Loading...
HomeMy WebLinkAbout4300 VONKARMAN11111111 lill 11111111111111111111111111111111 *NEW FILE* 4300 Von Karman '91 09/27 08:56 C213-624-9175 MATSUBARA USA •r Z. 0 RECORDING P,EWSTED BY AND irr l/r!�i`�, /97% WHEN RECORDED RETURN TO: O'Melveny & `Myers B'.�+'` . l_ __. u.^• d J 611 West 6th Street (7rt:r .1 ,•:..�ca et Los Angeles, California 9Dt)1 C/,;;;; c, ,, ,...•.. y� C<+unry Attention: Jerold L. Miles�ro0'"t'''�'" `.✓ =OFIxrIift,CT1;ON5 OF'OT TBiS DECLARATSOtiy whi.Ch ie xdade a.:•: a:• the '16th day of June,' 1973 by VOLT. MMTEN NEWVORT; a Cin'l •i•'rrl':1 .+; l3mite�.partnersll:ll, (hc:•�ciztafteP ni�epl;u•a.7cb"}r uuyoxsucims and replaces that 4ertatm Deol:Lrat:ion of ditions and Restrictions dated NavLn:4rr 2, 19', ,-•rer.G d4d November 6; 1972 in BIX 104-13, x'age Sy14jr 1. the Dt:Cic is7 Records of Orange County- &-aid arc?: sai•:wr. dats3 N+jveu;ber 2, 1972 is hereby declexed revo!cnd f ;• all purpose+a„ :.at only with respect to the property "aor Lord hetvoln av;t •als* as to all other property desorib?d thevzA.In. - Declarant is the mmc.`• of c+e:;Lu.E;: real Propertj (hereinafter the "Property") in r1ir Ci;.y of vewpurt. Beach, County of Orange, State of Ca11fu_- ay deecrIbea as Lots 32 4y 5, 60 8, 9,•10, 12, 13 and 14 or Tract No. 7953, as shown on a Tract Map recorded in Hook 310, Pages 7 through 11 of Miscellaneoua Maps', Official Records of Orange County. Declarant is about to sell, lease, or otherwise EXHIBIT B•-1 91 09i27 08:57 a V213-624-9175 MATSUBARA USA k� Ma M n n undivided interest therein shall have the non-exclusive h right to. use the Common Areas, and the facilities con atruoted thereon, for the purposes permitted herein in common with all othor Owners and Occupants, and their guests and invitees. Such Common Area right of use is appurtenant to and an incident of the ownership of a Parcel or an undivided Antcrrat in a Lot, and such use shall be limited to that reasonable nc .essary or incidental to the construction, use, occupancy an maintenance of Improvements constructed by or owned_by Owners of portions or or interests In the Property. ARTICLE VII DEVELOPMENT AND USE OF COMMON PARKING AREAS 7.01. Development of Common Parkinr, Areas. Each Building Site.Owner shall, as a c&niiition of the conveyance to him or his Building Site, be obligated to construct, on his designated Development Area, parking facilities adequate to serve the Improvements to be constructed,on the Building Site within such Development Area. The determination of the adequ Fey of such parking facilities shall he governed by the requirements of the Development Standards; provided, however, that Declarant may, at the time of conveyance of an undivided interest, Impose upon the grantee thereof the obligation to construct mare, but not lose, parking than required by the Development Standards. 7.02,. Reciprocal lilFhts or Use. Each Building Site Owner, and,the Occupants of the Improvements located 21, 1 09/27 08:67 V213-624-9175 MATSUSARA USA M . o thereon, shall have and are hereby granted rcclprocal A non-exclusiae rights to use all parking areas construc- ted pursuant to Section 7.01 above (such parking areas being herein designated as the Common Parking Areas) as such areas may exist from time to time, in connection with 4iheir respective use and occupancy of their portions or the property. Xho Common Parking Areas shall be available for use by all•Duilding Site Owners and the Occupants thereof, their guests and their business invitees. Declarant, with the consent and agreement o; any Owner of any Common Parking Area,'shall have the right to alter the configuration or. location or any park- ing or drlvewa;*s located in such Common Parking Area provided that the total available parking in such Cormon Parking Area may not be reduced below that required by the Development Standards. No trucks, campers, trailers or heavy equipment may be; parrce2l7-or located on the CommmOn Parking Areas except: (1) in connection with the construc- tion or repair thereof or in connection with the construe-- tion; maintenance and repair or Improvements and/or Common Areas; (ii) in designated truck parking areas; (III) in designated loading zones; and (iv) in case or emergency. � e ARTICLE VIII MAINTLHANCE 8.01. Declarant's Maintenance Resoorsibility. So long as Declarant owns any portion of or interest in the Property, Declarant shall maintain and.repalr all Common Areas, all Common Parking Areas and -all parking 22. '91 09/27 08:56 V213-624-9175 MATSUBARA USA 711 FACSIMILE. TRANSMITTAL DATE: w 7.1- q/ FOR: C / rf/ 14J✓ AfWWjjWr ! ^ P4ANNINCS '71¢ d f-4• - 3y5P SUBJECT: !�-070- 1"t,53T9wR&'T Dennis Lee Architects 707 Wilahire OQVIOVafd, Suite 3270 Los Angeles, California 90017 Telephone (213) 623-2311 Facstmlle (213) 624-9175 NUMBER OF PAGES INCLUDING TRANSMITTAL: Co maR 5 l F f xvc[-e V Pdp GG o�� by, w � e CCTV ASSEV MANflGEMENT* TEL No .714.