Loading...
HomeMy WebLinkAbout2400 W COAST HWY111111111 lill 11111111111111111111 *NEW FILE* 2400 W Coast Hwy APPLICATION FOR "APVAL IN CONCEPT" CITY OF NEWPORT BEACH NO.4k 6 2 t - (:� "`) FEE: 3 G 04. APPROVAL IN CONCEPT BY THE CITY OF NEWPORT BEACH - As required for permit application to the California Coastal Commission pursuant to California Administrative Code, Section 13210 and 13211. General Description of Proposed Development: �kjq�,,(j/ /1/!kl-et7l' lr'S7Gci/GL,cf Legal Description:, &' 1e71 04 1,04 ,® %eZ4A 9WZone: 55 P- $ Applicant: ��fbS�//% .tom <VS7`�-Oot Applicant's Mailing Applicant's Telephone Number: (7/4-12 4S!V -55`-71 P,, )_ , .Igg 106 _j, (4l y) DO NOT COMPLETE APPLICATION BELOW THIS LINE The I have reviewed the plans for the foregoing development including: and find 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; They comply with the current adopted City of Newport Beach General Plan, Zoning Ordinance, Subdivision Ordinance, and any applicable specific or precise plans or XThat a 11.5C rc)2 M I -r has been approved and is final A copy of any variance, site plan review, resubdivision, 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 site 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 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. In accordance with the California Environmental Quality Act of 1970, and state and local guidelines adopted thereunder, this development: • Has received a final Exemption Declaration or final Negative Declaration (copy attached). XHas been determined to be ministerial or categorically exempt. • 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: S 4) PLANNING DEPARTMENT Attachments: JAWS D. HEWICKER, Director PC, M wvilc 5 S-r Af f AV ,` NOTE: No building permit will be issued until approval isWceived from C.C.C. PAID T I WP5I\PLANNINOIDARLEENTORMSWPRLCONP.DOC MAY 041995 CITY OF NEWPORT BE f COMMISSIONERS 9 G pvG+ 0 CITY OF NEWPORT BEACH MINUTES ..-*Inn innc ROLL INDEX CALL Use Permit No 3040 (Amended) (Public Hearing) Item No.7 Request to amend a previously approved use permit which allowed the UP3040A conversion of a take-out Haagen-Dazs ice cream shop with incidental seating to a full service restaurant with table service and alcoholic Approved beverages, on property located in the Mariner's We Specific Plan Area. The previous approval also included the waiver of a portion of the required off-street parking spaces. The proposed amendment involves a request to expand the "net public area" of the restaurant on the first floor and by converting a second floor commercial space into a loungetwaiting area that will be used after 6:00 p.m.. The proposal also includes: a request to convert a Base FAR use (commercial) to a Reduced FAR use (restaurant) in accordance with the provisions of Section 20.07.044 of the Municipal Code, and the waiver of a portion of the additional required parking spaces. LOCATION: A portion of Lot A, Tract No. 919, located at 2400 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in Mariner's Mile. ZONE: SP-5 APPLICANT: John S. Jasper, (Jackshrimp Restaurant), Newport Beach OWNER: Susan Cuse, Inc., Newport Beach The public hearing was opened in connection with this item, and Mr. John Jasper, applicant, appeared before the Planning Commission. He referred to Condition No. 3, Exhibit "A", regarding the second floor lounge area, and he stated that the condition was imposed because of a traffic concern, however, .it did not apply to Saturdays and Sundays. William Laycock, Current Planning Manager, replied that staff had no objections with the requests to change Condition No. 3 to state except for Saturdays, Sundays, and holidays. -28- t COMMISSIONERS Mo Al MINUTES CITY OF NEWPORT BEACH ROLL CALL Xr INDEX In response to questions posed by Commissioner Brown, Mr. Jasper stated that the existing plastic tent is used during undesirable conditions so as to be able to use the patio area. There being no others desiring to appear and be heard, the public hearing was closed at this time. tion * Motion was made and voted on to approve Use Permit No. 3040, subject 1 Ayes to the findings and conditions in Exhibit "A", and to modify Condition No. 3 to state ..except for Saturdays, Sundays, mid holidays MOTION CARRIED. FINDINGS: 1. That the proposed restaurant expansion is consistent with the General Plan and the Local Coastal Program, Land Use Plan and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site and in the nearby Mariner's Mile Municipal Parking Lot to accommodate the proposed expansion facility and the other uses existing on the subject property. 4. That the waiver of the development standards as they pertain to a portion of the required parking spaces (16 spaces), traffic circulation, landscaping, parking lot illumination, utilities and walls surrounding the restaurant site will not be detrimental to adjoining properties given the developed characteristics of the existing facility. 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. -29- COMMISSIONERS • MINUTES CITY OF NEWPORT BEACH ^'20 '993 ROLL CALL n, INDEX 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 subject 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 restaurants. 9. The proposed restaurant expansion 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 approval of Use Permit No. 3040(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 to the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan, floor plans and elevation, except as noted below. 2. That the outdoor dining area shall be limited to a maximum "net public area" of 260t square feet, the interior dining area be limited to a maximum "net public area" of 5774: square feet and the second floor lounge area be limited to a maximum "net public area" of 602f square feet, with the total "net public area" not to exceed a maximum of 1,439 square feet. -30- COMMISSIONERS CITY OF NEWPORT BEACH MINUTES A-411)n 1000 ROLL CALL r INDEX 3. That the second floor lounge area shall be limited to use after 6:00 p.m., except for Saturdays, Sundays, and holidays. 4. That the development standards pertaining to a portion of the required parking spaces (16 spaces), traffic circulation, landscaping, parking lot illumination, utilities and walls surrounding the restaurant site are waived. 5. That all previously applicable conditions of approval of Use Permit No. 3040 (Amended) shall remain in effect as a part of this approval. 6. That Coastal Commission approval shall be obtained prior to issuance of building permits for the tenant improvements or implementation of the proposed expansion associated with this approval. 7. 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, cause injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. S. 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. A. General Plan Amendment No. 94-1 Continued Public H Request to consider an amendment to the Land Element of the General Plan for Pacific View Memorial Par as to establish a new development allocation of a maximu of 30,000 square feet of administrative offices and suppo ac..ties, 126,700 square feet of community mausoleum and n crypts, and 12,000 square feet of family -31- • Planning Comi,',fssion Meeting April 20. 