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Home My WebLink About2640 E COAST HWY111111111111111111111111111111111111111 lill 1111111 *NEW FILE* 2640 E Coast Hwy Show natural grade,line on all elevations . Show all rooftop mechanical equipment and dimension from grade directly below. _ Indicate location of trash containers on site plan. Number of Stories ez-11/ Floor Plan fully dimensioned showing all room•uses. Plot Plan fully dimensioned showing location of all buildings, fences, relation to the property line. wr,-•e Fair Share Contribution�� JG.] C/ V Y / L .�4/�-._ San Joaquin Hills Transportati n Corridor Fee o/ SPECIAL APPROVAL REQUIRED THROUGH: Please indicate any discretionary approval numbers on the plans and incorporate the attached; excerpt of minutes and list of findings and conditions into the blueline drawings approval letter into the blueline drawings Modifications Committee: Indicate Approval No. on Bluelines Modification required for Planning commission/City Counci : S✓/gI/rS L4/�C Use Permits No. Variance: No. Resubdivision/Tract: No. Site Plan Review: No. Amendm Other , / •�/ >n Public Works Easement/Encroachmeent P rmit Subdivision Enginer Traffic Engineer �"-- Approval- of Landscape/Mane , C"' _ � Buildino Department: L / Grading Engineer Parke Department: Approval of Landscape Plan (/ Coastal Development Permits: Approval In Concept (AIC) No. (Note: File 3 sets of plans: site, floor, and elevations) Coastal Development Permit: No. Effective Date: Waiver/Exemption: No. Effective date: cz: 17/ NOTE: It is the responsibility of the applicant to circulate their plans and obtain the necessary approvals from the departments checked above. If you have questions regarding -your application, please contact 6�jme at (714) 644- 3200. OOO 0o``99 0 T Zn FORMS\C MSI� Rev. 1/93 oL0 ��--- J l-x��i% 111'kllf �/0/0s <zP+5'2 46 Lee-f- n o COMMERCIAWINDUSTRIAL. ZONING CORRECTIONS / /� Telephones_ 17141 644-3200 Plan Check No:__ — T& SytGenia Garcia, Associate Planner BytChristy Teaoue, Associate Planner BytMarc Myers, Assistant Planner ey s Dates— � Address: .. Districting Hap No. Land Use Element Page No. Corrections Required: �� Legal Descriptions Lot Block Section Tract M Resubdivision required to combine lots or portions of lots when construction or alterations are in excess of $20t000. Covenant required. Please have owner's signature notarized on' the attached document and return to me. Lot Size At ? Zone _ V� Po Pro aed Use / Rewired Setbacks /�JQ Front ,�✓n e eOs . /� L� Rear Right Side Left Side 4;4R W�00RRICCSSff LLB' ° Gk' aq.ft. Base Development Allocation (BLTA)s Comm sq.ft. (0.5 x site area sq.ft., unless otherwise specified in Land Use FAR permitted, without variances [A) Comm ree nkc Square footage permitted: Comm rev nkc sq.ft. ((A) x site area sq.ft.) Maximum FAR allowed with variances (B) Comm ree nkc Maximum square footage allowed; comet roe sq.ft. ((B) x site area sq.ft.) PROPOSED DEVELOPMENTt (C) Base FAR use sq.ft. (D) Reduced FAR use sq.ft. /(E) Maximum PAR use sq.ft. lMe �iI7Y� 7> (/I7 TOTAL FUC ( C/ c�c ) A Us a gory Weig'htin, n, (G1 tH sq.ft. Base X sq.ft. Reduced X sq.ft. Maximum X TOTAL WEIGHTED SQ.FT.(May not exceed SDA) _ Provide tissue overlay o calculF Required Parking 60 y� eq.f aq.ft. '3 91� sq.ft. for Weighted Sq.Ft. ( G x H 1 1.00 eq.ft. 1.67 sq.ft. 0.60 sq.ft. verify yrovidedtNuare footage. , Proposed parking (Indicate number of stalls provided) Total On -site Parking Standard Co o rr-.� Parking /� GYoCeG x` i� Dimension building height as measured from natural g to avers and maxi m roof height 5 F/G *-Zdo1J• 93 November 1, 1993 Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Att: Genia Garcia Subject Property: 2640 E. Coast Highway Re: Use Permit No. 1772 (Amended) Please be advised that due to current economic conditions, I have decided to give up my right to exercise Use Permit 1772 (Amended) at this time. I realize the use permit has already expired. Sincerely, Anju apour, O ner 46 To: Building Department A2:h71DA411-� No Activity: In Plan Check: �� From: Planning Department Active Bldg Permit: Public Works Notified: Re: Hold on Building Permit Final Plan Checker Notified: Address f Pan Check No. 6 `6 — /pp� Planning Department Comments PRIOR TO RELEASE Of Building Permit Final: [ ] Park Dedication Fee in the Amount of $ [ ] Fairshare Fee in the Amount of $ S.J.H.T.C. Fee in the Amount of $ is DUE. is DUE. 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 11anning Departmerifs, -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. Other: !/t-i f 1 66there •e nolished -.Units Built CC: vCode Enforcement _Plan Checker F:\WP50\JAY\MEM\BP-HOLD.MEM rev 4-5-90 CONDITIONS OF APPROVAL 2640 East Coast Hwy. U.P. #1772A P.C. 616-93 CONDITIONS 1. substantial conf. 2. previous conditions 3. N/A 4. employee parking 5. live entertainment 6. hours of operation 7. n/a 8. building permit 9. paging system 10.outdoor sale of food or drinks 11.planter boxes 12.signage 13.parking spaces 14.net public area 15.n/a/ 16.n/a DEPT. ACTION Planning Plans Approval Planning Letter of compliance Planning Letter of compl. Planning Letter of compl. Planning Letter of compl. Building Plans Approval Planning Letter of compl. Planning Letter of compl. Planning Letter of compl. Planning Permit required Building Hold on final Planning Letter of compl. 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SM� COMMISSIONERS October 10, 1991 MINUTES CITY OF NEVyPORT BEACH tNoEx ROLL CALL Use Permit No 1772 (Amended) (Public Hearin al Item No.4 Request to amend a previously approved use permit which UP1772 (A) permitted the establishment of a restaurant with on -sale beer and wine on property located in the C-1 District. Said approval also Approved included an off -site parking agreement for a portion of the required nighttime parking on property located in the R-2 District. The proposed amendment involves a request to relocate a portion of the existing restaurant to the front portion of the same building and convert two existing dining areas at the rear of the building to office use. The proposal also includes the addition of live entertainment in the restaurant facility. The request to relocate a portion of the subject restaurant also represents a conversion of a portion of the building from a Base FAR use to a Reduced FAR use, which also requires the approval of a use permit. The proposal will not result in an increase in the daytime or nighttime "het public area." LOCATION: Parcel 1 of Parcel Map 80-710 (Resubdivision No. 658) located at 2640 East Coast Highway, on the northeasterly side of East Coast Highway, between Dahlia Avenue and Fernleaf Avenue, in Corona del Mar (Restaurant Site); and Lot 11, Block 732 and Lots 4 and 6, Block 733, Corona del Mar, located on both the northwesterly, and southeasterly sides of Fernleaf Avenue, between East Coast Highway and Fifth Avenue, in Corona del Mar (Off -Site Parking Sites). ZONES: C-1 and R-2 APPLICANT: Ivy Cafe, Corp., Corona del Mar OWNER: Craig W. Richter, Laguna Beach The public hearing was opened in connection with this item, and Mr. James McBride, 2700 West Coast Highway, appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A". -12- COMMISSIONERS oovv\y October 10, 1991 CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX Commissioner Edwards addressed Condition No. 5 in Exhibit "A", regarding the proposed live entertainment, and Mr. McBride replied that live entertainment had not been a previous use, and would consist of a small combo or chamber music. Chairman Di Sano stated that a letter of opposition from Agnes Kelley, 717 Goldenrod Avenue, was received by the Planning Commission, and he suggested that the applicants contact Ms. Kelley. James Hewicker, Planning Director, stated that the area that is proposed for the live entertainment is in a portion of the building that would be a far distance from the residential area, and also the noise from East Coast Highway would be louder than the live music. Commissioner Edwards addressed Condition No. 6, Exhibit "'N, requiring all windows and doors within the restaurant remain closed during performances. Mr. Hewicker replied to a question posed by Commissioner Gross regarding Condition No. 7, Exhibit "A', with respect to development standards, and Mr. Hewicker advised that no additional requirements were being waived over and above the previously approved use permits. