HomeMy WebLinkAbout3.0_Rose Bakery Cafe Use Permit Review_PA2010-103CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 19, 2012 Meeting
Agenda Item 3
SUBJECT: Rose Bakery Cafe Use Permit Review
Amendment No. 1 to UP2009 -035 - (PA2010 -103)
SITE 3536 East Coast Highway
LOCATION:
APPLICANT: Rose Bakery Cafe
PLANNER: Fern Nueno, Assistant Planner
(949) 644 -3227, fnueno @newportbeachca.gov
PROJECT SUMMARY
One year review of Amendment No. 1 to UP 2009 -035 as required by condition of
approval no. 5. The purpose of the review is to determine compliance with the
conditions of approval and effectiveness of the Parking Management Plan.
RECOMMENDED ACTION
1) Receive public comments; and
2) Receive and file.
Protect Setting
The subject restaurant is located at the northwest corner of East Coast Highway and
Orchid Avenue. The lot is developed with a multi- tenant, retail building that includes a
nail salon, take -out pizza restaurant, and dry cleaners, and a surface parking lot with
thirteen (13) parking spaces. The off -site lot is located to the rear of the property on the
other side of the alley at 409 Orchid Avenue.
Rose Bakery Cafe Use Permit Review (PA2010 -103)
July 19, 2012
Page 2
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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
Commercial Corridor CC
Commercial Corridor CC
Retail
NORTH
Two -Unit Residential (-R-T—)
Two -Unit Residential RT
Parking lot and residential
SOUTH
Commercial Corridor CC
Commercial Corridor CC
Retail
EAST
Commercial Corridor CC
Commercial Corridor CC
Retail and Post Office
WEST
Commercial Corridor CC
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Retail
Rose Bakery Cafe Use Permit Review (PA2010 -103)
July 19, 2012
Page 3
Project Description and Background
On December 9, 2010, the Planning Commission adopted Resolution No. 1829
(Attachment No. PC 1, Meeting Minutes are Attachment No. PC 2), approving an
amendment to Use Permit No. UP2009 -035 for a parking management plan
(Attachment No. PC 3) to waive the fifteen (15) parking spaces required for the addition
of the outdoor dining area. In order to mitigate the potential effects of the parking
waiver, the applicant utilizes twenty -nine (29) parking spaces that are located at 409
Orchid Avenue until 5 p.m., daily. This parking lot is leased by the Landmark
Steakhouse Restaurant, which is only open for dinner. The approval also included an
increase in the hours of operation from 5:00 a.m. — 7:00 p.m. to 5:00 a.m. — 8:00 p.m.
The condition requiring the one year review was included to allow the Planning
Commission to assess parking and operation after the outdoor dining addition.
DISCUSSION
Operation and Parking
Staff believes the establishment operates in conformance with the conditions of
approval and the parking management plan. Staff has observed that the restaurant is
busy, especially during the morning and around lunchtime. Observations indicate some
customers walk and bicycle to the establishment, which helps reduce parking demand.
The establishment's hours of operation are currently from 5:00 a.m. to 7:00 p.m. The
500 square foot, 37 seat outdoor dining area was constructed per the Use Permit
approval and was completed in February 2012. Pursuant to Condition No. 6,
appropriate barriers were installed separating the outdoor dining area from the adjacent
parking lot and public rights -of -way. Additionally, an interior remodel of the customer
and display /cashier area was approved and constructed within the last six (6) months.
The remodel decreased the net public area to approximately 223 square feet.
Pursuant to Condition No. 8, the parking lot was restriped to increase the number of
parking spaces from 12 to 13. Pursuant to Condition No. 4, the Parking Management
Program has been in effect. The off -site parking lot with 29 spaces is still available and
being utilized. A sign located at the subject site directs patrons to park in the off -site
parking lot across the alley. The operator has indicated that more permanent and
prominent signage has been ordered and will be posted soon.
Applicant's Statement
The applicant submitted a statement (Attachment No. PC 4) asserting that the
restaurant has been an asset to the community and that the parking arrangement
functions satisfactorily.
Rose Bakery Cafe Use Permit Review (PA2010 -103)
July 19, 2012
Page 4
Code Enforcement
The Code Enforcement Division reported (Attachment No. PC 5) that three complaints
were received regarding the trash area located in the rear of the building since the
approval of the Use Permit amendment. One complaint was also for graffiti. Because
the trash area is shared with other tenants, the property management company has
also been contacted to resolve these issues. Code Enforcement worked with applicant
and with the property management company to correct the refuse violations. The graffiti
complaint was directed towards the Municipal Operations Department and the issue
was resolved. No further violations have been observed by or reported to Code
Enforcement.