1995 Agenda Item No. 7 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No 3040 (_,Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the conversion of a take-out Haagen-Dazs ice cream shop with incidental seating to a full service restaurant with table service and alcoholic beverages, on property located in the Mariner's Mile Specific Plan Area. The previous approval also included the waiver of a portion of the required off-street parking spaces. The proposed amendment involves a request to expand the "net public area" of the restaurant on the first floor and by converting a second floor commercial space into a loungelwaiting area that will be used after 6:00 p.m.. The proposal also includes: a request to convert a Base FAR use (commercial) to a Reduced FAR use (restaurant) in accordance with the provisions of Section 20.07.044 of the Municipal Code; and the waiver of a portion of the additional required parking spaces. LOCATION: A portion of Lot A, Tract No. 919, located at 2400 West Coast ITighway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in Mariner's Mile. ZONE: SP-5 APPLICANT: John S. Jasper (Jackshrimp Restaurant), Newport Beach OWNER: Susan Cuse, Inc., Newport Beach Application This application involves a request to amend a previously approved use permit which allowed the conversion of a take-out Haagen-Dazs ice cream shop with incidental seating to a full service restaurant with table service and alcoholic beverages, on property located in the Mariner's Mile Specific Plan Area. The previous approval also included the waiver of a portion of the required off-street parking spaces. The proposed amendment involves a request to expand the "net public area" of the restaurant by converting a second floor commercial space into a loungelwaiting area that will be used after 6:00 p.m.. The proposal also includes: a request to convert a Base FAR use (commercial) to a Reduced FAR use (restaurant) in accordance with the provisions of Section 20.07.044 of the Municipal Code; and the waiver of a portion of the additional required parking spaces. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. 0 0 TO: Planning Commission - 2 v 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 I (Existing Facilities). Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. The subject project is a permitted use within this designation subject to the approval of a use permit in each case. In addition, the Land Use Element of the General Plan specifics a land use intensity limit of 0.5/0.75 FAR for the subject property. Based on this requirement, the Base Development Allocation for the site is 0.5 tunes the site area or 10,5781 square feet (21,156cl: sq.ft. x 0.5=10,578 sq.ft.). The subject property is currently developed with buildings containing 12,256c� square feet (.57 FAR); therefore, the existing development on the subject property is inconsistent with the current General Plan floor area limitations. In accordance with the provisions of the California Coastal Act, the subject project also requires the approval of a Coastal Permit. The subject property is comprised of a single large parcel of land which is occupied by two 2-story multi -tenant buildings and related parking. To the northeast is a Municipal Parking Lot; to the southeast, is the Margaritaville Restaurant and related parking; to the southwest, across West Coast Highway, are various marine related uses, and to the northwest is a commercial building. Back rg ound At its meeting of June 9, 1983, the Planning Commission approved Use Permit No. 3040, which was a request to permit the establishment of a take-out Haagen-Dazs ice cream shop with incidental seating located on the subject property. The proposal also included a waiver of 23 of the required 26 off-street parking spaces in conjunction with the proposed ice cream facility. The proposal did not include any seating within the interior of the facility and only provided three tables and twelve chairs in the 2601 sq.ft, outdoor patio. An excerpt of the Planning Commission minutes, dated June 9,1983, is attached for the Commission's information. At its meeting of August 5, 1993, the Planning Commission approved an amendment to Use Permit No. 3040, which was a request to change the operational characteristics of the take-out restaurant so as to allow the facility to operate as a full service restaurant including table service and on -sale beer and wine. The Planning Commission also waived 12 of the required 15 off-street parking spaces, since the peak hours of the Jackshrimp Restaurant are between 7:00 p.m. and 10:30 p.m. daily, when most of the retail and office uses on -site are closed. An excerpt of the Planning Commission minutes, dated August 5,1993, is attached for the Commission's information TO: Planning Comnnssion - 3 10 Analysis The subject application is a request to permit the expansion of an existing restaurant into an adjoining first floor commercial space and an existing second floor commercial space. The existing restaurant contains approximately 800f gross sq.R. of interior space and 260f gross square feet of outdoor dining area for a total of 1,0604: gross square feet. The "net public area" of the existing restaurant is comprised of 330 sq.ft. inside the facility and 260 sq.ft. for outdoor dining purposes, for a total "net public area" of 590 sq.ft. The proposed first floor remodel and expansion into the adjoining first floor commercial space will result in a first floor "net public area" of 837 sq.ft. (an increase of 247 sq.ft. in first floor net public area). The proposed expansion into the second floor commercial space will result in a gross floor area addition of 1,052 sq.ft., with a related second floor "net public area" of 602 sq.ft.. The total increase in net public area for the existing restaurant will be 849 sq.ft., for a total "net public area" of 1,439 sq.ft. in conjunction with the proposed request. It should be noted that, although the first floor interior dining area is increasing by 247 sq.ft., the proposed seating arrangement results in an increase in seating of only two. The previously approved indoor dining plan contained a total of 18 seats,.and the proposed first floor indoor dining plan contains approximately twenty 20 seats. The outdoor dining area consists of 12 seats. There are no limitations on the current hours of operation; however, the previous Use Permit No. 3040 stated that the hours of operation were between 11:00 a.m. and 11:00 p.m., daily. The applicant has no plans to change the existing hours of operation. The number of employees will be increased from 5 to 8 persons during peak hours of operation. Expansion into Second Floor with Lounge/Bar As indicated in the attached letter from the applicant, the purpose of the proposed restaurant expansion into the second floor commercial space is to provide a comfortable waiting area for patrons of the subject restaurant. The existing facility is currently lacking any defined waiting area for patrons, which often leaves the evening patrons standing in the adjacent driveway at the entrance to the subject property. Not only does this present a safety hazard, but