurant patrons looking for parking and ensures greater usage of the off - site parking facility. 3. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages include the closure of the outdoor dining patio by 10:00 p.m. will promote compatibility with the surrounding uses by minimizing alcohol related impacts. 4. The conditions of approval include the requirement that the exterior windows and doors of the facility be closed after 10:00 p.m. will minimize sound emanating from the property and causing disturbances to residential land uses in the vicinity. 5. Because the conditions of approval prohibit live entertainment and dancing; require that the restaurant close by 12:00 midnight Sunday through Thursday and by 1:00 a.m. on Fridays and Saturdays; and, use of the outdoor dining patio after 10:00 p.m. is prohibited, no disturbance to adjacent residential uses is anticipated. 6. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 7. Existing trash storage for the restaurant is provided within a trash enclosure along Riverside Avenue. The trash enclosure will be modified to provide a solid decorative roof cover in compliance with Newport Beach Municipal Code standards for solid waste and recyclable materials storage. The requested changes to the restaurant operation are not expected to result in an increase in trash collection activities. A condition of approval has been included requiring the trash to be kept within the trash enclosure, except during collection. 8. This is an existing restaurant location and is compatible with other commercial uses in the area. The restaurant also serves as an important visitor - serving use that benefits the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 10 -15 -2013 Planning Commission Resolution No. 1943 Facts in Support of Finding: Adequate public and emergency vehicle access, public services, and utilities exist for the site. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. Although the site does not provide the minimum number of off- street parking spaces on -site, sufficient off -site parking will be provided pursuant to the parking management program to accommodate the needs of the expanded restaurant. 4. The locations of the off -site parking is in close proximity to the restaurant and does not create a traffic hazard in the surrounding area. A parking agreement will be recorded providing for the availability of a minimum of six off -site parking spaces for the restaurant. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: The renovations to the existing restaurant facility should have a positive impact on the area and may promote further revitalization of commercial properties located in Mariners Mile. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours for the outdoor dining patio hours reduce impacts to residential land uses nearby and sufficient parking is available in the area to accommodate the restaurant. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 3. In order to maintain late hours, the applicant will be required to obtain an Operator License from the Police Department. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations if objectionable conditions occur. 10 -15 -2013 Planning Commission Resolution No. 1943 Paae 6 of 17 4. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment, recreational entertainment or dancing is permitted. Prohibition of live entertainment, recreational entertainment or dancing will minimize potential land use conflicts, nuisances, and police intervention. In accordance with Section 20.40.100 (Off -Site Parking) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: G. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: 1. Sixteen parking spaces are available on -site for the restaurant. 2. The applicant has secured an off -site parking for a minimum of six parking spaces at 2660 Avon Street. The lot is conveniently located across Riverside Avenue from the subject property 125 feet away. 3. A municipal parking lot providing approximately 88 parking spaces is available approximately 600 feet to the southeast down Avon Street. A condition of approval is included requiring the purchase of parking permits on an annual basis for all ten employees to use this lot. Finding: H. On- street parking is not being counted towards meeting parking requirement. Facts in Support of Finding: 1. On- street parking is not being counted towards meeting the parking requirement. Adequate parking is available for the restaurant through a combination of on -site parking (16 spaces), off -site parking (6 spaces), and annual employee parking passes (10 spaces). 2. Valet parking is optional, and will be utilized if additional parking is necessary. 3. Fifteen off- street parking spaces at 2630 Avon Street and ten on- street metered spaces in front of the restaurant are available; while these spaces do not officially contribute to the off - street parking requirement, these spaces will be utilized on an informal basis. 10 -15 -2013 Planning Commission Resolution No. 1943 Paqe 7 of 17 Finding: 1. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: Signage will be provided on -site and at the off -site parking lots to designate the availability of the off -site parking lots for patrons of the restaurant. 2. The use of the off -site parking, with optional valet service, reduces any congestion created by restaurant patrons looking for parking and ensures greater usage of the off - site parking facility. 3. The City Traffic Engineer has found circulation and access for the optional valet parking plan to be adequate. 4. The off -site parking lot is located in close proximity across Riverside Avenue from the subject property. Finding: J. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. The property owner of 2660 Avon Street will be required to record a parking agreement for a minimum of six parking spaces. The agreement must be approved by the Director and City Attorney and recorded with the County Recorder. 2. Signage will be provided on -site and at the off -site parking lots to designate the availability of the off -site parking lots for patrons of the restaurant. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2013 -021 (PA2013 -203), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 10 -15 -2013 Planning Commission Resolution No. 1943 Paae 8 of 17 3. Conditional Use Permit No. UP2013 -021 (PA2013 -203) replaces and supercedes Use Permit No. UP1677, which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 8t" DAY OF MAY, 2014. AYES: BROWN, HILLGREN, KRAMER, LAWLER, MYERS, AND TUCKER NOES: NONE ABSTAIN: NONE ABSENT: AMERI M AM 10 -15 -2013 Planning Commission Resolution No. 1943 Paqe 9 of 17 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2013 -021 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. The operator as well as future operators of the restaurant shall obtain an Operator License pursuant to Chapter 5.25 (Operator License) of the Municipal Code. The Operator License may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the restaurant. 10. The hours of operation for the interior of the restaurant shall be limited between 5:00 p.m. to 11:00 p.m., Monday through Thursday, 5:00 p.m. to 12:00 midnight Friday, 10:00 a.m. to 12:00 midnight Saturday, and 10:00 a.m. to 11:00 p.m. Sunday. 10 -15 -2013 Planning Commission Resolution No. 1943 11. The restaurant shall be allowed a limited lunch time operation (11:00 a.m. to 5:00 p.m., Monday through Friday) which will include the chef's dining area and chef's dining patio only (764 square feet of "Net Public Area" only). 12. Service on the outdoor dining patio shall end by 10:00 p.m., daily. The outdoor dining patio shall be closed by 10:30p.m., daily. 13. The interior "net public area" of the restaurant shall not exceed 1,183 square feet. A maximum of 55 seats shall be provided within the interior of the establishment. 14. The accessory outdoor dining shall be used only in conjunction with the restaurant. The outdoor dining patio shall be limited to 990 square feet in area and provide seating for no more than 52 persons. 15. The exterior windows and doors of the facility be closed after 10:00 p.m. 16. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. The installation of roof coverings in addition to the proposed cedar trellis shall not have the effect of creating a permanent enclosure. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 17. The existing parking lot shall be maintained with approved traffic markers or painted white lines not less than four inches wide. All sixteen parking spaces on the site shall be accessible and useable for vehicular parking at all times. A directional sign shall be maintained designating that parking is available to the rear of the building. 18. All asphaltic pavement surfaces of the existing parking areas shall be maintained. No alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. 19. The subject property shall comply with the approved Parking Management Program dated May 8, 2014, and any amendment to the Parking Management Program shall be subject to the approval of the Community Development Director. 20. An off -site parking agreement, approved as to form by the City Attorney's Office, shall be recorded prior to the issuance of building permits. The City, applicant, and property owner of 2660 Avon Street shall be a party to the agreement. The agreement shall guarantee that a minimum of six (6) parking spaces shall be provided at 2660 Avon Street (A portion of Lot 42 and all of Lot 43 of Tract 1133) for the duration of the restaurant use at 215 Riverside Avenue. In the event that the use of the off - street automobile parking spaces provided for in the agreement are lost for any reason, the applicant shall notify the Community Development Director 30 days prior to the loss of the parking spaces. Upon notification that the agreements for the required off -site parking has terminated, the Director shall establish a reasonable time in which one of 110310,11 HO Planning Commission Resolution No. 1943 Paqe 11 of 17 the following shall occur: (a) Substitute parking is provided that is acceptable to the Director; (b) The size or capacity of the use is reduced in proportion to the parking spaces lost; (c) The applicant submits to the Director a new or amended Off -Site Parking Agreement, giving the applicant the use of at least the same number of parking spaces. 21. Restaurant employees shall park their automobiles in the "Mariners Mile" municipal lot. The applicant or operator of the facility shall purchase parking permits for ten employees on an annual basis for the Mariners Mile Lot, and shall direct employees to park in said parking lot. 22. Valet operations shall not impact the public right -of -way. Vehicle staging, drop off and pick -up shall occur on -site only and the valet pick -up and delivery station shall not be located in the public- right -of -way. 23. Prior to certificate of occupancy, the applicant shall provide signage on -site indicating the location of additional parking at the off -site parking lot in locations acceptable to the Planning Division. 24. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 25. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 26. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 27. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre - recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 28. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 29. Construction activities shall comply with Section 10.28.040 (Construction Activity - Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise between the hours of 7:00 10 -15 -2013 Planning Commission Resolution No. 1943 Paae 12 of 17 a.m, and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 30. The existing block wall and storage structure adjacent to the driveway on Riverside Avenue shall be lowered to a height of 36 inches so as to provide better sight distance for motorists on the steep driveway. 31. All mechanical equipment and trash areas shall be screened from adjoining streets. 32. All lighting shall conform to the standards of Section 20.48.140 (Outdoor Storage, Display, and Activities). Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 33. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 34. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 35. Trash receptacles for patrons shall be conveniently located inside of the establishment. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 36. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 37. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 38. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 39. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional 111151.0019, Planning Commission Resolution No. 1943 Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 40. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Nesai Conditional Use Permit including, but not limited to, the Conditional Use Permit No. UP2013 -021 (PA2013 -203). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department Conditions 41. The approval is only for the establishment of an eating and drinking establishment as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 42. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On -Sale General) in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 43. [deleted] 44. [deleted] 45. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 46. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 10 -15 -2013 Planning Commission Resolution No. 1943 Page 14 of 17 47. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 48. The operator of the establishment shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 49. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 50. There shall be no on -site radio, televisions, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 51. There shall be no live entertainment or dancing allowed on the premises. 52. Strict adherence to maximum occupancy limits is required. 53. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 54. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 55. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 10 -15 -2013 Planning Commission Resolution No. 1943 Page 15 of 17 Fire Department Conditions 56. Areas or rooms with occupant loads of more than 50 persons will require two exits. Exits must be arranged as per California Fire Code Section 1015.2.1. 57. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system. 58. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. Building Division Conditions 59. Window openings are shown in the exterior wall parallel to Avon Street, which are not shown on the last approved plan from 1983. New openings are proposed in the wall between the restaurant/dining space and kitchen and the northeast exterior wall at the rear of the kitchen has been altered. These walls shall be analyzed by a civil /structural engineer for consideration of decreased capacity due to new openings, compared with seismic demand on them in accordance with the 2013 CBC. 60. Minimum 1 -hour rated construction shall be provided at the patio structure within the 10- foot width of the exit discharge between building exit doors and the public sidewalk. Refer to CBC 1027.5.2 and CBC 1002 for definition of 'yard' (open to sky). 61. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 62. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 63. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 64. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 65. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Community Development Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 10 -15 -2013 Planning Commission Resolution No. 1943 Paqe 16 of 17 Public Works Conditions 66. All improvements shall be constructed as required by Ordinance and the Public Works Department. 67. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, curb /gutter, and driveway along the Avon Street frontage. 68. All existing private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of -way fronting the development site shall be removed. 69. All new and existing water services shall be protected by a City approved backflow assembly. 70. All new and existing sewer laterals shall have a sewer cleanout, installed with a traffic - grade box and cover, located on the public side of the property line. 71. An encroachment permit is required for all activities within the public right -of -way. 72. The trellis eave shall not encroach more than 1 -foot into the adjacent right -of -way. 73. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L and Municipal Code 20.30.130. 74. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 75. All on -site drainage shall comply with the latest City Water Quality requirements. 76. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 77. The proposed patio shall be constructed on private property. 78. At a minimum, a 6 -foot sidewalk shall be maintained along Avon Street. 79. The parking lot configuration shall be consistent with the previously approved Use Permit No. UP1677 (Amended 1983). 80. The patio overhang shall be covered under a building permit in order to be consistent with Council Policy. If any portion of the overhang is within the public right -of -way, an encroachment permit is required. If an encroachment permit is approved, the patio overhang shall not encroach more than 1foot over the public sidewalk and must maintain a minimum vertical clearance of 8 feet. 10 -15 -2013 Planning Commission Resolution No. 1943 Paae 17 of 17 81. The storage area adjacent to Riverside Avenue shall be lowered to a height of 36 inches in order to comply with sight distance requirements at the intersection of the driveway and Riverside Avenue. 82. County Sanitation District fees shall be paid prior to the issuance of any building permits. 10 -15 -2013 ATTACHMENT CC -6 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 8, 2014 Meeting Agenda Item 2 SUBJECT: Nesai Restaurant - (PA2013 -203) 215 Riverside Avenue Conditional Use Permit No. UP2013 -021 APPLICANT: 217 Riverside Ave Merchants PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY A conditional use permit to remodel an existing restaurant currently operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license, adding an outdoor dining patio, and extending service to include late hours of operation (after 11:00 p.m.). Also included is a request to waive a portion of the required parking and approve a parking management program that includes off -site parking at 2660 Avon Street, annual employee parking passes for use in the City municipal parking lot (Mariners Mile Lot), and valet parking. Due to the late hours of operation, approval of an Operator's License by the Newport Beach Police Department will be required. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2013 -021 subject to the conditions of approval provided in the draft resolution and superseding UP1677. (Attachment No. PC 1). INTRODUCTION Project Setting The restaurant is located at the intersection of Riverside Avenue and Avon Street. The property is developed with an 8,056- square -foot, three -story building containing a 2,910- square -foot restaurant at the first floor level and office uses on the second and third floors. A surface parking area containing 18 parking spaces serves the uses on- site. Surrounding uses include residential dwelling units to the north and east, retail shops and a post office to the southeast, retail shops to the southwest, and Cliff Drive Park to the northwest. The proposed off -site parking lot at 2660 Avon Street is located 1 INTENTIONALLY BLANK PAGE Nesai Conditional Use Permit May 8, 2014 Page 2 VICINITY MAP ale - Jr ° i r Subject Property ' 2660 Avon �Ap„_ Street ,.,� 4" •'- 2630 Avon. Street 1 Municipal Lot r GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE CG General Commercial CG Commercial General Restaurant and Office NORTH RS -D (Single -Unit Residential ) R -1 (Single -Unit Residential Single- family residences SOUTH PF (Public Facilities) And MU -H1 (Mixed -Use PF (Public Facilities) and MU -MM (Mixed -Use post Office and Retail Shopping Horizontal ) Mariners Mile Center CG (General Commercial) CG (Commercial General) EAST and CG (General and R -1 (Single -Unit Retail and Single- family residences Commercial ) Residential WEST PR (Parks and Recreation PR (Parks and Recreation) Cliff Drive Park S Nesai Conditional Use Permit May 8, 2014 Page 3 approximately 125 feet from the subject property across Riverside Avenue and is developed with Moultrup Finish Hardware, a cosmetic studio, a consignment store, and six parking spaces. Site photographs of the subject property and the off -site parking lot are included as Attachment No. PC 3. Background A use permit establishing a restaurant at the subject location was approved by the Planning Commission on June 7, 1973. Two subsequent amendments were approved for the restaurant in 1975 and 1983 that authorized the expansion and waiver of parking spaces on -site. In 1989, Avon Street was improved by the City and removed ten on -site parking spaces along Avon Street and four parking spaces along Riverside Avenue. The ten spaces along Avon Street were converted to two -hour public metered spaces as they were located in the right -of -way. At its meeting of September 11, 1989, the City Council approved a third amendment to the Use Permit, waiving the parking that was removed by the City street improvement project and permitting the full operation of the restaurant. The approval allowed for a restaurant with 1,231 square feet of interior net public area' (764 square feet at lunch hour), alcohol service, 25 interior tables with seating for 92 persons, and hours of operation from 11:00 a.m. to 10:00 p.m., Sunday through Thursday and from 11:00 a.m. to 11:00 p.m. on Friday and Saturday. A total of 15 required parking spaces were waived with the understanding that the ten metered parking spaces along Avon Street would likely be used by restaurant patrons. The approval also waived all of the required parking during daytime lunch operations. A summary of the restaurant operations authorized in 1989 is provided in Table 1, below. The most recent City Council minutes, resolution, and staff report for Use Permit No. UP1677 are attached as Attachment Nos. PC 4, 5, and 6). A six -month review of the use was conducted in 1990 and operations were found to be acceptable. Table 1. Summary of UP3677- Existing Entitlement ' Net Public Area is defined as the total area used to serve customers, including customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. 4 Day Evening Net Public Area 764 sq ft 1231 sq ft Seats 15 92 Hours • 11:00 a.m. to 5:00 p.m., daily • 5:00 p.m. to 10:00 p.m., Sunday through Thursday • 5:00 p.m. to 11:00 p.m., Friday and Saturday Code Required Parking 20 30 Parking Waived 20 15 ' Net Public Area is defined as the total area used to serve customers, including customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. 4 Nesai Conditional Use Permit May 8, 2014 Page 4 An outdoor dining patio was subsequently constructed adjacent to Avon Street. The Use Permit was never amended to reflect this dining patio and no building permit history is available for this structure. Portions of the as -built patio encroach over the property line into the public right -of -way. A Type 47 (On -Sale General for Bona Fide Public Eating Place) ABC license authorizing the sale of beer, wine, and distilled spirits for consumption on the premises was issued to the establishment in 1986. At that time, an amendment to the Use Permit was not required for this change. Project Description The applicant requests a Conditional Use Permit to remodel and expand the existing restaurant. The remodeled restaurant proposes 1,183 square feet of interior net public area with 55 dining seats. The existing restrooms would be relocated and reconstructed for ADA accessibility. The interior floor plan includes a 39 -seat main dining room with a new 13 -seat bar area. A second 16 -seat chefs dining room is proposed where patrons will have the opportunity to watch the chef prepare menu items at a chefs dining counter. The existing kitchen would also be remodeled to provide a new drink station, storage, a new grease interceptor, a mop -sink, and wash -out area. Live entertainment and dancing are not proposed as part of the restaurant operation. A new 990 - square -foot outdoor dining patio is proposed with 52 seats. The existing unauthorized patio area would be removed and a new patio would be constructed entirely on private property with the eaves projecting no more than 1 -foot over the sidewalk in compliance with Council Policy L -6 (Private Encroachments in Public Rights -of -Way). The patio area would be covered by a cedar open trellis and the patio fence facing the street would be characterized by a green wall with a 38 -inch high cedar boundary fence and potted aromatic plants above. An exhibit demonstrating the proposed materials and finishes is provided as Attachment No. PC 7. The applicant requests to add late hours of operation (after 11:00 p.m.) as detailed in Table 2. Service on the outdoor dining patio would end by 10:30 p.m., but would be available for use by guests until the closing hour. Due to the late hours of operation, approval of an Operator's License by the Newport Beach Police Department is required. The existing surface parking lot will be restriped to remove substandard parking stalls and conform to the circulation pattern authorized in 1983. A total of 16 parking spaces will be provided. A parking management program accounts for additional parking demand associated with the addition of the outdoor dining patio by securing off -site parking with optional valet parking, purchasing annual parking passes for use by restaurant employees, and off - setting hours of operation with other surrounding land uses. 5 Nesai Conditional Use Permit May 8, 2014 Page 5 Including the new outdoor dining patio, the net public area of the restaurant will increase by 942 square feet from 1,231 square feet for a total of 2,173 square feet (Attachment No. PC 14 Project Plans). The total seating count will increase by 15 seats for a total of 107 seats. If approved, the subject conditional use permit will supersede the existing use permit. Table 2. Summary of Proposed CUP DISCUSSION Consistency with General Plan /Coastal Land Use Plan /Zoning The site is designated CG (General Commercial) by the General Plan Land Use Element, Coastal Land Use Plan, and the Zoning Code. These designations are intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve local or regional needs. Food Service uses are allowed by these land use designations and are complementary to the surrounding commercial and residential uses. Under the General Plan land use designation of CG, the Floor Area Ratio (FAR) for the subject property is limited to 0.5. The existing FAR for the subject property conforms at 0.5. The proposed application will not result in an increase in the gross floor area ratio. The project would allow for reuse of the existing restaurant, maintaining the character of the district. The proposed project requires a conditional use permit to extend the hours of operation, add an outdoor dining patio, add a new bar, and to authorize a parking management program. Mariners Mile Strategic Vision and Design Framework The Mariners Mile Strategic Vision and Design Framework is a vision for an improved, enriched, and enlivened Mariners Mile (Attachment No. PC 8). The Strategic Vision 0 Day Evening • 764 sq ft, Monday - Friday, 2,173 sq ft • 2,173 sq ft, Saturday and Net public area Sunday • 34, Monday - Friday 107 Seats • 107, Saturday and Sunday Hours • 11:00 a.m. to 5:00 p.m., • 5:00 p.m. to 12:00 a.m., Sunday Monday - Friday through Thursday • 10:00 a.m. to 5:00 p.m., • 5:00 p.m. to 1:00 a.m., Friday and Saturday and Sunday Saturday • Patio - closed by 10:30 p.m., daily Code Required • 20, Monday - Friday 47 Parking • 47, Saturday and Sunday Parking Waived 20 15 DISCUSSION Consistency with General Plan /Coastal Land Use Plan /Zoning The site is designated CG (General Commercial) by the General Plan Land Use Element, Coastal Land Use Plan, and the Zoning Code. These designations are intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve local or regional needs. Food Service uses are allowed by these land use designations and are complementary to the surrounding commercial and residential uses. Under the General Plan land use designation of CG, the Floor Area Ratio (FAR) for the subject property is limited to 0.5. The existing FAR for the subject property conforms at 0.5. The proposed application will not result in an increase in the gross floor area ratio. The project would allow for reuse of the existing restaurant, maintaining the character of the district. The proposed project requires a conditional use permit to extend the hours of operation, add an outdoor dining patio, add a new bar, and to authorize a parking management program. Mariners Mile Strategic Vision and Design Framework The Mariners Mile Strategic Vision and Design Framework is a vision for an improved, enriched, and enlivened Mariners Mile (Attachment No. PC 8). The Strategic Vision 0 Nesai Conditional Use Permit May 8, 2014 Page 6 identifies a series of goals for Mariners Village, the core retail area within Mariners Mile where the subject property is located. These goals include a more human -scale streetscape with inviting street furnishings, functional sidewalks, and local- serving tenants such as upscale market, cafes, theaters, and specialty retail. A restaurant at this location helps to establish and improve upon a local- serving tenant, enhancing the character of the area, and providing a complementary commercial use as intended within the Mariners Village core. The Design Framework identifies key objectives for planning and urban design, landscaping, signage, architecture, and parking in Mariners Mile. Existing landscaping on -site is appropriate given the topographic constraints of the lot. The existing parking area is characterized by a steeply sloping lot where the rear row of parking spaces is approximately 6 feet higher than the row below. While the parking configuration will be restriped to eliminate substandard stalls, significant alteration of the parking areas and existing landscaping is not proposed. The existing pole sign on -site is subject to abatement and must be removed or altered to conformance by October 27, 2020, unless an earlier removal is required by the provisions of Subsection (B) of Section 20.42.140 (Nonconforming Signs) of the Newport Beach Municipal Code. For the time being, this nonconforming sign may be continued and must be maintained in good condition as authorized by these regulations. The existing wall sign will be relocated in compliance with Newport Beach Municipal Code standards under separate building permits. Architecturally, the project will improve the quality of the existing building. The proposed outdoor dining patio and trellis structure promote a more human -scale streetscape while providing a more functional sidewalk along Avon Street where the existing patio encroaches into the right -of -way. The patio trellis is intended to be the primary feature of the updated building in terms of architectural expression. Materials include a cedar patio fence and trellis with a green wall consisting of potted aromatic plants. The applicant will also repaint the existing building with a neutral color scheme and contrasting trim elements at the underside of the eaves and window trims. Window planter boxes link the upper and lower stories of the building to create a cohesive design element. Brass and other hardware are utilized as accent pieces to follow the nautical theme suggested for Mariners Mile. In the absence of an implementation plan to comprehensively establish a parking district for Mariners Village, a parking management program for properties on an individual basis is necessary. The restaurant makes use of nearby off -site parking and off -sets hours of operation to fully utilize available parking in the area, consistent with the goals of the Design Framework. rd Nesai Conditional Use Permit May 8, 2014 Page 7 Parking The interior net public area proposed is 1,183 square feet, and the Zoning Code allows outdoor dining areas up to 25 percent of the interior net public area without an increase in the parking requirement. The applicant proposes a new outdoor dining patio, which is 990 square feet in area. Therefore, 296 square feet (25 percent) of the outdoor dining patio does not require additional parking. The remaining 694 square feet will need to be parked at the same rate as the interior net public area. Thus, the total net public area to be parked is 1,877 square feet. Based on 16 spaces on -site and 15 spaces waived per Use Permit No. UP1677, the expansion requires an additional 16 parking spaces. The following table provides a summary of required parking, below: Table 3. Code Required Parking Interior Net Public Area (NPA) 1,183 Outdoor Dining Patio 990 25% of Interior NPA -296 Total Net