-833-2476 Jun 20,90 16:27 No. 009 .P .02`. BOLL - . � 4351) Yon Karntnn Avvime suite 200 Newport Bea) 'Iho K<111 Company California 926fi11 , Assvt A9dtwI;v vnt nivision (7.14) 955-2131 June 19, 1990 Mr. say Garcia planninKI Department.. CITY OF NEWPORT MACH 3300 Newport Boulevard Newport Beach, CA. 92658-8915 RE: 1Coto Restaurant Dear Mr. Garcia: 6 we have reviewed the preliminary plans for the new Koto restaurant to be constructed at Roll Center Newport. Based upon this review and analysis of our over all parking situation, we write to inform you that there are spaces available to support the required parking for this restaurant. Sincerely, KO h tl� Chuck: H en vice President 'b.wTi i Conditions of Approval PC# 2005-90 Use Permit 3385 4300 Von Karman C 0 0_, J�R ubstantial Conformance 2. Signage 3. Signage 4. Encroachment 5. Refuse Containers 6. Grease Interceptors 7. Exhaust Fans 8. Storage * Entertainment 4 O Parking Trash/Mechanical Equipment Public Works Public Works Building Public Works Building Building Building Planning Planning Building ACTION Plan Approval Plans Approval - Separate Permit Plans Approval Separate Permit Field Check Field Check Plans Approval Use Permit Letter of Compliance a Field Check 4 Letter of Compliance , t dons of Approval ZOOS-90 LTse Permit 3385 4300 Von Karrman Page 2 Q,wParking 13. Handicapped Parking 14. Circulation Hours of Operation �j 6 Parking Agreement 7. Modity Use Permit I?z Plans Expiration 1 g Plans Approval Building Field Check Traffic Plans Approval Planning Letter of Compliance Planning et�omplia . ce Planning l No Action Planning No Action 33 4T V t Districting Map No. COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS0W0`77: Plan Check N : By:Christv Tea sistant Planner ddress Land Use 2 lement Page Correctioris`Required* ;Y ham, - Legal Description: Lotyl��Block Section Tract tT" . lbij Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $5,000. Covenant required. Please have owner's document and return to me. Lot Size _ Zone A�� Proposed Use Required Setbacks Front signature notarized on the /O�I �%12> y VC2 1� attached Rear, �� LV7.�Q/ dY33 Right Side GAek��-w✓ / :��J`5,.+�'r-.�.r.+ Left S o � fo araa sa. £t.): -__ sq.ft. 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 nkg Square footage permitted: Comm res- nkg sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) Comm res Pkg Maximum square footage allowed: Comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft. sq.ft. (D) Reduced FAR use sq.ft. sq.ft. (E) Maximum FAR use sq.ft. sq.ft. (F) TOTAL SQ.FT. [C+D+E] sq.ft. PROPOSED FAR: '[ F % site area sq.ft. J 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. ZLEIGHTED SQ.FT.(May not exceed BDA) ` W Provide tissue overlay of calculations to verify provided�'� footage. Required Parking /6 n Proposed parking (indicate of stalls p�ro„vided Pil4xlj Total On -Site Parkin Standard Compact In -lieu Parking Dimension buildingheight as measured from natural grade to average and maximum roof height _ —1 Show natural grade line on all elevations ' show all rooftop mechanical equipment and dimension from grade directly balo`w. 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 lin . Fair Share Contribution N� San Joaquin Mills Transportation Corridor Fee SPECIAL APPROVAL RS2jL=R ,RTHROUOM: Please indicate any discretionary approval numbers on the plans and incorporate the attachad•t excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the bluelina drawings Modifications Committee: Indicate Approval No. on Sluelines Modification required for Plannino Commission/City Coon _ Uee Permit: No.--, Variance: No. Resubdivision/Tract: No. a Site Plan Review: No. Amendment: No. other =21 Works: Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Sulldinc Department: Grading Engineer Parks Department: Approval of Landecape Plans ^oaetal Development Permits: Approval In Concept (AIC) No. -- (Note: File 3 sets of plans: site, floors and elevations) Coastal Development Permit: No. Effective Date: _ Waiver/Exemption: 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, FORMS\COMA-SON.COR ,t ~ CaMMISSIGNERS ` f \0 CITY OF NEWPORT REACH June 21, 1990 MINUTES ROLLCALL-1 111111 L INDEX That the displaced and cracked sidewalk along Poppy Avenue be reconstructed; that the displaced curb and tter along Second Avenue be reconstructed and the tree of pruned; that a sidewalk be constructed along the Se nd Avenue frontage and that the curb return at the come of Poppy Avenue and Second Avenue be reconst cted with a 20 foot radius and a curb access ramp. 8. That the Pu tic Works Department plan check and inspection fee b paid. 9. That all vehicular cess to the property shall be from the adjacent alley unl s otherwise approved by the City. 10. That access and parking s 11 be subject to further review and approval by the City Tr fic Engineer. 11. That overhead utilities serving th site be undergrounded to the nearest appropriate pole in a ordance with Section 19.24.140 of the Municipal Code. 12. That a park dedication fee for tliree dw ling units shall be paid in accordance with Chapter 19.50 o e Municipal Code. 13. That this resubdivision shall expire if the map s not been recorded within 3 years of the date of app val, unless an extension is granted by the PIa ' g Commission. Item No.2 Use Permit No. 3385 (Public Hearings Request to permit the construction of a new restaurant facility and related pavilion on property located in Office Site "B" of the Koll Center Newport Planned Community which will replace an existing nonconforming restaurant which was established prior to the use permit requirement for restaurants in the Koll Center Newport Planned Community. The subject restaurant will continue to include the service of on -sale alcoholic beverages. The proposal also includes a modification to the Koll Center -4- UP3385 Approved s t'OMMISSIONERS c�,P�o'�' W q,�� �W 11 4D June 21, 1990MINUTES CITY OF NIEWPORT BEACH ROLL CALL INDEX Newport Planned Community Development Standards