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HomeMy WebLinkAbout20140709_Incomplete LetterF:\Users\PLN\Shared\PA's\PAs - 2014\PA2014-112\PA2014-112_Incomplete Letter.docx Tmplt. 02/09/11 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 Fax: (949) 644-3229 www.newportbeachca.gov NOTICE OF INCOMPLETE FILING July 9, 2014 Charles Van Cleve 120 Tustin Avenue, Suite C Newport Beach, CA 92663 Application No. Staff Approval No. SA2014-015 (PA2014-112) Address 2801 W. Coast Highway Please be advised that after reviewing the subject application, your submittal has been deemed incomplete and further information is required before we are able to proceed with the application process. The following documentation is required to complete the application: 1. Property Ownership. The authorized signature for a company is usually the "Managing Member." a. Please provide a copy of the "Operating Agreement" to confirm who has the authority to sign on behalf of GP’s Landing, LLC (there may be more than one signature required per the operating agreement). 2. Title Report. Please provide one (1) copy of a Preliminary Title Report not more than six (6) months old from the date the application will be submitted that identifies the legal description of property. 3. Project Description and Supporting Documentation. a. Please provide a written narrative project description and justification that describes the scope of work, the goals of the floor area swap, and how the project will be consistent with the original discretionary approvals for the 2801 West Coast Highway. b. Identify if the outdoor dining patio will have any new structures or patio covers. Please note that Outdoor Dining Permit No. OD68 has conditions of approval that limit coverings over the outdoor dining patio to umbrellas or retractable awnings with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers is prohibited. 4. Project Plans. Please provide one 24 inch by 36 inch set and four reduced 11 inch by 17 inch set of revised plans, which include the following information: «HearingDATE» F:\Users\PLN\Shared\PA's\PAs - 2014\PA2014-112\PA2014-112_Incomplete Letter.docx Page 2 a. Site Plan. i. Dimension the waterside property line on the site plan and identify the required 10-foot bulkhead setback. The existing structure is nonconforming to this required setback. ii. Please indicate the location of the existing 6-foot pedestrian easement on the site plan. Show the limits of the easement with a dashed line. Refer to the attached easement document. iii. The plans prepared by SMS show a swap of 818 square feet. However, the plans prepared by John Morgan show that only 752 square feet is being removed from the third floor level. Please coordinate this inconsistency so that both sets of plans are consistent. b. Parking i. The parking information provided currently references a different project (2601 rather than 2801 West Coast Highway). Provide parking calculations for the subject property. Refer to the attached parking table and prior staff report, attached, to assist with these calculations. ii. Describe how the number of parking stalls provided on-site will change with the enclosure of floor area at the first floor. Provide existing and proposed on-site parking calculations. Four to five spaces have been removed where the new floor area is proposed at the first floor level. Please include this information in the parking calculations. iii. As currently proposed, the reduction of the third floor area by 818 square feet only accounts for the reduction in the overall parking count by three spaces. However, the project plans show the removal of four parking spaces. Please provide one additional parking space to address this difference so that the parking requirement is met. iv. Provide a net floor area calculation for the office uses to confirm the new parking requirement. v. The existing floor area calculations are inconsistent with the last discretionary approval for the Charthouse, Operator License No. 68 (22,400 sq ft total building area and 16,312 sq ft office). Please review the attached square footage calculations and confirm the accuracy of the proposed project plans. vi. Please describe any existing off-site parking agreements and provide copies of any active off-site parking agreements for the restaurant use associated with the outdoor dining patio. 