The URL can be used to link to this page

Home My WebLink About1000 N BRISTOL ST111111111111111111111111 1000 N Bristol St 1 TO: FROM: SUBJECT: INITIATED BY INITIATED BY City Council Meeting September 13, 1993 Agenda Item No. CITY OF NEWPORT BEACH Mayor and Members of the City Council Planning Departme6%— A General Plan Amendment No. 93-2(E) is Request to amend the Land Use Element of the General Plan to increase the development allocation in Newport Place, Block I, by 1,080 square feet, from 99,538 sq.ft. to 100,618 sq.ft. so as to allow for outdoor dining in association with Pascal's Restaurant. The City of Newport Beach 0 B. Amendment No. 783 Request to amend the Newport Place Planned Community District Regulations so as to delete the provisions applicable to Building Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on Building Sites 3 and 5 to 8,000 square feet each. The City of Newport Beach I:@U C. Use Permit No. 1838 (Amended) Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale beer and wine within the Newport Place Planned Community District. The applicant proposes to expand the "net public area' of the restaurant by adding an outdoor dining area adjacent to the existing restaurant facility. The applicant also requests a waiver of a portion of the required offstreet parking spaces to accommodate the proposed expansion. I 11 TO: City Council - 2 D. Use Permit No, 3508. Request to permit the establishment of a combination take-out restaurant, catering, and wine store, with on -sale beer and wine, and incidental interior seating, on property located in the Newport Place Planned Community. The proposal also includes a request to waive a portion of the required off-street parking spaces. LOCATION: Parcel 1 of Parcel Map 97-18, 19 (Resubdivision No. 541) located at 1000 Bristol Street North, on the northeasterly side of Bristol Street North, westerly of Dove Street, in the Newport Place Planned Community, ZONE: P-C APPLICANT: Olhats Food Corporation, Newport Beach OWNER: L.S.W. Ltd., Laguna Beach Annlications These applications involve a request to expand an existing restaurant with on -sale beer and wine within the Newport Place Planned Community District and establish a new combination take-out restaurant, catering, and wine store, with on -sale beer and wine, and incidental interior seating. The proposed restaurant expansion includes the establishment of an outdoor dining area adjacent to the existing restaurant facility. In accordance with Part II, Section II, Group 1, C of the Newport Place Planned Community Development Standards, restaurants are a permitted use on the property, subject to the securing of a use permit in each case. In accordance with the provisions of Section 20.72.010 E of the Newport Beach Municipal Code, the expansion of an existing restaurant is also subject to the approval of a use permit in each case. Use Permit procedures are set forth in Chapter 20.80 of the Municipal Code. The proposal also includes a request to amend the Land Use Element of the General Plan to increase the development allocation in Newport Place, Block 1, by 1,080 square feet, from 99,538 sq.ft. to 100,618 sq.ft. so as to allow for the above mentioned outdoor dining in conjunction with the existing Pascal's Restaurant. A request to amend the Newport Place Planned Community District Regulations has also been included so as to delete the provisions applicable to Building Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on Building Sites 3 and 5 to 8,000 square feet each. General Plan Amendment procedures are set forth in Council Policy Q-1 and amendment procedures are set forth in Chapter 20.84 of the Municipal Code. TO: City Council - 3 Suggested Action Hold hearing; close hearing; if desired, adopt Resolution No. approving General Plan Amendment No. 93-2(E), adopt Resolution No. _ approving Amendment No. 783, and approve Use Permit No 1838 (Amended) and Use Permit No. 3508 as recommended by the Planning Commission. Planning Commission Reccomendation At its meeting of August 19, 1993, the Planning Commission voted (6 Ayes, 1 Absent) to recommend the approval of General Plan Amendment No. 93-2(E) and Amendment No. 783 to the City Council. The related items, Use Permit No. 1838 (Amended) and Use Permit No. 3508 were also approved by the Planning Commission, and will be reviewed by the Council in conjunction with the General Plan Amendment and P-C Amendment. Copies of the Planning Commission staff report and an excerpt of the draft Planning Commission minutes are attached for the City Council's information. Respectively submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director ��A4 W. illiam Ward, Senior Planner Attachments: Planning Commission Staff Report dated August 19, 1993 with attachments Excerpt of the Draft Planning Commission Minutes dated August 19, 1993 Resolution No. for General Plan Amendment No. 93-2(E) Resolution No. for, Amendment No. 783 Plot Plan and Floor Plans for Pascal's Restaurant and Pascal's Epicurie ...planning\bill•w\amend\a7g3.cc Planning Commission Meeting Auekist 19. 1993 Agenda Item No. I CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: A General Plan Amendment No 93 2(E) (Public Hearing) Request to amend the Land Use Element of the General Flan to increase the development allocation in Newport Place, Block I, by 1,080 square feet, from 99,538 sq.ft, to 100.618 sq.ft. so as to allow for outdoor dining in association with Pascal's Restaurant, INITIATED BY: The City of Newport Beach 13Amendment No 783 (Public Hearing) Request to amend the Newport Place Planned Community District Regulations so as to delete the provisions applicable to Building Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on Building Sites 3 and 5 to 8,000 square feet each. INITIATED BY: The City of Newport Beach 0 Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale beer and wine within the Newport Place Planned Community District. The applicant proposes to expand the "net public area" of the restaurant by adding an outdoor dining area adjacent to the existing restaurant facility. The applicant also requests a waiver of a portion of the required offstreet parking spaces to accommodate the proposed expansion. .AND 4 TO: Planning Commission - 2 D. Use Permit No 3508 (Public Hearing) Request to permit the establishment of a combination take-out restaurant, catering, and wine store, with on -sale beer and wine, and incidental interior seating, on property located in the Newport Place Planned Community. The proposal also includes a request to waive a portion of the required off-street parking spaces. LOCATION: Parcel 1 of Parcel Map 97-18, 19 (Resubdivision No. 541) located at 1000 Bristol Street North, on the northeasterly side of Bristol Street North, westerly of Dove Street, in the Newport Place Planned Community. ZONE: P-C APPLICANT: Olhats Food Corporation, Newport Beach OWNER: L.S.W. Ltd., Laguna Beach Applications These applications involve a request to expand an existing restaurant with on -sale beer and wine within the Newport Place Planned Community District and establish a new combination take-out restaurant, catering, and wine store, with on -sale beer and wine, and incidental interior seating. The proposed restaurant expansion includes the establishment of an outdoor dining area adjacent to the existing restaurant facility. In accordance with Part II, Section II, Group I, C of the Newport Place Planned Community Development Standards, restaurants are a permitted use on the property, subject to the securing of a use permit in each case. In accordance with the provisions of Section 20.72.010 E of the Newport Beach Municipal Code, the expansion of an existing restaurant is also subject to the approval of a use permit in each case. Use Permit procedures are set forth in Chapter 20.80 of the Municipal Code. The proposal also includes a request to amend the Land Use Element of the General Plan to increase the development allocation in Newport Place, Block I, by 1,080 square feet, from' 99,538 sq.ft. to 100,618 sq.ft. so as to allow for the above mentioned outdoor dining in conjunction with the existing Pascal's Restaurant. A request to amend the Newport Place Planned Community District Regulations has also been included so as to delete the provisions applicable to Building Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on Building Sites 3 and 5 to 8,000 square feet each. General Plan Amendment procedures are set forth in Council Policy Q-1 and amendment procedures are set forth in Chapter 20.84 of the Municipal Code. TO: Planning Commission - 3 Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality act under Class 1(Existing Facilities). Conformance with the 9eneral Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. The existing restaurant facility and the proposed combination take-out restaurant, catering and wine store are permitted uses within this designation, subject to the securing of a use permit. However, the Land Use Element also includes a maximum development allocation of 99,538 sq.ft for Block I of the Newport Place Planned Community which has been fully utilized by the existing development. Therefore, the applicant is requesting to increase the development allocation for the subject property, by 1,080 square feet, from 99,538 sq.ft. to 100,618 sq.ft. so as to allow for outdoor dining in conjunction with Pascal's Restaurant. Subject Property and Surrounding Land Uses The subject restaurant site consists of a portion of the Plaza Newport Shopping Village. The location of the proposed expansion is adjacent to the existing Pascal's Restaurant in a covered outdoor area between two buildings. To the north of the shopping center, at the rear of the property is an automobile dealership; to the east, is a Coco's Restaurant and related parking; to the south, across Bristol Street North, is the Corona del Mar Freeway; and to the west, is an office development. In the late 1970's, Plaza Newport Shopping Village was constructed with 41,163 gross square feet of commercial space and 230 parking spaces. At its meeting of August 18, 19779 the Planning Commission unanimously approved Use Permit No. 1838 to allow the establishment of Gower Street Restaurant in the existing commercial development. The Gower Street Restaurant space is now occupied by Pascal's Restaurant which has an approved "net public area" of 1,190± sq.ft., with a parking requirement of 30 spaces. It should be noted that the Planning Commission did not approve the applicant's request to reduce the parking requirement to one parking space for each 50 square feet of "net public area" nor were the hours of operation limited. An excerpt of the Planning Commission minutes of that meeting are attached for the Commission's information. At its meeting of February 169 1978, the Planning Commission unanimously approved Use Permit No. 1856 to allow the establishment of a Sizzler Restaurant having a "net public area" of 2,365± sq.ft. in an existing commercial structure. Under conditions of approval for the restaurant 58 parking spaces were required, based on one parking space