so as to allow a ground sign which exceeds 4 feet in height. LOCATION: Parcel 1, Parcel Map 60-14 (Resubdivision No. 430) located at 4300 Von Karman Avenue, on the southeasterly side of Von Karman Avenue, between MacArthur Boulevard and Bir h Street, in the Koll Center Newport Pla ned Community. ZONE: P-C APPLICANT: Dennis G. Lee, Los Angeles OWNER: MTK Corporation of America, Irvine The public hearing was opened, and Mr. Dennis Lee, 707 Wilshire Boulevard, Los Angeles, applicant, appeared before the Planning Commission wherein lie concurred with the findings and conditions in Exhibit "A". There being no one else to appear before the Planning Commission, the public hearing was closed at this time. In reference to questions posed by Commissioner Merrill regarding the restaurant's operating hours, William Laycock, Current Planning Manager, explained that the hours of operation that are limited between 5:00 a.m. and 2:00 a.m. daily as suggested in Condition No. 15 in Exhibit "A", are based on the restaurant's ability to provide adequate parking. Commissioner Pers6n made a motion to approve Use Permit No. Motion 3385, subject to the findings and conditions in Exhibit "A", with the exception that Condition No. 15 be amended to limit the operating hours from 6:00 a.m. to 2:00 a.m. daily inasmuch as the Alcoholic Beverage Control laws require that restaurants not be open between the hours of 2:00 a.m, and 6:00 a.m. and also All Ayes it is not necessary to open the restaurant at 5:00 a.m. Motion was voted on, MOTION CARRIED. FINDINGS: 1. The proposed restaurant is consistent with the General Plan and the Koll Center Newport Planned Community -5- c.ommiSSIbNERS ® June 21, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Development Standards, and. is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed restaurant use can be adequately served by existing on -site parking and c f-site reciprocal parking. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 5. That public improvements may be required of the developer in accordance with Section 20.80.060 of the Municipal Code. 6. The Police Department has no objections with the proposed development. 7. That the waiver of development standards as they pertain to walls and storage will not be detrimental to the adjoining properties given the developed characteristics of the existing facility and also the Koll Center Newport Planned Community Development Standards adequately address all other restaurant development standards. 8. That the proposed modification for the monument sign will not 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. 9. That the approval of Use Permit No. 3385 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. I -6- ^COMMISSIONERS u ® June 21, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX CONDITIONS: 1. That the proposed development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. That all signs, other than the prop sed monument sign included in th ; application, shall conf rm to the provisions of the Koli Center Newport Tanned Community Development standards. 3. That the proposed monument sign shall be limited to a maximum height of nine (9) feet and shall have a maximum actual or projected footprint of twenty-one (21) square feet. Also that the final location of the proposed monument sign shall be approved by the City Traffic Engineer for sight distance. 4. That the design of the proposed covered walkway and koi pond to be located • over the city's storm drain easement be approved by the Public Works Department and that an encroachment agreement be executed by the owner approved by the City Council. The agreement will allow the owner to construct the improvements with the understanding that the city has the right to remove the encroachments if necessary for repair, replacement or maintenance of the existing storm drain. The owner will be responsible for the replacement of the improvements including all costs. The city would be held harmless from all liability associated with the existence of these improvements. 5. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 6. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. • I , -7- COMMISSIONERS ® June 21, 1990 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 8. That restaurant development standards pertaining to walls and storage shall be waived. 9. That dancing or live entertainment shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. 10. That all restaurant employees shall be required to park on -site at all times during the time which the restaurant is operating. 11. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties overlooking the restaurant. 12. That one parking space for each 40 sq.ft. of 'het public area in the restaurant facility shall be provided on -site and within the adjacent parking -areas governed by the reciprocal parking agreement for Koll Center Newport Office Site 'B". 13. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 14. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 15. That the hours of operation shall be limited between the hours of 6:00 a.m. and 2:00 a.m. daily, unless an amended use permit is approved by the Planning Commission. 16. That the applicant shall provide proof of reciprocal parking rights within the off -site pool parking area or shall obtain the approval of an off -site parking agreement for -8- Y June 21, 1990 • COMMISSIONERS o .o . MINUTES ROLL CALL INDEX 9 parking spaces in accordance with Section 20.30.0351) of the Newport Beach Municipal Code. 17. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon determination that the operation which is the subject of a this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 18. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. Va nce No. 1165 Public Hearin Item No.3 Request permit the construction of a single family dwelling on V1165 property 1 ated in the R-1 District which exceeds the 24 foot ' it in the 24/28 Foot Height Limitation District. Cont'd to basic height The proposal lso includes a request to permit the new 7-5-90 construction to a eed the height of top of curb on Ocean Boulevard to the tent that the existing garage and fence currently extend abov top of curb (varies between 4 feet 6 inches ± and 8 feet 6 in es ±). The proposal also includes a modification to the Zoning Code so as to allow the proposed structure to encroach 10 feet i o the required 10 foot front yard setback. LOCATION: A portion of B ck A, Corona del Mar, located at 3725 O an Boulevard, on the southwesterly side Ocean Boulevard between Poinsettia A nue and Poppy Avenue, in Corona del Ma ZONE: R-1 APPLICANT: Dan Hangsleben, Costa Mesa OWNERS: Kay and Virginia Smallwood, Corona del Mar -9- VT f Planning Commission Meeting June 21, 1990 Agenda Item No. 2 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 3385 (Public Hearing) Request to permit the construction of a new restaurant facility and related pavilion on property located in Office Site 'B" of the Koll Center Newport Planned Community which will replace an existing nonconforming restaurant which was established prior to the use permit requirement for restaurants in the Koll Center Newport Planned Community. The subject restaurant will continue to include the service of on -sale alcoholic beverages. The proposal also includes a modification to the Koll Center Newport Planned Community Development Standards so as to allow a ground sign which exceeds 4 feet in height. LOCATION: Parcel 1, Parcel Map 60-14 (Resubdivision No. 430) located at 4300 Von Karman Avenue, on the southeasterly side of Von Karman Avenue, between MacArthur Boulevard and Birch Street, in the Koll Center Newport Planned Community. - ZONE: P-C APPLICANTS Dennis G. Lee, Los Angeles OWNER: MTK Corporation of America, Irvine Application This is a request to permit the demolition and reconstruction of a restaurant specializing in Japanese cuisine with on -sale alcoholic beverages on property located in the Koll Center Newport Planned Community. In accordance with Section II, Group I, D of the Koll Center Newport Planned Community Development Standards, restaurants are permitted in Office Site 'B", subject to the securing of a use permit in each case. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 2 (Replacement or Reconstruction). TO: Planning Commission -2. Conformance with the General Plan The subject property is designated for "Administrative, Professional and Financial Commercial" uses by the Land Use Element of the General Plan and the Koll Center Newport Planned Community which also allocates a maximum of 1,060,898 square feet of commercial development on Office Site "B" and Planning Department records indicate that there is no remaining development allocation. A restaurant is considered a support retail use which is a permitted use within these designations. The Koll Center Newport Planned Community Development Standards also permit restaurants, subject to the securing of a use permit in each case. Subject Property and Surrounding Land Uses The subject restaurant facility is located in the Koll Center Newport Planned Community northeasterly of MacArthur Boulevard on Von Karman Avenue. The subject property is occupied by the existing Koto Restaurant facility and the existing parking lot. The surrounding parking lot is used in common by the restaurant facility and the surrounding office buildings. To the northwest, across Von Karman Avenue, is an office building; to the northeast, southeast and southwest are office buildings all a part of the Koll Center Newport Planned Community. Analysis - The existing restaurant facility was constructed prior to the requirement of a use permit. The applicant is proposing to totally demolish and remove the existing restaurant facility and reconstruct another restaurant facility which will contain identical square footage as the existing facility with on -sale alcoholic beverages. The restaurant will contain approximately 7,068± gross square feet and provide approximately 3,833± square feet of "net public area". The facility will consist of a main building with a ground floor of approximately 6,262± square feet, a second floor of approximately 275± square feet and a detached pavilion with approximately 532± square feet. The current restaurant operation includes the service of lunch and dinner during daytime and evening hours, with hours of operation from 11:00 a.m. to 10:30 p.m. Sunday through Thursday and 11:00 a.m. to 12:00 midnight on Fridays and Saturdays. The maximum number of employees during peak hours is approximately 20 employees. Staff has no objection if the hours of operation were limited between 7:00 a.m, and 12:00 midnight daily, since adequate parking will be provided in the on -site parking lot and the reciprocal parking areas immediately adjacent to accommodate the proposed restaurant. Subject Property Characteristics Gross Building Area