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion * Motion was made and voted on to approve Use Permit No. 1772 Ayes * * * * (Amended) subject to the findings and conditions in Exhibit W'. Absent * * MOTION CARRIED. Findings: 1. That the proposed project is consistent with the General Plan, and is compatible with surrounding land uses. 2. That the proposed use does not represent an intensification of use and will not result in an increase in traffic or parking demand. -13- COMMISSIONERS October 10, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That the waiver of the restaurant development standards as they apply to walls, landscaping, utilities, parking lot illumination, circulation and building setbacks is justified on the basis of the existing developed nature of the site and the operational characteristics of the proposed use. 4. That the proposed live entertainment will be located in a portion of the building which will be removed from nearby residential uses and will be confined to the interior of the building. 5. It has been demonstrated that the peak hour traffic to be generated by the proposed restaurant will not exceed that generated by the existing uses in the development, as determined in accordance with City Council Policy S-1. 6. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, per City Council Policy S-1. 7. The structure on the site was constructed prior to October 25, 1988, consistent with the policies and ordinances in effect at the time of construction. 8. The restaurant and other building tenants will be restricted to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include, but are not limited to, hours of operation of on -site businesses, provision of valet parking, off -site parking, and "net public area" of restaurant. 9. The proposed restaurant uses and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 10. That the periodic review of the subject use permit is no longer necessary in light of the proposed Condition No. 11 which allows the Planning Commission or the City Council to review or modify the approval of this application. 11. The approval of Use Permit No. 1772 (Amended), under the circumstances of this case, will not be detrimental to the -14- COMMISSIONERS October 10, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 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 subject project shall be in substantial conformance with the approved site plan, floor plan and elevations. 2. That all previously applicable conditions of approval for Use Permit No. 1772 (Amended) as approved by the Planning Commission on May 18, 1978, shall continue to be fulfilled. 3. That Condition No. 6 of Use Permit No. 1772 (Amended) relating to extensions of time approved by the Modifications Committee, is hereby deleted. 4. That all restaurant employees shall park their vehicles on the off -site parking area on the southeasterly side of Fernleaf Avenue. 5. Live entertainment shall be limited to a piano with a duo or trio with amplified voice. 6. That the hours of operation of the live entertainment shall be limited between the hours of 6:00 p.m. and 11:00 P.M. daily. Said live entertainment shall be located within the building and all windows and doors within the restaurant shall remain closed during performances. 7. That the development standards pertaining to walls, landscaping, utilities, parking lot illumination, circulation, and building setbacks are hereby waived. 8. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. -15- Planning Commission Meeting October 10, 1991 Agenda Item No. CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 1772 (Amended) (Public Hearine) Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale beer and wine on property located in the C-1 District. Said approval also included an off -site parking agreement for a portion of the required nighttime parking on property located in the R-2 District. The proposed amendment involves a request to relocate a portion of the existing restaurant to the front portion of the same building and convert two existing dining areas at the rear of the building to office use. The request to relocate a portion of the subject restaurant also represents a conversion of a portion of the building from a Base FAR use to a Reduced FAR use, which also requires the approval of a use permit. The proposal will not result in an increase in the daytime or nighttime "net public area." LOCATION: Parcel 1 of Parcel Map 80-710 (Resubdivision No. 658) located at 2640 East Coast Highway, on the northeasterly side of East Coast Highway, between Dahlia Avenue and Fernleaf Avenue, in Corona del Mar (Restaurant Site); and Lot 11, Block 732 and Lots 4 and 6, Block 733, Corona del Mar, located on both the northwesterly, and southeasterly sides of Fernleaf Avenue, between East Coast Highway and Fifth Avenue, in Corona del Mar (Off -Site Parking Sites). ZONES: C-1 and R-2 APPLICANT: Ivy Cafe, Corp., Corona del Mar OWNER: Craig W. Richter, Laguna Beach Application This application involves a request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale beer and wine on property located in the C-1 District. Said approval also included an off -site parking agreement for a portion of the required nighttime parking. The proposed amendment involves a request to relocate TO: Plaranng Commission - 2. a portion of the existing restaurant to the front portion of the same building and convert two existing dining areas at the rear of the building to office use. The request to relocate a portion of the subject restaurant also represents a conversion of a portion of the building from a Base FAR use to a Maximum FAR use, which also requires the approval of a use permit. The proposal will not result in an increase in the daytime or nighttime "net public area. In accordance with Section 20.72.020 B of the Newport Beach Municipal Code, changes in the operational characteristics of a restaurant are 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. 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). ubiect Property and Surrounding - The subject property is currently developed with two commercial building totaling 5,181± square feet (gross), containing a 2,800± square foot beauty salon, 720± square feet of retail commercial area and the subject restaurant which •contains 1,661± square feet. Based on these figures, the prorated FAR for the existing development is 1,06. To the northeast, across a 14 foot wide alley, is a parking area currently used by the restaurant; to the southeast, across Fernleaf Avenue are residential uses; to the southwest, across Bast Coast Highway is the Sherman Foundation Center; and to the north, is a commercial building with a residential unit above. Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. The subject restaurant is a permitted use within this designation subject to the approval of a use permit in each case. The subject property is located within the Corona del Mar Commercial area which permits a variable Floor Area Ratio of 0.5/0.75. Inasmuch as the existing development on the property currently exceeds the allowable FAR, based on both the size of the existing building and the uses, contained within it, the existing building is nonconforming with regards to development intensity and building bulk. Inasmuch as the subject property is currently developed with a structure which, exceeds 0.5 FAR and which was constructed prior to October 25, 1988, the provisions of Section 20.07.044 of the Municipal Code shall apply. Said Section provides that. a, building constructed prior to October 25, 1988 which currently exceeds the allowable FAR may remain and further that the conversion of a Base FAR use such as retail or office use to a Reduced FAR use such as a restaurant, may be permitted subject to the approval of & use permit. A full discussion of the project's compliance with said provisions will be provided later in the staff report. <TO: • Planning Commission - 3. Background Building records indicate that a motel on the subject property was converted into retail shops in 1965. A building permit was also issued in 1966 for a shade trellis in the open area between the two commercial buildings on the site for a small coffee shop. No parking spaces were required by Code for the commercial or restaurant uses on the site. The coffee shop was subsequently discontinued and the service are of the restaurant was converted into a display area for a small retail shop. The property owner then proposed to reopen the former coffee shop as a sandwich shop with on -sale beer and wine. The restaurant use also had a take-out window opening towards the patio area. No interior dining areas were proposed, but 4 tables with 16 chairs were proposed in the patio area. At its meeting of November 6, 1975, the Planning Commission approved Use Permit No. 1772 which permitted the use of the former sandwich shop and an open patio area for a take-out restaurant with on -sale beer and wine. Said approval also included an off -site parking agreement for a portion of the required off-street parking spaces to be located on an adjacent residential lot across the alley. The Planning Commission's action was taken with the findings and subject to the conditions of approval set forth in the attached excerpt of the Planning Commission minutes dated November 7, 1975. The City Council also approved an off -site parking agreement for the restaurant use on December 8, 1975, guaranteeing that a minimum of eight parking spaces would be provided on the R-2 lot, across the alley from the subject property. .At its meeting of May 18, 1978, the Planning Commission approved Use Permit No. 1772 (Amended) which permitted a change in the operational characteristics of the previous take- out and outdoor .restaurant so as to operate the facility as a full service restaurant and extend the closing time from 5:00 p.m. to 11:00 p.m. daily. Said approval permitted an interior dining area containing 9 tables and 30 seats and an outdoor patio which contained 7 table and 25 seats. The total "net public area' of the restaurant was 760 square feet. However, the usable "net public area" was limited to 360 square feet during the day (prior to 5:00 p.m.) and 760 square feet during the evening (after 5:00 p.m.). Said limitation was based on the availability of 9 parking spaces during the day and 19 parking spaces during the night for the restaurant. The Planning Commission's approval also included a second off -site parking agreement which provided 10 nighttime only parking spaces in an existing commercial parking area located on property directly across the street, on the southeasterly side of Fernleaf Avenue, in the R-2 District (see attached plans). Attached for the Planning Commission's information is an excerpt of the May 18, 1978 Planning Commission minutes which set forth the findings and conditions of approval for Use Permit No. 1772 (Amended). At its meeting of June 12, 1978, the City Council approved the second off -site parking agreement as recommended by the Planning Commission. It is noted that Condition No. 6 of said approval provided that the approval of Use Permit No. 1772 (Amended) wasfor two years with the provision for extensions subject to the approval of the Modifications Committee. The Modifications Committee has approved periodic extensions of Use Permit No. 1772 (Amended); the most recent being for five years which was approved on May 21, TO: Planning Commission - 4. 1991. Staff is of the opinion that said condition is no longer necessary, inasmuch as Condition No.11 in Exhibit "A" provides for the review of this application by the Planning Commission or the City Council. Staff has included an appropriate finding and condition in the attached Exhibit "A". Subsequent to the Planning Commission's approval of Use Permit No.1772 (Amended), the previous restaurant operator submitted a plan to the City which proposed to enclose the out- door patio area. Inasmuch as the proposal did not increase the "net public area" of the restaurant and therefore did not require any additional off-street parking, staff determined that an amendment to the existing use permit was not required. However, because the subject property was comprised of two individual lots and the proposed enclosure encroached over the common interior lot line, Section 20.87.090 of the Municipal Code required that the lots be consolidated into a single building site. 'Therefore, the applicant filed an application for Resubdivision No. 658, which the Planning Commission approved at its meeting of May 8, 1980. Said action was taken with the findings and subject to the condition of approval set forth in the attached excerpts of the Planning Commission minutes and staff report dated May 8, 1980. During the summer, staff became aware that the subject restaurant, operating under new ownership, was using all of their enclosed "net public area" plus several tables and chairs in the courtyard during the day. In addition, all of the parking spaces across the alley were posted with signs which reserved them for the use of the restaurant and for the beauty salon located in the second building on the subject property. At present, the 1 on -site parking space and the 8 off -site spaces across the alley are being used by the subject restaurant. In addition, they are restricting their daytime operation to 360 square feet of "net public area" and are no longer using the outdoor tables and chairs for the service of food or beverages. It should be noted that the applicant has requested that the tables and chairs be allowed to remain so as to add to the ambiance of the courtyard. However, the applicant has indicated that no food or drinks shall be served at these tables. Analysis In order to increase the visibility of the existing restaurant, the applicant is proposing to convert the front portion of the northerly building, which is currently used for retail sales, into two new dining areas for the restaurant. The proposed conversion will include 720± square feet of gross floor area and 327± square feet of "net public area." In order to insure that the proposed conversion will not increase the "net public area" of the restaurant, the applicant is proposing to convert two existing dining areas at the rear of the building into office use (Dining Areas No. 4 and No. 5 shown on Sheet No. 3 of the attached plans). The existing Dining Area No. 3 and the proposed Dining Areas No. 1 and No. 2 contain the same amount of "net public area" that is currently permitted in the .restaurant (760 sq.ft.). It should be noted that due to the limited amount of daytime parking spaces for the restaurant, the applicant intends to use Dining