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Home My WebLink AboutRose Cafe - PA2009-148CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 4, 2010 Agenda Item No. 4 SUBJECT: Rose Bakery Cafe (PA2009 -148) 3536 E Coast Hwy • Use Permit No. UP2009 -035 • Off -Site Parking Agreement No. OP2010 -004 APPLICANT: Shawn Lim PLANNER: Russell Bunim, Assistant Planner (949) 644 -3233, rbunim @newportbeachca.gov PROJECT SUMMARY The application consists of a use permit that would supersede Planning Director's Use Permit No. 29 and allows for the following: 1) Change the restaurant land use classification from full- service, small -scale to full - service, high- turnover; and 2) Enlarge the outdoor dining area. The application also includes an off -site parking agreement for 15 parking spaces at a property located at 409 Orchid Avenue, which is necessary to satisfy the code - required parking for the expanded use. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt a resolution approving Use Permit No. UP2009 -035 and Off -Site Parking Agreement No. OP2010 -001 (Attachment No. PC 1). 8 'r" "r V r :JJe �J RT •s �Oi J r O• J` vF '\ r t >. CC TS FAR R9 -0• � a .� Al Rose Bakery Cafe March 4, 2010 Page 2 •,7 - lex N. r� o, . .177 P',','L•'_- ZONING 01N.• LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Commercial Corridor CC Retail Service Commercial RSC Retail NORTH Two -Unit Residential (RT) Two-Family Residential R -2 Residential SOUTH CC RSC Retail EAST CC RSC Retail and Post Office WEST CC RSC Retail A Rose Bakery Cafe March 4, 2010 Page 3 INTRODUCTION Project Setting The subject restaurant is located at the northwest corner of East Coast Highway and Orchid Avenue. The subject restaurant is situated in a multi- tenant, retail building that includes a nail salon, take -out pizza restaurant and dry cleaners. The off -site parking lot proposed for use by the applicant is located directly across the alley at 409 Orchid Drive (See vicinity map on Page 2). Protect Description The applicant is requesting the following changes in operational characteristics of the existing restaurant to allow for seating in an expanded outdoor dining area: 1) Outdoor Dining Area Expansion The current outdoor dining area was approved via Outdoor Dining Permit No. 60 for an accessory outdoor area of 75 square feet. The applicant is requesting to increase the outdoor dining area to 500 square feet, which would allow for additional seats. 2) Change in Land Use Classification The land use classification of the existing restaurant is full - service, small - scale, which has a limitation of 25 seats maximum. The applicant is requesting to change the land use classification to full - service, high- turnover, which does not have a maximum seat limitation. Seats would be confined within the 310- square- foot net public area (NPA) indoor and the 500 - square -foot outdoor dining area. The existing full - service, small -scale restaurant has a parking requirement of one space per 75 square feet of NPA. The proposed full - service, high- turnover restaurant is an intensification of use, which creates a higher parking demand within a range of one parking space per 30 to 50 square feet of NPA based on physical design, operational characteristics and location of the restaurant. In this case, staff recommends one parking space per 40 be established for the restaurant. 3) Off -Site Parking Agreement The current parking area is contained on -site. The applicant is requesting an off - site parking agreement of 15 parking spaces to satisfy the code- required parking for the expanded outdoor dining area. Rose Bakery Cafe March 4, 2010 Page 4 Background on the Restaurant See Attachment No. PC 2. DISCUSSION Analysis Parking Requirement for the Outdoor Dining Area Pursuant to Outdoor Dining Permit No. 60, an outdoor area of 75 square feet (approximately 25% of the 310 NPA indoor) was approved as "accessory outdoor dining" and does not count toward the NPA for calculating code - required parking. Therefore, any outdoor dining beyond 75 square feet would not be considered "accessory outdoor dining" and would count toward the NPA for calculating code - required parking. In this case, 425 square feet of the 500- square -foot outdoor dining area would count toward NPA. Existing Condition The subject property contains 13 parking spaces, which is less than the zoning code - required number of parking spaces for the existing building and uses. This condition was created by zoning code changes and the installation of disabled access spaces. In this case, standard practice is to allocate the parking spaces to the tenant spaces based on gross square feet. A parking summary is provided in the table below. 