it proves uncomfortable when the weather is disagreeable. The applicant has indicated that the need for the lounge area arises only in the evening, as the restaurant's businesses tends to be much heavier during the dinner hour than it is at lunch. As may be seen on the attached second floor plan, the proposed lounge area contains two tables with four chairs each, two comer sofas and a beverage service bar. No live entertainment is proposed in conjunction with said lounge. Staff has no objection to the proposed addition of the loungetbar area, inasmuch as the proposed second floor area will to be incidental to the primary use of the subject establishment as a conventional sit-down restaurant, and will only be utilized after 6:00 p.m.. Compliance With the Floor Area Ratio Ordinance In accordance with the provisions of Chapter 20.07 of the Municipal Code (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 an FAR of .57. Therefore, the existing development is nonconforming relative to the allowable base development allocation. However, as fiuther 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 0 TO: Planning Commission - 4 FAR Ordinance further allows for the conversion of Base FAR uses (uses permitted up to 0.5 FAR such as retail and office uses) to a Reduced FAR use (uses permitted up to 0.3 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, and subject to all ofthe 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 project would not readily lend itself to conversion to a higher traffic generating use. 6. The proposed uses are compatible with the surrounding area. Based on standard trip generation rates for restaurants and retail uses, the establishment of the proposed second floor lounge will result in a reduction in project related traffic during the day inasmuch as the peak hour traffic generated by the daytime operation of the restaurant containing 1,060f gross sq.ft. (first floor) is less than the peak hour traffic generated by the combined 2,1121 sq.ft. of floor area currently devoted to the daytime operation of the existing restaurant and the existing second floor commercial area of the subject building (1,052+ square feet of which will now be closed during the peak hour traffic periods). Based on the City Traffic Engmeet's analysis, and considering that the proposed restaurant is compatible with the other commercial development, it is staffs opinion that all the above findings can be reasonably made in the case of the subject project. The existing buildings on the subject property contain a mixture of retail and commercial office uses. The Municipal Code currently requires 1 parking space for each 250 square feet of floor area of office and retail uses. The existing office and retail uses (including the existing restaurant) contain 12,256c� square feet of floor area. Therefore, a total of49 parking spaces would be required if the entire interior space on the site were for retail or office uses (12,256t sq.ft. divided by 250 = 49 spaces). It should be noted that when the buildings permits were issued for the existing development in 1965, the plans submitted at that time indicated that the parking requirement had been met on the site. Subsequently, it was determined that a portion of the parking shown on those plans was actually located on an adjacent parcel of land to the rear of the subject property and was later condemned by Caltrans for the Coast Freeway. When the freeway plans were abandoned, the City of Newport Beach purchased the land in 0 0 TO: Planning Commission - 5 order to construct the existing Mariners We Municipal Parking Lot. Currently, there are 40 parking spaces on the subject property. These 40 spaces result in an existing parking ratio of one parking space for each 306f sq.ft. of floor area (12,25(xf sq.ft. divided by 40 spaces = 306f sq.ft. per space). If the existing restaurant were occupied by a permitted retail use it would generate a requirement for 3 parking spaces (800f sq.ft. divided by 306 = 2.6 or 3 spaces), based on the existing parking ratio as mentioned previously. The Municipal Code requires one parking space for each 40 square feet of "net public area" for a full service restaurant. Based on this formula, the existing restaurant would require 15 parking spaces (5901 sq.ft. divided by 40 sq.ft. =14.75 or 15 parking spaces). However, as noted above, the Planning Commission, in conjunction with the approval of Use Permit No. 3040 (Amended), waived 12 of the required 15 parking spaces for the existing restaurant facility. Restaurant Expansion into Existing Commercial Suites The gross square footage currently occupied by commercial uses for the subject building (a portion of the first floor and all of the second floor) generates a parking requirement of 6 spaces ( 325 sq.ft. first floor+ 1,052 sq.ft. second floor =1,377 sq.ft. divided by 250 = 5.5 or 6 parking spaces). Therefore a credit of 6 parking spaces goes toward the proposed expansion of the subject restaurant into these commercial spaces. In conjunction with the proposed expansion of "net public area" for the subject facility, 16 additional parking spaces are required by the Municipal Code (849 sq.ft. of "net public area" divided by 40 sq.ft. = 21.22 or 22 parking spaces, minus the credit of 6 parking spaces). It should also be noted that the parking requirement could vary from 17 spaces, before credit (one parking space for each 50 sq.ft. of "net public area') to 29 spaces, before credit (one parking space for each 30 sq.ft. of"net public area") depending on the operational characteristics of the restaurant. It is staffs opinion that one parking space for each 40 square feet of "net public area" is appropriate in this case. The applicant is requesting that 16 of the 22 additionally required parking spaces be waived in conjunction with the subject expansion Staff has no objections with the applicant's request, inasmuch as the peak hours of operation of the restaurant use are between 7:00 p.m. and 10:00 p.m. daily, when most of the retail and office uses on - site will be closed. In addition, the Mariners Mile Municipal Parking Lot adjoins the subject property for any additional parking needs. 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, 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. TO: Planning Commission» 6 0 Staff is of the opinion that due to the existing physical characteristics of the subject site, the on -site development standards as they apply to a portion of the required parking spaces, traffic circulation, landscaping, parking lot illumination, utilities and walls surrounding the restaurant site should be waived if in conjunction with the approval of this application. Soec fic Findings and Recommendations Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use pemut, 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 ofthe City. Should the Planning Commission wish to approve this application, appropriate findings and conditions are set forth in the attached Exhibit "A". Staff cannot reasonably conceive of findings for denial inasmuch the proposed project conforms to the requirements of Title 20 of the Municipal Code and does not appear to have any detrimental effect on the surrounding neighborhood. However, should information be presented at the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such action PLANNINGDEPARTMEW JA IES D. HEWICKER, Director DANA 0. ASLAMI g— Associate Planner Attachments: Exhibit "A" vcuuty Map Excerpts of the Planning Commission Minutes, dated June 9,1983 and August 5, 1993 Letter from the Applicant Plot Plan, Floor Plans and Elevation F:\WP51\PLANNING\DANA A\UP\REST\UP3040A TO: Planning Comrm�on - 7 0 EXHIBIT "A' FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO.3040 (Amended) FINDINGS: 1. That the proposed restaurant expansion is consistent with the General Plan and the Local Coastal Program, Land Use Plan and is compatible with surrounding land uses. 2. That the project will not have any significant environmental impact. 