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HomeMy WebLinkAbout3423-3475 VIA LIDO3423-3475 Via Lido _ X� •� 1tlL�t1 /� F � �Y �1 PA,, C�, lot .[ a�\ •'► � �} ' ram' �/� \ � Y doqw r iv a � 1 \ J I.Mt1W wYwYO•IYw•fWtaYMu..�..1 /�� � � _" • aOM1YO M5w •ww•r ir. M'i.YN ,' GVC!• ey4{1. t .r r YO• r M. w wY M„�w ,f.rV. P _ wer..wra wwa r •uv.«+w+. o... r r.aYw.e�wwy `S•,aw•rcw.o. .�„r , �i � f Ir• 44, �fl �Y neaar3C �P. sie4y-�-•-.-/-� I� ,�,� w iie� N' s 2.1 2.5 Y• . 72.5% A `?tX.'r,'' i -*vrs K +ra.+ur`s +yrthe 7— `l •"' ..: -ii-___�,�y� 'aA¢�F'' `4 ..;.- - �� b.ar/c _ ru✓+veti 'rs1.Q 151, � . iR'.t" ` y``Y' •L '`�•; s- � r ~.�' ` yx -H ill CTa^iH�, CAO iY tea• N, ,�;^!6°- ,^' IN-.*�,t�'.'.•* _ + - + y'x - - - •'�'a `_ : -i`c' r+� �^�-e..��`. :�T. + {,j, t•' s' :V - '2?.6_wnj '.i 2?.�Yt�.�'�'�ZY'L� r _ ✓UP.Pf,4 `� �- -�.- � : - ryc' tea, '_�i1�• _ �,�i - °�; _`�' 3Ce:iy'. "=i.-xY'.i.,:�,:, •. >'�. i.. _ _ ! _jra� i'' _ �*.,1l n 1 6 1u*, R. � T F) r _ • l N.. i'F . �,� ;�� { • _ a+• I � - K • W :�ti-�^ 'e'- 3' Y-„- f!- - rS1 A ' '. .! _• � i, •;�-v'•.'��F _ .s -. r,. Y _ per• - _ � .���_ ... i. 3• 5 ': . ♦ s3's" . ` -r#'TY a „t, yr _ !'�.t.` :ti - . „`�'r_' i - }.r •°- -U-110 ci ryF`A 1,f`n: '�°"•x- Q!-st . ._.. _ ..`�,*�..'-�-=1'Yo����.�.,,_ .. .•,'�`•. F4�:_-!� �9t:�:. .,.__ - =.•e: _ _ _ .. _.. _ .a5 .G.:.:� -fi.«..t.'o:.S-.da3°'S-3�,'F�t�..')I�....�...G-. ����als� _ ■ M1+ 1 i� YT r� r* �o �t _ a 5 a F , arvLVO?4 r . , • Ali six -Ink IOA066S S .xi •i Y � ` =ALL COYM .. IZZ 7* - • 1eaf `�� ..Y ' aaa K,wonwo��..«rr wrr«.yyayyrw�w�„a+e.«x.o.n h f- �. � '��.-}r .2-.a:.I �j�..t^'�-!"'. =a :�,r'-.iY�a•.r �� • .>,-,`�Q. a�-{/!'i"N�i�+-?�✓�.a- _ a`•,. �$�t•. t` `:,i :^- e••�-'%-.-. •i'ie. �,. ll.�re`SS"x �"x �. � fI�IL�.i+.S n IV�. �� .I. _ d•�isu.� ��fka� a'.�i\it y�..ii� + IW LW x�`"•s''+ .. 'dot} '# °�' r'• 4F+`C ` , I � _ " • �,4 t Ri.STA�IA�MT. . ^ a • DAM STORE O 7d �•� ¢? -I • 0 � F O y' i4�� e4 , tr b Vi • \ ® \ of « � �d +I i' 9 S' �+•+r a+l" _, _ . -► m J PAVLIONS AIN ' I •Y I od . 9• � • t . , 'All •1- yil , / a , 0 � 7 i \4 I VIED �y . , , i w�.SoTeq.rv+I+cs k t�lcll � r ow 4 a I � t?12. ?tr \ TIN '_'•'.^; e.TY < - I .IZ?/ v 1 • O THEATER • a / VIA LDO Q RESTAURANT SHOPS SHOPS DRUG STORE I INN N i • I L S>f� PAVLIONS \ 04 kVilix �•. ��' 7WLLL DHHEIf _ _-'__ �f!Nw�di.rv.Ks »Y� r� i ,' 11 a IIEcErime 12. At its meeting of February, 12,1990, the City Council approved Council Agenda Item F-3(a), a request to authorize the Mayor and City Clerk to execute an agreement with Newport Via Lido Associates regarding the Via Lido Plaza Parking Lot Reconstruction Agreement. Said agreement reduced the original waiver of parking spaces in conjunction with the widening of Newport Boulevard from 11 spaces to 6 spaces and further reduced the required on -site parking by 13 spaces by excluding 3,238 sq.ft. of mezzanine area, located above the market, from the parking requirement calculations. In accordance with the terms of the agreement, the total parking required for the on -site uses is 287 spaces. (Page 4 of Attachment No. 13) 13. At Its meeting of April 19, 1990, the Planning Commission approved Use Permit No, 3378, a request to permit the establishment of a retail flower shop with outdoor f�,?;�i= • display within the Via Lido Plaza Shopping Center. The Planning Commission in its approval required that a minimum of two additional parking spaces be provided for the new li,• . ywA, flower IGh Increased to289 parking spaces. Inasmuch as a 319 parking paces existed at that �J:?,;;�' • time, there appeared to be a surplus of 30 spaces on the site. (Page 2 of Attachment rlkd5` No. 14) i . 14. In conjunction with the pending application for Variance No. 1187, the total parking eisf* requirement for the Via Lido Plaza stands at 289 spaces. However, in conjunction with the review of said application, the Planning Department has determined that the '•': Fr„a""�'• statement made 3n the staff report for Use Permit No. 3284 (Amended), dated >?•W t August 4, 1988 was incorrect in two respects. First, the office building at 503 32n `W" Street is not legal nonconforming with regards to the off-street parking requirement, y" Inasmuch as the Zoning Code required 13 parking spaces for the building at the time of construction (See Item No. 2 above). Secondly, although it is true that up until C as;•; 1988 the 24 parking spaces for the office building at 503 32nd Street were not included in the total parking requirement for the site, such an exclusion was .} • improper inasmuch as the March 5,1968 parking agreement (Attachment 1) allocates 24 parking spaces within Via Lido Plaza for the office building at 503 32nd Street. Therefore, the actual surplus of parking in Via Lido Plaza is only 6 spaces. nm...\...\rnnvam r : if I" I COMMERCIAL/2NDUSTRIAL ZONING CORRECTIONS Tslepi),a .—r.-M4-i 44-3200 ,- gy:Genia Garcia Associate Planner By:Mnrn Mvers. nA'sssistant Planner Date: -%�r Addre3s Dintriccing Map No. ' .. Land Use , .. Corrections Required: /c�(� P/w Plan Check No:- By:Christy Teague, Associate Planner Legal Description: Lot _ _..__. Block Section 86/1 Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,000. Covenant required. Please have owner's signature notarized on the attached document and return to me. ^j/ Lot Size i �vLJ C/� & `Y IiG�GGt� Zone S . - Proposed Use Required setbacks Front _ �.- '7ZO Rear Right Side � / 7o" /- Left Sideyg FAR WORKSHEET A,45t� 1,ot area Isite area sg.ft.): < /y�33 sq.ft. /1n5'�7 Lane Development Allocation (BDA): /O �, aVJ6 Comm sq.ft.� [0.5 x site area sq.ft., unless otherwise specified in Land Use Element] ;llt permitted, without variance: (A) Comm res Pkq ;square footage permitted: Comm res -okg sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (S) Comm res pka Maximum square footage allowed: comm v-es sq.ft. [(B) x site area sq.ft.] nn ',..nPOSED DEVELOPMENT: (C) Base FAR use sq.ft. sq.ft. a �J 87,E (D) Reduced FAR use sq.ft. sq.ft. p 07 q,2.,0 (E) Maximum FAR use sq.ft. /dp� (F) TOTAL SQ.FT. [C+D�+LE]2 rk POSR- q3 �I Z PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category (G) sq. f t. sq.ft. [ F % site area sq.ft. ] Weighting Factor Weighted Sq.Ft. (H) i( G x H ) sq.ft. Base X 1.00 sq.ft. aq.ft. Reduced X 1.67 bq.ft. sq.ft. Maximum X 0.50 sq.ft. TOTAL '..JIGIITED SQ.FT. (May not exceed BDA) _ V F Ma j ,S,Q \ V Provide tissue y_ab calculations to verify provided square footage. �- lei Required Parking 3 0 Proposed parking (Indicate numbed of stallsX�L �S(/^YT/C9G• n Total On -Site Parking ,i0{ e� Standard Compact _ In -lieu Parking Dimension buildi height as m�nensured frgm natural grade to average and maximum roof height 1 �iru 2f 1 �/ CiL� Cl OVIDG pl'O�Nt�'z�?/�J��iC��2 % r. Show natural nreje, line on all +• Show all rooftop mechanical equil,,,Wa and dimension i.. _�^ Indicate location of trash containers on site plan. i Number of Stories P'loor Plan fully dimensioned nho•••ineq :.xi x*oam u- Plot Plan fully dimensioned nhowinn location of :all relation to the property lino. Fair Share Contribution r° San Al aquin Hills Tran z`tation Corridor ree _ SPECIAL APPROVAL, :,SS:j,U 'tdR : Please indicate any discrationn ,• ., '1 -r the attached; oxer" ; r- r. t,r,. tn, 7 ' . . ` conditions into tan ;,11)•+line urr•ir-- apprc:ml lr '.^r into t7•-z Modifications connitteo: Indicnt,, . i -•svZl No. on ,A., Modification required for tImpninn Commission/City C u ciI,- Use r-rmit: No. Varianr_n: Ito. nerubr:i••inion/,tract: Site Plan Review: No. Amendment: No. Other ,a vitc t'crys_- Ear^re7nt/Encrrichmont Permit SuWkvinionnigina TrAff to Enginpor l4a�%�.'' �c % C��' Cf Approval of Lnndncape Plans a,-i.kj iinrt, U� ,rtmn Gradia7 Snginoo'r Pr Y,,r��c:,Ea�.m• •iic s Approval of Lnnducape Plnna pAv_�7rgm_nti Par.,nits: Appro-al In Conccpt (AIC) No._ (Note: File 3 sots of plane: r tLo, 1•-. r. oninl r- :•: :. ; Coastal Development Permit: No.__,._- _ Effective yy.t... Waiver/Exemption: Na. i Effective eats: Y1r r NOTE: It is tho responsibility of the rpplicnsn'a to aixc'•:. obtain the necessary approvals from the: dopartmonts have questions regarding your application, pleaso aontac::.'� 3200. FORMS\COMM-ZpUN•COR � �/���'µ"V rr:•• 1%��/�t�C h 4•( . Tele 4A-3200 By:Genic Garcia, Associate Planner y:Marc Myers, Assistant Planner Date: r Districting Map No..--� Corrections Required - COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS /� q Plan Check No: Legal Description: Lot Block By:Christy Teague, Associate Planner Section Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,000. Covenant required. Please have owner's signature notarized on the attached document and return to me. T— Lot Size Zlj Zone Proposed Use . b) Front Rear �✓g� Right Side ✓✓ /r 1 Left Side t 'JOKy �W? f(V FAR WORKSHEET Lot area ( site area sa. ft.) : o</y� �3 3 sq, ft. 2 �/ Base Development Allocation (BDA): /O 7, G comm sq.ft. [0.5 x site area sq.ft., unless otherwise specified in Land Use Element] FAR permitted, without variance: ,(A) Comm _ _res oka ,1� �74YSS U•2. Square footage permitted: Comm res ukc sq.ft. .� �� ADD [(A) x site area sq.ft.) O >YhL6 Maximum FAR allowed with variance: (B) Comm res oka a.--�� Maximum square footage allowed: Comm res sq.ft. [(B) x site area sq.ft.) ///�����n inn ��- /� PROPOSED DEVELOPMENT: y4A s-, � (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. `y •'7�Q (E) Maximum FAR use sq.ft. n / 2 '✓_ �,/d8a- (F) TOTAL SQ.FT. [C+D+E] ,P POSED PAR- q3 PROPOSED WEIGHTE_`D DEVELOPMENT: FAR Use Category (G) sq.ft. Base .ft.. Reduced ft. Maximum sq. ft. K V1 �jJ sq. ft.. /-- sq. ft. a�-DCJ 37/ 2 sq. ft. l [ F % site area sq.ft. ] -�1 (, { L ! Weighting Factor (H) SQ.FT.(May not exceed BDA Provide tissue X 1.00 X 1.6.7 X 0.50 l-?Pna-t Weighted Sq.Ft. �r001 ! G x H 1 /•�i� eq.ftT sq.ft. sq.ft. o250 to verify provided square footage. W Required Parking ol— 4o %, V11rGl- // re,OD - / i;re/z M /A)C O (% L�J (leil y-ICA TPV Proposed parking (Indicate number Qf stalls rovided)O /C Total On -Site Parking :3 -/ Standard Compact j� ;ZS J[�rVU n�li u Parking �n�y'�Pe�SPL� %�i A� D �/ d ✓ 1 ✓� CADS \ ` 4on b-'i d ght as �neasureii fr m natural grade to average and maximum rf height �I� RDV 1 D5- PrOf DSG�D M�2zA,c'/�U� ,C •�i0� G- �F�f //l/c� GV i /4 efro - - :+ Show natural grade line on all elevations Show all rooftop mechanical equipment and dimension from grade directly below. J)k_T Indicate location of trash containers on site plan. _ Number of Stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. / Fair Share Contribution 9 LdrL ` �s rays - �s 98 San oaquin Hills Tran ation corridor Fee SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Bluelines Modification required for Plannina Commission/City Council: Use Permit: No. variance: No. Resubdivision/Tract: No. Site Plan Review: No. Amendment: No. Other Public Works- Easement/Encroachment Permit J,� Subdivision En ins r / . � ;t�� ','J (l1 Traffic Engineer s�td«'Al nL�V � Approval.of Landscape Plane - Buildina,Department: Grading Engineer Parks Department: Approval of Landscape Plans Coastal Development Permits: Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Coastal Development Permit: No. Effective Date: Waiver/Exemption: No. Effective date: NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have -questions regarding your application, please contact me at (714) ,644- 3200. FORMS \ COMM-.ZON..COR na Rev. 1/93 CURRENT & PROPOSED PARKING @ VIA LIDO PLAZA Total Existing: 54 Compact 5 Handicap 260 Standard 319 Spaces Required: 287 +12 503 32nd Street ± 2 Flower Shop 301 Total (18) Excess Spaces Vons Plan: 315 Spaces Available Required 298 Spaces (Includes Flower Shop) (17) Excess Spaces R L VIA LIDO PLAZA PAVILIONS PARKING REQUIREMENTS Current Via Lido Plaza Parking Required Proposed Addition to Market = 3,405 SF = Total = Reduction in Mezzanine Space: Existing Area 9,053 SF - 3,238 SF = 5,815 SF (Per Agreement dated 2/22/90) Propose6New Mezzanine Area 4,355 SF Total Reduced Area 1,460 SF = Demolition of Existing Mezzanine Area 2,630 SF Total Required Parking w/Additions Require Less Mezzanine Reduction Total Spaces Required 301 Spaces 14 Spaces 315 Spaces Required �o� 3 �a 3g -6 Spaces -11 Spaces (� 315 Spaces -17 Spaces = 298 Spaces April 18, 1994 Per agreement with City of Newport Beach and the owner of the property, when the Newport Blvd. was dedicated (at the time that the front parking lot was eliminated in front of city hall) the center has 289 onsite spaces. The 503 Bldg. (offsite parking agreement) has 12 spaces and the market addition will generate a need for 25 additional spaces (38,900 (new) - 32,753 (per agreement starting point, exludes some mezzanines) = 6,147 sq.ft. divided by 250 = 25 spaces). The Total required spaces is 326. Z Pizza restaurant has never exercised their option for exlusive outdoor seating and therefore, does not require 15 spaces that the Coastal Commission conditioned for the business (for this exlusive outdoor seating only). Thereforg, this results in a credit for the center of 5 paces. OV Uon-site V89, �q D UPS/fG 503 Bldg. �_---25 Add'n (market) + I3 Yell P>'a t 326 Required cr_ 15 Credit (included in the 289) _3 (f 311 Required 125 OY'eu fT 1 zzA> >Kel ' --- /1v Tifesr� 320 Provided R,0Od1t6rD Genia Garcia��� Associate Planner .3o Y s Ak VJ IMP 5-q I j 3 �1 Oily of Newport Beach .. _ _ - „-'.., µ G - Peark NO. B" x '�° 1768 BUILDING PERMIT `g 11500350 P.O. Bo <'! 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Z- �fA 106 �7lNTN@On 91Ed6 E%E11P[THEREFBOLIMOIRE 9�SL4FOH TNEALSEGmr ..-•- :lL �• _ - E7fOlP NN VIOLATIONOF�Ip,1 7(01ser Arry APPDGNCFORA Pvwr , .^ " _,..ti,; , AoomiNEw 2500 _ _E D'(,Aq TOACNILPENrLTti or 71iWFNEHNEkED r 111IILI10_ $--- SOFr.eaixs-_ PTETSALrI ow 'u.D°Fa PRDPFMY;bRW orEFsarrmwAcaas00nl °°fiE oAi- "' - - �ggpb�L {l '[ CL�tf��; P-lpriE: 714/Ts3-7101 -^ 'm'_' NE_BSCI SP' 309 _ sAIE �.1�,Gf6rFM.,,T...,_.-..�.,� _iY �...-_- �� >.�-_+T--.--_-.._____._.- -�� - FROM REAR LEFT RIGHT OOHS Tqr AFPLV TOMDMtER aF PHOPERTYNIHO BUILDS OR IMPROVES T1EREOK ANAW CONTRACTOR:, OBIlOtI�R01', _ -- vAH000ESSx3MwDRKHFMSIBFoa nnDIU M+HsoRrmavHEMIWYFEs„ ti4� �.-- �'•^�+ _-.-•:.'-. �.-.-^-�-'-.=�--. ,:'-_ ___ ��S RMIEOTHATSUICHIM VE;.ElO9'�RIDEDOROFOR"GROWNE F,HDW AD1314iE : '•'"' �1 COttOBI}B IIK,�SDI}B.LDI - c. - EVEiL7FE aALDeMo oR IMMPFIDVEAIEfMf IS SOLD WLTWN OME YEMOFCONPLETgN. THE -�=+_- i'^_'s•=:�-. ^-__------- - - ._.. WTERB F, Y THE oFPRwMGTHAT HE.oNSEaonoTawoR _ -„` rldtl i.'-142i!1L- :•,,; -`'a. ' :etloNE: -_7 041 4 2333 `EDEse"'c-wPriP+_ LA FORTHEP IIVOSE FSAUpI'AN7E(XSfE.TG1S�pM}E{1;Y00NIRACINGYAM L1LFlL�Cdi - Ti---'+^'•-• -'. — _ _ _ _ _ _.. THEECglfiiJORS rolCf WOOESNPF�Vi1.YTBUSINESS OAN'OWNE AND YY�OEnMo 1�10---�: 2!@714,, cuss`-B ,NEwtoRr euDSORr wEsn' EREa%ANUMM FOR SUCH maEcrswmrwoos 7 +rrEct: 1�IItSiB1�I60W'BIDL'36"; 105. LIC. LIST ti�RKIGR(SJ.LEEN=., PSIMNt,TO.TF� KOOMR�RIC,�Ofl54CEt6EtAV(�. rn<r . -tt- .P... .t� ��_y 4u'C._'-'.� �_ - > ❑ AM EXEMPT UNOERSEC. -•- ----� . ` & C. FOR THIS RFJj•SQN• ADDRESS. y 6132 LlOtBi101S} , Y�_` -_ es � 1e Z IOItIiM13 1V026t7 -'PHONE ' COIS}IL BIBIt} i^�••'.',S - SPECIAL - •- a ._._ ._ '- - ' ". CONDIDDNS y DATE .�-. t7. ta.:a^_ 11C.No� ';' - �i�-•r-----s��.-�__ -"- ---- -- _ , - ---- - y - LI wia'Fiat smi . z_�;- - - r _,._?. - 53 a ocliliLii:SQi�6 23D ..: _ w IFHAPTE %EFiLiL�UIDERP�•AIRY.TLN?LAM LICENSEDOF UFAHI PFIOJSX)NS--...\•.--:v.,Za•L� -s'"`- Ne-^---."---- - - EO BY: >- OFCHAPTEflffTC01IAENCNp TDOD ORONRION30F BlSEESS AND m PROPEsslwscooewouyLxvaEGNfuurOW'AUNDEFFEcr c t UIDO 161CI C19086Y' �. - a �;' ' �E rp. �..::'".,\�, :,Yi.:.,T 2fll9f uc.NO� S 0O139S z OTHER CC UCE`SE' - ,IIF.tq.--- s_.. •. _ L _ __._ _ _-_. AP)PRO DEPARTMENT ¢ O ` t .:� . „• �. Y, w = .0 -s EOtDEtS l013Yu ISSOC ` w � U DATE--- . +a• - ..os-_ • . �, { ---'"::`.s_ .,.... PLAN CHECK = (l� �?t' wnRxgTs'co�a;EN`sATIDN. +a' nDDTjEss•' • 5038'CPeS l�" - - BY 'THEHEBYAFFIPMU oEn PENALnt �''t :'S •.t'• S•y; 11 • •-'icy .� ..ram _�.:- :-----` - - APPAOVAI. • `: CL t'ERAIlfoNeOFTET0LECOM Tapp TONS` ; HURT lE1QA RHO �- PiIONE: ,1(4/151-1317 __ _ - o O w,% -, , A , I a z . 1, C. , - • •I HAVEHq wRLMwPiNACEAT�F C11R4F.CON6EMYOSaFMLSUKFCIiwaw• SIGMA • OF "-• _ _ _ _ . _.- - .. - GRADING , APPROVAL,-,- p U FAS•CdwENSATICN.AS PRwIOmFORBYSECfgN3mo OFTE LABOR CODE FOR ' "� - TO ISSUE _ JFEPERFIXY. W= FTIEVATACPD ?,rTk!gl 3f lff6 APP�ICANT-?• ,: _ _ APPROVAL - a 111 ` t HAVE ANUYIHL'MNF7FAM NOIiE(iS,,,,�,.,�, NffixUNCE. AS REObNED eY. A •SEOFIa1S'DOOFTHELA3ORT:ODF_ F�fFnE' -0P�E OF THE WORK FOR 3'CIp Jill lilt felelt eti -- - a � a�PCM rvx s. _; .ISA'p"° ` ` "°c' BItBI» [itaI'ttojeet'ialEatio>E:= ':� 900000 ' Pallats: 840.00 LL ? CARRIER P1RIIolTnileRllpti:'' 'y.. TV '' R�elaOLll CD�u•PJES •• •L-'% " 2,105.68 !Credit eltuded: 0.00 ° ,• ,.. 1C945 TIDY `= DOILDIIO PERM} FBB:'.,•,: 3,239.50 }oral Credits: E4O.00 PoucYNueat ... ^. A .. • � i ° "Iiy CLBU-w-DIPOSIi'teqund. (I 3,000.00 i m MMSECIMN®NOTeEDaicirimici�EPE<nxi�ccaDNEFANDIEnra; INBiCIS6 }li tegsitedl t (13 I laIalce 17,071.17 LABS 1SIm)ORLESSp = �y * - Btrit SQ.P}. to•cospate excisaAal•,. • ..21 •,2IM 525.00 1 o _I CER4Y.TkArIN THE PEIftR Qte&4nE'MORR FOR WHICH THIS PER4 IS _ t ISSUED. t%LAYLLLNOT �EMPLOY ANY PERSON N ANY MANER$OAS TO eEuuME "`—'-_�.