Allowed: 7,068± sq.ft. (Existing 7,068 sq.ft.) TO: Planning Commission -3. Building Square Footage Existine Proposed First Floor main building 7,068.0± sq.ft. 6,261.0± sq.ft. pavilion none 532.0± sq.ft. Second Floor none 275.0± sq.ft. Gross Building Area 7,068.0± sq.ft. 7,068.0± sq.ft. "Net Public Area" Allowed 3,480.0 sq.ft. (based on 87 parking spaces x 40 sq.ft, per parkir , space = 3,480 sq.ft.) "Net Public Area" Proposed Existine Proposed 3,898.75± sq.ft. 3,833.0± sq.ft. Setbacks Required Proposed Von Karman Avenue setback 30 feet _ 36 feet 30 feet to roof overhang Northerly Property Line setback Main Building 0 feet 27 to 110 feet Pavilion 0 feet 10 to 55 feet Easterly Property Line Main Building 0 feet 123 feet Pavilion 146 feet Southerly Property Line Main Building 0 feet 29 to 54 feet Pavilion 0 feet 150 feet Proposed Parking (no change proposed) 87 on -site parking spaces (existing) 27 off -site parking spaces in the common parking area of Koll Center Newport Off -Street Parking Requirement The original construction of Office Site "B" was parked under a parking pool concept based on a graduated scale with the requirement decreasing as the total square footage " TO: Pla7ning Commission -4. increased. At the time of the most recent construction in the Koll Center, Newport Office Site "B", the total number of parking spaces provided on -site were 3,235 parking spaces. The number of total parking required for Office Site "B" based'dn the parking pool formula, as defined in the Koll Center Newport Planned Community Development Standards, is 3,028 parking spaces leaving a surplus of 207 parking spaces. The parking requirement for the proposed restaurant based upon a requirement of one parking space for each 40 square feet of "net public area" is 96.�parking spaces (3,833 sq.ft. _ 40 = 95.8 or 96 parking spaces). The parking requitement could vary from �77 spaces (one parking space for each 50 sq.ft. of "net. public area") to 128 space's (one parking space for each 30 sq.ft. of "net public area"). Considering the operational characteristics of the restaurant, staff is of the opinion that one parking space for each 40 sq.ft. of "net public area" is appropriate in this case. Inasmuch as only 87 parking spaces are provided on -site, the proposed restaurant facility will require the utilization of 9 off -site parking'spaces. According to the applicant, the restaurant site maintains reciprocal parking rights within- tlid pool parking area and therefore is proposing to utilize said area for the remaining 9 parking spaces. The facility's parking lot is immediately adjacent to a substantial number of additional parking spaces which is not specifically delineated from the subject property. Storm Drain Easement The subject property currently has a 10 foot wide storm drain easement which traverses the property. The proposed plans show improvements to be located over or across the easement. The Public Works Department has concerns with the proposed construction over or across said easement; appropriate conditions of approval have been included in the attached Exhibit "A" to mitigate those concerns. Restaurant Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. Said development standards include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no way be more detrimental to adjacent properties or improvements than will the strict compliance with the standards. Staff is of the opinion that the on -site development standards as they apply to perimeter walls and storage should be waived if the Planning Commission approves this application because of the existing physical characteristics of the site. All other restaurant development standards will be appropriately satisfied in accordance with the Koll Center Newport Planned Community Development Standards. ` TO: Planning Commission -5. Modification for Ground Sign The Koll Center Newport Planned Community Development Standards limit the height of monument signs to a maximum height of 4 feet measured above finished grade. The applicant is requesting approval of a monument sign with an overall height of 9 feet with footprint of 4 foot 6 inches by 4 foot 6 inches. Staff has no objection to the proposed monument sign so long as it does not interfere with the sight distance of traffic exiting the driveway. Specific Findings and Recommendations Section 20.80.060 of the Newport Beach IV micipal Code provides that in order to grant any use permit, the Planning Commission .iall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to approve this application, appropriate findings and conditions in conjunction with the applicant's _request are set forth in the attached Exhibit "A". However, if the Planning Commission desires to deny this application, the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By �;"- n AVIER S. &CiA Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Plot Plan and Floor Plan of Existing Restaurant Plot Plan, Floor Plans and Elevations ' TO: Pl ing Commission -6. EXHIBIT "A' FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3385 1. The proposed restaurant is consistent with the General Plan and the Koll - Center Newport Planned Community Development Standards, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the proposed restaurant use can be adequately served by existing on -site parking and off -site reciprocal parking. 