3. That adequate parking is available on -site and in the nearby Mariner's Mile Municipal Parking Lot to accommodate the proposed expansion facility and the other uses existing on the subject property. 4. That the waiver of the development standards as they pertain to a portion of the required parking spaces (16 spaces), traffic circulation, landscaping, parking lot illumination, utilities and walls surrounding the restaurant site will not be detrimental to adjoining properties given the developed characteristics of the existing facility. 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. 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 subject 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 restaurants. 9. The proposed restaurant expansion 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 approval of Use Permit No. 3040 (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 to the general welfare of the City. CONDITIONS: That development shall be in substantial conformance with the approved plot plan, floor plans and elevation, except as noted below. 4 TO: Planning Commission - 8 2. That the outdoor dining area shall be limited to a maximum "net public area" of 260A- square feet, the interior dining area be limited to a maximum "net public area" of 5774: square feet and the second floor lounge area be limited to a maximum "net public area" of 602f square feet, with the total "net public area" not to exceed a maximum of 1,439 square feet.. 3. That the second floor lounge area shall be limited to use after 6:00 p.m., daily. 4. That the development standards pertaining to a portion of the required parking spaces (16 spaces), traffic circulation, landscaping, parking lot illumination, utilities and walls surrounding the restaurant site are waived. 5. That all previously applicable conditions of approval of Use Permit No. 3040 (Amended) shall remain in effect as a part of this approval. 6. That Coastal Commission approval shall be obtained prior to issuance of building permits for the tenant improvements or implementation of the proposed expansion associated with this approval. 7. 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, cause injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 8. 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. *ICINITY NIP 1111111111111113 C/- CLIFF ORfVE / R•I hvtK M1A P •�� a-/ r s `I•.r SEE M•Er NO. J 9., `/ I /IEry �e n 9i 0 0 �/ y 14 sEE HAE Nb, s DISTRICTING MAP EWPORT BEACH -- CALIFORN 7 AGRICULTURAL RESIDENTIAL R'+ C-1 MULTIPLE RESIDENTIAL SINGLE FAMILY RESIDENTIAL IIGNT COMMERCIAL DUPLEX RESIDENTIAL C-2 GENERAL COMMERCIAL ^ RESTV MULTIPLE FAMNT RESIDENTIAL M-1 Pq MANUFACTURING J CWBININO DISTRICTS uun Acunrn RY 4 h b NN �LLN � TC ORD. N0. ESf DEC. x,BgG MAP' NO. USE PERMIT NO. 3Uj0Ame-u�) a A, I Motion All Ayes MMIJJM�CRJ • June 9, 1983 . � c � s m c a 5 o a. City of Newport Beach MINUTES Request to establish a take-out Haagen-Dazs ice cream shop with incidental seating located in the SP-5 Item #6 District on Mariners' Mile. The proposal also includes a request to waive a portion of the required off-street parking spaces in conjunction with the proposed ice cream facility. LOCATION: A portion of Lot A of Tract No. 919, located at 2400 West Coast Highway, on the northerly side of West Coast USE PERM: N0. 3040 Highway, easterly of Tustin Avenue, on Mariners' Mile. ZONE: SP-5 APPLICANT: Yahn-Heck Ent. Inc., Corona del Mar OWNER: Susan Cuse, Santa Ana APPROVED CONDI- TIONALLY The public hearing opened in connection with this item and Mr. Wayne Heck, the applicant, appeared before the Commission and requested approval of the use permit. Motion was made for approval of Use Permit No. 3040, subject to the following findings and conditions, which MOTION CARRIED: FINDINGS: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the adopted Local Coastal Program, Land Use Plan, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That the waiver of the development standards as they pertain to circulation, walls, landscaping, parking lot illumination, utilities, and a portion of the required parking spaces, will not be detrimental to adjoining properties. 4. The Police Department has indicated that they do not contemplate any problems. -21- , k O MINUTES • June 9, 1983 . o c m = CO m m y c n o c a m 3 0 m CALL of Newport Beach 5. The approval of Use Permit No. 3040 will not under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. 2. That all trash shall be stored in the building or be screened from West Coast Highway and adjoining properties until scheduled trash pick-up occurs. 3. That a trash compactor shall be installed in conjunction with the proposed use. 4. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. S. That the development standards pertaining to parking lot illumination, circulation, walls, landscaping, utilities, and a portion of the parking spaces shall be waived. 6. That 23 of the 26 required parking spaces be waived. 7. That trash receptacles for patrons shall be provided in convenient locations inside and outside the building. 8. That no cooking, or any food preparation other than ice cream and related products, shall be permitted in the take-out restaurant facility unless an amended use permit is approved by the City at a later date. Said amendment could require the addition of kitchen exhaust fans, washout areas for trash containers, and grease interceptors. 9. That all employees shall park on -site at all times. -22- INDEX MMIS2ON"5 . June 9, 1963 F � w = m o n City of Newport Beach 0 MINUTES INDEX 10. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 11, That prior to the issuance of a building permit, the applicant's interest in the 12 feet of right-of-way needed to widen West Coast Highway to master plan standards be dedicated to the City. The applicant's use of property would not be affected until such time as the City acquires the underlying fee to the property and widens the highway. 12. That the applicant shall agree that the expanded use will not increase the need for on -street parking along West Coast Highway, and that the applicant agrees to not contest the removal of parking for the restriping or widening of West Coast Highway on the grounds of loss of on -street parking. -23- COMMISSIONERS vw'itd�ds0 CITY OF NEWPORT BEACH MINUTES • [-�u ua � i77� ROLL CALL INDEX Findin . 