HomeMy WebLinkAbout2241 W COAST HWYII11IIII nll III hlll IIIIIII Ilnl IIIIII VII III IIII
*NEW FILE*
2241 W Coast Hwy
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
(714) 644-3311
May 19, 1995
TO: BUILDING DEPARTMENT
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: Windows On The Bay Patio Construction
Use Permit No. 3293(A)
Prior to final inspection of the subject patio, please check with
the Public Works Department to verify that the owner has the public
improvements required with the approval of Use Permit No. 3293 (A).
If you have any questions, please feel free to call me at
3324.
IZ7
Richard L. fstadt
Development/Subdivision Engineer
cc: Genia Garcia, Planning Department
letteYe.miSNUP3293.bld
extenon r
V�
3300 Newport Boulevard, Newport Beach
I
MEMORANDUM
RE: Windows On The Bay
Patio Construction and Driveway Alteration
USE PERMIT 3293 (A)
PROVISION 6
SEE EXHIBIT 1 AND 1A ATTACHED
Upon review Dick Hoffstadt, Cal Trans, Janis Cram, realized that at some point in time an error
happened within Provision 6. Dick Hoffstadt, during phone conversation 5/18/95, updated Janis
on Provision 6, advised her to write up basics, date and sign and have Scott Shuttleworth, owner
date and sign.
PROVISION 6
The easterly side of the westerly drive to be striped per drawing supplied by Rich Edmonston and
both sides of easterly drive along West Pacific Coast Highway to be flared in conformance with
Cal Trans Standard Flared Drive Approach in order to provide adequate ingress and egress to
and from site as well as meet Handicap requirements, this work shall be completed under an
encroachment permit issued by the California Department of Transportation.
Janis Cram (Windows On The Bay)
Cal Trans Encroachment Permit #1294-6RC-0523
Dist 12/ Co Ora/ Rte 1-19.2/ Pm 19.3
issued 10-12-94
Coastal Development approved Permit No.1994-92
To meet the Cal Trans General Provisions 1 through 21;
SEE EXHIBIT A ATTACHED COPY
along with Special Provisions 1 through 11:
SEE EXHIBIT B ATTACHED COPY
Along with the above stated provisions, Cal Trans must fit Windows driveway alteration into their
calender, work schedule and timetable. This could occur as late as the Encroachment Permit
expiration of June 30, 1995. Therefore, Windows requests the Building Department to make a
modification to the impending Building Permit. This modification would allow for an immediate
issuance of the Permit with the provision that the patio construction and driveway alteration
proceed concurrently. Therefore, the driveway alteration will be concluded during the patio
construction, but before its Encroachment Permit expires on June 30, 1995.
DATE S —/ S•-Y Sr-
B _ y�_
Ja is Cram
LETTER OF COMPLIANCE
Use Permit 3293 (A) copy attached.
We have read, understand and will comply with Permit 3293 (A) amended conditions of use 1-
22.
Ardell Investment Co.
BHG Il, California Limited Partnership, Scott Shuttleworth, President.
Thank You,
Janis Cram
(714) 403-8327
This letter is to verify that Scott Shuttleworth, President of BHG II, a California Limited
Partnership, with Janis Cram acting on his behalf, are hereby authorized to act as the agent of
Ardell Investment Company in matters relating to the proposed construction of an outside patio,
modifying the apron to the driveway fronting Windows On The Bay Restaurant (formerly Cano's)
and sign changes at 2241 West Coast Highway, Newport Beach, CA 92663.
All questions and correspondence regarding this matter should be directed to Janis with copies to
the undersigned.
Thank you for your attention.
Sincerely,
D.T. Daniels
Ardell Investment Company
2077 W. Coast Highway
Newport Beach, CA 92663
(714) 642-1626
4141,
th%LOY" Gorv�
IE:k
This letter is to verify that Scott Shuttiewo 2
with Janis Cram actin on his ttreby a dent ofBHG ty, a California Limited partnership,
g behalf are hereby authorized to act as the agent of Arde11 Im�estment
th
Company in matters relating to the preposed construction of an outside patio. modifying the apron to
West Coast ghway, N indoors On The Bay Restaurant (formely Can's) and sign changes at 2241
ewport Beach, Ca. 92663.
All questions and correspondence regarding this matter should be directed tc Jams with copies to the
undersigned
Thank you for your attention.
Sincerely,
D.T.Daaiels
Ardell Investment Company `
2077W.Coast Hwy p,pponbeach, Ca. 92663
(714)642-1626
COIVIIKISSIONERS
ZOLL CALL
MINUTES
CITY OF NEWPORT BEACWeptember 10, 1992
2. That the existing boat charter operation has
obtained the appropriate Commercial Harbor
Activities Permit for its operation from the City
Council, and has successfully operated for the
ast four years in accordance with said permit.
3. Th the subject boat charter operation is
consi ent with the General Plan and the adopted
Local astal Program, Land Use Plan, and is
compatibl with surrounding land uses.
4. That ' adequat off-street parking and related
vehicular circula 'on are being provided in
conjunction with th boat charter operation.
5. That the existing boat arter use is consistent
with the objectives of the 'ner's Mile Specific
Plan and that such use, by its ery nature should
be encouraged as an incentiv use within the
"Recreational and Marine Comm rcial" area of
the Specific Plan.
Condition:
1. That Condition No. 29 of Site Plan Review 1
41, as approved by the Planning Commission
March 5, 1987, is hereby deleted.
f • i
Use Permit No 3293 (Amended) (Public Hearing)
Request to amend a previously approved use permit
which permitted the addition of live entertainment to the
existing Cano's Restaurant with on -sale alcoholic
beverages and valet parking. The proposed amendment
involves a request to increase the "net public area" of the
restaurant by constructing an outdoor dining area. The
proposal also includes: a request to change the type of
0
INDEX
Item No. 3
UP 3293 A
Approved
bofA3t11SSIONERS
��o�cf�Fo�l MINUTES
CITY OF NEWPORT BEACHSeptember 10, 1992
ZOLL CALL
INDEX
live entertainment so as to allow musical groups with
multiple instruments, whereas the existing use permit
limits the type of live entertainment to one piano player
with amplified voice only; and a modification to the
Zoning Code so as to increase the number of tandem
parking spaces on the subject property.
LOCATION: A portion of Lot H, Tract No. 919,
located at 2241 West Coast
Highway, on the southwesterly side
of West Coast Highway, between
Tustin Avenue and Dover Drive, in
the Mariner's Mile Specific Plan
Area.
ZONE: SP-5
APPLICANT: Cano's Restaurant, Newport Beach
OWNER: Ardell Investment Company,
Newport Beach
The public hearing was opened in connection with this
item and Mr. Scot Shuttleworth, Vice President, Larry
Cano's Restaurant Inc., appeared before the Planning
Commission. In regards to requesting a change in the
type of live entertainment permitted as mentioned in the
staff report, Mr. Shuttleworth clarified for the
Commission that for years a mariachi group had been
appearing on Sundays and no other change was
requested. He stated, however, he had been unaware
that the existing use permit limits the type of live
entertainment to one piano player with amplified voice
only. Mr. Shuttleworth stated he concurred with the
findings and conditions in Exhibit "A."
Mr. Tim Wilkes, architect, addressed the Commission
and stated the patio was designed in close cooperation
with both Cano's Restaurant and Ardell Investment
-10-
Y,ItyIILiE$S IOIu iR".i
a
ROLL CALL
Motion
A!l Ayes
I �
i
f
l
CITY OF NF,WPORT MAC4epiember AO,
Company, owner of the property, to develop a design
that would not compete with. either the appearance of
any of the buildings or the exisOng landscaping on the
site.
Vj—, rr,1xing no others desiring to appear and be heard,
the n,,3'rlle hearing was oosc&at_this time.
Moth- -fts made to approve. Use Permit No. 3293
subje.z - o the findings and 4�ondltions in Exhibit "A"
MOTION ON CARtIED.
Findings v
1. The proposed addition of -=.n outdoor dining are.i
and the proposed change in the type of li'. <•
entertainment within the restaurant is eonsistarst
with the land Use -Elame;:t of the ,penerat Plan
and the Loc.ai Coastal Program, and is
compatible with sgrroundi= land. uses:
2. That the proposed live entertainment is in
keeping pith the exi.Wing restaurant operatiot:
and shatll be confrned to the interior of tl••^
resttavrant.
3. The project wul not have any significant
env' imn.ntal unpaet.
Ti-,at the prop ose asiditionofuu outdoor dining
area can be adequately served by on�site tander.i
parking.