Conclusion
Staff believes the applicant has complied with all required conditions of approval and
the operation, as approved, has not proven to be detrimental to the surrounding
neighborhood. Therefore, no changes to the conditions of approval or subsequent
reviews are recommended.
Alternatives
Should the Planning Commission choose to make changes to the Use Permit, staff can
draft a resolution for review at a future meeting.
Environmental Review
This Use Permit review is exempt from environmental review pursuant to Section 15321
(Class 21 - Enforcement Actions by Regulatory Agencies) of the Guidelines for
Implementation of the California Environmental Quality Act. This section exempts
actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate,
or other entitlement for use issued, adopted, or prescribed by the regulatory agency or
enforcement of a law, general rule, standard, or objective, administered or adopted by
the regulatory agency.
Public Notice
Notice of this review was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by:
— /f/IV1117-
F rn eno
Assistant Planner
Rose Bakery Cafe Use Permit Review (PA2010 -103)
July 19, 2012
Page 5
Submitted by:
ATTACHMENTS
PC 1 Resolution No. 1829
PC 2 Planning Commission Meeting Minutes
PC 3 Parking Management Plan
PC 4 Applicant's Statement
PC 5 Code Enforcement Memo
PC 6 Site Plan
Deputy Director
Attachment No. PC 1
Resolution No. 1829
RESOLUTION NO. 1829
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 1
TO USE PERMIT NO. UP2009 -035 FOR A PARKING WAIVER
AND AN INCREASE IN THE HOURS OF OPERATION FOR
PROPERTY LOCATED AT 3536 EAST COAST HIGHWAY
(PA2010 -103)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Rose Bakery Cafe, with respect to property located at 3536
East Coast Highway, and legally described as Lots 4 and 5, Block U, Tract 0323,
requesting approval of a use permit for a parking waiver.
2. The applicant proposes a use permit amendment for a parking waiver of fifteen (15)
parking spaces that were required with the restaurant expansion approved with Use
Permit No. UP2009 -035. The applicant also proposes to increase the hours of operation
by one hour.
3. The subject property is located within the Commercial Corridor (CC) Zoning District and
the General Plan Land Use Element category is Corridor Commercial (CC).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on December 9, 2010, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. Class 1 includes the operation of existing facilities involving negligible or no expansion
of use. The application does not include any changes in use or physical changes to
the property. The parking does not negatively affect the traffic or circulation in the
area based on the number of pedestrian customers and the use of the off -site parking
lot.
Planning Commission Resolution No. 1829
Paqe 2 of 8
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of
the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
A -1. The existing restaurant is consistent with the CC (Corridor Commercial) land use
designation of the General Plan, which is intended to provide a range of
neighborhood - serving retail and service uses along street frontages that are located
and designed to foster pedestrian activity. The restaurant is consistent with this
designation. The existing restaurant is designed and oriented to serve residents and
visitors in the area and patrons do walk or bicycle to the restaurant.
A -2. The subject property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Findin
B -1. The existing restaurant is located in the Corridor Commercial (CC) Zoning District,
which is intended to provide for areas appropriate for a range of neighborhood - serving
retail and service uses along street frontages that are located and designed to foster
pedestrian activity. Restaurants are retail and service uses and are permitted within
this Zoning District subject to the approval of a use permit.
B -2. The parking waiver is necessary to satisfy the Zoning Code - required parking spaces
for the previously approved expanded use. The use permit approval is consistent with
Chapter 20.40 (Off- Street Parking) of the Zoning Code regarding the waiver of the
requirement for fifteen (15) parking spaces in conjunction with the Parking
Management Plan.
B -3. The proposed use complies with Section 20.48.090 (Eating and Drinking
Establishments) in regards to the operating standards. The Use Permit contains
conditions to maintain the requirements of Section 20.48.090, including conditions
regarding storage, outdoor dining, and queuing of patrons.
Planning Commission Resolution No. 1829
Page 3 of 8
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
C -1. The proposed project is located within a nonresidential zoning district, but residential
uses are located nearby on Orchid Avenue. The project is similar to and compatible
with other neighborhood - serving retail and service uses located on East Coast
Highway. The size of the building and subject suite is comparable to buildings in the
Corona del Mar area.
C -2. The operational characteristics are that of a bakery and restaurant, and the hours of
operation of the establishment are restricted and the use cannot operate as a bar or
nightclub. The restaurant serves residents, visitors, and employees in the area.