1. That t circumstances under which the original application for Resub 'vision No. 932 was approved have not changed and that the nting of a two year extension is appropriate so as to allow t applicant• additional time to record the required parcel ma Conditions: 1. That in accordance with the pro ' ions of Section 19.16.010 of the Newport Beach pro Code, the original approval of Resubdivision No. 932 is e nded two years to the date of August 27, 1995. 2. That all conditions of approval of Resubdivisio o. 932,, as approved by the City Council on August 27, 19 shall be fulfilled. Use Permit No 3040 (Amended) (Public Hearing) Request to amend a previously approved use permit which permitted the establishment of a take-out Haagen-Dazs ice cream shop with incidental seating on property located in the Mariner's Mile Specific Plan Area. The previous approval also included the waiver of a portion of the required off-street parking spaces. The proposed amendment involves a request to change the operational characteristics of the restaurant so as to allow the facility to operate as a full service restaurant including table service and on - sale beer and wine. The proposal also includes a request to waive a portion of the required off-street parking spaces. LOCATION: A portion of Lot A, Tract No. 919, located at 2400 West Coast Highway, on the northerly side of West Coast Highway, easterly of Tustin Avenue, in Mariner's Mile. -3- item No.. UP3040A Approved M1NU'rES r1 L CITY OF NEWPORT BEACH ROLL CALL ugu , 1993 INDEX ZONE: SP-5 APPLICANT: John S. Jasper, Newport Beach OWNER: Susan S. Cuse, Newport Beach The public hearing was opened in connection with this item, and Mr. John Jasper, applicant, appeared before the Planning Commission, In response to a question posed by Mr. Jasper regarding Condition No. 3, Exhibit "A', Don Webb, City Engineer, explained that the condition requires the Site Plan be reviewed by the City Traffic Engineer. ' Commissioner Edwards and Chairman Merrill addressed their concerns regarding the availability of parking in the commercial center. Mr. Jasper explained that the majority of the businesses, in the complex are only open during daytime hours until 5:00 p.m. Ample parking is available during the daytime hours in the complex and the Mariner's Mile Municipal Parking Lot, and there is no parking problem during the evening hours. Commissioner Glover concurred that there is plentiful parking adjacent to the subject restaurant. Discussion ensued regarding the adjacent multi -tenant buildings that are adjacent to the subject establishment, and the fact that the Art Center has posted signs indicating parking is only available for customers of the Center and there may be some confusion since there is one sign that says Art Center and Haagen-Dazs. It was pointed out that it needs to be made clear that the applicant's customers are also Art Center customers and can park in all spaces on the site. In response to a question posed by Chairman Merrill, Mr. Jasper concurred with the findings and conditions in Exhibit "A". There being no others desiring to appear and be heard, the public hearing was closed at this time. -4- N COMMISSIONERS �,pf�.o° ,yr�°l cffi�O O� • • �y�of�t ��a Soso CITY OF NEWPORT BEACH MINUTES I AuLyust 5 1993 ROLL CALL INDEX Motion * Motion was made to approve Use Permit No. 3040 (Amended), subject to the findings and conditions in Exhibit "A", and to modify Condition No. 3, stating that the signs in the parking lot be changed to show that common parking is available for the entire complex, including patrons of the proposed restaurant. Painted signs could be posted if there is exclusive parking for specific tenants. Sub. Substitute motion was made to approve Use Permit No. 3040 Motion (Amended) subject to the findings and conditions in Exhibit "A". Robin Flory, Assistant City Attorney, addressed Commissioner Ridgeway's original motion. She suggested that signs could be posted at the restaurant indicating that parking is available throughout the complex. Following a discussion with respect to the City Traffic Engineer reviewing the signs relating to circulation and parking, Mr. Hewicker suggested that Condition No. 3 could be amended to i state that the City Traffic Engineer shall review the on -site I parking, signage, vehicular circulation and pedestrian circulation with the idea that the parking in the complex is for the use of all the tenants. In response to a question posed by Commissioner Glover, Mr. Webb explained that the City Traffic Engineer would require that the signage be changed to common parking, and if the management of the complex objects to the parking requirement then the City Traffic Engineer would review the request to determine if the parking is reasonable. Commissioner Glover expressed a concern that tenants should not be required to surrender previously assigned parking spaces. Ayes * * * * * * Substitute motion, as amended, was voted on. SUBSTITUTE Absent * MOTION CARRIED. FINDINGS: 1. That the proposed development is consistent with the Land Use Element of the General Plan and the Local Coastal -5- IS COMMISSIONERS • �lrAo cc!\\o\ s CITY OF NEWPORT BEACH MINUTES u ROLL CALL INDEX Program, Land Use Plan, and is compatible with the surrounding land uses. 2. 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. 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. 4. That the project will not have any significant environmental impact. 5. That adequate parking is available on -site and in the nearby Mariner's Mile Municipal Parking Lot to accommodate the proposed facility and the other uses existing on the subject property. 6. That the waiver of the development standards as they pertain to a portion of the required parking spaces (12 spaces), traffic circulation, landscaping, parking lot illumination, utilities and walls surrounding the restaurant site will not be detrimental to adjoining properties given the developed characteristics of the existing facility. 7. That the approval of this application 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. CONDITTONS: 1. That the proposed development shall be in substantial conformance with -the approved plot plan and floor plan, except as noted in the following conditions. -6- COMMISSIONERS • • 14 .1 pf pfTfO O O ! < c A lG�s oO�D �+p ff fGlr� �O �Oy�O CITY OF NEWPORT BEACH MINUTES ROLL CALL INDEX 2. That the outdoor dining area shall be limited to a maximum "net public area" of 260± square feet and the interior dining area be limited to a maximum "net public. area" of 330± square feet with the total "net public area" not to exceed a maximum of 590 sq.ft.. 3. That the on -site parking, signage, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. Signage review shall include a clarification to be certain that the applicant's customers know they can use all the parking spaces in the Center. 4. That all trash shall be stored in the building or screened from West Coast Highway and adjoining properties until scheduled trash pick-up occurs. 5. That the development standards pertaining to a portion of the required parking spaces (12 spaces), traffic circulation, landscaping, parking lot illumination, utilities and walls surrounding the restaurant site are waived. 