4. That the design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. = - 5. That public improvements may be required of the developer in accordance with Section 20.80.060 of the Municipal Code. 6. The Police Department has no objections with the proposed development. 7. That the waiver of development standards as they pertain to walls and storage will not be detrimental to the adjoining properties given the developed characteristics of the existing facility and also the Koll Center Newport Planned Community Development Standards adequately address all other restaurant development standards. 8. That the proposed modification for the monument sign will not 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. 9. That the approval of Use Permit No. 3385 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. TO:' Planning Commission -7. CONDITIONS: 1. That the proposed conformance with th e 2. That all signs, other than the proposed monument sign included in this application, shall conform to the provisions of the Koll Center Newport Planned Community Development Standards. 3. • That the proposed monument s; n shall be limited to a maximum height of nine (9) feet L id shall have a maximum actual or projected footprint of twenty-one (21) square feet. Also that the final location of the proposed monument sign shall be approved by the City Traffic Engineer for sight distance. 4. That the design of the proposed covered walkway and koi pond to be located over the city's storm drain easement be approved by the Public Works Department and that an encroachment agreement be executed by the owner approved by the City Council. The agreement will allow the owner to construct the improvements with the understanding that the city has the right to remove the encroachments if necessary for repair, replacement or maintenance of the existing storm drain. The owner will be responsible for the replacement of the improvements including all costs. The city would be held harmless from all liability associated with the existence of these improvements. ' 5. That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the Public Works Department. 6. That grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. 7. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 8. That restaurant development standards pertaining to walls and storage shall be waived. TO: Planning Commission -8. 9. That dancing or live entertainment shall not be permitted in conjunction with this restaurant unless an amendment to this use permit is first approved by the Planning Commission. 10. That all restaurant employees shall be required to park on - site at all times during the time which the restaurant is operating. 11. That all trash areas and mechanical equipment shall be shielded or screened from public streets and adjoining properties overlooking the restaurant. 12. That one parking space for each 40 sq.ft. of "net public area' in the restaurant facility shall be provided on -site and within the adjacent parking areas governed by the reciprocal parking agreement for Koll Center Newport Office Site "B". 13. That the required number.of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self -parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each handicapped space. 14. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 15. That the hours of operation shall be limited between the hours of 5:00 a.m. and 2:00 a.m. daily, unless an amended use permit is approved by the Planning Commission. 16. That the applicant shall provide proof of reciprocal parking rights within the off -site pool parking area or shall obtain the approval of an off -site parking agreement for 9 parking spaces in accordance with Section 20.30.035D of the Newport Beach Municipal Code. 17. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 18. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. TO: Planning Commission -9. EXHIBIT 'B" FINDINGS FOR DENIAL USE PERMIT NO. 3385 FINDINGS: 1. That the proposed restaurant will increase the intensification of use of the property and generate an increase in traffic. 2. That the establishment, maintenance or oper, `ion of the use of building applied for will, under the circus. stances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood and the general welfare of the City, inasmuch as the proposed development could result in a significant increase in the intensity of use of the subject property. 1 f� fN WIN 1A P-C 1 I h lczt. Lc. PC tOT t m I uAr no. a. RICT 1� L .uINITY rE It P_C I Ii0 NO /R �I 4AWL FLLTPI[I fiFF 19w Y It iP-LMf e4D In I16 PVWCt TO 4 C^rM^ Yi1F O6• ye ,pwnn L 1.+. J.SA .tL L. '•� of °„urre,vc- A-bf 0•91 ix I N G MAP NEWPORT -- BEACH — CALITORNIA �\ PLANmnO COUM112 N R-4 AORICULTUNAL RESIDENT= MULTIRLC RESIDENTIAL G=-'l SINGLE FA11RY PRUDENTIAL 1r- �CAI -1 LIGHT COMMERCIAL CIIAIRYAX J GURtx AFa1DFNTIAL L':-4J GENERAL COMMERCIAL ' 6[CRCTARY to �C�l=a j REa RREo "IRE EAMavRESIaEHEUL G_ir UANUFACTURUIO I _ ICJ n CONOpING D13TMU LL� UNCLAG91i@0 _ J OATE p_ 7 SGO_ USE "ems R 1 I:� I p�,, I. x , II i I r ca ..1 J I - t do • �• � , L 1 `• I • it _ �n�i lil n'i pi'�. _—_ ,c r�y _~__ia _.! itC.---__-7 .�S??:;'aw.: .S' r.. _ �-- •'�1 ; � I . jw Li -717 ���. ��Iji I'jj.: 1 .1 - l © tL•_ __j/ i_r�__._� `= 1 :I I �i bj ~V' C S• i � �� R j � . ;" i�` y I r 14 1 , .4• . I � E j mt i �1 ! � _' r'i m—,__ ' `gib .-rye-vi"s' 'e' 3 9 ,. — •.r t I � ( . � —_-- ;' l /—� C _i'V. .Lil—''-""- y. ; t y �•` •; i Y'� T J. l.� ' I M1 ' O .,- ♦ _ " i, j: _ 1 f i rn r. ` S«i"^' .. �. .`�.�. 1, ..,• 'i'1' .ij •'• .:.