for each 41 1 TO: Planning Commission - 4 square feet of "net public area". This restaurant has since been taken over by the Royal Khyber restaurant. An excerpt of the Planning Commission minutes for that meeting are attached for the Commission's information. At its meeting of May 8, 1986, the Planning Commission approved Use Permit No. 3198, a request to establish a reading clinic on the subject property in a neighboring commercial tenant space. The conditions of approval limited the hours of the operation to between 8:00 a.m, and 7:00 p.m., daily. The landlord has indicated that the school operation has not been in the shopping center for a number of years and does not foresee such a use returning. On March 19, 1992, the Code Enforcement Division observed that the subject restaurant was utilizing outdoor dining in conjunction with their establishment. On March 24, 1992, the Code Enforcement Division sent a letter to the applicant informing him to eliminate the outdoor dining area and to apply for an amendment to the use permit to utilize the outdoor dining area, a copy of that letter is attached for the Commission's information. Subsequent to receiving notification from the City, the applicant discontinued the use of the outdoor dining area and eventually filed a use permit application on May 13,1993 in order to amend Use Permit No 1838 so as to legally. establish the outdoor dining area. Use Permit No. 1838 (Amended) was taken off calendar at the Planning Commission meeting of June 24, 1993, inasmuch as it was determined that the Land Use Element of the General Plan did not currently permit further expansion of the existing shopping center. Analysis of Subject Restaurant and Take -Out Restaurant In conjunction with Use Permit No. 1838 (Amended), the applicant is requesting to amend the previously approved use permit so as to permit the expansion of the "net public area" of the existing restaurant, by establishing a new outdoor patio dining area in conjunction with the existing restaurant facility. The patio dining area consists of 480 sq.ft. of "net public area," with approximately 7 tables and 19 chairs, the interior dining area consists of 1,190 sq.ft. of "net public area". Therefore, the proposed expansion will result in a total of 1,670 sq.ft. of "net public area". The applicant has indicated that the number of restaurant employees may vary from 5 to 6 at any one time. The hours of operation of the existing facility are between the hours of 11:00 a.m. and 11:00 p.m. daily. The applicant has indicated that typically the restaurant will close at approximately 11:00 p.m. and may stay open later on Friday and Saturday nights. Staff has no objection to the proposed hours of operation, inasmuch as the facility is not located near any residential uses and the Planning Commission has the option to review the application and modify or add conditions, should a problem arise in the future. In conjunction with Use Permit No. 3508, the applicant is requesting to establish a separate 2,700± square foot, take-out restaurant in combination with a catering and wine store which will also include on -sale beer and wine, exclusive incidental seating inside the take-out TO: Planning Commission - 5 restaurant and nonexclusive seating outside of the facility. The service of alcoholic beverages in conjunction with the take-out restaurant will be limited to the interior seating area only. The hours of operation for the facility will be 8:00 a.m. to 9:00 p.m. Monday through Saturday and 8:00 a.m. to 2:00 p.m. on Sunday. There will be approximately 5 employees on duty during peak hours of operation. Aviila le,Parking Existing uses and parking at Plaza Newport are summarized as follows: use General Commercial pascal's Restaurant (U.P. No. 1838) Royal Khyber Restaurant (U.P. No. 1856) Total Parking Required: Amount 33,817 gross sq.ft. 1,190�+ sq.ft. "net public area" 2,365 ± sq.ft. "net public area" )parking Snaees Requited 135 30 W 223 spaces There are currently 233 on -site parking spaces. This is a surplus of 10 parking spaces above that which is required for all existing uses on the site as depicted in the table above. Off -Street Parking Requirement Section 20.30.035 B of the Municipal Code requires one parking space for each 40 square feet of "net public area" for a full service restaurant facility unless modified or waived by the Planning Commission in accordance with Section 20.72.130 of the Municipal Code. Based on a proposed "net public area" of 1,670t square feet and on one space for each 40 sq.ft. of "net public area", a total of 42 parking spaces would be required (1,670* 'square feet 40 = 41.75 or 42 spaces) for the expansion of the existing Pascal's Restaurant. Ia accordance with Section 20.30.035 of the Municipal Code, the restaurant parking requirement may also vary between one parking space for each 50 sq.ft. of "net public area" (1,670± sq.ft. = 50 = 33.4 or 34 parking spaces) to one parking space for each 30 sq.ft. of "net public area" (1,670± sq.ft. = 30 = 55.7 or 56 parking spaces), depending on the operational characteristics of the restaurant. The original approval of Use Permit 1838 on August 18,1977 required 30 parking spaces which was based on one parking space for each 40 sq.ft. of "net public area" (1,190± sq.ft.-: 40 = 29.75 or 30 spaces). Based on the same formula, the proposed outdoor dining area will increase the parking requirement for Pascal's Restaurant by 12 panting spaces (42 spaces total). In addition to the off-street parking required for Pascal's Restaurant, the Pascal's Epicerie, which will operate as a take-out restaurant, is required to provide one parking space for ', TO: Planning Commission - 6 each 50 square feet of gross floor area, plus one parking space for each employee on duty during peak hours of operation. Such a formula will require a total of 59 parking spaces for the take-out restaurant (2,700± sq.ft. = 50 sq.ft. = 54 spaces + 5 employee spaces = 59 parking spaces). Inasmuch as the commercial space which the applicant is proposing to locate the take-out restaurant is currently parked at one parking space for each 250 square feet of floor area, and is already allocated 11 parking spaces, the proposed take-out restaurant will increase the off-street parking requirement for the site by 48 parking spaces. The landlord has indicated that he will not allocate any additional parking spaces, over and above the 30 spaces already allocated for Pascal's Restaurant and the 11 spaces allocated to the commercial space to be occupied by Pascal's Epicene. Therefore, the applicant is requesting a waiver of the additional 12 parking spaces for the proposed outdoor dining area and the 48 additional spaces for the take-out restaurant. The Planning Commission has approved similar requests in the past when restaurants and take-out restaurants have been proposed within shopping centers which shared a common parking area. It has been determined in the past that the characteristics of such a pool parking can result in a reduction in the parking demand for any one particular use in that center. Staff is of the opinion that the waiver of a portion of the required parking may be appropriate in this case, given the pool of parking available for all the other uses on site. In addition, a significant portion of the take-out restaurant operation will include retail sales and catering activity; therefore, such use is not expected to generate as high a parking demand as the typical fast food take-out restaurant. Staff has no objections to the requested parking waiver. Outdoor Dining Areas As indicated previously, the proposed exterior dining area associated with Pascal"s Restaurant contains approximately 480± sq.ft. and will be for the exclusive use of the restaurant patrons. Said dining area will be located in an area of the shopping center which is covered by an existing roof overhang. Although this area will not in itself effect the vehicular traffic and circulation of the shopping center, the Public Works Department is concerned that the proposed exclusive dining area for Pascal's and the nonexclusive Pascal's Epicene will effect the passage of pedestrians to the parking lot at the rear of the shopping center. For this reason, the Public Works Department is recommending that a minimum 8 foot clear pathway be provided for pedestrian circulation and that the tables and chairs in the nonexclusive dining area be located so as to maintain unobstructed pedestrian circulation in and through the nonexclusive dining area. The Building Department has also indicated that a minimum forty-four (44) inch clear pathway must be maintained through the nonexclusive dining area for pedestrian and handicap circulation. The appropriate conditions of approval have been incorporated into the attached Exhibit "A". I TO: Planning Commission - 7 Outdoor Lc ujdsneakers Upon inspection of the site, staff observed that the applicant has installed audio speakers in the proposed outdoor dining area, which have been used in conjunction with the unapproved use of the outdoor dining area. The Planning Commission in the past has not approved the use of outdoor speakers either for paging or music purposes, inasmuch as it has been determined that such a use is not compatible with surrounding uses. Staff has therefore included a condition in the attached Exhibit "A" which prohibits the use of the outdoor speakers. Restaurant Development 5tanaaras Chapter 20.72 0£ the Newport Beach Municipal Code was amended in 1975 by the City in order to give the Planning Commission the opportunity to review any proposed restaurant through the use permit procedure. Development standards were established for restaurants in 1985 so as to insure that such facilities would be aesthetically compatible with adjoining properties and streets. Said development standards are set forth in Chapter 20.72 of the Municipal Code and include specific requirements for building setbacks, parking, traffic circulation, walls surrounding the restaurant site, landscaping, parking lot illumination, signing, underground utilities and storage. Section 20.72.130 of the Municipal Code states that the Planning Commission shall have the right to waive or modify any of the above mentioned development standards for restaurants or take-out restaurants if such modification or waiver will achieve substantially the same results and will in no way be detrimental to adjacent properties or improvements than will the strict compliance with said conditions. It is staffs suggestion that the development standards relative to traffic circulation, walls, parking lot illumination, landscaping and a portion of the required off-street parking be waived due to the existing physical characteristics of the on -site parking which is not proposed to be altered. The Newport Place Planned Community Development Standards also adequately address landscape requirements. u In accordance with the provisions of the Newport Place Planned Community District Regulations, the existing requirements in Building Sites 2, 3 and 5 include provisions which require that one square foot of floor area devoted to restaurants shall be counted as two square feet of the permitted commercial floor area. Said provisions further restrict the allowable restaurant floor area on Building Sites 3 and 5 to 8,000 square feet each. These provisions were established in an attempt to recognize the higher traffic generating characteristics of restaurant uses, as compared to general commercial uses. The applicant has requested that these provisions be eliminated from the Planned Community District Regulations. 