6. That all employees shall park on -site at all times. 7. That the applicant provide the City with written acknowledgement that he understands that the provisions of the Mariner's Mile Specific Plan in Section 20.62.050 C (1) of the Municipal Code provides as follows: "A 12 foot wide setback along the northerly side of West Coast Highway shall be maintained for potential future highway widening to an ultimate width of 112 feet" and that the applicant's proposed patio area and a small portion of the building lies within the setback area for the future widening of West Coast Highway, and that the applicant or their assigns will not object to the widening of West Coast Highway based on the loss of the patio and building area. 8. That a building permit and/or Certificate of Occupancy shall be obtained for the proposed changes to the existing -7- COMMISSIONERS • MINUTES CITY OF NEWPORT BEACH ROLL CALL INDEX tenant space as required by the Uniform Building Code and the Building Department. 9. That all signs shall conform to the provisions of Chapters 20.06 of the Municipal Code. No signs on the sidewalk or A -frame signs shall be permitted. 10. That kitchen exhaust fans shall be designed to control odor and smoke to the satisfaction of the Building Department. 11. 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. 12. 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. 13. That the sidewalk in front of the facility shall be kept clean and regularly maintained. Said walkway shall be swept, vacuumed, or washed in such a manner that any debris or waste -water does not enter the storm drain system or the Bay. 14, That Coastal Commission approval shall be obtained prior to issuance of building permits for the tenant improvements or implementation of the proposed conversion associated with this approval. 15. That live entertainment or dancing shall not be permitted in conjunction with this restaurant unles&an amendment to this use permit is first approved by the Planning Commission. 16. That Use Permit No. 3040 shall become null and void. -8- la i COMMISSIONERS • . '00M\Peo' �osoCITY OF NEWPORT BEACH MINUTES Anmict 5. 1993 INDEX CALL ROLL 17. That the Planning Commission may add or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 18. That this use permit shall expire if not exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. e Permit No. 3506 Public Hearin Item No. Reque to permit the establishment of a dance studio with UP3506 incidenta etail sales on property located in the C-N-H District. Approved i LOCATION: Lots 5 and 6 and a portion of Lot 7, Tract No. 4225, located at 1809 Westcliff Drive, on I t southwesterly side of Westcliff Drive, I be en Irvine Avenue and Dover Drive, in ' the W cliff area. ZONE: C-N-H APPLICANT: Cindy Ann Soto, ort Beach OWNER: Westcliff Center Associat Newport Beach The public hearing was opened in connection with t ' item, and Ms. Cindy Soto, applicant, appeared before the Planni 'tions Commission, and she concurred with the findings and con in Exhibit "A". -9- �q 3-16-1995 City of Newport Beach Planning Department 3300 Newport Blvd. Newport Beach, CA 92658-8915 subject; CUP Amendment for restaurant expansion, JACKshrimp, 2400 W. Coast Hwy. PURPOSE: To provide an elegant, relaxed waiting area that would allow JACKshrimp the ability to comfortably accommodateit's dining clientele while they Wait for a table. This is particularly consequential when the weather is uncooperative. PROFILE: JACKshrimp caters to an upscale casual dining clientele that enjoys quality food, good value,and great service in a relaxed yet upbeat atmosphere. The JACKshrimp concept is unique in Orange County and has become a nice destination in the city of Newport Beach. UNSOLICITED REVIEWS/AWARDS: In 199445, JACKshrimp Newport has been very fortunate in receiving several unsolicited accolades; Winner, 1994 Southern California Restaurant Writers Association Special Value Award, featured three different occasions in the Los Angeles Times, chosen one of the best 25 dishes in Orange County by Max Jacobsen of the LA Times(cover, OC LIVE, Jan. 5, 1995), featured in the 1995 ZAGAT dining guide, received glowing review by The Orange County Register Jan. 20, 1995, featured by Elmer Dills on televisions' Channel 7 news report, four times on the Elmer Dills Radio program, and three times in Elmer's news column, chosen by Orange County food critic Gretchen Kurz as "Best of the Best" in 1994, also featured several occasions by Maria Bird of the Daily Pilot. PARKING: Tne Newport Art Center, in which JACKshrimp is located, has proven to have an ideal tenant mix for parking. All of the other existing tenants are daytime operations allowing for the 40 on -site parking spaces to be used almost exclusively by JACKshrimp's patrons during the evening hours of operation. Additionally, the 108 available parking spaces in the ajacent Mariner's Mile parking lot are rarely utilized and free after 6 pm. SUMMARY: JACKshrimp is a clean, professionally run operation that has a wonderful clientele and promotes Newport Beach in a very positive manner. The recent publicity has given Newport's JACKshrimp a golden opportunity to establish itself as a true destination point. The upstairs guest accommodations are extremely important to the success of this endeavor, An endeavor that is not only designed to help a small restaurant business grow but also make it a much nicer establishment in the process. John S. Jasper, owner, JACKshrimp *.a EA STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Gowmor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. Box 1450 LONG BEACH; CA 90802.4416 (310) 590.5071 a svcD BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH AM JUN 2 2 1995 PV 7181911D 11411213141516 Q Date: 6-20-95 Permit No. 5-95-112 NOTICE OF ADMINISTRATIVE PERMIT EFFECTIVENESS Please be advised that the Administrative Permit with the above permit number which was sent to you on June 2. 1995 and was reported to the Commission on June 16. 1995 is now fully effective. Development of your project is subject to compliance with all terms and conditions specified in the Administrative Permit. Should you have any questions please contact our office. 132: 4/88 4661F JA/lm PETER M. DOUGLAS Executive Director By: If V Title: Staff Analyst STATE OF CALIFORNIA—THE RESOURCES AGENCY r r I (J• ,>XJ PETE WILSON, Gommor CALIFORNIA COASTAL COMMISSION l Page 1 of 5 SOUTH COAST AREA Permit Application No. 5-95-112 245 W. BROADWAY, STE. 380 'Date June- 1 . 