Areas No.1 and No. 2 (328± sq. ft.) during the day and all three dining areas (760± sq. ft.) after 5:00 p.m. It should -be noted that paragraphs D and E on the second page of the applicant's attached letter, indicates a TO: Planning Commission - 5. different usage of dining areas which is no longer applicable. According to the -applicant, the maximum number of employees for the restaurant will be 6 employees during peak hours of operation. The hours of operation of the restaurant will remain unchanged at 11:00 a.m. to 11:00 p.m. daily and there will be no change in the existing parking arrangements which provide 1 on -site parking space and 8 off -site parking spaces across the alley during the day, and 10 additional off -site parking spaces on a parcel across Fernleaf Avenue. The parking spaces across the alley are in the same ownership as the restaurant site. The parking spaces across Fernleaf Avenue are in separate ownership and are provided to the subject restaurant in accordance with the previously mentioned off - site parking agreement. Compliance With the Floor Area Ratio Ordinance In accordance with -the recently adopted Floor Area Ratio Ordinance, the base•development allocation for the subject property is 0.5 FAR. However, as indicated previously, the existing development on the site maintains a nonconforming, prorated development intensity of 1.06 FAR. However, as further provided in the FAR Ordinance, lawful uses in buildings constructed prior to October 25, 1988 may continue without fully complying with the requirements of the Ordinance. The FAR Ordinance further allows for the conversion of Base FAR uses (uses permitted up to .5 FAR such as retail and office uses) to a Reduced FARuse(uses permitted up to .3 FAR such as restaurants) such that the base development allocation for the property will be exceeded, subject to the approval of a use permit by the Planning Commission, or City Council on review or appeal, subject to all of the following findings: 1. It has been demonstrated that the peak hour traffic to be generated by the proposed uses will not exceed that generated by the existing uses in the development, as determined in accordance with City Council Policy S-1. 2. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, per City Council Policy S-1. 3. The structures on the site were constructed prior to October 25, 1988, consistent with the policies and ordinances in effect at the time of construction. 4. The building tenants would be restricted to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include, but are not limited to, hours of operation of on -site businesses, provision of valet parking, off -site parking, and "net public area" of restaurants. 5. The proposed use and physical improvements are such that the approved TO: Platuang Commission - 6. project would not readily lend itself to conversion to a higher traffic generating use. 6. The proposed uses are compatible with the surrounding area. As indicated previously, the proposed conversion of retail floor area to restaurant floor area will not result in an increase in the "net public area" of the existing restaurant and therefore will not result in an increase in project related traffic. Considering that the subject restaurant is compatible with the other commercial development in Corona del Mar, it is staff s opinion that all the above findings can be reasonably made in the case of the subject project. Prp, osed Live Entertainment The applicant is also requesting approval for the establishment of live entertainment within the restaurant which will consist of a piano, along with a duck or trio with amplified voice. Said live entertainment will operate from 6:00 p.m. to 11:00 p.m. nightly. Restaurant Development Standards Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that any proposed development will be compatible with adjoining properties and streets. The development standards applicable to restaurants include specific requirements for building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal Code states that any. of the above mentioned development standards for restaurants may be modified or waived if such modification or waiver will achieve substantially the same results and will in no, way be more detrimental to adjacent properties or improvements than will the strict compliance with. the standards. It is staffs opinion that because of the existing developed nature of the site, the Planning Commission should waive the on -site development standards as they apply to walls, landscaping, utilities, parking lot illumination, circulation and building setbacks. Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood, of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission wish to. approve Use Permit No. 1772 (Amended), the TO: Planning Commission - 7. findings and conditions of approval set forth in the attached Exhibit "A" are suggested. Inasmuch as the proposal is consistent with the General Plan, is compatible with surrounding land uses and satisfies the required off street parking, staff has not included an exhibit for denial. However, the possibility remains that information may be provided at the public hearing which may provide adequate basis for denial of the project should the Planning Commission wish to take such an action. PLANNING DEPARTMENT JAMES D. HEWICKER, Director By �1. if . William Ward Senior Planner Attachments: Exhibit "A" Vicinity Map Excerpt of the Planning Commission minutes dated November 6, 1975 Excerpt of the Planning Commission minutes dated May 18, 1978 Excerpt of the Planning Commission minutes dated May 8, 1980 Letter from applicant Site Plan, Existing and Proposed Floor Plans, Elevations and Sections TO: Plamung Commission - 8. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 1772 (Amended) October 10, 1991 Findings: 1. That the proposed project is consistent with the General Plan, and is compatible with surrounding land uses. 2. That the proposed use does not represent an intensification of use and will not result in an increase in traffic or parking demand. 3. That the waiver of the restaurant development standards as they apply to walls, landscaping, utilities, parking lot illumination, circulation and building setbacks is justified on the basis of the existing developed nature of the site and the operational characteristics of the proposed use. 4. That the proposed live entertainment will be located in a portion of the building which will be removed from nearby residential uses and will be confined to the interior of the building. 5. It has been demonstrated that the peak hour traffic to be generated by the proposed restaurant will not exceed that generated by the existing uses in the development, as determined in accordance with City Council Policy S-1. 6. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, per City Council Policy S-1, 7. The structure on the site was constructed prior to October 25,1988, consistent with the policies and ordinances in effect at the time of construction. 8. The restaurant and other building tenants will be restricted to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include, but are not limited to, hours of operation of on - site businesses, provision of valet parking, off -site parking, and "net public area" of restaurant. 9. The proposed restaurant uses and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 10. That the periodic review of the subject use permit is no longer necessary in light of the proposed Condition No. 11 which allows the Planning Commission or the City Council to review or modify the approval of this application. TO: Planning Commission - 9. 