50 parking spaces are required in the evenings after 5:00 p.m.at 2700 West Coast Highway and 24 parking spaces are required at 2620 Avon Street. c. Floor Plan: i. Clarify where gross floor area is being removed and added to the building. Shade or hatch these areas if necessary. Provide exterior dimensions and floor area calculations of these changes. ii. Were the window areas adjusted at the front? I did not see this change specifically identified on the plans. Some clarification of these changes would be helpful. «HearingDATE» F:\Users\PLN\Shared\PA's\PAs - 2014\PA2014-112\PA2014-112_Incomplete Letter.docx Page 3 iii. Dimension and identify the net public area on the floor plans to verify the floor area calculations are consistent with the discretionary approvals on file. iv. Provide a dimensioned plan for the outdoor dining patio on the project plans to verify the patio is consistent with Outdoor Dining Permit No. OD68. Provide outdoor patio calculations on the plans. v. Provide occupancy calculations for the new restaurant. vi. The third floor plan shows only the windows being removed from the exterior façade. All vertical supports should be removed to the minimum required to support the roof above. As shown, the third floor patio is not considered fully open on any side of the space. Revise the third floor plans and exterior elevations accordingly. 5. Electronic Copy. All of the application items are required to be submitted in electronic format (i.e., USB flash drive or CD-ROM) as determined by the Planning Department prior to application submittal. Upon verification of completion, the application will be processed and scheduled for a Zoning Administrator Hearing. Should you have any questions regarding submittal requirements, please contact Makana Nova, Assistant Planner at (949) 644-3249, mnova@newportbeachca.gov. By: Attachments: Easement Staff Report for Outdoor Dining Permit No. OD68 c: GP’s Landing, LLC Attn: Gary Primm 2801 W. Coast Highway, 270 Newport Beach, CA 92663 -' I ~""'PO~ CITY OF NEl'vPORT BEACH ___ -, \i ____ ~~-~~ Hearirlg Date: November 9,2000 ~'lf[ff,~~ PLANNING DEPARTMENT h,~_ )£11 3300 NEWPORT BOVLEVARD Agenda Item No.: 2 '\::,;,;;;';" NEWPORT BEACH, CA 92658 Staff Person: Eugenia Garcia 644-3208 (714) 644-3200; FAX (714) 644-3250 Appeal Period: PROJECT: PURPOSE OF APPLICATION: ACTION: LEGAL DESCRIPTION: ZONE: OWNER: REPORT TO THE PLANNING COMMISSION Billy's At The Beach, The Chart House 2751 and 2801 West Coast Hwy. (Gordon Barienbrock, applicant) Request to add accessory outdoor dining to two existing full service restaurants, a 768 sq. ft. outdoor dining area for the existing Chart House Restaurant and a 515 sq. ft. outdoor dining area with a 220 square foot service area, for the existing Billy's At The Beach restaurant. A use permit is required for Billy's At The Beach because the proposed area of the outdoor dining area will exceed the permitted 25% of the net public area of the interior of the restaurant. The proposal includes a request to approve an off-site parking agreement for additional required parking spaces for the dining area and for the elimination of on-site parking spaces and relocation to the off-site lot. Approve, modify or deny: • Use Permit No. 3674 (Amended) • Outdoor Dining Permit No. 67 • Outdoor Dining Permit No. 68 • Off-Site Parking Agreement A portion of Lot H, Tract 919 SP-5, Mariner's Mile Specific Area Plan No.5 Gordon Barienbrock, Newport Beach Points and Authority • Conformance with the General Plan and Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational Marine Commercial" uses. A restaurant is a permitted use within this designation. The proposal is consistent with the Land Use Element and Local Coastal Plan policies and guidelines. • Environmental Compliance (CalifomiaEnvironmental Quality Act) It has been determined that the project is categorically exempt under Class 1 (Existing Facilities). 14 days • Use Permit procedures are set forth in Chapter 20.91 of the Municipal Code. Accessory Outdoor Dining Permit procedures are set forth in Chapter 20.82. Off-Site Parking procedures are set forth in Chapter 20.66.080. • Coastal Zone Compliance The project is located in the Coastal Zone and Coastal Commission approval will be required. Use Pennit No. 3674; 00 67 & 68 November 9,2000 Page 2 Project Description The proposed project is to add outdoor dining area to two adjacent restaurants, Billy's At The Beach, and the Chart House, located in the Mariners Miles Specific Plan on the water side of West Coast Highway. To the east of Billy' s is the Rusty Pelican Restaurant and to the west of the Chart House is the Pacific Marina office building. Both restaurants require the approval of an accessory outdoor dining permit, and a use permit is required for Billy's At the Beach because the outdoor dining area will exceed the allowable 25% of the interior net public area of the restaurant. The proposal will include the reconfiguring of existing on-site parking and the use of an existing off-site lot located at 2700 West Coast Highway under a previously approved off-site parking agreement and an additional lot located at 2620 Avon Street, for which an off-site parking agreement is required. The two restaurant properties and the A von Street parking lot are under the same ownership and the West Coast Highway parking lot is leased to the applicant for nighttime use. No physical changes are to occur within the interior of the restaurants and the hours of operation will remain the same. Billy's At The Beach, located