Public Area Parked 1,877 Total Code Requirement (1/40 sq ft)Z 47 Additional Spaces Required 16 On -Site Spaces Waived Under UP1677 15 Remaining Spaces Required 16 Parking Management Program A draft parking management program (Attachment No. PC 9) is provided to address the 16 required parking spaces to accommodate the expansion. The following approaches reduce the overall parking demand of the proposed restaurant: • Off -Site Parking Facilities. The applicant has secured the indefinite use of two off - site parking lots located at 2660 and 2630 Avon Street. The lots are conveniently located across Riverside Avenue from the subject property 125 and 270 feet away, respectively. As a condition of approval, the applicant will be required to provide a recorded parking agreement for a minimum of six parking spaces available at 2660 Avon Street. The agreement must be approved by the Director and City Attorney and recorded with the County Recorder. The additional 15 spaces available at 2630 Avon Street will be maintained on an informal basis as this lot offers surplus parking. The preliminary letters of agreement for each of the off -site parking lots are attached (Attachment No. PC 10) 'The Newport Beach Municipal Code requires parking for restaurants to be based upon the individual operational characteristics with a parking ratio between 1:50 and 1:30 of the Net Public Area. UP1677 was approved with a 1:40 ratio and the proposed operational characteristics are not significantly changing to warrant a change to the existing parking ratio. Nf Nesai Conditional Use Permit May 8, 2014 Page 8 • Off -Set Hours. The restaurant hours will be offset from office and retail uses that utilize the same parking areas. The office tenants on -site (215 Riverside Avenue) will utilize the surface parking lot on weekdays whereas the restaurant will utilize the on- site parking on evenings after 5:00 p.m. and on weekends. The restaurant hours will also be offset from retail tenants that utilize the off -site parking lots at 2660 and 2630 Avon Street that close at 5:00 p.m. and 6:00 p.m., respectively. • Valet Parking. Valet parking is proposed as an option to accommodate more parking in the off -site lots, if necessary. The valet pick -up and drop -off station will be located within the surface parking lot as patrons enter from Avon Street. Vehicles would then be parked at the 27 valet spaces available in the two off -site parking lots. The 16 parking spaces available in the on -site lot would remain available for patrons to self - park. Off -site parking for valet service would reduce congestion created by restaurant patrons looking for overflow parking in Mariners Mile and ensure greater usage of the off -site parking spaces available. The valet parking plan prepared by the applicant is provided as Attachment No. PC 11. • Employee Parking Passes. An approximately 88 space municipal parking lot is available approximately 600 feet to the southeast down Avon Street. The applicant proposes to purchase parking permits on an annual basis for all ten employees to use this lot. Providing employee parking passes with direction to those employees to park in that lot will help to manage the additional demand created by the restaurant. Information on annual parking passes is included as Attachment No. PC 12. The restaurant would be compatible with the surrounding uses and all required parking would be provided between the on -site surface lot, municipal parking lot for employees, and the off -site parking available. A summary of these parking strategies and their contribution to the available parking is provided in Table 4: Table 4. Off-Site Parkina Provided Strategy Self - Parking Valet Parking Off- Site -2660 Avon Street 6 12 Employee Annual Parking Passes 10 10 TOTAL OFF -SITE SPACES AVAILABLE 16 22 Off -Site Parking Requirement 16 16 Surplus Parking Available 0 6 With the proposed parking strategies, all required parking will be available for the restaurant, which in part accounts for the parking spaces waived previously. Ten metered parking spaces are available in front of the restaurant along Avon Street. While the metered spaces do not officially contribute to the off - street parking requirement for the restaurant, their close proximity means they will likely be utilized for the restaurant although they will not have exclusive access to these spaces. Additionally, 15 off -site parking spaces are available at 2630 Avon Street. These off -site spaces will be I Nesai Conditional Use Permit May 8, 2014 Page 9 maintained on an informal basis and also do not officially contribute to the off -site parking requirement. Staff recommends the approval of the parking management program and the reduction of the required off - street parking in conjunction with off -site parking, optional valet, and a condition of approval requiring payment of annual parking passes for ten employees to utilize the municipal lot at 200 Tustin Avenue. Staff recommends incorporating flexibility for daytime lunch operations as approved under Use Permit No. UP1677 into the proposed Conditional Use Permit. Staff suggests providing the applicant with the flexibility to open the smaller chef's dining room and chef's dining patio during lunchtime hours. Late -Hour Operations Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the Newport Beach Municipal Code, the Planning Commission must consider the following potential impacts upon adjacent or nearby uses when reviewing an application to allow late -hour operations3: 1. Noise from music, dancing, and voices associated with allowed outdoor uses and activities; 2. High levels of lighting and illumination; 3. Increased pedestrian and vehicular traffic activity during late and early morning hours; 4. Increased trash and recycling collection activities; 5. Occupancy loads of the use; and 6. Any other factors that may affect adjacent or nearby uses. As proposed by the applicant, the interior of the restaurant will close by 12:00 midnight Sunday through Thursday and close by 1:00 a.m. on Friday and Saturday. Potential noise impacts from the interior of the restaurant will be limited because no live entertainment or dancing is proposed. The proposed closing hours in comparison with other restaurants that close at 2:00 a.m. will assist the Police Department with controlling nuisances in the area. The applicant requests to end meal service on the outdoor dining patio by 10:30 p.m. but would like to keep the patio open and available for use by guests until the closing hour. The nearest residential uses are located on the properties immediately north and adjacent to the restaurant and approximately 78 feet east of the restaurant directly across Riverside Avenue. The location of the outdoor dining patio will help limit exterior noise impacts given the orientation of the building facing Avon Street. The Police Department has submitted a recommending a closing hour of 10:00 p.m. for the outdoor dining patio (Attachment No. PC 13). Staff concurs 3 Late Hour Operations. Facilities that provide service after 11:00 p.m. any day of the week. (NBMC Sec.20.70.020) 10 Nesai Conditional Use Permit May 8, 2014 Page 10 with this recommendation to diminish the effects of exterior noise resulting from the outdoor dining patio on nearby residential uses. The occupancy load is 151 persons including the outdoor dining patio (66 persons). The extended hours of operation will result in increased late -hour pedestrian and vehicular activity. The location in Mariners Mile will cater to nearby residents and visitors and most traffic is likely to use Coast Highway rather than travel north on Riverside Avenue through Newport Heights. The increase in traffic will occur at off -peak times and the earlier closure of the outdoor dining patio diminishes noise to nearby residents. The proposed use will not necessitate high levels of lighting or illumination and any outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). Trash storage for the restaurant will be provided within an existing trash enclosure adjacent to Riverside Avenue. A new solid decorative cover will be added to the enclosure. Should the Planning Commission approve this conditional use permit, the applicant will be required to obtain an Operator License from the Police Department. The Operator License provides for enhanced enforcement to control noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances that could result from the establishment, and provides the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations. Conditional Use Permit Findings The requested extension in the hours of operation, addition of an outdoor dining patio, and new bar are considered substantial changes in operation that require an amendment to the existing conditional use permit. Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a conditional use permit: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise 11 Nesai Conditional Use Permit May 8, 2014 Page 11 constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist in support of each finding. The restaurant operation is defined as an Eating and Drinking Establishment, Food Service, Late Hours use with alcoholic beverage service and is consistent with the purpose and intent of the General Commercial (CG) General Plan land use designation and Zoning District. The CG designation is intended to provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve local or regional needs. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses through compliance with the proposed conditions of approval and through implementation of the operator's license. The 10:00 p.m. closing time for the outdoor dining patio will reduce the impact of noise to nearby residents. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. The proposed renovations to the existing restaurant will potentially have a positive impact on the overall economic health of the community and may promote further revitalization of the other commercial properties within the Mariners Mile area. A minimum of 16 parking spaces are provided on -site and a minimum of 6 parking spaces are provided within the off -site parking lot for the restaurant. A total of 15 parking spaces are waived as approved by Use Permit No. UP1677 (Amended 1989). Employee parking (10 spaces) is also available in the nearby municipal parking lot at 200 Tustin Avenue through the purchase of annual parking passes. Therefore, staff believes adequate parking is provided during the proposed hours of operation with the implementation of the parking management program. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 2). In this case, Use Permit No. UP1677 will remain in effect unless action is taken to revoke this permit. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 12 Nesai Conditional Use Permit May 8, 2014 Page 12 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the minor alteration of an existing structure. The additional area associated with the outdoor dining patio consists of 990 square feet, which is well within the thresholds identified in CEQA Guidelines Section 15301. Therefore, the interior use and outdoor dining patio qualify for a categorical exemption under Class 1. If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the CEQA Guidelines. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Makana ova Assistant Planner ATTACHMENTS Submitted by: 1 VA PC 1 Draft Resolution for Approval with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Site Photographs PC 4 City Council Resolution of UP1677 PC 5 City Council Minutes of UP1677 PC 6 City Council Staff Report of UP1677 PC 7 Materials Board PC 8 Mariners Mile Design Guidelines PC 9 Parking Management Program PC 10 Off -Site Parking Letters PC 11 Valet Plan PC 12 Annual Parking Pass Information PC 13 Police Department Memorandum PC 14 Project Plans 13 ATTACHMENT CC -7 215 Riverside Ave. Parking area entrance facing 2911 Cliff Drive. 215 Riverside Ave. Lower level parking area on -site. 4 i I; ,b 215 Riverside Ave. Existing outdoor dining patio. Pq W z L ATTACHMENT CC -8 FINAL FINDINGS AND CONDITIONS FOR USE PERMIT NO. 1677 (AMENDED) APPROVED BY THE CITY COUNCIL ON SEPTEMBER 11, 1989 FINDINGS: 1. The proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking is provided for the restaurant use at lunchtime during the week, since many of the restaurant patrons walk from adjoining residential and commercial areas. Furthermore, most of the public parking spaces located directly in front of the restaurant facility will be available at night and on weekends for restaurant patrons. 4. The approval of Use Permit No. 1677(Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 1. That development shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That the previous Use Permit No. 1677 (Amended) and Variance No. 1106 shall expire with the approval of this application. 3. That the restaurant shall be allowed a limited lunch time operation during the week which will include the front entrance area and the front dining area (764± sq.ft. of "net public area") only. 4. That the existing parking lot shall be maintained with approved traffic markers or painted white lines not less than 4 inches wide, in accordance with the existing parking layout. All fifteen parking spaces on the site shall be accessible and usable for vehicular parking at all times. A directional sign shall be maintained designating that parking is available to rear of the building. 5. That all asphaltic pavement surfaces of the existing parking areas shall be maintained. 47L ►1 Final Findings and Conditions Page 2. ri 6. That all of the required daytime restaurant parking spaces are waived and all of the existing on -site parking spaces (15 spaces) shall be available for the exclusive nighttime use of the Stuft Noodle Restaurant. 7. That all mechanical equipment and trash areas shall be screened from adjoining streets. The existing trash area shall be relocated so that the trash doors and trash trucks will not interfere with pedestrians on the sidewalk on Riverside Avenue. 8. That approximately 5 feet of the existing block wall adjacent to the driveway on Riverside Avenue shall be lowered so as to provide better sight distance for motorists on the steep driveway. 9. That no alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. 10. That the restaurant employees shall be required to park their automobiles in the "Mariner's Mile" municipal lot. 11. That all signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code. 12. That the hours of operation for the restaurant use shall be limited from 11:00 am. to 10:00 p.m., Sunday through Thursday and to 11:00 p.m. on Friday and Saturday. 13. That the applicant shall obtain Coastal Commission approval of this application. 14. That the development standards pertaining to traffic circulation, walls, landscaping, parking lot illumination, underground utilities and a portion of the required parking spaces shall be waived. 15. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use peanut causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That the Planning Commission shall review the subject use permit six months from the date of City Council approval. 42 I ATTACHMENT CC -9 C-r(Y OF NEWPORT BL�CH COUNCIL MEMBERS vX v r � MINUTES ROLL CALL 3 p'p September 11, 1989 INDEX 5. That no construction GPA 89 -1(C) vehicles operating from the subject project be permitted to turn left onto Seaward Avenue to access the Morning Canyon traffic light; and 6. That no construction take place on Saturdays, Sundays, or City- observed holidays; however, the developer is permitted to lean the site on S turdays, providing no po d machinery is use MAYOR PRO TEM PLUMMER ENTER�M THE MEETING AT THIS TIME (8:15 P.M.) AND TOOK HER SEAT. Mayor Strauss requested \h t Council Member Sansone amend the mo�r�ion to extend the affordability per d from 20 to 35 years, to which there we a no objections. Council Member Turner commented t t he did not want to see the 35 -year \ ' affordability period become the new "benchmark" for the City as a result of this action. Ayes x x x x x The motion, as amended, was voted on and Abstain x carried_ 3. Mayor Strauss opened public hearing and U/P 1677(A), City Council review of USE PERMIT NO. Var 1106 1677 (Amended) and VARIANCE NO. 1106 - (88) Request of the Stuft Noodle Restaurant, Newport Beach, for consideration of adding or modifying Conditions of Approval of said applications, approved by the Planning Commission at its meeting on August 10, 1989. Property located at 215 -217 Riverside Avenue, on the northwesterly comer of Riverside Avenue and Avon Street; zoned SP -5. Report from the Planning Department. The City Clerk advised that after the agenda was printed, approximately 22 ' letters were received in support of the Stuft Noodle remaining open during the lunchtime hour. Volume 43 - Page 362 el- CITY OF NEWPORT 8"CH COUNCIL MEMBERS MINUTES ROLL CALL S z� OJ �� ^ September 11, 1989 INDEX The City Manager stated that the subject U/P 1677(A) restaurant has a history going back to 1973 when the Planning Commission approved the sale of beer and wine service at the Stuft Noodle Restaurant. The Planning Commission further amended the use permit in 1975 and 1983, and then on September 20, 1984, a condition was added which stipulated that when Avon Street was improved, the City shall review the Stuft Noodle operation again, inasmuch as said improvement could impact the parking. Avon Street has now been improved, and at the Planning Commission meeting of August 10, 1989, they voted (4 ayes, 3 noes) to recommend the approval of this matter which permits the full operation of the facility at night and on weekends, and the limited lunchtime operation during the week. It was pointed out that the major concern of the three Commissioners, who voted in opposition to the review, was the inadequate parking for the restaurant use for a limited operation at lunchtime during the week. However, a majority of the Commissioners were of the opinion that Condition of Approval No. 15 gives the Planning Commission the opportunity to review the use permit at a later date if it is determined that the traffic and parking are detrimental to the neighborhood. The applicant informed the Planning Commission that the restaurant serves a maximum of 24 customers at lunchtime during the week, and many of the customers walk to the restaurant facility. In addition, only four employees work in the restaurant during that time, and all of the employees park in the adjoining Municipal Parking Lot. Mel Malkoff, 417 Tustin Avenue, representing the owner of the Stuft Noodle, addressed the Council in support of allowing the restaurant to remain open during lunchtime, and to waive the parking requirements.. He stated that parking has been a long -time issue in Newport Heights; however, he felt that the municipal lot in Mariners Mile is underutilized. The owner of the Stuft Noodle has written a letter to the City Council requesting he be permitted to purchase three annual parking permits in the local municipal lot which would act as "off- street," or in -lieu parking for Volume 43 - Page 363 13 152 CITY OF NEWPORT BC_•ACH COUNCIL MEMBERS MINUTES °9 ZF ROLL CAL L 3tn,A v'p�p September 11, 1989 INDEX the restaurant for the lunchtime U/P 1677(A) business. Only one room of the restaurant is used at lunchtime which translates into 14 parking spaces for that size room. Patrons that frequent the restaurant are local residents and merchants from the area who walk to the restaurant rather than drive their car. He submitted two additional Letters and a petition with 18 signatures in support of the Stuft Noodle's request to remain open at lunch, and urged the City Council to sustain the action of the _ Planning Commission. Ken Urbanus, President of Sunburst Mortgage Company, 204 Riverside Drive, addressed the Council in favor of the Stuft Noodle. He stated he has 17 employees in the office, and entertains clients often who patronize and enjoy the Stuft Noodle. Dr. Jan Vandersloot, 2221 16th Street, addressed the Council and stated that he was not opposed to the Stufc Noodle, but felt there is a parking problem during lunchtime. He stated he has observed customers of the Stuft Noodle park their vehicles across the street and then walk to the restaurant. He reviewed the history of parking in the area relative to the Stuft Noodle, and stated he would like to see a more conscientious effort to try and mitigate the parking if this 1 request is approved. He cited a few areas in the Mariners Mile vicinity where parking might be available, and stated that, inasmuch as restaurants are one of the highest traffic generators, he felt the request to waive the parking requirements should be denied. Mary Ann Malkoff, 417 Tustin Avenue, representing the applicant, addressed the Council in support of the Stuft Noodle. She advised that she had contacted Bob Grable regarding the possibility of leasing some parking spaces at the John Dominis site during lunchtime hours; however, she now understands from City staff chat the parking spaces would have to be leased four to five years, which may not be possible. She emphasized that the majority of their customers walk to the restaurant and that many times they never serve over 20 people during lunch. Volume 43 - Page 364 53 CITY I OF NEWPORT BEACH COUNCIL MEMBERS MINUTES `� ROLL CALL ti� ;F �N ^ September 11, 1989 INDEX Janine Gault, 406 San Bernardino Avenue, U/P 1677(A) representing Newport Heights Community Association, addressed the Council and stated that the Stuft Noodle has been a "good neighbor;" however, there is the ever - increasing parking problem in Mariners Mile which is a major concern. She felt that review of the subject permit was perhaps the appropriate time in which to mitigate some of the parking problems even though the Stuft Noodle is probably one of the smallest traffic generators in the area. Their association would like to help in any way they can to mitigate the problems, and would also urge that the parking requirements not be waived. Robert Douk, owner of the Stuft Noodle Restaurant, addressed the Council and stated that the lunchtime trade was not his major business; however, he needed the lunchtime business in order to break -even. He has served anywhere from 3 to 30 customers during the noon hour, and he would like to be given the opportunity to prove that he is not a burden on the community. He does not feel his patrons cause any traffic or parking problems as the majority of them walk to his restaurant at lunchtime. Council Member Hart commented she wished to clarify for the record that the Stuft Noodle is deficient of 29 parking spaces when open at lunchtime, rather than the 3 parking spaces as referenced by earlier speakers. Mr. Douk replied that there are approximately 6 businesses in the offices above the restaurant, and that many of those employees are out in the field from about 10:00 a.m. to 4:00 p.m., and that his lunch trade is only from 11:30 a.m, to 1:30 p.m. The restaurant closes at 2:30 p.m. and reopens again at 5:00 p.m. The Public Works Director advised that the subject building was first constructed in 1958 and at that time parking was inadequate, and it was this particular project that led the City Council to adopt off - street parking standards. The building was developed prior to the existence of those off - street parking standards. Volume 43 - Page 365 �5 LATY OF NEWPORT B'LACH COUNCIL MEMBERS C, < aT f c 4 p2 ALPO G+L 9 9�r f' v� MINUTES ROLL CALL y� G 3�9 Nw September 11, 1989 INDEX Cheryl Slepack of Balport Lock and Safe, U/P 1677(A) 177 Riverside Avenue, addressed the Council in support of the Stuft Noodle. She stated she felt it would be a great "loss" to the immediate community if the restaurant were closed during lunch, as it is very convenient to order items "to go" to take back to their businesses. She feels the parking problem is not caused by the Stuft Noodle, but is a result of the entire area. Richard Kaufmann, owner of C'est Si Bon Bakery, 149 Riverside Avenue, addressed the Council in favor of the Stuft Noodle. He stated he has owned the bakery at this location for 10 years and that many of his employees eat at the restaurant. He also felt that many of the parking problems in the area are caused by other businesses and not by the Stuft Noodle. Rearing no others wishing to address the Council, the public hearing was closed. Council Member Hart stated there has been a long -time concern of the residents and merchants in the area to resolve the parking issues in order to make Mariners Mile successful. She pointed out again the deficiency of 29 parking spaces on the part of the Stuft Noodle, and emphasized how important it is to the area to have adequate parking. Motion x Following above comments, Council Member Hart moved to overrule the decision of the Planning Commission and deny the request for week -day operation, based on the Findings for Denial designated as Exhibit "B." Council Member Cox spoke in opposition to the motion, commenting he did not feel the Stuft Noodle was "harmful" to the parking situation during the noon hour, and that the restaurant should not be penalized for the overall parking problem in the area. Motion x In view of the foregoing comments, Ayes x x x x substitute motion was made to sustain Noes x x the decision of the Planning Commission, with Planning Commission review of the subject use permit in six months. The applicant is also urged to make every effort to seek additional off -site parking spaces in the Mariners Mile area. , Volume 43 - Page 366 16 1515 ATTACHMENT CC -10 City Council Meeting deptember 11. 1989 Agenda Item No. D -3 CITY OF NEWPORT BEACH TO: City Council FROM: Planning Department SUBJECT: A. Use Permit No. 1677 (Amended) Public hearing and City Council review of a request to review Use Permit No. 1677 (Amended) that permitted an expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunchtime operation. The review will permit the City Council to consider adding or modifying Conditions of Approval to said application. I B. Variance No. 1106 Public hearing and City Council review of a request to review Variance No. 1106 that permitted the waiver of a portion of the required off - street parking spaces in conjunction with the Stuft Noodle Restaurant. The review will permit the City Council to consider adding or modifying Conditions of Approval to said application. LOCATION: A portion of Lot D, Tract No. 919, located at 215 -217 Riverside Avenue, on the northwesterly corner of Riverside Avenue and Avon Street, across Avon Street from the United States Post Office. ZONE: SP -5 APPLICANT: Stuft Noodle Restaurant, Newport Beach OWNER: Ms, Nelly Brandsma, Newport Beach Application This is a request to review Use Permit No. 1677 (Amended) that permitted an expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunch- time operation. At its meeting of September 20, 1984, the Planning Commission approved the one year review of said use permit. Condition of Approval No. 3 of the review provided that the "Planning Commission shall review these applications again when a project is approved that would provide for the ultimate design and improvement of Avon Street." On September 20, 1984, the Planning Commission also approved the one year review of Variance No. 1106 that permitted the waiver of a portion of the required parking spaces in conjunction with the expanded operation for the Stuft Noodle Restaurant. Condition of Approval No. 3 of the review also provided that 15J TO: City Council - 2. Variance No. 1106 be reviewed by the Commission when Avon Street is i;aproved. Subsequent to the approval of this application, the Municipal Code has been revised so that a variance is no longer necessary to waive parking spaces for a restaurant use. Section 20.72.130 of the Newport Beach Municipal Code provides that the Planning Commission, or City Council on review or appeal, may modify or waive any of the development standards for restaurant uses, including required parking spaces "if strict compliance with the standards is not necessary to achieve the purpose of intent of the standard." Since Use Permit No. 1677 (Amended) is now able to provide for the waiver of parking, Variance No. 1106 is no longer necessary. Sug,.este d Action Hold hearing; close hearing; if desired, sustain, modify or overrule the decision of the Planning Commission. City Council Action At its meeting of August 28, 1989, the City Council called this matter up for public hearing and review as provided in Section 20.82.070 of the Newport Beach Municipal Code. Planning: Commission Recommendation At its meeting of August 10, 1989, the Planning Commission voted (4 Ayes, 3 Noes) to recommend the approval of this matter with the Findings and subject to the Conditions of Approval set forth in the attached excerpt of the Planning Commission minutes dated August 10, 1989. The recommended approval permitted the full operation of the restaurant facility at night and on weekends, and the limited lunchtime operation during the week. The major concern of the three Commissioners who voted in opposition to the review was the inadequate parking for the restaurant use for a limited operation at lunchtime during the week. However, a majority of the Commissioners were of the opinion that Condition of Approval No. 15 gives the Planning Commission the opportunity to review the use permit at a later date if it is determined that the traffic and parking are detrimental to the neighborhood. The applicant informed the Planning Commission that the restaurant serves a maximum of twenty - four customers at lunchtime during the week, and many of the customers walk to the restaurant facility (see attached letters from customers). In addition, only four employees work in the restaurant use during that time, and all of the employees park in the adjoining Municipal Parking Lot. Respectfully submitted, JAMES D. HEWICKER Planning Director by /� f�- WILLIAM R. LAYCOCK WRL /kk Current Planning Manager CCUP167A/V1106.811 00 x0: City Council - 3. Attachments for City Council Only: Planning Commission Staff Report dated 8/10/89 with attachments, including an excerpt of the Planning Commission minutes dated 7/20/89 Letters from Customers of the Restaurant Facility Excerpt of the Planning Commission Minutes dated 8/10/89 01 Planning Commission Meeting Sul .70. 1949 Agenda Item No. CITY OF NEWPORT BEACH TO: Planning Commission PROM: Planning Department SUBJECT: A Use Permit No 1677 (Amended)(Public Hearing) ACTION: Request to review Use Permit No. 1677 (Amended) that permitted an expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunch time operation. The review will permit the Planning Commission to consider adding or modifying conditions of approval to said application. 0 B. Variance No 1106 (Public Hearin Request to review Variance No. 1106 that permitted the waiver of a portion of the required off - street parking spaces in conjunction with the Stuft Noodle Restaurant. The review will permit the Planning Commission to consider adding or modifying conditions of approval to said application. LOCATION: A portion of Lot D, Tract No. 919, located at 215 -217 Riverside Avenue, on the northwesterly corner of Riverside Avenue and Avon Street, across Avon Street from the United States Post Office. ZONE: SP -5 APPLICANT: Stuft Noodle Restaurant, Newport Beach OWNER: Ms. Nelly Brandsma, Newport Beach Application This is a request to review Use Permit No. 1677 (Amended) that permitted an expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunch time operation. At its meeting of September 20, 1984, the Planning Commission approved the one year review of said use permit. Condition of Approval No. 3 of the review provided that the "Planning Commission shall review these applications again when a project is approved that would provide for the ultimate design and improvement of Avon Street ". 02 A TO: Planning Commission -2. On September 20, 1984, the Planning Commission also approved the one year review of Variance No. 1106 that permitted the waiver of a portion of the required parking spaces in conjunction with the expanded operation for the Stuft Noodle Restaurant. Condition of Approval No. 3 of the review also provided that Variance No. 1106 be reviewed by the Commission when Avon Street is improved. Subsequent to the approval of this application, the Municipal Code has been revised so that a variance is no longer necessary to waive parking spaces for a restaurant use. Section 20.72.130 of Newport Reach Municipal Code provides that the Planning Commission, or City Council on review or appeal, may modify or waive any of the development standards for restaurant uses, including required parking spaces 'if strict compliance with the standards is not necessary to achieve the purpose of intent of the standard ". Since Use Permit No. 1677 (Amended) is now able to provide for the waiver of parking, Variance No. 1106 is no longer necessary. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1'(Existing Facilities). Conformance with the General Plan and Local Coastal Program Land Use Plan The land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial" uses. The subject restaurant is a permitted use within this designation. In accordance with the provisions of the California Coastal Act, the subject application also requires the approval of the Coastal Commission. Subject Property and Surrounding Land Use A three story building, consisting of the Stuft Noodle Restaurant on the first floor and 5,846±- sq.ft. of office and storage space on the second and third floors, exist on the property in question. To the north is a steep bank leading up to property with single family development under construction; to the east, is a single family dwelling under construction, and across Riverside Avenue, is a single family dwelling and commercial property; to the south, across Avon Street, is a United State Post Office; and to the west is a park site. Background At its meeting of June 7, 1973, the Planning Commission approved Use Permit No. 1677 to permit the sale of beer and wine in conjunction with the Stuft Noodle Restaurant, subject to the following conditions: 1. That this approval be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 2. No beer or wine shall be served between the hours of 12:00 midnight and 11:00 a.m. 03 ` TO: Planning Commission -3 At its meeting of January 2, 1975, the Planning Commission approved Use Permit No. 1677 (Amended) which was a request to expand the existing kitchen, add additional storage areas and a private office and to expand the existing dining areas to accommodate an occupant load of 66 persons. Said approval was subject to ten conditions as outlined in the attached excerpt of the Planning Commission minutes dated January 2, 1975. On September 8,1983, the Planning Commission approved Use Permit No. 1677 (Amended) that permitted the expansion of the nighttime "net public area" of the subject restaurant facility and to allow a limited lunch time operation during the week whereas the existing use permit prohibited the restaurant from operating before 5:00 p.m. during the week. Variance No. 1106 was also approved by the Commission to waive a portion of the required off - street parking spaces. At its meeting of September 12, 1983, the City Council voted to call the action of the Planning Commission up for review. On September 26, 1983, the City Council sustained the decision of the Planning Commission. At its meeting of September 20, 1984, the Planning Commission approved the one year review of Use Permit No. 1677 (Amended) that permitted the expanded Stuft Noodle Restaurant with on -sale beer and wine and a limited lunch time operation. The Commission also approved the one year review of Variance No. 1106 that permitted the waiver of a portion of the required off - street parking spaces in conjunction with said restaurant use. An excerpt of the Planning Commission minutes regarding the review as well as the original minutes of the Planning Commission and City Council of 1983 are attached for Commission review. Condition of Approval No.3 of the review provided that the "Planning Commission shall review these applications again when a project is approved that would provide for the ultimate design and improvement of Avon Street". The Public Works Department has indicated to staff that Avon Street is scheduled to be reconstructed in front of the subject property within the next few months. The improvements will include the construction of curb, sidewalk, street lighting, storm drain and street paving along Avon street. An improvement plan showing the new street configuration in front of the Stuft Noodle Restaurant is attached for Commission review. Parking Requirements At the time the subject restaurant was expanded in 1975, the total °net public area" was 909± sq.ft, and the rear portion of the'restaurant was approved for a private office and storage areas. The restaurant parking requirement was one parking space for each three seats. Based on this formula and the availability of 22 parking spaces on site, the Planning Commission limited the restaurant operation to 66 seats. If the approved restaurant were established today, containing 909± sq.ft. of "net public area ", the current restaurant parking standard would require one parking space for each 40 square feet of "net public area" or 23 parking spaces (909± sq.ft. _ 40 ® 22.72 or 23 spaces). Based on the same formula, the parking requirement for the expanded restaurant in 1983, TO: Planning Commission -4. containing 1,201± sq.ft. of "net public area ", was 30 parking spaces (1,201± sq.ft. _ 40 ® 30 spaces). A portion of the subject restaurant (764± sq.ft. of "net public area ") was also approved to be open for a daytime lunch operation. Based on the current parking requirement of one parking space for each 40 sq.ft. of "net public area ", 20 parking spaces would be required for the limited lurch operation (764± sq.ft. 40 ® 19.1 or 20 spaces). In addition to the restaurant use, there is approximately 5,846 sq.ft. of office space and related storage areas located on the subject property. Based on the current office parking requirement of one parking space for each 250 sq.ft. of floor area, 24 parking spaces are required for the existing daytime office uses (5,846# sq.ft. _ 250 sq.ft. Q 23.3 or 24 spaces). Since there are 27 parking spaces located, or partially located, on the subject property (sea attached parking lot layout), the Planning Commission and City Council waived 17 of the required 20 parking spaces at lunchtime during the week and required all 27 parking spaces on -site to be available for the restaurant use at night and on weekends. Analysis The attached improvement plan for Avon Street indicates that 10 parking spaces will be located in front of the Stuft Noodle Restaurant. The parking spaces will be located entirely on public right -of -way, and will probably be restricted to 2 hours parking during daytime hours. Said spaces will no longer be available for the exclusive use of the restaurant facility. The existing parking layout provides 10 parking spaces in front of the commercial building. The front portion of said parking spaces are located on private, property, and so the restaurant operator has used the spaces exclusively for the restaurant use (i.e. wheel stops in the parking spaces say, "Restaurant only "). The approved parking layout for the Stuft Noodle Restaurant also indicates parking spaces located on the easterly side of the building adjacent to Riverside Avenue. Said spaces will also be eliminated in conjunction with the improvement of Avon Street and the construction of new trash and storage areas for the restaurant facility. The removal of 12 parking spaces (Spaces No. 16 -27) will provide only 15 on -site parking spaces for the restaurant and office uses located on the subject property during the daytime hours of the week. Staff is concerned that allowing the restaurant to be open for lunch during the week without adequate off- street parking will adversely affect other businesses in the area where there is already a high parking demand. Staff has no objections with the full operation of the restaurant at night and on weekends when most other commercial uses in the area are closed, inasmuch as most of the 10 public parking spaces in front of the building on Avon Street will undoubtedly be available for restaurant patrons. The applicant would like to maintain the existing hours (11:00 a.m. to 2:30 p.m., Monday through Friday) for the limited lunchtime operations. He indicated to staff that only 20t people a day eat at the restaurant facility at lunchtime during the week, and many patrons walk from the adjoining residential or ,5 tt, TO: Planning Commission -5. commercial areas. Only four employees work in the facility during that time, while a maximum of ten employees are on duty at night and on weekends. The restaurant is also open for business from 5 :00 p.m, until 10:00 P.M. most of the week, but remains open until 11:00 p.m. on Friday and Saturday. Restaurant Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that building setbacks, a portion of the parking spaces and traffic circulation, walls surrounding the restaurant site, landscaping, parking lot illumination and underground utilities be waived due to the existing developed nature of the site. Trash Enclosure Condition of Approval No.8 of the one year review of Use Permit No. 1677 (Amended) and Variance No. 1106 provides that "all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets ". As part of the periodic review of use permits, the Assistant Code Enforcement officer became aware that the doors of the trash enclosure for the restaurant facility adjacent to Riverside Avenue had been removed, and that the dumpsters and garbage were visible to pedestrians and motorists on Riverside Avenue. The applicant received a building permit that authorized the construction of the enclosure for the trash and storage areas. However, the enclosure would open onto the public right -of -way on Riverside Avenue (see attached plan of storage area). The enclosure is also adjacent to a stucco wall which virtually obscures any view of a proposed sidewalk on Riverside Avenue by motorists exiting the steep driveway northerly of the commercial building. This sidewalk is intended to be a portion of a "park loop" trail that will provide a major pedestrian link from Newport Heights to the United States Post Office and adjoining commercial property. The applicant has agreed to relocate the trash enclosure so that the trash doors and the trash trucks will not interfere with pedestrians on the sidewalk on Riverside Avenue. The existing block wall adjacent to the driveway will also be lowered adjacent to the Riverside Avenue right -of -way so as to provide better sight distance for motorists on the steep driveway_ T0: Planning Commission -6. Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use of building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve Use Permit No. 1677 (Amended) with the full operation at night and on weekends, and the limited lunchtime operation during the week, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Should the Planning Commission wish to deny the limited lunchtime operation during the week but to maintain the full restaurant operation at night and on weekends, the findings and conditions of approval set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By Ite �X� William R. Laycock Current Planning Manager WRL:11 Attachments; Exhibit "A" Exhibit "B" Vicinity Map Excerpts of the Planning Commission Minutes dated January 2, 1975, September 8, 1983 and September 20, 1984 Excerpt of the City Council Minutes dated September 26, 1983 Street Improvement Plan Existing.Parking Layout Proposed Storage Area Restaurant Floor Plan r� TO: Planning Commission -7. EXHIBIT "A" FINDINGS AND CONDITIONS FOR APPROVAL FOR USE PERMIT NO. 1677 (AMENDED) FINDINGS: 1. The proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking is provided for the restaurant use at lunchtime during the week, since many of the restaurant patrons walk from adjoining residential and commercial areas. Furthermore, most of the public parking spaces located directly in front of the restaurant facility will be available at night and on weekends for restaurant patrons. 4. The approval of Use Permit No. 1677(Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That the previous Use Permit No. 1677 (Amended) and Variance No. 1106 shall expire with the approval of this application. 3. That the restaurant shall be allowed a limited lunch time operation during the week which will include the front entrance area and the front dining area (764± sq.ft. of "net public area ") only. 4. That the existing parking lot shall be maintained with approved traffic markers or painted white lines not less than 4 inches wide, in accordance with the existing parking layout. All fifteen parking spaces on the site shall be accessible and usable for vehicular parking at all times. A directional sign shall be maintained �o g To: Planning Commission -8. designating that parking is available to rear of the building. 5. That all asphaltic pavement surfaces of the existing parking areas shall be maintained. 6. That all of the required daytime restaurant parking spaces are waived and all of the existing on -site parking spaces (15 spaces) shall be available for the exclusive nighttime use of the Stuft Noodle Restaurant. 7. That all mechanical equipment and trash areas shall be screened from adjoining streets. The existing trash area shall be relocated so that the trash, doors and trash trucks will not interfere with pedestrians on the sidewalk on Riverside Avenue. 8. That approximately 5 feet of the existing block wall adjacent to the driveway on Riverside Avenue shall be lowered so as to provide better sight distance for motorists on the steep driveway. 9. That no alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. 10. That the restaurant employees shall be required to park their automobiles in the "Mariner's Mile" municipal lot. 11. That all signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code. 12. That the hours of operation for the restaurant use shall be limited from 11:00 a.m. to 10:00 p.m. , Sunday through Thursday and to 11:00 p.m. on Friday and Saturday. 13. That the applicant shall obtain Coastal Commission approval of this application. 14. That the development standards pertaining to traffic circulation, walls, landscaping, parking lot illumination, underground utilities and a portion of the required parking spaces shall be waived. 15. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is TO: Planning commission -9. detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. j � G� TO: Planning Commission -10. EXHIBIT "B" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1677 (AMENDED) (Restricts Lunchtime Operation During the Week) FINDINGS: 1. The proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate parking is not provided for the restaurant use at lunchtime during the week, inasmuch as the parking spaces in front of the site on Avon Street will be for public use when Avon Street is improved, and the on -site spaces will be used by office tenants. However, most of said public parking spaces located directly in front of the restaurant facility and all of the on -site parking spaces will be available at night and on weekends for restaurant patrons. 4. The approval of Use Permit No. 1677 (Amended) will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That the previous Use Permit No. 1677 (Amended) and Variance No. 1106 shall expire with the approval of this application. 3. That the existing parking lot shall be maintained with. approved traffic markers or painted white lines not less than 4 inches wide, in accordance with the existing parking layout. All fifteen parking spaces on the site shall be accessible and usable for vehicular parking at all times. A directional sign shall be maintained designating that parking is available to rear of the building. j 1 T®. Planning Commission -11. 4. That all asphaltic pavement surfaces of the existing parking areas shall be maintained. 5. That all of the existing on -site parking spaces (15 spaces) shall be available for the exclusive nighttime use of the Stuft Noodle Restaurant. 6. That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. The existing trash area shall be relocated so that the trash doors and trash trucks will not interfere with pedestrians on the sidewalk on Riverside Avenue. 7. That approximately 5 feet of the existing block wall adjacent to the driveway on Riverside Avenue shall be lowered so as to provide better sight distance for motorists on the steep driveway. g. That no alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. 9, That the restaurant employees shall be required to park their automobiles in the "Mariner's Mile" municipal lot. 10. That all signs shall be in conformance with the provision of Chapter 20.06 of the Newport Beach Municipal Code. 11. That the hours of operation for the restaurant use shall be limited from 5:00 p.m. to 10:00 p.m., Sunday through Thursday and to 11:00 p.m. on Friday and Saturday. 12. That the applicant shall obtain Coastal Commission approval of this application. 13. That the development standards pertaining traffic circulation, walls, landscaping, parking g illumination, underground utilities and a portion of the required parking spaces shall be waived. 14. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. �� \ L F I t Ndn c t q O \\ D I S T R I C T I N G J W. 6 MAP' �• NEWPORT BEACH - CALIFORNIA 4�A AGRIOXTURAL RESIDENTIAL L_.. - I MUCSIPLE RESIDENTIAL Eli 9inGlt PAYkT RESID TUL r �_E .G.T COUYEAC., �= =? UVPIE% RESIDE RTI4 L_S.�i ..1 4ENfR4 COMMERCNI EEu RESTD. MULTIPLE MM RSSICINIYI L � M"1 YANUI%CTURII '.� y0 039 CWBIYIN6 DISTRICTS U� UNQASSIiI® FRONT -AD SET BACK SMO'MY THUS -O- LIMITED COMMERCIAL mc. s.995o ARSENAL r / i .y ATTACHMENT CC -11 r ARSENAL f �� r ■Y 4.W:■ �G ■ M � CV IML �Ii�0111111�1��Jill ill� i 111119 h1 amt t t I lq► tdr.►. � 7. 5 � ir� ARSENAL 7ro, r dma� C0AIC6-Por IWL6 s . L..,� g� t MIMM MDR /✓ES�Z �eS��ZU�as -1�` �e�ode/ C0AICEP -ra416 l - - - VIEVV w nnnDu,A4 g1 l� i -I,,_ J*IULIK_ /_1iECyih41=Iki kItelesPA r- -I �J MARINER'S MILE NEWPORT BEACH, CALIFORNIA STRATEGIC VISI ®N DESIGN FRAMEWORK u 25 MARINER'S MILE NEWPORT BEACH, CALIFORNIA STRATEGIC VISION .A DESIGN FRAMEWORK CITY LIGHTS DESIGN ALLIANCE Keenan E. Smith, AIA Lee Anne Kirby, ASLA- Kirby & Company City of Newport Beach October 4, 2000 I MARINER ' S MILE INTRODUCTION: THE CALL FOR A DESIGN FRAMEWORK 0.10 CHARGE AND PURPOSE 0.20 MARINER'S MILE TODAY 0.30 ONE PAST, MULTIPLE FUTURES • STRATEGIC VISION FOR MARINER'S MH.E 1.10 IMPROVLYG THE AUTO - RELIANT STRIP 1.20 A VIBRANT PUBLIC WATERFRONT 1.30 CREATING MARINER'S VILLAGE 1.40 UPGRADING THE PUBLIC REALM 1.50 UPGRADING PRIVATE DEVELOPMENT STANDARDS 1.60 DISTRICT -WIDE COOPERATIVE SYSTEMS 1.70 CATALYST DEVELOPMENT AND MODEL PROJECTS 1.50 A COMPREHENSIVE STRATEGY • DESIGN FRAMEWORK FOR MARINER'S MME 2.00 PLANNING AND URBAN DESIGN 2.10 PHYSICAL FRAMEWORK 2.20 ENTRY FEATURES 2.30 MARINER'S VILLAGE 2.40 THE WATERFRONT 2.50 PACIFIC COAST HIGHWAY 2.60 STREET NAMES 2.70 LAND USE CONSIDERATIONS CONTENTS PAGE 5 13 25 3.00 LANDSCAPE 39 3.10 LANDSCAPE OBJECTIVES 13.20 PACIFIC COAST HIGHWAY EDGE LANDSCAPE 3.30 RIVERSIDE/TUSTIN AVENUE LANDSCAPE 3.40 TRAFFIC ISLAND LANDSCAPE 3.50 PROPERTY WALL LANDSCAPE 3.60 PARKING LOT LANDSCAPES 3.70 BLUFF LANDSCAPE 3.50 DOVER DRIVE/BACK BAY BRIDGE INTERSECTION TREATMENT 4.00 SIGNAGE 47 4.10 SIGNAGE OBJECTIVES 4.20 GENERAL SIGN CRITERIA 4.30 SIGNS NOT PERMITTED 4.40 POLE SIGNS 4.50 MULTI - TENANT SIGNS 4.60 SINGLE - TENANT MONUMENT SIGNS 4.70 LEASING AND MARKETING SIGNS 4.50 THEME SIGNS 10 /4/00 PAGE 3 27 MARINER'S MILE 10/4/00 CONTENTS 5.00 ARCHITECTURE 56 5.10 SPECIFIC ARCHITECTURAL RECOMMENDATIONS 5.20 COLOR AND MATERIALS PALETTE 5.30 LIGHTING 5.40 EQUIPMENT 5.50 WAILS AND FENCES 6.00 PARKING PROGRAM 6.10 SHARED VALET PARKING 6.20 PARKING DISTRICT 7.00 APPENDIX 7.10 REFERENCES AND SUPPORTING DOCUMENTS 65 66 2 P�cE 4 I 7 U MARINER'S MILE INTRODUCTION THE CALL FOR A DESIGN FRAMEWORK The idea and initiative for creating a Design Framework for Mariner's Mile was recommended by the Mariner's Mile Business and Citizens Advisory Committee in their Study Recommendations dated April 2, 1997. Formed on August 26, 1996 by the Newport Beach City Council, this committee brought both residents and business concerns together to address the perception of negative change along Mariner's Mile. Specific issues motivating the Committee at the time of its formation were: decreasing real estate values as exhibited by pockets of vacant properties, a general decline in the quality of the physical environment, specific examples of abandonment and neglect, and the recent introduction of fast food franchises and marginal business activities, such as pawn shops in Mariner's Mile. Participants in- cluded members of the business community, local residents and design professionals, who met in a series of workshops over a period of nine months to discuss issues, examine the forces currently influ- encing Mariner's Mile and explore possible strategies to improve its prospects for the future. After months of collaborative meetings and discussions, the committee issued their findings as a series of "Goals and Recommendations for the Entire Study Area" The Committee outlined its recommen- dations for a Development Framework as follows: "The City should use a land planning consultant to assist in developing policies to enable new development /redevelopment throughout the study area to meet the following goals: a) Encourage lot consolidation. b) Encourage parking consolidation. c) Coordinate site design relative to adjacent properties, without establishing a design `theme" d) Upgrade onsite landscaping and fences e) Unify streetscape (lights, trees, paving materials. and fences) 0 Update sign standards to encourage signage practices and promote a higher quality image g) Develop public sign program to unify image and identify parking areas and points of interest It) Enhance pedestrian access to businesses i) Upgrade entry monuments j) Reduce the number ol'curb cuts along Pacific Coast Highway k) Consider impacts on and goals of Mariner's Mile as individual parcels develop ® 1) Include provision for public views of and access to the Bayfront, except where adequate public access already exists or where public access is inconsistent with public safety" 10/4/00 PAGE 5 g� INTRODUCTION 0.10 CHARGE AND PURPOSE OF THE DESIGN FRAMEWORK MARINER'S MILE The charge of the Design Framework document that follows is to produce a vision for an improved, enriched and enlivened Mariner's Mile which is consistent with the goals laid out by the Business and Citizen's Advisory Committee. The purpose of the Design Framework is to provide a thoughtful, imaginative and integrated set of design strategies, goals, and specific ideas to guide and assist the City, landowners, tenants and involved citizenry in reversing its negative image and improving the future prospects for Mariner's Mile. 0.20 MARINERS MILE TODAY At the present time, the area known locally as "Mariner's Mile" is undergoing a continuing a series of transformations, some of which are consistent with it's historical past and others which point to an uncertain future. PACE 6 00/00 r, 10 • MARINER'S MILT INTRODUCTroN Historically, Mariner's Mile has always been a focus for marine activities. Yacht brokers; shipbuilding. boat services and haul -out facilities, warehouses, slips and sport fishing docks shared the flat, sandy strip facing the LidoChanneI at the Iootofthe Newport Heights, access ingboth the water and the Pacific Coast Highway. As recently as the early 1480's, Mariner's Mile stood as an example of what is considered good in Newport Beach: a thriving district of independent, locally oriented businesses, easily accessed from the City and region, parlaying its affinity to the waterfront and the marine environment with upscale restaurants, low -key entertainment, small offices and specialty shops. ' lla 611q➢IW) `I / /F'', r �f � _ /.\ \ h ��T � .t .'., a /.e: :� ,h -�`l �% /�,It,•, � J . �s� � � �. • Npwod�l II, a I Ilgn s <nml ��t 7 "€ W , : /�/ •• Sri �' 7. ../ S�nwl / Lido ld _ LuW rnvincl `, `Li J r 3 Fi(;. 0.1 MARINERS MILE STUDY AREA This yeasty mixture of gleaming boats, sparkling water, luxury cars, expensive restaurants and ship's chandleries attracted locals and visitors alike. Within recent memory, the posh window seats of Mariner's Mile seafood restaurants were the place where residents brought newcomers to be initiated into the relaxed Newport Beach lifestyle revolving around boats, sunsets and the leisure activities Of "the water." 10 /4/00 PAGE 7 91' INTRODUCTION MARINER'S MILE Yet in the past decade noticeable changes have occurred along Mariner's Mile. Fast food restaurants and car washes have taken hold between Dover and Rocky Point, several upscale waterfront restaurants have closed or been replaced by themed entertainment concepts, "for lease" signs are commonplace, and some buildings from the 1960s and 1970s are under - utilized. Pacific Coast Highway has been widened both north and south of the Mile and increased traffic volumes have made access to local businesses more difficult. Mariner's Mile is now perceived by some as in decline, perhaps even ugly; a place to pass through as quickly as possible. By most accounts, it is no longer the premier spot to take first time visitors to Newport Beach for a look at what Newport is all about. 0.21 Negative Changes While there are those who would debate the long -term economic effects of these changes, the negative land use and aesthetic impacts are clearly evident, including: a) Signs are prolific, many of them illegal and of questionable taste. b) There is a general lack of visual coherence and aesthetic appeal. c) Buildings vie for the attention of passing motorists, using increasingly garish colors, outlandish designs and overblown sign programs. d) Public access to and views of the waterfront are limited. e) There is little strong public landscape, and private landscapes do not provide unity. PACE 8 qI Q[4 /00 MARINER'S MILE f) g) h) i) .1) INTRODUCTION New franchise businesses are designed to "stick out" not "fit in ". Automobile activity, and auto - oriented businesses predominate. The district is not pedestrian friendly: walking is unpleasant and crossing Pacific Coast Highway is difficult. The local post office has been displaced by a postal distribution center. Recent restaurant closures, such as Windows on the Bay, Autobistro & Chili's. 10 /4/00 gPAGE 9 INTRODUCTION 0 fv MARINER'S MILE 0.22 Positive Changes Not all the recent changes have been negative. Positive examples include: a) Traditional marine- oriented businesses maintain a visible presence, symbolized by West Marine's expansion and renovation. b) Many commercial properties have been renovated in a quality manner, such as Mariner's Mile Marine Center and Newport Autosport, and the quality of tenants has generally improved. C) Vacancy rates are down considerably. d) Some new construction activity is evident. e) Some local restaurants have upgraded, such as Villa Nova. f) Other local eateries continue to thrive, such as The Charthouse, and The Arches g) Local cafes continue to attract regulars, such as C'est Si Bon, Cafe Panini and Galeos. h) The Arches Bridge (Newport Boulevard and Pacific Coast Highway) has been being entirely rebuilt. i) Portions of the Theodore Robbins site Inland West have been renovated. j) Balboa Bay Club plans to upgrade to a first -class resort. k) Orange Coast College Sailing Center has expanded and added a new Nautical Library. PAGE 10 10/4/00 94 E MARINER'S MILE INTRODUCTION 0.30 ONE PAST, Mut.Ttpt,E Fu,rurtes Mariner's Mile's history is founded upon the activism and pride of its locally -owned business interests. Operating within the community of Newport Beach, the local business owners of Mariner's Mile provided local- serving goods and services in a unique commercial setting. These local, private actions were historically aligned in the best interests of the community and insured incremental change at a relatively small scale. Today Mariner's Mile is thesecond largest contributor to the City's sales tax revenues. But increasingly, Mariner's Mile is being influenced by external forces: the. emergence and expansion of strong regional retail and entertainment centers; the recent proliferation of fine restaurant choices in the area, the exodus of some marine - related businesses and resident- serving business; the effects of the rapid development of South Orange County and Newport Coast; and, finally, the continuing evolution of Pacific Coast Highway into a high - volume, regional arterial. In short, the role played by Mariner's Mile within Newport Beach is changing, and its image within the community is being fundamentally altered. Envisioning a positive future for Mariner's Mile will require a clear understanding of its past, a solid grasp of the forces currently of change, and the cooperation and dedication of business leaders, city government officials, and the citizens of Newport Beach. Much, has changed since Pacific Coast Highway was completed through the City in 1928, but certain basic influences still hold true: then, as now, Mariner's Miledepends on its access to both the waterfront and the highway. However, today the influences of the highway threaten to overcome much that Mariner's Mile has become. Historically, Mariner's Mile has been a commercial strip with strong dependencies on the highway, reliant on business opportunities generated by the car. But unlike the "Super-Street" Boulevards of Inland Orange County, Mariner's Mile was (and continues to be) different in at least two important ways: 0.31 Mariner's Mile is an integral part. of Newport Beach, one of the most affluent communities in Orange County, entailing generally held expectations fora higher level of quality, higher design standardsand greater expectations for the. physical environment. 0.32 Mariner's Mile is endowed with a waterfront, part of the largest concentration of private boats on the West Coast. This gives Mariner's Mile the physical and visual presence of a vibrant waterfront, and creates unique opportunities for marine- oriented business, public and private access, views and enjoyment of this unique asset. These two distinct characteristics are unique and unalterable, and will continue to strongly influence ® the future of Mariner's Mile. 10/4/00 PACE 11 9,5 1,,j 'r a O n U C 10N MARINER'S MILL' �J Given the past history of Mariner's Mile and a review of its current state, one could conclude that prospects for the future rest on developing a public /private consensus leading to a program of policy changes necessary to insure a positive future. This argument makes the case that both the public and private sectors stand to gain from implementing policy changes (including the recommendations of this Design Framework). On the other hand, a countervailing argument exists, purporting that Mariner's Mile is the primary product and concern of private interests who respond best to market forces. This reasoning makes the case for nonintervention, and represents, in a sense, the "Do Nothing" scenario. In our view, the Baseline Future of "Do Nothing" - -the laissez -faire acceptance of the status quo condition and the failure to take steps now to stimulate improvement- -will likely lead to the following implications and consequences: 0.33 Baseline Future of "Do Nothing" a) Continued iransformation of properties to auto - serving uses b) Perpetuation of the aesthetics of strip commercial development C) Possible decline of property values d) Declining "sense of place" e) Possible continuation of the loss of higher -end uses such as upscale waterfront restaurants t) Eventual piecemeal or wholesale redevelopment As the concerned parties continue to respond to current economic conditions, external forces, and internal needs, a more desirable future may beenvisioned for Mariner's Mile. What follows is a synopsis of possible strategic visions which taken together, separately or in combination could result in an improved Mariner's Mile over tithe. RAcIi 10 10/4/00 90 11 MARINER'S MILE: S "T.RATrcic VISION A STRATEGIC VISION FOR MARINER'S MILL: This section outlines a set of broad, strategic planing and conceptual initiatives. Together, they add up to a comprehensive vision for Mariner's Mile. The City is urged to consider and adopt this strategic vision to insure a positive future for Mariner's Mile. The City should also consider possible capital improvement and private sector incentives which would help facilitate and implement these ideas. 1.1.0 IMPROVING THE AuTo- RrIAANT STRIP Auto - reliant uses (auto dealers, drive -thru and stand -alone restaurants. car washes, convenience retail) have taken root and continue to seek -out portions of.Mariner's Mile, particularly in the Inland East and. Inland West reaches of Pacific Coast Highway, and there is every reason to believe that, barring . significant changes to existing land use, regional traffic patterns and development policies, these subdistricts will continueto attract these typesofuses. Thedesign strategy therefore is specifically aimed aLraising standards for development so that these types ofuses do a better job of "fitting -in" to the Mile, and each project contributes its share to building a larger -scale visual coherence and continuity. ' y1 • �IIII�I �� � 1 fig ilm �P]`4 rii IfIJk �A �k���F.^ yQYi �ItE !IElt�d!t11t!tlU�tl!ItEtt�i '> ❑rr a �y.° 0 m �rAQF' aka .z ..•�1'n, . v�t�l_ °� hY ��� �' Y/y a In 40,4 �� ry�ifrn,"• �� �'a ii��s,Si sid�asa'r °'u v 10/4/00 Frc. 1.1 MARINER'S MILT? AuTo RELIAN'r STRIP PAGE 13 97 STRATEGIC VISION MARINER'S MILE Design strategies which successfully recognize and deal with the economic and physical realities of existing "auto- reliant" land uses, auto access and parcel configuration along significant "auto- reliant" portions of the Mile, include improving private development standards and requiring the addition of continuity elements (particularly landscaping) in order to contribute to the improvement of Mariner's Mile as a whole: 1.11 Recognize the auto - reliant nature of much of Pacific Coast Highway, particularly on those zones on the inland side, both east of Rocky Point and west of 3000 West Pacific Coast Highway. 