11. The approval of Use Permit No. 1772 (Amended), under the circumstances of this case, will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDTTION5: 1. That the subject project shall be in substantial conformance with the approved site plan, floor plan and elevations. 2. That all previously applicable conditions of approvalfor Use Permit No. 1772 (Amended) as approved by the Planning Commission on May 18,1978, shall continue to be fulfilled. 3. That Condition No. 6 of Use Permit No. 1772 (Amended) relating to extensions of time approved by the Modifications Committee, is hereby deleted. 4. That all restaurant employees shall park their vehicles on the off -site parking area on the southeasterly side of Fernleaf Avenue. 5. Live entertainment shall be limited to a piano with a duo or trio with amplified voice. 6. That the hours of operation of the live entertainment shall be limited between the hours of 6:00 p.m. and 11:00 p.m. daily. Said live entertainment shall be located within the building and all windows and doors within the restaurant shall remain closed during performances. 7. That the development standards pertaining to walls, landscaping, utilities, parking lot illumination, circulation, and building setbacks are hereby waived. 8. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. 9. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 10. That no outdoor dining or the sale of take-out food or drinks shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 11. That no planter boxes shall be placed in front of the restaurant facility on the public sidewalk area, unless an encroachment permit is approved by Caltrans. TO: Plarmfng Commission - 10. 12. That appropriate signage shall be provided on the restaurant site and the offsite parking lot across the alley that directs customers to the off -site parking lot located on the southeasterly side of Fernleaf Avenue. 13. That the nine parking spaces provided for daytime use shall be for the exclusive use of the restaurant. 14. That the "net public area of the restaurant before 5;00 p.m. shall be limited to 360 square feet and the "net public area" after 5:00 p.m. shall be limited to 760 square feet. 15. 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 use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That 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. VIGI N ITY MAP DISTRICTING IMPORT BEACH ��- 1 AGNICULTURAL AnIOENTIAL L � SINGLE FAMILY NESIOENTIAL C-1 DUPLEX RESICENTIAL MUETIKE FAMILY HMMITT1AL N-1 n SEE MAP 'P! MAP ALIFORNIA AEST•D MUtTPLE FAMILY RtMOLNTUL UCNT COMMERCIAL GENERAL COMMERCIAL ,ORO No CSS / MANUFAGTURINO MAP NO. /AC Q 0 CCMlININO olm mMl UMCLASSIPIED DEG. ". 19" Fro Yard Death In Fee+ Sh.-rI Thus:-IO- d`$15 PeW 17 NO 1,772 (AMENVED) f, COMMISSIONERS CITY OF NEWPORT " C —H Ix MINUTES ipA 7Z� November 6, 1975 South, Range 10 West, San Bernardinc Meridian, located at 700 Lido Park Drive on the south side of 28th Street o westerly onetheoLidoatioi ofLidPark Peninsula. I Zone: P-C Appl___ _iaant: Delan ' Cannery Village, Laguna Beach Owner: Mildred Stanley an- loydta Bank and Trust as trustee, lotion X At the -request of the applicanAna t, this matter A11 Ayes withdrawn from further consideration. ck tequest to ermit the areause of a former for a "take-out" and bar "outdoor" restaurant facility with on -sale beer and wine in Karen Margreta's Tivoli Square in the C-1 District, and the acceptance of an offsite parking agreement for a portion of the required parking spaces on an adjacent residential lot. The proposed parking lot includes one compact car space that encroaches to within 2 feet of the rear property line (where the Ordinance requires a minimum 5 foot rear yard setback in the R-2 District when abutting a 14 foot wide alley). Location: Portion of Lot L, Tract 323$onlocate at 2640 East Coast Highway, northeasterly side of East Coast Highway nue And FernieafbAvenue iinetween hCorona lia edel Mar (Karen Margreta's Tivoli Square). Lot 11, Y located ato711ck 7FernleafCoronAvenuea del ,iaon the northwesterly side of Fernleaf Avenue between East Coast Highway and Fifth Avenue in Corona del Mar (offsite parking lot). Zones: C-1, R-2 Applicant: Craig W. Richter, Laguna Beach Page 10. 1 �z • COMMISSIONERS C ' JTY OF NEWPORT L_ _'N Motion MINUTES November 6, 1975 Owner: George R. Richter, Pasadena Assistant Community Development Director Hewicker advised that revised site plans had been received that afternoon which involved moving the thefoopatio preparation area to the oposites i 60 square feet and enlarging it from approximately to approximately, 150 square feet. There were no changes to the number of tables, seats, or employe s and the revisions did not effect the staff's recommendation. He distributed the revised site 'plans to the Commission for their review. Planning Commission voiced concern m with thevisions frequency of being presented by applicants and felt there wasn't much need to review staff reports in advance of the meeting if the facts were continually being altered after the filing of the applications. Assistant Community Development Director Hewicker reviewed the staff report and changes proposed by the revised site plan and answered questions of the Commission relative to the proposed operation and the ordinance regulating the parking. Public hearing was opened in connection with this matter. Craig Richter, applicant, appeared before the Commission in connection with this matter and concurred with the staff report and recommenda- tions. He advised, there would be no cooking in the food preparation area and could see no reason for Condition No. 9 relative to providing an exhaust fan and kitchen hood system. He also advised that the hours of operation were from 11:00 A.M. to 4:00 P.M. and would not be a night- time operation. He answered questions of the Commission relative to the proposed operation, including type of food to be served, control over reoval of ofm mfood from ethe o"take-out" window, premises, ,andecleanup �n' of the patio area. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made tht Planning Commission make the following findngs 1. That the proposed development is consistent with the General Plan and is compatible with surrounding land uses. tl. coMMISSIONERS ., -ITY OF NEWPORT �w \CH K04411s November 6, 1975 2. Adequate offstreet parking spaces are being, provided for the proposed development since th "take-out" restaurant will substantially catgr to people who are already shopping io the commercial center or who walk or ride bicycles to the site. 3. The offstreet parking spaces for the proposed restaurant on a separate lot from the building site is justifiable for the following reasons: ly foot wide palley gfrom the lot is dmain tbus building site; undThe trafficosed hazardseinpthetwill not surroundingreate ue areas; and (c) The site is owned by the applicant and lot will be maintained as an offstreet parking for the duration of the restaurant use on the adjacent building site. 4. they doenotlice contemDepartment That lateanyhas problems, that the roposed se is 5. That similar site. 6. That the waiver of the development standards as they pertain to on -site parking, be of cfurtherio walls and landscaping, detriment to adjacent properties inasmuch as the havesite beenhas been in existencelfordand the structures many years 7. The approval of Use Permit No. 1772 will not, under the circumstances of thiseaeeem ,be d etri mental to the health, safety, p iss comfort and general welfare of persons residin and working in the neighborhood or be detri- mental the neighborhood or the pgeneralertdwelfareeofr of the City. and approve Use Permit No. 1772, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, except as noted in conditions Nos. 2 and 3. 