___ -- - , la ast_ die 17,071.1T LL SHOULDD B COME &IECrTOTTHHEEWORIKEERTCOMP COMPENSATION PRORNSIOONNSIO `SsbtotalCIP 10ILDIR PBRBI} FEES ` •• • ' ' '• - ~8,Si0.18 - _ '-' r DATE$ OFTHEIABOHCODE•ISIAL COMR.YVWTHTHOSEPFiWA - _�� T •�_- -'h �._ �� _ •9s - -Sil. DIS}. PH i Last_ 2 !of -tut Cd 75.00 0's w RNNc FAR RE,osEaREWDR�Rs ,oNca �wt s,XMu,FDL wD Is IICROPILIUO PBS.Tegaired! (I) 180.00 i SMALL SUBJECTAN EMPLOYER TO CRIfMN_PENN.T ANDCIVi FNESUPTO ONETI.N- - •� CILIPOilI! SIISIIC WSTI-P61 - > MAO - °o F��sr�HOP°Rrno D° oRW =�Ec1 3 ;o°P01„ "u «LwD N°F ii" DA s :Is DISHLBD HVIBV 181 seeied} (I) 200,C0 I PEES. - • - : , a 6121tD00S Il}:-Ion praeessiu?=.((I r 1S.00 3 a CONSTRUCTION LENDING AGENCY -.Y ..h :IrP1It 56iR8 [BB regained! B1211-tid:'uits/ roust area]!,: 4.85 i;13i 5,989.75 I HEREBY AFFIRM UNDER PENALn OF PEMIRYTHAT THERE ISA CoMNW ULUON LEND .r - -- - ----_ - DiG AGENCY FOR THE PERFORMANCE OF THE WORK FOR YMX]i THS PERMIT S ISSUED l`:.^'-��'�'--1---��•�- , wEc.3Dn.rnY.ci. - �,.PtR$ DBtf:PLI1.tB/I89 Pig, t• II .. 421.14 I - 3 -FIRB 1Bli IISPBCIIOI"FBB ',! 641:90 } . P A I D LPy°ERSA°°REss = :, pL111IlOt1AlI1@YLiI•CABCIFab".lI) - ' 223.20' I' I CERTIFY THAT I HAVE READ THIS APPLICATION AND STAIETHAT THE ABOVE NFCR,.4 _'_-��_' ___����_ _ _' •, ;: m TIONSCORRECF.IAGREETO COMPI.VWDH ALLCTTY AND CCX4TYORDNANCES AND STATE }O}1L Cl2 1DILDI19 PE111} FEES Y lT 4tt.17 1g9a W - LAWSRELATNGTOBUIUMNT CONSTRUCTION. AND HEREBY AUHORUM REPRESEttTATNES _. M APR 2_ --Fm- OFTNISCOUMYTOENTER UPON7I;EABOYE#IENRdED PROPERTY FOR BSPECD. RIR erliY OF NEIP4t27 BEACH PER 'F � •,� � � ' ' •' _ i '.`-� ..%. i :� - - : • � J 3 - .. - ' 9 /•^!.��-.�-:..1�1 C 2 � �•y sty, d... -..Y. w�C L•ii 'DATE - - .4 �4.1 \ �i, 51�ti:-.,•)L� /l'U� -ltV S -_�� ( % - j - = .-- " "- _.,-_ _'-.�. _,_-.: .._ .-.•+.-..-•. -..-...,.--caw-.r. _.F•. s......-w» - _ ,. -.. ._.-.._-.. .. .- s..:le�.-^^rc"'%�• -.�"`'"" ".`w'y"'a`{'...i_t�SU'Si..w�-+..w��aKm.•eww"x„«c.«.....r--'=,- -..n a a 4 fl wt\ '&at6.0- tho at 6.W TD. 0 50 100 -P�AWCHNICAL PLOT tit -AN 3 fT L k Ya+ N {oe. S L ti.. M 9� L HA L S w Ate/ I/ i1 W ` 1.. 1 . 1 - - _ � `'i�; ii:�- ��•-:i Y:" �t'_i-,fir-'rr,y... `. - a."... -r ice:., .-3ik --l�._'?.`__�+:•`.". - - -. �...� �``` Wit. cif'%-•: -^:as `:'t =a���S nS;g;`. 11l-II�IK � .•'" - _ �-Y.S�.:''r'. .t+t rLc-jt: �Y j(�'_�^r.'v. ._ ..._ rtM z:re VG _ ' iA�1a'+4 �T...Si=.:fv'+-'Y�i.a _ - •T � �• t:'a ." .. =1 Y... `... ._ agat 6.0' HIO-at 6.0' Ti). 30.0' City Nebo Beach Building Department P.O. Box 1788 Newport Beach, CA 92658.8915 Phone; (714) 644.3288 PA C �_60, BUILDING PERMIT AP,PLICATION-,"), B• 21600 PLAN NCGY, NO, ---- _ _ ._ _ .- p1Ai AnKA UNF fal�I, ( fYl JIrA)IA(11 _.J. U .(.nNSi I AFRIC .-._ .. - ror 911t U1140 A.PYN AVAL NCOVINRb itN Vt'1r r ��LjjjU / UWk 101,L 71 PAN NIIr (! / F 4 / )1 IprA, of to ,. -- C.Yl� `G.I.L.Ja4-1<" 6 xi Ai V F" ��.. ! J4/f Ii{}Z�l.�., _.I J 4/�IIG N/��.� .L.'1,��•!'11. ( ,�..r TEL II!! /'77 r_4Cb" i APPRUVA FIRE (/ i•� APPROVAL .r.»... N wt„„qa a A - �; z_. PA/II S,IA IfF S- ti, irr IAA S N n n 1A H `�• _„--,,,,, _-_�- _,_...__._._. - GRADING AAII OWIllf.I .....,.. '`` �•» APPROVAL PLAN u1N II�T /Ofir 0111To ,i ITT N°, Ur 1 1 ,� .,..., .. _ 'ZPIOTI�O%Nl<'JF wORv ..--..._._ _.. 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ArPL1CANT to A I INI PCNAI I�cOM1r. or 111XUYfn•/ONI/YfIIrl91f[p YNfl11/AOKM A4 lIfllAUll /II r1.•+' • I1 I✓fr/AI 11fAVC "CA4 "to% ♦PPtj(AIIOH Alto) fi•Alt 4t, IN 10AN1C1 11d111 .1,rt1 IP Fit A H'11rI1U,1IN1V1.ru1 t1CX AB OW"n EN%An411 wIIL Nq Poor wn. NL lNr )nr, or n11YHb1 Loft .•.•pALXunQrytu+/r f I Aom .IAII ,.I,b Pr, AI 1., 11,411 .11" t1, 1[M to,r Or1CNCD ran RAlr 'ptr 1V41 a•IRuIf Y4 A1,(, Pnr,Il na1(1Nn 1000 Apple I1/ All 01P,Ln tit I-XUI•tAl (NNO Aomm�.Yf nl rut RI 4,A1„1n 'r nw r•�"H]I .t',P M[IA •ONIU nNrirrni/ I.n ,n 51'1r+Iran r,Awr,k(5 1 CONTNACIUM'p LICL11aL LAI1 (A0f} 1.07 On IMrNO'Ikp "'Cott", 11r0 M111 0111'1 Hp n /lOwY n1MnLLr 0- 'I'll )VIA 1 .,lq/( tlUILUe lots OWN CMwla(j,C♦ rtlO nC.fL •,,A r pUr,,, IMrnOVfM110 % An( 1.01 IN IVIuI to Ott 01/k'01C[I ran 11114 IY faintly. 'Or ML1L1/1111A I'm MPN OYI Y1,111 Ip 411111 WI111111 1"rOW-19"X4ltDcn WilI,IAYC ♦Ht nUMDrt, Or rXOV1110 P. � �_ y��, �`�'�C!', )IIKY""Or CUMrLc7rOn TIIA1 IIK DID I Ol 110"ll IJM ,MIP1„f ""'Mill( hUNY0k1 /,r A.LLf I '•C� '-�) �•/ / .....AI AIr// I 1 All UWfI CN Of i11t PNUPL.Yff AM EACLUpu Ltf CONINACTING N101 LIGENANDllgu vAtt N�oNAI UAr Or rlwwrt lto— ^,T CONINACTONR to G011pi F•JCr Tr11 rRa,kCf ptf 1044 X9p1,1f nN A110 PNOrKI)MIONS COOL tool MOIIT wA/IIjA'A LI(Cilb[ VN DOt% flat Arrlr 10 All Catl(nA( I4 ---••- // �r'l��l/- '••, (/Iirg (MIN 1• _ S 010I Or Yn4i'c XTY NMIA XU,WL pA 1MIMlNIp r••rAVYN A110 W140 PNOJCCib /II R1 A SliIrt AAG fOn•pI ,'(f4pca PUIIR-WO t4 flit t•pl Vlll .l./i.%. S.�ar•, --/ - -- ION p11CN IAw t (gUfHl Fplf CON I N AC Frou'Y PQCtlpf 1,/( Not, S r��`l ! j �,J ( 1 I AM tAtfAYf Vti DIN NI< r� ..„......._. tlAY (. 14M toll NtA11011 ..._,—.-.....� ..._._ -....� - __. ...�., _._......-. _.. DA1E........�.-•- _-- ..............._.. aWNEP.---,_,....._...-.-.....�_�........-.,... ���• F•N,AI Val 44P,1•-!•NM-t•!f*;•'1y` I•7 A4 PICI Floe Ir Gbp $ _! 1 iS% I hM WORK MUST 11E 0-y ANTCD WITHIN A PERIOD OF 100 DAYS FROM THE DATE Or VAIIDATIpN J I M M aK Nx3 �rl (I VOtDt PLAN CHECK VAUOATION CN M D CAyII PERMIT YAL1110 A ✓r _. CK 4lNu w 1sm t I r I March 10, 1995 U Project No- 11170-00 Report No- 54020 Page No- 3 transect the site and include an electrical vault, high voltage powerlines, and transmission gas lines. No -overhead utilities were observed in the vicinity of the market during our reconnaissance of the site. The overall plaza can be characterized as a level, trapazoidally-shaped, approximately 5- acre parcel.- Drainage off the site is provided by surface- runoff to improved gutters flowing eventually to storm drain facilities. Elevations at the site vary from 5 to 6 feet. above mean sea level. Vegetation at the site is limited to lvv shrubs, bushes, and trees within landscape planters and along access drives. Access to the plaza is provided by way of Finley Avenue, Newport Boulevard, and Via Lido. Geologic Set -ag and Subsurface Conditions The City of Newport Beach is located along the central,• onshore margin of the Peninsular Ranges Geomorphic and Tectonic Province of California. The Peninsular Ranges are characterized by northwest -trending structural elements, such as, locally, the San Joaquin Hills and Newport -Inglewood Fault Zone. These elements, specifically the Newport -Inglewood Fault Zone, are the most prominent geologic structural features capable of affecting the site. A detailed discussion of this -causative fault and the a potential earthquake parameters is presented in the following section of this report. V Subsurface exploration of the site consisted of excavating and sampling four hollow=stem L auger, borings on February-13, 1995 to depths of between 15.5 and 31.5 feet below existing grade. The locations of each boring is shown on Figure 3, and Logs of Borings are included in Appendix B. Laboratory testing to aid in estimating soil properties E consisted of moisture, density, classification tests, and the chemical (corrosivity) tests. - The results of this testing are summarized in Appendix C. - The subsurface soil conditions underlying the site can be generally characterized as an approximately six feet thick layer of fill overlying a mix of alluvium and marine deposits. The fill consists of medium to coarse grained, grey to light brown sand with abundant whole shells and shell fragments, and is essentially non -expansive. The fill consistency varies. frona loose to medium dense with moderate to high moisture contents. The fill soil has a moderate potential for deterioration of concrete elements, and a severe potential for corrosion of mild grade steel. This material was most likely deposited during the dredge -filling and early development of NewportBeach. The underlying alluvium consists of an approximately one to two feet thick layer of grey -black baymud and organic clay- mantling dark grey. clayey sands and sands. The clay deposit is typically: very soft, highly organic, and saturated. The consistency of the clayey sands and sands range froxii very loose to medium dense and are saturated. These sands appear well sorted, coarser, and -more dense with increasing depth.- Our characterization of the March 10, 1995 Project No: 11170-00 Report No: 5-4020 Page No: 2 B. Subsurface exploration which consisted of the drilling, logging and sampling of four 8-inch diameter hollow stem flight auger borings (see Appendix B, { Excavation Logs). P C. Laboratory testing of bulk and relatively undisturbed soil samples considered ` representative of subsurface conditions, (see Appendix C, Laboratory Test Results). D. Geotechnical engineering and geological analysis of field and laboratory data to evaluate the proposed construction with respect to existing site conditions. 4 ' E. Preparation of this report presenting our findings, conclusions and „a recommendations with respect to the proposed improvements, including the Geotechnical Figures and Details that accompany this report. p Proposed Development and Site Description " Our understanding of the proposed new construction and remodeling is based on our review of the "Proposed Additions and Alterations to the Vons at Via Lido Plaza" plans dated October 3, 1994 (revised November 21, 1994) and the "Via Lido Plaza and Newport Beach Civic Center Combined Parking Study" Plans, dated November 17, 1994, prepared by Robert Borders and Associated of Newport Beach, California, and our conversations with Mr. Frank Bole of Bole and Wilson, Inc. of Long Beach, California. The proposed new construction consists of the addition of approximately 2500 square feet to the market along the southern two-thirds of the east side and the addition of approximately 300 square feet to the markets west entrance. The additions foundation elements are proposed to utilize continuous footings with maximum live plus dead loads of 2000 pounds per Iineal foot- The proposed remodeling consists of improvements to the eastern and southern market interior associated with the. new construction, and the r ^ expansion of the west entrance interior. The remodeling will require the removal of some bearing walls with- replacement elements consisting of columns supported on continuous footings. L The market building was originally constructed in the. mid - 1940's, and has undergone significant additions and remodeling at least once since that time. Existing perimeter footings for the building have an embedment of approximately 3.0 feet below grade. Dimensions of pad footings for columns are not known. The existing structure provides a total of approximately 27,000 interior square feet and. is located in the central -southern r portion of the plaza. The market is flanked to the north by three separate retail/commercial buildings accommodating a number of individual businesses, and to the east, south, and west by paved parking and circulation drives. Underground utilities J a r rencto 'Rehah Systems • . - _ . ' J01 Shipyard Way, Suite M - Lido Pemfsu/a Newpod Beach, CaMorn/& 92693 (949) 723 - 4188 ` December f0, 1999 (949J723-4197Facs/m//e (30) 377- 0403 Ms. Marina E. Marrelli (310) 377- 0423 Facsimile Assistant Planner, Planning Department City of Newport Beach r 3300 Newport Boulevard Newport Beach, CA Ref: Lido Plaza News Stand' Dear Marina' Please, find attached an additional copy of the drawings for the proposed Lido News Stand at Via Lido Plaza for your,use, If you have any questions or comments; please - do not hesitate to give me a call at 723-4188 and I will, make myself available to you and'the other members of your office. Thank you. Most sincerely, Rehab System Richard Alan Hales ' Principal y RAHmse copy. Robyn Ryan /Fritz Duda Company ' 7 Design Overview for Via Lido News Stand, Via Lido Plaza, Newport Beach, CA The design of the news stand will reflect the color and architecture character of the existing drug store. it is the intent of this program to provide an improved facility for the client and customer. The proposed design will furnish security for the merchandise on display and protection against inclement weather conditions. The overall size of the facility will not increase from the existing plan but a new roof structure will replace the current canvas. The lighting fixtures have been selected to provide interesting and usable illumination during evening hours and reflect the appearance of fixtures now being used in the center. The signage will provide a simple identity for the facility and will be lit by the overhead fixtures illustrated in the elevation drawings. The glass block will be included to visually tie into the theme introduced in the current monument sign on the properties corner. The floor surface will remain unchanged Scope of Service for Via Lido News Stand, Via Lido Plaza, Newport Beach, CA f Paint A. Painting Work Included 1. Provide all labor, materials and services to clean and prepare the surfaces, paint and/or repaint exterior surfaces of structure as directed during the job inspection tour. 2. Scope of service includes - all walls and soffits. All surfaces prime coated as needed and finished coat of 100 % acrylic. B. Quality Assurance Requirements of regulatory agencies: Comply with all applicable laws, codes and regulations. 2. Workmanship a. Provide best quality workmanship, performed by skilled mechanics. b. Evenly spread of flow -on the proper film thickness. Apply materials in accord with manufacturer's directions and printed specifications. Finish painted surfaces shall be free from sags, skips or other defects. a Perform work under conditions best suited to the production of acceptable work. d. Protect all adjacent areas and surfaces from damage from misplaced paint and preparation work. 3. Apply no paint in rain, fog, mist, excessively windy weather, or when temperature is below 50 degrees. 4. Dust Control, Provide continuous dust control as required to protect adjacent areas. 5. The contractor shall take all necessary steps to protect the public and all property and vehicles from damage during his operation. F. Colors Color selections, as determined for all surfaces shall be selected and provided by Rehab Systems for client approval. G. Scheduling of Work Coordinate work schedule with Owner before commencing painting work to assure Owner's cooperation and to cause as little inconvenience to this and adjacent facilities as possible. H. Inspection 1. Examine surfaces to receive paint and finish for conditions that will adversely affect execution, permanence and quality of work. 2. Advise of conditions which will produce questionable of borderline results and follow amended recommendations. I. Surface Preparation Clean all exterior surfaces to be refinished of all dirt, oil, grease, oxidized, loose and scaly paint film, mildew, rust o metal and other foreign substances bya combination of the following method(s) to provide a clean, sound surface before painting: a. Mechanical or hand wire brushing, scraping and/or spot sanding as needed. b. Treat mildew infestations with a suitable mildew treatment solutions, flush with clear water- repeat if necessary. 2. Patching and repair as needed. J. Paint Systems Prepare, paint and finish all surfaces specified and agreed upon. 2. Provide paint finishes of even, uniform color, free from cloudy or mottled appearance. Properly correct all noncomplying work to the satisfaction of the Owner. 3. Finish color shall be provided in finish materials as selected. K. Protection and Clean -Up Protection: Carefully protect areas where work is in progress from damage. a. Provide and spread clean drop cloths where required to provide the necessary protection. b. Immediately cleanup all accidental spatter, spillage, misplaced paint and restore the affected surface to its original condition. 