1.12 Institute improved planning, design and development standards for auto-oriented businesses (i.e. requiring better quality buildings and landscaping to "fit in" with Mariner's Mile). PACE 14 10/4/00 98 • 0 • 1� u • 11 MARINBH'S MiLr, 1.20 A VIBRANT PUBLIC WATERFRONT STRATEGIC VISION The waterfront along Mariner's Mile is one of it's most unique and distinguishing features. Several planning and design initiatives are proposed to enhance this feature, improve connections to the rest of Mariner's Mile and broaden its benefits to the City as a whole. nea r A iST" U•;n„o. •mod � � ✓f� k°'�.� :,;,;, %� � 'SP's �� i� � ,1 C�. �� a �� .��G. °tj�ta����7! Io .�ir9d9.RYeilo�"ittn>iIIY�YiI�� `� = S9:sNP. ILIYV — ��, l� /<4� /Y. `���j Nets ri�raL�lA�lA1l�* R1Avco �F9Ynl+J,.k � / I !dttAElEIEIVdtlLl.tlNa ' �i IS,! r 9 ����ee� ;�.i a:�osas., p I'tc.1.2 MARINER'S MILE WA•rERFRONT .121 CreateacontinuouSlydesignedpedestrianenvironment ,buildingnorthandsouth from public lands and Orange County leaseholds (Bistro 201, the Marina, OCC Sailing, Sea Scouts; Balboa Bay Club). 1.22 Encourage pedestrian connections to (and along) the waterfront wherever pos- sible. 1.23 Build /reinforce connections from water to Pacific Coast Highway and. the proposed "Mariner's Village''. 1.24 Encourage visitor - oriented uses on the waterfront wherever possible. 10/4/00 PAGE 15 9j STRATEGIC VISION MARINER'S MILE MARINER'S MILE WATERFRONT PAGE 16 10/4/00 1100 • • C J E E MARIN -.ER's MILE 1.30 STRENGTHENING •rHr CoRr: CREATING "MARINER's VILLAGE" STRATEGIC VISJON The area on the inland side. of Pacific Coast Highway, at the foot of the bluffs in the vicinity of Tustin Avenue, Riverside Avenue, and Avon Street presents a unique opportunity for the creation of an active pedestrian- oriented retail district. Strategically located at the center of Mariner's Mile, such a "village" district has great potential to serve adjacent neighborhoods, visitors and existing marine uses. The structure for such a "village" is already present in the existing uses, pattern of streets and alleys and current relationships to neighboring uses. �E l awi ��74ED Q YYYYYYYYYYY Y. ►"�� � b � ;� _ ��������� a dYeee en enee eAAAAAAfit � q � ®wemiP���99 °Y®➢YYYYY YYO�ic� r..v � L1R1 I!!! fd!!!!!r!@,ltlRtEt!lttEAl: �9pl"pjpy��{pT Fic.1.3 MAkINFR'S Vu,LAGr STUDY AREA AI a minimum, reinforcing and building on the interesting mix of existing uses could provide a signifi- cant focal point for Mariner's Mile. Without much stretch of the imagination, it could all come to- gether here: connections to the waterfront, local - serying retail, marine uses and visitor attractions com- bining- to create a new "heart` for Mariner's Mile. 10/4/00 PAGE 17 101 STRATEGIC VISION MARINER'S MILE The intersections of Tustin and Riverside are important activity "nodes" along Mariner's Mile. At these points, traffic is brought to a stop by signals, allowing safe pedestrian crossings to the waterfront, and neighborhood traffic access to and from Pacific Coast Highway. This is also where the Bluff pulls back from the highway, allowing properties of significant size and depth to exist. This creates unique development opportunities, possibly even those of considerable magnitude to be envisioned. 1.31 Establish a Business Improvement District for "Mariner's Village" in the area below the bluff and served by Tustin Avenue, Riverside Avenue, and Avon Streets. 1.32 Promote a strong pedestrian orientation (streetscape, street furnishings & side- walks). 1.33 Consider lot swap /consolidation. Encourage the possibility of a cohesively developed Retail Center, with new Anchor tenants such as a Grocery and Drug store. 1.34 Actively solicit and promote local- serving tenants (upscale market, cafes & specialty retail). 1.35 Implement a comprehensive parking strategy, including preserving on- street parking, establishing a Mariner's Mile Parking District and encouraging more common parking lots. 1.36 Find new home for USPS Distribution Center. PAGE 18 10 /4/00 102 • L. J CJ • • • MARINER'S MILE .STRATEGIC VISION 1.40 UPGRADING THE PUBLIC REALM: ENTRIES, STREETSCAPE AND LANDSCAPE This strategy aims to upgrade the visual character of Mariner's Mile and seeks to strengthen aesthetic continuity throughout. The idea is to reinforce a district -wide identity and orientation through graph- ics, signage and the creation of a common landscape and streetscape. A sense of arrival and departure from the district is also enhanced though the design of entry monuments at its boundaries. 10/4/00 1.41 Improve the appearance of Pacific Coast Highway. 1.42 Strengthen/reclaim streetscape in Mariner's Village (Riverside Avenue, Tustin Avenue, and Avon Street). 1.43 Transform bluff landscape (starting with City Parks). 1.44 Implement a district -wide logo graphic. 1.45 Upgrade entry monuments at Dover and Newport Boulevard bridges. 1.46 Install district -wide directional signs. 1.47 Establish a Pacific Coast Highway landscape framework and palette: palms and hedge required at all developments. pwa- 19 Zos STRATEGIC VISION MARINER'S MILE 1.50 UPGRADING PRIVATE DEVELOPMENT STANDARDS: SIGNAC,E, ARCHITECTURE, AND LIGHTING This strategy seeks to encourage higher quality private development projects, while not restricting the individual expression businesses need to successfully convey their identity. 1.51 Establish a real estate sign program for Mariner's Mile. 1.52 Enforce and clean up existing nonconforming signs. 1.53 Consider strengthening existing sign ordinance. 1.54 Require all buildings to be designed as "five -sided architecture" (i. e. designs must consider views of all walls and the roof). 1.55 Encourage backbone color palette and painting system for all buildings. 1.56 Control light glare spill -off by requiring "zero- cutoff' fixtures. 1.57 Encourage an upgraded family of fence and wall designs. The bulk of the visual clutter along Mariner's Mile is due to signs, some of which are not in conform- ance with the City's existing Sign Ordinance. Solving the problem of signage on Mariner's Mile will have a tremendous positive effect on it's image and visual quality. PAGE 20 10/4/00 104 is • is • MARINER'S MILE STRATEGIC VISION The design of individual buildings should recognize that all of Mariner's Mile is seen from above; therefore careful attention to the design of roofs is critical, along with the organization and screening of rooftop equipment. In addition, many buildings are seen by different constituencies from both the front and the rear, requiring equal design consideration. A common color palette (calm neutrals with accenting trim) could create a less discordant, more taste- ful and sophisticated look along the Mile, which has too wide a variety of building types to consider a uniform architectural style or predominant design theme. Lighting which is sensitive to adjacent residential neighborhoods in its intensity, color and careful deployment would minimize conflicts between commercial and residential land uses. Architectural details, such as site fences and gates also offer the opportunity to enhance quality and continuity through upgraded materials, design configurations and colors. 1.60 DISTRICT -HIDE COOPERATIVE SYSTEMS AND AMENITIES Solving parking and parking distribution problems is key to revitalizing the district and ensuring • healthy businesses along Mariner's Mile. This strategy tackles the problems of "parking territorial- ity" created by the on -site parking requirement by proposing a parking district for Mariner's Mile which would allow businesses to share available public and private parking. • 1.61 Establish a parking district authority for Mariner's Mile. 1.62 Selectively eliminate the on -site parking requirement at Mariner's Village. 1.63 Create a valet parking "pool," drop /pickup points, and retrieval system. 1.64 Organize a Mariner's Mile Business Improvement District. 10 /4 /00 PACE 21 1015 STRATrGIG VISION MARINER'S MILE u �Imgllosyul RA / J�Ic / -`` 'DTI'- 111 %�e .i•�7lQ t.: Newpv Il l�die ll•gM1 S.lxril =�` y 1,, MN �� j ! w � Fiulgn M1lWJlc 5cho01 _ ��� /V 4 "IUming Buin ` ✓ � ;y� r' l •�. �'y' n •li • . 'r I`I I 4161; ` occsS�m�` _ I �1•j., \`` \ � I _ nr • H.kB.,u 4, I 4 LIJa Iil Q F� I.YIO Clunncl Ij �_ NII u FIG. 1.6 PARKING DISTRIBUTION Developing a balance between parking supply and demand is crucial to solving the problem. Highly visible Mariner's Mile Valet Stations, located both on the waterfront side and the inland side of Pacific Coast Highway, could help visitor- oriented waterfront uses gain parking capacity. Such cooperative systems could provide the first step in forging a common purpose for businesses on Mariner's Mile, perhaps leading to a Marine's Mile Business improvement District with the means and methods for providing much needed common services, facilities and amenities. 0 PAGE-?Z 1 60�4100 • 1I ,, u MAernre's MILE STRA'rrcic VISION 1.70 CATAt,vs'r DL'vrl.OPMENTS AND MODEL PROJECTS Development of certain properties along Mariner's Mile have a large potential impact and hold larger possibilities for positive change than others. These land holdings are strategic by virtue of their size, visibility and /or location. Larger or multiple -lot developments have a better chance of providing exemplary development quality and promoting visual coherence and continuity. Such properties would typically have more resources available and more design flexibility to be able to make contributions to the larger whole. It would therefore be most important to encourage "Model Project" developments consistent with Design Framework and Specific Plan Goals most particularly at the following strategic properties: 1.71 Ardell property 1.72 Mariner's Village Retail Center & Shops 1.73 Ray property 1.74 Gugasian properties 1.75 Horwin property 1.76 Lower Castaways �lpinagnNO�lal� ": i✓ �`+ ��) ) +.> ` j '/� �:�/ 'Y..t'�:Iiiei Inv �5 �, rF�. �t r� �.�'�'' Ncrvpon llvlm1111g1i 5cAW1 \ ✓�.' `e„ � '. J v \ � � ° LW ViM, gl c�.��A `How IN IMP �1i1� 2 s o cs w 0111 qvv « f� rr r F ✓ Ld)bl v 6 u4^S IP r 9W B YClub � - I •. ' Lid. n..1 ape 1 v f 1f��Irr � � `� f . AZ P .Et ter. 10/4/00 Fw.1.7 POTEATIAL Moues. Nwi --C•rs PAC, F. 23 10j� S,rHA•rr•.cic VtsiaN MARINERS MILE • On the other hand, these properties (again by virtue of their size and location) have the. greatest potential to disrupt efforts to improve Mariner "s Mile. Prospective development efforts by landowners should be engaged early, on a proactive basis, to insure positive outcomes consistent with the overall vision. Successes in the development (or redevelopment) of these strategic properties will likely stimulate positive change elsewhere along the Mile in a "ripple effect" of potentially widespread scope. 1.80 A C0MI1REtttiNSIVF S-rRA,rFCv The preceding strategic and conceptual initiatives, il'taken separately, have only selective and limited potential for positively transforming the Mile. However, when taken together, the combined effect would be nothing short of a complete recasting of the future possibilities for Mariner's Mile and a fundamental repositioning of this district within Newport Beach. It our strong recommendation that full and serious consideration be given to the powerful synergistic effects ofadopting a comprehensive vision for Mariner's Mile, complete with the implementation a program of short -term and long-term policies consistent with this vision. E PAGr 24 10/4/00 102 r� MARINER'S MILE DESIGN FRAM EWGRK. A DESIGN FRAMEWORK FOR MARINER'S MILE Design Framework Goals and Objectives Mariner's Mile is a unique business district within the City of Newport Beach with its own particular set of design issues and opportunities. The strategic visions outlined in the previous section can be achieved thought implementation of specific design recommendations in the areas of planning, urban design, landscape, signage and architecture. The Design Framework sections which follow are aimed at creating the conditions necessary to promote a consistent, comprehensive vision and positive future for Mariner's Mile. If the Vision is the "platform" of the Design Framework, the following sections on Planning and Urban Design, Landscape, Signage, and Architecture represent the philosophical "planks" of the Design Framework. 2.00 PLANNING AND URBAN DESIGN The planning and urban design framework for Mariner's Mile concerns itself with large- scale design conditions, district -wide relationships, and connections to the rest of Newport Beach. The following specific ideas and recommendations pertain to design improvements aimed at positively effecting the ® district as a whole. 2.1,0 PuvsICAI, FRAmrIVORK A very clear physical design framework exists for Mariner's Mile. The boundaries of the study area can be described by four physical features unique to this part of Newport Beach: a) The Arches Bridge b) The Back Bay Bridge c) The Newport Heights Bluff d) The Newport Bay/Lido Channel 10/4/00 PAGE 25 Z�� D E S I C N FRAMEWORK MARINER ' S MILE 1r �, u J too Y Lid0151c �7 � 1 .f' u Fic. 2.1. PHYSICAL FRAMEWORK These physical features provide the underlying fundamentals of a unique sense of place: clear boundaries, defined edges and a pronounced sense of arrival. These boundaries provide clear spatial definition andidentityforMariner'sMile. Combined with the powerful linearpresenceof Pacific Coast Highway, these define the physical parameters for the Mariner's Mile and establish the way the Mile is experienced. Inshort, these features tell you when you've arrived (or leave) Mariners Mile and provide . clear orientation from within once you're there. Objective: The existing physical clarity of the district should be improved by strengthening and reinforcing the boundaries which define it: Entry Features. The Bluffs, The Arches Bridge, The Back Bay Bridgc /Dover Intersection and the Lido Channel Ed-e. -J PAGE 26 10/4/00 110 MA RINER's MILT 2.20 ENTRY FEATURrs rsIr.N FRAnl rWORK. One method to strengthen the sense of place of Mariner's Mile is to reinforce its entry features though the addition or enhancement of the related design features described in this section. The following graphic. representations are for illustrative purposes only. 2.21 Adoption of a new logo for Mariner's Mile, related to or incorporating City of Newport Beach seal, for use at the entries Arches bridge and the Back Bay bridge. 1 0/4/00 PAGe 27 111 DESIGN FRAMEWORK MANINLR'S MILL 2.22 Installation of a new lighted 'Welcome to Mariner's Mile' sign near the new Arches Bridge at Newport Boulevard facing southbound Pacific Coast Highway traffic. PAGE 28 l0 /4 /Ip0 112 'r u • 0 (MARINER'S MILE DESIGN FRAMEWORK 2.23 Installation of a redesigned, lighted 'Welcome to Mariner's Mile' sign as a new monument sign within the intersection landscape at Dover Drive facing north- bound Pacific Coast Highway traffic. 2.24 The planting of Red Bougainvillea as the signature color in massed plantings with clusters of palms at the two main entries of Mariner's Mile. PACE 29 1 23 DESIGN FRAMEWORK MARINER'S MILE 2.25 The installation of flags or banners mounted to the Arches Bridge and the Back Bay Bridge to enhance the entry to Mariner's Mile, to create a memorable experience for regional traffic, and to foster the pedestrian connections among Mariner's We and Balboa Peninsula and Bayside Drive. PACE 30 10/4/00 114 • • E U 9 • MARINE,R's MILE DrsICN FRAMEWORK 2.30 MARINER'S VIUACE Mariner's Village, the area around the intersection of Pacific Coast Highway and Riverside and Tustin Avenues, is the core and focal point of Mariner's Mile. The City's long -term goal for this area should be to reinforce its potential to become the active "heart" of Mariner's Mile. In order to realize this potential, the appearance, liveliness and sense of place should be enhanced by promoting improvements to private development and the public realm, and generally encouraging a stronger pedestrian orienta- tion: 2.31 By developing a more human -scale streetscape, more inviting street furnishings, and more functional sidewalks. 2.32 By encouraging lot swap /consolidation schemes, such as a new cohesively- developed retail center with a major anchor tenant. 2.33 By actively soliciting local- serving tenants Such as upscale market, cafes, theaters, and specialty retail. 2.34 By implementing a parking strategy, including preservation of on- street parking, the establishment of Mariner's Mile Parking District and the encouragement of more common parking lots. 2.35 By finding a new home for United States Postal Service Distribution Center so that the site can have a less truck - oriented use. less, Meep rt i Y `. \ +F Wtrl Arens and a > 1 a - p i nri -K•• ' ,: `• f li•� �. v, w ,. \r•�t � v .r� \\ yt n^ .mm } ao.i. - .. ewsvro % enn nneai f, . a,a•e .. a A4 / , ., f`P r.v +a• �\ 1v�rLINEtz gn >_•:" _ F � / _ •... IIS a 1, G ARCA um am LIJU CTanal s.. occs cen 10/4/00 Ftc. 2.3 MARENER'S VILI.AGE S-run), AREA PACE 31 225 DESIGN FRAMEWORK 2.40 THE WATERFRONT MARINER'S MILE The Waterfront along Lido Channel is one of the most beautiful and distinguishing features of Mariner's Mile. Currently, due to historic development patterns, the Waterfront is highly private, with limited public access to the water, blocked views and fragmented connections between properties. Opening -up the waterfront and promoting waterfront access should become a long -term goal of the City, as it has enormous potential for improving the image and economic health of the district as a whole. The City should consider both capital improvement and private- sector incentive programs which encourage opening -up the waterfront. N s .. Is Specific design concepts and policy strategies for the Waterfront include: 2.41 Create a continuous pedestrian environment along the Waterfront, beginning at the south end from the OCC Sailing Center and Sea Scouts Base (including an extension to the Balboa Bay Club) to the County -owned marina across from Arches on the north. 2.42 Encourage waterfront pedestrian connections between parcels wherever possible. 2.43 Build/reinforce connections from the Lido channel to Pacific Coast Highway and Mariner's Village. 2.44 Encourage visitor- oriented uses on the waterfront wherever possible. 2.45 Create a Mariner's Mile Waterfront Park atthe county-owned marinasouthof the Arches Bridge. PACE 32 10/4/00 110 • 0 • 0 • • MARINER'S MILE 2.50 PACINC COAST HIGHWAY DESIGN FRAMEWORK Mariner's Mile shares many of the same challenges faced by other commercial areas which are bisected by a major regional arterial highway. The presence and influence of West Pacific Coast Highway on the physical environment of Mariner's Mile cannot be understated. It is the major reason Mariner's Mile looks the way it does today. In a sense, Mariner's Mile (along with Corona del Mar), is where Pacific Coast Highway "goes through town." Northbound, just past Dover, the highway narrows due to a reduction in the number of lanes. From Dover to Rocky Point, Pacific Coast Highway is constrained by the bluff rock outcroppings of Rocky Point and the highway oriented, "wide /shallow" Inland East properties at the foot of the Bluff. From Rocky Point to the Arches, the fine -grain pattern of "narrow /deep" frontage properties in Mariner's Village frequently take direct access from the highway through a series of multiple curb cuts in a typical "strip commercial" pattern. 1014/00 PACE 33 21� DESIGN FRA\7EwOR6 MARINER'S MILE Pacific Coast Highway is a regional artery; a wide, high -speed boulevard providing a convenient route for regional traffic. Pacific Coast Highway is also the "main street" of Newport Beach provid- ing access for many neighborhoods and business districts. The Mariner's Mile segment of Pacific Coast Highway provides vital access to local businesses and the waterfront as well as important ingress /egress to adjacent bluff -top neighborhoods, ^�ij \° �k., ^' �\,{. /f \ � �\ v �✓J NewponHa2a. HIgh51 I d \ •' i tra'£ lip I Np // '•' � - Vy• .•,`w,4 ' i�8� Hxk BaYO J� LWOI'M1annd J - l � � F FIG. 2.5 PACIFIC COAST HIGHWAY ACCESS PACT_ 34 10/4/00 112 11 0 11 C E 0 MARINER ° S MILE DFS1eN FRADIF.WQRK Specific recommendations related to mitigating the impact of Pacific Coast Highway through Mariner's Mile are outlined below: 10/4/00 2.51 Encourage development of multiple lots and shared access agreements in order to consolidate curb cuts, thereby reducing potentially hazardous turning move- ments on and. off Pacific Coast Highway. 2.52, Maintain and expand on- su-eetparking capacity along Mariner's Mile toincrease the pool of available convenience parking for businesses. 2.53 Encourage developments which access parking lots from rear through shared access alleys, driveways orparking lots. to reduce turning movements on and off Pacific Coast. Highway, especially in the Mariner's Village area. 2.54 Discourage transportation policies and traffic engineering practices which pro- mote increased traffic volumes and speeds in Mariner's Mile in order to encour- age a "village" feel and promote pedestrian safety. 2.55 Support planted median dividers at non -boat sale areas to improve motorist safety, clarify business access and enhance the visual environment. 2.56 Explore theaddition of2-3 trafficsignals to improve business access andprornote safe pedestrian crossing of Coast Highway in conjunction with key development projects. 2.57 Explore rededication of Pacific Coast Highway right -of way from Caltrans jurisdiction to the City of Newport Beach. 2.58 Discourage the policy of widening Pacific Coast Highway through Mariner's Mile. Do not support PCH widening unless all regional alternatives are ex- hausted. If widening is adopted as City policy, private property condemned for right -of -way should be taken as whole parcels only, with remuneration to Property Owners at Pair Market Value. 2.59 Encourage temporary public and private landscaping improvements in the zone of potential widening for Pacific Coast Highway (inland side). PAGE 35 11L DESIGN FICA N.6 W R IC MARINER'S M1Ls 2.60 S,rREEr NA'm ES To reinforce the waterfront location and identity of Mariner's Mile, the names of the disconnected segments of Riverside Avenue and Tustin Avenue are proposed to be, changed. 2.61 The segment of Riverside. Avenue that is actually the extension of Cliff Drive is proposed to be renamed to a name such as "Mariner's Way" 2.62 The segment of Tustin Avenue from Pacific Coast Highway to the intersection of Avon Street is proposed to be renamed to a name such as "Blue Pacific Avenue." The result is that the lighted street names on the traffic signals spanning Pacific Coast Highway will display names that relate more to the coast and less to inland towns. 0 PACE 36 10/4/00 120 MARINER'S M I L E ® 2.70 LAND USE CONSIDERATIONS DESIGN F R A M 13 1V O R K Mariner's Mile is closely surrounded by and easily visible from several existing neighborhoods: a) Bayshores b) Newport Heights C) King's Road d) Cliff Drive e) Santa Ana Avenue /Avon Street f) Lido isle 2.71 Sensitivity to Existing Neighborhoods Sensitivity to the adjacencies of the existing neighborhoods with proposed new uses and development projects is encouraged and should be reviewed on a case - by -case basis. Mitigation. of potential impacts to existing residents should be considered and balanced against the business interests of Mariner's Mile. Mitigation of impacts may be accomplished through landscaping, equipment screening, Limitations on signage, lighting and glare spill -off,, building colors, or other appropriate treasures. 2.72 Balance Neighborhood, Marine and Tourism Traditional marine uses, commercial businesses and restaurants lend character and are enjoyed by nearby residents and visitors alike, especially in the Village area, but these activities can sometimes impact residential uses. New uses along Mariner's Mile should seek to strike abalance between commer- cial businesses, traditional marine uses, restaurants, the pleasure of Newport Beach visitors and the privacy of Newport Beach residents, by encouraging Compatible Land Uses: a) Encourage neighborhood retail in Mariner's Village b) Encourage high- quality Professional offices c) Allow a range of residential uses where feasible d) Allow limited auto - serving retail at Inland East and Inland West e) Encourage Visitor- serving facilities along the waterfront f) Encourage marine sales and service businesses g) Seek relocation of USPS distribution facility Out of Mariner's Village 10/4/00 PACE 37 121 DESIGN FRARIE{VORR MARINER'S MILE r� LJ 2.73 Encourage Diverse Economic Development Mariner's Mile already contributes significantly to the business climate and economic health of Newport Beach. By capitalizing on its unique assets, location and character, and by promoting a strong and diverse economic development activities, Mariner's Mile has the potential to make an even greater contribution to Newport Beach's business venue and fiscal viability. Objective: City policies which provide revenue benefits to the City or promote richer diversity of businesses and uses along Mariner's Mile should be encouraged, including: a) Emphasize tourism as an element of new uses along Mariner's Mile. b) Promote the enhancement of Mariner's Mile as a potential tourism site. C) Create more user- friendly vehicular access and entrances to businesses. Policies which hamper broadening the range of business development activities or are "non- business - friendly" Should be reviewed for potential discontinuation including: d) Discontinue Specific Plan stipulation of40% Marine Use for multi-tenant properties. is Pncr_ 38 10/4/00 12 • I u MARINER'S MILE. DIssIGN FRAMEWORK 3.00 LANDSCAPE This section of the Design Framework concerns itself with landscape issues and opportunities on Mariner's Mile, both general and m specific. Of all the aspects of environmental design on the Mile, improvements to its landscapes, whether public or private, large or small, have the greatest potential to promote positive change and visual coherence and quality. Fragments of the proposed framework already exist in the form of palm tree rows and clusters, bits of hedge, isolated masses of bougaunviilea and disparate pieces of unrelated streetscape. Many of the Following opportunities and recommendations derive directly from a desire to build upon this existing framework. 3.10 LANDSCAPE OBJECTIVES The landscape is an crucial contributor to the perception of quality of Mariner's Mile. \ U1a611mpii \ IfC °t -I�It 1 r � a ;- @ AN¢,Udgc d {n. 1... w . �• itRQ141i�0i� . / --. '• � '� °�LMI si � 'fuming gmin ,,• ° f ' F. MiddlL h'I�d/ -NEB �IV� ! YMEmrv,N .i* ��.tej.V$e'�rp�G%PE .Fp it .1 l LiJO Clwnel .� R. LiJOI]IC Sean OCCg Cen 10/4/00 FIG. 3.1 LANDSCAPE FRAMEWORK PACE 39 123 DESIGN FRAMEWORK MARINERS MILE The central idea of the Landscape Framework is to create continuity through common landscaping improvements throughout Mariner's Mile. These individual improvements contribute to improving the larger whole, and over time have great potential to transform the visual character of the district. Therefore, trees and shrubs at all sites in Mariner's Mile need to be coordinated to promote visual coherence and consistency and to hide the bumpers and tires of parked vehicles. Existing unused paved areas should be converted to planting areas. The creation of strong, coherent streetscapes, scaled appropriately to vehicular and pedestrian activities, land uses and planting conditions should be promoted over time to improve property values and boost the overall sense of place within Mariner's Mile. The following recommendations provide a blueprint for achieving the landscape design objectives outlined in Fig. 3.1. r. 6r� 4 PAGE 40 10/4 /00 124 • 40 CI MARINER'S MILE 3.20 PACn? ICCOAs '1'HIGIIWAYFDCELANI)SCAPI' .DESIGN F11AbIEWORR A minimum 4400t wide planting area (from back of sidewalk to parking lot or building) with a palm and hedge is required at each site fronting Pacific Coast Highway in Mariner's Mile for palm and hedge plantings. However, a 6 -foot wide planting area is recommended. This continuous planter area shall be required across the entire frontage of the property and shall contain a continuous hedge and paln)s except where existing buildings or driveways occur and are to remain at back of walk. PALM: W ASHINGTONIA ROBUSTA HEDGE: irUGUS.TRUM HEDGE RIGHT -OF -WAY 4' CLEAR MIN. VARIES 6' CLEAR RECOMMENDED —k� —�- PRIVATE PROPERTY PUBLIC RIGHT -OF -WAY FIG. 3.2 PACIFIC COAST HIGIIWAY EDGE LANDSCAPE In addition, a parkway planter located between the walk and curb is proposed for locations where possible, an conditions when a palm row is planted at back of walk, the parkway planter on the highway side of the walk can be a mininuun of 2' to 3' Clear (excluding curb) with hedge only. When no palm row exists at back of walk, the parkway landscape between walk and curb is to include a palm and hedge in a planter that is a minimum of 4' clear (excluding curb) but 6' clear is recommended. 10/4/00 SACS 41 1215 DESIGN FRAMEWORK MARINER'S MILE 3.21 Tree: Washingtonia robusta (Mexican Fan Palm) with 8' trunk height and a subdrainage system at a minimum of 18 feet on center. The minimum number of palm trees shall be calculated by dividing the total linear feet of street frontage including driveways by 18. The number of palms resulting from this calculation is the minimum standard. Palm spacing can be modified slightly or palms can be clustered in groups of three (3) minimum as long as the number of palms installed is equal to the minimum standard. Retain existing Eucalyptus trees when possible. If Eucalyptus trees are added or replaced Eucalyptus citriodora are recommended. 3.22 Hedge: Ligustrurn j. 'Texanum' (Texas Privet) at 30 inches on center located at back of walk and/or between walk and curb, trim to 30" high. 3.23 Groundplane: Fesuu•a e. 'Marathon II' (Tall Fescue) sod. PAGE 42 10/4/00 120 MARINER'S MILE DRstcN FRANIE-WORK 3.30 RtvLRSn)r1TuSTIN AVENUE LANDSCAPE 3.31 Tree: Washington.ia robusla (Mexican Fan Palm) with an 8' trunk and a subdrainage system at 18 feet on center. Alternate: An evergreen tree such as Cy)areiopsis crrrcicot-clioicles (Carrotwood) to shade sidewalks and to reduce glare in the "Mariner's Village" area. 3.32 Hedge: Ligustrum. j. `Texanum' (Texas Privet) at 30 inches on center located at back ofwalk and/or between walk and curb.. trim to 30" high. 3.33 Groundplane: Festucn e. 'Marathon fl' (Tall Fescue) sod. 3.40 TRAFFIC ISLAND LANDSCAPE The existing and any new traffic islands or medians along Pacific Coast .Highway should be land- scaped to reinforce the concepts at the bridges. 3.41 GCOUndcover /Shrub: Carissam. 'Green Carpet' at24 inches on center for islands medians up to 6 feet wide, or Bougainvillea `Crimson Jewel', `La Jolla' or 'Temple Fire' at42 inches on center for islands /medians that are 6' wide or wider. 3.50 PROPERTY WAt:I. LANDSCAPE 3.51 Vine: Bougainvillea 'Barbara Karst' and Bougainvi.11ea'San Diego Red' at5 feet on center in front of the wall if space available, or behind the wall. In tighter conditions use Ficus pumi.la (Creeping Fig) at 5 feet on center. The following are the Bougainvillea varieties recommended for Mariner's Mile: Botanical Name Common Name Height Spacing Bougainvillea 'Barbara Karst' Bougainvillea 8' to 12' 6' on center Bougainvillea 'San Diego Red' Bougainvillea 8' to 12' 6' on center 3.61) PARKING Lor LANDSCAPE'S 3.61 Tree: a) .Inland of PCH: An evergreen tree such as Cupaniopsis anacordioides (Carrotwood) to shade the parking lot and to reduce glare in the parking lot from homes on the bluff. One tree to be planted for every 4 cars. b) Waterfront side of PCH`. Palm trees such as Washingfonia robasta (Mexican Fan Palm) with an 8' trunk and a subdrainage system to break up expanse of parking lots. One tree to be planted for every 4 cars. 10/4/00 PAGE 43 Z�� DESIGN FRAMEWORK MARINER'S MILE 3.62 Perimeter Shrub: Ligustrwn j. 'Texanum' (Texas Privet) at 30 inches on center located at back of walk to create hedge to hide the bumpers and tires of parked vehicles. 3.63 Shrub internal to parking lot such as Raphioiepis i. 'Clara' (India Hawthorn) at 30 inches on center. 3.70 Bluff Landscape Strengthen the boundaries of Mariner's Mile and improve the consistency and appearance of the bluff above Pacific Coast Highway by: 3.71 Planting Red Bougainniliea at the top and toe of the bluff 3.72 Recommending a common hydroseed mix design for slopes to residents 3.73 Removing existing iceplant from the slope to avoid failure of the bluff surface due to the heavy weight of this plant material 3.74 Removing existing invasive plant material such as Pampus Grass from the bluff 3.75 Retaining existing Phoenix canariensis (Canary Island Date Palm) on the bluff 3.76 Planting 15 Gallon Phoenix canariensis on the bluff if additional palms are desired. Other palm species should be reserved for the street tree planting. PAGE 44 10/4/00 122 MARINER'S Mri.r DESIGN FRAMEWORK 3.77 Retaining existing healthy trees and pruning them to shape, such as `lacing out" the existing Ficus trees, rather than "topping" trees which can accelerate new growth resulting in more frequent tree trimming and possible loss of the tree from. excessive weight on upper branches. 