C -3. The subject site contains thirteen (13) parking spaces and the restaurant employees
and patrons will also utilize the adjacent parking lot containing twenty -nine (29) parking
spaces, thereby avoiding parking in the adjacent residential area. Corona del Mar
serves a larger number of pedestrians and bicyclists, which justifies a reduction in the
off - street parking requirement. The location of the outdoor patio expansion does not
hinder pedestrian movement along East Coast Highway.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g. fire and
medical) access and public services and utilities.
Facts in Support of Finding:
D -1. The lot is approximately 10,000 square feet in area, and is developed with a multi -
tenant building and surface parking lot containing 13 parking spaces. The existing
building and parking lot have functioned satisfactorily with the current configuration.
D -2. The site is located adjacent to a parking lot that is not utilized during the day and it is
available for patrons of the use.
D -3. The proposed project includes a use permit for a parking waiver to reduce the
requirement for fifteen (15) off - street parking spaces and will not negatively affect
emergency access. The lot is a corner lot and each suite has multiple doors for
ingress and egress. The subject lot is surrounded on three sides by public streets and
a public alley.
D -4. The Public Works Department has reviewed and does not have any objection to this
application. When Use Permit No. 2009 -035 was originally reviewed, the Utilities,
Planning Commission Resolution No. 1829
Paae 4 of 8
Building, and Fire Departments reviewed the application and also had no objections to
the project. The project is required to obtain all applicable permits from the City Building
and Fire Departments and must comply with the most recent, City- adopted version of the
California Building Code.
D -5. The on -site parking lot is deficient parking spaces based on the size of the existing
building and use of the tenant suites. However, the existing condition has not been
detrimental to the community and adequate parking has been available for the uses in
the area.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
E -1. No dancing, live entertainment, or pool tables are allowed on the premises. The
employees and patrons of the restaurant have access to the off -site parking lot located
on the other side of the alley until 5:00 p.m., daily. The parking survey demonstrated
that the on -site parking lot is seldom at capacity. The Walker Parking Consultants
Parking Study that analyzed the parking situation in Corona del Mar demonstrates that
this area has an adequate supply of off - street parking for the current land uses.
E -2. The hours of operation of the facility of 5:00 a.m. to 8:00 p.m., daily, will limit any late -
night noise impacts on the neighboring residential uses.
E -3. The conditions imposed on the use will reduce possible detriment to the community by
ensuring continued consistency with the intent and purpose of the Municipal Code.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Amendment
No. 1 to Use Permit No. UP2009 -035, subject to the conditions set forth in Exhibit A,
which is attached hereto and incorporated by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
3. This resolution supersedes Planning Director's Use Permit No. 29, which upon vesting of
the rights authorized by this approval, shall become null and void.
Planning Commission Resolution No. 1829
Page 5 of 8
PASSED, APPROVED AND ADOPTED THIS 91h DAY OF DECEMBER, 2010.
AYES: Eaton, Unsworth, McDaniel, Ameri, Toerge, and Hillgren
NOES: Hawkins
ABSTAIN: None
ABSENT: None
BY:' .
Earl McDaniel, Chairman
BY:
Mic age, Secretary
Planning Commission Resolution No. 1829
Paae 6 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. The conditions of approval from this Resolution herein replace and supersede the
previous conditions of approval from Planning Commission Resolution No. 1802, dated
January 12, 2010, upon implementation of this amendment.
3. All applicable conditions of approval of Accessory Outdoor Dining Permit No. 60 shall
apply and remain in force. Planning Director's Use Permit No. 29 is null and void.
4. This use permit is subject to the approved Parking Management Program, which can be
modified by the Planning Director or Planning Commission.
5. The Use Permit shall be reviewed by the Planning Commission one year after the
conclusion of the appeal period.
6. Appropriate barriers shall be placed between outdoor dining areas and parking,
pedestrian, and vehicular circulation areas. Barriers shall serve only to define the
areas and shall not constitute a permanent all- weather enclosure.
7. The queuing of patrons shall be managed to allow pedestrian passage on the sidewalk.
8. The parking lot shall be restriped according to the approved plans from this Use Permit
dated July 16, 2010.
9. Deliveries, refuse collection, and grease trap clean out for the facility shall be
prohibited between the hours of 10:00 p.m. and 7:00 a.m., unless otherwise approved
by the Planning Director, and may require an amendment to this Use Permit.