2. That the proposed compact automobile space at Page 12. 1 /1• COMMISSIONERS CITY OF N EWPORT �. ,NCH y m S •° m -i m n ?•F r j0 m r S m< 2 y November 6, 1975 MINUTES the rear of the offsite parking lot shall be eliminated and that the required 5 foot rear and setback shall be maintained. y 3. That the boundary walls between the proposed parking lot and the adjoining residential lot shll be ectio 20a08.200cofsthe cNewport ted in aBeach ance with S Municipal Code. 4. That a landscape plan for the landscaped set- back on fernleaf Avenue shall be submitted to and approved by the Director of Parks, Beaches and Recreation. Said landscaping shall be continuously maintained. 5. That the restaurant facility shall not be open for business prior to 10:00 A.M. or after 5:00 P. M. -- — si or ng nd 9 6' onformltoeChapter �20.53gof�the aNewportsBeach l Municipal Code. 7. That all mechnaical equipment and trash areas shall be screened from public streets, alleys, or adjoining properties. 8. That a maximum of four tables with sixteen seats shall be permitted in the patio area. 9. That in the event there is hot food prepara- tion, kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control District. In addition, the kitchen hood system shall have an automatic fire protection system installed. 10. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committe( 11. That the development standards related to circulation, walls, landscaping and a portion of the parking requirements are waived. 12. That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 8 parking spaces shall be provided on the adjoining site for the duration of the restaurant use on the pro- perty in question. Page 13. 1�. COMMISSIONERS �ITY OF NEWPORT ( CH m > MINUTIES RpA �Z N November 6, 1975 13. That the offsite parking area shall be paved with asphalt, concrete or other street surfac. ing material of a permanent nature. Parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches Wide. 14. That the existing utility pole in the north- erly side of the alley shall be relocated if it obstructs ingress or egress to any require parking space. Commissioner Beckley voiced concern that this would provide the possibility of a potential hot food preparation in a much enlarged kitchen and cchanges the onsideration obeegiven pts htoeanramendment utoted that the motion which would include the intent of the applicant as stated in this letter dated October 229 1975, i.e., "There would be no hot food preparation. Only one employee would prepare the sandwiches for ering, and to customer use." Motion X An to replacedhwithtion was madthat the wording, "ThatCion there No.a9ebement will be no hot food preparation." Commissioner Seely voiced his opposition to the did feel hot food would pose amendment as he not a threat to the community. Commissioner Agee concurred With Commissioner Seely and added that the hour constraints as well as the physical constraints of the take-out restaurant did not warrant further restrictions. X X X The amendment to the motion was voted on and Ayes Noes X X X X failed. The original motion by Commissioner Seely was All Ayes then voted on and carried. Planning Commission recessed at 9:25 P.M. and reconvened at 9:35 P.M. Page 14, 114 COMMISSIONERS City of Newport Beach May 18, 1978 1. That the proposal would be detrimental to persons, property and improvements in the neighborhood, and that the applicant's _ > ues,t would not be consistent with the leggy ive intent of Title 20 of the Newport Municipal Code. 2. That the proposed de ment would set a precedent for continuance the.r similar setback encroachments in the nei rhood. 3. That approval of the Modification would perpetuate an existing nonconforming use. MINUTES Request to amend -"a previously approved use permit that permitted the establishment of a take-out and outdoor restaurant facility with on -sale beer and wine on the property so as to change the required closing time from 5:00 p.m. to 11:00 p.m., and the acceptance of an environmental document. The proposed development also includes the addition of tables and seats in tM patio area and in an existing commercial building where a maximum of four tables and sixteen seats were originally permitted, and the acceptance of an offsite parking agreement for a portion of the required parking spaces. Location: Lot 4 and a portion of Lot 5, Block L, Tract No. 323, located at 2640 East Coast Highway, on the northeasterly side of East Coast Highway between Dahlia Avenue and Fernleaf Avenue in Corona del Mar. Zone: C-1 Applicant: Pilar Wayne, Corona del Mar Owner: Craig Richter, Laguna Beach Public hearing was opened in connection with this item and Pilar Wayne, Applicant, appeared before the Planning Commission and concurred with the conditions of approval as set forth in the staff report. INOIX Item #5 USE PMIT TT7 7T_ APPROVED C NDI- TI0MLLY Page 12 /% :OMMISSIONERS City of Newport May 18, 1978 Beach MINUTES, »nax woL.t. CALL Ron Hagen, 713k Fernleaf, owner of the ppbperty lot and also directly behind the parking partner of Ms. Wayne, appeared before thrn Planning Commission td revieW the prap�Stlaai. He that the courtyard apea ifa5 been commented landscaped to a very desirable atmosphere that With Corona del Nap and he feels is compatible Newport Beach. Atat and Thre beeheard,ntheopublicothershearingnwasocibsbdi Motion was made that Planning ComMissidn Make Motion X X X X X the following findings: Aye's Absent X 1. That the proposed use is cbnsit Ub t With of the General plait the Land Use Element and is compatible with surrounding laid utes. 2. The project will not have any Significant environmental impact. - 3. The Police Oepartinbnt has indicated that thb do not contemplate any probiein3. 4. Adequate offstreet parking spaces are in conjunction with the being provided dlpuseion tlf the subject outdoorrestaurant 5. The offstreet f slssvhbbud ding restaurant on eparateott6% site is justifiable for the fbll bWing reasons: a. The beseasilynthia accessibibant , siteoandsite will b. The proposed development Will not traffic hazards ill thb create undue adjoining area. c. The applicant has been authorized to utilize the ten bffsite parking kpaces at 2700 East Coast Highway fbr at least The offsite parking three years. one space located to the rear of the beauty parlor in the Fernleaf Courtyard is owned by the same property dwner bf the adjoining restaurant site, Page 13 �'f• 4 MI9SIONERS OLL CALL J city of Newport Beach May 18, 1978 MIN That the waiver of the development standards as they pertain to on -site parking, will circulation, walls and landscaping, be of no further detriment to adjacent properties inasmuch as the site has been developed and the structures have been in existence for many years. The approval of Use Permit No. 1772 (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 the or proertor thepgeneral welfaremoftthenCity ne�ghborho City - and approve Use Permit No. 1772 (Amended), subject to the following conditions of approval: omnt shal be in 1 That evel conformancepwith thelapprovedsplot aplanland floor plan. nt shall be 2. That an off -site City CouncilQeme guaranteeing I approved by the City spaces shall be that a minimum of 10 parking p provided on Lotst4 and 61hou7 33foroatna del Mar, during ark�ng space least three years, and one p located on Lot 5, Block L, Tract No. 323, at all times. 3. That'the restaurant facility shall not be open for business prior to 11:00 a.m. or after 11:00 P.M. 4. That all new exterior lighting and signs shall conform to Chapter 20.53 of the Newport Beach Municipal Code, 5. That all mechanical equipment and trash areas shall be screened from public streets, alleys, or adjoining properties. od of 6. That this approval eXtensionll e for a shallpbe�subject two years ,.and any to the approval of the Modifications Committee. 