at 2751 West Coast Highway, is within an existing two-story commercial building, with the restaurant located on the ground floor and offices on the second floor. The existing restaurant contains approximately 3,437 square feet of gross floor area and the office portion of the building occupies 3,444 square feet. Billy's is a full service restaurant with on- sale alcoholic beverages, live entertainment and valet parking. The restaurant is open from 11 :00 a.m. to 2:00 a.m. daily. The Chart House, located on the lot next door at 2801 West Coast Highway, is within a 22,400 square foot, three-story commercial building with the restaurant occupying the ground floor and daytime office uses occupying the upper floors. The restaurant is approximately 6,088 gross square feet and the office portion of the building occupies approximately 16,312 square feet. The restaurant is a full service facility with on-sale alcoholic beverages and valet parking. The restaurant is open from 5:00 p.m. to 2:00 a.m. Monday through Saturday, Sunday brunch, and private parties on Saturdays and recognized holidays. Both restaurants utilize a shared parking arrangement between the daytime office uses and the nighttime restaurant uses, as well as the off-site lot at 2700 West Coast Highway. Background 2801 West Coast Highway-The Chart House On March 8,1982, the City Council approved Use Permit No. 2051 to construct the office building and restaurant (the Chart House) at 2801 West Coast Highway which exceeds the basic height limit of 26 feet in the 26/35 Foot Height Limitation District and exceeds the permitted .5 times the buildable area of the site. A modification was approved to allow the use of compact car spaces for a portion of the required off-street parking and to allow proposed parking spaces to encroach into the required front setback area. Valet service for the restaurant use, approval of an off-site parking agreement for a portion of the required parking, acceptance of an environmental document, and a Traffic Study were approved. Use Pennit No. 3674; OD 67 & 68 November 9, 2000 Page 4 On September 4, 1986, the Planning Commission approved an amendment to Use Permit No. 2051 allowing the Chart House restaurant to open for Sunday brunch and for private parties on Saturdays and recognized holidays. An amendment to the previous off-site parking agreement was also approved. 2751 West Coast Highway-BilIy'sAt The Beach On January 5, 1989, the Planning Commission approved Use Permit No. 3328 which permitted the establishment of a restaurant facility with on-sale alcoholic beverages and live entertainment on the ground floor portion of the commercial building. The approval included the use of a full time valet parking service in conjunction with the restaurant, the approval of an off-site parking agreement which allows a portion of the required nighttime parking to be located in an off-site location, at 2700 West Coast Highway, and the approval of a Traffic Study. At its meeting of March 13, 1989, the City Council approved the off-site parking agreement for the restaurant. On June 8, 1995, the Planning Commission approved an amendment to Use Permit No. 3328 to change the opening hour of operation of the restaurant to 11 :00 a.m. daily for lunch, instead of 5:00 p.m. At the time of approval, there were 9 excess parking spaces and the midweek daytime lunch operation required 43 parking spaces. The approval included a waiver of 34 of the required daytime parking spaces. A copy of the minutes from the Planning Commission meeting are attached. Conformance with the General Plan and The 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 "Recreational and Marine Commercial" uses. The existing restaurants are a permitted use within this designation. The General Plan also allows a variable Floor Area Ratio of 0.5/0.75 for the subject property which allows a Base Development Allocation of 0.5 FAR. The existing development on the office/restaurant sites are in compliance with the Floor Area Ratio provisions of the Zoning Code and the Land Use Element of the General Plan. In accordance with the provisions of the California Coastal Act, the subject project also requires the approval of a Coastal Permit. Analysis The outdoor dining areas for the restaurants will be located adjacent to each other at the common property line, in an area between the two restaurants on the ground floor (see photo, page 6). The design will include a six foot glass wind and noise barrier on both the harbor side and the street side of the patio and will also include a stationary 36 inch wall to separate the areas of the patio designated for each restaurant. The areas will have a common partition wall but will operate Use Pennit No. 3674; 00 67 & 68 November 9, 2000 Page 5 independently of each other with separate access to each. Both restaurants will retain their current themes with full menu service available at all times. Billy's At The Beach is