2. Clean -Up: At completion of work, remove all materials, supplies, debris and rubbish and leave each area in a clean, acceptable condition. III Signage A. Completely remove existing signage. B. Design, fabricate and install new fascia sign. Sign shall be cut from high density architectural grade sign foam, sanded smooth, primed and painted with two coats of semi -gloss latex enamel, or equal. Sign design is exhibited in accompanied drawing. C. Design, fabricate and install three new overhead shade style lamp fixtures painted to match light fixtures currently used on site. D. Design, fabricate and install new vinyl graphics on glass panes adjacent to drugstore door. Final design and color to be selected by Rehab with client. IV Site Electrical A. Remove, clean and repair as necessary all exiting overhead fluorescent light fixtures and install into new ceiling. B. install three new light fixtures as outlined in section MC above. V Architectural A. Remove and haul away all material resulting from demolition. B. Remove, recondition and re -install display shelves. C. Design and build structural walls, ceiling, roof to City of Newport Beach standards. Install glass wall adjacent to Drug Store entrance door. D. Install Security Grill System (Series 678, Crystalgard) per manufactures specifications. Curtain will be comprised of 6 5116" wide body panels with 118" thick tempered glass that fit into aluminum hinges. Panels are framed by 4" aluminum bottom plates and 5 114"high aluminum top plates. System will secure to ground at two intermediate positions and at final closure position. E. All architectural finishes will be installed or applied to match existing wood stucco and metal. o O ww• • tir�ro� w•••r�ar .wLeo T-f p• j. a� y O MvtDM/ Location of Proposed News Stand Via Lido Plaza Site Plan Em E I Existing Landing Simpson Hangers 2 x 12 joists @ 24" O. C. 3x Ledger \ \ \ \ \ \ Note: existing shelves to be removed, \ \ \ \ \ \ \ \ ' refinished and reinstalled. I \ \ \ \ \ \ \ \ Drug Store Entrance � Scale: 3/8'= 1' - 0" Id I Glass Block In -fill 1 6" x 6" post with Simpson Post Hanger Stairs Up New2x6wall , Pocket with lockable door 6" x 6" post with Simpson Post Hanger Built-up roof over 1/2" CDX with blocked edges Glass framed folding door system with lock 6" x 10" wood beam Lido Center News Stand Design - Construction Plan September20, IM Fritz Duda Company lido News Stand Rehab Systems Newport Beach, California Newport Beach, Calffomla Newport Beach, Califomia This drawing and the Ideas Vastrated are the mpyrighted property or Rehab Systems and can not be used wRMut written approval by and compensation to Rehab Systems l Three Overhead Light Fixtures New Copper Light Fixtures to match existing Copper Band Wood fascia to match existing LidovEws �► Copper Band jI j `o Glass Block In -fill 1 ` I I Shelves ► ► ` I Shelves 3 Shelves (� E/e era ti on 318•' = vo, Lido Center News Stand Design Non -illuminated Dimensional Letters applied to wood fascia. Painted accent color with gloss enamel finish. March 30, 199q Fritz Duda Company Lido Newsstand Rehab Systems Newport Beach, California Newport Beach, California Newport Beach, California This drawing and the Ideas Illustrated are the copyrighted property of Rehab Systems and can not be used wtlhout written approval by and compensation to Rehab Systems II 'r ------------ ) = s- 0 March 27, 1995 VIA LIDO PLAZA ADDRESSES AND TENANTS Building `A" 3433 Vons-Pavillions 3425 Office Building B" 3415 Cleaners 3417 Ziggy's Optical 3419 Mail Boxes, Etc. 3421 Regatta Cafe 3423 Z Pizza Building "C" 3441 First Floor Unit A - Rachel's Collectibles B - Off The Wall Gallery C - Christel's Boutique D - Was Mr. Fosters H - Was Coffee Pub 2nd Floor E- F- G- 3443, 3445 - Drug Store Building `D" 3459 Edwards Theater Building "E" First Floor 3461 Video Zone 3463 Was Beauty Salon 3467 Starbucks 3475 Bank of America 4. - - i Real Fstate Investment Builders • Developers 3471 Via Lido Suite 207 Newport Beach, CA 92663.3929 (714) 723.7100 FAX (714) 723.1141 One Galleria Tower 13355 Noel Road, LB 3 Suite 1315 Dallas, TX 75240.6603 (214) 934.2244 FAX (214) 991.5184 March 30, 1995 Ms. Christy D. Teague Associate Planner Planning Department CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92658-8915 Re: Via Lido Plaza Renovation Newport Beach, California Dear Christy: Please consider this correspondence as a Letter of Intent by Lido Partners, owner of the above referenced shopping center, for the use of seventy-two (72) chairs and twenty (20) tables, which are similar to those currently located in the courtyard area, to be utilized by all center patrons. Thank you for your assistance in this matter and if I can answer any questions or provide further information, please give me a call. Very truly yours, Daniel F. Riedl Construction Manager f///*, DFR:eb STATE OF CAUFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802-4416 EXEMPTION LETTER (Corrected) (310) 590.5071 (Supersedes Exemption Letter Dated 12-23-94) DATE: December 28, 1994 NAME: Robert S. Borders 5030 Campus Drive Newport Beach, CA 92660 LOCATION: 3423 Via Lido, Via Lido Plaza, City of Newport Beach, County of Orange PROJECT: Renovations to an existing supermarket located in an existing retail center, including the partial deletion of existing mezzanine floor area and the addition of new ground floor area, with no change in overall square footage of gross floor area of the supermarket, nor in the 3016" height. The existing 301 on —site parking spaces will not be reduced in number. This is to certify that this location and/or proposed project has been reviewed by the staff of the Coastal Commission. A coastal development permit is not necessary for the reasons checked below. _ The site is not located within the coastal zone as established•by the California Coastal Act of 1976, as amended. _ The proposed development is included in Categorical Exclusion No. adopted by the California Coastal Commission. The proposed development is judged to be repair or maintenance activity not resulting in an addition to or enlargement or expansion of the object of such activities (Section 30610(d) of Coastal Act). _ The proposed development is an improvement to an existing single family residence (Section 30610(a) of the Coastal Act) and not located in the area between the sea and the first public road or within 300 feet of the inland extent of any beach (whichever is greater) (Section 13250(b)(4) of 14 Cal. Admin. Code. _ The proposed development is an improvement to an existing single family residence and is located in the area between the sea and the first public road or within 300 feet of the inland extent of any beach (whichever is greater) but is not a) an increase of 10% or more of internal floor area, b) an increase in height over 10%, or c) a significant non—attached structure (Sections 30610(a) of Coastal Act and Section 13250(b)(4) of Administrative Regulations). The proposed development is an interior modification to an existing use with no change in the density or intensity of use (Section 30106 of Coastal Act). (OVER) BOW systems lof Shipyard Way, Suite M tido Peninsula ' Newpod Beach, California aW (949) 72J - 4f88 December 02, 1999 (949) 723 - 4f87 Facsimile (310) 377- 0403 Ms. Marina E. Marrelli (310) 377- 0423 Facsimile' Assistant Planner, Planning Department - City of Newport Beach 3300 Newport Boulevard Newport Beach, CA Ref: Lido: Plaza News Stand Dear Marina Perthe-city's request, please find attached the latest A.L. T.A. survey parking plan for Via Lido Plaza dated January 1998. The survey indicates that the total parking count for the center is 312 allowing for 16 compact spaces. Because the city does.not count the smaller compact spaces, it is our assessment that the total count should be revised to 308, exceeding the necessary additional spaces you require for approval of the planned Lido Plaza News Standan question. Please do not hesitate to contact me at your earliest convenience with any questions you may have. / would appreciate any help you can be in expediting this small project through the approval process. Most sincerely, ` Rehab s f Richard Alan Hales Principal RAHmsel oopy: Robyn Ryan /Frft Duda cormany ' ��wt hlrti'kC�..O.f 1 Robert Borders VONS Exemption 3423 Via Lido, Newport Beach 12-28-94 (Supersedes original, dated 12-23-94) Page 2 _ The proposed development involves the installation, testing and placement in service of a necessary utility connection between an existing service facility and development approved in accordance with coastal development permit requirements, pursuant to Coastal Act Section 30610(f). The proposed development is an improvement to a structure other than a single family residence or public works facility and is not subject to a permit requirement (Section 13253 of California Code of Regulations). The proposed development is the rebuilding of a structure, other than a public works facility, destroyed by natural disaster. The replacement conforms to all of the requirements of Coastal Act Section 30610(g). _ Other: RATIONALE: The proposed development is an improvement to an existing structure located within 300 feet of the shoreline but which would not result in an increase of more than 10 percent or more of .internal floor area or height, nor is there a record of a previous exemption for the supermarket pursuant to Section 30610(b) of the Coastal Act (Section 13253(b)(4) of the California Code of Regulations). Further, there would be no change in overall square footage of gross floor area of the supermarket. Thus, the proposed improvements would not result in a change in intensity of use of the structure (Section 13253(b)(7) of the California Code of Regulations). For reference purposes, the Coastal Commission took action on permit applications 5-88-054, amendment 5-88-054A, and 5-90-479 for other development in the subject retail center. The proposed development would not be subject to the requirements of any special conditions previously imposed on these other permits. Please be advised that only the project described above is exempt from the permit requirements of the Coastal Act. Any change in the project may cause It to lose its exempt status. This certification is based on information provided by the recipient of this letter. If, at a later date, this information is found to be incorrect or incomplete, this letter will become invalid, and any development occurring at that time must cease until a coastal development permit is obtained. Truly yours, #1A1 - By: John T. Auyong Title Coastal Progm Analyst 3519F:jta COMMERCIAWINDUSTRIAL ZONING CORRECTIONS Telephone: 714 4-3200 By:Genia Garcia. Associate P1A_ ys arc Mv�Jers. Assistant Planner Date: Districting Map No. Corrections Required: Plan Check NO: 41A7r By:Christy Teacue, Associate Planner Land Use Element Page No. Legal Description: Lot Block Section Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,000. Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size ale& Zone Proposed Use Recuired SetbacksCi% Front Right Side Left FAR WORKSHEET Lot area (site area sg.ft.): sq.ft. Base Development Allocation (BDA): Comm sq.ft. [0.5 x site area sq.ft., unless otherwise specified in Land Use Element] FAR permitted, without variance: (A) Comm res vka Square footage permitted: Comm res vka sq.ft. [(A) x Bite area sq.ft.] Maximum FAR allowed with variance: (B) Comm res vka Maximum square footage allowed: comet res sq.ft. [(S) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. (E) Maximum FAR use sq.ft. (F) TOTAL SQ.FT. [C+D+E] sq.ft. sq.ft. sq.ft. sq.ft. PROPOSED FAR: [ F % site area sq.ft. ) PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category Weighting Factor Weighted Sq.Ft. (G) (H) ( G x H ) sq.ft. Base X 1.00 sq.ft. sq.ft. Reduced X 1.67 sq.ft. sq.ft. Maximum X 0.50 sq.ft. WEIGHTED SQ.FT.(May not exceed BDA) Provide tissue overlay of calculations to verify provided square footage. Required Parking Proposed parking (Indicate number of stalls provided) Total On -Site Parking Standard Compact In -lieu Parking Dimension building height as measured from natural grade to average and maximum roof height Show natural grade line on all elevations Show all rooftop mechanical equipment and dimension from grade directly below. Indicate location of trash containers on site plan. Number of stories Floor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, *to, in relation to the property line. Fair Share Contribution San Joaquin Hills Transportation Corridor Fq sraclAPY40VAL RZOUIRED THROUGHt Please indicate any discretionary approval numbers on the plans and incorporate the attachadt excerpt of minutes and list of findings and conditions into the bluslins drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Eluslinse Modification required for I Planning Commission/City Councils use Permits No.� Variances No. Resubdivision/Tracts No. Site Plan Reviews No. Amendments No. other Public Workst Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Building Departments Grading Engineer Parks Daoartmants pproval of Landscape Plans Coastal Develoment Peemitmt Approval In Concept (AIC) No74/ . (Notes File 3 sets of plans; site, floor, and elevations) Coastal Development Permits NO. Effective Dates Waiver/Exemptions No. Effective dates NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding your application, please contact me at (714) 644- 3200. FORN8\CONM-fON.COR Rev. 1/93 king Tabulation: 2 Handicap spaces in the front lot (fronting on Newport Blvd) 129 Standard spaces in the front lot 135 Standard spaces in the rear lot (fronting on Via Oporto) 3 Handicap spaces in the rear lot -39. Compact spaces in the rear lot 308 Total parking spaces V/ VIA L1D0 PAPJ(I-IVG Hewicker, Jim From: To: Delano, Ken Webb, Don; LOCKARD; LAYCOCK; JURDI; HEWICKER; EDMONSTON Cc: Riley, Fire; Murphy, Kevin; SCHULLER Subject: Lido Plaza Date: Wednesday, March 15, 1995 12:11PM The market and the Plaza management each have their separate projects going and their several managers have been talking to our several staff members. This morning, Kevin, Don Webb, Rich Edmon and I met with the Plaza management construction people and agreed that we will each have only one point of contact, and that all communication will go through that person even if it is only to set up a meeting with someone else. Because what mostly remains is plan check, Faysal has been nominated to be the City contact person. This will mean that any contact with their people will first be cleared through Faysal. Please confirm your approval of this and I will communicate it to them and, in turn, receive the name of their one contact person and pass it on to Faysal. M Page 1 II m lam, e,&f- . "D 4ov /�j I qa3 ---------------------------- I Z� -- -- 29 f- - rf �•j-rry.� m 3W�3 Vfq Lido Lower & Gradc Level Floor Plan can)Y m W !n p H �, •'� • r 4 I C-1 �0 w xo VIA LIDO 94,0 U DRUG U STE E %Q SF STE 3 A\ 1,115 Future Flower Shop w ('pper Lei el Flour Plan Lido Drug E F rG 792 SF 590 ..SFJ 863 t t Future Flower Shop OTHER TENANTS INCLUDE: Via Lido Drugs Mail Boxes, Etc. Z-Pizza Christel's Boutique Off The Wall Glallery J Vons Flower Shop ziggyIs Optical Washington Cleaners Rachel's Collectibles A Le Midi Restaurant CoF�Pi� P u G3 � MCt.�osTerS�uNIEAseo� � `X;L 59U $(03 �F gltePlanand F1oorPUnsamconcep- Iualandrepresenlandclpatedialouts andsquamlaalages Actualla)outand Tuam Images may change In the fial plans Parking Tabulation: • .i.... _ - �_ 2 Handicap spaces in the front lot (fronting on Newport Blvd) 129 Standard spaces in the front lot 135 Standard spaces in the rear lot (fronting on Via Oporto) 3 Handicap spaces in the rear lot Compact spaces in the rear lot 4. •• •. - ®. , _; 308 Total parking spaces ��f; v� `"~ I.� Y_t� _ �a'C i1 � . _ YI�I",�_ i1 .�i.T..n Y •\ • s!� Y- 'I I 11 tt1 11j 11't \ - �• 4 •" 0 Fv"lnrT ling, "'-A Lipp PARK-.'. a_- . J, Telephone: (7141 644-3200 By: Date: 7-77 Address: RIAL IMNINVCCTIONS Plan Check NO: 4�� By:Christy Teague. Associate Planner Districting Map No. !/ Land Use Element Page No. Corrections Required:/-�7 Legal Description: Lot Block Section Tract Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20,000. Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size /' wwe'dC5p�Ifo Zonek2��'Al Proposed Use Required Setbacks Front Rear P �- Right Side o �IWA� Left Side /SJy�r/`,'g'�'J �r� FAR WORKSHEET Lot area (site area sa.ft.): �! � ..�� /� 3 sq.ft. Base Development Allocation (SDA): Comm sq.ft. [0.5 x site area sq.ft., unless other ise specified in Land Use Element] FAR permitted, without variance: (A) comm res vka Square footage permitted: comm res vka sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) Comm res vka Maximum square footage allowed: comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: 451,5 (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. (E) Maximum FAR use sq.ft. a= (F) TOTAL SQ.FT. [C+D+E] PROPOSED FAR: _4t/ PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category G F sq.ft. 72-c� f� sq.ft. sq.ft. Maximum sq.ft. sq. £t. ��77 aq.ft. Co sq. ft. [,F 8 site area sq.ft. ] Weighting Factor Weighted Sq.Ft. (H) G x -IS i Base X 1.00 oZ sq.ft. Reduced X 1.67 a3a sq.ft. sq.ft. WEIGHTED SQ.FT.(May not exceed BDA) Q c Provide tissue overlay of calculations to verify provided square footage. C�Y Required Parking / .see M*"? X 0.50 Proposed parking (Indicate number of stalls provided) Total on -Site Parking 320 Standard Compact In -lieu Parking Dimension build in gight,as measured from natural grade to average and maximum roof height _ + _.+, Show natural grade line on all elevations ._ 44 _ Show all rooftop mechanical equipment and dimension from grade directly below. Indicate location of trash containers on site plan. ��Number of Stories T1oor Plan fully dimensioned showing all room uses. Plot Plan fully dimensioned showing location of all buildings, fences, ate. in relation to the property line.. Share Contribution a ;))Pjcan Joaquin Hills Transportation Corridor Tea Planes indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committees Indicate Approval No. on Sluelinos Modification required for P ann D4_C. miss+on! ity council: Use Permits No. Variances No. Resubdivision/Tracts No. Site Plan Reviews No. Amendments No. other Public Works: Easement/Encroachment P ermit Subdivision Engineer Traffic Engineer, Approval of Landscape Suildino Departments Grading Engineer Parks Departments Approval of Landscape Plans (Note: Tile 3 sate of plans: site, floor, and sleva Coastal Development Permits No, Effective Dates Waiver/Exemptions No. Effective dates NOTA: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departaents checked above. If you have questions regarding your application, please contact no at (714) 644- 3200. FORMS\CONK-2oN.COA Rev. 1/93 Ih���,�?I(`a�'?'�.a,...s.rrvlla[Ittsllil",HIA"1M1 7.1.1..I�a.L1�1. a4h'• rY^7.5.