10 TO: Planning Commission - 8 These provisions of the P-C regulations were originally adopted in 1977, when the City was beginning to recognize the need to regulate development in a manner which recognized the constraints of the circulation system. It is the opinion of staff that this methodology is obsolete, and that this requirement is no longer necessary. In the time since 1977, the City has developed two traffic models, and has adopted the Traffic Phasing Ordinance. The traffic models have allowed City staff to evaluate the adequacy of the circulation system assuming a standard mix of commercial land uses, including restaurants. As a result, the City has adopted a Land Use Plan which sets development limits on a City-wide basis which are correlated with the capacity of the planned roadway system. The Traffic Phasing Ordinance allows the City to assess the impact of larger developments on intersection capacity, which is critical to the overall function of the system. This project has been reviewed by the City's Traffic Engineer, and he has determined that the increase in restaurant development will not create any deficiencies in the roadway system serving this area. The proposed increase in development will not, therefore, create an inconsistency between the Land Use and Circulation Elements, if approved Specific Findings No specific findings are required for the approval or denial of a General Plan Amendment. However, it is staffs opinion that the primary issue to be addressed in the consideration of the project is the availability of adequate on -site parking to support the level of development intensity requested on the property. Therefore, should the Planning Commission wish to approve General Plan Amendment No. 93-2 (E), the suggested action set forth in the attached Exhibit "A" is recommended. However, should the Planning Commission wish to deny General Plan Amendment No. 93-2 (E), the finding set forth in the attached Exhibit "B" is suggested. Should the Planning Commission wish to approve Amendment No. 783, the suggested action set forth in the attached Exhibit "A" is recommended. Inasmuch as staff could not determine reasonable findings for the denial of Amendment No. 783, none have been included in the attached Exhibit "B". However, the possibility remains that information may be provided at the public hearing which may provide adequate basis for recommending denial of Amendment No. 783, should the Planning Commission wish to take such an action. Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use 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 TO: Planning Commission - 9 welfare of the City. Should the Planning Commission wish to approve Use Permit No.1838 (Amended) and Use Permit No. 3508, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. However, should the Planning Commission wish to deny either one or both of the use permit applications, the findings set forth in the attached Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By W. William War Senior Planner Attachments: Exhibit "A" Exhibit "B" Vicinity Map Excerpt of the Planning Commission Minutes dated August 18, 1971 and February 16, 1978 Letter from the Code Enforcement Division to the Applicant Planning Commission Resolution No. for General Plan Amendment No. 93.2(E) Planning Commission Resolution No. for Amendment No. 783 Plot Plan and Floor Plans for Pascal's Restaurant and Pascal's Epicurie F.\...\Bill-W\UP\uP1 &MA 1Z TO: Planning Commission - 10 EXHIBIT "A" ACTIONS FOR GENERAL PLAN AMENDMENT NO. 93-2(E); AMENDMENT NO. 783 AND FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1838 (AMENDED) AND USE PERMIT NO. 3508 A, General Plan Amendment No. 93-2(E i. Adopt Resolution No. recommending to the City Council adoption of General Plan Amendment 93-2(E), amending the Land Use Element of the General Plan so as to increase the development allocation in Newport Place, Block I, by 1,080 square feet, from 99,538 sq.ft. to 100.618 sq.ft. so as to allow for outdoor dining in association with Pascal's Restaurant. B. Amendment No. 783 1. Adopt Resolution No. recommending to the City Council adoption of Amendment No. 783, amending the Newport Place Planned Community District Regulations so as to delete the provisions applicable to Building Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on Building Sites 3 and 5 to 8,000 square feet each. C. Use Permit No 1838 (Amended) Findings: 1. That the expanded restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. 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. 4. That the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and a portion of the required parking spaces (12 spaces) will be of no further detriment to adjacent properties inasmuch as the proposed restaurant is located in an existing developed shopping center and the Newport Place Planned Community Development Standards also adequately address landscape requirements. (3 TO., Planning Commission - 11 5. The approval of Use Permit No. 1838 (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. QQnditions: 1. That the proposed restaurant shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That all applicable conditions of approval of Use Permit No. 1838 and Use Permit No. 1838 (Amended) shall remain in effect. 3. That a minimum of thirty (30) parking spaces shall be provided for the restaurant facility at all times it is in operation. 4. 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. 5. The "net public area" of the restaurant shall be limited to a maximum of 1,670± square feet (a maximum of 480± sq.ft. of outdoor dining and 1,190± sq.ft. of interior dining). 6. That live entertainment and dancing shall not be permitted unless an amendment to this use permit is first approved by the Planning Commission. 7. That all employees of the restaurant shall be required to park on -site. 8. That the restaurant development standards as they pertain to a portion of the required parking (12 spaces), traffic circulation, walls, parking lot illumination, and landscaping are hereby waived, 9. 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. 10. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of'the Uniform Plumbing Code, unless otherwise approved by the Building Department. I� TO: Planning Commission - 12 11. That kitchen exhaust fans shall be designed to control smoke and odor. 12. That all mechanical equipment and trash areas shall be screened from view from Bristol Street North and adjoining properties. 13. That service of alcoholic beverages in the patio dining area shall be licensed by the State Alcoholic Beverage Control. 14. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the subject restaurant. 15. That a minimum forty-four inch clear pathway shall be maintained through the outdoor dining area at all times. 16. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. D. Use Permit No. 3508 Findings: 1. That the proposed take-out restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the subject project and that the operational characteristics of the combination take-out restaurant, catering, and wine store in conjunction with a retail catering and wine sales facility are such that the parking demand will be lower than the typical take-out restaurant. 3. 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. 4. That the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and a portion of the required parking spaces (48 spaces) will be of no further detriment to adjacent properties inasmuch as the proposed restaurant is located in an existing developed shopping center and TO: Planning Commission - 13 the Newport Place Planned Community Development Standards also adequately address landscape requirements. 5. The approval of Use Permit No. 3508 will not, under the circumstances of this case, be detrimental to the bealtb, 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. nditi m 1. That the proposed take-out restaurant shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That a minimum of eleven (11) parking spaces shall be provided for the combination take-out restaurant, catering and wine store, at all times during its operation. 3. That the restaurant development standards as they pertain to a portion of the required parking (48 spaces), traffic circulation, walls, parking lot illumination, and landscaping are hereby waived. 4, 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. 5, That the hours of operation shall be limited between the hours of 8:00 a,m. and 9:00 p.m. Monday through Saturday and 8:00 a.m. to 2,00 p.m. on Sunday. 6. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. ')'hat grease interceptors shall be installed on all factures in the take-out restaurant where grease may be introduced into the drainage systems in accordance with the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 8. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 9. That all signs shall conform to the provisions of the Newport Place Planned Community District Regulations, 10. That the service and consumption of on -sale beer and wine shall be permitted within the interior portions of the take-out restaurant only and no consumption of alcoholic 1� TO: Planning Commission - 14 beverages shall be permitted within the non exclusive seating area, outside of the take-out restaurant. 11. That the sidewalk in front of the subject 'facility shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed, or washed in such a manner that any debris or wastewater does not enter the storm drain system or the Bay. 12. That the final location of the tables and chairs within the non exclusive dining area shall be subject to further review and approval by the City Traffic Engineer. 13. 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. 14. That all mechanical equipment and trash areas shall be screened from surrounding public streets and adjoining properties. 15. That the employees shall park their vehicles on -site at all times. 16. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 11 TO: Planning Commission - 15 EXHIBIT "B" FINDINGS FOR DENIAL OF GENERAL PLAN AMENDMENT NO. 93.2(E), USE PERMIT NO. 1838 (AMENDED) AND USE PERMrr NO. 3508 A CQ, neral Plan Amendment No. 93-2(L) 1. That the additional development entitlement requested for the subject property is inappropriate inasmuch as there insufficient on -site parking to support the level of development intensity that would occur on the site as a result of the additional entitlement. B. Ilse Permit No, 1838 (Amended) 1. That the proposed restaurant expansion will increase the intensification of use of the property and generate an increase in traffic and parking demand. 