10. The site shall not be excessively illuminated based on the luminance
recommendations of the Illuminating Engineering Society of North America, or, if in the
opinion of the Planning Director, the illumination creates an unacceptable negative
impact on surrounding land uses or environmental resources. The Planning Director
may order the dimming of light sources or other remediation upon finding that the site
is excessively illuminated.
11. No outside paging system shall be utilized in conjunction with this establishment.
12. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
Planning Commission Resolution No. 1829
Pace 7 of 8
13. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
14. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Department. Cleaning and maintenance of trash dumpsters shall be done in
compliance with the provisions of Title 14, including all future amendments (including
Water Quality related requirements).
15. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
16. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
17. A Special Event Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
18. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
19. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
20. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
21. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
Between the hours of 7:OOAM
and 10:00PM
Between the hours of 10:00PM
and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located
within 100 feet of a commercial
property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
17. A Special Event Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
18. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
19. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
20. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
21. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
Planning Commission Resolution No. 1829
Page 8 of 8
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
22. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
23. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The construction plans must meet all applicable
State Disabilities Access requirements. The construction plans must meet all
requirements for the restroom facilities.
24. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
25. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of Rose Bakery Cafe Parking Management Plan including,
but not limited to, Amendment No. 1 to Use Permit No. UP2009 -035 and the
determination that the project is exempt under the requirements of the California
Environmental Quality Act. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
27. Amendment No. 1 to Use Permit No. UP2009 -035 shall expire unless exercised within 24
months from the date of approval as specified in Section 20.54.060 of the Newport
Beach Municipal Code, unless an extension is otherwise granted.
Tmpll: 04/14/10
Attachment No. PC 2
Planning Commission Meeting Minutes
NEWPORT BEACH PLANNING COMMISSION MINUTES 12/09/2010
plicant Rob Lucio, Real Estate Manager of Chipotle Mexican Grill, responded to
th ommission's questions.
Chairp son McDaniel continued this item and called a recess to allow the applicants
to consid their options.
SUBJECT: McL n Newport Beach — (PA2010 -165)
ITEM NO. 4
2540 -2 2 West Coast Highway
PA2010 -165
A conditional use permi o allow an automobile dealership (Vehicle Sale in an
Approved
existing commercial building. The proposed use would be limited to sales vehicles
only, with the inventory, storag maintenance, and repair of vehicles c ducted off -
site.
Patrick Alford, Planning Manager, add sed questions regardin he project.
The Commission asked questions concerm the following:
• Street closure for transport of vehicles to a fro a showroom.
• Hours of operation.
• Beer and wine availability.
• Interior remodel and exterior improveme s.
• Signage on the building.
• Newly adopted Zoning Code appl' able.
The Applicant, David McCullagh, r ponded to the Commission's qu tions.
Public comment period was o ned.
No public comments.
Public comment per' d was closed.
Motion made Commissioner Hawkins and seconded by Commissioner Ameri to
move for ap oval, including the addition of Condition 17A in the Exhibit "A" of the
Resolutio , requiring the point of sales for McLaren to be Newport Beach.
Moti carried with the following vote:
A s:
Unsworth, Hawkins, McDaniel, Ameri, Toerge, Eaton, and Hillgren
oes:
None
x � x
SUBJECT: Rase Bakery Cafe Management Plan — (PA2010 -103)
ITEM NO. 5
3536 East Coast Highway
PA2010 -103
An amendment to Use Permit No. UP2009 -035 to waive 15 parking spaces required
Approved
by the previously approved expansion of the restaurant. The applicant also requests
a change in the hours of operation from 5:00 a.m. — 7 :00 p.m. to 5:00 a.m. — 8 :00
p.m.
Fern Nueno, Assistant Planner, gave a brief overview of the staff report.
The Commission asked questions concerning the following:
• Change to title and recordation regarding the Off -Site Parking Agreement.
• Day -time parking consent from Landmark Steakhouse Restaurant.
• Hours of operation.
Page 4 of 8
NEWPORT BEACH PLANNING COMMISSION MINUTES 12/09/2010
Ms. Nueno presented the staff report. Dennis O'Neil, who represented the Owners
of Rose Bakery Cafe, responded to the questions from the Commission.
Public comment period was opened.
Comments were given by the following residents from the surrounding neighborhood:
Eveline Dennis — 345 University Drive, Costa Mesa
Steven Fischer — 510 Poinsettia Avenue, Corona Del Mar
Richard Nichols — 519 Iris, Corona Del Mar
Paul Deem — 1305 Circle Way
Ernest G. Johanson — 34 Tinior Sea, Newport Beach
Steve Berede — 376 Magnolia Drive
• Friendly environment.