S, '?fiat the, waiver of the de�mlopment standards as
they pertain vci walls, Ailk na be detrtt} =tal b>
7adjoining properties.
I
G,OmMISSIONERS
'0tt'�
MINUTES
CITY OF NEWPORT BEACHSeptember 10, 1992
OLL CALL
INDEX
6. Adequate offstreet parking and related vehicular
circulation are being provided in conjunction with
the proposed development.
7. 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.
8. That public improvements may be required of a
developer per Section 20.80.060 of the Municipal
Code.
9. That .the` approval of Use Permit No. 3293
(Amended) will not, under the circumstandes 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 and further that the proposed
modification to the Zoning Code so as to allow
the use of additional tandem, parking spaces is
consistent with the legislative intent of Title 20 of
this Code.
Conditions: �/�
That the proposed development shall be in
substantial conformance with the approved plot
plan, floor plans and elevations except as
otherwise provided in the following conditions.
That all previous applicable conditions of
approval of Use Permit No. 3293 shall be null
and void.
That the live entertainment shall be limited to
combos or a mariachi band; and that the sound
-12-
TO: Planning Commission - 8..
0 That all previous applicable conditions of approval of Use Permit No. 3293 shall be
null and void.
01 hat the live entertainment shall be limited to combos or a mariachi band; and that
the sound from the live entertainment shall be confined to the interior of the
structure•, and further that when the live entertainment is performed, all windows and
doors within the restaurant shall b1p closed lexcept when entering and leaving by the
main entrance of the restaurant. C 1
That the use o the outdoor dining area shall not be permitted beyond 11:00 p.m.
nightly. �!^
Syv!/ That all improvements be constructed as required by durance and the Public
Works Departmentt ,( 4rM 10. — iiOtD Oil ¢iJ+RL
.� l�.� 0 pnoi to issuance of any Grading or Building Permits, the easterly side of the
easterly driveway apron and both sides of the westerly drive apron along West Coast
Highway be flared in conformance with the City's Standard Flared Drive Approach
Standard 166-L in order to provide adequate ingress and egress to and from the site.
All work shall be completed under an encroachment permit issued by the California
Department of Transportation.( ei v;cla 6q&7'-o%j r AeAp i r
That prior to issuance of any Grading or Building Permits, the existing entrance- and
exit signs located adjacent to West Coast Highway be relocated or lowered in
conformance with the City's Sight Distance Standard 110-L and that the landscape
adjacent to the existing driveways be maintained to provide sight distance in
conformance with the City's sight distance standard. F/tLA .�MC1 -7nofw1a
That the hours of operation of the restaurant shall be 10:30 a.m. to 12:00 midnight
daily. (e"=z
9. That the off-street parking requirement for the restaurant shall remain at the existing -
formula of one parking space for each 40 square feet of "net public area" LL40.
parki 1, spaces).TR �a wP`•�o✓.%.� iil0!✓b SOIL 40-411t•lpc
That all restaurant employees shall park their vehicles on -site. ( LX7=�
�That the required number of handicapped parking spaces shall be designated within
(per/ 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` 7'&zpVV)C,
That no outdoor loudspeakers or paging system shall be permitted in conjunction
with the subject restaurant. ( ?OrM70
6. That prior to issuance of any building permits, the easterly side of the westerly driveway
apron and both sides of the easterly drive apron along west Coast Highway be flared in
conformance with the City's Standard Flared Drive Approach Standard 166-L in order to
provide adequate ingress and egress to and from site.
CODS MSSIONERS
CITY OF "NEWPORT.'.XACH MINUTES
REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M. September 10, 1992
n e'rrr.
ROLL CALL
INDEX
one parking space for each 40 square feet of "net
public area" (140 parking spaces).
10. That all restaurant employees shall park their
vehicles on -site.
11. 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.
12. That no outdoor loudspeakers or paging system
shall be permitted in conjunction with the subject
restaurant.
•
Onat a washout area for refuse containers be
provided in such a way as to allow direct
�4
drainage into the sewer system and not into the
Bay or storm drains, unless otherwise approved
the Budding Department.
,,!�-��by
�4yJF� grease interceptors shall be installed on all
4Tat
��•✓/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.
RThat kitchen exhaust fans shall be designed to
control smoke and odor.
at all mechanical equipment and trash areas
hall be screened from West Coast Highway and
adjoining properties. 691"k ,p-0, CpVi4e,
-14-
`
COAMUSSIONERS
fd
CITY OF NEWPORT.' _.EACH MINUTES_
REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M. September 10, 1992
DATE:
LL CALL
INDEX
s a 9 'hat a valet parking service shall be provided at -
.11 times during the restaurant operatiorf LOM-(L-
the on -site vehicular and pedestrian
dW)That
circulation systems be subject to further review of
the City Traffic Engineer.
at no dancing shall be permitted unless an
iaMmendment
to this use Permit is approved by the
Planning Commission. bC1'i,LyL
a+ • at the applicant shall obtain Coastal -
Commission approval of this application prior to
the issuance of Building Permits.
That the Planning Commission may add or
,
modify conditions of approval to the use permit,
?
or recommend to the City Council the revocation
of this use permit, upon a determination that the
operation which is the subject of this use permit,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare
of the community.
t this use permit shall expire if not exercised
&wilhin
24 months from the date of approval as
specified in Section 20.80.090A of the Newport
Beach Municipal Code.
Use Permit No. 3424 (Amended) (Public Hearing)
Reques o amend a previously approved use permit
which permr a construction of a drive-in and take-out
restaurant facilit 'n conjunction with a new retail
commercial building o roperty located in "Retail and
Service Area No. 1" of the Il Center Newport Planned
Community. The approval als ' cluded: a request to
allow a portion of the required off-s t parking spaces
to be provided within the proposed drive- ough lane of
the facility; a modification to the sign standar for the
Koll Center Newport Planned Community; a t rc
-15-
r.
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915
March 16, 1995
Ms. Janis Crom
26355 Via California
Capistrano Beach, CA 92625
SUBJECT: REQUEST FOR EXTENSION, PLAN CHECK 01817-94, 2241 W.
Coast Highway, Newport Beach
Dear Ms. Crom:
Your request for extension has been granted per Section 304(d) of the Uniform
Administrative Code. The new expiration date is September 21, 1995.
This application is not subject to further extension per the same Section of the
U.A.C.
Very truly yours,
BUILDING DEPARTMENT
Raimar W. Schuller, Director
By:
Fdysal J Chi f Plan Check Engineer
FJ:jf
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915
cvc
c'T<r FO p-
Mas:ch 9, 1995
BHG II, A Calif. Limited Partnership
1918 Holiday Rd
Newport Beach, CA 92660
SUBJECT: PLAN CHECK EXPIRATION NOTICE
ADDRESS: 2241 W Coast Hwy
Our records indicate your Plan Check Number(s) 1817-94
will expire on 3/20/95 based on limitations set forth in
Section 304(d) of the Uniform Building Code. You must obtain a building permit
or request an extension by writing to the Building Director prior to the
expiration date and showing that circumstances beyond the control of the
permittee have prevented the start of work.
If you allow your application to expire, you must pick up any drawings that we
have in our office within ten (10) days after the date of expiration. After that
time, we will assume you have no further interest in the plans and dispose of
them.
To continue this project after the expiration date, a new application and plans
must be submitted and new fees must be paid. For further information, please
contact the undersigned at (714) 644-3288/89.
Very truly yours,
BUILDING DEPARTMENT
Raimar W. Schuller, Director
By: E. Fcrrr.ica
Permit Technician
c: Janis Cram
F/PCPENDNT 2-93
3300 Newport Boulevard, Newport Beach
ey y •,�— � Q�r _FOIWB W- 1. BUSINESS LICENSE#
BUSINESS TALC CF flFlCATE '' a 017293
a n The txA named bslonfm POW sbusingaUx 10mops In, aw)ti
ihls tax caufleate expires. It" has been Paidklra business at3
_ 4<,soaer CONSPICI)OUS PLACEIN VIEW0FTHE"G0IE0LR)BI1IC,1;#fiefex
then the centiheate holder "his
repmsenfairveiry -GARRYTHET'AXtER
CEMIC11TED0ES NOT FNTMETHE 0�€RA7
I THIS•TAX PAYMENT -EXPIRES - 10 /31145 )fA61cfiOWS I
SERVICE
2241 [OAST -Hwy W I V
ADDRESS NEWPORT BEACH
WINDOWS ON THE BA-Y
i. 1, 'BUS: NAME '
i4 ADDRESSELATION 2241 COAST HWY
CITY NEWPORT BEACH C
SV-16D i1193
L-62115
NOT TRANSFERABLE
beds,c — pDfsse'on mQibRimaoxupadan coded beta
IL>,,.