2, That there is no justification for the requested waiver of a portion of the required additional parking, given that a surplus of parking currently is available on -site. 3. That the establishment, maintenance or operation of the use of building applied for will, 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 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. C. Use Permit No. 3508 1. That the proposed combination take-out restaurant, retail catering and wine sales facility will increase the intensification of use of the property and generate an increase in traffic and parking demand. 2. That there is not adequate on -site parking for the proposed use based on the take- out restaurant parking requirement set forth in the Section 20.30.035 B of the Newport Beach Municipal Code. 3. That the establishment, maintenance or operation of the use of building applied for will, 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 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. DOVE P'C ��{ .�,Na,'ii t`.ir'. e.:.n+'s -• I P-C �rbc r « J� P-C I P-C d � V MIA .e LOT I aa Tl t39d ac 3 \1d c�L « Ic,9zs ST. ,I{iQa O G P-C I I N I I • Y 1 v, • n e r_C • 2 1 QUA/L ST• I t_1 • ,r N MiP [ : C p_ e U N I N STREET NORTH � I 8RlSTOL b MAR FREEWAY m GORONA w •.. 8 BR/STa' .e I D15TRICTI NG MAP NEWPORT BEACH — CALIFORNIA R-A AGRICULTURAL RESIDENTIAL SINGLE FAMILY RESIDENTIAL DUPLEX RESIDENTIALRESTTI MA.TPLE FAMLY RESIDENTIAL MULTIPLE RESIDENTIAL C-1 C-2 M-I-A M-1 LIGHT COMMERCIAL GENERAL COMMERCAL CONTROLLED MANUFACTURINGR-4 MANUFAOTURNO, NIINTERMEDIATE UNClAS51FlEO COMBINING DISTRICTS PLANNING COMMISSION R-1 R-2 opo. No. 929 DATE ..• r•'Z-5 N FEET 93 -2 (E). i83S (APPV05P) AND USE PE"/7 �11D. 35D8 ;' A Newport- each 1 RMA 1 1� ihat-theOl posed us^_ wi11 be detrimental to the health, safe•Ly, peace, norals, comfort and general welfare of -Ae oons residing and workin in the neighborhood or b'";.ttrimental or injurious to property or In rovapients in the i ncigh9rrhood or the general welfar the tit land denied Use Permit No. 1837. Request to establish a restaurant facility with on -sale beer and wine in a proposed commercial complex in Newport Place. Location: Parcel 1 of Parcel Map 97-18 and 19 1000uBristoloStreet5(horth)conethet northeasterly side of Bristol Street ({North) between Spruce Avenue and Dove Street in Newport Place. Zone: P-C AaplICan t: Ronald Shef, Costa Mesa owner: L. S. 1:. Ltd„ Irvine Public hearing was opened in connection with this matter. P.onald Shef, 2780 Waxwing Circle, Costa Mesa, appeared before the Commission and concurred with the staff report and recommendations. Hill Langston, 18 Oak Crest Lane, pruperty owner, appeared before the Commission to concur with the recumnendations and tormented on the history of the property and the guidelines for development: There being no others desiring to appear, and be heard, the public hearing was closed. Wo ^: City of Newport 3each MI!,;jTES ! 1 a Old. CAII 1 1i . :lotion ! i it. Motion, was ^a a that 7 1 a n n i n g Co•mnission nake the All Ayes' ! Following findings: iI I 1. That the proposed use is consistent with the - i land Use Element of the General Plan and is 1 I i I compatible with surrounding land uses and the - developnent standards of Newport Place. i • '2. The protect will not have any significant i environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The approval of Use Permit No. 1838 will not. ! under the circumstances of this case be detri- mental to the health, safety, peace, moral's, comfort and general welfare of persons residing and working in the neighborhood or be detri- mental or injurious to -property or, improvements in the neighborhood or the general welfare of - the City. and approve Use Permit No. 1838,'subject•to the following findings: 1. That development shall be in substantial conformance with the approved plot plans. 2. That a minimum of one parking space for each i. 40 square feet of "net floor area" in the restaurant facility shall be maintained in the • conmon parkin3 lot. I 3. That all mechanical equipment, storage, and trash areas shall be screened from adjoining properties and from Bristol Street (North). : i I4. That all exterior signs shall be in accordance with the approved development standards permit- i r ted for signs in Newport Place. R • R COMMISSIONERS City of Newport Beach MINUTES Motion All Ayes February 16. 1978 —T-he—hhandicap parking space at Birch Street and Y'a1Y-'K-anman Avenue corner conflicts with the pedestrian "ci-r-cujation sidewalk. The area should be redesign-�d--to the satisfaction of the Public Works bepartment:"�---._ tequest to establish a restaurant facility with In -sale beer and wine in the Plaza Newport Shoppin tillage in Newport Place. .ocation: Parcel 1 of Parcel Map 97-19 (Resubdivision No, 541), located at 1000 Bristol Street (North) on the northeasterly side of Bristol Stree (North) between Spruce Avenue and Dove Street in Newport Place. Zone: P-C Applicant: Collins Foods International, Inc., Los Angeles Owner: L. S. W. Limited, Newport Beach Public hearing was opened in connection with this matter. Bill Langston appeared before the Commission on behalf of the applicant and owner and commented on the proposed restaurant facility and parking. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that Planning Commission make the following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible ith development wstandards surrounding ofNewport Place. the 2. The project will not have any significant environmental impact. I3. The Police Department has indicated that they do not contemplate any problems. INDIM Item N8 USE PERMIT N .6 - APPROVED CGRDTI- T7b1i LLY yv COMMISSIONERS City of Newport Beach MINUTES POLL CALL February 16, 1978 4. The approval of Use Permit No. 1856 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 neighbor- hood or be detrimental or injurious to proper or improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1856, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plans. 2. That a minimum of one parking space for each 41 square feet of "net floor area" in the restaurant facility shall be maintained in the common parking lot. 3. That all mechanical equipment, storage, and trash areas shall be screened from adjoining properties and from Bristol Street (North). 4. That all exterior signs shall be,in accordance with the approved development standards permitted for signs in Newport Place. Planning Commission recessed at 9:00 P.M. and reconvened at 9:10 P.M. INO<X �- - ;3 CITY OF NEWPORT BEACH PO. BOX 1768, NEWPORT BEACH, CA 92659.1768 PLANNING DEPARTMENT (714) 644-3215 March 24, 1992 Pascal's 1000 Bristol, Suite #11 Newport Beach, CA 92660 Alin' Pasca101hats Subject Propert;•: 1000 Bristol, 1, t Suite 1, Newport Beach, CA O. Dear Mr. Olhats: You assured this office that an application for an amendment to Use Permit No. 1838 would be filed with us no later than March 13, 1992 in time to meet the filing deadline for the April 9, 1992 Planning Commission hearing. That deadline has passed, and we have yet to receive an application from you. At our meeting at the subject property on March 19, 1992, you informed this office that you would not remove the existing outside tables and chairs, but that you would indeed file an application for the amendment with this office in time to meet the deadline for the next available Planning Commission hearing. Therefore, an application for an amendment must be filed with this office no later than March 27, 1992, or without further delay this matter will be referred to the Office of the City Attorney for appropriate action. Please consider the significance of this letter. To discuss this letter you should contact Elaine Brahler between the hours of 7:30 and 8:30 a.m. or 4:00 and 4:30 p.m. at the above phone number. PLANNING DEPARTMENT JAMES D. HEWICK.ER, Director �1 By_6r6 GAS =— xc: Bill Ward, Senior Planner EISW, Ltd., 17962 Cowan St. laine Brahler Code Enforcement Officer Irvine, CA 92714 3300 Newport Boulevard, Newpor t Beach .-AA y� Resolution No. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF GENERAL PLAN AMENDMENT 93-2(E) AMENDING THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN, SO AS TO INCREASE THE DEVELOPMENT ALLOCATION IN BLOCK I OF THE NEWPORT PLACE PLANNED COMMUNITY BY 1,080 SQUARE FEET SO AS TO ALLOW FOR OUTDOOR DINING IN CONJUNCI-ION WITH PASCALS RESTAURANT WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, said element of the General Plan sets forth objectives, supporting policies and limitations for development in the City of Newport Beach; and WHEREAS, said element of the General Plan designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations, and floor area ratio ordinance;, and WHEREAS, the Land Use and Circulation Elements are correlated as required by California planning law; and WHEREAS, the provisions and policies of the Land Use and Circulation Elements are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance; and WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission has held a public hearing to consider a certain amendment to the Land Use Element of the Newport Beach General Plan; and WHEREAS, the proposed project is compatible with the existing land uses in the Newport Place Planned Community; and WHEREAS, the circulation system will not be significantly impacted by the proposed project; and WHEREAS, in conjunction with the consideration of the above referenced amendment to the Land Use Element of the General Plan, it has been determined to be Categorically Gempt from the provisions of the California Environmental Quality Act , (CEQA) under Class 1 (Existing Facilities); and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach that an amendment to the General Plan of the Neaycm, P4ac4t Municipal Code be recommended to the City Council for approval as fntlaas: Than the devciop ucnt n9neatinn in Newport Place, Block 1, shall be Increased by 1,080 square feet, from 99,VS sq.ft. to 100,618 sq.ft. so as to allow for outdoor dining in association with Pascaft Restaurant. ADOPTED this J9.L day of —A—vy93L, 1993. AYES NOES ABSENT Harry O. Merrill, Chairman Anne Gifford, Secretary Resolution No. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF AMENDMENT NO. 783, AMENDING THE NEWPORT PLACE PLANNED COMMUNITY DISTRICT REGULATIONS SO AS TO DELETE THE PROVISIONS APPLICABLE TO GENERAL COMMERCIAL BUILDING SITES 2, 3, AND 5, WHICH REGULATE THE AMOUNT OF RESTAURANT FLOOR AREA PERMITTED ON EACH BUILDING SITE WHEREAS, Section 20SI.045 of the Newport Beach Municipal Code provides that amendments to a Planned Community Development Plan must be approved by a Resolution of the Planning Commission setting forth full particulars of the amendment; and WHEREAS, the Planning Commission has conducted a public hearing on August 19, 1993, at which time this amendment to the Newport Place Planned Community Development Standards was discussed; and WHEREAS, the Planning Commission has determined that the subject provisions which regulate the amount of restaurant development within General Commercial Building Sites 2, 3 and 5 of the Newport Place Planned Community are out dated and unnecessary and that the proposed changes were appropriate and necessary; and WHEREAS, The Planning Commission has determined that the existing Traffic Phasing Ordinance provisions allow the City to assess the impact of larger developments on intersection capacity, which is critical the overall function of the system. NOW, TILEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach that Amendment No. 710, as further set forth in the attached Planning Commission minutes dated August 19, 1993, be recommended to the City Council for adoption. ADOPTED this 191h day of August. 