• 7N1vN,yYr�rk,' 01ry,,G d:W-!N �'�tij� 17111'1:�•I:N IIM..I1L.n 11.n . T\a y .. '141.14...'44 F 1x C W +,1 IHI ' April 7, 1993 Z:W,ard William Ward „• Senor Planner ,`,; • Planning Department t'>.; yn 7•,I7 '&M,OP•NEWPORT BEACH k,•;ry.. g,p 77;,t, Pi?07Nevjport Boulevard odt In u•l l jcwWn•Beach,.CA 92659 ,Re: „ Parking Variance Application [applicants: Newport Via lido.Associates -Owner of 1i71,,,,,.:, , Via Lido Plaza Shopping Center, 3471-Via Lido gt"c— Newport Beach, CA and 503 Lido Partners, Ltd..- Owner II of two story office building at 503 -32nd Street, Newport Beach, CA Reoresematives: Donald J. Howard for Newport Via Lido Associates ("NVLA") and Jack Jakosky for -503 Lido Partners,? . Ltd. ("503 Lido) ;•,: Dcar Mr. Ward: With regard to the attached Parking Variance Application, this letter will serve as the background information for the Parking Variance requested by the above referenced Applicants. The office building located at 503 - 32nd Street (the "503 Building") was originally constructed by John Mason, who acquired the land from the Griffith Co., also the predecessor owners of Via Lido Plaza. The publicly dedicated v, streets surrounding the 503 Building, Via Malaga and Via Opporto, were :+ originally private streets, also controlled by the Griffith Co., at the time the 503 Building was originally constructed. During the mid to late 1960's these two streets were publicly dedicated, which resulted, in effect, In eliminating the exclusive on -street parking for users of the 503 Building. Consequently, a tri. party parking agreement Involving Via Lido Plaza, the 503 Building and the City of Newport Beach was structured to provide off-street parking on the Via Lido Plaza parking lot for certain users of the 503 Building. 1l� i; Mr. Ward William Ward April 7, 1993 Page 2 The formal agreement entitled "Off-street Parking Agreement (property Iocaited at 503 1 32nd Street, Newport Beach) (the "503 Parking Agreement") -li'eCame;effectIve on March 5, 1968 by and between the predecessors in interest "'`oFNV1A 503 Lido and the City of Newport Beach. The 503 Parking Agreement Festablished what was essentially a parking variance through the granting of a ,, '''spa f b'Y', ertain u ers of the 503 Building (the amount of spaces was detking easement on Via Lido Plaza for the non-exclusive use of 24 ermined ' "th'? tfiE;n'City's, Parking Code for office space factored at 1 space per 250 f, :l s bare feet on a total gross bulling square footage of 6;000 squarrfect): y 6�i aril trd 7�r,, k. The $03' Paiing'Agrecment coristltutes what is tantamount to a variance rS?: sine file 24'parking •spaces arerestrited In the Agreement to use•only'by the ti'viriei otthe 503 Building and'ivstomers and business invitees of the tenants of the 503 Building. Specifically, Paragraph 11 of the 503 Parking Agreement reads tfl5 f0110Ws: "Paragraph 1. For so long as the office building presently located r on Parcel A (the 503 Building) continues to exist. Company agrees Y. to make available twenty-four (24) parking spaces located on Parcel B (Via Lido Plaza) for the personal use of the owner in fee of r^ Parcel A and for the use bymistomen and business invitees of the tenants or occupants of said office building. The parties hereto ;•;;,,, agree that the right to use said parking spaces is nonexclusive and it shall = include the right of personal,of said spaces for parking by lessees, tenants or occupants or Sala buu0mg or [aelr employees • except in so far as such person or persons are also the fee owners of Parcel A." (*Underlining and parenthetical additions are added for emphasis or clarification and are not a part of the original document language for Paragraph 1.) The 503 Parking Agreement does not provide for parking on Via Lido Plaza by the most frequent users of the 503 Building, namely, the tenants and employees officed at the 503 Building. Rather, they must seek parking on the metered City street parking surrounding the property (i.e., Via Malaga, Via Opporto and 32nd Street). The net result of this parking variance is that the burden of longer term employee and tenant parking Is being borne by the City ;., . streets on Via Opporto, Via Malaga and 32nd Street while the shorter term parking burden of the building owner and customers and other business invitees is being borne by Via Lido Plaza, The City could also be negatively impacted 1� Mr. Ward William Ward April 7, 1993 Page 3 due to the close proximity of the City Hall's parking lot to the 503 Building which could;faellitate unauthorized parking by users of the 503 Building (which, Incidentally, h.almost impossible to control on a daily, basis). Both 503 Udo and ,, • NVLA, are In agreement that this is an untenable situation requiring an immediate resolution so that the original intent of the 503 Parking Agreement >l ;, can•be,implemented in a more equitable manner. The above circumstances present a hardship to the applicants"wJth a negative impact, on their Individual property rights. e parking.' ante t. •r p,pyided,in;the 503 Parking Agreement Is not consistent with the actual day to �'^ `• da ar doB needs of the 503 Building and Via Udo Plaza. Consequently, the k,✓}, Y P applicants are recommending to the City that the current parking variance for the .503; Bpild(ng.be amended to more equitably distribute the responsibil(ty,for the oft s{reef parking requirement of the 503 Building among the City, 503, Lido, and +. NVThe applicants recommend the following LA. 9*1�., 1W, The parking variance in the 503 Parking Agreement should be t , amended by reducing the number of required parking spans for the parking easement for the 503 Building on the Via Udo Plaza parking lot from 24 to 12, which more accurately reflects the ' current pattern of tenants and employees using the spaces rather than customers and business invitees of the 503 Building as stipulated currently in the 503 Parking Agreement 2. The parking variance in the 503 Parking Agreement should be amended by stipulating that the 12 spaces required on the Via Udo Plaza parking lot not be limited to any particular We of user of the 503 Building to avoid the current level of confusion over who is authorized to park in these spaces. However, since 503 Udo will be instructing customers and business invitees of the 503 Building to park on the adjacent streets surrounding the 503 Building, It will serve to eliminate the inconvenience of forcing customers and business invitees to park a great distance from the building by shifting their parking requirement to the metered street parking on Via Malaga, Via Opporto and 32nd Street. 14 Mr. Ward William Ward April 7, 1993 Page 4 ' In sum, the advantage for the City, NVLA.and 503 Lido of the above described amendments to the existing 503 Parking Agreement parking variance • ' is that the current requirement of twenty-four (24) "restricted" use spaces would be replaced by twelve (12) "unrestricted" use,spaces thereby significantly reducing the confusion for all parties for the long-term;; The requested amendment to IN w ; parking variance will noticreate,any adverse impacts upon the community apd e t surrounding neighborhood, but to the contrary, will significantly improve the' parking artangements for the applicant and members of the public that utl1iz4' *' yoth Via Lido Plaza and the •503 Building.: If you need ani,additional information, please let me know and.1t is my understanding that by ffling this variance application on or before April 12;•Y993, we will be qualified,to'be placed 9n,the Planning Commission agenda for May 6, 1993. Thank yop_•fof yoar,8opera'tlon in reviewing this application and we.-.-, look forward to discussing'' tbis-further with'Siaff and the Planning Commission. Sincerely, 419- Alva� Donald J. Howard Executive Vice President DJH:ab Enclosure cc: Kevin Murphy Jim Hewicker Jack Jakosky Application History and Chronology for the •''° Via Lido Plaza Shopping Center and Office Building at 503 32nd Street August 5, 1993 On April 1, 1954 the former owner of Via Lido Plaza sold property located at 503 32nd Street with a letter agreement stating that the seller would provide sufficient off-street parking spaces to meet the City's zoning requirements in nearby parking cS' x tv, ,r areas in their control. It is note) that at the time, the property at 503 32nd Street was bounded by private streets with curbside parking which the seller intended to use to accommodate a considerable amount of the required parking spaces. (Attachment No. 1) 2 According to the Orange County Assessor's records, the property at 503 32nd Street a�� • was developed with a 6,160 (gross) square foot commercial office building in 1954. r, (Attachment No. 2) At the time of construction, the City's parking requirement for 'S4 ; office buildings located in the C-I-H District was one parking apace for each 500 } '} square feet of floor area which would have required 13 parking spaces (6,160 sq.ft. Q > + 500 sq.ft.-12.32 or 13 spaces) (Attachment No. 3) ?r4','• 3. On August 20, 1956, the private streets were dedicated to the City which mad e the "ix + existing curb side parking spaces public parking and eliminated the possibility of ' using such parking for private purposes. (Attachment No. 4) 4. On April 18, 1963, the Planning Commission approved Variance No. 741 which p�k waived the required parking for the existing theater located within the Via Lido -' • Plaza Shopping Center, Said waiver was granted on the basis of a shared parking Fr relationship between daytime office and retail uses and the nighttime theater use. Attachment No. 5) 5, On March 5, 1968, the City approved an off -site parking agreement which obligated the owner of Via Lido Plaza to provide 24 parking spaces in accordance with the letter agreement mentioned in No. 1 above. At this time, the City's parking requirement for office buildings had changed to one parking space for each 250 square feet of net floor area which would have required 24 parking spaces (6,000 sq.ft. + 250 sq.ft.- 24 spaces). Even though the parking requirement for the building at 503 32nd Street was only 13 spaces at the time of construction, the approval of this off -site parking agreement provided 24 parking spaces. However, the language contained within the parking agreement restricted the use of the parking to "customers and business invitees of the tenants or occupants of said office building." (Attachment No. 1) 6, On April 1, 1976, the Planning Commission approved Resubdivision No. 516 which permitted the establishment of a single building site and the elimination of interior lot lines where portions of four lots and an abandoned alley existed, so as to permit Interior and exterior remodeling at the Via Lido Plaza complex. In conjunction with Resubdivision No. 516, the property owner dedicated a triangular parcel of land at the southwesterly portion of the site to the City for future roadway purposes. In exchange, the City permanently waived a requirement for 11 parking spaces. (Attachment No. 6) 7. On August 5, 1976, the Planning Commission approved Use Permit No. 1799 which permitted the construction of a take-out restaurant in Via lido Plaza. The Planning Commission waived all but 14 of the 43 required parking spaces inasmuch as Via Lido Plaza did not experience a parking problem except for unauthorized vehicles using the lot. The total on -site parking requirement was thus 284 spaces (281 previous - 11 waived + 14 added = 284). (Attachment No. 7) 8. On November 3, 1977, the Planning Commission approved an amendment to the previously approved Use Permit No. 1799 so as to permit the service of beer and wine in conjunction with the restaurant use. The take-out portion of the facility was deleted at that time and there was no change In the requirement to provide 14 parking spaces for the restaurant. (Attachment No. 8) 9. On August 19,1982, the Planning Commission approved a second amendment to Use Permit No. 1799 which permitted a 350 sq.ft, increase in the "net public area" of the restaurant for a total of 1,050 sq.ft. of "net public area". The Planning commission required that 1 parking space be provided for each 50 sq.ft. of "net public area" of the restaurant, resulting in a parking requirement of 21 spaces for the facility (1,050 sq.ft. + 50 = 21 spaces) an increase in 7 spaces from those previously required. Total required parking for the site was thus 291 spaces. (Attachment No. 9) 10. On October 22, 1987, the Planning Commission approve the following use permit applications involving proposed businesses in Via Lido Plaza: I Tqe Permit No. 3284 (Rocko's Cuisine) which permitted the establishment of a take-out restaurant facility with on -sale beer and wine and seating on the inside of the restaurant building and outside in a common courtyard. Ilse Permit No. 3296 which permitted the establishment of a "gourmet" take- out restaurant with incidental seating and on and off sale of beer and wine. tl"� Permit No. 3297 which permitted the establishment of a take-out restaurant with incidental seating specializing in frozen dessert.% and baked goods. Based on the parking requirement for take-out restaurants us set forth in Section 20,30.035 B of the Municipal Code, the above applications resulted in an increased parking requirement of 65 spaces, 21 of which were attributable to Rockes Cuisine. �. The applicant submitted a parking study which indicated that lazge numbers of Yy parking spaces were available in the parking lot, with a minimum of 87 parking spaces available during the peak usage period, which was found to be a Friday at It00 p.m, no Planning Commission thus voted to waive any requirement for ?!!, additional parking. it 6" Neemhet 14, WhIl the UiFnuneil anted to dellq We Permit No; 5196 and tit cueinin 11101101111% of 141116111111ia Olmlllilthmll ttaiihlma I)ka 11OV1114 Nu, AAA Wail !.. Uht lknnil No, Ml (Allaehluml Not 10) ` The Coastal Commission subsequently dented approval of Use Permit No, M?, and approved Use Permit No. 3284. The Coastal Commission also required that 15 • additional parking spaces be provided. This results in a total parking requirement k�` • of 306 parking spaces for the site, not including the 11 spaces at the southwesterly 3 comor of the aito which wore oliminalod (291 roviouFly roquirod + 15 roqu(rod by Coastal Ct),unllssion ■ 306 spaces), In order to provide the required parking I•'lN spaces, it was necessary to re-sidpe the parking lot and to amend Use Permit No. 3284 so as to provide compact parking spaces as a portion of the required parking. fS." (Attachment No. 11) l'+a Ay 11. At Its meeting of August 4, 1988, the Planning Commission approved Use Permit No. L ;;•> 3284 (Amended), a request to amend the previously approved use permit which • , permitted the establishment of a take-out restaurant on the subject property. The amendment included a request to delete Condition No. 11 of the original use permit so as to allow the restaurant the exclusive use of a portion of the common patio so included a change in the operational characteristics seating area. The proposal al i".• of the take-out restaurant use so as to allow the use of compact parking spaces for ;• •4'' a portion of the required off-street parking. The original use permit did not provide 4ry; for the use of compact spaces. Furthermore, the Coastal Commission requirement for exclusive use seating conflicted with the existing Condition of Approval No. 11 q, of Use Permit No. 3284. The restriping of the parking lot, resulted that a maximum of 77 of the on -site parking spaces (25915) would be provided as compact parking. The existing parking lot currently provides 54 compact parking spaces, 5 handicapped parking spaces and 260 standard parking spaces for a total of 319 spaces. It appears that the August 4, 1988 staff report for Use Permit No. 3284 (Amended) was where the off -site parking agreement involving the property at 503 32nd Street and Via Lido Shopping Center was first mentioned in conjunction with the consideration of a discretionary application within the Via Lido Shopping Center. The staff report stated, "On March 5, l96$ the owners of a portion of die subject property entered into an agreement with the owner of Ilia office building at 503 32nd Street whereby 24 parking spaces on ilia subject property were to be provided far the use of the office building in perpetuity. However, because the building was considered to be legal, nonconfamung with regard to parking, the 24 spaces have not traditionally been Cl .,' . Included in the total required parking for the site." (Attachment Na. 12) .'N . ,Y,ify :ro.;;iN :gp:6'," e J y AyKi..yslttd'.WA �.J. U. , CITY OF NEWPORT BEACH D= RO BOX 1768. NEWPORT BEACH. CA 92659.1768 DATE: 1714 1943 y _ ! BUSINESS PHONE: FAX NUMBER: e.�il �9y9 RE: (_'MICAG-0 COEORT (114 L00 A,>WC• S THE FOLLOWING DOCUMENT IS FROM: ,�s�.;• SIamE3S . O1TY OF NEWPORT 'DBEACHNEcylcKeR 3300 NEWPORT BOULEVARD t> NEWPORT BEACH, CA. 92663 C ry PHONE NO.: ((714 FAX NO.: (7143644-3250 N0. OF PAGES: 2 /AJC•LUD1A Q- COVER SPECIAL (2E : DER�SITIOA) 6F �AmsS INSTRUCTIONS: p• ►4E:LJIC10E:e — NIS Z)97'E. Exl4I rr 2q PAGE 3 FQ=P4 LINE Fp4r7'l gCS"TTdrrl - CiiAAF ()SE 'PEQ(Arr 198!/ `TO 121=AID 1):sK 'PERmir 3761 3300 Newport Boulevard, Newport Beach ; - Prc jcct Descripdom - - Property Profile Tenant Stu: _ Demographics: .. . VIA 1100 PLAZA . V � BttlYLngG' ` "' Building t ca I l= as • Planning Commission Fleeting March 24. 