FOR`s� 3,2 EMPLOYEES
_SS IS CATEGORIZED AS
REPORTING REQUIREMENTS ONLY.
NO REFUNDS
1% f
BOX 1768 NENirPORT BEACH, CA 92658-8915
Building Department -(I
A FEE'RE RECEIPT
&
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I..Recelveo
Vrom
-job Addr s
B u
iloing'Plan Check ;-,Va , luation,.$ _010-5002 $
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010-5055 $ WN10-41irb Plan,Chec�k, .............
i:::Z;�010-5 600� 4:)
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"Additional' Building Plan Check ;;,.;.OIOr50O2
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. Uriliifnarj Code `Compliance ReviewDID-
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............. ........................
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porary Gas ............ ; ............ ........ . low* 0 q
porary Certificate of Occupancy, 01 %8
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e giound Utilities' Waiver., ...........
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Interceptor ............................ ..........
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Planning Department Fees ................................ 010-5000 $
:Sale of Maps & Publications .......:.................:...DID- 12 ¢' <x:',ti
Yy „,•Determination of Unreasonable Hardship.-..; ................. 010-5018
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?K:Microfilm Copies/Pi 5019
Copies/Photocopies.......
-5021 $
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Fir6 Dept, Hazardous Material Review....................010.5058
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FEE RECEIPT,N0.-
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OEPARTMENT
• i �- t
i•
COMMISSIONERS
MINUTES
�e CITY OF 11tEWPORT BEACHStember 10, 1992 P
INDEX
ROLL CALL
2. That the existing boat charter operation has
obtained the appropriate Commercial Harbor
Activities Permit for its operation from the City
Council, and has successfully operated for the
ast four years in accordance with said permit.
3. Th the subject boat charter operation is
consi ent with the General Plan and the adopted
Local astal Program, Land Use Plan, and is
compatibl with surrounding land uses.
4. That ' adequat off-street parking and related
vehicular circul 'on are being provided in
conjunction with th boat charter operation.
5. That the existing boat arter use is consistent
with the objectives of the . er's Mile Specific
Plan and that such use, by its ery nature should
be encouraged as an incentiv use within the
"Recreational and Marine Comm rcial" area of
the Specific Plan.
Condition:
1. That Condition No. 29 of Site Plan Review
41, as approved by the Planning Commission o
March 5, 1987, is hereby deleted.
Use Permit No 3293 (Amended) (Public Hearing)
Item No.
Request to amend a previously approved use permit
UP 3293 i
which permitted the addition of live entertainment to the
Approved
existing Cano's Restaurant with on -sale alcoholic
beverages and valet parking. The proposed amendment
involves a request to increase the "net public area" of the
restaurant by constructing an outdoor dining area. The
proposal also includes: a request to change the type of
-9-
3
a
COMMISSIONERS
MINUTES
NMONO
�r ��oCITYOFNEWPORT BEACHSeptember 10, 1992
o'P6�
�����
ROLL CALL
INDEX
live entertainment so as to allow musical groups with
multiple instruments, whereas the existing use permit
limits the type of live entertainment to one piano player
with amplified voice only; and a modification to the
Zoning Code so as to increase the number of tandem
parking spaces on the subject property.
LOCATION: A portion of Lot H, Tract No. 919,
located at 2241 West Coast
Highway, on the southwesterly side
of West Coast Highway; between
Tustin Avenue and Dover Drive, in
the' Mariner's Mile Specific Plan
Area.
ZONE: SP-5
APPLICANT: Cano's Restaurant, Newport Beach
OWNER: Ardell Investment Company,
Newport Beach
The public hearing was opened in connection with this
item and Mr. Scot Shuttleworth, Vice President, Larry
Cano's Restaurant Inc., appeared before the Planning
Commission. In regards to requesting a change in the
type of live entertainment permitted as mentioned in the
staff report, Mr. Shuttleworth clarified for the
Commission that for years a mariachi group had been
appearing on Sundays and no other change was
requested. He stated, however, he had been unaware
that the existing use permit limits the type of live
entertainment to one piano player with amplified voice
only. Mr. Shuttleworth stated he concurred with the
findings and conditions in Exhibit "A."
Mr. Tim Wilkes, architect, addressed the Commission
and stated the patio was designed in close cooperation
with both Cano's Restaurant and Ardell Investment
-10-
COMMISSIONERS
��`op�ll f�opOy�s,oq
MINUTES
CITY OF NEWPORT BEACI*eptember 10, 1992
ROLL CALL
INDEX
Company, owner of the property, to develop a design
that would not compete with either the appearance of
any of the buildings or the existing landscaping on the
site.
There being no others desiring to appear and be heard,
the public hearing was closed at this time.
Motion
*
Motion was made to approve Use Permit No. 3293
subject to the findings and conditions in Exhibit "A."
All Ayes
MOTION CARRIED.
Fin in
1. The proposed addition of an outdoor dining area
and the proposed change in the type of live
entertainment within the restaurant is consistent
with the Land Use Element of the General Plan
and the Local Coastal Program, and is
compatible with surrounding land uses.
2. That the proposed live entertainment is in
keeping with the existing restaurant operation
and shall be confined to the interior of the
restaurant.
3. The project will not have any significant
environmental impact.
4. That the proposed addition of an outdoor dining
area can be adequately served by on -site tandem
parking.
5. That the waiver of the development standards as
they pertain to walls, will not be detrimental to
adjoining properties.
-11-
COMMISSIONERS
MINUTES
Ct f N-k \ CITY OF NEWPORT BEACHSeptember 10,1992
.....
ROLL CALL
INDEX
6. Adequate offstreet parldng and related vehicular
circulation ai'e being provided in conjunction with
the proposed development.
7. 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.
8. That public improvements may be required of a
developer per Section 20.80.060 of the Municipal
Code.
9. That the approval of Use Permit No. 3293
(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 and further that the proposed
modification to the Zoning Code so as to allow
the use of additional tandem parking spaces is
consistent with the legislative intent of Title 20 of
this Code.
Conditions:
1. That the proposed development shall be in
substantial conformance with the approved plot
P1011-
plan, floor plans and elevations except as
otherwise provided in the ,following conditions.
2. That all previous applicable conditions of
,
approval of Use Permit No. 3293 shall' be null
and void.
3. That the live entertainment shall be limited to
,e5ir�
combos or a mariachi band; and that the sound
G vtQ c �b
-12-
a�,J
v
COMMISSIONERS
�,�`oPr�tcf� o'Por'po`�t'o-r
MINUTES
CITY OF NEWPORT BEACHSeptember 10, 1992
ROLL CALL
INDEX
from the live entertainment shall be confined to
the interior of the structure; and further that
when the live entertainment is performed, all
windows and doors within the restaurant shall be
closed except when entering and leaving by the
main entrance' of the restaurant.
4. That the use of the outdoor dining area shall not --,(cif
rn
be permitted beyond 11:00 p.m. nightly. _
4�1^
5. That all improvements be constructed as required
' act w�+
by Ordinance and.the Public Works Department.
14rt "
6. That prior to issuance of any Grading or Building
Permits, the easterly side of the easterly driveway
apron and both sides of the westerly drive apron
along West Coast Highway be flared in
conformance (with the City's Standard Flared
Drive Approach Standard 166-L in order to
provide adequate ingress and egress to and from
the site. All work shall be completed under an
encroachment permit issued by the California
Department of Transportation.
7. That prior to issuance of any Grading or Building —
fto
Permits, the existing entrance and exit signs _,Vl
g
located adjacent to West Coast Highway be
relocated or lowered in conformance with the
({ °
City's Sight Distance Standard 110-L and that the
landscape adjacent to the existing driveways be
maintained to provide sight distance in
conformance with the City s sight distance
standard.
8. That the hours of operation of the restaurant
di.ca
shall be 10:30 a.m. to 12:00 midnight daily.
9. That the off-street parking requirement for the
restaurant shall remain at the existing formula of
-13-
�V)
rV
�, . dbiMMUSSIONERS
I NOMIMMIN-WO& \�-
CITY OF NEWPORT, .. EACH MINUTES
REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M. September 10, 1992
n AIrlo
ROLL CALL
INDEX
one parking space for each 40 square feet of "net
public area" (140 parking spaces).
10. That all restaurant employees shall park their `
vehicles on -site.