1223, by the following vote, to wit: AYES NOES ABSENT BY Harry O. Merrill, Chairman BY Anne Gifford, Secretary COMMISSIONERS DRAFT MINUTM CITY OF NEWPORT BEACH " " 30LL CALL INDEX A. General Plan Amendment No 93-2(E) (Public Hearing) Item No.a Request to amend the Land Use Element of the General Plan to GPA93-2 (f increase the development allocation in Newport Place, Block 1, by Res. 1334 1,080 square feet, from 99,538 sq.ft. to 100.618 sq.ft. so as to allow Approved for outdoor dining in association with Pascal's Restaurant and a A. 783 future restaurant facility. Res. 133! Approved INITIATED BY: The City of Newport Beach UP 1838( AND Approved UP 3508 13 Amendment No 783 (Public Hearing) Approved Request to amend the Newport Place Planned Community District Regulations so as to delete the provisions applicable to General Commercial Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on General Commercial Sites 3 and 5 to 8,000 square feet each. INITIATED BY: The City of Newport Beach AND C. Use Permit No 1838 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale beer and wine within the Newport Place Planned Community District. The applicant proposes to expand the "net public area" of the restaurant by adding an outdoor dining area adjacent to the existing restaurant facility. The applicant also requests a waiver of a portion of the required offstreet parking spaces to accommodate the proposed expansion. -2- A) COMMISSIONERS 'MINUTES <OLL CALL CITY OF NEWPORT BEACH MER D. Use Permit No 3508 (Public Hearing) Request to permit the establishment of a combination take-out restaurant, catering, and wine store, with on -sale beer and wine, and incidental interior seating, on property located in the Newport Place Planned Community. The proposal also includes a request to waive a portion of the required off-street parking spaces. LOCATION: Parcel 1 of Parcel Map 97-18, 19 (Resubdivision No. 541) located at 1000 Bristol Street North, on the northeasterly side of Bristol Street North, westerly of Dove Street, in the Newport Place Planned Community. ZONE: P-C APPLICANT: Olhats Food Corporation, Newport Beach OWNER: L.S.W. Ltd., Laguna Beach James Hewicker, Planning Director, referred to a recommendation in the staff report that a minimum 8 foot clear pathway be maintained through the proposed exclusive and non-exclusive dining areas of the restaurant to provide for pedestrian access to the parking spaces located at both the front and rear areas of the shopping center. Mr. Hewicker said that this recommendation, however, was not made an actual condition to the use permit. I-Ie stated that currently, in the area where the exclusive dining is proposed, there is more than 8 feet clearance, however existing landscape planters and building supports occupy portions of the clearance space. Mr. Hewicker said that if it were the intent of the Planning Commission to require a minimum 8 foot clear accessway, it would only occur where 8 feet currently exists, and the applicant would not be required to provide greater access than that which the shopping center developer originally provided. -3- INDEX 3-9 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Au sr I i ve tOLL CALL INDSX Planning Director Hewicker also referred to a discussion in the staff report regarding a requirement of the Building Code that a minimum forty-four (44) inch clear pathway be maintained through the non-exclusive Epicerie dining area for pedestrian and handicap circulation. Mr. Hewicker questioned the amount of space that would be remaining for the placement of dining tables and chairs, as requested by the applicant, after providing for the clear pathway. He also stated that the original applications requested an additional 480 square feet for proposed non-exclusive patio dining and 600 square feet for proposed exclusive Epicerie dining. Inasmuch as the Epicerie dining was now proposed to be non- exclusive, the total additional allocation requested of 1,080 square feet was not technically necessary. In response to questions by Commissioner Ridgeway and Chairman Merrill, Planning Director Hewicker pointed out on the display the proposed dining areas of Pascal's restaurant and those areas which would be affected by the forty-four inch clear pathway requirement. Mr. Don Webb, City Engineer responded to questions posed by Chairman Merrill and Commissioner Glover regarding Condition No. 12 to Use Permit 3508, 'That the final location of the tables and chairs within the non exclusive dining area shall be subject fo further review and approval by the City Traffic Engineer." Mr. Webb explained that vehicular and pedestrian circulation are included among the responsibilities of the Public Works Department. In regards to the proposed project, assuring that there are unobstructed through -walkways for pedestrians as well as safe and adequate access to parking areas would be a responsibility of the City Traffic Engineer. The reasoning for this requirement, Mr. Webb continued, is that the development plans that staff reviews are not a detailed final version. There is a possibility that as the project develops, changes will occur or become necessary that are not shown on the original submittal drawings. In response to an inquiry by Commissioner Gifford regarding the authority of the City Traffic Engineer in respect to the -4- COMMISSIONERS 'MINUTES O HO.n0--' qS' ?OCO�L9�pfffl�Q�d o 0 CITY OF NEWPORT BEACH ROLL CALL INDEX aforementioned Condition No. 12, Assistant City Attorney Robin Flory stated that approval is for the specific number of tables and chairs requested by the applicant. If, upon review, the Traffic • Engineer determines that the placement of the requested number of tables and chairs obstructs pedestrian circulation, the project would come back to the Planning Commission for review. The public hearing was opened in connection with this item, and Mr. Jerry King, J. A. King & Associates, 130 Newport Center Drive, representing the applicant, appeared before the Planning Commission. In reference to the discussion above regarding isle widths and placement of tables and chairs, Mr. King stated that the property owner's representative had indicated that if necessary, in order to accommodate clear space for both unobstructed pedestrian and handicap passage and the dining furniture, there could be some reconfiguration of a portion of the landscape planters. Mr. King emphasized that the furniture is available in various sizes and shapes and would not be ordered until the issues were refined. He stated that both the ownership of the center and the applicant concurred with the findings and conditions in Exhibit "A." Responding to a question posed by Commissioner Edwards regarding the furniture placement, Mr. Pascal Olhats, applicant and owner of Pasqual's restaurant, appeared before the Planning Commission. Mr. Olhat indicated his belief that the necessary requirements would be satisfied. He also stated it would be his responsibility to maintain the walkways. In reference to Condition 14, Use Permit No. 1838 (Amended), prohibiting the use of loudspeakers or paging system, Mr. King informed the Planning Commission that the restaurant enjoyed background music as part of the center's sound system. He said that the restaurant would wish to continue having the availability of background music, but had no intention of employing a paging system. Discussion ensued whereby Mr. Harry Woloson, Co - "general Partner of the owner of the shopping center, appeared before the Planning Commission. Mr. Woloson stated that -5- COMMISSIONERS MINUTES oLL CALL Motion CITY OF NEWPORT BEACH currently the center did not utilize a speaker system; the background music emanated from speakers controlled from within Pascal's restaurant. Mr. Woloson said that he did not believe the music would create a problem but rather would enhance the operation of the restaurant. Commissioner Edwards suggested that Condition No. 14 be modified to read, "That no outdoor loudspeakers or paging system shall be pennitted in conjunction with the subject restaurant, other than background music front the system as presently exists." Mr. King indicated that this modification would be acceptable to both the property owner and the applicant. Mr. Dave Patterson, 209 Nata, Newport Beach, appeared before the Planning Commission and stated he had known the applicant, Pascal Olhat, for several years and knew him to be a reliable person, with impeccable taste. Mr. Patterson stated his opinion that an expansion of Pascal's restaurant would be an even greater asset to the community it already successfully serves. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made by Commissioner Glover to approve General Plan Amendment No. 93-2(E), Amendment No. 783, Use Permit No. 1838 (Amended), and Use Permit No. 3508 subject to the findings and conditions in Exhibit "A," and to modify Condition No. 14, Use Permit No. 1838 (Amended), as recommended by Commissioner Edwards. Commissioner Glover stated her belief that the expansion of the restaurant would prove a benefit to the shopping center. Commissioner Di Sano stated his support of the motion and complimented the applicant on providing the community with a fine restaurant operation. Commissioner Gifford said she would be supporting the motion and commented that Pascal's Restaurant was consistently rated as not only one of the finest restaurants in Orange County but also III INDSX 37,- . COMMISSIONERS MINUTES �s O� 9��ofCC�� HO �s 0 CITY OF NEWPORT BEACH ROLL CALL t']U uJl 17 1770 INDEX in Southern California as well. She said she felt that increasing the number of outdoor dining areas adds to the livability and ambiance of the community. Motion was voted on to approve General Plan Amendment No. 93-2(E) [Resolution No. 1334], Amendment No. 783 [Resolution No. 1335], Use Permit No. 1838 (Amended), and Use Permit No. * * * * 3508 subject to the findings and conditions in Exhibit "A," and to Ayes Absent * * * modify Condition No. 14, Use Permit No. 1838 (Amended), as recommended by Commissioner Edwards. MOTION CARRIED. FINDINGS: A. General Plan Amendment No. 93-2(El 1. Adopt Resolution No. 1334, recommending to the City Council adoption of General Plan Amendment 93-2(E), amending the Land Use Element of the General Plan so as to increase the development allocation in Newport Place, Block I, by 1,080 square feet, from 99,538 sq.ft. to 100.618 sq.ft. so as to allow for outdoor dining in association with Pascal's Restaurant. B. Amendment No: 783 1. Adopt Resolution No. 1335, recommending to the City Council adoption of Amendment No. 783, amending the Newport Place Planned Community District Regulations so as to delete the provisions applicable to Building Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on Building Sites 3 and 5 to 8,000 square feet each. -7- 33 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH Auffust 19 1993 TOLL CALL INDEX C. Use Permit No 1838 (Amendedl Finding: 1. That the expanded restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. 