3.78 Specific recommendations for the bluff landscape zones are as follows: a) Top of Bluff: Plant a minimum of two rows of Bougainvillea 'San Diego Red' at 5 feet on center with triangular spacing approximately 10 feet below the crest of the bluff. b) Bottom of Bluff: Plant a minimum of two rows of.Botgainvillea `San Diego Red' at 5 feet on center with triangular spacing approximately .10 feet above the toe of the bluff or a retaining wall. c) Central Bluff Zone: Plant the central bluff zone with shrubs, groundcover, and scattered„ informally- placed trees. Trees are to be placed with sensitivity to views from bluff -top residences. The following is a recommended plant list for the central zone of the bluff: ® Botanical Name Common Name Height Spacing On Center i. Trees S Palms: Eucalyptus lelmlannii Spotted Gum 15 Gallon. Sparse Ficus m. nitida Indian Laurel Fig 15 Gallon Sparse Phoenix c_anariensis Canary Island Palm 15 Gallon Accent/ Sparse ii. Medium to Tall Shrubs: Arbutus uendo 'Compacta' Dwarf Strawberry Tree 5' ht. 30" Myoporumn corsonii Carson's M.yoporum 6' -8' ht. 4' Myoporumlatewn Ivlyoporum 20' -30' ht. 10' -12' Rhnouutscaliforni.ca Coffeeberry 6' -12' 8' Rhaninuas coli ornica `Eve Case' Eve Case Coffeeberry 4' -6' ht. 30" iii. Groundplane: Baccharis p. `Twin Peaks' Dwarf Chaparral Broom I'-3' ht. 8' to 10' Ceanothus g. h. `Yankee Point' Yankee Point Ceanothus T -3' ht. 8' to 10' Coprosum kirkii NCN 1' -3' ht. 42" Myoporuort In. 'Pacificum' Myoporum 2' ht. 4' Loniceru j. `Halliana' liall's Honeysuckle 2' ht. 2` ® iv. Nurse Crop during Establishment: Achillea nd le/bliunv. Common Yarrow Hydroseed 10 /4/00 PACT 45 12J DESIGN FRAMEWORK 3.80 Dover Drive/Back Bay Bridge Intersection Treatment MARINER'S MILE The Back Bay Bridge is the southern boundary of Mariner's Mile. The following landscape modifi- cations are recommended to strengthen the boundaries of Mariner's Mile by relating this entry to the northern entry at the Arches Bridge: 3.81 Add clusters of (6) min. Washingtonia robusta (Mexican Fan Palm). 3.82 Add masses of 'San Diego Red' & 'Barbara Karst' Bougainvillea. 3.83 Add a newly- designed lighted monument signage for Mariner's Mile. 3.84 Add nautical flags and decorative pedestrian light fixtures on bridge rails. PAGE 46 I U/ -1/110 130 r1 L J • • J r-1 • MARINER'S MILE 4.00 SIGNAGE DESIGN FRAMEWORK 4.10 Signage Objectives Commercial properties on Mariner's Mile display a veritable profusion of signs many of which violate the existing signage ordinance or are of questionable taste. Signs are an important element contributing to the perception of quality of Mariner's Mile. Exterior signs at all sites in Mariner's Mile need to be coordinated to promote visual coherence and consis- tency. Objective: Adopt new sign regulations to encourage legibility, visual coherence and coordination. The first step in improving signs on Mariner's Mile is to enforce the standards of the existing signage ordinance of the City of Newport Beach. Existing nonconforming signs should be removed. Beyond enforcement, the next step is to develop acceptable signage criteria which fits the needs of businesses within the district. To that end, the following specific signage recommendations and criteria were developed in cooperation with the Mariner's Mile Business Owner's Association. 10/4/00 PACE 47 131 DESIGN FRAmIE \YORK MARINER'S MILE 4.20 GENERAL SIGN CRITERIA All signs in Mariner's Mile should conform to the following general criteria: 4.21 To the greatest extent possible, signs for each site should be 'limited to those identifying businesses, giving directions for on -site circulation and providing leasing information. 4.22 Advertising is discouraged on any sign (i.e.; product /service information, prices and sale information, phone numbers, website. addresses). 4.23 Sign copy should be located no closer than one -half letter height to any sign edge or other line of copy to provide sufficient blank space around the letters for the sign to be legible. 4:24 Temporary Banners are allowed, subject to City permit requirements. 4.25 Lighted signs are allowed, subject to City ordinance requirements. 4.26 `'Heritage Sign" designation may be granted, subject to City ordinance require- ments, for signs which have historical or local identity significance to the City of Newport Beach. 4.30 SIGNs NOT PE101ITTED The following types of signs should not be permitted. Existing signs of this type should be removed: 4.31 4.32 4.33 4.34 4.35 4.36 4.40 POLL: SIGNS Roof- mounted Signs (higher than the building roofline). Permanent Banner Signs. Painted Signs, including Window Signs or `'Soap" signs. Multi- Tenant Pole Signs. Changeable Copy Signs. Illegal Signs (signs not permitted by existing Signage Ordinance). New pole signs are permitted subject to conformance with the design standards outlined below. 4.41 Modifications. Existing pole signs do not require modification in conformance PAGE 48 10/4/00 IS L E E 11 0 • M A R I N E R ' S MIL E DEsIGN FRAMEWORK with these standards unless leasable area of the property is increased by 2510 or 2.500 square feet, whichever is less, or if a pole sign is remoldeled or relocated. 4.42 Pole signs shall consist of distinct base, colurtm and sign panel elements (see example sketch Fig. 4.4). Design and proportional relationships between sign elements are important, although variations are possible. Articulation and detail of the pole is encouraged as suggested by Fig. 4.4. 4.50 MULTI- TENANT' SIGNS Multi- Tenant Signs shall be mounted on monument signs or flush- mounted on building walls (see example sketch Fig. 4.5). Pole- mounted multi- tenant signs or `ladder" signs are not permitted. 4.60 SINGLE - TENANT MONUMENT SIGNS Ground- Mounted Single- Tenant Monument Signs for the purpose of business identification shall be allowed (see examples Fig. 4.6 and sketch 4.61). 4.70 LEASING AND MARKETING SIGNS Leasing signs are non - illuminated, ground level signs or wall signs that identify or provide basic information about for sale /for lease opportunities and construction activities. They may not be used for any other purpose (see example Fig. 4.7). 10/4/00 Maximum Number: One ( I ) leasing sign is permitted per site. Maximum Size: Twenty (20) square feet. Recommended Design: Aground -level sign withthesigncopyonapanelmounted to a dark- colored. background. as shown in Fig. 4.7. PACs: 49 133 DESIGN FRAMEWORK Lt u ?�✓ -_ NEl4 *10** 8'�'Rm1hf2��14T1 � 0- - - - - . - . - . . -H- - - - - . - - - ro�G <r.P MARINER'S MILE 1-04o 006 r 46e�N 0,9114 / 14N^4C k- 4 o g om lets N P.Ael to&" AA.E p d 'piZiPo�oN . 'M°l�• 514x1 /ttsEai z ff F1•>< , S a rl IHC s $51 K a.5 ,L GZ.St,f i — • .aeul av �•wre9 FIG. 4.4 Pole SIGN Di.-SIGN ]PROTOTYPE PAGE 50 .11"IC H 1.0/4/00 1214 C • • I 0 MARINERS MILE H e 1 C H -� j4ei6,r'r- V_- - - - - -- 4,H---- - - - - -- 10/4/00 FIG. 4.5 Muun- TENANT SIGN DESIGN PROTOTYPE DESIGN FRAMEWORK 1,rejMAIO --r' lv4k4r.k< oft fvFsa., -rte •fr.N.M+f� on- u — �diaTtvN�.�- hv.� , �I AN �► = ��QQ� xl•5 I 2�cG.�IxG•'s61cI�5 1+ SioLsa PACE 51 1.15 DESIGN FRAMEWORK MARINER'S MILE FIG. 4.6 SINGLE - TENANT MONUMENT SIGN DESIGN PROTOTYPE PAGE S2 10/4/00 I-so • 0 P r 1 L_J E 0 MARINER'S MILE .A61 MAX �oH 1 N= 461CIRT- AN - - - - - - - - Pacivtc SALES - - LuAmac E r 10/4/00 I"o DrsIGN FRAMEWORK tiwrlµ�s•, I It�rIT(? - SLLPPo�iNej bV 41 �1fsyS I N 1%0¢.1.11 oK 11 ' Qi��R�oNAt►1 Mai . f l c8'i It t�i4 s 1t. 1 I,5 EZ<,"M 1 �I : �o.s6k�.zs 7c1�5 �. 0 "IOWA L /� ?141= EL-limanf FIG. 4.61 SINGLE - TENANT MONUMENT SK:N DESIC7N PRoararvrlE PAGE 53 1 37 DESIGN F R A NI EWORE. PAGE 54 �l A R IN ER 'S MILE Fic. 4.7 LEASING SIGN DESIGN PROTUITPE 1 0/4/00 1�g L] E • U • MARINER'S MILE 4.80 THEME SIGNS The following types of thematic signs are permitted on Mariner's Mile: DESIGN FRAMEWORK a) Mariner's Mile Entry Monuments (Arches Bridge; Back Bay/Dover Drive) b) Newport Harbor Visitor's Bureau Sign C) Directional Signs Recommended Design: A coordinated systems of nautical- inspired signs as seen at Marina del Rey and Santa Monica. 10/4/00 PAGE 55 13� D P S I G N F R A NI E %V O R K. 5.00 ARCHITECTURE MARINER'S MALE Buildings are significant functional, visual and symbolic elements ofthe built environment. They serve to house human activities and present themselves as expressions of the ambitions, aspirations and public identity of their owners and users. Mariner's Mile, due in part to its history of uses and generally overriding commercial nature, encompasses a vast range of building types, whose functional requirements, sizes, scale and symbolic needs vary greatly. These building types range from large automobile dealerships and marine supply outlets to high -rise residences, nixed -use and strip retail centers. small shops, restaurants, drive - throughs and individual offices. Architecturally, this variety makes for a highly eclectic mix of buildings on Mariner's Mile. In turn, this variety and mix, overlaid by the predominant auto - reliant bias of the district, favors buildings of individual expression and strongly resists efforts towards any unified architectural theme. Thus the imposition of a rigid architectural theme is considered inappropriate for the study area. The nature and character of Mariner's Mile call rather for establishing key design principles and promoting thoughtful and tasteful design while allowing creative flexibility. 510 ARCerrECTURF 0I1,1wrIVES The key objectives of an architectural approach to Mariner's Mile are as follows. 5.11 Responsible and Sensitive Design a) Design should respect: and "fit in" to its surroundings. b) Roofs and roof elements should respond to views from above, C) Design freestanding buildings as "five- sided" (walls+ roof). 5.12 Site Planning Considerations a) Site planning should accommodate the larger design concepts of the. Mariner's Mile Design Framework (Urban Design, Landscape). b) Buildings should orient to the street in the Village areas and when surrounded by parking. c) Promote pedestrian connections and pedestrian amenities. 5.13 Landscape Considerations a) Use landscaping to complement and highlight buildings and site. b) Develop a landscape concept as a fundamental component of the site design. cj Coordinate utility locations to support the landscape framework and to screen utilities from Pacific Coast Highway or entries. PAGE 56 10/4/00 140 l- J J • MARINr•_H'V. Mit.E 5.14 Palette of Colors; Materials and Details DL•'SICN FRAMEWORK a) Consider "neutral" building color schemes with nautical [rim. b) Paint fences, metal bollards, and light poles a dark background color. C) Use common fence /wall designs developed for Mariner's Mile. 5.15 Purposeful and Respectful Lighting a) Contain all site lighting on site (zero glare spill -off) b) Develop lighting plan with photometric study c) Use dow' nlighting wherever possible d) Accent lighting at key architCCtUral / landscape. elements e) Avoid harsh, intense lighting and hard shadows 0 Coordinate colors of light sources 5.16 Organize and Coordinate Signage a) Develop a comprehensive sign program b) Design buildings to strategically accommodate signs C) Coordinate building and signage design (forms, colors, motifs) 5.20 COLOR AND MATERIALS PALETTE Harmonious building and sign colors can contribute greatly to the overall visual continuity and coherence of Mariner's Mile. 10/4/00 5 2 1 Basic Color System The marine context of Mariner's Mile is one of predominantly white sails and hulls complemented by striking, deep -hued accent colors. A range of "Neutral" shades and hues are therefore proposed to predominate the color palette for Mariner's Mile. PACE 57 141 DESIGN FRAMEWORK MARINER'S MILE For multiple -color schemes, a balanced and proportional color system is recommended: a) Base Building: Predominately Neutral hues and shades (90% of building, minimum). b) Contrasting Trim Elements: Dark or Light shades (up to 10% of building, maximum). c) Accent Elements: Bright Colors (up to 5% of building). 5.22 Trim Elements Elements which might receive trim or accent colors include: a) Doors, window sashes or mullions b) Awnings or Sunshades C) Exterior Stairs and Railing Systems d) Roof Screens e) Architectural Features PACE 58 10/4100 142 • • • • • • MARINER'S MILE 10/4/00 5.23 Nautical Materials and Elements DESIGN FRAMEWORK While avoiding an overt theme, the appropriate use of nautical building materials, elements and details is consistent with the history and character of Mariner's Mile could enhance the overall character of Mariner's Mile. PACE 59 14S DESIGN FRAMEWORK MARINISR'S M ILE 11 a) Nautical Materials Representative nautical materials to be considered during the architectural design process include: i) Shiplap /clapboard /shingled siding for building walls ii) Varnished teak for balustrades and handrails iii) Navy blue or other dark canvas for awnings and sunshades iv) White nylon or Dacron for shade spaces V) Brass or bronze for hardware and ornament vi) Stainless steel/polished chronic for rails, cable and fiffings, hardware and ornament vii) Wood or aluminum poles w /stays /spreaders (masts /spars) for signage or theme elements. b) Other Nautical Elements and Details Similarly, theappropriate decorative useofothernautical elements, forms,and references is consistent with its waterfront context and could potentially contribute to the visual characterand feeling of Mariner's Mile. Decorative elements to be considered during the design process might include: i) Windvanes ii) Ship's flags or international signal flags iii) Charts, sextant, dividers and other navigational tools iv) Portholes, ships wheels, compass rose or cards V) Ships and sailor icons vi) Cleats, bollards, and other dock motifs • PAGE 60 1.0/4/00 14 4 • • MARINER'S MILE 5.30 LIGHTUNG DESIGN FRAMEWORK As with signs, landscape, and architecture, improving the quality of exterior lighting can contribute to the perception of quality of Mariner's Mile. All exterior on -site lighting to be shielded and con- fined within site boundaries. No direct rays or glare should be permitted to shine onto public streets or adjacent sites. Specific lighting standards and recommendations for Mariner's Mile are outlined below: 10/4/00 5.31 Parking Light Fixtures. All parking lot lighting should have zero cut -off fixtures. Light standards shall not exceed 20 feet high, measured from natural grade. 5.32 Tilted light fixtures. Tilted fixture heads and lights mounted to the roof parapet are discouraged due to their negative impact on residents and drivers caused by the glare. Wall - mounted light fixtures used to illuminate parking lots should not permitted. 5.33 Wall- mounted utility lights. "Walpak" type fixtures that cause off -site glare should not be permitted. Zero - cutoff "Shoebox" lights are preferred. PACE 61 145 DESIGN FRAMI:%%OkK MARINER'S MILE 11 0 5.40 EQu>Pn1ENT Exposed mechanical equipment and utilities contribute to the visual clutter of Mariner's Mile and should be sensitively located and screened from view to promote a high - quality image for the district. 5.41 Exterior equipment. All exterior equipment including, but not limited to: mechanical equipment, electrical equipment, communications equipment, storage tanks, risers, electrical conduit, gas lines, cellular microcell facilities, and satellite dishes -- should be located in underground vaults or otherwise screened from both on -site and off - site view. 5.42 Roof- mounted equipment. All roof - mounted equipment including, but not limited to, skylights, vents, air handlers, exhaust fans, smoke hatches, and ducts — should be below the top of the parapet or behind an equipment screen so as to be hidden from off -site view. Rooftop equipment screens must be fully integrated into the architectural design. 5.43 Ground - mounted equipment The top of all ground- mounted equipment including, but not limited to, backflow preventers, vents, air handlers, generators, boilers, trash bins, transformers -- • should be behind and fully below the top of a screen wall or a solid hedge. Screen walls of same or similar material as adjacent building walls. Chain link fencing is not allowed. PAGE 62 10/4/00 140 r1 U MARINER'S MILE 5.50 WALLS AND FENCES DESIGN FRAMEWORK Upgrading the quality and developing a family of walls and fences is recommended for Mariner's Mile to provide a consistent and high- quality image. 5.51 Fences a) Fences Not Permitted: i) Chain -link fencing is not permitted along the Pacific Coast Highway frontage of any property on Mariner's Mile. ii) Razor -Wire fencing. b) Fences Allowed But Discouraged: i) Residential -types of wooden fencing. C) Fences Allowed: i) Property frontage. • Wrought iron or PVC fencing. • Recommended colors: Dark Navy Blue, Black, Dark Green. ® ii) Side and rear yards and lot -line conditions: • Wrought Iron or PVC (as above) • Vinyl-coated chain link (with or without attached fabric screening) • Recommended colors: Dark Navy Blue, Black, Dark Green. • 10/4/00 d) Recommended Design: PAGE 63 -14 DL•'sI(; N FRAMEWORK 5.52 Walls a) Walls Not Permitted IYIARINER'S (MILE i) Solid walls over 36" in height are not permitted along the Pacific Coast Highway frontage of any property on Mariner's Mile. ii) Walls topped with Razor -Wire fencing sheet metal or broken glass. 'III) Sheet metal enCIOSLIreS (except at. trash areas at rear of properties). b) Walls Allowed: i) Pacific Coast Highway frontage: 'Low walls (36" maximum height). May be topped with wrought iron or PVC fencing to a. maximum height of 72" (61). ii) Side and rear yards and lot -line conditions: • Low walls (36" maximum height). Maybe topped with wrought iron or PVC fencing. (as above) • Low walls (36" maximum height) topped with vinyl- coated chain link (with or without fabric screen) • Full height walls (maximum height96" (8') may begin 15' back from front property line at Pacific Coast Highway. iii) Retaining walls. • Split -face block. • Poured -in -place concrete with sandblasted, bush- hammered or textured form -liner finish. • Crib -wall systems with integral landscaping. C) Recommended Wall Designs: i) fntergral color split -faced concrete block with precast cap or stucco on block with precast cap. PACE 64 1.0/4/00 142 C I \. J 11 MARINER'S MILE 6.00 PARKING PROGRAM 6.10 SHARED VALET PARKING DESIGN FRAMEWORK Encourage the creation of a shared valet parking system through all or a combination of the follow- ing: a) Utilize "pool" of City parking spaces in Mariner's Village. b) Drop /pickup points: 2 -3 on water side; 1 -2 on inland side from Riverside to Tustin. C) Patrons issued claim check with pager number to "call -in" cars at pickup points. d) Provide valets on -call to bring cars from parking "pools" to pickup points. e) Provide safe bus unloading/ loading areas to serve charteryacht uses with parking service within Mariner's Mile. f) Utilize City -owned parking lot to more greatly benefit the area: potential site for postal distribution facility or valet parking lot. g) Valet Stations with car drop -off and waiting areas to pick up cars with possible van shuttle stations, similar to the structure in the photograph below, but without glass. ,G,GE 65 DE'3ICN H RAIN I' WO R K 6.20 PARKING DISrRICI' MARINER'S MILE Explore the creation of a Mariner's Mile Parking District to address distribution of parking within the district. Could be considered as part of the potential Business Lmprovement District for Mariner's Village. 7.00 APPENDIX 7.10 REa ERIiNuS AND Surt,owri,NC DocuMEN'rs The formulation of the Mariner's Mile Design Framework was based on a comprehensive analysis of collected base information and a review of the City's existing program, the site and the Mariner's Mile Business and Citizer's Advisory Committee Study Recommendations. This effort was con- ducted in order to uncover the key Design Issues and Opportunities affecting the current conditions along Mariner's. Mile. A list of references and supporting documents follows. Copies of these documents are available for review at Newport Beach City Hall. 7.11 Mariner's Mile Specific Plan (Ord. 20.42, Dist. #5) 7.12 Mariner's Mile Advisory Committee Recommendations (1997) 7.13 T.O.T. Revenue-Enhancement Study (PKF, 1997) y±:lo PACE 66 10/4/00 1150 ATTACHMENT CC -13 Parking Management Plan 215 Riverside Avenue Nesai May 8, 2014 Nesai Parking Management Plan UP2013- 021(PA2013 -203) May 8, 2014 The following Parking Management Plan for the food service, eating and drinking establishment, located at 215 Riverside Avenue, is provided per Section 20.40.100 (Off -Site Parking) and Section 20.40.110 (Adjustments to Off- Street Parking Requirements) of the Zoning Code. The Parking Management Plan will employ the following management mechanisms to mitigate impacts associated with a modification of the off- street parking spaces: Hours of Operation 215 Riverside Avenue o Nesai • 5:00 p.m. to 12:00 midnight, Monday through Thursday ■ 5:00 p.m. to 1:00 a.m., Friday 10:00 a.m. to 1:00 a.m., Saturday • 10:00 a.m. to 12:00 midnight, Sunday • The outdoor dining patio shall be closed by 10:00p.m., daily. • Chefs Dining Room and Chefs Dining Patio: Additional Hours Authorized per UP1677 (Amended), 764 square feet of "Net Public Area" maximum. 11:00 a.m. to 5:00 p.m., Monday through Friday ■ UP1677 (Amended) authorized a portion of the restaurant (764 square feet of "Net Public Area') for a daytime lunch operation and waived all of the required parking during these hours. • Under UP1677 (Amended), fifteen on -site parking spaces were waived during evening operating hours with the understanding that the 10 public parking spaces in front of the building on Avon Street would undoubtedly be available for restaurant patrons. As proposed, this 15 space waiver would be carried over. Off -Set Hours Uses that share the same parking areas have off -set hours of operation and different peak times from the restaurant: 215 Riverside Avenue o Offices: 9:00 a.m. to 5:00 p.m., Monday through Friday • 2660 Avon Street o Moultrup Finish Hardware ■ 8:00 a.m. to 5:00 p.m., daily 153 Nesai Parking Management Plan UP2013- 021(PA2013 -203) May 8, 2014 o Cannery Exchange Design Studio (Consignment Store): • 10:00 a.m. to 5:00 p.m., Monday through Saturday o Stevens Cross Cosmetic Studio • By appointment • closed by 5:00 p.m., daily • 2630 Avon Street (Surplus Parking Only) o Mariner's Mile Pet Clinic 7:30 a.m. to 6:00 p.m., Monday through Friday, • 8:00 a.m. to 1:00 p.m. Saturday and Sunday On -Site Parking • A minimum of sixteen (16) parking spaces shall be provided on -site at 215 Riverside Avenue. Off -Site Parking • A minimum of six (6) off -site parking spaces shall be provided at 2660 Avon Street. An off -site parking agreement, proved as to form by the City Attorney's Office, shall be recorded prior to the issuance of building permits. The agreement shall guarantee that a minimum of six (6) parking spaces shall be provided at 2660 Avon Street (A portion of Lot 42 and all of Lot 43 of Tract 1133) for the duration of the restaurant use at 215 Riverside Avenue. In the event that the use of the off- street automobile parking spaces provided for in the agreement are lost, for any reason, the applicant shall notify the Community Development Director 30 days prior to the loss of the parking spaces. Upon notification that the agreements for the required off -site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur: (a) Substitute parking is provided that is acceptable to the Director; (b) The size or capacity of the use is reduced in proportion to the parking spaces lost; (c) The applicant submits to the Director a new or amended Off -Site Parking Agreement, giving the applicant the use of at least the same number of parking spaces. • The property owner of 2660 Avon Street may terminate this arrangement at any time. The establishment's use of these spaces shall no longer be valid if the tenant at 2660 Avon Street expands their operation hours later than 5:00 p.m. • The applicant shall provide signage at 2630 and 2660 Avon Street indicating that overnight parking is not permitted at the off -site parking lot and vehicles will be subject to tow if left overnight. • Fifteen (15) off -site parking spaces are available at 2630 Avon Street. These off -site spaces will be maintained on an informal basis and also do not officially contribute to the off -site parking requirement. 154 Nesai Parking Management Plan UP2013- 021(PA2013 -203) May 8, 2014 Municipal Parking Spaces The applicant or operator of the facility shall purchase parking permits for ten employees on an annual basis for the Mariner's Mile Lot, and shall direct employees to park in said parking lot. Ten employee parking spaces are waived by Conditional Use Permit No. UP2013 -021 (PA2013 -203) and provided off -site at the Avon municipal parking lot at 200 Tustin Avenue. Valet Service • Valet service is optional to provide surplus parking at the off -site parking lots during operating hours, if necessary. Off -site parking for valet service would reduce congestion created by restaurant patrons looking for overflow parking in Mariner's Mile and ensure greater usage of the off -site parking spaces available. • The valet service shall adhere to the valet parking plan approved by the City Traffic Engineer. The current valet plan provides for 12 vehicles at 2660 Avon Street and 15 vehicles at 2630 Avon Street. • Valet service shall not impact the public right -of -way. Vehicle staging, drop -off, and pick -up shall occur on -site only. • The applicant shall discourage patrons from crossing Riverside Avenue at mid -block locations and shall direct patrons to utilize nearby crosswalks. • The applicant shall provide signage on -site indicating the location of additional parking available at the off -site parking lot. Street Parking • Ten metered parking spaces are available in front of the restaurant along Avon Street. While the metered spaces do not officially contribute to the off - street parking requirement for the restaurant, their close proximity means they will likely be utilized for the restaurant although they will not have exclusive access to these spaces. Pedestrian and Bicycle Access • Mariner's Mile is an area where a higher level of pedestrian and bicycle traffic is promoted and the introduction of a more human -scale streetscape is considered one of the primary goals for Mariner's Village. • The location of land uses within walking distance of one another generates the opportunity for shared trips and there is a component of walk -in patronage from nearby residential areas. 155 Nesai Parking Management Plan UP2013- 021(PA2013 -203) May 8, 2014 Parking Summary Strategy Self- Parking Valet Parking On -Site Parking 16 16 Off - Site -2660 Avon Street 6 12 Employee Annual Parking Passes 10 10 TOTAL SPACES AVAILABLE 32 38 Waived- UP1677 (Amended 1989) 15 15 Code Required Parking 47 47 Surplus Parking Available U 6 1150 ATTACHMENT CC -14 MOULTRUP FINISH H A R D W A R E 2660 Avon Street Newport Beach, CA 92663 To Whom It May Concern: This letter will serve as authorization for 217 Riverside Merchants, Inc., the owners the current Nesai property at 217 Riverside Dr., Newport Beach, CA 92663, to utilize the Moultrup Finish Hardware's parking spaces during the hours that the office is not open. The restaurant will be able to utilize this lot as overflow for valet, as well as have their customers directed to park in our lot as overflow after 5PM Monday through Friday and all day on Saturday and Sunday. Any cars still parked outside of the times allotted would be subject to tow. Please fell free to contact me if you have any questions regarding the parking lot agreement between Moultrup Finish Hardware and 217 Riverside Merchants, Inc. 17- It Tim Moultrup 15J Mariner's Mile Pet Clinic 2630 Avon Street, Suite A Newport Beach, CA 92663 fax: 949 -515 -0126 Tel. 949 -515 -0991 March 17, 2014 Mariners Mile Pet Clinic 2630 Avon Street Suite A Newport Beach, CA 92663 To Whom It May Concern: This letter will serve as permission for Erik Beneker, owner ofNesai Restaurant, to allow customers to use my parking spaces at Mariner's Mile Pet Clinic 2630 Avon Street during hours the clinic is not open. The clinic closes daily at 6 pm and opens at 7 am. There are eight parking spaces and vehicles left overnight will be subject to towing. Karla Nichols, DVM Mariner's Mile Pet Clinic 100 F-1 AarAll:IJtl4►kIKDON M ( \I,' STRE 1ML /NE V "ALET /NC. Streamline Valet Inc. 16033 Bolsa Chica St. #104-228 Huntington Beach, CA 92649 April 28, 2014 Nesai Restaurant 215 -217 Riverside Street Newport Beach, CA 92663 RE: Valet parking To whom it may concern, This letter is to address parking configurations regarding the Nesai Restaurant located at 215 -217 Riverside Street, Newport Beach, CA 92633. Through the use of onsite parking and additional lots located at 263o Avon Street, Newport Beach, CA 92663, and 266o Avon Street, Newport Beach, CA 92663, we anticipate being able to accommodate a minimum of 45 vehicles. Valet parking is a dynamic process in which the Valet Attendant effectively uses professional parking techniques in order to minimize wasted space. By minimizing wasted space, the Valet Attendant is able to accommodate more vehicles then a parking lot was designed for. Valet Attendants accomplish this by disregarding painted stall lines, parking vehicles extremely close together, and double parking or stacking vehicles. Based on our analysis we anticipate the following gains: Onsite Lot 215 -217 Riverside St Newport Beach, CA 92633 Designated parking stalls: 18 Number of valet vehicles this lot can accommodate: 24 Offsite Lot A 263o Avon St Newport Beach, CA 92633 Designated parking stalls: 13 Number of valet vehicles this lot can accommodate: 15 Offshe Lot B 266o Avon St Newport Beach, CA 92633 Designated parking stalls: 6 Number of valet vehicles this lot can accommodate: 12 Please see the attached figures for parking details. Enc. Best Regards, Andrew Baggett Director of Operations Cell: 714.906-9369 163 Figure is Ingress /Egress of onsite lot 104 Figure 2: Ingress /Egress of offsite lot A 105 Figure 3: Ingress /Egress of offsite lot B 100 Figure 5: Offsite valet layout — 263o Avon Street 107 Figure 6: Off site valet layout — 266o Avon St. 102 City of Newport Beach: About Annual Parking Permits ABOUT ANNUAL PARKING PERMITS Page 1 of 2 ATTACHMENT CC -16 An Annual Parking Permit entitles a motor vehicle to occupy a SINGLE parking space in designated areas of the City of Newport Beach, without depositing coins in a BLUE parking meter post. • Permits are valid at metered spaces with BLUE parking meter posts. The map on the reverse side of this flyer illustrates the applicable panting area locations. • Apermit is not valid on a motor vehicle that is 84 inches or more in width and more than 84 inches in height or more than 20 feet in length or without a windshield. • Some municipal parking spaces have a maximum length of 18 feet which must be observed. • Issuance of a permit does not allow violation of parking regulations. • Permits do not establish any parking priority. Entry is prohibited when "LOT FULL" signs are posted at the Balboa Municipal Parking Lot and /or the Corona del Mar Beach Parking lot. • Permits are not valid for overnightparking (defined as Too a.m. to 6:oo a.m.), at the Balboa Municipal Parking Lot. Permits are valid from January i to December 31. The Annual Permit fees are as follows. If purchased during: January 1 through September go: $154.00 October 1 through December 31: $ 38.50 • Persons 65 years of age or older may purchase one permit at half price. The following information must be presented in order to purchase the half price permit: 1) Valid California Driver's License; 2) Proof of vehicle registration; 3) Vehicle license plate number. • Persons who have served or are serving in the United States military maypurchase one permit at a reduced rate which shall be 25% off the permit fee. The following information must be presented in orderto purchase the reduced price permit: i) Valid California Driver's License; 2) Proof of vehicle registration; 3) Vehicle license plate number; 4) Acceptable proof of military service. • Permits may be purchased online by clicking Online Services Orin person at Newport Beach Civic Centerl between the hours of 7:3o a.m. and 4:30 p.m., Monday through Friday. Call (949) 644-3141 for additional information. • Permits must be PERMANENTLY affixed to the lower right (passenger) corner of the inside of the front windshield. Vehicles may be subject to citation if the permit is not clearly visible or not permanently affixed. In order to affix the parking permit to the windshield: 1) Fold permit in the middle and peel off the backing; 2) Place the permit in the lower right (passenger) corner of the inside windshield; and 3) Press firmly to affix the permit to the windshield. • The City of Newport Beach does not assume responsibility for lost nor stolen parking permits. • Permits may be re- issued if a vehicle is sold, transferred or if the windshield is replaced. A $lo.00 permit replacement fee is required along with, proof of purchase of the original permit, proof of sale or transfer of the vehicle, or proof of windshield replacement. The original permit must also be returned. http:// www .newportbeachoa.gov /inciex.aspx ?page =499 0442114 City of Newport Beach: About Annual Parking Permits Page 2 of 2 http:// www. newportboaclica.gov /iiadox.aspx ?page =499 0442l4 ATTACHMENT CC -17 City of Newport Beach Police Department Memorandum November 20, 2013 TO: Makana Nova, Assistant Planner FROM: Detective John Thulin SUBJECT: Nesai Restaurant, 215 Riverside Avenue, Use Permit No. UP2013 -004 (PA2013 -203). At your request, the Police Department has reviewed the project application for Nesai Restaurant, located at 215 Riverside Avenue, Newport Beach. Per the project description, the applicant is requesting an operator license to allow the renovation of the Nesai Restaurant to operate a food service, eating and drinking establishment with an outdoor patio, late hours, and a Type 47 (On -Sale General) Alcoholic Beverage Control (ABC) license. The renovation will include changes to the existing patio, bar and dining area of the restaurant. These changes will not increase the current occupancy of the restaurant. The operator has an existing Type 47 ABC License. I have included a report by Crime Analyst Caroline Staub that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this location is within an area where the number of crimes is at least 69% higher than the average of all reporting districts in the City. This location is also within an RD that is over the Orange County per capita of ABC licenses. Applicant History Nesai Restaurant has operated in this location since 1992. Prior to Nesai, the location has served as a restaurant with various names since 1972. The applicant, Jeff Hall and his business partner Jeffrey Jensen own three other restaurants in Orange County and are highly experienced and successful in the creation and operation of restaurants in Orange County. Jeff Hall is currently the President of the Santa Ana Restaurants Association. On November 19, 2013, 1 met with Jeff Hall and his designer, Eric Beneker at the Nesai Restaurant. They showed me the architectural drawings and explained to me the designs that they had in mind for the renovations. The current patio is comprised of a wood fence that is approximately four feet high in front of the restaurant. The proposed patio will include a fence approximately eight to nine 175 Nesai Restaurant UP2013 -014 feet high that will include a terraced garden. The proposed changes to the patio are designed for functional and cosmetic changes to the existing patio and to address and minimize noise from the patio to the neighboring residential areas. Recommendations The Police Department is not opposed to the renovation of the outdoor patio; however, we would recommend that the outdoor patio close at 10:00 p.m,, daily. We feel that these recommended hours would limit the effects that noise will have on the neighboring residential areas. Should this application be approved, the Police department recommends the following conditions: Signs and Displays Any signs or displays would need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Hours of Operation The current hours of operation are 6:00 p.m. to 11:00 p.m. Monday through Friday, 10:00 a.m. to 12:00 a.m. Saturday, and 10:00 a.m. to 10:00 p.m. on Sunday. The proposed hours of operation will be 5:00 p.m. to 01:00 a.m. Monday through Friday, 10:00 a.m. to 01:00 a.m. Saturday, and 10:00 a.m. to 10:00 p.m. on Sunday. Security A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a special event permit. A special event permit may 2 170 Nesai Restaurant UP2013 -014 be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the Conditional Use Permit for the business: 1. Approval does not permit Nesai Restaurant to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 2. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 4. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 5. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 6. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 7. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 3 ��� Nesai Restaurant UP2013 -014 8. There shall be no live entertainment allowed on the premises. 9. There shall be no dancing allowed on the premises. 10. Strict adherence to maximum occupancy limits is required. 11. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. If you have any questions, please contact me at (949) 644 -3709. Xz hn Thulin, ABC/Vice /Intelligence Detective Division Dale Johnson, Captain Detective Division Commander 4 ��g ATTACHMENT CC -17 ` NEWPORT BEACH POLICE DEPARTMENT h, � " "' p Chieflay R. Johnson 870 Santa Barbara Drive - Newport Beach - CA 92660 - 949 644.3791 CRIME AND ALCOHOL - RELATED STATISTICS - 2013 YTD Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rope, Robbery, Aggrovated Assaulf, Burglci y, Larceny- Theft, Autc Theft and Arson. This report reflects City of Newport Beach data for calendar year 2013 Yrt), through October 31. \� California and Notional figures are based on the 2011 Uniform Crime Report, which is the most recent edition. Crime Rate refers to the number of Part I Crimes per 100,000 people. Number gfActive ABC Licenses is the total of all types of licenses known to the NBPD as of the dote of this documenC 11/5/2013 . d . d � � Subject: a3i1- 11rvpe,�r,sj��,5d+��e.. Subject RD:' RD25 3,475 86 130 2,108.36 94 22 10 0 5 23 177 AdJv�cen�i= 7 s ` : t }yr 7,N "t+�wdla r,.' k"'TR"y'�.v -" tt,i:i - 1 109 <� 153 �, , + 2 317 "4i `.k` RD2a. 6ti. ._ `'k.s� •,.; , , .':r,. ..,, '.,.,,..,.u;.•r... ._ '. ;%L.nvv,` t c `,� ' Adjacent RD. "' ' "•' RD26 2,671, 76 120 1,2S2.88 102 25 10 0 4 18 337 ?s.,.;� �N+.-eportaBeyath' IN MIN . i'' g zt:: -. -l.„, r` ai!?';.,'Ut ids '. �,� "q,.� .'" _ .97x1.2 ' 1 978 `i2 897 s 2 316 81•tz"9 ,yBl y �,,,y -S7:0� ^798� -' l 394 �„ ,.:s . �.., �, , r, ., i. 9' I I , %","L`A''dct.a.. ui,. tihu+}�Siiai9tk~1e n elu�rt� California 'not .OitaIb4 1,128,845 notavolloble 2,994.92 1,183,470 104,34S 99,017 15,904 notovoilable' 44,536 836 v � 3 { atldalg:,.'R tdl� �k`} Ny<S>+'j1 ``'d��r t o 10 737 . ° not ovoJgble s > ti r< 64,$,RY� „ 2'66' 3 294 93 28 8 9 15;0 �•" oCOVaelable"'?- 3pp.�. ;32YR� uu�i t , , not o I¢oble: etr!'5� ` x+ ivSD n 4.11teR4}1= �'.�dA�Rle not a GcPbte i. r�vW3�.A.S�'ns ..yi.- tS.Rl..R.tv`"'.K- ,i'f?..� Summary for Nesai Restaurant at 215 Riverside Ave (RD25) YTD 2013, RD25 had a total of 216 reported crimes, compared to a city -wide reporting district average of 128 reported crimes. This reporting district is 88 crimes, or 69 %, OVER the city -wide average. The number of active ABC licenses in this RD is 23, which equals a per capita ratio of one license for every 177 residents. Orange County averages one license for every 504 residents and California averages one license for every 836 residents. This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses. nr.,ro� Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report - Homicide, Rope, Robbery, Aggrovated Assaulf, Burglci y, Larceny- Theft, Autc Theft and Arson. This report reflects City of Newport Beach data for calendar year 2013 Yrt), through October 31. \� California and Notional figures are based on the 2011 Uniform Crime Report, which is the most recent edition. Crime Rate refers to the number of Part I Crimes per 100,000 people. Number gfActive ABC Licenses is the total of all types of licenses known to the NBPD as of the dote of this documenC 11/5/2013 Correspondence ATTACHMENT CC -18 item No. 2a BURNS,MARLEN6 Nesai Restaurant From: Nova, Makana PA2013 -203 Sent'. Monday, May 05, 2014 4:30 PM To: Burns, Marlene Subject FW: NESAI PROPOSES TO CHANGE 11'S OPERATING HOURS; Follow up Flag: Follow up Flag Status: Flagged Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. MsAot#%^ NovR I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 www. new oortbeachca.aov Important Announcement - We've Moved! -100 Civic Center Drive. Newport Beach, CA 92660. From: Joanne & Howard Martin [mailto:joannhc(cbearthlink.net1 Sent: Monday, May 05, 2014 4:17 PM To: Nova, Makana Subject: NESAI PROPOSES TO CHANGE ITS OPERATING HOURS; Howare & Joanne Martin,215 Ocean View Ave.,Newport Beach,Ca.92663 ATTN; Makana Nova,Assistant Planner: Project File No.PA2013 -203, NASA] RESTURANT, 217 RIVERSIDE AVE. We feel that business hours should stay at 5:30 PM to 10:0013M, Not 5:OOPM to 1:OOPM Thank you, Howard & Joanne Martin Correspondence Item No. 2b SURNS,MARLENE Nesai Restaurant PA2013 -203 From: Nova; Makana Sent. Tuesday, May 06, 2014 7:43 AM To: Burns, Marlene Subject: FW: Nesai Restaurant new operating hours request Marlene, I received the following correspondence relative to Item No. 2 for the May 8`h Planning Commission Meeting. There are several more emails I will be passing along as well. MokoL+.A Nov^ I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Cal new oortbeachca. a ov www. new oortbeach ca. oov From: gale demmer rmailto:oaledemmerCagmail.coml Sent: Monday, May 05, 2014 5:51 PM To: Nova, Makana Subject: Nesai Restaurant new operating hours request Ms. Nova, I am a resident of Newport Heights living on Cliff Drive above the Nasai Restaurant and ask that the use permit to extend the operating hours beyond what is already granted be denied.. The purpose of my request is the concern I have of the late hour traffic this may cause in our residential neighborhood. There is no doubt that employees of the restaurants on PCH and businesses on Riverside Avenue frequently use our street, as well as Riverside Avenue north into our neighborhood, for their parking needs. Late night guests, especially on the weekends may be doing so too. This would be a traffic inconvenience as well as the fact the restaurant allows for outside dinning and this would increase the late night noise in the neighborhood. Thank you for representing these concerns. Gale Demmer 2812 Cliff Drive Newport Beach, CA. 92663 Correspondence Item No. 2'c aURNS,MARLENE Nesai Restaurant PA2013 -203 From: Nova; Makana Sent, Tuesday, May 06, 2014 7:44 AM To: Burns, Marlene Subject: FW: Nesai Permit hearing Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. Makana Nova I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova()newportbeachca.gov www.newportbeachca.gov - - - -- Original Message---- - From: SANDRA L AYRES fmailto:ssayres(a ) mac.coml Sent: Monday, May 05, 2014 7:55 PM To: Nova, Makana Subject: Nasal Permit hearing Dear Planning Commissioners, Since the Stuft Noodle years, this corner restaurant has been a gathering place for the neighborhood. I for one, and 1 know along with many, are appreciative that a new owner wants to improve the corner and be part of our neighborhood. I support the needed conditional use permit for outdoor dining and adjustments for parking, although these exceptions will definitely affect our home. We live directly above the park. I appreciate all the provisions mentioned in the application and Staff report, but realistically, these will give way over time. I already watch so many employees of businesses from down the hill and even from across Coast Hwy, park on our street. I do not complain. It is part of the fabric of the neighborhood. But it would be wrong to allow untampered increases. And it would be wrong to deny the fact that traffic and noise at the closing hour will not affect our neighborhood. For the above reasons, I request a denial for the extended hours request. The new owner bought the business knowing the conditions. With a revitalization of the corner, we are happy to make some adjustments. But the quality of life in our neighborhood should not be compromised. There are many developments in the works. A standard has been set and we ask that it is adhered to in the future. Thank you very much for your consideration of the concerns of the citizens and residents. Sandra Ayres 2800 Cliff Drive Correspondence Item No. 2d SURNS,MARLENE Nesai Restaurant From: Nova; Makana PA2 013 -2 0 3 Sent, Tuesday, May 06, 2014 7:45 AM To: Burns, Marlene Subject: FW: Nesai Restaurant Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. Makana Nova I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 I F. 949.644.3203 mnova(a)newportbeachca.gov www.newportbeachca.gov - - - -- Original Message---- - From: Dru Vanderburg f mailto:druvan(a)road run ner.coml Sent: Monday, May 05, 2014 8:42 PM To: Nova, Makana Subject: Nesai Restaurant Makena Nova Assistant Planner Hello, my name is Dru Vanderburg and I live at 2816 Cliff Dr. It is my understanding that Nesai Restaurant is under new ownership and is asking the city for a special exception to stay open past standard City operating hours and continue serving alcohol until 1:00 a.m. While I support this business, I am asking that late hours be denied. Unlike the restaurants on the other side of PCH, Nesai has homes directly above the restaurant that will be much impacted by the extended noise coming directly from the restaurant. In addition, the rest of us homeowners will be impacted by an increase in traffic on foot coming up through the park, as well as automobile noise of slamming doors and starting engines, during the late night and early morning hours. Thank you for your consideration, Dru Vanderburg Correspondence Item No. 2e SURNS,MARLENG Nesai Restaurant PA2013 -203 From: Nova; Makana Sent, Tuesday, May 06, 2014 7:46 AM To: Burns, Marlene Subject: FW: Nesai Besaurant Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. Makana Nova I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 I F. 949.644.3203 mnova(a)newportbeachca.gov www.newportbeachca.gov - - - -- Original Message---- - From: Richard Taylor fmailto:rtaincl(aDyahoo.coml Sent: Monday, May 05, 2014 8:52 PM To: Nova, Makana Subject: Nesai Resaurant Hi Makana, I am currently a resident here in Newport Heights and have been for the last 28 years. Our home is located in the 400 block of Riverside Ave and Cliff Drive. It has been brought to my attention that the Nesai Restaurant will be closing down and renovations are in the works for a new restaurant. I understand that the new restaurant owners are asking for special conditions for staying open late into the morning hours serving alcohol until lam. This unfortunately always leads to disturbances among the community within a residential neighborhood. I strongly appose this and urge you not to be persuaded to give into such a special condition for this restaurant . As a owner on Riverside Ave., we have had to deal with the massive parking issues with Sterling BMW employees, Postal employees, Enterprise Rental Cars and other restaurant employees throughout the years. It has been a continual problem with the everyones cars littered throughout the neighborhood, some leaving their cars for days. I can only imagine if a special condition would be granted like the new restaurant is asking for, this would become a continual nuisance for our neighborhood. Please do not let this happen. Thank you for your consideration. Sincerely, Richard Taylor Correspondence Item No. 2f aIJRNS,MARLEtJG Nesai Restaurant PA2013 -203 From: Nova; Makana Sent, Tuesday, May 06, 2014 7:47 AM To: Burns, Marlene Subject: FW: Nesai Restaurant conditional use permit Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. This is the last correspondence for the moment. Makana Nova I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(a)newportbeachca.gov www.newportbeachca.gov - - - -- Original Message---- - From: Portia Weiss fmailto:oortiaweissCa g mail. coml Sent: Monday, May 05, 2014 11:04 PM To: Nova, Makana Subject: Nesai Restaurant conditional use permit May 5, 2014 Dear Ms. Nova, We are extremely concerned about the conditional use permit under consideration by the City of Newport Beach for the current Nesai Restaurant location. Our concerns are primarily regarding the extension of service hours past 11:00 p.m., as well as waiving a portion of required parking. There is no question that the extension of the service hours of this restaurant/bar will increase the traffic volume of drunk patrons through our residential neighborhood, There are a number of establishments already providing these services within a few hundred yards of this establishment (Billy's At The Beach, The Rusty Pelican, The Winery Restaurant and Bar, Joe's Crab Shack, The Dive Bar, The Arches... not to mention the great number of bars on the peninsula.) Another bar serving late within immediate proximity our homes would undoubtedly be detrimental to the safety of our residents and is in no way supportive of the best interests of our neighborhood. It is not difficult to identify the drunk drivers who cut through our neighborhood already in efforts to avoid being cited by law enforcement on both PCH and Newport Avenue. There are understandably very limited police patrols in Newport Heights —especially during the late evening and early morning when the other bars in Newport send their patrons onto our streets. Newport Beach has a limited law enforcement staff and they understandably must be appropriated to higher volume traffic routes leading out of Newport's higher density restaurant /bar areas. There have been Cliff Drive /Riverside Avenue parking issues over the years of businesses and patrons of these establishments located in the Avon /Riiverside Avenue area. These problems appear to have finally been resolved. This immediate area of Nesai Restaurant simply does not accommodate a large number of cars. This establishment may, however, in working with the surrounding residents, cultivate a tremendous clientele of residents who would walk to dine in a quality neighborhood restaurant. The upgrade of the food quality, service and outside premises of this property are a welcome and overdue change. Thank you for your consideration of our concerns. We hope that the conditional use permit to remodel the Nesai property will not include the extension of late hours of operation (after 11:00 p.m.) and will disallow the parking of this establishment's employees and patrons on our residential streets. Sincerely, Portia Weiss 421 San Bernardino Avenue Newport Beach, CA 92663 Correspondence Item No. 2g SURNS,MARLENE Nesai Restaurant PA2013 -203 From: Nova; Makana Sent. Tuesday, May 06, 2014 9:25 AM To: Burns, Marlene Subject: FW: Nesai Restaurant - (PA2013 -203) Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. This is the last correspondence for the moment. I received one other email as well that I will send shortly. Msksa•.c Naas I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Col new oortbea ch ca. a ov www new portbeach ca gov From: Earl Votolato [mailto:earljv@)sbcg1obal.net1 Sent: Tuesday, May 06, 2014 8:47 AM To: Nova, Makana Subject: Nesai Restaurant - (PA2013 -203) Good morning Makana, We received a notice regarding the new ownership of Nesai and the planned use of the restaurant.. Comments were asked for and we are sending them to you since your name is on the City Agenda for this matter. To this end, please find my wife Kimberly and my comments below. We live at 2908 Cliff Drive and our home is above the park with the cross street Beacon and Cliff. We will not support the use as a bar and certainly not the extension of the hours of operation for the following reasons: 1. Noise - with the location being directly below our neighborhood the noise will be a nuisance 2. Parking - limited parking will force many potential patrons to park up and around our neighborhood. Experience has shown our neighborhood during the summer and July 4th holiday is a dumping ground for cars, bikes, beer bottles and cans and a lot of noise late at night when people are picking up their cars. 3. Trash - who picks up the trash left over by the patrons of the new restaurant and bar? We will have to in our neighborhood after their Thursday, Friday and Saturday night crowds leave. 4. Safety - Drivers parking and passing through our neighborhood increase the risk to the local residents and their children. Late night we can only imagine patrons leaving the planned bar to make our neighborhood very unsafe to walk their dogs or take a late night walk around the park. For the above reasons, we will not be supporting the new owners plans in any manner. 1 Should you have any questions, please let us know. Regards, Earl and Kimberly Votolato Correspondence Item No. 2h SURNIS,MARLENE Nesai Restaurant From: Nova; Makana PA2 013 — 2 0 3 Sent, Tuesday, May 06, 2014 9:26 AM To: Burns, Marlene Subject: FW: Nesai Restaurant Special Exemption Petition Marlene, I received the following correspondence relative to Item No. 2 for the May 8th Planning Commission Meeting. This is the last correspondence for the moment. 4^44#%x. Nevs I ASSISTANT PLANNER, AICP Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova( -) new portbea chca. u ov www new port be a ch ca gav From: Val Lyon [mailto:Val.Lyonftrrpllc.comj Sent: Tuesday, May 06, 2014 9:14 AM To: Nova, Makana Subject: Nesai Restaurant Special Exemption Petition Good morning, I am a 50 year resident of Newport Beach, 30 of them in my present home at 427 San Bernardino Avenue in Newport Heights. I have been made aware of the above referenced petition and the request of the new owners to improve the premises, including the outdoor dining experience. I am 100% in support of this. My family has dined at the Nesai restaurant many times over the years and found it very accommodating. There is one request of the petition that I am 100% against. In no way should the restaurant be allowed to stay open to 1 AM. There is limited public parking that supports the area and without a concession from the adjacent shopping center to allow patron parking, this means more cars in our neighborhood at later hours into the night and early morning. We already have workers from many of the shops and restaurants parking on our streets and if you allow this restaurant (closest to residential neighborhood) to expand and draw greater numbers of patrons later into the night, it will logically push traffic, parking, and noise into our residential neighborhood. Please do not grant the petition to remain open until 1 AM. Respectfully, Edward V. Lyon 427 San Bernardino Avenue Newport Beach, CA 92663 949 - 631 -3907 Correspondence Item No. 2i SURNIS,MARLENG Nesai Restaurant From: Nova; Makana PA2 013 - 2 0 3 Sent. Tuesday, May 06, 2014 12:48 PM To: Burns, Marlene Subject: FW: Nesai Restaurant More correspondence for Item 2 on the May 8`h Planning Commission agenda Fi41444%,c AavA I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Cal new port hea chca a ov www. new Dort be a ch ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660. From: Judy Elmore rmai to: elmoreiCcbelmoretovota.coml Sent: Tuesday, May 06, 2014 10:12 AM To: Nova, Makana Subject: Nesai Restaurant Makena Nova, As a home owner and resident of Newport Heights I would like to share my opposition to the extended hours application for Nesai Restaurant. Since we are so closely conncected to that area it would be a bad idea to open our residential streets to late night drinkers. I wish them success and am looking forward to patronizing their "new" establishment but any mixing of quiet residential streets and late nighters is not a good idea. Judy Elmore 2914 Cliff Drive Newport Beach, Ca. 92663 Correspondence Item No. 2j SURNS,MARLENE Nesai Restaurant From: Nova; Makana Sent, Tuesday, May 06, 2014 12:48 PM To: Burns, Marlene Subject: FW: NESAI RESTAURANT (PA2013 -203) More correspondence for Item 2 on the May 8" Planning Commission agenda. Fi41444%,c AavA I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Cal new port hea chca a ov www. new port be a ch ca. a ov PA2013 -203 Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660. From: Scott Pollard rmai Ito: ssolaw(aboacbel1.netl Sent: Tuesday, May 06, 2014 12:46 PM To: Nova, Makana Subject: NESAI RESTAURANT (PA2013 -203) Ms. Nova: While I am looking forward to enjoying the new ownership's concept for Nesai Restaurant and am in favor of the proposed renovations, I am concerned about the proposed extended hours of operation after 11 pm. There are quite a number of homes nearby with elevations above Nesai. The "rising" sound of patrons conversing outside, entering vehicles (which more than likely would be parked on the residential streets being more proximate to Nesai), and driving their cars away will disturb the residents nearby. I am in support of the plans for Nesai, but believe that the late hours request should be denied. Scott S. Pollard 2804 Cliff Drive Newport Beach, California 92663 Correspondence Item No. 2k BURNS,MARLENE Nesai Restaurant From: Brown, Leilani PA2013 -203 Sent, Tuesday, May 06, 2014 3:11 PM To: Burns, Marlene Subject: FW: Chairman Hillgren and Members of the Planning Commission Attachments: D00050614.pdf Hi Marlene. This is for the Planning Commission. Thank you. Leilani I. Brown, MMC City Clerk City of Newport Beach 100 Civic Center Drive I Newport Beach I CA 192660 T (949) 644 -3005 1 F (949) 644 -3039 1 (brown @newportbeachca.gov Regular Business Hours, Excluding Holidays: Monday to Thursday: 7:30 a.m. to 5:30 p.m. Friday: 7:30 a.m. to 4:30 p.m. VOTE June Primary Election - Tuesday, June 3, 2014 qWNewport Beach's General Municipal Election - Tuesday, November 4, 2014 Register to Vote Today From: Melissa Pires fmailto :moiresCcbcenterstone.coml Sent: Tuesday, May 06, 2014 3:02 PM To: Brown, Leilani Cc: 'Ernest Castro' Subject: Chairman Hillgren and Members of the Planning Commission Hi Leilani, I am emailing you the attached letter, per my supervisor who resides in Newport Beach. The original to follow in today's mail. Thank you, Melissa Melissa Pires - Accounting Manager CenterStone Communities, inc. 35008 West Lake Center Drive Santa Ana, CA 92704 Tel. 714.437.0815 Fax. 714.437.0830 The information contained in this e -mail message is confidential and protected by certain privileges, including the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521. It is intended solely for viewing by the addressee only. The privileges are not waived by virtue of this communication being sent by e -mail. If the person actually receiving this e -mail or any other reader is not the named recipient or the employee or agent responsible to deliver this communication to the named recipient, any use, dissemination, distribution, reading or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and permanently delete this e -mail and any attachment from your system. Thank you. May 6, 2014 Mr. Bradley Hillgren, Chairman of the Planning Commission City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 RE: C.U.P. for Nesai Restaurant (PA 2013 -203) Chairman Hillgren and Members of the Planning Commission, My name is Ernest Castro and my residence is located at 2915 Cliff Drive; directly above the restaurant and its parking lot. I am extremely opposed to allowing the continued operation of the Nesai Restaurant and especially its outside dining and drinking past the hours of l Ipm. Unlike most other restaurants here in Newport Beach; this facility is extremely close to residences on almost three sides. Nesai and the previous restaurant, The Stuff Noodle have always been good neighbors and served the community well as fine dining establishments. It appears the new owners want to establish more of a night club atmosphere. Hours after 11 pm would be an extreme hardship on the surrounding Newport Heights Community. Please set strict standards for this use permit and its related noise and alcohol use Sincerely, Ernest Castro Resident Correspondence Item No. 21 SURNS,MARLENG Nesai Restaurant PA2013 -203 From: Nova; Makana Sent. Wednesday, May 07, 2014 5:15 PM To: Burns, Marlene Subject: FW: Nesai Restaurant Please refer to the following comment received for item 2 on tomorrow's Planning Commission agenda HoL4lv4.l. Navoc I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Col new oortbea chca. a ov www. new no rtbeach ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Ned McCune fmailto:ned2455C)hotmail.coml Sent: Wednesday, May 07, 2014 3:38 PM To: Nova, Makana Cc: Jeff Hall Subject: Nesai Restaurant Dear Ms. Nova, Please bring this to the attention of the planning commissioners prior to tomorrow's meeting. I support the application, with the reservations listed below, because a livelier Nesai Restaurant is in the best interest of Mariner's Village, of which I am a part. 1) Provisions of UP 1677 are carried over into this application. This is at the discretion of the staff and the commission, and must not set a precedent for future applications, in particular, one for the Post Office /C'est Si Bon complex, which has already been before this body asking for a zoning change, and will surely be back for other approvals. This property has notoriously pushed all tenant parking on to the street for decades. I know because I have had to tow its cars out of my lot for decades to secure parking for my tenants. 2) The commission has allowed other permittees to operate outside the parking provision of their use permits for decades. Joe's Crab Shack is one example. 3) Mariners Mile parking studies gather dust somewhere in city hall. There should be no more permits of this kind, in this neighborhood, until we have a definitive study of available spaces, how and how many times over they have been pledged, and their occupancy levels. 4) The city sells parking permits for its municipal lots without regard for capacity. I know that there is still — usually - -spare capacity in the 200 Tustin Ave. lot, but with this applicant buying another chunk of permits, it's time to compare what's been sold with the resulting demand. 5) Staff report is misleading on Page 9. The distance from 215 Riverside Ave. to the first of the sixteen blue poles on the right (west) side of the entrance is 750 feet, and those are the first occupied. To reach the other 72, one must go another 200 -300 feet. That's a five- minute walk each way over sidewalks that are dark and deserted when the sun goes down. 6) Again on Page 9, "all ten employees." Applicant will have a staff, counting those on and off duty, probably twice that. Unless all have permits, those without them will park on the street when on duty. Then there is the "frictional" loss of permits due to staff turnover, staffer's car in for repairs, etc. Riverside Ave., Tustin Ave., Ocean View Ave. and Avon Street cannot absorb more employee parking demand. Businesses along Avon Street in particular depend on it for their customer parking. To the extent that newcomers find it somewhere, they push the line of cars deeper into Newport Heights and /or put more pressure on me to secure my lot by towing more cars. 7) Staff report is ambiguous as to daytime operations. On Page 10 it recommends giving applicant the "flexibility" to open the Chef s Dining Room then. Can applicant use these 16 seats in addition to the 34 in Table 2, or can he choose between the venues when the smaller would be more economical to operate? Bear in mind that UP 1677 allowed for only 15 seats 11A to 5P. Applicant wants grandfathering as to parking, while asking for more than twice the seating. The ambiguity would allow for more than three times the original 15 seats. 8) Staff's assumption that the metered spaces on Avon Street adjacent to Nesai will be used only by Nesai patrons depends an unchanging post office complex, but its new owner surely has other plans. Ned McCune, owner, 2700 West Coast Highway. 