11. That the required number of handicapped
parking spaces shall be designated within the on- _
q Qs &I eI.I
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.
12. That no outdoor loudspeakers or paging system -AttUA
shall be permitted in conjunction with the subject J
4A u d -"G
restaurant.
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.
14. That grease interceptors shall be installed on all -�
ryt
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.
15. That kitchen exhaust fans shall be designed to
control smoke and odor.
,nit
16. That all mechanical equipment and trash areas
shall be screened from West Coast Highway and
adjoining properties.
-14-
N
'AN
J
J
N
n
n
.•COMMISSIONERS
CITY OF NEWPORM.EACH MINUTES
REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
TIME: 7:30 P.M. September 10, 1992
DATE:
ROLL CALL
INDEX
17. That a valet parking service shall be provided at —
,fb"
all times during the restaurant operation. —
6Sob
yVA,
18. That the on -site vehicular and pedestrian _
,
circulation systems be subject to further review of
r6
the City Traffic Engineer.
19. That no dancing shall be permitted unless an
amendment to this use permit is approved by the
Planning Commission.
Coastal —
G, �•
\/20. That the applicant shall obtain
vfetk
Commission approval of this application prior to
ApLtdl -
the issuance of Building Permits.
21. That the Planning Commission may add or
modify conditions of approval to the use permit,
or recommend to the City Council the revocation
of this use permit, upon a determination that the
operation which is the subject of this use permit,
causes injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare
of the community.
22. That this use permit shall expire if not exercised
within 24 months .from the date of approval as
specified in Section 20.80.090A of the Newport
Beach Municipal Code.
sss
se Permit No. 3424 Amended (Public Hearin
Reques o amend a previously approved use permit
which perms a construction of a drive-in and take-out
restaurant facilit n conjunction with a new retail
commercial building o roperty located in "Retail and
Service Area No. 1" of the 1 Center Newport Planned
Community. The approval al cluded: a request to
allow a portion of the required off-s t parking spaces
to be provided within the proposed drive- ough lane of
the facility; a modification to the sign standar for the
Koll Center Newport Planned Community; a t c
-15-
COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS
Telephone: (714) 644-3200 Plan Check No: :Y��
By:Genia Garcia, Associate Planner By:Christy Teague, Associate Planner
H �rc Myera,_Associate Planne By: ,J
Date• �& ' �� Address: 42�� l � dwy.
Districting Map No. •' _ Land Use Element Page
Corrections Required:
Legal Description: Lot Block Section Tract IgO-
Resubdivision required to combine lots or portions of lots when construction or
alterations are in excess of $20,000.
Covenant required. Please have owner's signature notarized on the attached
document and return to me.
Lot Size 6- 3 `t 4
Zone Am G_
Proposed Use X63 4" _ (2AA108✓ of P;"�'
RiLC�a .
Required Setbacks
Front
Right Side
Left Side
FAR WORKSHEET
Lot area ( site area sq.ft.): '7 5 3� & sq.ft.
Base Development Allocation (BDA): Zb G10, 1
0 Comm sq.ft.
[0..55) site area sq.ft., unless otherwise specified in Land Use Element]
FAR permitted, without variance: (A) Comm res nka
Square footage permitted: Comm res okg 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.
sq.ft.
1040 sq.ft.
sq.ft.
(F) TOTAL SQ.FT. [C+D+Eq] sq.ft.
PROPOSED FAR: •� ('� [ F + site area sq.ft. ]
PROPOSED WEIGHTED DEVELOPMENT:
FAR Use Category Weighting Factor Weighted Sq.Ft.
(G) (H) ( G x H )
sq.ft. Base X 1.00 sq.ft.
sq.ft. Reduced X 1.67 sq.ft.
sq.ft. Maximum X 0.50 sq.ft.
TOTAL WEIGHTED SQ.FT.(May not exceed BDA)
Provide tissue overlay of calculations to verify provided square footage. I
Required Parking ! . -fog%' Nf'PA,41tV44-e.L 5510¢ 1 4-0 = /39 • yr " )+> 4/�
Proposed parking (Indicate number of stalls provided I
Total On -Site Parking _%f^ Z r '1911,41 fly)
Standard Compact a:oti� - /�"t
In -lieu Parking �" "UU 0 N (/
�'- Dimension building height as measured from natural grade to average and maximum I
roof height
Show natural grade line on all elevations
Show all rooftop mechanical equipment and dimension from grade directly below.
Indicate location of trash containers on site plan. lCb�ti.Lci�+��
)
Number of Stories �
Floor Plan fully dimensioned showing all room uses.
Plot Plan fully dimensioned showing location of all buildings,
relation to the property line.
Fair Share Contribution $• :v/90 830 + )c 8'
w a San Joaquin Hills Transportation Corridor Fee
SPECIAL APPROVAL REQUIRED THROUGH:.
fences, etc. in
3. cw
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 Committees Indicate Approval No. on Bluelines
Modification required for
/ Plannina Commission/CitVCouncil-_
✓ Use Permit: No. Y13 k
variance: No.
Resubdivision/Tract: No.
Site Plan Reviews No.
Amendments No.
other
Public works:
Easement/Encroachment Permit
Subdivision Engineer
�-)f- Traffic Engineer
Approval of Landscap Plans ,�/�.¢n
GradingBuildinDepartment: �2g 0 "r✓ R, (/
Grading Engineer
Parks Department:
Approval of Landscape Plans
Coastal Development Permits: i� Z
Approval In Concept (AIC) No.
(Note: File 3 sets of plans: site, floor, and elevations)
Coastal Development Permit: No.
Effective Date: dj"_
Waiver/Exemption: No.
Effective date: 2• D• .Z-
T n
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 as at (714) 644-
3200.
FORKS\COMM-ZON.COR
Rev. 2/94
A r�
Planning Commission Meeting September 10. 1992
Agenda Item No.
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No 3293 (Amended) (Public Hearing)
Request to amend a previously approved use permit which permitted
the addition of live entertainment to the existing Cano's Restaurant
with on -sale alcoholic beverages and valet parking. The proposed
amendment involves a request to increase the "net public area" of the
restaurant by constructing an outdoor dining area. The proposal also
includes a request to change the type of live entertainment so as to
allow musical groups with multiple instruments, whereas the existing
use permit limits the type of live entertainment to one piano player
with amplified voice only; and a modification to the Zoning Code so
as to increase the number of tandem parking spaces on the subject
property.
LOCATION: A portion of Lot H, Tract 919, located at 2241 West Coast Highway,
on the southwesterly side of West Coast Highway, between Tustin
Avenue and Dover Drive, in the Mariner's Mile Specific Plan Area.
ZONE: SP-5
APPLICANT: Cano's Restaurant, Newport Beach
OWNER: Ardell Investment Company, Newport Beach
Application
This application involves a request to amend a previously approved use permit which
permitted the addition of live entertainment to the existing Cano's Restaurant with on -sale
alcoholic beverages and valet parking. The proposed amendment involves a request to
increase the "net public area" of the restaurant by constructing an outdoor dining area. The
proposal also includes: a request to change the type of live entertainment so as to allow
musical groups with multiple instruments, whereas the existing use permit limits the type of
live entertainment to one piano player with amplified voice only; and a modification to the
Zoning Code so as to increase the number of tandem parking spaces on the subject
property. In accordance with Section 20.72.010 E of the Municipal Code, any increase in
the "net public area" of an existing restaurant or significant change in the character of the
live entertainment, are subject to the approval of a use permit. Use permit procedures are
TO: Planning Commission - 2.
set forth in Chapter 20.80 of the Municipal Code. Modification procedures are set forth in
Chapter 20,81 of the Municipal Code.
Environmental Sienificanee
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).
Subject Proper and Surrounding Land Uses
The subject property is currently developed with the existing Cano's Restaurant and related
off-street parking for the restaurant and the boat slips bayward of the site. To the north,
across West Coast Highway, is a restaurant, boat sales and an office building; to the east is
the Ardell Ship Brokers facility; to the south is Newport Bay; and to the west is the
Mariner's Mile Marine Center. V
Conformance with the General Plan
and the Local Costal Program
The Land Use Element of the General Plan and the Local Costal Program Land Use Plan
designate the site for "Recreational and Marine Commercial" uses. The restaurant facility
is a permitted use within this designation, upon the securing of a use permit. The Land Use
Element has also established area specific land use policies throughout the City. These
"area" policies set a site,by-site floor area ratio (F.A.R.) development limit of 0.5/0.75 on
the site; however, the Land Use Element general (City-wide) policies also state that "any
uses with a higher than 60 trips per 1,000 square feet for daily use or 3 trips per 1,000
square feet for peak hour traffic would be limited to a reduced F.A.R. calculated prorata
on trip generation characteristics." A restaurant facility is such a use. The general policy
statement continues, "the lowest floor area allowed by these two (2) calculations [the "base,"
or area F.A.R., and the use characteristics] shall apply." The Zoning Code establishes the
maximum F.A.R. for a restaurant, based upon its traffic generation characteristics, to be 0.3.