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. 4. That the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and a portion of the required parking spaces (12 spaces) will be of no further detriment to adjacent �f properties inasmuch as the proposed restaurant is located i in an existing developed shopping center and the Newport Place Planned Community Development Standards also adequately address landscape requirements. 5. The approval of Use Permit No.1838 (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 the proposed restaurant shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. -8- COMMISSIONERS MINUTES �i0'0O IQ 9frtr� 40 �ostio CITY OF NEWPORT BEACH .... in inns nu ua� i� i��✓ INDEX TOLL CALL 2. That all applicable conditions of approval of Use Permit No. 1838 and Use Permit No. 1838 (Amended) shall remain in effect. 3. That a minimum of thirty (30) parking spaces shall be provided for the restaurant facility at all times it is in operation. 4. 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. 5. The "net public area" of the restaurant shall be limited to a maximum of 1,670± square feet (a maximum of 480± sq.ft. of outdoor dining and 1,190± sq.ft. of interior dining). 6. That live entertainment and dancing shall not be permitted unless an amendment to this use permit is first approved by the Planning Commission. 7. That all employees of the restaurant shall be required to park on -site. 8. That the restaurant development standards as they pertain to a portion of the required parking (12 spaces), traffic circulation, walls, parking lot illumination, and landscaping are hereby waived. 9. 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. 10. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of -9- y5 COMMISSIONERS MINUTES CITY OF NEWPORT BEACH LOLL CALL INDEX the Uniform Plumbing Code, unless otherwise approved by the Building Department. 11. That kitchen exhaust fans shall be designed to control smoke and odor. 12. That all mechanical equipment and trash areas shall be screened from view from Bristol Street North and adjoining properties. 13. That service of alcoholic beverages in the patio dining area shall be licensed by the State Alcoholic Beverage Control. 14. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the subject restaurant, other than background music from the system presently existing. 15. That a minimum forty-four inch clear pathway shall be maintained through the outdoor dining area at all times. 16. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. D. Use Permit No. 3508 Fi din s• 1. That the proposed take-out restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. -10- COMMISSIONERS MINUTES cc 9��o fct�?o �sEo CITY OF NEWPORT BEACH n.......-, 1n 1nnZ nu um A� i»� INDEX ROLL CALL 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the subject project and that the operational characteristics of the combination take-out restaurant, catering , and wine store in conjunction with a retail catering and wine sales facility are such that the parking demand will be lower than the typical take-out restaurant. 3. 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. 4. That the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and a portion of the required parking spaces (48 spaces) will be of no further detriment to adjacent properties inasmuch as the proposed restaurant is located in an existing developed shopping center and the Newport Place Planned Community Development Standards also adequately address landscape requirements. 5. The approval of Use Permit No. 3508 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 the proposed take-out restaurant shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That a minimum of eleven (11) parking spaces shall be provided for the combination take-out restaurant, catering and wine store, at all times during its operation. -11- COMMISSIONERS MINUTES 0 CITY OF NEWPORT BEACH All St lY IYYJ ROLL CALL INDEX 3. That the restaurant development standards as they pertain to a portion of the required parking (48 spaces), traffic circulation, walls, parking lot illumination, and landscaping are hereby waived. 4. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall i 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. 5. That the hours of operation shall be limited between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday and 8:00 a.m. to 2:00 p.m. on Sunday. 6. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 7. That grease interceptors shall be installed on all fixtures in the take-out restaurant where grease may be introduced into the drainage systems in accordance with the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 8. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 9. That all signs shall conform to the provisions of the Newport Place Planned Community District Regulations. 10. That the service and consumption of on -sale beer and wine shall be permitted within the interior portions of the take- out restaurant only and no consumption of alcoholic beverages shall be permitted within the non exclusive seating area, outside of the take-out restaurant. -12- 3g COMMISSIONERS •MINUTES CITY OF NEWPORT BEACH I A _ ROLL CALL INDEX 11. That the sidewalk in front of the subject facility shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed, or washed in such a manner that any debris or wastewater does not enter the storm drain system or the Bay. 12. That the final location of the tables and chairs within the non exclusive dining area shall be subject to further review and approval by the City Traffic Engineer. 13. 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. 14. That all mechanical equipment and trash areas shall be screened from surrounding public streets and adjoining properties. 15. That the employees shall park their vehicles on -site at all times. 16. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. That this use permit shall expire unless exercised within 24 months from the date of approvalas specified in Section 20.80.090 A of the Newport Beach Municipal Code. -13- Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING GENERAL PLAN AMENDMENT 93.2(E) AMENDING THE LAND USE ELEMENT OF THE NEWPORT BEACH GENERAL PLAN, SO AS TO INCREASE THE DEVELOPMENT ALLOCATION IN BLOCK I OF THE NEWPORT PLACE PLANNED COMMUNITY BY 1,080 SQUARE FEET WHEREAS, as part of the development and Implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, said element of the General Plan sets forth objectives, supporting policies and limitations for development in the City of Newport Beach; and WHEREAS, said element of the General Plan designates the general distribution and general location and extent of the uses of land and building intensities in a number of ways, including residential land use categories and population projections, commercial floor area limitations, and floor area ratio ordinance; and WHEREAS, the Land Use and Circulation Elements are correlated as required by California planning law; and WHEREAS, the provisions and policies of the Land Use and Circulation Elements are further implemented by the traffic analysis procedures of the Traffic Phasing Ordinance and the implementation programs of that Ordinance and the Fair Share Traffic Contribution Fee Ordinance; and WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the Planning Commission has held a public hearing to consider acertain amendment to the Land Use Element of the Newport Beach General Plan; and WHEREAS, the proposed project is compatible with the existing land uses in the Newport Place Planned Community; and WHEREAS, the circulation system will not be significantly impacted by the proposed project; and WHEREAS, in conjunction with the consideration of the above referenced amendment to the Land Use Element of the General Plan, it has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class I (Existing Facilities); and 717 WHEREAS, pursuant to Section 707 of the Charter of the City of Newport Beach, the City Council has held a public hearing to consider the proposed amendment to the Land Use Element of the Newport Beach General Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that an amendment to the General Plan of the Newport Beach is hereby approved as follows: That the development allocation in Newport Place, Block I, shall be increased by 1,080 square feet, from 99,538 sq.ft. to 100,618 sq.ft. ADOPTED this 13th day of SUlem er 1993. MAYOR ATTEST qI Resolution No. — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT EEACH APPROVING AMENDMENT NO. 783, AMENDING THE NEWPORT PLACE PLANNED COMMUNITY DISTRICT REGULATIONS SO AS TO DELETE THE PROVISIONS APPLICABLE TO GENERAL COMMERCIAL BUILDING SITES 2, 3, AND 5, WHICH REGULATE THE AMOUNT OF RESTAURANT FLOOR AREA PERMITTED ON EACH BUILDING SITE AND INCREASE THE DEVELOPMENT ALLOCATION FOR GENERAL COMMERCIAL SITE NO, 3 FROM 48,300 SQ.PT. TO 49,380 SQ.FT. WHEREAS, Section 20.51.045 of the Newport Beach Municipal Code provides that amendments to a Planned Community Development Plan must be approved by a Resolution of the Planning Commission and the City Council setting forth full particulars of the amendment; and WHEREAS, the Planning Commission conducted a public hearing on August 19, 1993, at which time this amendment to the Newport Place Planned Community Development Standards was discussed and recommended to the City Council for approval; and WHEREAS, the City Council has determined that the subject provisions which regulate the amount of restaurant development within General Commercial Building Sites 2,3 and 5 of the Newport Place Planned Community are outdated and unnecessary and that the proposed changes were appropriate and necessary; and WHEREAS, The City Council has determined that the existing Traffic Phasing Ordinance provisions allow the City to assess the impact of larger developments on intersection capacity, which Is critical the overall function of the system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that Amendment No. 710, amending the Newport Place Planned Community District Regulation so as to delete the provisions applicable to Building Sites 2, 3 and 5, which count one square fool of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable ti y r' restaurant floor area on Building Sites 3 and 5 to 8,000 square feet, and increasing the development allocation for General Commercial Site No. 3 from 48,300 square feet to 49,380 square feet, is hereby approved. A'. ADOPTED this 13th day of September. 