proposing a 515 square foot outdoor dining area with a 220 square foot service area, to be accessed from the interior of the restaurant. The total gross square footage of the restaurant is 6,881 square feet with a net public area of 1,691 square feet. The Code permits the area of the outdoor dining for a restaurant up to 25% of the interior net public area of the restaurant without the requirement for additional parking. In this case, 25% equates to approximately 423 square feet. The proposal is 92 square feet more than is permitted and will require additional parking. The owner proposes to open the outdoor dining utilizing the restaurant's existing hours of operation. The Chart House is proposing 768 square feet of outdoor dining area that is not accessed through the interior of the restaurant but is separated from the main building by a stairway and corridor that provides public access to the bay. The site's development will continue to provide the access to the bay in this location with a 10 foot wide walkway. The restaurant is 6,088 square feet and the net public area of the restaurant is 3,190 square feet. The permitted 25% of the interior net public area of the restaurant is approximately 798 square feet. The plans indicate that the outdoor dining area for the Chart House is proposed at 768 square feet which is below the allowable 25%. Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 6 Project Characteristics Billy's At The Beach Chart House Live Entertainment: Yes No Dancing: No No Valet Parking Service: Yes (full time) Yes (full time) Number of Employees: 20 to 25 employees 20 to 25 employees Hours of Operation 11 :00 a.m. to 2:00 a.m. daily 5:00 p.m. to 2:00 a.m., Mon.· Thur. Sunday brunch, private parties and recognized holidays Staff Recommendation for 11:00 a.m. to 10:00 p.m. Outdoor Dining Areas Sun.-Thurs. 5:00 p.m. to 10:00 p.m. 11:00 a.m. to 12:00 midnight Mon.-Thurs., private parties Fri. & Sat. and recognized holidays 5:00 p.m. to 12:00 midnight Fri. & Sat., private parties and recognized holidays 10:00 a.m. to 10:00 p.m. Sunday brunch and diuner Restaurant Area Gross 3,437 sq. ft. 3,437 sq. ft. Net Public Area 1,691 sq. ft. 3,190 sq. ft. Permitted 25% Outdoor Dining 423 sq. ft. 797 sq. f.t Proposed Outdoor Dining Area 515 sq. ft. 768 sq. ft. Accessory Outdoor Dining Section 20.82.050 of the Newport Beach Municipal Code provides that the Planning Director may approve an application to add or expand outdoor dining to an existing Eating and Drinking Establishment provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the establishment, or 1000 square feet, whichever is less, and is accessory to any indoor dining. In approving an application for accessory outdoor dining, the Planning Director must make the following findings: I. That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. Use Permit No. 3674; 00 67 & 68 November 9, 2000 Page 7 The outdoor dining areas for Billy's At The Beach and the Chart House Restaurant are located in an area between the two restaurants with no separate kitchens or cooking areas. Therefore, the outdoor dining areas are accessory to the principle restaurant use. 2. The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. Restrictions on the use of outdoor-amplified sound and patio speakers and compliance with the provisions of the Municipal Code, Community Noise Ordinance, and Acoustical Study recommendations, should limit potential noise impacts on the neighboring commercial businesses and residential uses. Additionally, the limited hours of the outdoor dining areas (further discussed in this report) should prevent noise from adversely impacting the residential uses in the neighborhood. 3. That the proposed accessory outdoor dining will not be located so as to result in a reduction of existingparking spaces. The outdoor dining expansion will result in a reduction of on-site parking spaces, but the spaces will be replaced in an off-site lot, with the approval of an off-site parking agreement. Bayfront Restaurant Regulations On June 8, 1998, The City Council approved the Bayfront Restaurant Regulations to address issues of noise associated with inside bayfront restaurants and impacts from activities that occur outside the restaurants. The approval by the Council included the requirement for acoustical studies for all new Bayfront restaurant development, additions or intensification; and added a consideration of additional Code Enforcement and Police staff to monitor restaurant operations on weekend evenings. A copy of the staff report and minutes of the June 8, 1998 City Council meeting are attached for the Commission's information. The required acoustical study is to address noise from activities associated with the restaurants, including atmospheric and topographic characteristics and their effect on noise received in nearby residential areas, with recommendations for compliance with Newport Beach noise regulations. An acoustical study