The area of the site is 95,396± square feet which would allow a maximum of 28,618±
square feet of restaurant development (95,396± sq.ft. x 0.3 = 28,618 sq.ft.). The total gross
floor area of the restaurant, including the proposed outdoor dining, is 9,060± square feet
with a corresponding FAR of 0.095. Therefore, the proposal is consistent with the Land
Use Element policies and guidelines and Section 20.07 (F.A.R. Ordinance) of the Municipal
Code.
In accordance with the provisions of the California Coastal Act, Use Permit No. 3293
(Amended) is a discretionary application which also requires the approval of the Coastal
Commission.
TO: Planning Commission - 3.
The subject property was first developed for restaurant use in 1960. The original restaurant
operation, known as The Stuft Shirt, was established on the site at the time when there was
no use permit requirement for restaurants which were more than 200 feet from a
Residential District. At its meeting of November 6, 1975, the Planning Commission
approved Use Permit No. 1773 which involved"a request to increase the seating capacity of
the restaurant and included the approval of a modification to the Zoning Code so as to
allow the use of tandem parking in conjunction with a valet parking service and the
acceptance of an off -site parking agreement. It should be noted that the restaurant
expansion was never constructed; therefore, Use Permit No. 1773 expired 18 months
thereafter.
At its meeting of April 13, 1976, the Modifications Committee approved Modification No.
1014 which involved a request to revise the on -site parking layout for the subject restaurant,
so as to permit the use of tandem parking in conjunction with the valet parking service.
Said parking plan provided a total of 167 on -site parking spaces (135 parking spaces for the
restaurant and 32 parking spaces for the boat slips located bayward of the site). It should
be noted that the existing restaurant continues to use the tandem parking design with a valet
parking service.
At its meeting of February 18, 1988, the Planning Commission approved Use Permit No.
3293 which involved a request to expand the "net public area" of the restaurant by
converting an existing exterior deck and a portion of the enclosed portion of the restaurant
to an outdoor dining area. Said approval also included a request for live entertainment
consisting of a piano player and a single amplified vocalist and the acceptance of an off -site
parking agreement. Although the outdoor dining area was never constructed (and the
related off -site parking spaces were not needed), the applicant has exercised the live
entertainment portion of Use Permit No. 3293. Staff has attached an excerpt of the
Planning Commission minutes dated February 18, 1988 which sets forth the findings and
conditions of approval for the original Use Permit No. 3293.
Previous Unmet Conditions of Approval
It should be noted that the approval of Use Permit No. 3293 required that the existing drive
aprons on West Coast Highway be reconstructed using the City Standard Flared Apron Std-
166-L. Said approval also required the applicant to relocate the existing entry and exit signs
and lower the existing landscaping adjacent to the entrance drives so as to provide the
required sight distance in conformance with City Std-110-L (Conditions No. 19 and 20). As
of this date, these conditions have not been met; however, the applicant has indicated that
they are in the process of complying with these requirements. Because of the applicant's
failure to comply with these conditions, the Public Works Department is recommending that
should the Planning Commission wish to approve this application, that no building permit
be issued for the new outdoor dining area until said conditions are fully satisfied.
TO: Planning Commission - 4.
Exi ti_g Restaurant Operation
Based on the figures supplied by the applicant, the existing "net public area" of the
restaurant is 4,993 square feet. However, based on staffs calculation, the "net public area"
is 4,740 square feet. Some of the difference (approximately 126 sgft.) is because the
applicant did not delete interior columns, partitions and stairs. For the purpose of this
analysis, staff has used its calculations rather than the applicant's. The existing "net public
area of the restaurant is comprised of a 2,493± square foot dining room, a 1,625± square
foot lounge/bar and a 622± square foot foyer/waiting area. As mentioned previously, the
restaurant is permitted live entertainment, to include one piano player and a vocalist with
voice amplification. The current hours of operation for the restaurant are from 11:00 a.m.
to 12:00 midnight Monday through Saturday and 10:30 a.m, to 12:00 midnight on Sundays,
and there are approximately 17 employees on duty during peak hours of operation.
Analysis
"
The applicant is again proposing to expand the "net public area" of the restaurant by
constructing an outdoor patio dining area. Said expansion will include approximately 840
gross square feet and 830 square feet of additional dining area. As shown on the attached
plans, the patio dining area will be located in an existing landscape area located easterly of
the existing building. Although staff has no objections to the proposed outdoor dining, it
should be noted that the original Use Permit No. 3293, because it also included a request
for live entertainment, prohibited the use of the outdoor dining area after 11:00 p.m. Such
a requirement was imposed so as to minimize the possibility of late night noise impacting
the residential area on Lido Island. It is staffs opinion that such a requirement should
continue.
Required Off -Street Parking
The original restaurant use was established when there was no off-street parking
requirement for restaurants outside of the "H" District. Inasmuch as the subject property
was then located in the C-2 District, it was not required to provide off-street parking.
However, as indicated in the Background Section, Cano's Restaurant has provided 147 on -
site parking spaces since it first took over the previous restaurant use.
In conjunction with the approval of the original Use Permit No. 3293, the Planning
Commission established a parking requirement for the restaurant at one parking space for
149 t , , ti I each 40 square feet of "net public area." Based on such a formula, the existing restaurant
,; , requires 119 parking spaces (4,740 sq.ft.: 40 sgft.= 118.5 or 119 spaces). With the
14.1 f addition of the 830 square foot patio dining area, the required parking would be 140 spaces
(5,570 sq.ft. _ 40 sq.ft.= 139.25 or 140 spaces). In accordance with Section 20.30.035 of the
Municipal Code, the Planning Commission may increase or decrease the parking
requirement for a restaurant within the range or one space for each 30 to 50 square feet of
"net public area" (186 parking spaces and 112 parking spaces, respectively) depending on the
operational characteristics of the facility. It is staffs opinion that 140 parking spaces will
be adequate for the subject restaurant operation.
TO: Planning Commission - 5.
Provided Off -Street Parking
As indicated on the attached site plan, the applicant is showing 144 restaurant parking
spaces, a majority of which are in a tandem configuration which the applicant has previously
been permitted in conjunction with the continuing valet parking service. The proposed
parking plan includes five additional tandem parking spaces for which the applicant is
requesting a modification. Staff has no objections to the additional tandem parking spaces
in light of the continuing valet parking service that the applicant provides.
Restaurant Development Standards
Chapter 20.72 of the Municipal Code contains development standards for restaurants to
ensure that any proposed development will be compatible with adjoining properties and
streets. Said development standards include specific requirements for building setbacks,
parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior
illumination, signing, underground utilities, and storage. Section 20.72.130 of the Municipal
Code states that any of the above mentioned,,development standards for restaurants may be
modified or waived if such modification or waiver will achieve substantially the same results
and will in no way be more detrimental to adjacent properties or improvements than will
the strict compliance with the standards. Due to the existing developed nature of the
subject restaurant, the Planning Commission waived the development standards regarding
walls surrounding the restaurant site in conjunction with the approval of the original Use
Permit No. 3293. No further waiver is required at this time.
Proposed Change in Live Entertainment
As indicated previously, the subject restaurant is currently permitted live entertainment in
the form of one piano player/vocalist with amplified voice only. Inasmuch as musical
groups have been utilized in the past, the applicant is requesting to change the permitted
type of live entertainment so as to allow musical groups with multiple instruments such as
combos or in some cases a mariachi band. Staff has no objections to the proposed live
entertainment provided that the sound of the music is confined to the interior of the
building at all times. Inasmuch as there is no dancing proposed with the live entertainment,
such activity is not expected to increase the parking demand for the restaurant.
Specific Findings and Recommendations
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 these applications,
the findings and conditions set forth in the attached Exhibit "A" are suggested. However,
should the Planning Commission wish to deny Use Permit No. 3293 (Amended), the findings
set forth in the attached Exhibit 'B" are suggested.
TO: Planning Commission - 6.