1993. MAYOR To: Building Department PAJ 1A)Af510<04 No Activity: In Plan Check: [/ From: Planning Department Active Bldg Permit:_ Public Works Notified: Re: Hold on Building Permit Final Plan Checker Notified: Address�0�0Plan Check No.-1�?�7-�� Planning Department Comments PRIOR TO RELEASE Of Building Permit Final: [ ] Park Dedication Fee in the Amount of $ is DUE. [ ] Fairshare Fee in the Amount of $ is DUE. [ ] S.J.H.T.C. Fee in the Amount of $ is DUE. [ ] Coastal Commission Approval of Resubdivision Must Be Obtained. [) Parcel Map Recordation: Resubdivision No. Record date (] Use Permit Conditions of Approval: Use Permit No. Condition(s) No. [ ] After recordation of the map a building permit change must be processed with the Building and Planning Departments; PRIOR TO FINAL OF THE BUILDING PERMIT, to change the description of the permit to reflect condominium construction, the fee is nominal and payable at the time of the change. Proof of payment of the above mentioned fees may be required at that time if not collected at issuance of the original building or grading permits. M Other: Units Demolished Units Built �102 B ate a ing Department CC: IGC:ode Enforcemen R� _Plan Checker F:\WP50\JAY\MEM\BP-HOL"D.MEM rev - 0 COMMERCIAWINDUSTRIAL ZONING.. CORRECTIONS f Telephone: 714 644-3200. y:Ge ia-Garcia. Associate Planner By:Marc Myers, Assistant Planner Date: ,0, l3—%_./ Add: Plan Check NO:/ / 0'7 / `/ By:Christy Teague, Associate Planner Districting Map No. Land Use Element PageyyyNo. Corrections Required: `}� / 0 /// ✓✓✓/// 6e&Vy g7 �S 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. Zone. Proposed Use Front Rear Right Side Left Side ,. ?ORXSHEET Lot area (site area sg.ft.): sq.ft. Base Development Allocation (BDA): comet sq.ft: [0.5 x site area sq.ft., unless otherwise specified in Land Use Element] FAR permitted, without variance: (A) Comm res okq Square footage permitted: Comm res _ oka sq.ft. [(A) x site area sq.ft.) Maximum FAR allowed with variance: _(B) Comm res nka Maximum square footage allowed: Comm res sq.ft. [(B) 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 ) ft. Base X 1.00 sq.ft. Reduced X sq.ft. Maximum X TOTAL WEIGHTED SQ.FT.(May not exceed BDA) Provide tissue overlay of calcul Required Parking 1.67 0.50 sq.ft. sq.ft. sq.ft. to verify provided square footage. Proposed parking (Indicate number of stalls provided) Total On -Site Parking Standard Compact -lieu Parking Dimension buil ng height s asured from natural grade to average and maximum roof height Show natural grade line on all elevation* #*- , i. 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 roan user. Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line - ��A lair Share Contribution l San Joaquin Hills Transportation Co idor !N Please indicate any discretionary approval numbers on the plans and incorporate the attachads excerpt of minutes and list of findings and conditions into the blusline drawings approval letter into the blueline drawings Modifications Committees indicate Approval No. on Bluelines - Modification required for Use Permits No. /_y� Variances No.- _ �/7Q WAS Resubdivision/Tracts No. A / Site Plan Reviews No. Amendments No. Other Public liorkas Basement/Encroachment Permit Subdivision Engineer c 8naihor rovpo�p�,andscape PlansIn < r n0 di q"L ginie s Cit UL �G r-"'( art a .u11 r Parks Department: ZOO Approval of Landscape Plane �/LU/ J Goaetal Devglodnent Perm rs Approval In Concept (AIC) No. (Notes Pile 3 sets of plans: ait4f, floor, and elevations) Coastal Development Permits No. Effective Dates Waiver/Exemptions No. Effecttiwve..,�datessjr ¢- �� ) MOTS: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. It you have questions regarding your application, please contact me at (716) 644- 3200. PORNS\CON/:-30N.COR Rev. 1/93 Ufr a�vts Ii October 14, 1993 To: Newport Beach Planning Commission 3300 Newport Ave. Newport Beach, CA Attention Genia Garcia Re: Pascals Epicerie C U P # 3508 Compliance Letter We the undersinged as owners of Pascals Epicerie do hereby understand and agree to abide by the conditions as outlined in CUP # 3508 Numbers 5,10, 11, and 15. Sincerely, Olhats Food Corporafio Papa cOwner/ President USE PERMIT #3508 Conditions of Approval 1000 Bristol Street North PC 1797-93 CONDITION DEPARTMENT ACTION Substantial conformance Planning Plans Approval 2. JParking (11 spaces) Planning Plans Approval Traffic Engineer Restaurant standards Planning n/a 4�Handicapped pkg. Planning Plans Approval Traffic Hours of operation Planning Letter of Compliance 6. Trash receptacles Planning P:PPro 7. Grease interceptors Building Plans Approval 8. Exhaust fans Building Plans Approval Aigns Planning Separate Permit ✓ . alcohol consumption Planning Letter of Compliance Sidewalk regularly maintained Planning Letter of Compliance ;;Location of tables & chairs Traffic Further Review 13. Washout area Building Plans Approval /14. Mechanical equipment Building Plans Approval Planning Hold on Final 115. Employee Naekage Planning Letter of Compliance 16. n/a 17. n/a �y F.\wp51\planning\darleen\genia\UP3508.con la � Oak jet ( �1 /k),) C, �d - �4K - CONDITION 1. Substantial conformance 2. Parking (11 spaces) 3. Restaurant standards 4. Handicapped pkg. USE PERMIT #3508 Conditions of Approval 1000 Bristol Street North PC 1797-93 DEPARTMENT 9 Hours of operation 6. Trash receptacles 7. Grease interceptors 8. Exhaust fans 9. Signs 10. alcohol consumption , idewalk regularly maintained 12. Location of tables & chairs 13. Washout area 14. Mechanical equipment Pa =15 mployee Pa 16. n/a 17. n/a F.\wp51\planning\dadecn\gcnia\UP3508.con Planning Traffic Engineer Planning Planning Traffic Planning Planning Building Building Planning Planning '= Traffic Building Building Planning Planning ACTION Plans Approval Plans Approval n/a Plans Approval Letter of Compliance Plans Approval Plans Approval Plans Approval Separate Permit Letter of Compliance Letter of Compliance Further Review Plans Approval Plans Approval Hold on Final Letter of Compliance COMMERCIAWINDUSTRIAL ZONING CORRECTIONS �J 0�( Telephone: 714 644-3200 Plan Check No: / / 7 / l y:9gia-Garcia. Associate Planner By:Christy Teague, Associate Planner By:Marc Myers, gAssistant Planner ��B�Yj Date: ,Zoi 12-07-3 Address:_/mow . L,rt% � Districting Map No. Land Use Element Page No. Corrections Required: �Y l Q97/� 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. Front Rear Right Side /p JLeft side �� FMR ORKSHEET Lot area (site area sa.ft.): *64) _ 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 uka Square footage permitted: Comm res nka sq.ft. [(A) x site area sq.ft.] Maximum FAR allowed with variance: (B1 comm res okg { Maximum square footage allowed: comm res sq.ft. I [(B) x site area sq.ft.] PROPOSED DEVELOPMENT: r ` . ,\G/Yr` (C) Base FAR use sq.ft. sq.ft. `\ (D) Reduced FAR use sq.ft. sq.ft. ,�rY1i (E) Maximum FAR use sq.ft. sq.ft. (F) TOTAL SQ.FT. [C+D+E] sq.ft. PROPOSED FAR: [ F % site area sq.ft. ) PROPOSED WEIGHTED DEVELOPMENT: FAR Use Category Weighting Factor Weighted Sq.Ft. (G) (H) f 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) Provide tissue overlay of to verify provided square footage. Required Parkin41 g _ Proposed parking (Indicate number of stalls provided) Total on -Site Parking Standard Compact �Dimension;lbuil,_nglhkight Parks asured from natural grade to average and maximum roof height Show natural grade line on all elevations Show all rooftop mechanical equipment and dimension frog grade directly below. YA1Z Indicate location of trash containers on site plan. Number of Stories _ floor Plan fully dimensioned showing all room usss.-O" Plot Plan fully dimensioned showing location of all buildings, fences, etc. in relation to the property line 1,'�A FairShireFontribution � !/r/�d , iSon Joaquin Hills Transportation Corridor Poe Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditiona into the bluelisse drawings approval letter into the blualine drawings Modifications Committees Indicate Approval No. on Sluelihes Modification required for Use Permits No Variancet No. -7fa_ Resubdivision/Tracts No.,,_,_ Site Plan Reviews No. Amendments No.�"�, Other Public liorkst Easement/Encroachment Permit Subdivia nInginesr a Incinaaa r-ovv�^0 andscape Plans i�iui dins Depart ' ra ng nq Weer Parka Deoartments. Approval of Landscape Plans Coastal Develowent Permits Approval In Concept (AIC) No. (Notes File 3 sets of planes rite, floor, and elevations) Coastal Development Permits No. Effectiva Datat Waiver/Exemptions No. Effective data• r,� ) i V VA NOTE: It is the re*ponxibility of the applicant to circulate their plans and obtain the necessary approvals froa the departments checked above. If you have question* regarding your application, please contact me at (714) 644- 3200. IOIA5\COMA-S0N.COR Rev. 1/93 b TO: Planning Commission - 10 EXHIBIT "A" ACTIONS FOR GENERAL PLAN AMENDMENT NO. 93-2(E), AMENDMENT NO.783 AND FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1838 (AMENDED) AND USE PERMIT NO.3508 A, General Plan Amendment No, 93-2(E 1. Adopt Resolution No. , recommending to the City Council adoption of General Plan Amendment 93-2(E), amending the Land Use Element of the General Plan so as to increase the development allocation in Newport Place, Block I, by 1,080 square feet, from 99,538 sq.ft. to 100.618 sq.ft. so as to allow for outdoor dining in association with Pascal's Restaurant. B. Amendment No. 783 1. Adopt Resolution No. , recommending to the City Council adoption of Amendment No. 783, amending the Newport Place Planned Community District Regulations so as to delete the provisions applicable to Building Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on Building Sites 3 and 5 to 8,000 square feet each. C. Use Permit No 1838 (Amended) Findinns: 1. That the expanded restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the proposed development. 3. 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. 4. That the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and a portion of the required parking spaces (12 spaces) will be of no further detriment to adjacent properties inasmuch as the proposed restaurant is located in an existing developed shopping center and the Newport Place Planned Community Development Standards also adequately address landscape requirements. t3 TO: Planning Commission - 11 5, The approval of Use Permit No. 1838 (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 the proposed restaurant shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That all applicable conditions of approval of Use Permit No. 1838 and Use Permit No. 1838 (Amended) shall remain in effect. 3. That a minimum of thirty (30) parking spaces shall be provided for the restaurant facility at all times it is in operation. 4. 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. S. The "net public area" of the restaurant shall be limited to a maximum of 1,670:t square feet (a maximum of 480± sq.ft. of outdoor dining and 1,190.+ sq.ft. of interior dining). 