1994' Agenda item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT! '_Yp an *No. 1�82 (Continued Public Hearin4 'Al "• 't•'"'r Request to reduce the number of required off-street parking -spaces' ' tit 11, ...•,..""• 'lvhichlre provided for an existing office building located at 503 32nd '"" A -oo' t "'"'"' gtreef and'which are located at an off -site location at the rear)of thd' Under Via Lido Plaza Shopping Center. the existing' parking' arrangement, 24 restricted, parking spaces are provided to the customers and business invitees of the office building. The ap"plica6te propose to reduce the number of required off-street parking spaces to 12 and remove the existing use restriction so as to allow tenants and employees of the office building to also use the off -site parking spaces: The proposal also includes a request to amend a previously approved "' • off -site parking agreement consistent with the revised parking figures! I:UCATION:' Parcel 1 of Parcel Map 85.1(Resubdivision No. 516), located 3471 Via Lido, on the southwesterly corner of Via Lido and Via Oporto (parking site); and Lot 6, Tract No. 907, located at 503 32nd Street, on the northeasterly corner of 32nd Street and Via Oporto (office building) in Central Newport. ZONE: RSC-H APPLICANTS: Newport Via Lido Associates, Orange; and 503 Lido Partners, Ltd., Newport Beach OWNERS: Same as applicants 6ppumlion The applicants are requesting approval to reduce the number of required off-street parking spaces which arc provided for an existing office building located at 503 32nd Street and which are located at an off -site location at the rear of the Via Lido Plaza Shopping Center. Under the existing parking arrangement, 24 restricted parking spaces are provided to the customers and business Invitees of the office building. The applicants propose to reduce the number of required off-street parking spaces to 12 and remove the existing use restriction so as to allow tenants and employees of the office building to also use the off -site parking spaces. The proposal also Includes a request to amend a previously approved off -site parking agreement consistent with the revised parking figures. Variance procedures are set forth In Chapter 20.82 of the Municipal Code. TO:, , Planing Commission -2. Environmental ficance n�Y 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 v ili the General Plan and meal Coastal Pr_ o= 1, t i The parcels arc located in an area which is designated for "Retail and Service Commercial" uses by the Land Use Element of the General Plan and Land Use Plan of the Local Coastal' program, . This land use category allows for retail and office usage. Inasmuch as the application does not involve any increase in the existing gross square footage of the strgclures, this application is consistent with those guidelines. The maximum Floor Area iatfo,permitted on these sites is 0.5/0.75. c hi ce t prooerty and C�rroundina and tas • 'Do larger of the two subject properties (the shopping center property) is bounded by Newport. Boulevard, Via Lido, Via Malaga and FinlcyAvenue; the second property (the office building site) is located on the northeasterly corner of 32nd Strect and Via Oporto. To the north of the subject properties, across Via Lido are commercial and office uses; to the cast, across Via Malaga is the Lido Building and St. James Church; to the south, across 32nd Street is a parking lot and the former Bank of Newport building; and to the, west,• across Via Oporto, is City Hall. `rf' 3lackgl+v+n11 l% The structures on the Via Lido Plaza site were constructed over a period of several years, commencing prior to 1960. 1. On April 1, 1954 the former owner of Via Lido Plaza sold property located at 503 32nd Street with a letter agreement stating that the seller would provide sufficient off-street parking spaces to meet the City's zoning requirements in nearby parking areas in their control. It is noted that at the time, the property at 503 32nd Street was bounded by private streets with curbside parking which the seller intended to use to accommodate a considerable amount of the required parking spaces. 2. According to the Orange County Assessor's records, the property at 503 32nd Street was developed with a 6,160 (gross) square foot commercial office building In 1954. At the time of construction, the City's parking requirement for office buildings located in the C-1-H District was one parking space for each 500 square feet of floor area which would have required 12 parking spaces (6,OOOx sq•ft.r + 500 sq.ft.. 12 spaces). ri �v: r For purposes of determining the parking requirement exterior wells and mechanical rooms ere excluded and stairways are counted only on one level which results in a reduction in the square footage. TO; Planning Commission -3: t t Y 3.., . •On August 20, 1956, the private streets were dedicated to the City which made e existing curb side parking spaces public parking and eliminated the possibility of using such parking for private purposes. �f,;• •;, 4. On April 18, 1963, the Planning Commission approved Variance No. 741 which waived the required parking for the existing theater located within the Via Lido Plaza Shopping Center. Said walver was granted on the basis of a shared parking relationship between daytime office,and retail uses and the nighttime theater use. F; ! "r 5. On March 5, 1968, the City approved an off -site parking agreement which obligated the, owner of Via,Lido Plaza to provide,24 parking spaces in. accordance with the Rl. blotter,agreement.mentioned in No. 1 above. At this time, the Ct a parking requirement for office buildings had changed to one parking space for each 250 .,.square feet of not floor. area which•would have required 24 parking spaces (6,000 ); . •, a sq,ft. +. 250 sq.ft,-, 24 spaces). Even,though,the parking requirement for the building at 503 32nd Street was only 12 spaces at the time of construction, the I,t approval of this offsite parking agreement provided 24 parking spaces. However, �,; „•,,; . ,the language contained within the parking agreement restricted the use of the parking to "customers and business invitees of the tenants or occupants of said office .' building." Y• f • „�tRtr Y£ "•`1 6. On April 1, 1976, the. Planning Commission approved Resubdivision No. 516 which .+• permitted tho•establishment of a single building site and the elimination of Interior lot lines where portions of four lots and an abandoned alley existed, so as to permit j; interior and.exterior remodeling at the Via Lido Plaza complex. in conjunction with Resuiidivision No. 516, the property owner dedicated a triangular parcel of land at the southwesterly portion of the site to the City for future roadway purposes. In exchange, the City permanently waived a requirement for 11 parking spaces. 7. On August 5, 1976, the Planning Commission approved Use Permit No. 1799 which, permitted the construction of a take-out restaurant in Via Lido Plaza. The Planning Commission waived all but 14 of the 43 required parking spaces inasmuch as Via lido Plaza did not experience a parking problem except for unauthorized vehicles using the lot. The total on -site parking requirement was thus 284 spaces (281 previous • 11 waived + 14 added = 294). 8. On November 3, 1977, the Planning Commission approved an amendment to the previously approved Use Permit No, 1799 so as to permit the service of beer and wine in conjunction with the restaurant use. The take-out portion of the facility was deleted at that time and there was no change in the requirement to provide 14 parking spaces for the restaurant. 9.. On August 19, 1982, the Planning Commission approved a second amendment to Use tted a 350 sq.ft. increase in the "net public area" of the Permit No. 1799 which permi restaurant for a total of 1,050 sq.ft. of "not public area". The Planning Commission required that 1 parking space be provided for each 50 sq.ft. of "not public area" of .t«:' the restaurant, resulting in a parking requirement o[21 spaces for the facility (1,050 TO, Planning Commission -C •sq.ft. + 50 - 21 spaces) an increase in 7 spaces from those previously required. Total required parking'for the site was thus 291 spaces. - 10. On October 22, 1987, the Planning Commission approved the following use permit applications involving proposed businesses in Via'Lido' Plaza. " dit Ilse Permit No. 3224 (Rocko's Cuisine) which permitted the establishment of a take-out restaurant facility with on -sale beer and wine and seating on the inside of the restaurant building and outside in a common courtyard. Use Pehmlt No 3296 which permitted the establishment of a "gourmet" take- out restaurant with incidental'seating:and on and off sale of beer'and wine. lkrJ,ot • • Uae Permit No 3297 which permitted the establishment of a, take-out restaurant with incidental seating specializing in frozen desserts and baked goods. Based on the parking requirement for take-out restaurants as set forth IwSectlon 2030.035 B of the Municipal Code, the above applications resulted in an increased parking requirement of 65 spaces, 21 of which were attributable to Rocko's Cuisine. " The applicant submitted a parking study which indicated that large numbers of parking spaces were available In the parking lot, with a minimum of 87,parking spaces available during the peak usage period, which was found to be a Friday at 1:00 p.m. The Planning Commission thus voted to waive any requirement for additional parking. On December 14, 1987, the City Council voted to deny Use Permit No. 3296 and to sustain the actions of the Planning Commission regarding Use Permits No. 3284 and Use Permit No. 3297. The Coastal Commission subsequently denied approval of Use Permit No. 3297, and approved Use Permit No. 3284. The Coastal Commission also required that 15 additional parking spaces be provided. This resulted In a total parking requirement of 306 parking spaces for the site, not including the 11 spaces at the southwesterly corner of the site which were eliminated (291 previously required + 15 required by Coastal Commission - 306 spaces). in order to provide the required parking spaces, it was necessary to re -stripe the parking lot and to amend Use Permit No. 3284 so as to provide compact parking spaces as a portion of the required parking. 11. At its meeting of August 4, 1988, the Planning Commission approved Use Permit No. 3284 (Amended), a request to amend the previously approved use permit which permitted the establishment of a take-out restaurant on the subject property. The amendment included a request to delete Condition No. 11 of the original use permit " so as to allow the restaurant the exclusive use of a portion of the common patio seating area. The proposal also included a change in the operational characteristics "' of the take-out restaurant use so as to allow the use of compact parking spaces for TO: Planning Commission -5. , + �.'�w„; •; ; +a portion of the required off-street parking. The original use permit did not provide for the use of compact spaces. Furthermore, the Coastal Commission requirement ,+ ,for exclusive use seating conflicted with the existing Condition of Approval No. 11 * , • of Use Permit No. 3284. The restriping of the parking lot, resulted that a maximum of 77 of the on -site parking spaces (25%) would be provided as compact parking. The existing parking lot currently provides 54 comppact parking sPpaccs, 5 handicapped parking spntvts and ati0 standard phrkinp epaftil lilt it hull of SI9 nphem W At appears that the August 4, 1988 staff report for Use, Permit No, 3284 (Amended) was where the off -site parking agreement involving the property at 503 32nd. Street and Via Lido Shopping Center was first mentioned in conjunction with the i�;t• t,•,. ,-,consideration of a discretionary application within theVia I-ido,Shopping Center., wv.j ,The staff report stated, "On March S, 1968, the awners of a portion of the•,rubject r. r+•+rllroperty, entered Into an agreement.with•the owner of the office building at 503 32nd t, i1 ;nIS(reet whereby 24. parking spacer on the subject property,were lobe provided for the use ofdhe office budding In perpetuity.• However, because the building was considered to be `f^"'' ,•,1 •; 'lega4 nonconforming whit regard to parking, the 24 spaces have. not traditionally been t""{c Included in the total required parking for the sfte." k. ". 12. �At its meeting of February 12,1990, the City Council approved Council Agenda Item. F-3(a), a request to authorize the Mayor and City Clerk to execute an agreement ++` with Newport Via Lido Associates regarding the Via Lido, Plaza Parking Lot i•: Reconstruction Agreement. Said agreement reduced the original waiver o parkng spaces in conjunction with the widening of Newport Boulevard from 11 spaces, to 6 spaces and further reduced the required on -site parking by 13 spaces by excluilltig 3,238 sq.ft. of mezzanine area, located above the market, from the parking requirement calculations. In accordance with the terms of the agreement the total parking required for the on -site uses was 287 spaces. 13. At its meeting of April 19,1990, the Planning Commission approved Use Permit No, 3378, a request to permit the establishment of a retail flower shop with outdoor display within the Via Lido Plaza Shopping Center. The Planning Commission in its approval required that a minimum of two additional parking spaces be provided for the new flower shop. As a result, the total parking required for the on -site uses increased to 289 parking spaces. Inasmuch at 319 parking spaces existed at that time, there appeared to be a surplus of 30 spaces on the site. 14. The total parking requirement for the Via Lido Plaza stands at 289 spaces. However, in conjunction with the review of said application, the Planning Department has determined that the statement made in the staff report for Use Permit No. 3284 (Amended), dated August 4, 1988 was incorrect in two respects. First, the office building at 503 32nd Street would now be considered legal nonconforming with regards to the off-street parking requirement, inasmuch as the Zoning Code required 12 parking spaces for the building at the time of construction (See Item No. 2 above). Secondly, although it is true that up until 1988, the 21 parking spaces for the office building at 503 32nd Street were not Included In tite tt';:+ total parking requirement for the site, such an exclusion was Improper Inasmuch as rt. TO: Planning CommLssion -6✓ " iYr• the March 5, 1968 parking agreement allocates 24 parking spaces within Via Lido Plaza for the office building at 503 32nd Street. Therefore, the actual surplus of parking in Via Lido Plaza was only 6 spaces when the parking lot was striped with " 319 parking spaces. " i5i'-'At•Its•meeting of June 10, 1993,"the•• Planning• Commission continued this item (Variance No. 1187) to its next meeting, at the request of the applicants..;At its meeting of June 24,1993, the Planning Commission removed this item from calendar, il''"ai'iet(ttested by the applicants, so as to allow lhe'applicants additional time to i "i'•'resolva'issues regarding the parking,lot allocation. • ; 16P;'I',AtAts•meeting'of De ember,28, 1993,:tbe-Modifications Commtttea approved "'','1"Mo'dification, No. 4160, a rcg6est'to'•permit. the+establishment of a,specially food 1''i`•1• 'establishment -on -the subject'property.''Among,the conditions of approyallwas a >"' Ipspeciftc conditfbn'regarding restriping•the•southeasterly corner of tho:parking lot for ' ',R additional parking spaces which were•ndt striped whew the overall parking -lot was recently restrlped'(sce attached Modification letter). There is also a series of poles and chain which restrict parking in this area of the parking lot. 17:'0' -At its meeting of March 10,1994, the Planning Commission voted (4 Ayes, 3 Absent) •.. to continue this matter to the Planning Commission meeting of March 24, 1994 as "requested by the•applicants. m t. Variance Not -Required Y I}�n �:;inur. • •,.*�'��� As"noted above, the 503 Building was constructed in the 1960'a when the parking re4tliretnent was based on one parking spaces for each 500 square feet of floor area. The rr•• subject 503 Building would therefore have required 12 on -site parking spaces to lEl• accommodate the approved building. Parking requirements have since changed to require one parking space for each 250 square feet of gross floor area. The building was therefore :•- rendered nonconforming with regard to parking. Inasmuch as the building waz not originally built with 24 parking spaces but was provided with 12 off -site parking spaces on the neighboring Via Lido Plaza parking lot, the City Attorney's Office Is of the opinion that the proposed revised off -site parking agreement to provide 12 parking spaces in the Via Lido Plaza Shopping Center is consistent with the parking requirements in effect at the time o the construction of the 503 Building. Therefore, a variance is not necessary nor appropriate for the waiver of parking spaces for a nonconforming building unless the nonconformity is being�increascd or enlarged. ;; As currently striped, the Via Lido Plaza parking lot now provides only 308 parking spaces throughout the subject property as follows: r.: , • TO: Planning Commission -7. ,I•:.