1995 P.O. BOX 1450 LONG BEACH, CA 90802.4416 (310) 590.5071 ADMINISTRATIVE PERMIT APPLICANT: John S. Jasper (dba JACKShrimp) PROJECT DESCRIPTION: Expansion of an existing restaurant, including conversion of an upstairs beauty salon into 561 square feet of public service area, and conversion of 183 square feet of non—public service area of the existing restaurant to new public service area. PROJECT LOCATION: 2400 West Coast Highway, City of Newport Beach, County of Orange EXECUTIVE DIRECTOR'S DETERMINATION: The findings for this determination, and for any special conditions, appear on.subsequent pages. AIM: P.R.C. Section 30624 provides that this permit shalt not become effective until it is reported to the Commission at its next meeting. If one—third or more of the appointed membership of the Commission so request, the application will be removed from the administrative calendar and set for public hearing at a subsequent Commission meeting. Our office will notify you if such removal occurs. This permit will be reported to the Commission at the following time and place: Friday, June 16, 1995 at 9:00 a.m. Carmel Mission Inn 3665 Rio Road, Carmel (408) 624-1841 Y =�K ..ff,= - - II _L-__ M- �_. II 04RR'.l1111M Pursuant to 14 Cal. Admin. Code Sections 13150(b) and 13158, you must sign the enclosed duplicate copy acknowledging the permit's receipt and accepting its contents, including all conditions, and return it to our office. Following the Commission's meeting, and once we have received the signed acknowledgement and evidence of compliance with all special conditions, we will send you a Notice of Administrative Permit Effectiveness. PETER DOUGLAS Executive Director By: John T Auvong Title: Staff Analyst Administrative Coastal Development Permit 5-95-112 (Jasper) Page 2 of 5 STANDMD CONDITIONS: 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation, Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24—hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. EXECUTIVE DIRECTOR'S DETERMINATION (continued): The Executive Director hereby determines that the proposed development is a category of development which, pursuant to PRC Section 30624, qualifies for approval by the Executive Director through the issuance of an administrative permit. Subject to Standard and Special Conditions as attached, said development Is in conformity with the provisions of Chapter 3 of the Coastal Act of 1976, will not prejudice the ability of the local government to prepare a Local Coastal Program that is in conformity with the provisions of Chapter 3, and will not have any significant impacts on the environment within the meaning of the California Environmental Quality Act. FINDINGS FOR EXECUTIVE DIRECTOR'S DETERMINATION: A. Project Description The applicant is proposing to expand, by 744 square feet, the public service area of an existing restaurant, which currently contains 624 square feet of public service area. The proposed 744 square foot expansion consists of the conversion of 183 square feet of existing non—public service area in the subject restaurant into additional public service area, and the conversion of an existing upstairs beauty salon into 561 square feet of additional public service area. Administrative Coastal Development Permit 5-95-112 (Jasper) Page 3 of 5 B. Public Access Section 30252 of the Coastal Act states, in part: The location and amount of new development should maintain and enhance public access to the coast by: (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation. The provision of adequate on -site parking for private development is necessary to maintain and enhance public access to the coastal zone. The proposed development would be located in a mixed use shopping complex containing 40 on -site parking spaces. In approving De Minimis Waiver 5-93-287 for the conversion of a previously existing ice cream shop to the subject restaurant, the Executive Director determined that there would be no change in public service area (area where the public can dine or wait to dine) and thus no change in the parking demand. The proposed development, however, would result in an increase in public service area by 744 square feet, thereby hypothetically increasing parking demand. The Commission has standards to calculate parking demand which it has consistently used. The Executive Director has used these standards to calculate the parking demand of proposed development. For shopping centers, where a shopping center has a well balanced mixture of uses with no imbalance of high intensity uses, the standard suggests five parking spaces for each 1,000 square feet of gross floor area of the center would be adequate to satisfy the shopping center parking demand. The proposed development would be located in a complex which meets this criteria. The existing complex contains approximately 12,500 square feet of gross floor area, resul-ting in a hypothetical parking demand of 63 parking spaces. This exceeds the 40 on -site parking spaces provided, resulting in a hypothetical parking deficiency of 23 parking spaces. However, the proposed development would not result in an increase in gross floor area of the center. Therefore, according to this standard, parking demand would not increase and there would be no intensification of use of the site. In addition, the proposed development would result in a deintensification of use of the site according to different parking standards. For beauty salons, the standard suggests that a beauty salon requires 3 parking spaces for the first 2 beauty chairs and 1.5 parking spaces for every additional chair. Thus, the parking demand for the 12 chairs of the existing beauty parlor is 18 spaces. The standard for a restaurant suggests that one parking space shall be provided for every 50 square feet of public service area. Based on this,standard, the 624 square feet of existing public service area of the existing restaurant requires 12 parking spaces. Thus, the total parking demand for the existing subject uses, consisting of the existing beauty salon and existing •restaurant, is 30 spaces. The conversion of the beauty salon would result in 561 square feet of new public service area being created, which would require 11 parking spaces. Also, 183 square feet of existing non-public service area of the subject restaurant is proposed to be converted to public service area, which requires 4 parking spaces. Administrative Coastal Development Permit 5-95-112 (Jasper) Page 4 of 5 Add in the 12 parking spaces as required for the restaurant as it currently exists, and the new total parking demand for all components of the proposed restaurant is 27 parking spaces. Thus, the proposed development would result in a 3 space reduction in parking demand. Further, because the proposed development would be located in a shopping complex, opportunities exist for shared parking. The proposed development would be the only restaurant in the subject complex. The other uses primarily operate only during the day on weekdays. The proposed development would operate from 11:00 a.m. to 2:00 p.m. on Friday afternoons, after 5:30 p.m. Monday through Saturday evenings, and after 3:30 p,m. on Sundays. Thus, at most times, the proposed development would be open when many of the other tenants using the on —site parking spaces are closed. The hypothetical parking deficiency would only occur if all tenants in the shopping complex operated at the same time. Since this would not be the case for the proposed development, it can be assumed that the true parking deficiency would be less than the hypothetical example. Finally, the subject site is located in Mariner's Mile. White Mariner's Mile contains a few popular destination restaurants and marine support services, it is not the primary visitor —serving area of the City of