submitted by the applicant's consultant (attached) indicates that the primary noise for the outside seating area is anticipated to be background music from outside speakers. The study further indicates that the background music must be low enough so as to not interfere with normal human conversation. Noise levels were studied for the background music from across Newport Bay and found to be well below the appropriate levels and is reduced further by the proposed 6 foot glass barriers. Additional information from the consultant regarding noise associated with the bussing of tables indicates that the noise will be less than the conversation levels of the patrons and the music combined and that the glass barrier should adequately reduce the level of the noise associated with Use Pennit No. 3674; 00 67 & 68 November 9, 2000 Page 8 the outdoor operation of the dining area. A condition of approval has been included requiring a minimum six foot glass partition barrier be installed around the perimeter of the outdoor dining area. Hours of Operation -Outdoor Dining The applicant is requesting that the hours of operation for the outdoor dining areas coincide with the approved hours of operation for the two restaurants. In other similar applications for outdoor dining, staff has recommended that the closing hour of the outdoor dining be earlier in the evening than the main restaurant, so as to not disturb residents in the area or across the bay. In trying to protect the residential neighbors from impacts from the patio operation, it has been discussed in prior similar applications that establishing an earlier closing hour for the patio may present problems from an occupancy standpoint. Closure bf the patio would require the relocation of patrons to either inside the facility (which if fully occupied will result in an overcrowding situation and a fire code violation) or compelling the patrons to leave the facility (which could create tension among patrons and employees). In previous applications, the City Council has approved the hours of operation for outdoor patio closure as 10:00 p.m. on Sunday through Thursday and midnight on Friday and Saturday. In order to be consistent with this, staff is recommending the above hours for both Billy's At the Beach and The Chart House. The use permit for the Chart House permits the restaurant to operate for Sunday brunch, private parties and recognized holidays in addition to their normal hours of operation. Staff is recommending that the hours for the outdoor dining for Sunday brunch be from 10:00 a.m. to 10:00 p.m., and for private parties, and recognized holidays be limited to a closing time of 10:00 p.m. Sunday through Thursday and 12:00 midnight on Friday and Saturday. Additionally, regardless of the closing time established, compliance with the Noise Ordinance will limit impacts from the patio, and the hours may be revised at the reviews provided for in condition No. 29 and 30 if there are unacceptable impacts. Loudspeakers and Paging System Staff has recommended a condition of approval requiring that the sound system in the outdoor patio area be restricted from use in conjunction with the sound system for the interior live entertainment for Billy's and further requires the closing of windows and doors for the interior of the restaurant after 8:00 p.m. in the evening. Additionally, conditions prohibiting the use of a paging system, and that the use of the speakers for both restaurants be utilized for pre-recorded music shall cease at 10:00 p.m. Monday through Thursday, and 11:00 p.m. on Fridays and Saturdays are included. The speaker system shall also be designed and utilized in such a way as to comply with the provisions of the Community Noise Ordinance requirements. If noise associated with the live entertainment is not confined to the interior of the building and complaints are received, the Planning Director may review the noise issue and require that a monitoring system be installed outside the building to monitor the noise, which may result in further review of this use permit Use Pennit No. 3674; 00 67 & 68 November 9, 2000 Page 9 Public Access To The Bay The Coastal Act of 1976 requires that "public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects ... " When the original use permit for the commercial building was approved in 1982, the project was to provide the required public access which is two, 6 foot wide vertical access walkways (one on each side of the building) and a 6 foot by 12 foot horizontal walkway adjacent to the water. In order to continue to meet the public access requirement, a 6 foot wide access easement that is currently provided, will continue to be provided on both sides of the Chart House (one on the along the westerly property line and one along the corridor separating the outdoor dining from the main building). Another 6 foot side access easement is currently provided and will continue to be provided along the