• High caliber of service from staff.
• Parking lot issue at the bank on 3600 Coast Highway.
• No problems with parking.
• Parking lot studies.
• Allegation that the Applicants had been discriminated against.
Commissioner Hawkins, in response to the allegation by Dr. Nichols, stated that
these were serious allegations and asked that the staff respond. City Attorney,
Leonie Mulvihill, disagreed there had been any discrimination in the handling of the
Application. Acting Planning Director, James Campbell, stated that there was no
discrimination; however, there was a Code Enforcement issue and the process was
followed correctly. Mr. O'Neil represented that, on behalf of his clients, there had not
been any discrimination.
Public comment period was closed.
Motion made by Commissioner Toerge and seconded by Commissioner Hillgren to
adopt a resolution approving Amendment No. 1 to Use Permit No. UP2009 -035
subject to the conditions attached in the Draft Resolution Commissioner Hawkins
stated that he could not support this substantial parking wavier for several reasons:
First, the parking arrangement is not substantial; it is simply a revocable license.
Second, without an in lieu parking ordinance, waiving this parking requirement will
exacerbate the current parking shortage; the City needs to adopt an in lieu parking
ordinance to fund additional parking, rather than waiving it.
Motion carried with the following vote:
Ayes:
Unsworth, McDaniel, Ameri Toerge, Eaton, and Hillgren
Noes:
Hawkins
JECT: Chipotle Mexican Grill — (PA2010 -096)
ITEM
01 Newport Boulevard
010 -096
A use permit and access door dining permit to allow a take -outt eating
Tabled
and drinking establishment with a 1 (On Sale Beer e, Eating Place)
.a
Alcoholic Beverage Control (ABC) license a oor patio. The project is
located in the Landing Shopping Center f y Alberts '
Motion made by Commis ' nsworth and seconded by Commissione a to
further table Ite . so that a motion for reconsideration can be made on Item o.
2.
--
Page 5 of 8
Attachment No. PC 3
Parking Management Plan
Parking Management Plan (PA2010 -103)
3536 East Coast Highway
Rose Bakery Cafe
December 9, 2010
The following Parking Management Plan is provided pursuant to Section 20.40.110
(Adjustments to Off - Street Parking Requirements) of the Zoning Code. The Parking
Management Plan will employ the following management mechanisms to mitigate
impacts associated with a waiver of fifteen (15) off - street parking spaces as required by
Chapter 20.40 of the Zoning Code:
Off -Site Parking
• 29 off -site parking spaces shall be provided at 409 Orchid Avenue.
• The property owner or lessee of 409 Orchid Avenue may terminate this
arrangement at any time.
• The establishment's use of these spaces shall no longer be valid if the lessee at
3520 East Coast Highway expands their operation hours to open prior to 5:00
p. M.
• Should the off -site parking spaces become no longer available for use by the
subject restaurant, the Planning Director or Planning Commission may request a
review of Use Permit No. UP2009 -035.
• Employees who drive to work shall park at 409 Orchid Avenue until 5:00 p.m.
• The owner or operator shall immediately notify the Planning Director of any change
of ownership or use of the property at 409 Orchid Avenue, or of any change in the
agreement between the parties.
• Upon notification that the off -site parking spaces are no longer available, the
Planning Director shall establish a reasonable time in which one of the following
shall occur:
■ Substitute parking is provided that is acceptable to the Planning Director; or
■ The size or capacity of the use subject to this use permit is reduced in
proportion to the parking spaces lost.
Attachment No. PC 4
Applicant's Statement
Dear commissioners,
Its has been over a year since you have kindly approve([ our plan. There has since been some changes
and development Ilia[ I would like to share wilt you.
Firstly, we have completed our renovation including the exterior patio. In the interior, we completely
change file ceiling and the flooring throughout the shop with new panels and new slip resistant tiles. la
addition, we added more lighting to [he food preparation area and the corridor area to (he restroom for
safety and sanitary reason. III the main food cooking area, we added a new wall With a push thru window
to double our efficiency. And, in the front customer area, we completely redesign the layout with new self
serve coffee station, black granite counter, new curve glass Showcase, new dark wood cabinetry, and a new
f .E.D. led curve design ceiling with the Venetian plaster throughout to tic everything together. The new
look allow our cafe to blend in better with file community of Newporl Beach.
Secondly, we have hired eight more employee in addition to the twelve that we currently have on Starr.