949 646 2076 Correspondence Item No. 2m SURNS,MARLENr- Nesai Restaurant From: Nova; Makana Sent. Thursday, May 08, 2014 7:45 AM To: Burns, Marlene Subject: FW: Extended hours requested by Nesai Correspondence for Item 2 on tonight's Planning Commission agenda. Fi41444%,c AavA I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive i Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Cal new port hea chca a ov www. new port be a ch ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660. From: wyatt mitcham Finailto :wvattmitchamCalvahoo.coml Sent: Wednesday, May 07, 2014 7:24 PM To: Nova, Makana Subject: Extended hours requested by Nesai Now that the park is in the process of being renovated, the sound from cars being parked and the going and coming of cars, echo up to the residential neighborhood of Newport Heights. The sound from Nesai is now limit to 11:00 PM, after 11:00 PM one could say NESAI would become a Bar and not an eatery. We the people have a number of BARS in Newport Beach. Nesai is too close to our neighborhood as it is, to extended hours would constitute a safety hazard. DO WE the people want to increase drunk drivers on the roads and then have them driving through Newport Heights. If this is a way of attracting more clientele it won't be from our neighborhood. The City of Newport Beach is trying to accommodate all party's. Is there a way to generate more money,other then extension of hours, better marketing perhaps? Newport Beach has many fine magazines to advertise their eatery in, in order to draw in new business during their normal operating hours. Wyatt Mitcham 1 Correspondence Item No. 2n SURNS,MARLENG Nesai Restaurant From: Nova; Makana PA2 013 - 2 0 3 Sent Thursday, May 08, 2014 7:48 AM To: Burns, Marlene Subject: FW: Nesai One more comment letter for Item 2 on tonight's Planning Commission agenda I' oL4oL" .a Nava. I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Col new oortbea chca. a ov www. new no rtbeach ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Tom LoScalzo 1mai Ito: nbt1949(ahotrnail.coml Sent: Thursday, May 08, 2014 7:22 AM To: Nova, Makana Subject: Nesai Hello Makana, My name is Tom Loscalzo and my family resides on Westminster Ave in the Newport Heights area of Newport Beach. My wife Yesenia and I have been frequenting the Nesai restaurant periodically over the years mainly due to its close proximity and walking distance from our residence. During more recent visits we have become aware of a new owner group taking over and plans to conduct significant remodeling and an overall change to the operating concept. At first we were very apprehensive about this and what the restaurant might turn into. However, having had the chance to visit with a couple of the ne owners and become more familiar with the proposed enhancements and the group behind it we are now in full favor and support of the planned transformation. We are beyond excited to see a local establishment get a fresh makeover and renewed energy to become a much more visually appealing and high quality dining destination. We have even taken it upon ourselves to the visit the new owner group's other two restaurant locations in Downtown Santa Ana and we have been thoroughly impressed by the food, service, and atmosphere. We expect that if they can turn Nesai into something of comparable quality then we will have a vital new asset attached to our neighborhood. My wife and I often dine late and when speaking with one of the owners, he said they intended to stay open later than now. I was, of course, concerned that it was going to be a late night hang out. He assured me that was not the case and that his group has no interest in that. So, we are very much looking forward to a nice late night place to dine that is so close. We are in full favor and support for the proposed improvements and operating conditions being sought after by the new owner group. In fact, we cannot wait for the new restaurant to be open and ready for our loyal patronage. Thank you so much for helping to improve our neighborhood. Sincerely, Tom & Yesenia LoScalzo Tom LoScalzo 949 -500 -2314 Correspondence Item No. 20 SURNS,MARLENE Nesai Restaurant PA2013 -203 From: Nova; Makana Sent, Thursday, May 08, 2014 7:55 AM To: Burns, Marlene Subject: FW: Nesai Restaurant /General Plan Update One more comment letter for Item 2 on tonight's Planning Commission agenda I' oL4oL" .a Nava. ) ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Col new oortbea chca. a ov www. new no rtbeach ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: TOMLU BAKER [mailto:tomlubaker @hotmail.com] Sent: Thursday, May 08, 2014 12:09 AM To: Nova, Makana; Ramirez, Gregg Cc: Tom & Lu Anne Baker Subject: FW: Nesai Restaurant /General Plan Update Dear MNOVA and Greg Ramirez, I believe you should have been on the distribution list for the following email. My mistake. Tom Baker From: tomlubakerCilhotmail.com To: bhillgren @highrhodes.com; tucker @gtpcenters.com; korvkramer @gmail.com; fredameri40 @gmail.com,- tim- brown @sbcglobal.net; ray.lawler @hines.com; iavmvers5 @cox.net CC: tomlubaker(a?hotmail.com Subject: Nesai Restaurant /General Plan Update Date: Wed, 7 May 2014 23:58:39 -0700 I wish to thank you and the city organization of Newport Beach for accepting input on matters related to citizen concerns about NESAI RESTAURANT (PA2013 -203) and New Commercial Developments. New Commercial Developments { defined as new initial development of a previously undeveloped sites or redevelopment of a previously developed site } (NCD) requires the new commercial development abutting residential designated properties be designed to minimize street parking by NSD, noise impact generated by loading areas, parking lots, trash enclosures, mechanical equipment, and any other noise generating features specific to the development to the extent feasible. SUBJECT # 1 : NESAI RESTAURANT (PA2013 -203) Neighborhood concerns with NESAI RESTAURANT (PA2013 -203) include : A) The request by NESAI RESTAURANT of an extension of service hours past 11:00 pm. There should be no extension of service hours granted to NESAI RESTAURANT. Development /redevelopment for these NCD sites shall be limited to the historical usage. Example : If the type of business conducted at the sites has been from 8:00 AM to 5:00 PM with minimal or no business on weekends (and no Sunday business), then these sites shall be limited to the historical usage. There is no question that the extension of the service hours of this restaurant /bar will increase the traffic volume of drinking patrons through our residential neighborhood. This is not only a traffic issue but also a safety issue. There are a number of establishments already providing these services within a few hundred yards of this establishment. B) The request by NESAI RESTAURANT to waive a portion of the required parking The request to waive a portion of the required parking should not be granted to NESAI RESTAURANT. No on- street parking credit shall be granted for NCD's abutting residences. Parking on residential streets instead of utilization of assigned commercial parking has always been a problem. There have been Cliff Drive /Riverside Avenue parking issues over the years of businesses and patrons of those establishments located in the Avon /Riverside Avenue area. (Similarly there have been and are parking issues in other areas such as Beacon Avenue /Holmwood Drive /Westminster Avenue /Broad Street /Clay Street /Bolsa Avenue /Catalina Drive over the years. All efforts should be made to ensure that all such commercial enterprises abutting residential designated properties are barred from allowing, encouraging or planning for the use of residential parking areas as overflow parking for their employees or customers. C) The request by NESAI RESTAURANT for Approval of a parking management program that includes off -site parking at 2660 Avon Street, annual employee parking passes for use in the City municipal parking lot (Mariners Mile Lot), and valet parking. The request by NESAI RESTAURANT for Approval should be granted IF AND ONLY IF there is a legally recorded Agreement with the City (and other parties if appropriate) specifying the number of required parking spaces by PA2013 -203, accessibility by the public of the legally recorded Agreement, individual parking spaces signage specifications to assure the markings are clear and specific in the intended usage and that the conditional use permit PA2013 -203 is null and void if the terms of the original agreement are not met by the City and /or the NESAI RESTAURANT D) Reference ennails to mnova(cilnewportbeachca.gov for additional Neighborhood concerns with NESAI RESTAURANT (PA2013 -203) SUBJECT #2: General Plan Update An email addressing residential concerns associated with commercial development abutting residential designated properties and proposes changes to the General Plan Amendment (November -2014 Public Vote) to minimize the residential concerns was sent to Mr. Greg Ramirez on 4/30/2014 with a request to provide copies to the Members of the City Council and the Planning Commission. Said email contains additional residential concerns and is not limited to those concerns expressed about NESAI RESTAURANT (PA2013 -203). Reference emails to gram irez(a)newportbeachca.00v for additional Neighborhood concerns commercial development abutting residential designated properties Once again thank you for the opportunity to provide comments. Tom Baker 413 Holmwood Drive Correspondence Item No. 2p BURNS,MARLENE Nesai Restaurant PA2013 -203 From: Nova; Makana Sent, Thursday, May 08, 2014 10:21 AM To: Burns, Marlene Subject: Nesai Acoustical Analysis Report Attachments: Nesai Report.pdf Marlene, Please refer to the attached acoustical analysis report provided by the project applicant for Item 2 on tonight's Planning Commission agenda. KLA^4•4 Naas I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova C@ new p o rtbea ch ca gov www. new oortbe a ch ca. go Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Eric Beneker rmailto :ericbeneker(cpebdesign.ccl Sent: Thursday, May 08, 2014 8:14 AM To: Nova, Makana Cc: Jeffrey D Hall Subject: Re: Nesai Materials boards Good morning Makana, I plan on stopping by a little before 9am with the boards. Also we just got our Acoustical report late last night and would like to include it for review by the planners. I will also print out hard copies for distribution tonight. thank you! Eric On May 7, 2014, at 5:17 PM, "Nova, Makana" <MNova&newportbeachca.gov> wrote: > Hi Eric, > You can drop the boards and easels by sometime tomorrow if you'd like. That way our staff can set them up prior to the meeting tomorrow evening. Let me know what time you plan to come in. I should be in the office for most of the morning. • Makana Nova I ASSISTANT PLANNER, AICP • Planning Division I Community Development Department • City of Newport Beach • 100 Civic Center Drive I Newport Beach, CA 92660 • P. 949.644.32491 F. 949.644.3203 • mnova(anewportbeachca.gov • www.newoortbeachca.gov > Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. > - - - -- Original Message - - - -- * From: Eric Beneker [ mailto:ericbenekergebdesign.cc] > Sent: Wednesday, May 07, 2014 4:11 PM > To: Nova, Makana; Jeffrey D Hall > Subject: Nesai Materials boards > Hi Makana, > I have 3 large Materials /inspiration boards for the presentation and 3 easel to display them on. I think it may be best if 1 were to set them up someplace where the planners maybe could see them before the hearing? I would also like to use them in the council chambers for our presentation. How do you usually handle that? > I will also have smaller story boards with our floor plan and the concept renderings but those are easy to handle. > thank you! > Eric RS ACOUSTICS INC 15751 Beaver Run Road Canyon Country, CA 91387 P:(661)251 -3965 F:(661)310 -3783 NESAI RESTAURANT 215 -217 RIVERSIDE STREET NEWPORT BEACH, CALIFORNIA ACOUSTICAL ANALYSIS REPORT Prepared for: Victor Corona VMC Architecture Planning & Design 25725 Wallace Place Stevenson Ranch, CA 91381 Prepared by: RS Acoustics Inc. 15751 Beaver Run Rd. Canyon Country, CA 91387 Phone: (661) 251 -3965 Fax: (661) 310 -3783 Date: 8 May 2014 Report No. 140508 Consultants in Architectural Acoustics & Noise Control Nesai Restaurant — Newport Beach Annual Analysis Report Page 2 SECTION 1 - GENERAL This report has been prepared to determine the acoustical effects associated with extending the operat- ing hours of an exterior patio from the current 10:00 pm closing time to 12:00 am. The exterior patio extends the entire length of the south elevation of the restaurant and approximately 16' along the east elevation. Buildings in the nearby vicinity with direct line -of -sight to the exterior patio are commercial and retail occupancies. Directly across Avon St. south of the restaurant and patio is a post office /warehouse build- ing which extends the entire length of the Nesai Restaurant. Retail and commercial buildings occur fur- ther west on Avon St. Directly east of the restaurant across Riverside are commercial buildings including a Mariners Insurance building, and an architectural design office. Residences are located north and northeast of the restau- rant building 1.1 PROJECT DESCRIPTION The Nesai Restaurant is located at 215 -217 Riverside Street in Newport Beach, California at the north- west corner of the intersection of Avon St. as shown on the vicinity map on Figure 1. The proposed res- taurant occupies approximately 3000 square feet of the first level of a three story building, with office space on the two floors above. The patio is located at street level, approximately 10' wide and extends the length of the building elevation facing Avon St. and approximately 16' along the building elevation facing Riverside 1.2 COMMUNITY NOISE ASSESSMENT METRICS In general, community noise measurements or assessments refer to descriptions of the exterior noise environment in the vicinity of inhabited areas. Descriptions of noise usually include the time and spatial variations in the outdoor noise environment throughout a specific area so that descriptions are relevant to the effect on people within the specified area. Outdoor noise environments vary greatly in magnitude and character among locations throughout a community —from the quiet suburban areas bordering on farmland, to the din of traffic in downtown city streets. They generally vary with time of day, being relatively quiet at night when activities are min- imal and noisier in morning and afternoons during peak traffic periods. Noise or unwanted sound is complex and may be comprised of a broad range of sounds often including low and high frequency components, which may also occur at differing decibel levels. To help simplify and quantify the human judgment of relative loudness and provide a simple single- number rating sys- tem, the "A- weighting" network was developed. A- weighted sound level "db(A)" is one of the most widely used methods of stating community noise de- sign goals and regulations in terms of a single number rating system. A- weighted sound levels are ob- tained with a sound level meter incorporating an electronic weighting network that de- emphasizes the low frequency portions of the noise spectrum, to automatically compensate for the lower sensitivity of the human ear to low frequency sounds. High frequency components of sound, 1000Hz and above are relatively unchanged in A- weighting networks as the human ear is fairly equally sensitive to all sounds Nesai Restaurant — Newport Beach Annual Analysis Report Page 3 occurring in this high frequency range. The single A- weighted sound level is the sum of all A- weighted sound energy within the 32Hz to 8000Hz octave bands. The City of Newport Beach, as is typical of other cities, utilizes A- weighted sound levels in their noise ordinance to quantify allowable noise levels which are averaged over a specific time period. This time component is specified to allow for varying noise conditions such as the fluctuating noise levels associ- ated with vehicular traffic stopping or accelerating from an intersection. The resultant level would be the average of all sound levels measured within the stated time period. The noise ordinance of The City of Newport Beach requires that noise measurements be conducted and averaged over a 15 minute period, with a sound level meter set for a slow response averaging time. The result is termed a "15 minute Leq ", (Equivalent Noise Level) and is measured and presented in A- weighted decibels levels. By definition, a 15 minute Leq is the A- weighted sound level corresponding to a steady -state sound level containing the same total sound energy as a time - varying signal over the 15 minute period. For short duration or impact sounds, the City of Newport Beach utilizes the Lma, metric or (Maximum Sound Level). This metric is also expressed in A- weighted decibels, and per the requirements of the or- dinance is measured at the slow response averaging time. Lmax noise levels quantify the highest sound level measured or recorded during a designated time interval or event. *b A [.r Nesal Restaurant a COO wC6.K, '1 IFa �N Qrf. N 11�.r $QIIC[] e c r• anner•wcM a,K� Y Cwr 5, Bw� P.bnr Y Z; 0 g4CYr � LAI.n SJen • -T BodiVr.rndlranny . •Me• r „Y 1'.1 -, FIGURE 1 VICINITY MAP 1.3 NOISE STANDARDS The following noise level standards are excerpted from the City of Newport Beach noise ordinance. 10.26.025 Exterior Noise Standards A. The following noise standards, unless otherwise specifically indicated, shall apply to all proper- ty within a designated noise zone: Nesai Restaurant — Newport Beach Annual Analysis Report Page 4 * Lmax levels defined in B.2 below ** Residential properties within 100' of commercial property line defined in D. below. If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or oth- erwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen - minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) dB(A) for any period of time (measured using A- weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that com- mercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995; Ord. 95 -38 § 11 (part), 1995) As discussed in the following section, the ordinance defines the locations where acoustical measure- ments are to be made to determine compliance with the noise standard criteria. 10.26.055 Noise Level Measurement A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measure- Measuring Daytime Nighttime Allowable Exterior Allowable Exterior Noise Type of Land Use Metric Zone (A -wtd) Noise Level (Leq) Noise Level (Leq) 7;00 am — 10:00 pm 10:00 pm — 7:00 am I. Single -, two -, or multiple - family 15 minute Leq 55 dB(A) 50 dB(A) *Lmax 75 dB(A) 70 dB(A) residential. 15 minute L, 65 dB(A) 60 dB(A) II Commercial *Lmax 85 dB(A) 80 dB(A) 15 minute Leq 60 dB(A) 50 dB(A) III Mixed Use Residential ** *Lmax 80 dB(A) 70 dB(A) V Industrial or Manufacturing 15 minute Leq 70 dB(A) 70 dB(A) *Lmax 90 dB(A) 90 dB(A) * Lmax levels defined in B.2 below ** Residential properties within 100' of commercial property line defined in D. below. If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or oth- erwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen - minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) dB(A) for any period of time (measured using A- weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that com- mercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995; Ord. 95 -38 § 11 (part), 1995) As discussed in the following section, the ordinance defines the locations where acoustical measure- ments are to be made to determine compliance with the noise standard criteria. 10.26.055 Noise Level Measurement A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measure- Nesai Restaurant — Newport Beach Annual Analysis Report Page 5 ment microphone height shall be five feet above finish elevation or, in the case of a deck or bal- cony, the measurement microphone height shall be five feet above the finished floor level. B. The location selected for measuring interior noise levels shall be made within the affected resi- dential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position. (Ord. 95 -38 § 11 (part), 1995) 1.4 TEST EQUIPMENT Noise levels measurements were conducted with the following equipment. Acoustic calibration was conducted immediately prior to and following the test procedures: • Larson Davis Type 824 Type I integrating one -third octave band sound level meter • Larson Davis Model PRM902 microphone preamplifier • Larson Davis Type CAL200 precision Class I sound level calibrator calibrated to a reference traceable to the National Institute of Standards and Technology. • Larson Davis Type 2560'/:" microphone accepted to meet the specifications of IEC 60651 and ANSI S1.4 -1983 Type 1. Measurement equipment satisfies the American National Standards Institute (ANSI) Standard 1.4 for Type 1 precision sound level measurements as well as all requirements for testing equipment for the City of Newport Beach. SECTION 2 - ACOUSTICAL MEASUREMENT RESULTS Acoustical measurements were conducted at several locations on 7 May 2014 between the hours of 11:00 pm and 1:00 am on 8 May 2014 to determine the ambient conditions which occur during the de- sired extended hours of patio operation. Measurement positions are shown in Figure 2. The primary source of noise impacting the restaurant and adjacent areas is traffic noise from Coast Highway to the south. Traffic on Riverside was sporadic during our site visit, and no traffic was observed on Avon St. Commercial and general aviation aircraft at high elevation were also observed. Nesai Restaurant — Newport Beach Annual Analysis Report Page 6 FIGURE 2 MEASUREMENT POSITIONS 2.1 PREDICTED NOISE LEVELS The drawings show the patio to seat 52 total diners, approximately 42 along the south elevation of the restaurant building and another 10 patrons seated at the east elevation. The closest building to the south patio elevation is the post office which is approximately 50' from the patio. To the east across Riverside, the closest building is the insurance building which is 80' from the patio. Residential property 90' to the northeast across Riverside would only be exposed to the ten diners seat- ed at the east area of the patio. Noise from patio diners would be insignificant at the residences located to the north of the patio due to the acoustical shielding provided by the 3 story restaurant building. Typical sound levels of normal conversation between people approximately 3' apart is on average 65 dB(A). Using the assumption that additional diners in the patio will generate, on average, the same level of noise per person (at a fixed distance), determining the sound levels of 52 people speaking (assuming the patio is 100% occupied) is calculated by the following calculation: 10log ((10(""') x 52)) (for 100% occupancy— 52 diners total at south elevation) 10log {( d"11°) x 10)) (for 10 diners at east elevation) The resultant sound level of 52 patrons speaking at average levels of 65 dB(A) results in total sound lev- els of 82 dB(A). The sound level of 10 patrons speaking at average levels of 65 dB(A) results in total sound levels of 75 dB(A). Nesai Restaurant — Newport Beach Annual Analysis Report Page 7 To determine the sound level at the commercial post office property to the south at a distance of 50' from the patio, the following formula is used: 82 dB(A) - 20log(d2/dl) Where d1= initial distance (3') dZ = distance where sound level is desired (50') For the commercial post office property south of the patio, the calculated sound levels from diners: = 82 dB(A) - 20log(50'/3') = 82 dB(A) —25 dB(A) = 57 dB(A) For sound levels at the office buildings 80' to the east across Riverside, the following formula is used: 82 dB(A) - 20log(d2/dl) Where d1= initial distance (3') dZ = distance where sound level is desired (80') For the commercial office properties east of the patio, the calculated sound levels from diners: = 82 dB(A) - 20log(80'/3') = 82 dB(A) — 29 dB(A) = 53 dB(A) For sound levels at the residential property 90' to the northeast across Riverside, the following formula is used: 75 dB(A) - 20log(dz /dl) Where d1= initial distance (3') dz= distance where sound level is desired (90') For the commercial office properties east of the patio, the calculated sound levels from diners: = 75 dB(A) - 20log(90'/3') = 75 dB(A) —30 dB(A) = 45 dB(A) These results as well as the City of Newport Beach noise standard are shown in the following Table I Nesai Restaurant — Newport Beach Annual Analysis Report Page 8 TABLE I Predicted Noise Distance to Nearby Noise Reduction Resultant Level at Newport Beach Levels at Patio Property due to Distance Nearby Property Nightime Standard 82 d8(A) 50' to post office 25 d8(A) 57 dB(A) 60 dB(A) across Avon 80' to commercial 82 dB(A) offices across River- 29 dB(A) 53 clB(A) 60 clB(A) side 75 dB(A) 90' to residences 30 dB(A) 45 dB(A) 50 dB(A) across Riverside SECTION 3 - CONCLUSION The noise levels generated by operation of the dining patio are calculated to range from 53 dB(A) to 57 dB(A) at the closest commercial properties thus satisfying the 60 dB(A) maximum level allowed by the City of Newport Beach noise ordinance. At the closest residential property to the northeast of the restaurant, noise levels from patio activity are calculated to be 45 dB(A) which satisfies the 50 dB(A) maximum level allowed by the City of Newport Beach. Residences directly north of the building are acoustically shielded and noise levels from the patio activity would be insignificant. Based on data measured at the site as well as calculations presented herein, we conclude that the dining patio remaining open to 12:00 a.m. should satisfy the noise ordinance of the City of Newport Beach. This concludes our report. Please feel free to call with any questions or comments Sincerely yours, RS Acoustics Inc. Robert Schmidt, Principal Consultant R: \Current Projects\Active Projects \Nesai \Nesai Reportdocx Correspondence Item No. 2q SURNS,MARLENG Nesai Restaurant From: Nova; Makana PA2 013 - 2 0 3 Sent, Thursday, May 08, 2014 11:00 AM To: Burns, Marlene Subject: FW: Fred Babaee Resident Newport Beach Westminster Ave. Here is another comment letter for Item 2 on tonight's Planning Commission agenda HA1444%,c AavA I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Cal new port hea chca a ov www. new Dort be a ch ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660. From: Fred Babaee rmailto:fredCalfbabaee.coml Sent: Thursday, May 08, 2014 10:44 AM To: Nova, Makana Subject: Fred Babaee Resident Newport Beach Westminster Ave. Hello Makana, My name is Fred Babaee, we are neighbor here at Newport Height Newport beach. We just moved here to Newport Beach and welcome any new establishment close to our neighborhood in particular a renovation of Nasai Restaurant on Riverside Ave. Newport Beach. I wish them luck in regards to process and transition this restaurant into a new facility. Kindest regards Fred Babaee Correspondence Item No. 2r SURNIS,MARLEMr- Nesai Restaurant PA2013 -203 From: Nova; Makana Sent, Thursday, May 08, 2014 11:46 AM To: Burns, Marlene Subject: FW: PA 2013 -203 Nesai Restaurant More correspondence received for Item No. 2 on tonight's Planning Commission agenda H414.44%,c AavA I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Cal new port hea chca a ov www. new Dort be a ch ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660. From: Pete Zehnder rmai Ito: oete(d)bettershelter.coml Sent: Thursday, May 08, 2014 11:44 AM To: Hillgren, Bradley; Tucker, Larry; Kramer, Kory; Ameri, Fred; Brown, Tim; Lawler, Ray; Myers, Jay; Nova, Makana Subject: PA 2013 -203 Nesai Restaurant May 08, 2014 Dear Honorable Members of the Planning Commission, 1 am writing on behalf of the local homeowners and residents listed below with reference to the planning application PA 2013 -203 for Nesai restaurant. We are very familiar with the applicant, Jeff Hall, and his partners from our experience over the years with his other restaurants and community participation. Most notably, Jeff has significantly helped to transform the downtown Santa Ana historic zone into a vibrant and thriving restaurant and entertainment destination. In addition, they have contributed a very significant amount of money and time into a number of local charities and community improvement projects. We very much support the application to convert the old Nesai restaurant into a new, upscale and relevant fine dining establishment convenient to the Newport Heights neighborhood. Knowing the plans and Jeff's commitment to excellence, everyone in our neighborhood is excited that this will be a much needed, local oriented alternative to the noisy and more tourist focused businesses on Pacific Coast Highway. We also encourage your approval for the outdoor dining service post the 9:00 P.M. hour. It will be very enjoyable for so many with busy schedules to have the opportunity to enjoy a late snack or meal in a lovely outdoor patio in our great Newport weather. Jeff and his team will be a great addition to the local community. We are excited to have a true "neighborhood" place for "foodies "and friends to gather and enjoy a great meal. Sincerely, Peter and Beth Zehnder 521 Redlands Ave. Newport Beach, Calif. 92663 Tammy & Keith Matsunami 421 Riverside Ave. Newport Beach Ca 92663 Will and Kris Higman 422 Redlands Ave Newport Beach, Ca. 92663 Tracy Rath 441 Redlands Ave Newport Beach Ca 92663 Jenny & Tim Brosnan 412 Signal Road Newport Beach, Ca. 92663 Mr. and Mrs. Al Gels 526 San Bernadino Ave Newport Beach Ca 92663 Tony and Kathy Shaw 124 Tustin Ave. Ste 200, NB, and 204 Tustin Ave. NB, CA 92663 The Robertson Family 519 Aliso Newport Beach, Cal. 92663 Mr. and Mrs. Carl Fuller 537 Redlands Ave NB, Calif. 92663 Glenn & Kristin baker 445 Redlands Ave Newport Beach, CA.92663 2 Garrett Robertson 419/423 Redlands Ave. Newport Beach, Ca. 92663 Chelsea and Trever Gregory 1301 Kings Road Newport Beach, Calif. Dennis & Leslie Shannon 7 Cape Woodbury Newport Beach, Ca. 92660 Rick & Kendra Lohr 2107 Leeward Ln. Newport Beach, CA 92660 Mr. and Mrs. Joe Flannagan 506 Signal Rd. Newport Beach, Ca. 92660 Dave & Jenn Allen 517 Catalina Dr Newport Beach, Ca 92663 Julie & Matt White 7 Cape Danbury Newport Beach, Ca. 92660 Wendy & Kim Thompson 441 El Modena Ave. Newport Beach CA 92663 Kim & Steve Coyne 2422 Margaret Dr. Newport Beach CA 92663 Julie & Tim Woodall 300 Pirate Road Newport Beach, Ca. 92663 Bridget & Blain Skinner 1315 Sussex Lane Newport Beach Ca 92660 Kim Robertson 1410 Kings Road Newport Beach, Ca. 92663 3 Paddy & Graham Espley -Jones 2665 Bayshore Dr. Newport Beach, CA 92663. Matt and Rorie Kaplan 511 Tustin Avenue Newport Beach, CA 92663 Kelligrace and Chip Stassel 425 Aliso Ave. Newport Beach. Ca. 92663 Resident 2631 Crestview Dr. Newport Beach, Ca. 92663 Correspondence Item No. 2s SURNS,MARLENG Nesai Restaurant PA2013 -203 From: Nova; Makana Sent, Thursday, May 08, 2014 12:22 PM To: Burns, Marlene Subject: FW: 217 Riverside. Nesai restaurant.. More correspondence received for Item 2 on tonight's Planning Commission agenda. Makana Nova I ASSISTANT PLANNER Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(a)newportbeachca.gov www.newportbeachca.gov - - - -- Original Message---- - From: Marilyn Riddle tmailto :riddle.marilyn(cDicloud.coml Sent: Thursday, May 08, 2014 12:08 PM To: Nova, Makana Subject: 217 Riverside. Nesai restaurant.. Those proposed open -air drinking hours are unacceptable in my neighborhood. I live at 227 Ocean View. My home is across the street as my home is on the uphill across from the Nesai. The late night commotion will travel uphill. There are times when late- night drinkers gather in the Park on Riverside after they have had their fill. Sometime it feels like Riverside is a speedway, with unconcerned, thoughtless drivers testing the limits. Please reconsider the negative impact of the Nesai proposal. My name is Marilyn Riddle, and my phone # is 949 - 646 -8811. Sent from my Fad Correspondence Item No. 2t aURNS,MARLENE Nesai Restaurant PA2013 -203 From: Nova; Makana Sent. Thursday, May 08, 2014 12:49 PM To: Burns, Marlene Subject: FW: Former Nesai Restaurant Comments received on Item 2 on tonight's Planning Commission agenda HoL4oL4.l. Navot I ASSISTANT PLANNER Planning Division I City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 mnova(@ new oortbeach ca. aov www. new no rtbeach ca. a ov From: Ryan Chase ]mailto:rchaseusc()omail.coml Sent: Thursday, May 08, 2014 12:34 PM To: Nova, Makana Subject: Former Nesai Restaurant Makana, Wanted to email you in support of the new owners /operators of the former Nesai Restaurant that is going in front of planning commission tonight. As a longtime Newport Beach family and landowner I am in full support of their project and what they bring to the City. My family is also very involved in Downtown Santa Ana and since Jeff Hall's entry into the area his restaurants Chapter One and C4 Deli have been HUGE additions and taken things to the next level operationally and professionally. Not only do they have great food but their contributions to the area and overall community have been hugely impactful. Whether its a charity Bingo night, a Downtown event, or volunteering as the head of the restaurant association and Downtown board, you will not find a better team to welcome to our community. Lastly, as a younger resident of Newport would hope that the City will allow them to stay open to at least midnight on the weekends to provide some alternative options to McDonalds and Taco Bell. Thank you for your consideration. Ryan Chase, Iry Chase, & Allan Fainbarg S & A Properties 129 W. Wilson St. Ste 100 Costa Mesa, CA 92627 949- 722 -7400 949 - 722- 8855(Fax) Correspondence Item No. 2u BURNS,MARLENE Nesai Restaurant Irrom: Jim Mosher <jimmosher @yahoo.com> PA2013 -203 Sent, Thursday, May 08, 2014 2:19 PM To: Nova, Makana Cc: Burns, Marlene Subject. Comments on Nesai Restaurant - (PA2013 -203) -- PC Agenda Item 2 Makana, I found your staff report for tonight's Planning Commission hearing on Agenda Item 2 (PA2013- 203)generally excellent and very thorough. I would like to offer these minor suggestions: 1. In Condition 15 (handwritten page 26), regarding the hours when exterior doors and windows can be open, the word "shall" missing. I would also suggest including a clearly stated starting hour as well as an ending hour. For example: "The exterior windows and doors of the facility SHALL be closed BETWEEN 10:00 p.m. and 10:00 a.m." (or whatever opening time is appropriate) 2. Likewise in Condition 12, the closing hour for the outdoor patio is clear, but the permissible starting hour is not. Should an opening hour for the outdoor patio be specified? If it is, it was not clear to me from the other conditions. 