3536 East Coast Highway — Parking Distribution Parking Requirement for the Proposed Use The subject restaurant (Rose Bakery Cafe) is allocated 3.76 parking spaces, which count toward the 18.38 code - required parking spaces (see table below for code - required parking breakdown). Therefore, 15 parking spaces (14.62 rounded up) would be required for the expanded seating area for the proposed use (See Attachment No. PC 3 for project plans). N Rose Bakery Cafe March 4, 2010 Page 5 Code - Required Parking ,Areas,. S ware Feet ZC Parkin Re uir`ement Parkin`'. Re uired er the ZE" Indoor Net Public Area (NPA) 310 1 space per 40 s . ft. of NPA 7.75 Outdoor Dining Area 500 "Accessory Outdoor Dining" 75 None per Outdoor Dining Permit No. 60 Outdoor Dining Area (for 425 1 space per 40 sq. ft. of NPA 10.63 parking purposes) 500 - 75 Total Net Public Area (proposed use) 18.38 (number of parking spaces allocated) -3_76 Total = 14.62 = 15 parking spaces The applicant has proposed an off -site parking agreement for the use of 15 parking spaces at the 29 -space parking lot located at 409 Orchid Avenue. Off -Site Parking Agreement The subject off -site parking lot currently supplies parking to Landmark Steakhouse. Landmark Steakhouse does not open until 5:00 p.m., so the parking lot is available for daytime use. The applicant proposes to open at 5:00 a.m. and close at 7:00 p.m., which would create a two -hour overlap period from Landmark's opening at 5:00 p.m. and Rose Bakery Cafe's closing at 7:00 p.m. Landmark Steakhouse also uses a parking lot located at 410 Narcissus Avenue where customers can park during the overlap period. Pursuant to Section 20.66.080 of the Zoning Code, before approving an application for an off -site parking agreement, the Planning Commission shall make the following findings: 1. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. The subject off -site parking lot is located directly across the alley from the subject restaurant and is within walking distance (approximately 50 feet) from restaurant. Therefore, staff finds that the parking lot can be useful in connection with the proposed use. 2. Parking on such lot will not create undue traffic hazards in the surrounding area. The Public Works Department has confirmed that over the past three years, no traffic accidents have been reported in the surrounding area as a result of parking at the I Rose Bakery Cafe March 4, 2010 Page 6 project site or the subject off -site parking lot. Furthermore, no undue traffic hazards are expected in the future by allowing parking for the proposed use. 3. Parking is permanently available, marked, and maintained for the use it is intended to serve. The applicant has submitted documentation of a parking agreement (See Attachment No. PC 4) between the property owner and the restaurant owner for use of the parking lot. The final off -site parking agreement will be recorded at the County stating 15 parking spaces at the subject parking lot will be available to the owner of the subject restaurant from 5:00 a.m. to 7:00 p.m. If the off -site parking is breached, the restaurant owner would need to return the outdoor - dining area back to 75 square feet, which was approved per Outdoor Dining Permit No. 60, because the expanded area would not have the required number of parking spaces. Conditions have been added to the resolution that ensure compliance with this finding as follows: • A total of 15 parking spaces shall be maintained at the off -site parking lot located at 409 Orchid Avenue for the tenants and customers of the building located at 3536 East Coast Highway during business hours. • The hours of operation for the eating and drinking establishment shall be limited between hours of 5:00 a.m. to 7:00 p.m., daily. • The final off -site parking agreement between the City and the applicant shall be prepared by the applicant for approval by the City Attorney if deemed consistent with the intent of this condition. The final off -site parking agreement shall be recorded on both properties (3536 East Coast Highway and 409 Orchid Avenue). The applicant shall provide proof of recordation of the off -site parking agreement, subject to the Planning Director's approval. • The owner or operator of the business that uses the approved off -site spaces at 409 Orchid Avenue to satisfy the parking requirements of the Zoning Code shall immediately notify the Planning Director of any change of ownership or use of the property where the parking spaces are located, or of any change in the agreement between the parties. • Upon notification that the off -site parking agreement has terminated, the Planning Director shall establish a reasonable time in which one of the following shall occur: o Substitute parking is provided that is acceptable to the Planning Director; or N Rose Bakery Cafe March 4, 2010 Page 7 o The size or capacity of the use subject to this use permit is reduced in proportion to the parking spaces lost. Use Permit Pursuant to Section 20.91.035 of the Zoning Code, the Planning Commission must make certain findings in order to approve a use permit. The findings and facts in support of the findings are listed and discussed below. 1. That the proposed location of the use is in accordance with the objectives of this code and the purposes of the district in which the site is located. The existing restaurant is located in the (Retail Service Commercial) RSC Zoning District, which is intended to provide areas that are predominantly retail in character. Restaurants are a retail service use, and are permitted within this designation subject to the approval of a use permit. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent of the neighborhood of such,use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. 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 proposed restaurant expansion is consistent with this designation. The proposed outdoor dining expansion would not be detrimental to the public health, safety, peace, morals, comfort or welfare of persons residing in the neighborhood or working in or adjacent to the neighborhood; and would not be detrimental to the properties or improvements in the vicinity or to the general.welfare of the City for the following reasons: No dancing, live entertainment or pool tables will be permitted or provided on the premises. These types of uses require City Manager approval. • The conditions included in the attached resolution ensure that zoning code - required parking will be provided for the expanded use. J Rose Bakery Cafe March 4, 2010 Page 8 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Restaurants are permitted in the RSC Zoning District, subject to the approval of a use permit. The off -site parking agreement is necessary to satisfy the zoning code - required number of parking spaces for the expanded use. 4. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91 and conforms to all requirements of that Chapter. The restaurant is not located in a residential district; therefore, this finding does not apply. Environmental Review The project qualifies for a categorical exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. The project consists of expanding an outdoor dining area for an existing eating and drinking establishment and only minor modifications are being made. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten 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: Russell Bunim, Assistant Planner ATTACHMENTS Submitted by: D. . -p r4 D PC 1 Draft Resolution with Findings and Conditions PC 2 Background PC 3 Project plans PC 4 Off -Site Parking Agreement Im RESOLUTION FOR UP2009 -035 ATTACHMENT No. PC 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2009 -035 FOR A FULL SERVICE, HIGH TURNOVER EATING AND DRINKING ESTABLISHMENT LOCATED AT 3536 EAST COAST HIGHWAY AND OFF - STREET PARKING AGREEMENT NO. OP2010 -001 LOCATED AT 409 ORCHID AVENUE (PA2009- 148) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Shawn Lim, with respect to property located at 3536 East Coast Highway, and legally described as Lot 4, Block U and Tract 323 requesting approval of a Use Permit and an Off - Street Parking Permit. 2. The application consists of a use permit that would supersede Planning Director's Use Permit No. 29 and allows for the following: 1) Change the restaurant land use classification from full - service, small -scale to full - service, high- turnover; and 2) Enlarge the outdoor dining area. The application also includes an off -site parking agreement for 15 parking spaces at a property located at 409 Orchid Avenue, which is necessary to satisfy the code - required parking for the expanded use. 3. The subject property is located within the Retail Service Commercial (RSC) 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 March 4, 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. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). 1. The project qualifies for a categorical exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. The project consists of expanding an outdoor dining area for an existing eating and drinking establishment and only minor modifications are being made. Planning Commission Resolution No. Page 2 of 8 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.66.080 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth for the off -site parking agreement: Finding: A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. Facts in Support of Finding: A -1. The subject off -site parking lot is located directly across the alley from the subject restaurant and is within walking distance (approximately 50 feet) from restaurant. Therefore, staff finds that the parking lot can be useful in connection with the proposed use. Finding: B. Parking on such lot will not create undue traffic hazards in the surrounding area. Facts in Support of Finding: B -1. The Public Works Department has confirmed that over the past three years, no traffic accidents have been reported in the surrounding area as a result of parking at the project site or the subject off -site parking lot. Furthermore, no undue traffic hazards are expected in the future by allowing parking for the proposed use. Finding: C. Parking is permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: C -1. The applicant has submitted documentation of a parking agreement (See Attachment No. PC 4) between the property owner and the restaurant owner for use of the parking lot. The final off -site parking agreement will be recorded at the County stating 15 parking spaces at the subject parking lot will be available