Some of these kids has been looking for a job for a while without success Because of (heir young age. This
their first job or second, allows Ilnem to acquire it working skills and good working habits that will help
them in their next life endeavors. It has been enlightened and rewarding working with them. Some you
would have been proud if you see how will they do. Ancl other were introduce to us chirectly by their
parents because they see that our establishment would provide a positive learning experience for their child.
And a few of (hose parents even go as far as willing to subsidize their pay if 1 was willing to hire, and of
course, I hired bill without the subsidy.
And thirdly, this little Whole in fire wall, commissioner, had have it positive affects on so many lives
not just those that work here, but also, all of our local customers, and visitors from abroad. We have head
many story of how the locals has met others that knows and likes Rose Cafe and spoke about its while they
were away on vacation in the other stales. We have vacationers from all over the world such as Germany,
China, England, Saudi Arabia, Ireland, etc., that stay at the Newport Marriott that has told nnc that they
made a point to stop by our establishment because they love our food. And, a few of than have even
expressed to nne that they want Rose Bakery Cale to expand into a franchise, and they would help finance
the project because they and their family loves our concept. I call go on and telling you more stories and
things that happen since you supported our expansion, but I was hoping this would be enough to give you a
glimpse of what has developed at the caf6 since we have our out door eating area.
Commissioners, as you can understand, the patio is essential to the core success of our business. I can
remember, it wasn't that long ago when we slave away for years with a few staff, lily wife and I was
making less per hour (ran our staff. Without the outdoor sealing, this beautiful cafe that we work so hard
to establish would act survive with only f our interior tables with these clays rent that we are paying. I
Would only hope, commissioner, that you can see this establishment as our only asset and as one of the
city's many. There has been issue with the linking in the past duc to the way things has been arrange oil
paper, and.[ foresee that (here might be issue in the fume. However, I can't slop working lily dbean base
on \vital could happen. When I chose to renovate and spend the Fortune of our future, I knowing know (]tat
all could be for nothing. For better or worst I know ilia[ it is my choice and only mine alone. I just hope
that when the lime conics all of you would do what you can in all fairness. Moreover, we have been
running the cafe for 14 years now„ we have seen (he restaurant close clown the 30 parking :space in the back
for their party on Saturday, we have seen the sit-eel closure (]tat affect all parking to the center, and we have
been through many summer weekends when (he parking lots are at its greatest demand, and yet, never die[
these event ever inlet leres with our normal customer counts, nor did it affect any business in the center.
And if we were to block the surrounding resident from parking on the lots, we would instantly see at the
least 15 spaces open lip right away. And of course this is no( what I condone, I' nn just saying that there
really are enough parking spaces in the area for all that needs it. In conclusion, commissioners, oa the
behalf of all (hat work and patronage at Roses, I just Want to (hank you for all your support, and hope that
all oFyou can visit uS someday and see whal its about.
Sincerely,
Shawn Lim
Attachment No. PC 5
Code Enforcement Memo
July 11, 2012
MEMORANDUM
TO: Fern Nueno. Assistant Planner
r
FROM: Brian Contino, Code Enforcement Officer
SUBJECT: Rose Bakery Cafe- 3536 E. Coast Hwy, Corona del Mar
PROPERTY ADDRESS: 3536 E. Coast Hwy
PROPERTY OWNER: Rose Bakery Cafe
NBMC VIOLATION: 10.50.020C- Nuisance- Debris Storage
6.04.095- Commercial Bin Storage
CASE HISTORY
12011 -0484
On May 5, 2011, the City received a complaint regarding the refuse storage area used
by Rose Bakery Cafe. The complaint was the storage area was being left open, trash on
the ground inside and surrounding the refuse area, and lids to the dumpsters are being
left open.
On May 10, 2011, a notice of violation was issued and mailed to Rose Bakery Cafe
requesting that they keep the area in and around the trash enclosure remains clean and
the lids are closed at all times.
On May 15, 2011, a visual re- inspection of the trash enclosure revealed compliance.
12012 -0200
On February 7, 2012, Code Enforcement received a complaint about trash and graffiti on
the property. The graffiti complaint was directed towards the City's Municipal Operations
Department and Code Enforcement handled the trash complaint.
On March 3, 2012, a notice of violation was issued to the property management
company to correct the trash violations.
12012 -0971
On June 28, 2012, Code Enforcement received a complaint about the trash enclosure
located on the property. A $100 citation was issued to the property owner for the
following violations: 1. Trash cans with out lids. 2. Trash needs to be placed into
containers. 3. Recycled goods need to be placed into containers with a secure lid. 4. The
trash enclosure area needs to be power washed. All of the violations must be corrected
by July 9, 2012.