easterly property line for the property at 2751 West Coast Highway (Billy's). Additionally, approval of Use Permit No. 3328 in 1989 for the construction of the building at 2751 W. Coast Highway required the provision of a 10 foot wide easement along the bay frontage of the property in order to provide unobstructed public access to the bay. A similar condition was required for the 2801 W. Coast Hwy. property with the approval of Use Permit No. 2051 in 1982 for a 6 foot wide access easement across the bayside of the parcel. The plans indicate and staff s site visit confirms that the easements are provided. Off-Street Parking The existing restaurant facilities have a complex parking arrangement with shared on-site parking for day and night uses and an off-site location for night use. The combination of daytime office use and nighttime restaurant use necessitates the establishment of two parking requirements for the two properties. In order to determine the parking requirements and the availability of parking on both lots and the two off-site lot locations, a brief parking history follows: June 12, 1981: First off-site parking agreement between the owners of 2751 W. Coast Hwy. (currently Billy's) and 2700 W. Coast Hwy. for 50 nighttime parking spaces located to the rear of the property at 2700 W. Coast Hwy. for the use ofa proposed office/restaurant at 2751 W. Coast Hwy. November 19, 1981: Lease Amendment to Off-Site Parking Agreement. 2751 W. Coast Hwy. permitted to lease 30 of the 50 spaces for nighttime use, in the 2700 W. Coast Hwy. lot to a new proposed restaurant located at 2801 W. Coast Hwy. (Chart House).' 1 2751 and 2801 West Coast Highway under separate ownership at this time. Use Permit No. 3674; 00 67 & 68 November 9, 2000 Page 10 July 1, 1982: Sublease Agreement approved between 2751 (Billy's) and 2801 W. Coast Hwy. (Chart House) for the 30 spaces in the lot at 2700 W. Coast Hwy. March 8,1982: Use Permit No. 2051 for 2801 W. Coast Hwy. to establish office and restaurant use. Approved the Off-Site Parking Agreement for 30 spaces for the Chart House from 2700 W. Coast Hwy. and 18 spaces from 2751 W. Coast Hwy. (Billy'). Sublease of the 30 spaces approved on December 14,1988. June 13, 1983: City Council approved the Off-Site Parking Agreement. September 4,1986: Use Permit No. 2051 was amended to allow the Chart House to open for Sat. and Sun. lunch (and recognized holidays). Amended the Off-Site parking agreement between 2751 W. Coast Hwy. (Billy's) and 2801 W. Coast Hwy. (Chart House) to give additional 7 spaces for the Chart House, for a total of 25 spaces to the Chart House. January 5,1989: Use Permit No. 3328 approved to establish nighttime only restaurant at 2751 W. Coast Hwy. (Billy's). 43 spaces required (32 on-site and 20 off- site at 2700 W. Coast Hwy.). Off-Site parking agreement approved. March 13,1989: Off-Site Parking Agreement approved by City Council. Between 1989 and 1995: The owner of the Chart House property (2801 W. Coast Hwy.) purchased the property at 2751 West Coast Hwy. (Billy's) June 8, 1995: Use Permit No. 3328 (Billy's) was amended to allow daytime lunch seven days a week. 9 parking spaces were allocated back to 2751 from 2801. The daytime lunch operation required 43 spaces minus the 9 spaces, which is equal to a parking requirement of 34 parking spaces for the lunch operation. The 34 parking spaces were waived with this approval. Use Pennit No. 3674; OD 67 & 68 November 9, 2000 Page 11 Parking Table 1 represents the parking that currently exists on the site and the number of parking spaces to be provided with the changes to the proposed parking. Since the applicant has ownership of both 2751 West Coast Highway and 2801 West Coast Highway which utilizes a shared parking concept, and has a long-term parking lease with the owner of 2700 W. Coast Highway, the numbers represent a total number of spaces available for all uses. Parking Table 1 EXISTING PROPOSED Daytime Nighttime Daytime Nighttime Available Parking: On-Site: 86 86 83 83 Off-site-2700 West Coast 0 50 0 50 Hwy 86 136 83 133 Total Available Parking: Office use: Billy' 5 At The Beach 13 0 13 0 Chart House 64 0 64 0 Subtotal: 77 0 77 0 Restaurant Billy's At The Beach 92 43 9 43 Chart House 0 80 0 80 Subtotal: 9 123 9 123 Outdoor Dining: 0 Chart House 0 0 0 0 Billy's 0 0 3 3 Subtotal: 0 0 3 3 Total Required Parking: 86 123 89 126 Deficit/Surplus No deficit 13 space 6 space deficit 7 space 34 waived surplus plus 34 surplus waived 2 A waiver of 34 parking spaces for daytime use was approved with Use Permit No. 3328Amended Use Permit No. 3674; 00 67 & 68 November 9,2000 Page 12 There are currently 86 on-site parking spaces between the two properties for day and night use, and 50 leased spaces in the off-site lot at 2700 West Coast Highway for nighttime use only. The Chart House Restaurant requires 80 parking spaces (3,190 sq. ft. of net public area divided by 40 = 79.75 or 80 spaces) after 5:00 p.m. for the