-;�ru„ � `� •, ,,n. ,. ' ', i Parking Tabulation: 2 Handicap spaces in the frontlot (fronting on Newport Blvd) nr 129 Standard spaces in the front lot 135 Standard spaces in the rear lot (fronting on Via Oporto) 3 Handicap spaces in the rear lot '•� Q act �ar�. in tho rear_ lot_(12.7%) 308 Total parking spaces The staff determination that the 503 Building only requires 12 parking spaces as required c at time of construction results in a surplus of 7 parking spaces for the shopping center (308 ` -spaces •,289,required - 19 spaces • 12 spaces for 503 Building - 7 space surplus). Specific Finding and Recommendations Inasmuch as a variance is not required for the waiver of parking spaces for a non. t •cbnforming•building,,ndaction on the variance- Is necessary. However, it is recommended that the applicants revise the proposed offsite parking agreement to provide the 12parking spaces for the benefit of the 503 Building in perpetuity, with final approval by the City Council,1 as set forth in the attached Exhibit "A". No exhibit for denial has been provided jinasmuch as the existing off-street parking situation has been in place for a number of years and has not presented a problem In the past. PLANNING DEPARTMENT DAMES D. HEWICKER, Director By to r Cu Javi r S. Garcia Senior Planner Attachments: Exhibit "A" Vicinity Map Approval Letter for Modification No. 4160 Letter from the Applicants Describing the Request Plot Plan/Parking Tabulation of Via Lido Plaza P \..\JAY\VAR\V I I67Sa3 TO: Plana- Commission -7f and general welfare of persons residing or working in the neighborhood of the• irf r property of the applicants and will not under the circumstances of the particular case be materially, detrimental to the public welfare or injurious to property improvements in the neighborhood. yl"o:' The applicants have submitted.the attached' letter to support the request of the variance to. reduce -the required number of parking spaces. CN, Otf Street P�rkinRRsnuirements tttlici . The Municipal Code requires one parking space for each 250�sq.ft. of -floor area for an ,1' i office%retall -building., •Asmoted above; the 6,000 sq,ft. building located at 503 32nd Street, Would'thcreforei require:24,parking,spaces (6,000 sq.ft +,250 24 spaces). •Staff has rh?t observed the parking demand for the subject building for the past several years. It appears that the existing tenants (a vacant tenant space, a photography studio, and an.architect'p U` ?' office on the first floor, and general office uses on the second floor) have maintained a low ?«: ¢arking'domand, and reducing the required number of parking spaces from 24 spaces to 12 N)i,f i spices would not create a problem under existing occupancies in the building. Tenants of. ' i;' • th!'bullding currently park their vehicles on the Via Lido Plaza parking lot, even though they existing parking agreement stipulates that only customers and business invitees utilize the off -site parking spaces. ;'�r' .,{,� • However, the City Traffic Engineer is concerned that the proposed reduction in parking spaces may result in an inadequate number of parking spaces in the future if the tenants »'."� change and commercial uses with higher parking demands occupy the building (such as a ' j1( }ftA;v; realtor's office or an insurance company). In the past, the subject building was utilized by the City's Building and Planning Departments. Although City staff was not permitted to }C • - park their vehicles on the Via Lido Plaza site, the off -site parking lot was heavily used by the public visiting the offices and the counters. For this reason, the City Traffic Engineer has su¢acsted that the number of parking spaces available for the subject commercial building remain at 24 spaces. As currently striped, the parking lot now provides only 308 parking spaces throughout the subject property as follows: Parkiny Tabulall 2 Handicap spaces in the front lot (fronting on Newport Blvd) 129 Standard spaces in the front lot 135 Standard spaces In the rear lot (fronting on Via Oporto) 3 Handicap spaces in the rear lot __a2 rQMpgcf spices in the rear lot (127%a) 308 Total parking spaces This revised number of on -site parking spaces results in a current deficit of 5 spaces (308 ';•, spaces - 289 required - 19 spaces - 24 spaces for 503 Building - 5 space deficit). If this ;',: variance is approved, the deficit will change to a surplus of 7 spaces. Pla• g Commission -S.t'• n:.; •,imtnr; t :tc"', ::P! v Parking,l t obstructions andiRestriplum ,,. • :'.•'t ••• '• DOI . . , W. •, 4 t•),:n • W :n.. 4•v : . ..• , As mentionedpreviously,14h4 parking.lot•was,resttipedtand,the,southeasterly,portion was not restriped. The property managemeanhassahio lnstalled•poles and chain which restrict access to a portion of the area which should be made available for the parldng of additional vehicles,:, Modification, Noa4160nyas approvedlodthetconditions that that portioq,of the' parking lot be restriped to provide a minimum.of. 6 additional parking spaces and!that•the• poles and chain be removed. Staff is of the opinion that since this has not yet been accomplished, the same conditions of approval should bodmposed, on this applicadomin, order to provide the maximum number of parking spaces the property can support. Staff has no objection-totperiodlo:temporary userpf;tho'poles:andchitin during:periods.whon eventi ducti as boat parades•and!boaWimm makelcontrol of thetparking lot more:ditficult., Thd appropriate condition of approval harbeen incotporatedtinto the•gttached,Exhlbit "A1. . 4:.. •nil +nl nlbinul /7•, Jn• •inl :. 4,n ni •!, .. .,„...; i:Li'J(I(jl. 'I •:• ,; i41 is !J, l ,Sy�•'tft4 Findlnvc and Rccommendation±:.rJr.,p: trt. •• ., :n:., t. t ' • • + ::�. ':••I: viol,, 6•,r•it'm J• : ou •nN, Should -,the Planning Commission: wish), to: approve,, thisf!application, the tfindings, and, donditionslset forth'in'the attached. Exhibit "A" -are suggested. Should the Planning Comfalssion wish to deny this application; the findings set forth in the attached Exhibit "B" arelsuggested. ' PLANNING DEPARTMENT JAMES D. HEWICKER, Director Javier S. Garci Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Approval Letter for Modification No. 4160 Letter from the Applicants Describing the Request Plot Plan/Parking Tabulation of Via Lido Plaza F;\... \VAR\V11x7.SR *. • .+ a `_ ;,:: • :: '. ...; .�, . ',�, i.. TO: Maiming Commission IT EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR OFF -SITE PARKING AGREEMENT' Eindines: , 1. The off -site parking area is located so as to be useful to- the 503 Building. 2, That the applicant has entered into an appropriate lease for the off -site parking 4•.•,, spaces, which is of sufficient duration for the proposed development. 3. That parking on such off site lot will not.craate: pnduo traffic hazards in. the surrounding area. Ili>>n-That -the proposed development: shall be in conformance -with the 'ta, + • -;approved plot plan, except as -noted below. • 0.1 ,- .1 That a minimum of 12 parking spaces shall be provided on the Via Lido Plaza site for the exclusive use of the tenants and customers of the office building located at 503 32nd Street (503 Building). ` �•• 3. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 12 parking spaces shall be provided'off-site on the Via Lido Plaza property for the duration of the existing use on property located at 503 32nd Street (503 Building). 4. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. a Tp Planning Commission-6.? r„=i..=;:;m=', :• ..r nt Improper Inasmuch as the March 5, 1968iparldng agreement allocates 24:parking spaces within Via Lido Plaza•for the office building at 503 32nd•Street.. Therefore, the actual surplus of parking in Via Lido Plaza was•only,6 spaces when the,parking -lot was striped with 319 parking•spaces. .• :,.•_.. . 15. At its meeting. of June 10, 1993, the, Planning Commission continued this item (Variance No. 1187) to its next,mecting, at'the request of the applicants.,,At its meeting of June 24,1993, the Planning Commission removed this item from calendar, as requested by the applicants; so, asIWallow the applicants additional, time to •resolve issues•regardingthe parking louallocationr+•• 16. ' • At As - meeting bf December i28p19931,,the=Modifications Committee approved =Modification•No. 4160, a,request'•to�permlt•+the establishment,of•aIspecialry food 1•++-' gsfablishmont on the subject =propertya'-Among-the conditions of;approval,was a specific condition regarding•restriping the southeasterly corner -of the parking lot for recontlyre trip dt (see attttached,Modification les which'were tter).hThere.is also a en theovemll series o£ pollot e and chain which restrict parking In- this area of the. parking lot. The chains are discussed later in this report. AIIo1xs15 to reduce the number of ryesIsiated uired off-street spaces pants whichare are requesting for anexisting office building located q parking Plazri+ShodPPg pinCenter. neet and aa re Ilicants wish to reduce tocated at in off -site eheuse•of 24 rn at the e tricted parking spaces to 12 parking spaces and re remove the existing use restriction so as to allow customer, tenants and employees of the office building to also use the off -site parking spaces. The proposal also includes a request to amend a previously approved off -site parking agreement consistent with these revised parking figures. Section 20.82.020 of the Newport Beach Municipal Code provides that in order to grant any variance, the Planning Commission must find that the applicants have established the following grounds for a variance: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicants. 3. That the granting of such application will not, under the circumstances of the particular case, be materially detrimental to the health, safety, peace, comfort, To; Planning Commission •6. ::,,;.,,n:rn• • .' + nr improper Inasmuch as the March 5, 19%parking agreement allocates.24;parking xY• s ; , spaces within Via Lido Plaza focthe office building at 503 32nd Street .Therefore ., thaactual'surplus of parking 'in Via Lido•Plaza waronly,6 spaces when the,parking ::.. -+wi. Jot was striped with 319 parking'spaces.•• .• •'• . ,'.. • 15. At its meeting of June 30, 1993, the Planning Commission continued this item (Variance No. 1187) to its next meeting, at the request of the applicants,: ,At Its meeting of June 24,1993,the Planning Commission removed this item from calendar, as requested by the applicants; so as:to•allow the applicants additional time to resolve issues regarding the parklhg lot; allocation;: 1&,,,•'At •its• meeting bf ,l)ecember128pR993;',the •,NlGdiflcattons Committeepe approved xX, 1 Modiflcation'No. 4160, a'request'4ti permit •the establishment,of a specialty food t,n­ establishment on the subject•property:, •Among•the•conditiom ot.approyal+was a 5 •"'Iapeelfic condition regarding rostriping the southeasterly wrnerof the parking -lot for 8 additional parkin&spaces which'were norstriped when the overall parking;lot was A 'rtcently restriped (see attached:Modirrcatioa letter), .-There is also a series of poles >" and chain which restrict parking in this area of the. parking lot. The chalos are star' ;~'',„�•' discussed later in this report. �s"f1 As+sfated previously, the applicants are requesting approval to reduce the number of :z required, offparking spaces which are provided for an existing office building located r at303132nStreet and which are located at an off -site location at the rear -of tha,V!a Lido d' j,•;'=,,. p►aii'Shopping Center. The applicants wish to reduce the use of 24 restricted parking „i, spaces to 12 parking spaces and remove -the existing use restriction so as to allow customer, i+, "0 tenants and employees of the office building to also use the off site parking spaces. e Y" proposal also includes a request to amend a previously approved off -site parking agreement consistent with these revised parking figures. Required Findines for VnEWnce Aooroval Section 20.82.020 of the Newport Beach Municipal Code provides that in order to grant any variance, the Planning Commission must find that the applicants have established the following grounds for a variance: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district. Z. That the granting of the application is necessary for the preservation and ;•} ,. •, enjoyment of substantial property rights of the applicants 3. That the granting of such application will not, under the circumstances of the r< particular case, be materially detrimental to the health, safety, peace, comfort, TO: Planning Commission -3.: • l s -0T 5' On August 20, 1956, the private streets were dedicated to the City which made the •, existing curb site parking.apaces public parking and eliminated the possibill ry o {+' using such parking for private purposes. a�C : 4. On April 18, 1963, the Planning Commission, approved Variance No., 741 which ,rs . waived the required parking for the existing theater located within the Via Lldo Plaza Shopping Center. Said waiver was granted on the basis of a shared parking 2¢ :i•'; , • . relationship between daytime office and retail;uses and the nighttime theater use. a 5. On March 5, 1968, the City approved an off -site parking agreement which obligated the owner,of Via,Lldo. Plaza to provide,24 parking spgpos.i ii, *th accordance with the file," letter. agreement - mentioned, in No.•.1 above, ,At,this,tune, the City's parking Y�.. requirement for office buildings had changed to one parking space for each 250 p;,, r • ..squaroject of net floor area.which would have required 24,parking spaces (6,000 ,�.' ;,,:,•isq,fa + 250.sq,tt�:24;spaces). Even, though.the;parking requirement for the building at ,s 3. . Street was only 13 spaces at the time of, construction, the approval t this 32ndoff-site parking agreement provided 24 parking spaces. However, .; the language contained within the parking agreement restricted the use„o the parking to "customers and business invitees of the tenants or occupants of said office <pk'. building." Y ?S ' 6. . On April 1, 1976, the Planning Commission approved Resubdivision No. 516 which ` ' permitted the establishment of a single building site and the elimination of Interior lot lines where portions of four lots and an abandoned alley existed, so as to permit interior and exterior remodeling at the Via Lido Plaza complex. In conjunction with �( °+ Resubdivision No. 516, the property owner dedicated a triangular parcel of land at mi: �• the southwesterly portion of the site to the City for future roadway purposes. In exchange, the City permanently waived a requirement for 11 parking spaces. 7. On August 5, 1976, the Planning Commission approved Use Permit No. 1799 which permitted the construction of a take-out restaurant in Via Lido Plaza. The Planning Commission waived all but 14 of the 43 required parking spaces inasmuch as Via Lido Plaza did not experience a parking problem except for unauthorized vehicles using the lot. The total on -site parking requirement was thus 284 spaces (281 previous - 11 waived + 14 added - 284), 8, On November 3, 1977, the Planning Commission approved an amendment to the previously approved Use Permit No. 1799 so as to permit the service of beer and wine in conjunction with the restaurant use. The take-out portion of the facility was deleted at that time and there was no change in the requirement to provide 14 parking spaces for the restaurant. 9, On August 19,1982, the Planning Commission approved a second amendment to Use ;.: Permit No, 1799 which permitted a 350 sq.tt. increase in the "net public area" of the restaurant for a total of 1,050 sq.ft. of "net public area". no Planning Commission required that 1 parking space be provided for cuch 50 sq.ft, of "net public area" of the restaurant, resulting in a parking requirement of 21 spaces for the facility.(1,050 TO: Planning Commission -4. ° , y .,: ,t,,,,• sq.ft.'+ 50 = 21 spaces) an increase in 7 spaces from those previously required. 'Total required parking for the site was thus 291 spaces. 1tt " 10. On October 22, 1987, the Planning Commission approved the following use permit n ' •' "" "a licatlons'imolvin r ed businesses in Via, Udo Plaza: r.•? .. mot;'( 9;'' "•' " ' '' the Perrt it No 3284 (Rocko's Culsine)'which•permitted the establishment " of a takeout restaurant facility with on -sale beer and wine and seating on the inside of the restaurant building and outside in a common courtyard. s PcrmitNo:'3296 tvhicii' ermitted the establishment of a "gourmet" take- ,, " 1l.� P "out'rdstharnnt'witli9ncideatal seating and on take - and -off Salo of beer and wine. Wr 1)9r✓ •.r ., r : • nr a: ri ny, , 1 'r•r or r ! ,.0 m,: •i L•• 000s0) r•„:.