Newport Beach. It is not located in close proximity to the beaches, municipal piers, the Balboa Fun Zone, and other popular attractions of the Balboa Peninsula. However, future changes in public service area of the subject restaurant, or changes in hours of operation of the proposed restaurant, would result in possible changes in the intensity of use. Therefore, the Executive Director determines that it is necessary to place a condition informing the current permittee and future owners of the subject site that a new coastal development permit, or an amendment to this permit, would be required for any future development at the subject site, including a change in the intensity of use of the site such as, but not limited to, changes in hours of operation or amount of public service area of the subject restaurant. This is necessary to evaluate the future development for consistency with the Chapter Three policies of the Coastal Act. Thus, as conditioned, the Executive Director determines that the proposed development is consistent with Section 30252 of the Coastal Act. C. Section 30604(a) of the Coastal Act requires that approval of a coastal development permit shall not prejudice the ability of a local government to prepare a local coastal program consistent with the Chapter Three policies of the Coastal Act. The proposed development is consistent with the City's Certified Land Use Plan regarding Mariner's Mile, in which the subject site is located. The proposed development has been conditioned for a new permit or permit amendment to evaluate the consistency of future development with the Chapter 3 policies of the Coastal Act. Therefore, the Executive Director determines that, as conditioned, the proposed development would not prejudice the ability of the City of Newport Beach to prepare a -certified local coastal program consistent with the Chapter 3 policies of the Coastal Act, as required by Section 30604(a) of the Coastal Act. Administrative Coastal Development Permit 5-95-112 (Jasper) Page 5 of 5 Section 13096 of the California Code of Regulations requires approval of a coastal development permit application to be supported by a finding showing the application to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i)of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. Development already exists on the subject site. The proposed development would not result in an intensification of use of the site. The proposed development has been conditioned for a future permit or permit amendment to evaluate the consistency of future development with the policies of Chapter Three of the Coastal Act. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Therefore, the Executive Director determines that the proposed project, as conditioned, can be found consistent with the requirements of the Coastal Act to conform to CEQA. fiT.MM i Milk This administrative coastal development permit 5-95-112 is only,for the development, located at 2400 West Coast Highway in the City of Newport Beach, as expressly described and conditioned herein. Any future improvements or development as defined in Section 30106 of the Coastal Act, including but not limited to changes in the hours of operation or the amount of public service area of the subject restaurant, shall require an amendment to this permit or a new coastal development permit from the Coastal Commission or its successor agency. FAM X I/We acknowledge that I/we have received a copy of this permit and have accepted its contents including all conditions. Applicant's Signature 4438F:jta Date of Signing �'.� ..i.:t:l�S.'...'+li. a ....-. �•�WaT(^� r . i •.f•`•.• F'� M 'r� j •' � �EY y dd•t."1ws• ;jfYj'i+/ :-`•�. ; � I iP �""�y,`��br°yn. rf ��p� y �� '' • '�d}%f•�; �yycyFi�jleyy5ei•IEySE6itl�py ' \ `Jl I eR�„� `I�•wn.• " •`�/ / ,n b +, ' :f 7i1lI ��43ia}'4�f1�1d�F4��3 I :'-,'1 � � I Y�, e'.•r ��i Yb�,Hryr 1 7y�` Is fd . { i tf C'f OCILngwPM ' . i, ` �` cY V_/ Y ➢1 G,•r x s a ` _ .'r ry,r Y cr r y%F i`t�f b. Fid C P . _ p! Q `•t',= i?I �•r + i \u ♦ Y 1 f! ,q, �'il•AY ..;',c p ..x ,�' .'' . a .v t%� (/ �� I ,, w'' �'41 i •., I fq ' . t+, ti: ° `L "Y�'•+ a� q` � �, ��f �' S �� t, +,; ••' � 3 �hr,y+ t'rti4 I I M�� , �„N� ,• i +:• wRro< f � S 7' 4'�� 4 .r d t � 1,��;'�, y n s�jvS,n'.`•A�'x d ' t tn• �r�,_4b+ I „Xf� n. I + •.ro 7 i JV y4.^' O F ii •'� `! ,i3''<t �Y , `�rynta�r�y:e � I .., C b .vrn 4a, �.y'+� • ( � � r']°' Mr w, R7i `� + na N;7Zt owe N �grvfl�9` I \i`` - %%!• i�>n w ♦ ! °'fr'L+�<•I � `o'� 6< > "� a�°'hrh f• °�`r- •�Dii iPl `! I ,�a �V•E r� tt f+ ♦ ` +.S'. F °t=a: ° +✓�O •y, �y ��rv4 y,, a �:�F:I 3 �� ft`'\ � •qm ^.fl � �'i,'j �F f a as as"' Q4�a . y� � b ,e`' Fpp �`7:p�l {f�• 6'i�,i, ' e np xn a ���� 4 i y' b a et j� ' ' `' A. !ip ., `K• ,4 .,lr;�� !� l7 J • d] d�vrN < ro A < +� +a Y Q a !i a .t '! / +S i a•i .� S n , j o xidrxu : ♦ w v i." ,G I 0,,1•a +i .' L� „r :N)• f'q•.; -T JC �� 4'h �pgn � v. � R S G a I G ±,'D A �y .+!`tiY f`« .>yw �� Qq ��i ��•, ••'�+;!"N A mi e N I _ _ ,*7�'" ` �` +"ryr�� e I (, C.)� DKi9 BUVN t 3 .rp` , 3� '+ •• "'F — CO) . fl nwxE Rr 'Y6yo ! yr• . q• < r �/, Nw � � x � G 13wraG . �!' y' � ;✓ ; �.. u "�•;'+ ' x 's s 7 f w ` •' .w � � � I G G G d 1d v v a `� � Y �4h > R � I , '� �J°�° �¢ ,tw, „k y~•1• Y YSVII � Ntl 1. $l7]q I• �4 � N 8 � ��i • � r+j .��=' i,7N •r FudiuWtr r]# � � l]n _ —� �itG yI.,� L 1 '�* hx7 G , EXHIBIT A `N;,r';3 11 7 W aI Vd= Application Number 5-95-112 x•xcen Vicinity Map El ;,,`3 ,•,, Page 1 of 1 Alf[ii9 S, t rr I d e .EiJu ,f dN California Coastal Commission 6 „ �f7i' pii J 44 I%195 M oc �7Y'!" 9 38F' 1HDIN' p dYW 335 C �jp1• G�1, "1 rRt. ■ .. .II•Rm r r. ,00ell CYMNIMIf 1 imm.5H O rr� a rrw wall �vr�r■ rrrwr r�r 2400 W. Coast HWWIGy Newport Beach. CA 92663 (714) "0-"77 C yR w.�rrrt Yr YY� rrr�rr -SI�R.AGri3' erneaa6Nc NAl • e�eo BTOP.AG6 i28'6T izl'�• ST19RAo6 } ' AL MAIN ENT►I►IC�' 100 11 c - - '� Z. PATRo� 0 El 0 p1AY Biggs CAUFM41A COASTAL COMM1551C'_? °SOUTH COAT D1SIR1• PROPOst=v iST FLOOQ- Pf- W 2AOO W COAST MWY.. NEVJPo Qr OGH- TA(3V�ac�oN C! R�2EA • 1h1S1Drc PATRON 5A7 tt, • PAT to 24,0 W . 3ToRAGE 47010 TOTAL 1 2.7 710 PRbPoSEfl L S T F-L002 -PLAN /ELHVAT' la" 2400 W coA�T a♦vJy jACK,j1 1-Nr1r NeL�Poe�f g ►chA0 G26ro3 SCALE: 1/ A= I APPROVED BY: DRAWN BY T. G DATE: 3 (4 �rS REVISED TkOtA GALA- � WAA gfj AAA *WOL46. bT`0*%M• DRAWING HSUMBER cs'Po. "%mA cm► 4iLbL.'7 D�2 QR0PoS60 ZWQ FLOOR QLAt4 24C0 W.CA0A4T` "WV. 141iW909c a4H. TABULATIQN : 0 AREA PUBUG OCGV?ANCY 65543 •STORAGE lsEewic,r 24541 TOTAL �OD� DL r � LIv9T�• I wxss nIIltlmorBa.000wnxAllrr+r. e I, L.- c T EXISTING HANDICAP 34"GRAB • nM i e A f ff n ff 4011 O - a i i D istrLCt OY�':3 goutkz Coast 110. E..: 6 1 DO,. CITY Of NEWPORT BEACH Z� 1' PPROVAL IN CONCEIT 140. rhis project conforms to af} zpp!icabie planning regulations, " void prlinies rn eticci ca M..:.',cce 1 eeso vlans are re- t^, c. ;:- ':w csnstrvction purposes. NO wilding oerm.: h ca r GSl approval is received from ' the Cal:forn!3 r-c•iltai' v-vm>sien PL,ANN443 VEPAq-,?.VfT JAkiES O FIEV''.:,EA, Director .1ACkCshrlm2400 W . COAST H W `! P NEWPoa.T 39'aC4 cw 126(65 ` SCALE: APPROVED BY:: - - DRAWN BY T. G DATE: 3— 1;'p .-IS. REVISED a qq M��A(,rA S-T�ir _ DRAWING NUMBER r IS'