PLANNING DEPARTMENT
JAMES D. AEWICKER, Director
W. .r„ 'Ward
Senior Planner
Attachments: Exhibit "A"
Exhibit "B"
vicinity Map
Excerpt of the Planning Commission Minutes dated February 18, 1988
Patio Floor Plan, Elevations, Parking Plan, and Restaurant Floor Plan
TO:
Planning Commission - 7.
EXHIBIT "A'
FINDINGS AND CONDITIONS OF APPROVAL FOR
USE PERMIT NO.3293 (AMENDED)
Findin s
1. The proposed addition of an outdoor dining area and the proposed change in the
type of live entertainment within the restaurant is consistent with the Land Use
Element of the General Plan and the Local Coastal Program, and is compatible with
surrounding land uses.
2. That the proposed live entertainment is in keeping with the existing restaurant
operation and shall be confined to the interior of the restaurant.
3. The project will not have any significant environmental impact.
4. That the proposed addition of an outdoor dining area can be adequately served by
on -site tandem parking.
5. That the waiver of the development standards as they pertain to walls, will not be
detrimental to adjoining properties.
6. Adequate offstreet parking and related vehicular circulation are being provided in
conjunction with the proposed development.
7. 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.
8. That public improvements may be required of a developer per Section 20.80.060 of
the Municipal Code.
9. That the approval of Use Permit No. 3293 (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 and further that the proposed modification to the
Zoning Code so as to allow the use of additional tandem parking spaces is consistent
with the legislative intent of Title 20 of this Code.
Conditions:
1. That the proposed development shall be in substantial conformance with the
approved plot plan, floor plans and elevations except as otherwise provided in the
following conditions.
TO: Planning Commission - 8.
2. That all previous applicable conditions of approval of Use Permit No. 3293 shall be
null and void.
3. That the live entertainment shall be limited to combos or a mariachi band; and that
the sound from the live entertainment shall be confined to the interior of the
structure; and further that when the live entertainment is performed, all windows and
doors within the restaurant shall be closed except when entering and leaving by the
main entrance of the restaurant.
4. That the use of the outdoor dining area shall not be permitted beyond 11:00 p.m.
nightly.
5. That all improvements be constructed as required by Ordinance and the Public
Works Department.
6. That prior to issuance of any Grading or Building Permits, the easterly side of the
easterly driveway apron and both sides of the westerly drive apron along West Coast
Highway be flared in conformance with the City's Standard Flared Drive Approach
Standard 166-L in order to provide adequate ingress and egress to and from the site.
All work shall be completed under an encroachment permit issued by the California
Department of Transportation.
7. That prior to issuance of any Grading or Building Permits, the existing entrance and
exit signs located adjacent to West Coast Highway be relocated or lowered in
conformance with the City's Sight Distance Standard 110-L and that the landscape
adjacent to the existing driveways be maintained to provide sight distance in
conformance with the City's sight distance standard.
8. That the hours of operation of the restaurant shall be 10:30 a.m. to 12:00 midnight
daily.
9. That the off-street parking requirement for the restaurant shall remain at the existing
formula of one parking space for each 40 square feet of "net public area" (140
parking spaces).
10. That all restaurant employees shall park their vehicles on -site.
11. 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.
12. That no outdoor loudspeakers or paging system shall be permitted in conjunction
with the subject restaurant.
TO: Planning Commission - 9.
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.
14. 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.
15. That kitchen exhaust fans shall be designed to control smoke and odor.
16. That all mechanical equipment and trash areas shall be screened from West Coast
Highway and adjoining properties.
17. That a valet parking service shall be provided at all times during the restaurant
operation.
18. That the on -site vehicular and pedestrian circulation systems be subject to further
review of the City Traffic Engineer.
19. That no dancing shall be permitted unless an amendment to this use permit is
approved by the Planning Commission.
20. That the applicant shall obtain Coastal Commission approval of this application prior
to the issuance of Building Permits.
21. That the Planning Commission may add or modify conditions of approval to the use
permit, or recommend to the City Council the revocation of this use permit, upon
a determination that the operation which is the subject of this use permit, 'causes
injury, or is detrimental to the health, safety, peace, morals, comfort or general
welfare of the community.
22. That this use permit shall expire if not exercised within 24 months from the date of
approval as specified in Section 20.80.090A of the Newport Beach Municipal Code.
TO: Planning Commission - 10.
EXHIBIT "B°
FINDINGS FOR DENIAL OF
USE PERMIT NO.3293 (AMENDED)
in i
1. That the proposed outdoor dining area in conjunction with existing and proposed live
entertainment has the potential of increasing the opportunity for late night noise on
the waterfront which will adversely effect nearby residential areas on Lido Island.
2. That the establishment, maintenance or operation of the use 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.
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DISTRICTING MAP `
INPOR'T BEACH — CALIFORNIA
AGRICULTURAL RESIDENTIAL R-4 MULTIPLE RESIDENTIAL
SINGLE FAMILY RESIDENTIAL C-1 LIGHT COMMERCIAL
DUPLEX RESIDENTIAL C-3 GENERAL COMMERCIAL
REST'D MULTIPLE (HALT RESIDENTIAL M-1 MANUFACTURING i ORD. NO ASA
CONIMMING DISTRICTS UNCLASSIFIEDq
S ACK SHOWN LIMITED COMMERCIAL DEC. 3G, 19SD MAP NO. Y
ose; i*VNIOT ND. 3299(AMEIJDFD)
.. COMMISSIONERS 1 MINUT6
February 18, 1988
CITY OF NEWPORT BEACH
y
ROLL CALL
INDEX
5, s use permit shall expire unless exercised
within 24 rom tho date of approval as
specified in Section A of the Newport
Beach Municipal Code.
Use Permit No 3293 (Continued Public Hearine)
Item No.3
UP3293
Request to permit the expansion of the existing Cano's
Restaurant with on -sale alcoholic beverages and live
entertainment so as to increase the "net public area' of
Approved
the restaurant by converting an existing exterior deck
to an outdoor dining area. The proposal also includes a
request to convert a portion of the existing enclosed
dining area to an outdoor patio dining area, the
approval of live entertainment, consisting of a piano
player/vocalist, 0 and the approval of a lease for off -
site parking purposes for a portion of the required off-
street parking.
LOCATION: A portion of Lot H, Tract No. 919,
located at 2241 West Coast Highway on the
southerly side of West Coast Highway,
easterly of Tustin Avenue (restaurant
site); and Record.of Survey 10-27 located
at 2500 West Coast Highway, on the
northerly side of West Coast Highway,
easterly of Tustin Avenue (off -site
parking lot) in the Mariner's Mile
Specific Plan Area.
ZONE: SP-5
APPLICANT: El Torito Restaurant, Inc., Irvine
OWNER: Ardell Investment Company, Newport Beach
The public hearing was opened in connection with this
item, and Mr. Pat O'Daly appeared before the Planning
Commission on behalf of the applicant. Mr. O'Daly
stated that he concurs with the findings and conditions
in Exhibit "A",
Commissioner Koppelman referred to Condition No. 3 in
Exhibit "A", providing that when live entertainment is
performed that all windows and doors, except when
entering or leaving the restaurant facility, shall be
closed. She stated that there have been previous
problems related to the restaurants who face the bay
that has carried the sound across the bay to the
residential areas.
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COMMISSIONERS
MINUTES
CITY OF NEWPORT BEACH
February 18, 1988
ROLL CALL
I
J
I
I
t
INDEX
The public hearing was closed at this time.
+
Motion was made to approve Use Permit No. 3293 subject
Motion
to the findings and conditions in Exhibit "A", including
staff's recommended deletion of Condition No. 9: "That
10 foot wide easements shall be granted to the City for
unobstructed public access across the bay side of the
parcel and between the public sidewalk on West Coast
Highway and the bay. Said easements shall be subject to
the approval of the Planning Department and Public Works
Department." Staff explained that alterations and
improvements to existing commercial buildings which
constitute less than 10 percent of the existing
buildings area are exempt from the requirement to
dedicate public access to the bay, and inasmuch as the
proposed addition constitutes only 5.86 percent of the
existing building area, the subject project is exempt
from the public access requirement.
Motion was voted on to approve Use Permit No. 3293
including the findings and conditions in Exhibit "A"
including the deletion of Condition No. 9. MOTION
All Ayes
CARRIED.
Findings•
1. That the proposed development is consistent with
the Land Use Element of the General Plan and with
the Local Coastal Program Land Use Plan and is
compatible with the surrounding land uses.
2. That the project will not have any significant
environmental impact.
3. That the waiver of the development standards as
they pertain to walls and utilities, will not be
detrimental to adjoining properties.