On July 10, 2012, a follow up inspection was conducted of the property. After the
inspection it was determined that property management, took the necessary actions to
bring the refuse area into compliance.
Thank you,
i
Brian N. Contino
Code & Water Quality Enforcement Officer
Attachment No. PC 6
Site Plan
o I `
I
I 1
I 2
I
I 5
I
I 4
I 5
I
Landscaping Ur
Landscaping
S
15
16
17
2cl Off Site Parking Spaces
6 I8
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11
1
12
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l6
X
W
1 1
I 2
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al
II 5
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9
Trees
19
21
22
25
24
Alley
Q
0
N
1
22
21
20
19
18
17
16
14
13
12
11
10
Orchid
Avenue
500
sf
Unit B
Pizza
961
sf
Unit C
5 - Existing street Parking
1265
sf
Unit D
Cleaner
1063
sf
Existing Parkway Hidden Line Indicates
586
sf
Total
4375
xisting Parking Spat
sf
Existing sidewalk 10'- 13/4" 9'- 103/4"
Property Line
" K ❑.
15 On Site Parking spaces
1 - - -
ce
rn roposed 56•
080-y igh Railing-
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--
----
- - - - -� ,.x yy
- - - - -�
251
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6
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6 16'
f76.
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1
a
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Remove X
Existing Railin 4-- 0^�''=
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-- --
- - - - -� ---- -F-,Xjsting xisting SW
26
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Existing
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; Customer
TIP
Unit C Area 5105f
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Unit D
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12
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Existing Public Hall
o
Unit A
4' -T'
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1T - 0"
Common Area
Existing Public Existing Public
Restroom Restroom
29i
- -�-
I
Trash
_
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— —
— — — — -- — — — — -
Property Line
I,
14' -0"
31' -8"
,
I
I
Cl
I
I
I
Areas
Unit A
Nail Salon
500
sf
Unit B
Pizza
961
sf
Unit C
Rose Bakery Cafe
1265
sf
Unit D
Cleaner
1063
sf
Common & Utility
586
sf
Total
4375
sf
Site
3/32" = V -0"
Typical 15" Tall
Planter (6 Total)
�-- Existing Light Pole
M
Seating Area N
5009 . ft. �.
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,A.
I APPROVED BY:
Planning Director 0 Zoning Administrator
Y. Planning Commission L. City Council
_k As Submitted 0 As Modified
Refer to: & Resolution 0 Approval Letter
# of Pgs Approved: 1� Date: /1-/ 01 / 90
Exterior
Seating
Layout
Permit
Application
Revisions
10-
Rose Bakery
Cafe
3536 Coast
Highway #C
Newport
Beach, Ca
Site Plan
job no. 0
date 02-24-10
Sheet
of
PA2010 -103 for UP2010 -020
3536 East 'cast Highway
Rcse BaKery Cafe
ADDITIONAL
MATERIALS
RECEIVED
Rose Bakery Cafe
ORT
CE
i ( \ f✓ _ � �_:i� �r.' -tG \ , �� lam; _
E
Planning Commission
Public Hearing
July 19, 201.2
STAFF PRESENTATION
Project Description
Review of Amendment No. 1 to Use Permit No.
UP2009 -035 (PA2012 -103)
Determine compliance with the conditions of
approval and effectiveness of the Parking
Management Plan
a Project Location
East Coast Highway and Orchid Avenue
■ 3536 East Coast Highway
07/19 /2012
Community Development Department - Planning Division
2
eduction
Project Description
Review of Amendment No. 1 to Use Permit No.
UP2009 -035 (PA2012 -103)
Determine compliance with the conditions of
approval and effectiveness of the Parking
Management Plan
a Project Location
East Coast Highway and Orchid Avenue
■ 3536 East Coast Highway
07/19 /2012
Community Development Department - Planning Division
2
6
07/19/2012
7
Community Development Department - Planning Division
�9.
EWPO
z
��q<,FOaN�I
3
Lp A\ /Id
I. Operation
■ Parking
Code Enforcement
07/19/2012
PARKING E71H SIVELY
FO
3520 E. C W Y & AUTHORISERS ON
FAMTO FE
LOT
—\ PM
� .IfC.Y5ai1
Community Development Depa rtment - Planning Division
ll, e
•
■ Receive public comments
■ Receive and file
07/19/2012
Community Development Department - Planning Division
1
For more information contact:
Fern Nueno
949 - 644 -3227
fnueno@newportbeachca.gov
www.newportbeachca.gov
RECEIVED
1012 JUL 16 AM 11: 02
U I,0F OF
TF!7 Ciry r%OFF!