restaurant use. The office uses during the daytime, requires 64 parking spaces. Billy's At the Beach requires 43 parking spaces (1,692 sq. ft. of net public area divided by 40 = 42.3 or 43 spaces) for both day and night, although 34 spaces were waived for the daytime restaurant use, for a total of 9 spaces required. The office uses during the day require 13 parking spaces. The total daytime requirement is 22 spaces for the 2751 W. Coast Highway site. The existing total daytime parking requirement is 86 parking spaces and the total nighttime parking requirement is 123 parking spaces. Parking Requirements fOr Proposed Operational Changes Chapter 20.82.050, Accessory Outdoor Dining permits eating and drinking establishments to add or expand outdoor dining without providing additional parking, provided that the outdoor dining area does not exceed the permitted 25% of the interior net public area of the restaurant. Any area above the 25% is required to provide additional parking. The outdoor dining area for 2751 West Coast Highway will require 3 additional parking spaces for the area of the outdoor dining that exceeds the permitted 25% (515 sq. ft. -the permitted 423 sq. ft. = 92 sq. ft. divided by 40 = 2.3 or 3 spaces). In order to locate the dining area between the two buildings, seven parking spaces will be eliminated in that location and the parking lot will be reconfigured to replace 4 spaces, with a loss of 3 spaces. The current parking totals do not result in parking deficiencies, whereas, the proposed project will result in a 6 space deficit for daytime use, assuming continuation of the 34 space daytime waiver for Billy's At The Beach. The proposed addition of the outdoor dining will raise the parking requirement for daytime uses by 3 (from 86 to 89 spaces). The three spaces will also raise the nighttime parking requirement by 3 spaces (from 123 to 126 spaces). Since there will be a total of83 daytime spaces available for all uses after construction of the patio, there will be a 6-space deficit during the day and a surpl us of parking in the evening when the offices are closed. The applicant has purchased a vacant lot located at 2620 Avon Street, which has 24 available parking spaces for both day and night use. Under the applicant's current proposal, the lot on A von street would be for additional parking for both day and night use, although the applicant does not wish to have a formal off-site parking agreement for this lot. Although staff recognizes that there is a surplus of parking spaces in the evening without this additional lot, there is a deficit of 34 parking spaces during the weekday lunchtime (waived in 1995). Additionally, in order to accept the applicant's proposed parking arrangement without the additional off-site lot, a waiver of 3 additional parking spaces is required. Use Pennit No. 3674; OD 67 & 68 November 9, 2000 Page 13 Staff has prepared Parking Table No.2, to include the parking spaces in the lot on Avon Street as part of the parking provided and the previously waived 34 parking spaces for daytime use: Parking Table 2 EXISTING AND REOUIRED PROPOSED Daytime Nighttime Daytime Nighttime Available Parking: On-Site: 86 86 83 83 Off-site-2700W. CoastHwy. 0 50 0 50 Off-Site-2620 Avon Street 24 24 24 24 Total Available Parking: 110 160 107 157 Office use: Billy's At The Beach 13 0 107 0 Chart House 64 0 64 0 Subtotal: 77 0 77 0 Restaurant: Billy's At The Beach 93 43 9 43 Chart House 0 80 0 80 Subtotal: 9 123 9 123 Outdoor Dining: 0 Chart House 0 0 0 0 Billy's 0 0 3 3 Subtotal: 0 0 3 3 Waived parking spaces: 34 0 34 0 Total Required Parking: 120 123 123 126 Deficit/Surplus 10 space 37 space 16 space 31 space deficit surplus deficit surplus Staff is of the opinion that the parking as shown in Table 2 represents a smaller number of parking deficiencies for daytime use, when the 34 daytime parking spaces that were waived in conjunction with approval of the midweek daytime lunch operation for Billy's At The Beach are accounted for. For this reason, staff is recommending an off-site parking agreement be required for the lot located at 2620 Avon Street to further guarantee that the 24 parking spaces on the lot will be available for both restaurant uses. 3 A waiver of 34 parking spaces for daytime use was approved with Use Permit No. 3328Amended Use Pennit No. 3674; 00 67 & 68 November 9, 2000 Page 14 , . Additionally, both restaurants have valet service to assist in parking customer vehicles in the off- site locations and the applicant has pointed out that many of his daytime customers during the week are walk-up customers from nearby offices, and many employees of the offices leave the site for lunch, thereby freeing up spaces for restaurant customers. Although there will be a deficit of parking during the day even when the Avon lot is included, staff feels that there will be adequate parking for all uses, both day and night, to serve both restaurants. Therefore, staff