7. That the development standards related to Page 14 :: aMMis \ \\\ City of N�MINUTES Newport Beach May 18, 1978 trJnot WLL CALL I I I I I I I circulation, walls, landscaping and a portion of the parking requ9rem ents ahry waived. Request to establish a rbstauhdtit f ci its Ost MIT with on -sale beer and wipe in an•exthy commercial buildjjn iMur h tgg C-j-Naibksh� EtI and the atbe tance bf h offsth et a � agreemeh� for a poi-tidh df he 'required tiffs parking spaces. Lot 13; Tract No. 1,216, ldcadned at •500 Wpst. Coast HiO�! ay, the northerly siAestf %COast Night Highway, way from Bayshores. Ldcation! Owner: C-1-N Caiih6 B. Arnbtt, GevWt sh6ody,, and Phillis Mi:Gill, Cohda del Mar Bob Taube, Newport Beath Assistaht Dire for - PlahniYig lfewickbr advised that staff is s gesting that the Applitalit provide parking o the basis bt b'n'e spate, tbo each 40 square feet of net public area. it this were to be accomplis d,,it Would inv6lVe either the acquisition of,two ff-site par'kiiig s�aces, or, the reductioh of the iitdrior 'hbt publ c area by apprc�Scititately 80 udre feet. Mr. Hewicker advised chat t pl�anhiltg 'C6'inihfis'sion hat the right to alter this p rkih'greq,irement to provide a maximuin of one s'pp a 'eer 3� sgiidre feet of net public area o'r a ihfi'n 3 of one space per 50 square feet of net pu lfic 3tea. Public hearing was opened in connectio' wi�bared this item and Carina Arnett, Applicant, pp, before the Planning Commission and stated hat it netwpublicoarea byt be a p80bsqure feetM to ce the ih't rior appear beeheard,ntheopublicothershearingnWasoclosed. and Page:i5 :u e Motion All Ayes MINUTES May 8, 1980 of Newport Beach Request to establish one building site and elimi- nate an interior lot line where one lot and a po'r tion of a second lot now exist, so as to permit the remodeling of the existing Fernleaf Cafe on . the property. LOCATION: Lot 4 and a portion of Lot 5, Bloc L, Tract No. 323., located at 2640 East Coast Highway, on the easter- ly side of East Coast Highway be- tween Dahila Avenue and Fernleaf• Avenue in Corona del Mar. ZONE: C-1 APPLICANT: Craig Richter, Laguna Beach OWNER: George R. Richter, Jr., Newport Beach ENGINEER: William J. McGee, Santa Ana In response to a question posed by Commissioner Haidinger,,.William Laycock, Current Planning Ad- ministrator, replied that the existing site has an open deck, and that the floor plan proposes to.roof the open deck over and enclose it. The Public Hearing was opened regarding this item and Craig Richter, Applicant, appeared before the Planning Commission and stated his concurrence with the condition as indicated in the Staff Re- port. James Hewicker, Planning Director, pointed out that the condition referred to in the Staff Re- port refers to the parcel map which must be filed within 18 months. Motion was made that the Planning Commission -make the findings as indicated in Exhibit "A" of the Staff Report and approve Resubdivision No. 658, subject to the condition as indicated in Exhibit "A" of the Staff Report. INDEX L1L`I 1.V1\V1- TIONALLY MM I Exhibit A Resubdivision No. 658 A. FINDINGS: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. B. CONDITION: 1. That a parcel map be filed. September 12, 1991 CITY OF NEWPORT BEACH PLANNING DEPARTMENT AND COMMISSION Newport Blvd. Newport Beach, CA. Dear City of Newport Beach Planning Department and Commissioners; Please accept this letter as a request to approve an expansion of what is currently known andoperating IVY'CAF-E CORPORATION of Corona del Mar, operating restaurant business known an Courtyardrona Restaurant located at 2640 E. Coast Highway, **At the time the Ivy Cafe purchased what was formerly known as Ann Marie's Restaurant; AKA, Pave Restaurant and AKA Fernleaf Cafe, dining area Number 3, Number 4, number 5 and the outside patio area were in operation from 11:00 AM until 3:00 PM and 7:00 PM until 11:00 PM daily. The Ivy Cafe Corp. has recently learned the following: 1-Only 360 square feet of the restaurant area is licensed to operate during the daytime hours of 11:00 AM until 3:00 PM and 760 square feet to -operate during the evening hours from 7:00 PM until 11:00 PM for a total of 760 square feet. 2-The exterior dining patio contains 335 square feet and 14 seats and is apparently unlicensed to operate during either the day or night. We are therefore submitting our request for a new operation as follows: A -We have leased the front Pacific Coast Highway building space which contains 633 square fe eareas of area minus 210.32 square feet of non public resulting in a public area of 422.68 square feet including public circulation area of 97.68 square feet. ;53. Y B-We will reduce the existing public area of the existing restaurant in dining areas No. 4 and No 5 in the amount of 360 square feet by converting dining aregq Number 4 and 5 to office space and allowing 336.28 square feet for dining area number 3, C- The existing patio space of 335 square fept is qpt licensed to operate during daytime or nir*httime hours. However, we request the Planning Commission to approve the use of tables to enhance the epvironmentgl ambiance of the outside area. D-We therefore request that the City of Newport Peach Planning Commission to allow dining area number 3 of 336.28 square feet (9 existing onsite parking spaces) to operate during daytime hours between 11:b0AM and 1:00 814 and evening hours 6:00 PM until 11:00 BM E— We also request the city Planning Department to allow dining area number 1 and dining area number 2 to remain as part of the restaurant operation during the evening hours from 6:00 PM until 11:00 PM based on the 10 offsite leased parking spaces. ?-Upon several personal surveys of street parking in the city block bounded by E. Pacific Coast Hig4w4y, Fernleaf Street and Dahlia Street we have determined 32 existing parking spaces are available consistently from 5:30 PM on after the local retail operations are 619se4 for normal business. G-We also request the approval of musical entertainment as located on the floor plan of the nett addition. We respectfully request a favorable approyal to the above operation plan and dining areas of operation. Your favorable consideration will be gratefully appreciated. AIVYCAiFE uly Your , CORPORAT N Anju Kapoor and Deborah Daynes C'OMM•ISSIONERS , October 10, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL Use Permit No 1772 (Amended) Public Hearing) Request to amend a previously approved use permit which permitted the establishment of a restaurant with on -sale beer and wine on property located in the C-1 District. Said approval also included an off -site parking agreement for a portion of the required nighttime parking on property located in the R-2 District. The proposed amendment involves a request to relocate a portion of the existing restaurant to the front portion of the same building and convert two existing dining areas at the rear of the building to office use. The proposal also includes the addition of live entertainment in the restaurant facility. The request to relocate a portion of the subject restaurant also represents a conversion of a portion of the building from a Base FAR use to a Reduced FAR use, which also requires the approval of a use permit. The proposal will not result in an increase in the daytime or nighttime "net public area." LOCATION: Parcel 1 of Parcel Map 80-710 (Resubdivision No. 658) located at 2640 East Coast Highway, on the northeasterly side of East Coast Highway, between Dahlia Avenue and Fernleaf Avenue, in Corona del Mar (Restaurant Site); and Lot 11, Block 