6. That live entertainment and dancing shall not be permitted unless an amendment to this use permit is first approved by the Planning Commission, 7. That all employees of the restaurant shall be required to park on -site. 8. That the restaurant development standards as they pertain to a portion of the required parking (12 spaces), traffic circulation, walls, parking lot illumination, and landscaping are hereby waived, 9. 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. 10. That grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. Iq TO: Planning Commission - 12 11. That kitchen exhaust fans shall be designed to control smoke and odor. 12. That all mechanical equipment and trash areas shall be screened from view from Bristol Street North and adjoining properties. 13. That service of alcoholic beverages in the patio dining area shall be licensed by the State Alcoholic Beverage Control. 14. That no outdoor loudspeakers or paging system shall be permitted in conjunction with the subject restaurant. 15. That a minimum forty-four inch clear pathway shall be maintained through the outdoor dining area at all times. 16. That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. This use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. D. Use Permit No. 3508 Findines: 1. That the proposed take-out restaurant use is consistent with the Land Use Element of the General Plan, and is compatible with surrounding land uses. 2. Adequate off-street parking and related vehicular circulation are being provided in conjunction with the subject project and that the operational characteristics of the combination take-out restaurant, catering, and wine store in conjunction with a retail catering and wine sales facility are such that the parking demand will be lower than the typical take-out restaurant. 3. 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. 4. That the waiver of the restaurant development standards as they relate to traffic circulation, walls, parking lot illumination and a portion of the required parking spaces (48 spaces) will be of no further detriment to adjacent properties inasmuch as the proposed restaurant is located in an existing developed shopping center and t_ 41 TO: Planning Commission - 13 the Newport Place Planned Community Development Standards also adequately address landscape requirements. 5. The approval of Use Permit No. 3508 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 the proposed take-out restaurant shall be in substantial conformance with the approved plot plan, and floor plan, except as noted below. 2. That a mirrlmum of eleven (11) parking spaces shall be provided for the combination take-out restaurant, catering and wine store, at all times during its operation. 3. That the restaurant development standards as they pertain to a portion of the required parking (48 spaces), traffic circulation, walls, parking lot illumination, and landscaping are hereby waived. 4. 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. 5. That the hours of operation shall be limited between the hours of 8:00 a.m. and 9:00 p.m. Monday through Saturday and 8:00 a.m. to 2:00 p.m. on Sunday. 6. That trash receptacles for patrons shall be located in convenient locations inside and outside the building. 7. That grease interceptors shall be installed on all fixtures in the take-out restaurant where grease may be introduced into the drainage systems in accordance with the Uniform Plumbing Code, unless otherwise approved by the Building Department and the Public Works Department. 8. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 9. That all signs shall conform to the provisions of the Newport Place Planned Community District Regulations. 10, That the service and consumption of on -sale beer and wine shall be permitted within the interior portions of the take-out restaurant only and no consumption of alcoholic 1� TO: Planning Commission - 14 beverages shall be permitted within the non exclusive seating area, outside of the take-out restaurant. 11. That the sidewalk in front of the subject facility shall be kept clean and regularly maintained. Said sidewalk shall be swept, vacuumed, or washed in such a manner that any debris or wastewater does not enter the storm drain system or the Bay. 12. That the final location of the tables and chairs within the non exclusive dining area shall be subject to further review and approval by the City Traffic Engineer. 13. 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. 14. That all mechanical equipment and trash areas shall be screened from surrounding public streets and adjoining properties. 15. That the employees shall park their vehicles on -site at all times. 16. That the Planning Commission may add to or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this amendment causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 17. That this use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of the Newport Beach Municipal Code. 1� TO: Planning Commission - 15 EXHIBIT "B" FINDINGS FOR DENTAL OF GENERAL PLAN AMENDMENT NO. 93-2(E), USE PERMIT NO. 1838 (AMENDED) AND USE PERMIT NO.3509 1. That the additional development entitlement requested for the subject property is inappropriate inasmuch as there insufficient on -site parking to support the level of development intensity that would occur on the site as a result of the additional entitlement. 1. That the proposed restaurant expansion will increase the intensification of use of the property and generate an increase in traffic and parking demand. 2. That there is no justification for the requested waiver of a portion of the required additional parking, given that a surplus of parking currently is available on -site. 3. That the establishment, maintenance or operation of the use of building applied for will, 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 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. That the proposed combination take-out restaurant, retail catering and wine sales facility will increase the intensification of use of the property and generate an increase in traffic and parking demand. 2. That there is not adequate on -site parking for the proposed use based on the take- out restaurant parking requirement set forth in the Section 20.30.035 B of the Newport Beach Municipal Code. 3. That the establishment, maintenance or operation of the use of building applied for will, 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 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. CITY OF NEUORT BEACH n�COUNCIL MEMBERS MINUTES �iS September 13. 1993 ROLL CALL INDEX 18. Mayor Turner opened the public hearing regarding: A. General Plan Amendment No. 93-2(E) - GPA 93-2(E) Request of L.S.W. Ltd., to amend the (45/94) Land Use Element of the General Plan to increase the development allocation in Newport Place, Block I, by 1,080 square feet, from 99,538 sq. ft. to 100,618 sq.ft. so as to allow for outdoor dining in association with Pascal Is Restaurant; AND B. Amendment No. 783 - Request to amend PCA 783 the Newport Place Planned Community District Regulations so as to delete the provisions applicable to Building Sites 2, 3, and 5, which count one square foot of floor area devoted to restaurants as two square feet of the permitted commercial floor area; and which further restrict the allowable restaurant floor area on Building Sites 3 and 5 to 8,000 square feet each; AND C. Use Permit No. 1838 (Amended) - U/P 1838(A) Request to amend a previously approved use permit which permitted the establishment of a restaurant with on - sale beer and wine within the Newport Place Planned Community District. The applicant proposes to expand the "net public area" of the restaurant by adding an outdoor dining area adjacent to the existing restaurant facility. The applicant also requests a waiver of a portion of the required offstreet parking spaces to accommodate the proposed expansion on property located at 1000 Bristol Street North; AND D. Use Permit No. 3508 - Request to U/P 3508 permit the establishment of a combination take-out restaurant, catering, and wine store, with on -sale beer and wine, and incidental interior seating, on property located in the Newport Place Planned Community. The proposal also includes a request to waive a portion of the required off- street parking spaces. The Planning Director summarized the staff report. Jerry King, representing the applicant, addressed the Council and stated they have no objections to the staffs recommendations and are in agreement with their findings and conditions. Hearing no one else wishing to address the Council, the public hearing was closed. Volume 47 - Page 240 ITY OF NEWPORT BEACH COUNCIL MEMBERS i_ AW01 'It It��`\ September 13, 1993 MINUTES INDEX 1M_L 96M_L Motion x Notion was made by Mayor Turner to adopt Res 93-68 Resolution No. 93-66 apptoving Cenral All Ayes Plan Amendment 93-2(E) amending the land Use Element of the Newport Beach General Plan, so go to increase the development allocation in Block I of the Newport Place Planned Community by 1,080 square fast; AND adopt Resolution No. 93-69 Res 93-69 approving Amendment No. 783 amending the Newport lace Planned Community District regulationa to as to delete the provisions applicable to General Commercial Building Sites 2, 3, and S, which regulate the amount of restaurant floor area permitted on each building site and increase the development allocation for General Commercial Sit* No. 3 from 48,300 sq, ft. to 49,380 sq. ft. TTE" uxwovxn waOK TOE CONSENT CALENDAR AGENDA r= NO. 2. Report from Utilities Departme San Joaqui recommending adoption of proppos d Resew Prj resolution accepting the Certified 8i al (59) Environmental Impact Report for the an Joaquin Reservoir project. Dolores otting, 17 Nillsbo ouggh, addressed the Council and as d Eor clarification regarding the cos of the floating cover, if any, a if a fracture analysis has e r bean completed on the reservoir. Jeff Stanaart, Utilities rector, in response to the above, at ad that the second amendatory agroom* to the trust agreement that the City s a party to with respect to the San Joaquin Reservoir outlines that if the floating cover project is approved and implemented, Newport each's cost would be covered by an a% ange of capacity ownership, wherein a City would trade a portion of its c ant capacity in the Reservoir for thei share of the capital costs of doin a water quality improvement proj ct. The estimates for the cost of the floating cover alternative or in the $19 to $21 million range. Newport Beach has a 2% capacity shot in the reservoir and the value of t City's portion of the floating co or would be approximately the one-half m lion dollars, although cash cost to the City under that arrange%* t would be capacity and not dollars. With r *pact to the second question relati a to whether or not a fracture analy is had ever been performed on the rase oir, Mr. Staneirt advised that the Net politan stater District (XVD) staff op stas the reservoir with two on -sits pe sonnel year-round. One of the o erator's duties is to work with the tat* Division of Dam Safety every year o conduct a very detailed site assessment and an analysis of the underdrain system in the reservoir and Volume 47 - Page 241