•`1.: :�iTi•'i,Y` 'Ci r'�(.7 .- � :.. ..M . .. ..... .- ..e..r.�_..r.�:_ia•..arr�oGl.4 n'_-"''. - •.�Asliv.'uuiitfl�..�_ _ - _ - .. ..- _ Conditions of Approval > ' PC# 2005-90 Use Permit 3385 4300 Von Karman CONDITION DEPARTMENT ACTION 1. Substantial Conformance Planning Plan Approval 2. Signage Planning Plans Approval Separate Permit 3. Signage Planning Plans Approval Traffic Separate Permit 4. Encroachment Public Works Plans Approval 5. Refuse Containers Public Works Plans Approval Building 6. Grease Interceptors Public Works Field Check Building 7. Exhaust Fans Building Field Check 8. Storage Building Plans Approval 9. Entertainment Planning Use Permit Letter of Compliance ` 10. Parking Planning Field Check Letter of Compliance 11. Trash/Mechanical Building Plans Approva t Equipment 2 mou /� n Conditions of Approval PC# 2005-90 Use Permit 3385 4300 Von Karman Page 2 12. Parking Planning Plans Approval 13. Handicapped Parking Building Field Check 14. Circulation Traffic Plans Approval 15. % Hours of Operation Planning Letter of Compliance ' 16. Parking Agreement Planning Letter of Compli ce 1 17, Modity Use Permit Planning No Action 18. Plans Expiration Planning No Action t• '. �I.i�• .�-i'.I':.l J%1` aUl�.j j*1); �� 1, it ^•�': :i : (! `,f wry- J^: a -J•h?t. ��i^.f •, ^ 1�. { City of Newport Beach Building Department P.O. Box 1768 BUILDING PERMIT A M®1 1/-%A'r1nK1 I B* 24632 Newport Beach, CA 92658.5915 n r r �F Vn F E Y F PLAN CHECK NO. _ Permits: (714) 644.3288 . Inspections: (714) 644.3255 BUILDING �f' LOC I IEWSr ADDRESS L!4 G—G �Vv STAT. AREA GRP TYPE PROCEBL D BY LOT NO. BLOCK TRACT CONST. USE OF VACANT SITE LOT SIZE STRUCT. GRADING APPROVAL REQUIRED ❑ YES ONO ❑ YES ❑ NO T USE ZONE PARKING ' r Zap OWNERCORP l SPACES SPEC. ADDRESS ' COMBS. - - OMB �J CITY J G// Z,IOP.y� CONTRACTOR Q (.16 � - ADDRE� � TEL�ji /W •13 NO. C7 °opt .`n`8.",`dli2 of -u•ne.n = ,rSS CITY e L `• YARDE:REAR- RS - L9 LICENSE STATE NE PORT ZONING • - FAIR SHARE $ CLASS LIC. NO. LIC. NO. APPROVAL. ARCHITECT TEL FIRE EXCISE TAX $ OR ENGR. V6- NO. APPROVAL j (,//1�y GRADING .... SAN. DISTRICT ADDRESttS 6•1 twit's//4�T ` ZIP APPROVAL NO ZONE $ 'T CITY V BU 1 NIC. PLANO. BY—_ CHIC _ SJHTC $ r DESCRIPTION OF WORK - OTHER $ NEW O ADD ❑ ALTER ❑ REPAIR ❑ DEMOLISH ❑ APPROVAL TO -ISSUE TOTAL' $ .R. ,r.4L04, e4..T. 4eR Fg - WORKERS' COMPENSATION DECLARATION I HEREBY AFFIRM THAT I HAVE A CERTIFICATE OF CONSENT TO SELF -INSURE, OR A A C�jJJ• /'� Q CERTIFICATE OF WORKERS' COMPENSATION INSURANCE. OR A CERTIFED COPY THEREOF (SEC. 9000. LAB CJ PTOYCY NO COMPANY IJ CERTIFIED COPY 15 HEREBY FURNISHER. ❑CERTIFIED COPY 18 PILED WITH THE BUILDING DEPARTMENT. L SIGNATURE OF APPLICANT - DATE APPLICANT Lt S D TR CONA TORS ARATION CERTIFICATE OF EXEMPTION FROM WORKERS' 1 NEREDY AFFIRM THAT 1 AM LICENSED ER PROVISIONS OF CHAPTER D COMPENSATION INSURANCE �COMMENCINO WITH SECTION 7000) OF DIVISION 9 OF THE BUSINESS AND RNIS SECTION NEED NOT BE COMPLETED IF THE PERMIT 19 FOR ONE HUNDRED PROFESSIONS CODE. AND MY LICENSE 15 IN FULL FORCE AND EFFECT. DOLLARS ($1001 OR LESSJ I CERTIFY THAT IN THE PERFORMANCE OF THC WORK FOR WHICH THIS PERMIT 15 LICENSE CLASS LIC. NO. ISSUED. 1 SHALL NOT EMPLOY ANY PERSON IN ANY MANNER SO AS TO BECOME SUBJECT TO THE WORKERS' COMPENSATION LAWS OF CALIFORNIA. CONTRACTOR DATE DATE APPLICANT OWNER -BUILDER DECLARATION NOTICE TO APPLICANT( AFTER MAKING TNI9 CERTIFATIO OF EXEMPTION. YOU SHOULD DECOME SUBJECT OF THE 1 HEREBY AFFIRM THAT I AM EXEMPT FROM THE CONTRACTOR'S UCENSE LAW FOR THE PROMISORS OR TABOR CODE YOU MUST FORTHWITH COMPLY WITH SUCH PROVISIONS OR THIS PERMIT "BOB MSTFORTHWITH COMPLY WITH FOLLOWING REASON (SEC. 7031.5. BUSINESS AND PROFESSIONS COOO ANY CITY OR SHALL BE DEEMED REVOKED. COUNTY WHICH REDUIRCS A PERMIT TO CONSTRUCT. ALTER. IMPROVE. DEMOLISH. OR REPAIR ANY STRUCTURE. PRIOR TO ITS ISSUANCE. ALSO REQUIRES THE APPUCANT - - CONSTRUCTION LENDING AGENCY FOR SUCH PERMIT TO FILE A SIGNED STATEMENT THAT HE IS LICENSED PURSUANT TO I HEREBY AFFIRM THAT THERE 15 A CONSTRUCTION LEN03NO AGENCY FOR THE THE PROVISIONS OF THE CONTRACTOR'S LICENSE LAW ICHAPTER 0 (COMMENCING PERFORMANCE OF THE WORK FOR WHICH THIS PERMIT 15 ISSUED (SEC. 8097. CIV.CJ WITH SECTION 7000) OF DIVISION S OF THE BUSINESS AND PROFESSIONS CODE) OR THAT HE IS EXEMPT THEREFROM AND THE BASIS FOR THE ALLEGED EXEMPTION. ANY LENDER'S NAME VIOLATION OF SECTION 70915 BY ANY APPLICANT FOR A PERMIT SUBJECTS THE LENDER'S ADDRESS APPLICANT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS(58001J. ❑ OR MY EMPLOYEES WITH WAGES AS -THEIR SOLE 1 CERTIFY THAT 1 HAVE HEAD THIS'APPLICATIOWAND STATE THAT THE ABOVE I. AS OWNER OF THE PROPERTY. COMPENSATION, WILL DO THE WORK. AND THE STRUCTURE IS NOT INTENDED OR INFORMATION IS CORRECT. 1 AGREE TO COMPLY WITH ALL CITY AND COUNTY OFFERED FOR SALE (SEC. 7044. BUSINESS AND PROFESSIONS CODE, THE ORDINANCES AND STATE LAWS RELATING TO BUILDING CONSTRUCTION. AND HEREBY THE CONTRACTOR'S LICENSE LAW DOES NOT APPLY TO AN OWNER OF' PROPERTY WHO AUTHORIZE REPRESENTATIVES_ OF THIS COUNTY TO ENTER UPON BUILDS OR IMPROVES THEREON, AND WHO DOES SUCH WORK HIMSELF OR THROUGH ADOVC•MENTIONCD PROPERTY FOR INSPCCTION PURPOSES. HIS OWN EMPLOYEES. PROVIDED THAT SUCH IMPROVEMENTS ARE NOT INTENDED OR OFFERED FOR SALE IF. HOWEVER. THE BUILDING OR IMPROVEMENT IS SOLD WITHIN _ ON E YEAR OF COMPLETION, THE OWNER BUILDER WILLHAVE THE BURDEN OFPROVING - THAT HE DID NOT GUILD OR IMPROVE FOR THE PURPOSE OF SALE.). ❑ I. AS OWNER OF THE PROPERTY. AM EXCLUSIVELY CONTRACTING WITH LICENSED - SIGNATURE OF PERMITTEE BATE CONTRACTORS TO CONSTRUCT THE PROJECT (SEC. 7044. BUSINESS AND PROFESSIONS CODEI THC CONTRACTOR'S LICENSE LAW DOES NOT APPLY TO AN OWNER OF PROPERTY WHO BUILDS OR IMPROVES THEREON. AND WHO CONTRACTS Est Val. $` I (y T '- OIROT F889 $ FOR SUCH PROJECTS WITH A CONTRACTORUR LICENSED PURSUANT TO THE �'�"i�� CONTRACTOR'S LICENSE LAWJ. pIC Fe0 $LES�� I%Rnit Fee $ ❑ 1 AM EXEMPT UNDER SEC . 