does not anticipate there would be a parking problem. Off-Street Parking on a Separate Lot As outlined in Chapter 20.66.080 of the Municipal Code, the Planning Commission shall not approve off-street parking on a separate lot from the building site or sites unless: A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. The off-site lot on Avon Street is located so as to be useful in connection with the proposed commercial building because it will be used primarily for employees of the restaurants and valet service is provided by the restaurants, which will facilitate the use of the off-site lots. B. Parking on such lot will not create undue traffic hazards in the surrounding area. The lot is currently being utilized for parking for the restaurant and other businesses in the area and has not created a traffic hazard within the surrounding area. Additionally, access to the restaurants' parking areas is via a signalized entrance at Riverside Avenue, which facilitates access and circulation between the on and off-site lots. C. Such lot and the site are in the same ownership, or the owners of the sites have a common ownership in such lot, and the owner or owners of the sites are entitled to the immediate possession and use thereof (ownership of the off-site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the site or sites). The lot is under the same ownership as the two lots in which the restaurants are located, and should one lot be sold to a different owner, the off-site parking arrangement will continue to be in effect. D. The owners or owners and the City, upon the approval of the Planning Commission, execute a written instrument or instruments, approved as to form and content by the City attorney, providingfor the maintenance of the required off-street parking on such lot for the duration of the proposed use or uses on the site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at Use Permit No. 3674; OD 67 & 68 November 9, 2000 Page 15 · . the time shall apply. Such instruments shall be recorded in the Office of the County Recorder and copies thereof filed with the Planning Department. A condition of approval is included in Exhibit "A," requiring the provision of 24 parking spaces in the off-site lot and the recordation of the agreement with the County Recorder's office. E. Afee as established by resolution of the City Council is deposited with the City for the administrative costs of processing such requests for off-street parking on a separate lot. A condition of approval is included in Exhibit "A," requiring the payment of the fee. Specific Findings and Recommendations Section 20.91.035 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 or 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 neighborhoQdor the general welfare of the City. In this particular case, based upon the analysis contained in this report, staff is of the opinion that the findings for approval of this application can be made for the proposed restaurant changes. Potential problems associated with the proposed restaurants' outdoor dining operation have been adequately addressed by the conditions of approval as recommended by staff. Additionally, the recommended restriction on the sound system use in the outdoor dining area should also prevent problems associated with noise which may disturb neighboring properties or residential uses in the vicinity; will also allow staff to monitor any problems associated with the use of the outdoor patio, as well as the operation's compliance with the conditions of approval. Finally, the proposed changes in the operational characteristics related to the addition of the outdoor dining areas does not result in an increase in the parking requirement or parking demand of the site which cannot be otherwise accommodated by the existing available on and off-site parking. The Off-Site Parking Agreement will insure that the required parking will be available to serve the restaurant facilities for the duration of their use. Should the Planning Commission wish to approve Use Permit No. 3674, Outdoor Dining Permit No. 67, and Outdoor Dining Permit No. 68, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. While staff has found facts that support approval, testimony received and Commission discussion could raise issues not analyzed by staff. Should the Planning Commission wish to deny Use Permit No. 3674, Outdoor Dining Permit No. 67, and Outdoor Dining Permit No. 68, suggested findings for denial are set forth in the attached Exhibit "B Use Pennit No. 3674; 0067 & 68 November 9, 2000 Page 16 The Ritz Parking Calculation July 9, 2014 Parking Provided Required Parking Existing Existing Proposed Proposed Day Night Day Night Day Night On-Site 83 83 78 78 Office The Ritz 64 0 Off-Site 2700 West Coast Highway 0 50 0 50 Office Billy's 13 0 Off-Site 2620 Avon Street 24 24 24 24 The Ritz 0 80 TOTAL 107 157 102 152 Billy's 9 43 The Ritz Patio 0 0 Billy's Patio 3 3 Waived 34 0 TOTAL 89 126