4. That the design of the proposed improvements will
not conflict with any easements acquired by the
public at large for access through or use of any
property within the proposed development.
5. Adequate off-street parking and related vehicular
circulation are being provided in conjunction with
the proposed development.
6. The off -site parking area is located so as to be
useful to the proposed restaurant use.
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COMMISSIONERS
NN�\
y CITY OF NEWPORT BEACH
MINU iES"
TI
February 18, 1988
ROLL CALL
INDEX
7. Parking on such off -site lot will not create undue
traffic hazards in the surrounding area.
8. That the applicant has entered into an appropriate
lease for the off -site parking spaces, which is of
sufficient duration for the proposed development.
9. That the adjoining street is heavily traveled and
that the required public improvements, to include
flared driveways, are necessary to provide improved
access to the site for the proposed intensification
of use.
10. That the approval of Use Permit No. 3293 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 to the general welfare of the City.
Conditions:
1. That development shall. -be in substantial confor-
mande with the approved plot plan;- -floor plan and
elevations except as provided in the following
conditions.
2. That the use of the outdoor dining area shall not
be permitted beyond 11:00 p.m. nightly.
3. That when the restaurant establishes live
entertainment, said activity shall be limited to a
piano player with amplified voice only. When said
live entertainment is being performed, all windows
and doors (except when entering or leaving the
restaurant facility), shall be closed. A licensed
engineer practicing in acoustics shall certify to
the Planning Department that the live entertainment
will not increase the ambient noise levels beyond
the boundaries of the subject property.
4. That the applicant shall provide a minimum of one
parking space for each 40 square feet of "not
public area" (138 spaces) for the subject
restaurant. The applicant shall maintain a lease
for the use of off -site parking adequate to
maintain this parking standard on property Iodated
at 2500 West Coast Highway. Such lease shall be
subject to the approval of the City Attorney and
-7-
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:.`'�.`QOMMISSIONERS
111Tf0ONG�
Y y
CITY OF NEWPORT BEACH
MINUTES
February 18, 1988
ROLL CALL
INDEX
the Planning Director, and a copy of said lease
shall be filed in the Planning Department.
5. That the off -site parking area shall be used for
employee parking only.
6. That the off -site parking area shall be restriped
so as to provide at least 81 parking spaces. Said
plan shall be approved by the City Traffic
Engineer.
7. 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 and shall be identified in
a manner acceptable to the City Traffic Engineer.
Said parking spaces shall be accessible to the
handicapped `at all times. One handicapped sign on
a post shall be required for each handicapped
space.
8. That no dancing shall be permitted in the
restaurant unless the Planning Commission approves
an amendment to this Use Permit.
9. Deltted.
10. 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.
11. 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.
12. That kitchen exhaust fans shall be designed to
control smoke and odor.
13. That a trash compactor shall be installed in
conjunction with the proposed development.
14. That the development standards pertaining to walls,
and utilities shall be waived.
15. That valet parking service shall be provided at all
times during the restaurant operation.
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',..'.':C.OMMI$SIONERS j MINAPfES;
February 18, 1988
�y CITY OF NEWPORT BEACH
ROLL CALL
INDEX
16. That all mechanical equipment and trash areas shall
be screened from West Coast Highway and adjoining
properties.
17. That the public improvements be constructed as
required by ordinance and the Public Works
Department.
18. That the on -site vehicular and pedestrian
circulation system be subject to further review by
the City Traffic Engineer.
19, That the existing drive aprons be reconstructed
using the City Standard Flared Apron Std-166-L
along the West Coast Highway frontage under an
encroachment permit issued by the California
Department of Transportation.
v
20. That the existing entrance and exit signs located
adjacent to West Coast Highway be relocated and the
existing landscaping adjacent to the entrance
drives be maintained so as to provide required
sight distance in conformance with City Std-110-L.
21. 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.
22. 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.
Item No.4
8 ggded)lPublic Hearin¢)
UP3086A
Request to am a previously approved use permit which
permitted the cons tion of a multiple use development
on property located he "Recreational and Marine
Approved
Commercial" area of the ergs Mile Specific Plan
Area. Said approval permitted construction of a
building that exceeded the 26 foot c height limit
and exceeded the gross structural area t of .5
times the buildable area of the site. Said roval
also permitted the establishment of a full ser
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16.
J� SALIFORNIA—THE RESOURCES AGENCY PETS WILSON, Coremor
-ZALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA'.k
245 W. SROADY&Y, STE. 380
P.O. BOX 1450
LONG BEACH, CA 908024416 t y t.; f (•.l� .
(310) 590.5071 ' ' •'
li 11P1►•.; t�i;1 .;r 11 ;; ..
AM Oct 199t phi
"l�8i9)10)ll�12t1t2i�t4: �,�.
4�
Date: 12-14-92
Waiver # 5-92-409
NOTICE OF PERMIT
WAIVER EFFECTIVENESS
Applicant: Cano's Restaurant
Please be advised that Waiver # 5-92-409 ,•which was reported
to the Commission on December 10, 1992 became effective as of that
date. Any deviation from the application and plans on file in the
Commission office may require a coastal development permit for the entire
project.
Should you have any questions, please contact our office.
PETER M. DOUGLAS
Executive Director
By: V"'
Title: S ff Analyst
E6: 4/88
7070E
my/lm
OF CALIFORNIA-THE RESOURCES AGENCY
"CALIFORNIA COASTAL COMMISSION
SOUTH COAST AREA
/ 245 W. BROADWAY, STE. 380
P.O. BOx 1450
LONG BEACH, CA 90802-4416
(310) 590.5071
TO: Timothy Wilkes A.I.A. Architects
4199 Campus Dr., Ste. 260
Date: November 23, 1992
Irvine. CA 92715
SUBJECT: Waiver of Coastal Development Permit Requirement/Improvements to
Existing Single —Family Residences or Structures — Section
30610(a) and (b) of the Coastal Act
Based on your project plans and information provided in your permit
application for the development described below, the Executive Director of the
Coastal Commission hereby waives the requirement for a Coastal Development
Permit pursuant to Section 13250(c) or Section 13253(c), Title 14, California
Administrative Code. If, at a later date, this information is found to be
incorrect or the plans revised, this decision will become invalid; and, any
development occurring must cease until a coastal development permit is
obtained or any discrepancy is resolved in writing.
WAIVER # 5-92-409 APPLICANT: Cano's Restaurant
LOCATION: 2241 West Coast Highway, Newport Beach, Orange County.
PROPOSED DEVELOPMENT: Addition of 840 square feet of outdoor patio seating to
an existing 8000 square foot restaurant. The net public area of the existing
restaurant is 4993 square feet. There are currently 136 parking spaces
available and 8 additional spaces are proposed in conjunction with an existing
valet parking program. The proposed patio dining area will replace existing
landscaped area. The subject site is a waterfront lot.
RATIONALE: The proposed development will have no adverse impacts on coastal
access or resources, is consistent with the City's certified LUP and the
Chapter Three policies of the Coastal Act.
This waiver will not become effective
December B-11. 1992 , meeting
this waiver of permit requirements, a
required. r
CHARLES DAMM
South Coast District Director
cc: Commissioners/File
6932E
until reported to the Commission at their
If three (3) Commissioners object to
coastal development permit will be
by
Conditions of Approval
Use Permit #3293A
2241 West Coast Highway
Plan Check # 1996-92
CONDITION
DEPARTMENT
ACTION
1.
Substantial conformance
Planning
Plans Approval
2.
Previous conditions
Planning
No action
3.
Live entertainment
Planning
Letter of Compliance
4.
Outdoor dining
Planning
Letter of Compliance
5.
Improvement
Public Works
Plans Approval
6.
Encroachment permit
Dept of Transp
Prior to the issuance
of permits
Public Works
Hold on final
7.
Signs/landscape
Public Works
Hold on final
8.
Hours of operation
Planning -
Letter of Compliance
9.
Parking
Planning
Plans Approval
Traffic Engineer
Hold on final
10.
Employee parking
Planning
Letter of Compliance
11.
Handicapped parking
Building
Plans Approval
Planning
Hold on final
Traffic
12.
Speakers/Paging
Planning
Letter of Compliance
13.
Washout area
Building
Plans Approval
14.
Grease interceptors
Building
Plans Approval
15.
Exhaust fans
Building
Plans Approval
16.
Mechanical equipment
Planning
Hold on final
screened
17.