04P.C. FOR THIS REASON , Final Val. $ _ -_ Adj. PIC FaS $ OATS OWNER C&D $ Total Fees $ OWORK MUST BE STARTED WITH)If E OD OF 180 DAYS FROM THE DATE OF VALIDATION OR THIS PERMIT BECOMES NULL AND Vold. PLAN CHECK VALIDATION CK. M.O. CASH PERMIT VALIDATION ON. M.O. CASH O!5 fj 3 11/02/519 463,45 TOIL 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. T_ Numberkof Stories •, _ Floor Plan fully•d.11. oned`'showing all room uses. ; a+. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line. 7 r�dI21 J % 55 Fair Share Contribution l,, � San Joaquin Hills Transportation Corridor Fee - SPECIAL APPROVAL REQUIRED THROUGH: _ ate Please indicate any d cret excerpt approval f minuutesrsand t lihe st of of ns and findings the' a`t`tached, con itions into.the bluelicle`drawings approval letter into the blueline drawings �,. Modifications Committee: indicate Approval No. on Bluelines Modification required for 15 � Planning Commission/City council: _ Use Permit: No. Variance: NO' Resubdivision/Tract: No. Site Plan Review: No. Amendment: Other Public c_ Works: Easement/Encroachment Permit Subdivision Engineer Traffic Engineer Approval of Landscape Plans Building Department: Grading Engineer Parks Department: Approval of Landscape Plans T� Coastal Development Permits: Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Coastal Development PermNo. Effective Date Waiver/Exemption: Effective date: 01/ NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary grsfrothe application, pleasetcontacted above. me at (714)f644u have questions regardininyour g 3200. " FORMS\COMM-ZON.COR COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS ,,,'Q 2 O Plan Check No Telephone: j Date Districting Map No. Correctiods`Required , Legal Description: By:Christy Teacue Assistant Planner Address: Land Use Element Page Lot _ L Block Section act Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $5,000. Covenant required. Please have owner's signature notarized on the attached document and return to me. Lot Size zone 1 y Proposed Use • Recuired Setbacks / Front Rear Right Side Left Side FAR WORKSHEET Lot area (site area scr-ft.1: sq.ft. e ce 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 pk Square footage permitted: Comm res, okg sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B) comet res nkc Maximum square footage allowed: comm res sq.ft. [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: (C) Base FAR use sq.ft- sq.ft. (D) Reduced FAR use sq.ft. sq.ft. (E) Maximum FAR use sq.ft. sq.ft. (F) TOTAL SQ.FT. [C+D+E] sq.ft. [ F % site area sq.ft. ] PROP O" FAR: PROPQSBD DEVELOPMENT: FAR Use Category Weighting Factor Weighted Sq.Ft. (G1 (H) ( G x H 1 sq.ft. Base X 1.00 sq.ft. sq.ft. Reduced X 1.67 sq.ft. sq.ft. Maximum X 0.50 sq.ft. TOTAL WEIGHTED SQ.FT.(May not exceed BDA) A),O-7- _ Provide tissue overlay ,, lay of calculations to verify provided square footage. r�uT Required Parking /6 Proposed parking (Indicate number of a� a rovide Total On Parking �`% �"���� Standard compact In -lieu Parking nension building height as measured from natural grade to average and maximum 3f height S Dennis Lee Architects 707 Wilshire Boulevard, Suite 3270 Los Angeles, California 90017 Telephone(213) 623-2311 Facsimile (213) 624-9175 Attention T/Ci< ffDP57; - Date /Z� G✓ -ate Job Number Job Name LD rp p�Gs7�Ufifyi�Nr (f x L� Regarding l �% ' `�x r HIP, fJ/�i/— ��1>T copy 0611 IC a)61��5�/ Gary At -7' `91z7' � �jVGG�St'D 5� /SH PONo /.5 36 rr P25E n7 I�1ir dtOl-' i Z¢ �f ova 7774,5 ' � rcNT /5' 613WDSGfJpe /3RirJE25 r�tljT G�s;� i E03;�l 41vo rH6vne rs No sTn'�Gr�r� Q 1 o��EwaoR e� l CITY OF NEWPORT BEACH U - Z P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 Cq�! FO RN�P December 6, 1990 Dennis Lee Architects 707 Wilshire Boulevard, Suite 3270 Los Angeles, CA 90017 SUBJECT: USE PERMIT NO. 3385 KOTO RESTAURANT Dear Mr. Lee: The proposed fish pond and landscape bridge shown on the attached plan are not located over any Public Easements or facilities and therefore will not require an Encroachment Agreement. However, these improvements are located over a 10' wide private storm drain easement (O.R. 10413/573). The O.R. should be obtained from the County Recorders Office and reviewed for restrictions. If you have any questions or need additional information, please feel free to call me at (714) 644-3311. Very truly yours, Richard L. Hoffstadt Subdivision Engineer 3300 Newport Boulevard, Newport Beach 90 12/14 15:54 '&213-624-9175 MATSUBARA USA = 12002 nun CORPORATION OF AMERICA 17771 MITCHELL STREET. IRVINE, CALIFORNIA 92714, U.S.A. (71 a) 863•0200 Ms. Gina Garcia Planning Department City of Newport Beach 3300 Newport 91va, Newport Beach, Ca 92660 December 14, 1,990 Subject: iuil'O Restaurant: Use Permit #3385" Dear Ms. aarciat In referMnce,to the subjact pro-jectt anc9 ae ownersr we. hereby agrrr to the conditJons set forth in the use permit and spenifically the operational cha.raateriatios under items 4r 10 and 15. Sincerely, Kett K4yama President