3. Finally, on handwritten page 27 there is a Condition "65" and "66" inserted between "21" and "22." This may be confusing since there are different Conditions 65 & 66 on handwritten page 32. 4. Also, is a Coastal Development Permit (or waiver) required for this type of commercial remodeling in the Coastal Zone? I see the need for CCC approval was mentioned in the 1989 Use Permit (handwritten page 48, Condition 13). Yours sincerely, Jim Mosher Correspondence Item No. 2v SURNS,MARLENr- Nesai Restaurant PA2013 -203 From: Nova; Makana Sent, Thursday, May 08, 2014 2:34 PM To: Burns, Marlene Subject: FW: NESAI RESTAURANT -- CONDITIONAL. USE PERMIT Here is some more correspondence received for Item 2 on tonight's Planning Commission agenda Ho4e.4 -A NoN�c I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Col new oortbea chca. a ov www. new no rtbeach ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660 From: Cazzbo30(cbaol.com fmai Ito: Cazzbo30Calaol.coml Sent: Thursday, May 08, 2014 2:13 PM To: Nova, Makana Subject: NESAI RESTAURANT -- CONDITIONAL USE PERMIT May 7, 2014 Dear Ms. Nova: We have lived across from Cliff Drive Park for 42 years. Nesai Restaurant is located on the apron of Cliff Drive Park. To allow the new operators of Nesai Restaurant to do business, including alcohol service until 12 midnight Monday thru Thursday; 1 AM Friday and Saturday and 12 midnight Sunday is ASKING for disturbances. This is not the first time that (very possible) peace and tranquility will invade the Newport Heights Neighborhood. I cannot count the times we have been awakened in the wee hours of the morning by loud party disturbances coming from the Rusty Pelican and neighboring restaurants and bars. The Nesai Restaurant is located much closer....... right under our noses, as matter of fact. And, as you know, they are requesting that the patio service be expanded, which will allow MORE NOISE to invade this residental neighborhood. I welcome progress. Nesai Restaurant has been a good quiet neighbor for a number of years. But in all fairness, would you like a loud party induced bar operating until 1 AM within 100 yards or less of your home? I understand the sale of alcohol is where the profit of a restaurant /bar is derived. Nesai had such a license, but was primarily a restaurant that offered alcohol services and closed at 10:30 PM. Nesai was not an attraction to drinking parties. We never once had a disturbance from there. Employee and customer parking and traffic through our neighborhood are additional issues that cannot be ignored. These concerns are real. Thank you for anticipated support from our city. Corinne Spence 2910 Cliff Drive Newport Beach, CA 92663 Correspondence Item No. 2w SORNS,MARLENr- Nesai Restaurant PA2013 -203 From: Nova; Makana Sent, Thursday, May 08, 2014 2:47 PM To: Burns, Marlene Subject: FW: Nesai Restaurant Hours Correspondence received for Item 2 on tonight's agenda HoLAA •.c ADVA I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Col new oortbea chca. a ov www. new no rtbeach ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Bruce & Kathe Choate rmailto :choateoncliffCa)gmail.coml Sent: Thursday, May 08, 2014 2:43 PM To: Nova, Makana Cc: Bruce Choate; 'Dorothy' Subject: Nesai Restaurant Hours Dear Ms. Nova, I am writing to let you know that my husband and I are very opposed to late hours at the Nesai Restaurant which is under new ownership. We live at 2924 Cliff Drive, in a very quiet and peaceful neighborhood and we prefer to keep it that way. We overlook a park which has stairs down to the street below which is where the restaurant is located. We fear that valets will park patron's cars on the street in front of our house as it is convenient to do so with the access of the stairs. Also, the noise in general of a business closing down at that hour is unacceptable. My husband is up at 5:30 am each day for a long commute to work and being awakened after 10 pm would be a hardship for us. People who have been drinking late are usually very noisy and since they do not live in our neighborhood, I'm sure that they would not care how much noise they make. What would be next with the late hours? Music? Absolutely not. I understand that there is a meeting tonight regarding the hours for the restaurant. I would appreciate it if you would have this email available at the hearing as I cannot be there this evening myself. I want to make sure that our voice is heard, loudly. Please keep me informed of future developments on this particular subject. I think you will find that the neighbors in Newport Heights and the surrounding area will be 100% against extended hours. After all this is a RESIDENTIAL NEIGHBORHOOD not restaurant row. Thank you. Kathe Choate Correspondence Item No. 2x SURNS,MARLENG Nesai Restaurant PA2013 -203 From: Nova; Makana Sent, Thursday, May 08, 2014 2:54 PM To: Burns, Marlene Subject: FW: Nesai Restaurant A comment for Item 2 on tonight's Planning Commission agenda HoL4lv4.l. Navoc I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Col new oortbea chca. a ov www. new no rtbeach ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Benavides, David fmailto :DBenavides0santa- ana.oraI Sent: Thursday, May 08, 2014 2:50 PM To: Nova, Makana Cc: ,; ij(a)chapteronetml.com Subject: Nesai Restaurant Makana Nova, The purpose of this correspondence is to serve as a reference for Jeff Hall and Jeff Jensen, new operators of Newport Beach 's Nesai Restaurant. Mr. Hall and Mr. Jensen opened, own and operate two restaurants in Downtown Santa Ana (Chapter One and C4:Deli) . They have been restaurateurs in our city for several years. I have been more than impressed with their professionalism, responsible operation of their restaurants and contributions to our community. They have been great partners both with the City and with other area business owners in collaborating to continuously improve our Downtown Business District. This team of partners have opened up their restaurants to support various fundraisers for multiple community non - profits. They serve in the leadership for both the Downtown Santa Ana Restaurant Association and Business Improvement District association. I am sure that they will be an asset to your city's business community. This is the first time that I write such a reference for a Santa Ana business owner, however, given their stellar track record I was compelled to do so. Regards, P. David Benavides Councilman, City of Santa Ana dbenavides(a )Santa- ana.org 714.647.6900 Correspondence Item No. 2y SURNS,MARLENG Nesai Restaurant PA2013 -203 From: Nova; Makana Sent. Friday, May 09, 2014 8:46 AM To: Burns, Marlene Subject: FW: Nesai Restaurant Comments received on Item 2 of the Planning Commission agenda for May 8`h Moc4oL4.l. Nava. I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Col new oortbea chca. a ov www. new no rtbeach ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: Phil Bacerra rmailto:ohilbacerra(cbamail.coml Sent: Thursday, May 08, 2014 3:53 PM To: Nova, Makana Subject: RE: Nesai Restaurant Ms. Nova, I enthusiastically support Jeff Hall and Jeff Jensen in their latest culinary endeavor. My only concern is that this endeavor is in Newport Beach and not Santa Ana. As a Planning Commissioner in the City of Santa Ana, I, along with my six colleagues, make land use decisions that we believe will most benefit our city. Our city has granted two conditional use permits to Mr. Hall and Mr. Jensen and I could not be more happier with their businesses' performance. Nesai Restaurant will be an excellent addition to Newport Beach. Sincerely, Phil Bacerra Planning Commissioner City of Santa Ana Correspondence Item No. 2z SURNS,MARLENr- Nesai Restaurant PA2013 -203 From: Nova; Makana Sent. Friday, May 09, 2014 8:47 AM To: Burns, Marlene Subject: FW: Nesai Supporter Comments received for Item 2 on the May 8`h Planning Commission agenda HA1444%,c AavA I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Cal new port hea chca a ov www. new Dort be a ch ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach. CA 92660. From: Sara D'Elia rmai Ito: sdelia(cbremmarouo.coml Sent: Thursday, May 08, 2014 4:15 PM To: Nova, Makana Subject: Nesai Supporter Hello Mr. Nova, I live at 510 Riverside Avenue and would like to voice my strong recommendation in favor of the new ownership of Nesai and their proposed restaurant. The community is in need of a professionally managed facility and everyone will benefit. My family and I are looking forward to the restaurant along with others throughout the Heights. We strongly urge you to look into the operating group, I am familiar with the new operators and their current restaurants and I feel that it will be a welcomed and valuable addition to the area. It will be nice to have a high quality restaurant adjacent the neighborhood. If they choose to serve food past 11:00, they will do so with the understanding of their neighborhood and neighbors. My fellow neighbors and I are in FULL support! Thank you for your support. Sincerely, Sara D'Elia Chief Executive Officer The REMM Group 505 South Villa Real, Suite 201 Anaheim, CA 92807 P. 714.974.1010 x 2131 F. 714.974.2191 sdeliaCaIremmgroup.com I www.remmciroui).com � EMM Correspondence Item No. 2za 13URN5,MARLENE Nesai Restaurant PA2013 -203 From: Nova, Makana Sent: Friday, May 09, 2014 8:47 AM To: Burns, Marlene Subject: FW: please keep nesai location hours lights out at eleven pm Comments received for Item 2 on the May 8th Planning Commission agenda Mokow�R NavA I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Cpl new p o rtbea ch ca. g ov www new port be a chca go Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: vicki ronaldson f mailto:v.ronaldson(cbgmail.coml Sent: Thursday, May 08, 2014 4:44 PM To: Nova, Makana Subject: please keep nesai location hours lights out at eleven pm dear ms nova the heights is a great little neighborhood sitting above pch and many late night establishments. as there seems to be a transition with the properties on riverside, we respectfully request that whatever replaces nesai be held to historic 11 P curfew. thanks for considering our point of view. vicki and don ronaldson 506 san bernardino ave n b ca 92663 v«ii 949 - 933 -2332c 1 Correspondence Item No. 2zb SORNS,MARLENr- Nesai Restaurant From: Nova; Makana PA2 013 -2 0 3 Sent, Friday, May 09, 2014 8:48 AM To: Burns, Marlene Subject: FW: Jeff Hall - Newport Beach Project Comments received on Item 2 of the Planning Commission agenda Mot4oL4.l. Nava. I ASSISTANT PLANNER, AICP Planning Division I Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 1 F. 949.644.3203 m nova Col new oortbea chca. a ov www. new no rtbeach ca. a ov Important Announcement - We've Moved! - 100 Civic Center Drive, Newport Beach, CA 92660. From: James Gartner [mai Ito: iaCaliaartner.coml Sent: Thursday, May 08, 2014 3:57 PM To: Nova, Makana Subject: Jeff Hall - Newport Beach Project Dear Ms. Nova, My name is Jim Gartner and I am a long time resident of Santa Ana, a local Architect here for 27 years, and a Planning Commissioner for the past eight years. I have witnessed the City of Santa Ana come a long way since moving here in 1986. The downtown was not a place I would ever consider spending any time in until recently. Two of the pioneers that led the rejuvenation of Downtown Santa Ana are Jeff Hall and Jeff Jensen. Mr. Hall and Mr. Jensen took a big chance on locating in Santa Ana, as did the owner of the building they are in. They have two fantastic restaurants downtown that have become icons in our city. People from all over Orange County now rave about Downtown Santa Ana. This is something I thought would never happen in my lifetime. It is my understanding that Jeff and Jeff are proposing a new project in Newport Beach. I would urge your support of their venture. These two gentleman are pillars of the community and simply first class people. They will do what they say, and stand behind it all the way. I wish them the best of luck with their project. Best Regards, Jim Gartner James R. Gartner, AIA I president I James Gartner & Associates Architects, Inc. 2036 N. Broadway I Santa Ana I California 1 92706 p 714.560.9210 x 102 1 c 714.349.2050 1 www.igartner.com Timothy M. Davey 2907 Cliff Drive Newport Beach, CA 92663 949- 421 -5316 May 8, 2014 Newport Beach Planning Commission Chairman Hillgren 100 Civic Center Dr. Newport Beach, CA 92660 Dear Chairman Hillgren and Planning Commission Members, Correspondence Item No. 2zc Nesai Restaurant PA2013 -203 ,,S,oFIvea BI COMMUNITY MAY 0 9 2014 DEVELOPMENT VA Oh NEWPO?" My name is Tim Davey and I live at 2907 Cliff Drive, about 100 yards above Nesai Restaurant. I'm generally in support of Nesai as a business but I'm vehemently opposed to certain aspects of the proposed CUP. The largest issue is the extension of operating hours, particularly the weekend hours. This establishment will now attract a young crowd looking for the last bar open, and all that comes with that. The noise from the PCH establishments which close late (especially in the summer) is already ayreal nuisance, and this situation would be significantly worse. Riverside Avenue will undoubtedly be used for parking and we will have the late night stragglers hanging around the park area. In my view, this is simply an issue of compatible uses, and I don't believe this change will result in any such compatibility. Granting of this CUP will result in-diminution of our property values and our quality of life in general. I strongly urge you to vote against the CUP as drafted. Sincerely, Timothy M. Davey UIA -I IFF DR r Ar AL Adkk ATTACHMENT CC -20 NFSA RFSTAURANT 215 -217 RIVERSIDE STREET NEWPORT BEACH, CA 92663 II■1 1■1 3OJECT INFORMATION to I■I PROJECT DESCRIPTION SHEET INDEX Kv ❑■ VICINTY MAP 1' ,a 4 VMC ex�nn.elox. rvnen ne c oesreR �srxs w . vi. elll o r�nel• B. >er �a: xrs .ox .xse 2 r� Fm � wU a o� W jm a = Z8 W_ N2 } W (n U m O U W -0.1 VMC e a ann.alorp rvnenne 4 oesreR �saxs w e vi. neR en[n ellloren[le Beer �a: xrs .oq .qse 2 r� � wU a o� W _m ¢2 W_ N } (n W Z 0 O U -0.2 \ wu w>o s+av>u 9rl PL �� k'ySY (OTO aFM1N>919 p[f0 / gN.[.C✓>.W, dOIXIOH 395i r< / i (£6va <O 6.QjN0 �I `1 T rrm+M�i� I Sero< ne �xigord �S • /f, /mil ' '?y '.� ,. .. �z14, yi r aa. "• eAVOrV S7 ra< o aaa /SSac �, 4nNr>.a qn r nzwMllir<mea AGCeEU4 w» ^' / ,nH srnrr � •}:/?M1GC /N'F5V'e< i SW1'MYMMGpT /�>r .v• f0 }qi ,Yf [CYOWINH' w.lfl NO <• Mu.dipp Iefaup x <.eeiE<erre,axo. \ ''s� �4 � k LINO 7491E , . we +•eiy H {<rp' �AVO,V S/ rs <41'8 s. H Yv, i •.,v' w,aq' n4e [{ eu nn <Xq' /j qy'� TOPOG.QAPN/C MAP /x!GpefGO.Bt K✓sY [LU✓O SrOeYr<M {- �a:.[[c.auveJj{ C• AM2�N✓M4✓rW1TlEE>�(O %O >PAC>MJ >N2MNYb>PrYE �yr� I•r19 [flab. S904TiPIP <fNf /Ga fISN E'. eL•JA.V(uMMFE.rf,Y 1NAYTC >/CG UN6 /40fHYW aiY E<JIdd�Bg4C/ rnr'fl� VMC e a ann.alorp rvnenne 4 oesreR �saxs w e vi. neR en[n ellloren[le Beer �a: xrs .oq .qse 2 r� � wU a o� W _m ¢2 W_ N } (n W Z 0 O U -0.2 � Frlsnrvc FVUmNc AeFA0AL05. WT EFOOTAGE: 14.1918W/aEFEET A MUM FAR ryS %LOT AAEA)�I&<9] %US -OM SGIA^AE FEET WILDING AP FIRSTFLMAMESTAURl Z910M..FT. 8.05450. R. a SM SO. FT.. FAR - O \ \ \ \ \ \` ik- \ j SfTE PLAN N VMG 4]�nn 4oTO]4 Rvnen ne c oesleN xs]xs wm [. RI. Slsysn.on �R.n[n 1 elll nl. B.e. nI: xl s .o] .1 se z W� Q Hm � wU a o� w >m a =8 G z O I z 5 a W -1.0 VMG ax�nn eeloxe Rvnen ne c oesreR xsrxs w . vi. c l el.1 o- C r ni: xrs .ox .xse 2 r� Fm � wU a o� w >m a = Z8 W_ N� } f W a -2.0 MORN E1]STNL ROOF ENCLOSVRE 10 PRMOE i UN... v xE' -T ABOLS EXRRICR FIN'! SURFACE FOn Flynn D SRN1T/OISFdNCE RCOMNUKEN11 dR OmvEwnn __________� I MOCHEN Nncxm 1-"-j mdzx RITCNCN WALLLEGEND DEMOLITION PLAN e..r...eN VMG a F Cnn.L1M1. PL•nenne c oeslen 1s11s w l .. PI. Slsysn. on �R an[n C.Illor nl. BI>el nI: 11s .01 .1se z rag mw -. IN F yU fn ¢2 a 'Z1 W_ TM, 5 a Z O F J O G W 8 � -3.0 FIL--- I i! lil PdTO/DVIINC I RESTAVRdNI/gNINL ,j2r RESMIMNl/DmINC II J� RE9AVR.Ta I,TNC �ffV v_e_____________ PAPO/OMNO P4T0/IININC PAI10/UIFNL [ ISRnC PdTp FENCE Eb$T::G PA�C FENCE ) / / IO BE REYOILO i0 BE R[MO MOVED . PROPGSv'ui+E ENCE 10 DCyRMN.V �— SIDE." WALLLEGEND DEMOLITION PLAN e..r...eN VMG a F Cnn.L1M1. PL•nenne c oeslen 1s11s w l .. PI. Slsysn. on �R an[n C.Illor nl. BI>el nI: 11s .01 .1se z rag mw -. IN F yU fn ¢2 a 'Z1 W_ TM, 5 a Z O F J O G W 8 � -3.0 I MWIFY USTING ROOF ENCLOGERE TO PROM \, /� /� U puUU S -0' NDGNI POb.E E"'EN"R FlM51 EUNIACE 1. RLWIRED $ILNi/OISTANCE WS, V � V F 0 II 11 B[ 1 U f W AT DRIVEWAY. AIANINNC c oesleN 1 arBS Wul e [e PI. SlsysneonR an[n Ce, 1 role pl;E1 (ERCNE. .STNG) 7 or'�' LOVFR VENT' (EYJSTIIL) EW S %S %L' NEW NIiC1611 ACC£$s M ^T WA 91 INEW KIICNEN ACCESS BOORS E E--` / \ NEW ADA RESEROOIIS Muls 7 I-1� y A C���L 4 mw a ¢ t BRING 0 NCORE FW OWL < Wm D' ❑ ❑ 08� ,(� / O JtG a DING �O \ xFw SERUKE BAR LLZ M(14it, `MEw %R SPIKE WdLL ° I W C1 CODUUxA 9NN5 NCw PAT. ODORS c^ ° u • e ENTRY` / G = e OUTDOOR pIWG ENCLOSURE OUTDOOR 02IMO ENCLOSURE ' 1 ` ❑ O OUTDOOR pMNL ENCLOSURE / lll2 ❑ [xlRx ` O ❑ ° OO �/� i0 NCVUCENOSIINC Ulm, m / mm elEWIN s a50Lc • � rt � � _ _ _ _ _ _ � RN&mML{LnoN AT Ewi pP.m _ _ GRWCRfv UNf jI _ _ _ _ _ NEW PrAOC Fil, I �p_p Ux ¢x I NEW pan0 FExCE NEW RATIO FO:M EQ REPLAC[ [MISN[c / i0 REPLAp' [ %I AS 0 PmEAC[R EL'E.NG J PROPERTY NNE ' MiIN N[W TREWS ABEK J NIM NEW ERCLUS ApOVEJ f %I$IING SIBEWPLK Z m OMITS C 5 A90VE FIRE RATED RNCf/XNL or RAA�iLRON Al En' PRIM C%ISPIO SIDEWALK EL EL K O WALL LEGEND SEAT COUNT R LL GROUND FLOOR PLAN N A -4.0 .Im m m � o.[. III � a �e.� `; Ea ` a�M� o Ot PROPOSED AVON STREET. - SOUTH ELEVATION � vew'.��smoiO PROPOSED RIVERSIDE DRIVE. - EAST ELEVATION FNl FNII Nesal Restaurant EXISTING SIGN TO REMAIN ELEVATION DETAIL SECTION VMC e x �nn.elox. rvnenne c oesreR �srxs w n . vi. �R.n[n elllor�nel• B. >er a: xrs .ox .x.. 2 r� ujFm � wU a o� W jm =a c Z O 0 Z O r w w W IC O fL X w -5.0 I I SLIXUGE 2660 AWNSINEET MWINSTC0 P IM E=l L 2 9 EMIST DEBT IXIST -- — • - - - - — —•—.------- I\PFOrER,,7uNEc4].6V- - - - - -- — - —• — RIVERSIDE DRIVE PLAN N iI s to It Z 0 a NWPEPtt IWE -x 1W 5fgNGE 1 15f EASL�F 6 9 NEW NEW N W IS Ix R . NEW I NEW 1 2 2 D., IX6c WST - - - —• —•— PNOPEi1TNNE cIYA[O N— — — — — — — — — — — — RIVERSIDE DRIVE PLAN c VMC o x chltoctuce I n NNING 4 DESIGN Isns w :iiio�.c.'i. •e Tee+ Z W� Fm 7 H. Q os f~A a W m Q ¢r 00 fA 3 W N G Z Z Q J a 0 Z Y Q W W F N LL -1.1 26641AV NSMEEi Iy�j &11LDINGFWIPWM $ F N � O a z 6 9 NEW NEW N W IS Ix R . NEW I NEW 1 2 2 D., IX6c WST - - - —• —•— PNOPEi1TNNE cIYA[O N— — — — — — — — — — — — RIVERSIDE DRIVE PLAN c VMC o x chltoctuce I n NNING 4 DESIGN Isns w :iiio�.c.'i. •e Tee+ Z W� Fm 7 H. Q os f~A a W m Q ¢r 00 fA 3 W N G Z Z Q J a 0 Z Y Q W W F N LL -1.1 CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, June 24, 2014, at 7:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Nesai Restaurant - Appeal of the Planning Commission's approval of a Conditional Use Permit (CUP) to allow the remodeling and expansion of an existing restaurant operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license. The application includes a new outdoor dining patio, late hours of operation (after 11:00 p.m.), and a partial waiver of required parking with the approval of a parking management program authorizing off -site parking, employee use of the Avon municipal parking lot, and valet parking. Due to the request for late hours of operation, approval of an Operator's License issued by the Newport Beach Police Department is also required. The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the Community Development Department Permit Center (Bay C -1st Floor), at 100 Civic Center Drive, Newport Beach, California, CA 92660 or at the City of Newport Beach website at www. newportbeachca .gov /planningcommission. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova @newportbeachca.gov. NOTICE OF POLICE DEPARTMENT DECISION NOTICE IS HEREBY FURTHER GIVEN that pending approval of the Conditional Use Permit No. UP2013 -021 mentioned above, an operator license application is scheduled for review by the Chief of Police of the City of Newport Beach on or after Friday, June 30, 2014. The Chief of Police will consider the following application: Nesai Operator License- An operator license to allow 217 Riverside Avenue Merchants to operate an eating and drinking establishment (restaurant) with late hours and a Type 47 (beer, wine, distilled spirits) Alcoholic Beverage Control (ABC) license. All interested parties may submit written comments regarding the requested operator license to Detective John Thulin at 870 Newport Center Drive, Newport Beach, California, 92660. Comments will be accepted through Tuesday, June 24, 2014. If Conditional Use Permit No. UP2013 -021 is not approved by the City Council, no action on Operator License No. OL2013 -004 will be taken. For questions regarding details of the operator license please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova @newportbeachca.gov. The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Project File No.: PA2013 -203 Zone: CG (Commercial General) Activity No.: UP2013 -021 and OL2013 -004 General Plan: CG (General Commercial) Location: 215 Riverside Avenue Applicant: 217 Riverside Ave Merchants Moti � l 3 �4 , Leilani I. Brown, City Clerk City of Newport Beach Cq�IFpF.��A Clint and Marcelle Hufford 9779 La Arena Circle Fountain Valley, CA 92708 Clint and Marce ufford 9779 La Are ircle Fountai alley, CA 92708 217 Riverside Ave Merchants Attn: Jeff Hall 215 Riverside Avenue #17 Newport Beach, CA 92663 217 Riverside Ave M5�x pants Attn: Jeff Hall s 215 Riversi Avenue #17 New p� each, CA 92663 ttiquettes faclles a peter - Repliez a la hachure afin de Utilisez le abarit AVERY ®5160® Sens de reveler le rebord Po -u T"� ' 9 j chargement p p j WL o � -'?, PA2013 -203 for UP2013 -021 OL2013 -004 215 Riverside Avenue LABELS PREPPED 10/04/13 CD -2 # OF LABELS - www.averycom 1- 800 -GO -AVERY 1 Ze Avery Template 9160 ® /8160Tm +5'69 9/25/2013, 300',OWNERSHIP LISTING (excluding abutting right -of -ways) PREPARED FOR: 01449- 103 -17 217 RIVERSIDE MERCHANTS 215 -217 RIVERSIDE AVE NEWPORT BEACH CA 92708 049- 0 -01 049 - 103 -05 049 - 103 -07 CITY O EWPORT BEACH 3300 NEW RT BLVD NEWPORT B CH CA 92663 049 - 073 -09 DONALD AYRES 2800 CLIFF DR NEWPORT BEACH CA 92663 049 - 102 -10 WILLIAM SMITH 2918 CLIFF DR NEWPORT BEACH CA 92663 049 - 102 -16 CASSIDY J BRENNAN 2920 CLIFF DR NEWPORT BEACH CA 92663 049- 103 -18 HAROLD & SHARON WOODS 2919 CLIFF DR NEWPORT BEACH CA 92663 049- 103 -21 JOHN R STAUB 2911 CLIFF DR NEWPORT BEACH CA 92663 049 - 110 -21 ROBERT BRANDY 1 113 PINE ISLAND CT LAS VEGAS NV 89134 049 - 121 -18 WATERFRONT NEWPORT BEACH LLC 2895 ROYSTON PL BEVERLY HILLS CA 90210 s wvnu awely lino w Feed Paper - expose Pop -up Edgevm 049 - 073 -07 WILLIAM SCHOBERT 2808 CLIFF DR NEWPORT BEACH CA 92663 049 - 102 -07 K L MEYERS 27991 MILT CIR LAGUNA NIGUEL CA 92677 049 - 102 -14 DONALD L WILLIAMS 2936 CLIFF DR NEWPORT BEACH CA 92663 049 - 102 -17 BRUCE CHOATE 59 CAPE ANDOVER NEWPORT BEACH CA 92660 049 - 103 -19 ERNEST V CASTRO 3500 W LAKE CENTER DR B SANTA ANA CA 92704 049 - 110 -17 049 - 110 -30 MARINERS CENTER M2 LLC 660 NEWPORT CENTER DR 200 NEWPORT BEACH CA 92660 049 - 110 -31 2008 MINOR PO BOX 490 SAN JACINTO CA 92581 049 - 121 -24 MARINERS MILE CO 424 E 16TH ST COSTA MESA CA 92627 US AVERY® 6240TM� 049- 073 -08 SCOTT S POLLARD 4041 MACARTHUR BLVD 140 NEWPORT BEACH CA 92660 049 - 102 -08 SIMON & GAIL BABAZADEH 2928 CLIFF DR NEWPORT BEACH CA 92663 049 - 102 -15 GARY & CHERYL UECKER 2940 CLIFF DR NEWPORT BEACH CA 92663 049 - 103 -17 CLINTON HUFFORD 9779 LA ARENA CIR FOUNTAIN VALLEY CA 92708 049 - 103 -20 TIMOTHY M DAVEY 2907 CLIFF DR NEWPORT BEACH CA 92663 049 - 110 -19 W B TWO PROPERTIES 31752 COAST HWY 200 LAGUNA BEACH CA 92651 049 - 110 -32 MINOR FAMILY PTSHP PO BOX 490 SAN JACINTO CA 92581 049 - 122 -03 DONNA M CARPENTER - 1606 HIGHLAND DR NEWPORT BEACH CA 92660 #7quettes faCfles h paler ; ® Replier a la hachure afin de www.avery.com ns do Utiliser le gabarit AVERY® 5160®/8160'" I char w gement' reveler le rebord Pop -uo, 1- 800 -GO -AVERY i 1 ...w..' . �,,... , was awuy une w I Use Avery(' Template 5160®%8160`rm . Feed Paper ® expose Pop -up EdgeTm J1 UAVEIRY� 6240TM ,�^'"" I 049 - 122 -04 049 - 122 -05 049 - 122 -06 MARINERS VILLAGE INVESTMENTS EARLS PARTNERS LLC JERRY WYNN LLC 2801 W COAST HWY 270 11900 W OLYMPIC BLVD 100 2610 AVON ST NEWPORT BEACH CA 92663 LOS ANGELES CA 90064 NEWPORT BEACH CA 92663 049 - 122 -12 049 - 122 -13 049 - 122 -14 MARILYN D RIDDLE BORDIER 2010 CRAIG & MONIQUE GREGORY 227 OCEAN VIEW AVE 229 OCEAN VIEW AVE 233 OCEAN VIEW AVE NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 049 - 122 -15 049 - 122 -16 049- 122 -22 ROBERT J HERBERT DALE T FALASCO TIM MOULTRUP 15363 PAUMA VALLEY DR 243 OCEAN VIEW AVE 21055 CARLOS RD PAUMA VALLEY CA 92061 NEWPORT BEACH CA 92663 YORBA LINDA CA 92887 049 - 122 -25 049 - 122 -29 049 - 122 -30 049 - 122 -26 • 049 - 122 -34 BYRON K CHAMBERLAIN TOBIN L & HEATHER BOGARD HOWARD C MARTIN 206 RIVERSIDE AVE 225 OCEAN VIEW AVE 215 OCEAN VIEW AVE NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 049 - 122 -35 049 - 123 -02 049- 123 -06 REAL ESTATE PORTFOLIO MGMT SCHMIDT FAMILY TRUST ROBERT A CLARKE LLC 240 OCEAN VIEW AVE PO BOX 3444 PO BOX 1777 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92659 NEWPORT BEACH CA 92659 049 - 123 -07 049- 123 -08' 049 - 123 -09 SELIM M & OZLEM INEL RANDY D & AMY GAGNIER PAUL TAMBORRINO 211 CANAL ST 207 TUSTIN AVE 225 TUSTIN AVE NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 049- 123 -10 049 - 123 -11 049 - 123 -12 THOMAS & MELISSA RUIZ M & GEORGIA HANCK MICHAEL J SULLIVAN 219 TUSTIN AVE 230 OCEAN VIEW AVE 228 OCEAN VIEW AVE NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 Eric Beneker EB Design - 217 Riverside Ave Merchants NEWPORT HEIGHTS IMPROVEMENT 7705 Alondra Attn: Jeff Hall ASSOCIATION Paramount CA 90723 215 Riverside Avenue #17 Attn: DON KROTEE 2916 CLAY ST Newport Beach, CA 92663 NEWPORT BEACH,CA 92663 MARINERS MILE BUSINESS OWNERS ASSOC. Attn: NED MCCUNE 424 E. 16TH ST COSTA MESA,CA 92627 d tiiquettes faciles h peler ; A Repliez a la hachure a6n de ; www.avery.com ; de Utilisez le abarit AVERY® 5160 ®/8160"" Sens ne reveler le rebord Po -u Pc 1- 800 -GO -AVERY ° 9 • J ehargement P P S j CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, June 24, 2014, at 7:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Nesai Restaurant - Appeal of the Planning Commission's approval of a Conditional Use Permit (CUP) to allow the remodeling and expansion of an existing restaurant operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license. The application includes a new outdoor dining patio, late hours of operation (after 11:00 p.m.), and a partial waiver of required parking with the approval of a parking management program authorizing off -site parking, employee use of the Avon municipal parking lot, and valet parking. Due to the request for late hours of operation, approval of an Operator's License issued by the Newport Beach Police Department is also required. The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the Community Development Department Permit Center (Bay C -1 st Floor), at 100 Civic Center Drive, Newport Beach, California, CA 92660 or at the City of Newport Beach website at www. newportbeachca .gov /planningcommission. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova@newportbeachca.gov. NOTICE OF POLICE DEPARTMENT DECISION NOTICE IS HEREBY FURTHER GIVEN that pending approval of the Conditional Use Permit No. UP2013 -021 mentioned above, an operator license application is scheduled for review by the Chief of Police of the City of Newport Beach on or after Friday, June 30, 2014. The Chief of Police will consider the following application: Nesai Operator License- An operator license to allow 217 Riverside Avenue Merchants to operate an eating and drinking establishment (restaurant) with late hours and a Type 47 (beer, wine, distilled spirits) Alcoholic Beverage Control (ABC) license. All interested parties may submit written comments regarding the requested operator license to Detective John Thulin at 870 Newport Center Drive, Newport Beach, California, 92660. Comments will be accepted through Tuesday, June 24, 2014. If Conditional Use Permit No. UP2013 -021 is not approved by the City Council, no action on Operator License No. OL2013 -004 will be taken. For questions regarding details of the operator license please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova @newportbeachca.gov. The project is categorically exempt under Section 15301, of the State CEQA (California Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). Project File No.: PA2013 -203 Zone: CG (Commercial General) Location: 215 Riverside Avenue Activity No.: UP2013 -021 and OL2013 -004 General Plan: CG (General Commercial) Applicant: 217 Riverside Ave Merchants ���PORT 0 e 2 Leilani I. Brown, City Clerk City of Newport Beach CITY CLERK'S OFFICE AFFIDAVIT OF POSTING On &fyp V3 , 2014, 1 posted 2 Site Notices of the Notice of Public Hearing and Notice of Police Department Decision regarding: Nesai Restaurant — Nesai Operator License (PA2013 -203) Location(s) Posted: "-15 Ave. Date of City Council Public Hearing: June 24, 2014 Date of Chief of Police Department's Schedule Review: On or after Friday, June 30, 2014 Signature Print Name, Title Sold To: City Of Newport -City Clerk's Office (Key) - C000064829 PO Box 1768 Newport Beach,CA 92658 Bill To: City Of Newport -City Clerk's Office (Key) - C000064829 PO Box 1768 Newport Beach,CA 92658 CITY OF MEWMi BEACH NOTICE M HEREBY GIVEN ihaten Tuesday, Jayne 14, 2014, at 7,00 p.m w man ti 3raa iar asthxrattar shat be head, 2pubktaAngwill be conFiaded lrztatca tiarnbesat itCssc tantiv t4nw hewp a8each,tieCiroianraofdt ayofitetiwpw Nasal Restaurant- Appalaftlie gnning.C-aunipait`sapgstr e a Cff4mztW titaPam»te {td )teabgrt3eranmdelhs eiad evoie oidnf istingremontotrzp "As:Withatyped1(G. -- ae#i txraai ki ' Cse "TapComrolikeme: n.-w a tdaifarsgPaIm. lain tors of*VaUM Id* t1MAPt.),Wda tows af atria r4.� appMut oev Cipertava Haase dssuadby d-a tfiatM'ann ? arf}Pa'€[ fteparvne€r[is Asa regtnred. The peen en is 65Att, e =`the State Cwtk6A i(al tden aEa atro n et raignai t1 AatGusd >_h s -Cass t Kxisnq Facktiesj: Miatoe ttelparhesntayappeazarrspCas r2teslamagtotegarztoINS voucailml. Kyw ttsadenggttris p =otediii caurtrycu may be Gib to teoing oft lgthe9Sweet ra€ zedar #,eIt ab It, treanalothiwurtan ttrrtaa nt�nncedeiitiecesMMe £11y,AaPorta, the p=lakhea€tig. A, dmirasratt e pret k� nataInraPRah are PtoV dadii,tbeN,Mvput €teatt vurit at£ada:�pterza,6i: Theapphtaltantr gl sra€p€ruad (rsa spectfie iutaaaraeetit� date and i6ststit pn att?waottesESadeitttanat ¢3klitnatitaoft#tacaz intraataHiltr, Ete�eq:P:i "toit looks i�aediw� iiceagrada, slatirtpari.aad eannrs�nay6e raa,ewecf a €the Carretata�hyEti+patnnt f3tpartrsaaf. PaeasitCantat (Eay C =tsra€pvri.at }6£r £aric<aratar�:v�r`�saport 3a�dr: Ca0fdrraa,£k SiT�I st at ipe «rzyr v'hlaemtat 9eata ;tielatth_.sl vrraws tndivelvaltMeVeIt attend the greeting may Mmaet the P£sneang 0mliPo s or Ann the Csty`± wevmtaaterv�maefingtoreadt atttaisatrthe €apphatrm. For question rataritngthispublisbeatingstem as cwrractMa$wa MM oiefie? :_eoft€te OFF at uitintReach0nsafteaFriday.June 30.2014.Tha£ el'of Evil =tza adar &hetaltta nJappficattow, Nasal Operator License, ?vd ciioratm €uensetia attevr217 #tries%Avenue Marthanm to operate an eating and drintatg W.IlAhbutent iWitawant`s vFh Lite Beuras and a Type 47 beer, VOPF- Ostilt€d tinots) AkOakBeverage dal WC) )ke . A F inutinted p,ary aetagtuturit5i7itientorniaaratsrrSatTsgtttoregnagedapernae thteup to Dam m akhn T:titsat8Xliwgw (entea pride, Plfwport. 6aatle.<adTera�: g2L1. Caramesstil ieacteptad thrna€j#9 Tuetday� Iiineai Tflt{ tfComy*aaaatliftFeuiwtft UP2013- 911%mtappravedtry the (rig` CaunW,noAb nmOpetaiarMettaallo .0t.2011-0£W+vObetaker,Fat goetwnsnuv &gdenAtdtl*npatatothtentapiene tau Milom Nova, Atszxw Planter. at{ 644- 3249, resrrava�pt�rrparztaatia ®.fit.. The pn? t hcangwdeally Wenipt aar&r Satyr? 1530l'of to State MA £(atiftnia FutirarsnsarnaiQuality AU1GWdeMes -bass t 1Etielm Tacrho"). Project File No- PA201,1.203 Activity No.. 02013 -021 and i}k M3-W Zones CG ttnritmmiel Generail General Plant (CrCGew6l(orc wd4 Location- 215r2ly McAneuue Applicant. 217 fbwmideAvf Mwhams ) tdatu {. smwn, tdy auk £ity ol4{ewpan heck June i4,2014 itE viti t 18 mil • 5 7 I 2440711- Daily Pilot Los Andes It E D I A G PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook i i � .3z s _ I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Daily Pilot, which was adjudged a newspaper of general circulation on January 14, 1938 and February 6, 1958 and June 19, 1952, Cases A6214 and A24831 for the City of Costa Mesa, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Jun 14, 2014 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this r �) day of J . 4—� 20 JI L41 . [signature] 435 N. Michigan Ave. Chicago, IL 60611 2440711- Daily Pilot