Valet parking
Planning
Valet plan
Traffic
fA�- 4
Conditions of Approval
Page 2
18. Circulation
19. Dancing
20. Coastal Cor
21. N/A
22. N/A
•, y COMMERCIAL/INDUSTRIAL ZONING CORRECTIONS
Telephone: (7141 644-3200
^� By: enia Garcia Assistant Planner
By:Marc Myers Assistant Planner
Date: Address
Plan Check
By: hriety Teague Assistant Planner_
Districting Map No. Land Use Element Page No.
Corrections Required:
Block Section Tract
Legal Description: Lot -,,&_
Resubdivisioequired to of ins l 0 s or portions of lots when construction or
alterationsare in
Covenant required. Please have owner's signature notarized on the attached
document and return to me. /),. 19',1�
Lot Size
Zone
Proposed Use
Required Setbacks
Front
Ad1rn
�aa
Rear AVP dV 17v '7c`
/ ' 2
Right Side
Left side Q "" ��
oe-
FAR WORRSHEET KU
9�_ Gvt
Lot area site area ea.ft.l: sq.ft.
� p / If
Base Development Allocation (BDA): _. L-3 comet 0Wq-ft-
(0.5 x site area sq.ft., unless otherwise specified in Land toe Element)
FAR permitted, without variance: (A) Comm ree nka
Square footage permitted: comet res vka oq.ft.
[(A) x site area sq.ft.]
Maximum FAR allowed with variance: (B) Comm res vka
Maximum square footage allowed:
Comm ree sq.ft.
[(B) x site area sq.ft.]
PROPOSED DEVELOPMENT:
(C) Base FAR use sq.ft. sq.ft.
(D) Reduced FAR use eq.ft. O sq.ft.
(E) Maximum FAR use sq.ft.
sq.ft.
(F) TOTAL SQ.FT. [C+D+E]
sq.ft.
[ F +
site area sq.ft. ]
PROPOSED FAR: ,FJI.�
PROPOSED WEIGHTED DEVELOPMENT:
FAR Use Category Weighting
Factor
Weighted Sq.Ft.
H 1
(G) (H)
( G x
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 calculations to verify provided square footage.
% Required Parking
! Proposed parking (Indicate numb r, stall
g s provided)
Total On -Site Parkin
Standard Compact
In -lieu Parking
Dimension building height as measured from natural grade to average and maximum
roof height
Show natural grade line on all elevations
Show all rooftop mechanical equipment and dimension from grade directly below.
Indicate location of trash containers on site plan.
Number of Stories
T/n /
Floor Plan fully dimensioned showing all room uses.
------/�rrr�--�--- Plot Plan fully dimensioned showing location of all buildings, fences, etc. in
relation to the property (line. �( -7 y.1/
Fair Share Contribution 1✓vn �� $" "��0
San Joaquin Hills Transportation Corridor Fee
^ECIAL APPROVAL REQUIRED THROUGH_
Please indicate any discretionary approval numbers on the plane 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 I
P lannina Commission/City Council: �,� / `/ �
Use Permit: No. ���- �✓ ���> ��Q���
Variance: No.
Resubdivision/Tract: No.
Site Plan Review: No.
Amendment: No.
other � l _ • � �
/ 9/),�Public works:
(
�.C.% ) Easement/Encroachment Permit
Subdivision Engineer L%� 0''GP✓ (G D` / Traffic Engineer
Approval of Landacap lane - n
Building Department:
Grading Engineer
Parks Department:
Approval of Landscape Plans
4LCoastal Development Permits: G .
Approval In Concept (AIC) No. / / `4 Y
(Note: File 3 sets of plans: site, floor, and elevations)
Coastal Development Permit: No.
Effective Date:
Waiver/Exemption: No.
Effective date:
NOTE: it is the responsibility of the applicant to circulate their plans and
obtain the necessary approvals from the departments checked above. It you
have questions regarding your application, please contact me at (714) 644-
3200.
FORMS\COMM-ZON.COR
Conditions of Approval
Use Permit #3293 A
2241 West Coast Highway
Plan Check # 1996-92
COMMON
DEPARTMENT
ACTION
1.
Substantial conformance
Planning
Plans Approval
2.
Previous conditions
Planning
No action
3.
Live entertainment
Planning
Letter of Compliance
4.
Outdoor dining
Planning
Letter of Compliance
5.
Improvement
Public Works
Plans Approval
6.
Encroachment permit
Dept of Transp
Prior to the issuance
of permits
Public Works
Hold on final
7.
Signs/landscape
Public Works
Hold on final
8.
Hours of operation
Planning ' ' -
Letter of Compliance
9.
Parking
Planning
Plans Approval
Traffic Engineer
Hold on final
10.
Employee parking
Planning
Letter of Compliance
11.
Handicapped parking
Building
Plans Approval
Planning
Hold on final
Traffic
12.
Speakers/Paging
Planning
Letter of Compliance
13.
Washout area
Building
Plans Approval
14.
Grease interceptors
Building
Plans Approval
15.
Exhaust fans
Building
Plans Approval
16.
Mechanical equipment
Planning
Hold on final
screened
17.
Valet parking
Planning
Valet plan
Traffic
Conditions of Approval
Page 2
18. Circulation
19. Dancing
20. Coastal Commission
21. N/A
22. N/A
Traffic Plans Approval
Planning Letter of Compliance
Planning Pending PC#1994-92
9 APPLICATION FOR "APPROVAL IN CONCEPT" NO.
CITY OF NEWPORT BEACH FEE:
APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit
application to the South Coast Regional Commission pursuant to California
Administrative Code, Section 13210 and 13211.
7 L.�
General Description of Proposed Development: y /%G3/%'/hfl/ r`liC 31 r /7
P'?` �'uTl% a.� yG,',4ZD IV E'X/a`7-JAI6 R6 S i'-7C/ L9wr
Property Address: ���//'% T� /e✓f�' � (--6457' .�/�'N�✓,�} �
Legal Description: aI'a,�"LnM /r7;r ! TAG% WZone: 510—:5
,
Applicant: CA4/05 �lC+a7il3Vi� itil/%
Applicant's Mailing Address: 11L� J, 7-//4e)?y5e, w//— s Ar'�i/�
h�/99 f".4I3?��IJS Oiz- S re.: 260
r _ - , V/N� l C;47. 917715
Applicant's Telephone Number
DO NOT COMPLETE APPLICATION BELOW THIS LINE
I have reviewed the plans for the foregoing development including:
1. The general site plan, including any roads and public access to the
shoreline.
2. The grading plan, if any.
3. The general uses'and intensity of use',proposed for each part of the area
covered in the application;
and find
o They comply with the current adopted City of Newport Beach General Plan,
Zoning Ordinance, Subdivision Ordinance, and any applicable specific or
precise plans or
'o. That a var--i-a7rCe or exception has been approved and is final.
A copy of any variance, exception, conditional use permit, or other issued
permit is attached together with all conditions of approval and all approved
plans including approved tentative tract maps. On the basis of this finding,
these plans are approved in concept, and said approval has been written upon
said plans, signed and dated.
Should this City adopt an ordinance deleting, amending, or adding to the Zoning
Ordinance or other regulations in any manner that would affect the use of the i
property or the design of a project located thereon, this approval in concept
shall become null and void as of the effective date of this said ordinance.
y
In accordance with the California Environmental Quality Act of 1970, and state
and local guidelines adopted thereunder, this development:
q- Has been determined to be ministerial or categorically exempt.
o Has received a final Exemption Declaration or final Negative
Declaration (copy attached).
o Has received a final Environmental Impact Report (copy attached).
All discretionary approval legally required of this City prior to issuance of a
building permit have been given and are final. The development is not subject
to rejection in principal by this City unless a substantial change in it is
proposed.
This concept approval in no way excuses the applicant from complying with all .
applicable policies, ordinances, codes, and regulations of this City.
Date: PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
Attachments:
By
NOTE: No building permit wi l be issued until approval is received from
S.C.R.C.
To: Building Department •-�OA r e- Ilei
From: Planning Department
Re: Hold on Building Permit Final
Planning Department Comments
No Activity:
In Plan Check: —
Active Bldg Permit:
Public Works Notified:
Plan Checker Notified:
Check No. / G4 _?_;L
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.
[ j Parcel Map Recordation: Resubdivision No. Record date
[ ] Use Permit Conditions of Approval: Use Permit No. >
Condition(i) No.
[ ] After recordation of -the map a building permit change must be processed with
the Building and Planning. DepartmerijK-PRIOR TO. XINAL OF THE
Rt7iLnING 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
[ ] Other:
Units Demolished Units Built
CC: V Code Enforcement
_Plan Checker F:\WP50\JAY\MEM\BP-HOLD.MEM rev 4 5 90
a