732 and Lots 4 and 6, Block 733, Corona del Mar, located on both the northwesterly, and southeasterly sides of Fernleaf Avenue, between East Coast Highway and Fifth Avenue, in Corona del Mar (Off -Site Parking Sites). ZONES: C-1 and R-2 APPLICANT: Ivy Cafe, Corp., Corona del Mar OWNER: Craig W. Richter, Laguna Beach The public hearing was opened in connection with this item, and Mr. James McBride, 2700 West Coast Highway, appeared before the Planning Commission on behalf of the applicant. He concurred with the findings and conditions in Exhibit "A". -12- Item No.4 ar1772 (A) Approved COMMISSIONERS gyp° d`�9 October 10, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX Motion * Commissioner Edwards addressed Condition No. 5 in Exhibit "A", regarding the proposed live entertainment, and Mr. McBride replied that live entertainment had not been a previous use, and would consist of a small combo or chamber music. Chairman Di Sano stated that a letter of opposition from Agnes Kelley, 717 Goldenrod Avenue, was received by the Planning Commission, and he suggested that the applicants contact Ms. Kelley. James Hewicker, Planning Director, stated that the area that is proposed for the live entertainment is in a portion of the building that would be a far distance from the residential area, and also the noise from East Coast Highway would be louder than the live music. Commissioner Edwards addressed Condition No. 6, Exhibit "A", requiring all windows and doors within the restaurant remain closed during performances. Mr. Hewicker replied to a question posed by Commissioner Gross regarding Condition No. 7, Exhibit "A', with respect to development standards, and Mr. Hewicker advised that no additional requirements were being waived over and above the previously approved use permits. There being no others desiring to appear and be heard, the public hearing was closed at this time. Motion was made and voted on to approve Use Permit No. 1772 Ayes * * * * (Amended) subject to the findings and conditions in Exhibit "A'. Absent * * MOTION CARRIED. Findings: 1. That the proposed project is consistent with the General Plan, and is compatible with surrounding land uses. 2. That the proposed use does not represent an intensification of use and will not result in an increase in traffic or parking demand. -13- * COMMISSIONERS October 10, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX 3. That the waiver of the restaurant development standards as they apply to walls, landscaping, utilities, parking lot illumination, circulation and building setbacks is justified on the basis of the existing developed nature of the site and the operational characteristics of the proposed use. 4. That the proposed live entertainment will be located in a portion of the building which will be removed from nearby residential uses and will be confined to the interior of the building. 5. It has been demonstrated that the peak hour traffic to be generated by the proposed restaurant will not exceed that generated by the existing uses in the development, as determined in accordance with City Council Policy S-1. 6. The projections of traffic to be generated utilize standard traffic generation rates generally applied to a use of the type proposed, per City Council Policy S-1. 7. The structure on the site was constructed prior to October 25, 1988, consistent with the policies and ordinances in effect at the time of construction. 8. The restaurant and other building tenants will be restricted to the uses and operational characteristics upon which the traffic equivalency was based. Relevant operational characteristics include, but are not limited to, hours of operation of on -site businesses, provision of valet parking, off -site parking, and "net public area" of restaurant. 9. The proposed restaurant uses and physical improvements are such that the approved project would not readily lend itself to conversion to a higher traffic generating use. 10. That the periodic review of the subject use permit is no longer necessary in light of the proposed Condition No. 11 which allows the Planning Commission or the City Council to review or modify the approval of this application. 11. The approval of Use Permit No. 1772 (Amended), under the circumstances of this case, will not be detrimental to the -14- COMMaSSIONERS October 10, 1991 MINUTES CITY OF NEWPORT BEACH ROLL CALL health, safety, peace, morals, comfort and general welfare of ffINDEX 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 subject project shall be in substantial conformance with the approved site plan, floor plan and elevations. 2. That all previously applicable conditions of approval for Use Permit No. 1772 (Amended) as approved by the Planning Commission on May 18, 1978, shall continue to be fulfilled. 3. That Condition No. 6 of Use Permit No. 1772 (Amended) relating to extensions of time approved by the Modifications Committee, is hereby deleted. 4. That all restaurant employees shall park their vehicles on the off -site parking area on the southeasterly side of Fernleaf Avenue. 5. Live entertainment shall be limited to a piano with a duo or trio with amplified voice. 6. That the hours of operation of the live entertainment shall be limited between the hours of 6:00 p.m. and 11:00 p.m. daily. Said live entertainment shall be located within the building and all windows and doors within the restaurant shall remain closed during performances. 7. That the development standards pertaining to walls, landscaping, utilities, parking lot illumination, circulation, and building setbacks are hereby waived. 8. The applicant shall make all required alterations to that portion of the building used for restaurant purposes which may be determined to be necessary by the Building and Fire Departments. The applicant shall obtain a building permit for all such alterations. -15- COMMISSIONERS October 10, 1991 MINUTES CITY OF NEWPORT BEACH INDEX ROLL CALL 9. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 10. That no outdoor dining or the sale of take-out food or drinks shall be permitted unless an amendment to this use permit is approved by the Planning Commission. 11. That no planter boxes shall be placed in front of the restaurant facility on the public sidewalk area, unless an encroachment permit is approved by Caltrans. 12. That appropriate signage shall be provided on the restaurant site and the offsite parking lot across the alley that directs customers to the off -site parking lot located on the southeasterly side of Fernleaf Avenue. 13. That the nine parking spaces provided for daytime use shall be for the exclusive use of the restaurant. 14. That the "net public area" of the restaurant before 5;00-p.m. shall be limited to 360 square feet and the "net public area" after 5:00 p.m. shall be limited to 760 square feet. 15. 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 use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 16. That 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. -16- r V CONDITIONS OF APPROVAL 2640 East Coast Hwy. U.P. #1772A P.C. 616-93 CONDITIONS 1. substantial conf. 2. previous conditions 3. N/A 4. employee parking 5. live entertainment 6. hours of operation 7. n/a 8. building permit 9. paging system 10.outdoor sale of food or drinks 11.planter boxes 12.signage 13.parking spaces 14.net public area 15.n/a/ 16.n/a �7. DEPT. ACTION Planning Plans Approval Planning Letter of compliance Planning Planning Planning Building Planning Planning Planning Planning Building Planning Planning Letter of compl. Letter of compl. Letter of compl. Plans Approval Letter of compl. Letter of compl. Letter of compl. Permit required Hold on final Letter of compl. Plans Approval ,