`,gl,6,!Pern4i't Nik 3297"which'pbrinitted the`establishment of a takeout 4F �p1 I'll h? 11estauran't with' ineiderital'seating specializing ih frozen desserts and•'bake %Rq°i°h, 9lil .rinri P,'l goods., ' •ii6' I'$used'ori the parking requirement for take-out restaurants asset forth In -Section y: r rr "fi,5�•a� �, " '"20:30.035'B df'the Municipal Code, the above applications -resulted in an increased parking requirement of 65 spaces, 21 of which were attributable to Rocko's Cuisine. The applicant submitted a parking study'which indicated that large numbers of s, paiking'spaces were available in the parking lot, with a minimum of 87 parking h' i ` • ""'' spaces available during the peak usage period, which was found to be a Friday at "1:00,p.m. The Planning Commission thus voted to waive any requirement for 'additional parking: On December 14, 1987, the City Council voted to deny Use Permit No. 3296 and to sustain the actions of the Planning Commission regarding Use Permits No. 3284 and Use Permit No. 3297. The Coastal Commission subsequently denied approval of Use Permit No. 3297, and approved Use Permit No. 3284. The Coastal Commission also required that 15 additional parking spaces be provided. This resulted in a total parking requirement of 306 parking spaces for the site, not including the 11 spaces at the southwesterly corner of the site which were eliminated (291 previously required + 15 required by Coastal Commission - 306 spaces). In order to provide the required parking spaces, it was necessary to re -stripe the parking lot and to amend Use Permit No. 3284 so as to provide compact parking spaces as a portion of the required parking. 11. At its meeting of August 4, 1988, the Planning Commission approved Use Permit No. u ✓ 3284 (Amended), a request to amend the previously approved use permit which perinitted the establishment of a•take-out restaurant on the subject property. The amendment included a request to delete Condition No. 11 of the original use'permit so as to allow the restaurant the exclusive use of a portion of the common patio seating area. The proposal also included a change in the operational characteristics 'ohthe take-out restaurant use so as to'allow the use of compact parking spaces for TO: HanTg Commission -5. :•. ` . ) I' _- crl,;, ; aportion of the required off-street parking. The original use permit did not provide ^' for the use of compact spaces. Furthermore, the Coastal Commission requirement for exclusive use seating conflicted with the existing Condition -of Approval•No. 11 of Use Permit No. 3294. The restriping of the parking Itit,.resulted that a maximum of 77 of the on -site parking spaces (25%) would be provided as compact parking. t.• The existing parking lot currently provides 54 compact parking spaces, 5 handicapped ~ parking aces and 260 standard parking spaces for a total of 319 spaces. v. P B spaces ,•, i . ,� i �•:x• It appears that the August 4, 1988 staff report for.Uae.Pcrmit No. 3284 (Amended) rkY ` was where the off -site parking agreement involving,the,property at 503 32nd Street �and Via Lido Shopping Center was first mentioned in conjunction with the -consideration of a discretionary application withinrthe Yfa.Lido Shopping;Centern t,,,,; The staff, report' stated, "On March 5, 1968,,the•owners;of a portion: of, the, subject vproperty,entered into an agreement Willi the, owner of the office building -at, S03 32nd " r0'­Street whereby 24 parking spaces on the subject property were, to be provided for the use of the office building in perpetuity. However, because the bufldfng was contldered to be y f, i legal, nonconforming Willi regard to parking ,the 24 spaces have not, traditionally been 4ncluded in rise total required parking for the sue." 12. At its meeting of February 12,1990, the City Council approved Council Agenda Item F-3(n), a request to authorize the Mayor and City Clerk to execute an agreement �.r•, with Newport Via Lido Associates regarding the Via Lido Plaza Parking Lot Reconstruction Agreement. Said agreement reduced the original waiver of parking -' spaces in conjunction with the widening of Newport Boulevard from 11 spaces to 6 ,spaces and further reduced the required on -site parking by 13 spaces by excluding, 3,238 sq.ft. of mezzanine area, located above the market, from the parking requirement calculations. In accordance with the terms of the agreement, the total �.; parking required for the on -site uses was 287 spaces. 13. At its meeting of April 19, 1990, the Planning Commission approved Use Permit No. 3378, it request to permit the establishment of a retail flower shop with outdoor display within the Via Lido Plaza Shopping Center. The Planning Commission In its approval required that a minimum of two additional parking spaces be provided for the new flower shop. As a result, the total parking required for the on -site uses increased to 289 parking spaces. Inasmuch as 319 parking spaces existed at that time, there appeared to be a surplus of 30 spaces on the site, 14. In conjunction with the pending application for Variance No. 1187, the total parking requirement for the Via Lido Plaza stands at 289 spaces. However, in conjunction with the review of said application, the Planning Department has determined that the statement made in the staff report for Use Permit No. 3284 (Amended), dated August 4, 1988 was incorrect in two respects. First, the office building at 503 32nd Street is not legal nonconforming with regards to the off-street parking requirement, inasmuch as the Zoning Code required 13 parking spaces for the building at the time -y, • of construction (See Item No. 2 above). Secondly, although it Is true that up until 1988 the 24 parking spaces for the office building at 503 32nd Street were not included in the total parking requirement for the site, such an exclusion was TO: Pla•ng Commission -3. On March 5, 1968, the owners of a• portion of the subject property entered Into an agreement with the owner of the office building at 503 32nd Street whereby 24 parking spaces on the subject property were to be provided for the use of the office building in pcipetuity, Howevcr, because the building was considered to be legal, nonconforming with regnrd to parking, the 24 spaces have not traditionally been Included in the total required parking for the site. On April 1, 1976, the Planning Commission approved Resubdivislon No. 516, a request to establish one building site and eliminate interior lot lines where portions of four lots and an abandoned alley existed so as to permit interior and exterior remodeling at the Via Lido Plaza complex. In conjunction with Rcsubdivision No. 516, the property owner dedicated a triangular parcel of land at the southwesterly portion of the site to the City for future roadway purposes. In exchange, the City permanently waived a requirement for 11 parking spaces. On August 5, 1976, the Planning Commission approved Use Permit No. 1799, a request to pormit the construction of a take-out restaurant in Via 111do Plaza, no Planning C\unmisxlon wnlved all lmt is of the 0 tetiutred pnrkinl epncosnsm Inuoh as Via Wit Pinrat did not experience a parking prohlem oxcopt for uni it lorlsod ve11100% light& the 106 1110 tlital sxraito patkhng mluirement was thus 2M spaces (Ul pmvkws - I waived + 14 added ■ 284). On November 3, 1977, the Planning Commission approved an amendment to the previously approved use Permit No. 1799 so as to permit the service of beer and wine in conjunction with the restaurant use. The take-out portion of the facility was deleted. On February 4, 1982, the Planning Commission approved Use Permit No. 2062, a request to permit the establishment of a Haagen Dazs take-out Ice-cream facility in an existing building at 3467 Via Lido, and to waive a portion of the required off-street parking spaces In conjunction with the proposed use. This use permit was never exercised and, in accordance with Section 20.80.090 of the Municipal Code, the approval has expired. On August 19, 1982, the Planning Commission approved a second amendment to Use Permit No. 1799 which permitted a 350 sq.ft, increase in the "net public area" of the restaurant for a•touil of 1,050 sq.ft, of "net public area". The Planning commission required that 1 parking space be provided for each 50 sq.ft. of "net public area" of the restaurant, resulting in a parking requirement for 21 spaces for the facility (1,050 sq.ft. : 50 - 21 spaces) an increase in 7 spaces from those previously required. Total required parking for the site was thus 291 splices. On October 22, 1987, the Planning Commission voted to approve the following use permits on the subject property: !lSe a, t Lido URDgkol-Q tisins4L r t: 1. 1'ermit Nr A request to establish a take-out restaurant facility with on -sale beer and wine sy and seating on the inside of the restaurant building and outside in a common v„ courtyard. „,'COAm1SI88IOMERB tj aj`'' d CALL 0 r MINUTES CITY OF NEWPORT BEACH March 24, 1994 ZONE: CN-H APPLICANT: Paul G. Taddeo, Ne each OWNER; Richard Dl d Associates, Newport Beach James Hewickcr, Pla g Director, reported' that the applicant requested that ermit No. 3522 be removed from calendar. Lon . Mot as made and voted on to remove Item No. 2, Use Permit Ayes No. 3522 from calendar. MOTION CARRIED. . . . quest to reduce the number of required oft' -street parking ices which are provided for an existing office building on >perty located at 503 32nd Street and which are located at an .she location at the rear of the Via Lido Plaza Shopping Center the RSC-H District. Under the existing parking arrangement, restricted parking spaces are provided to the customers and siness invitees of the office building. The applicants propose to Luce the number of required off-street parking spaces to 12 and nove the existing use restriction so as to allow tenants and tployees of the office building to also use the off -site parking aces. The proposal also includes a request to amend a :viously approved off -site parking agreement consistent with the ;ised parking figures. Parcel I of Parcel Map 8S-1 (Resubdivision No. 516), located 3471 Via Lido, on the southwesterly corner of Via Lido and Via Oporto (parking site); and Lot 6, Tract No. 907, located at 503 32nd Street, on the northeasterly corner of 32nd Street and Via Oporto, adjacent to City Hall. -5- INDEX V11e7 'd to No action taken on Mt. r,• n 66ION6RB • '' MINUTES CITY OF NEWPORT BEACH March 24,1994 RSC-H Newport Via Udo Associates and 503 Lido Partners, Ud., Orange and Newport Beach Same as applicants s Hewicker, Planning Director, stated that since the cation was filed, it was determined that a Variance was not red. The property owner is proposing to reduce the number aking spaces for the 503 Building to be consistent with the ng requirements in effect at the time that the building was ructed. It is recommended that the off -site parking =cnt for 12 parking spaces in Via IJdo Plaza be approved the restriction on the tenants be eliminated so that the oyces of the 503 Building may use the 12 parking spaces. sponse to questions posed by Commissioner Ridgeway, Mr. icker replied that the intent is to return the Variance cation fee. He further replied that the off -site parking ;Mont is with Via Udo Plaza, and staff received a copy of the ,Mont just prior to the Planning Commission meeting. ;sponse to a question posed by Commissioner Glover, Mr. ickcr replied that Exhibit "A" was prepared as the applicant ie public hearing was opened in connection with this item, and r, Jack lakowski, 1042 West Bay Avenue, appeared before the anning Commission as property owner of 503 -32nd Street and co -applicant. f le said that the off -site parking agreement would rrespond with the current usage. Mr. lakowski addressed the evious parking arrangement between the City of Newport Beath, Dperty owners of the Via Udo Plaza shopping center, and Dperty owners of 503 - 32nd Street. fie stated that after viewing the existing parking spaces adjacent to tite subject operty, and by restructuring the off -site parking ugrcement to 12 rking spaces on a non-exclusive basis in the Via Udo Plaza -6. Bloxast6 r MINUTES CITY OF NEWPORT BEACH March 24, 1994 LOLL CALL oFS shopping center parking lot, that it would more than take care of the needs of the tenants and employees of the 503'building. The s" parking spaces adjacent to the subject property would meet the .:, demands of the invitees of the building. t: eared before the (t ; Mr. Pat Galvin of the Fritz Duda Company, appeared Planning Commission on behalf of the property owners of Via •, Lido Plaza In reference to Exhibit "A", Mr. Galvin addressed Finding No. 2 and he stated that ...entered into wt appropriate lcasa..should be corrected to ..entered into p In reference to Conditions No. 2 lift. an appropriate earC¢i=- and No.3, Exhibit "A", Mr. Galvin stated that the proposed off -site contained In the parking agreement is different from the language f{ :' Conditions inasmuch as the agreement does not provide for 12 exclusive parking spaces for the 503 32nd Building. He said that t} there is n provision in the agreement that states that if other l;, parking Is available in a similar location to Via Lido Plaza, Le. a IN parking structure, that parking off -site could be provided to the f1j., nrnnerty owner of the 503 Building at another location. Merrill, Mr. ion airman Ficwickcr explained thattthe Planning Composed byhmission is being asked to make a finding stating that the off -site parking area is located so it would be useful for the people located in the 503 - 32nd Street building, and he questioned where the 12 off -site parking spaces would eventually be located. In reference to Mr. Galvin's request to change "lease" to "casement", Commissioner Ridgeway explained that an casement cannot be changed unilaterally by one party. Mr. Galvin explained that there is a radius restriction that would prohibit the relocated parking spaces from being any further from the 503 Building than they currently are. There is an agreement between the owners of the respected properties that the casement would be able to be n the relocated. it rea however. heyuld �are obligated toontinue to eia Lido ng sparking provide the parking MINUTES CITY OF NEWPORT BEACH March 24,1994 ussion ensued between the Planning Commission, Mr. Galvin, stall with respect to continuing the item for further review and In response to a request for clarification by Mr. Galvin regarding Condition No. 4, Exhibit "A", Chairman Merrill explained that the condition requiring that the circulation systems be reviewed by the City Traffic Engineer is a standard condition. it 6;w • There being no others desiring to appear and be heard, the public hearing was closed at this time. �¢, � Motion was male and vote) on to continuo the subject off-s to lotion parking agreement to the April 7, 1994, Planning Commission A11 Ayes meeting. (No action was necessary on Variance No. 1187). : , MOTION CARRIED. ... guest amend a previously approved use permit which nitted th emodel of an existing restaurant, the addition of ;ale alcohol eve ages, the establishment of restaurant sing spaces with, n adjoining Residential District, and the of tandem and valet king on property located In the "Retail Service Commerclal" at of the Cannery Village/McFaddon are Specific Area Plan. The oposed amen'dment includes a nest to allow the use of an ou r loud speaker used for ine restaurant customer. Parcel I of Parcel Map 6Now (ReSabaiyisiDn Na 446) hkutnd u12110 [luule,0a ilk tkvtdtwcslatb r "Tw lhxtle�l4 Vag 315i1 W"%, in kt* � VillagejMcradden Square Specillc Area. Item No.4 UP1715A Danied IOKSIR6 • • MINUTES CITY OF NEWPORT BEACH April 7,1994 CALL •-•It R z. A>ANTT: Rockwell international, Newport r" OSame as applicant `•i, Tearing was opened in con tion with this item. There bene to appear before a Planning Commission, the ping was closed a is time. tion + Ms mad d voted on to adopt Resolution No. 1352'tAyee . + . • + + re( o the City Council the approval of AmendmentVAbeent " N770N CARRIED. rt Item No. st to amend a previously approved off -site parking oarksago Pn:king ment which provides required off-street parking spaces for an ngreemen g office building on property located at 503 32nd Street and arc located at an off -site location at the rear of the Via Pla7.a Sho in Center in the RSC-H District. Under the PP 8g parking arrangement, 24 restricted parking spaces are ed to the customers and business invitees of the office ng. The applicants propose to reduce the number of red off-street parking spaces to12 and remove the existing striction so as to allow tenants and employees of die office na to also use the off -site parking spaces, Parcel 1 of Parcel Map 55.1 (Resubdivision No. 516), located 3471 Via Lido, on the southwesterly corner of Via Lido and Via Oporto (parking site); and Lot 6, Tract No. 907, located at 503 32nd Street, on the northeasterly corner of 32nd Street and Via Oporto, adjacent to City Hall (building site). ONE: RSC-H 3 �' . • MINUTES jy0yQ88IONSRB ROW. CALL CITY OF NEWPORT BEACH April 7, 1994 INDEX APPLICANTS: Newport Via Lido Associates and 503 Udo Partners, Ltd., Orange and Newport Beach Same as applicants James Hewicker, Planning Director, requested that this item be continued to the Planning Commission meeting of April 21, 1994, so as to allow additional time to resolve concerns regarding the off-street parking agreement. • Motion was made and voted on to continue Item No. 2 to the • • " " April 21, 1994, Planning Commission meeting. MOTION " CARRIED, Request to amend a previously approved use permit that per tted the establishment of an animal hospital on property local in the commercial area of the Newport Shores Sp/Chap ea. The proposed amendment involves a request tprevious animal hospital use to a cut care and baty and to permitnitcrutions and additions to theilding in conjunction with the change in use. 