Newport Beact(Jlloitttirigi pn
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
Planning Chair and Commissioners
Thursday, July 19th Regular Meeting
Item 3a: Additional Materials Received
Planning Commission July 19, 2012
PA2010 -103
Re: Rose Bakery Cafe Use Permit Review
519 Iris Avenue
Corona del Mar, CA 92625
July 13, 2012
- oENED 9y
r,OMMUN��
JUG � 6 2012
UE�E�OPMENT �PZ
m
OF NEV`ROO
We, Dick and Sandy Nichols, support the use permit of Rose Bakery Cafe. Rose Cafe is
a gem right in the middle of Olde Corona del Mar. In the 40 years that we have lived in
CdM, we have not enjoyed an eatery as much as we enjoy Rose's.
The owners are hard working and they serve really good food at a reasonable price. We
also totally enjoy seeing all the young people they employ. We feel that for many of the
employees this is their first on the job training.. Rose's is truly a success story. That is
clear by the people that line up and those waiting for a table to enjoy their meal.
Over the years, there have been many restaurants that have not survived. We hope that
the City of Newport Beach and the Planning Commission will continue to work with the
owners of Rose Cafe to ensure their continuing success.
As for parking, we walk to Rose's, as do many other people. There are other places in
town where parking is really a problem and no one seems to notice. Katy comer, across
PCH, there is a hair salon, candy store, clothing store, flower stand, and Chronic Taco's
restaurant. There are about 10 spaces, two spaces are marked for 15 minutes to serve all
the above mentioned business.
We understand there is one individual in town who complains about Rose Bakery and
Cafe. Well you have 6 in our family who have nothing but praise for the owners and
staff of Rose's.
We ask that you approve this use permit for Rose Bakery and Cafe and let the people
who frequent Roses OFTEN continue to enjoy this little Gem for years to come.
Very truly yours
Dick and `San dy Nic
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IGNATED VEHICLES PARKED
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ISSUED FOR PERSONS WITH
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- - - -- Original Message---- -
From: Dan Purcell
Sent: Thursday, March 01, 2012 11:17 AM
To: KBrandt@newportbeachca.gov; Matt Cosylion (MCosvlion (@newportbeachca.gov)
Cc: Jim Mosher
Subject: FW: 3536 E Coast Hwy Stickers, Dumpsters and Dining
Hi Kim
I want to review the recent approval for the Rose's remodel and I would appreciate the
opportunity to have staff explain the approval, as I am not an expert in these matters. In
speaking with Matt yesterday, I learned the owner of Rose's is not allowed to have an
unlimited number of seats outside, contrary to what the owner told me. Moreover, there seems
to be no solution to the waste management problems at the property.
Thanks,
Dan
- - - -- Original Message---- -
From: Dan Purcell
Sent: Sunday, February 26, 2012 5:53 PM
To: Matt Cosylion (MCosvlion (@newportbeachca.gov)
Cc: KBrandt@newportbeachca.eov; Jim Auger (jaueer (@newportbeachca.gov);
strataland@earthlink.net; Gardnerncy @aol.com; CdMRA (info (@cdmra.ore)
Subject: 3536 E Coast Hwy Stickers, Dumpsters and Dining
Hi Matt:
I am trying to stay on top of the situation at Rose's because it is indicative of situations
throughout the business district in Corona del Mar. I am not sure how much seating the
business is allowed, but I was by yesterday morning and found the following:
46 chairs on the patio
16 tables on the patio
13 chairs inside
4 tables inside
I would appreciate you letting me know if this fits within the allowable limits for the
permit. The owner told me there is no limit to the seating he is allowed, as long as the
seating stays within the designated area.
I realize you are addressing the dumpster area, but I feel the businesses are disrespecting
your efforts. One dumpster still does not have a lid and the lids were open on the other
dumpster. Liquid was pooling on the ground and food waste and other trash was present. Crows
can access the trash and carry it around the neighborhood.
1
City signs near the business have fresh stickers on them. I feel the owners of the business
should call the graffiti and sticker hotline and not expect others to manage the problem for
them. one of the stickers is "dripslikehoney" and is produced by Chris Bunyan. I have
received threats from Bunyan and the police department is aware of the ongoing issue with
him. Some of his poetry is listed below.
I appreciate your effort and realize you have a lot of things on your plate.
Thanks,
Dan
2