'Ihe pncludes a modification to the Zoning Code so asproposer! building addition to encroach 2 feet Int he required 5 foot rear yard setback adjacent to residentially wssifted property. LOCATION: Lots 3.6, 6ck 9, Scaahorc Colony Tract, located a 902 West Coast Highway, on the northw . tcrly corner of Fern Street and West Co llighwuy, in the Newport Shores Sn4cific Plan Area. SP-4 4- item No.3 UP353(A Approved CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 PLANNING DEPARTMENT 644.3200 December 29, 1993 Application No: 4160 Applicant: Starbuck's Coffee Address of Property Involved: 3467 Via Lido Legal Description: Parcel No. 1, Parcel Map 85.1 Modification Requested: Request to permit the establishment of a specialty food facility on property located in the RSC-H District. �t The Modifications Committee on r)rcembcr28. t993, unanimously approved the application subject to the following conditions: 1. That development shall be in substantial conformance :u, with the approved site plan and floor plan, except as noted in the following conditions. 2. +<:ff>'' That maximum seating and/or stand-up counter space for no more than 12 customers shall 1'.'S♦i^' be maintained inside the subject specialty food use. Any further increase in the number of seating and/or stand-up counter space for customers shall be subject to the approval of a rt�tfrr use permit. 3. That trash receptacles for patrons shall be conveniently located both inside ,�•: and outside of the proposed facility. 4. That trash generated by the business shall be screened from view from adjoining properties except when placed for pick-up by refuse collection agencies. 5. That at least six off-street parking spaces shall be provided for the proposed specialty food use and related retail area, 6. The special food facility portion of the commercial space shall not exceed a floor area of 1,200 square fact, 7. That Ilia hours ^1ti" of operation shall be limited between the hours of 6:00 a.m. and 2:00 a.m. S. That no q�! outside paging system shall be utilized in conjunction with this specialty food establishment, t; 9. That should this business be sold or otherwise come under different ownership, any �future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 10. Tina no on -sale alcoholic beverages shall be permitted on the premises. 11. That no live entertainment or dancing shall he permitted in conjunction with the permitted use. 12. That no temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the specialty food establishment. 13.'ihai kitchen exhaust funs shall be designed to control smoke and odor to the satisfaction of the Building Department. 14. That where grease may he introduced •1ul;v� into the drainage systems, grease interceptors shall be installed on all fixtures as required by the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Utilities Department. 15. That prior to occupancy, the southeasterly corner of the Via Lido Plaza parking lot shall he striped so as to provide eight additional parking spaces. The e;* • existing posts and chain shall also be removed from said area to provide vehicular access #!,• to the parking spaces. 3300 Newport Boulevard, Newport Beach N V. CITY OF NEWPORT BEACH 'p�•,• ' CO. BOX 1768, NflWI'ORT BEACH, CA 92658a9I5 ;pl . c+ tram,,% PLANNING DEPARTMENT 644.3200 s December 29, 1993 ap",1; '• Application No: 4160 ;5 Applicant: Starbuck's Coffee Address of Property Involved: 3467 Via Lido ' 4' Legal Description: Parcel No. 1, Parcel Map 85.1 r„5 •",+� Modification Requested: Request to permit the establishment of it specialty food facility on ;6tSS?+ property located in the RSC•11 District. The Modifications Conimiuce on Jkmubtr 28 1993, a mmimously approved the application 3 subject to the following conditions: 1. That development shall be in substantial conformance �ia�• with the approved site plan and floor plan, except as noted in the following conditions. 2. That maximum stating anti/or xuuul-up counter space for no more than 12 customers shall a he mnintaincd inside the subject specialty font use. Any further increase in the mlmhcr of +,) sealing and/or stand-up counter space for customers shall be subject to the approval of a use permit. 3. That trash receptacles for patrons shall be conveniently located both inside and outside of the proposed facility. 4. That trash generated by the business shall be screened from view from adjoining properties except when placed for pick-up by refuse r ^; collection agencies. 5. That at least six off-street parking spaces shall be provided for the proposed spccialty food use and related retail area. 6. The special food facility portion of the commercial space shall not exceed u floor area of 1,200 square feet. 7. That the hours of operation Shull be limited between the hours of 6:00 a.m. and 2:00 a.m. R. That no 1- outside paging system shall be utilized in conjunction with this specialty food establishment. 9. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 10. That no on -sale alcoholic beverages shall be permitted on the premises, I t. '111,11 no live entertainment or dancing shall be permitted in conjunction with the permitted use. 12. That no temporary "sandwich" signs or similar temporary signs stall be permitted, either on -site or off -site, to advertise the specialty fund establishment. 13.'Ihm kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 14. Tina where grease may he introduced into the drainage systems, grease interceptors shall he installed on Lill fixtures as required by the Uniform Plumbing Cute, unless otherwise approved by the Building Department and the Utilities Department. 15. That prior to occupancy, the southeasterly carder of the Via Lido Plaza parking lot shall be striped so) as to provide eight additional parking spuccs. The existing posts and chain shall also be removed front said area to provide vehicular access to the parking spaces. 3300 Newport Boulevard, Newport Beach December 29, 1993 Page 2 16. That the Modifications Committee may add to or modify conditions of approval to this modification permit, or recommend to the Planning Commission or City Council the revocation of this permit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. The Modifications Committee determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the modification as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the proposed specialty food establishment is retail in nature, serving mainly persons residing or working in the neighborhood, or catering to customers already in the area, and is not necessarily a destination point. It Is anticipated that the proposed use will have parking demand characteristics similar to a retail use. 2. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with the surrounding land uses. 3. That the required number of off-street parking spaces will exist on -site for the proposed specialty food establishment as required by Chapter 20.72 of the Municipal Code. 4. That 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). 5. That the approval of Modification Permit No. 4160 will not, tinder the circumstances of this case, be detrimental to the health, safety, peace, morals comfort, and general welfare of the city. NOTE: This approval shall expire unless exercised within 24 months from the date of approval as specified in Section 20.81.090 of the Newport Beach Municipal Code. The decision of the Committee may be appealed to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of . No building permits may be issued until the appeal period has expired. MODIFICATIONS COMMHTEE PLANNING DEPARTMENT JAMES D. NEWICKER, Director By �Zi% /e. - �J-t "TRL- William R. Laycock, ` ' Current Planning Manager .x! � • WRL:dk vu. uoo IJOTG: IWstJ:-0 M(tytN./�� IS �ypp f,�� EVANS-}IARVEY+ASS6E=0#J93 2102 BUSINESS CENTER DRIVE. SIIr1V 00 1RVINE. CALIFORNIA VW)J - :� Planning Commission Meeting August 19, 1982 Agenda Item No. 1 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department 'f SUBJECT: Use Permit No. 1799 (Amended) (Public Hearing) Request to amend a previously approved use permit that permitted a restaurant facility with on -sale beer and wine in Via Lido Plaza so as to permit an increase in the "net public area" of the restaurant facility. LOCATION: Parcel 1 of Parcel Map No. 85-2 (Resubdivision No. 516) located at 3421 Via Lido, on the southerly side of Via Lido, between Newport Boulevard and Via Oporto, -in Via Lido Plaza. ZONE: C-1-H APPLICANT: Chez Lautrec Restaurant, Newport Beach OWNER: Orange Coast Developers, Newport Beach Application This is'a request to amend a previously approved use permit that permitted a restaurant facility with on -sale beer and wine in Via Lido Plaza so as to permit an increase in the "net public area" of the restaurant facility. Use permit procedures are set forth in Chapter 20.80 of the Newport Beach Municipal Code. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirements of the California Environmental Quality Act. Conformance with the General Plan and adopted Local Coastal Program, Land Use Plan. The Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan designate the site for "Retail and Service Commercial" and "Administrative, Professional, and Financial Commercial" uses. The subject restaurant facility is a permitted use within this designation upon securing a use permit in each case. Subject Property and Surrounding Land Use The existing Chez Lautrec Restaurant facility is located in the Via Lido Plaza fronting on Via Lido. To the north, across Via Lido, are the Lido Shops and Lido Marina Village complex; to the east and west are other commercial uses and rel"ated parking areas in the Via Lido Plaza; and to the south, behind a portion of the Via Lido Plaza parking facility, is the Newport Beach City Hall complex. TO: Planning Commission -2. Background The subject property contains four separate structures and related parking areas which were constructed over a period of several years. At its meeting of April 18, 1963, the Planning Commission approved Variance No. 741, a request to waive the parking requirements for the existing theatre (i.e. Building "D" on the attached plans) so as to permit the construction of the two-story bank and office building. The following conditions were imposed as a part of approving this request. 1. Parking to meet the'requirements of the revised parking standards adopted by the,City Council on April 8, 1963. 2. Parking requirements for the theatre to be waived. At its meeting of April 1, 1976, the Planning Commission approved Resubdivision No. 516, a request to establish one building site and eliminate interior lot lines where portions of the four lots and an abandoned alley existed so as to permit interior and exterior remodeling at the Via Lido Plaza complex. _T At its meeting of August 5, 1976, the Planning Commission approved Use Permit No. 1799, a request to permit the construction of a take-out restaurant in Via Lido Plaza. (The subject restaurant facility is located in the structure labeled "B-l" on the attached plot plan.) A portion of the required parking spaces were waived by the Commission inasmuch as Via Lido Plaza did not experience a parking problem except for unauthorized vehicles using the lot. At its meeting of November 3, 1977, the Planning Commission approved an amendment to the previously approved Use Permit No. 1799 so as to permit the service of beer and wine in conjunction with the restaurant use. The take-out portion of the facility was deleted. At its meeting of February 4, 1982, the Planning Commission approved Use Permit No. 2062, a request to permit the establishment of a Haagen Dazs take- out ice-cream facility in an existing building at 3467 Via Lido, and to waive a portion of the required off-street parking spaces in conjunction with the proposed use. The property owner, Orange Coast Developers, has submitted a letter (copy attached) indicating that the space in which the ice-cream store was to be located has been leased to another tenant, and further, that Use Permit No. 2062 will never be exercised. Therefore, the City Attorney's office has indicated that inasmuch as the ice-cream store will not be opened, it is not necessary to consider that use in the analysis of this amended use permit request and other uses on the subject property. Analysis The existing facility contains 700± sq.ft. of "net public area". The applicant is proposing to enclose 350 sq.ft. of the patio area in front of the facility, increasing the total amount of interior "net public area" to 1,050± sq.ft. No other changes to the facility or its current operational characteristics are proposed. TO: Planning Commission -3. It should be noted that the area of the proposed expansion is currently being used as outside dining area. A total of 4 tables and assorted chairs have been made available for patrons use. Staff has received no complaints regarding the outside tables, nor have their been any complaints related to customers of this facility causing parking problems for other patrons at the Via Lido Plaza. Offstreet Parking Requirements Based upon the current City standard of one parking space for each 40 sq.ft. of "net public area" a total of 27 parking spaces are required for the existing and proposed restaurant "net public area" (1,050 sq.ft. - 40 = 27). The Planning Commission also has the option to increase or decrease the parking requirements. within the range of one space for each 30 sq.ft. of "net public area" (35 spaces) to 50 sq.ft. of "net public area" (21 spaces) based upon�the operational characteristic of the proposed facility. Inasmuch as no dancing, or live entertainment is proposed, and further, that sufficient parking exists in all of the parking areas on the site for the other uses. Staff is of the opinion that one space for each 50 sq.ft, of "net public area" (21 spaces) is adequate in this case. The following summarizes the current parking requirements for the other uses on the subject property: Building "A" 29,949± sq.ft. retail Building "B" 3,109± sq.ft. retail Building "C"OD" 14,204± sq.ft. retail Building "E" 23,3101 sq.ft. office/retail TOTAL: 70,117± sq.ft. Based upon the current City standard of 1 parking space for each 250 sq.ft. of floor area for office and retail uses, a total of 281 spaces are required (70,117±-sq.ft. - 250 = 281 spaces). The subject restaurant facility would require an additional 21 spaces for a total on -site requirement of 302 spaces. However, 11 of the required spaces for Via Lido Plaza were permanently waived by the City in exchange for a triangularly -shaped parcel which was dedicated to the City at the southwesterly corner of the site (Resubdivision No. 516) for the future widening of Newport Boulevard. The property owner has no obligation to replace or otherwise compensate for the loss of these 11 spaces in any future plan of development. When these 11 waived spaces are subtracted from the required number of parking spaces, the actual requirement becomes 291 spaces. Currently 301 parking spaces are provided in the common parking lot. At such time as the 11 parking spaces are eliminated in conjunction with the widening of Newport Boulevard, 290 parking spaces will be available. Should this application be approved, it will be necessary for one additional parking space to be provided on the subject property, bringing the total on -site parking spaces to 291. lr TO: Planning Commission -4. Staff recommends the approval of Use Permit No 1799 (Amended), subject to the Findings and Conditions of Approval as set forth in Exhibit "A". PLANNING DEPARTMENT JAMES D. HEWICKER, Director B lze: -�i' Chris Gustin Associate Planner CG:tn Attachments;Exhibit "A" Letter from property owner Excerpt Planning Commission Minutes of August 5, 1976 and November 11, 1977 Plot Plan, Floor Plan, and Elevations EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL USE PERMIT NO. 1799 (Amended) Page 5. FINDINGS 1. That the proposed development is consistent with the Land Use Element of the General Plan and adopted Local Coastal Program, Land Use Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that -they do not contemplate any problems. 4. That adequate parking exists on the subject property for the existing and proposed uses. 5. The approval of Use Permit No. 1799 (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, floor plan, and elevations except as noted below. 2. That all mechanical equipment and trash areas shall be screened from adjoining properties and from Via Lido. 3. 'That all signs shall conform to the provision of Chapter 20.06 of the Municipal Code. 4. That one parking space for each 50 sq.ft. of "net public area" shall be provided for the expanded restauarnt facility. 5. That prior to the issuance of Building Permits the parking lot shall be revised to provide one additional parking space. This will require a current on -site total of 302 parking spaces, so that when 11 parking spaces are eliminated, there will b� 291 on -site parking spaces remaining. 4 1 2nd Floor 3471 Unit 200 Fraser - Sales Unit 201 Unit 202 Fraser (Insurance) Unit 202A Fraser (Charter) Unit 203 Unit 204 Penny & Penny Unit 205 Pazena's Unit 206 Pacific Marketing Unit 207 Burton & Caulkin Unit 209 McGurk Unit 211 Unit 213 Genia Garcia Associate Planner S-to-o 5 ` vi-wrl GmN U 1, S� 1pzw li.;jam ,toss C?�so��i t�-- �1 �14 1/ONS/Pfll111-10 ,11 N (bT:�D RCh4 - CIJCQ 4; &AJ -a sI 8AID S,