to the owner of the subject restaurant from 5:00 a.m. to 7:00 p.m. If the off -site parking is breached, the restaurant owner would need to return the outdoor - dining area back to 75 square feet, which was approved per Outdoor Dining Permit No. 60, because the expanded area would not have the required number of parking spaces. In accordance with Section 20.91.035 the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth for the Use Permit: Tmpit: 01/14/10 �c�," Planning Commission Resolution No. 3 of 8 In accordance with Section 20.91.035 the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth for the Use Permit: Finding: D. That the proposed location of the use is in accordance with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: D -1. The existing restaurant is located in the (Retail Service Commercial) RSC Zoning District, which is intended to provide areas that are predominantly retail in character. Restaurants are a retail service use, and are permitted within this designation subject to the approval of a use permit. Finding: E. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent of the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: E -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 proposed restaurant expansion is consistent with this designation. The proposed outdoor dining expansion would not be detrimental to the public health, safety, peace, morals, comfort or welfare of persons residing in the neighborhood or working in or adjacent to the neighborhood; and would not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the Following reasons: • No dancing, live entertainment or pool tables will be permitted or provided on the premises. These types of uses require City Manager approval. • The conditions included in the attached resolution ensure that zoning code - required parking will be provided for the expanded use. Tmplt: 01/14/10 Planning Commission Resolution No. Finding: F. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: F -1 Restaurants are permitted in the RSC Zoning District, subject to the approval of a use permit. The off -site parking agreement is necessary to satisfy the zoning code - required number of parking spaces for the expanded use. Finding: G. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91 and conforms to all requirements of that Chapter. Facts in Support of Finding: G -1 The restaurant is not located in a residential district; therefore, this finding does not apply. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Application No.PA2009 -148, 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. Tmpit: 01/14/10 Planning Commission Resolution No. Page 5 of 8 PASSED, APPROVED AND ADOPTED THIS [DATE] DAY OF [MONTH], [YEAR]. AYES: NOES: ABSTAIN: ABSENT: BY: lv Robert Hawkins, Chairman Charles Unsworth, Secretary Tmpit: 01114/10 Planning Commission Resolution No. Page 6 of 8 EXHIBIT "A" Conditions of Approval Project Specific Conditions in Italics 1. A total of 15 parking spaces shall be maintained at the off -site parking lot located at 409 Orchid Avenue for the tenants and customers of the building located at 3536 East Coast Highway during business hours. 2. The hours of operation for the eating and drinking establishment shall be limited between hours of 5:00 a.m. to 7:00 p.m., daily. 3. The final off -site parking agreement between the City and the applicant shall be prepared by the applicant for approval by the City Attorney if deemed consistent with the intent of this condition. The final off -site parking agreement shall be recorded on both properties (3536 East Coast Highway and 409 Orchid Avenue). The applicant shall provide proof of recordation of the off -site parking agreement, subject to the Planning Director's approval. 4. The owner or operator of the business that uses the approved off -site spaces at 409 Orchid Avenue to satisfy the parking requirements of the Zoning Code shall immediately notify the Planning Director of any change of ownership or use of the property where the spaces are located, or of any change in the agreement between the parties. 5. Upon notification that the off -site parking agreement has terminated, 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. 6. All applicable conditions of approval of Accessory Outdoor Dining Permit No. 60 shall apply and remain in force. 7. The applicant shall require all employees to park within the approved off -site parking lot location. 8. 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.) 9. Use Permit No. 2009 -035 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. Tmplt: 01/14/10 �'�y Planning Commission Resolution No. 7of8 10. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 11. 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. 12. 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. 13. 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 it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity o.r if the property is operated or maintained so as to constitute a public nuisance. 14. 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. 15. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 16. 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. 17. 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: Tmplt 01/14/10 �� Between the hours of 7:OOAM and 10:OOPM Between the hours of 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55d BA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 6OdBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Tmplt 01/14/10 �� Planning Commission Resolution No. Page 8 of 8 Commercial Property N/A 65dBA N/A 60dBA 18. 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. 19. 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. 20. No outside paging system shall be utilized in conjunction with this establishment. 21. 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. 22. 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. 23. 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). 24. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 25. 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. 26. A Special Events 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. 27. 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. Tmplt: 01/14/10 BACKGROUND ATTACHMENT No. PC 2 %�e Background • On June 4, 1998, the Planning Director approved Planning Director's Use Permit No. 29 for a full - service, small -scale eating and drinking establishment (restaurant) with a seating and /or stand -up counter space for no more than six customers. • On August 25, 1999, the Planning Director approved Outdoor Dining Permit No. 60 for an accessory outdoor dining area limited to a maximum of 75 square feet and does not limit the number of seats. However, full - service, small -scale restaurants have a limitation of 25 seats maximum. • On June 25, 2009, Rose Bakery Cafe was given a Notice of Violation (NOV No. 2009 -0718) by Code Enforcement for providing an outdoor seating area greater than 75 square feet. • On December 17, 2009, the Planning Director approved a Staff Approval for a 90 -day temporary use of a seating area inside the restaurant for a maximum of 12 seats and an outdoor dining area of 340 square feet. PROJECT PLANS ATTACHMENT No. PC 3 Orchid Avenue r -r -1 r I B - asrstin0 Btraat Parkirg Alley 1 I I � I ] s I i I 1 6 I , e I q ]] s — a — ° 20 `s — m ,q n ID „ 1B I1 to 190. Bit. risk QBp.. I° I44FN X 6 � 6• s' 6 \6 a. 6 6 L \atc , e B ♦ 9 I________ ___ _______ r . Unit a H, ,r Lm ^uuping l.J' V 500 sf I r� Lmldseaping 19 I� 1♦ Rose Bakery Cafe ]BI I b I 1 9 IB ,] 4375 sf I b 1 • IB 19 b � ]eI I q 1 BBa vrk8198peeea I I I I I t e ]B 1 I q ]i 1 ]BI I 10 ] I I 11 ]B 1 ]4I 1 1] ]. Alley 1 I I � I ] s I i I 1 6 I , e I q ]] s — a — ° 20 `s — m ,q n ID „ 1B I1 to 190. Bit. risk QBp.. I° I44FN X 6 � 6• s' 6 \6 a. 6 6 L \atc , e B ♦ 9 I________ ___ _______ r . Unit a H, ,r L Areas MI /M Wa b.CR� � °°•"a Tybtl la'T� �I..IW V -IOW rlmis (sfW I r -v � 1 I #1 Subject Site w/ Unit D x'110 Existing One Story Building Unit B q°I.V TJN W Unit A e R -------------------- Unit A b, 500 sf Q Pizza 961 sf Unit C Rose Bakery Cafe 1265 sf Unit D b I Common & Utility 586 sf Total ,] 4375 sf bl b 19 b -T V. Iq i L Areas MI /M Wa b.CR� � °°•"a Tybtl la'T� �I..IW V -IOW rlmis (sfW I r -v � 1 I #1 Subject Site w/ Unit D x'110 Existing One Story Building Unit B q°I.V TJN W Unit A e R -------------------- 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 m b°b tU uo n. in V n ff a n till eJ a = c'l � G OI 9 1 �IS'P l I o eauy e 1 Poh �I I I l I 1 RECEIVED By 3r� sr PLANNING DEPARTMENT =ra FEB 2` ZOIO CITY OF NEWPORT BEACH Exterior Seating Layout Permit Application Rose Bakery Cafe 3536 Coast Highway #C Newport Beach, Ca Site Plan job no. 0 date 02 -24 -10 Sheet 1 of 'i "'51N• IT-0 IN' ]8.11? ' Exterior Seating Layout Floc r A ea of Business ,1265 sq. ft. Permit Application I r— Existing eerviss Are. E 100 i Unit c Rose Bake Cafe existing tarots acebUwts -Revisions — existing Ing Preparation '-"'-existing gtchsn existing 9crvleo /vee �i 0 Rose Bakery Unit D Cleaners Cafe s ti m A Unit B Pizza a 3536 Coast Highway #C Newport Beach, Ca m� s M1 exlenng PUeue Nee �% i Unit A Salon existing Putlls existing Putlis Rest.. Rest'... M1 I Floor Plan 1 1 T Lwal 1 job no. 0 date 02 -24 -10 Sheet 2 of t sw e�rren.0ia+aMww tie • i•c I I !11 ' I IiIt I .II {.. . iji. il1'1 k pi III u 11ltli iu " - Exterior Seating Layout Permit Application Re%'sicros Rose Bakery Cafe 3536 Coast Highway #C Newport Beach, Ca Exterior Elevations job n . 0 date 02-24-10 Sheet 3 of 5�� OFF -SITE PARKING AGREEMENT ATTACHMENT No. PC 4 m Exhibit "A" Memorandum of agreement The following agreement by and between Landmark Restaurant (Mario) and Rose Bakery Cafe (shawn): 1. The use of the parking lots shall continue to be free and open without interruption in accordance to the customary use and practice of all parties between 5 am and 7 pm, except when Landmark has a special event in which Rose Bakery will be inform. 2. Each owner /tenant/user shall be responsible for their own parking lot as it related to sweeping, maintenance, and costs of upkeep. However, Rose Bakery Cafe has agreed to pay Landmark $150 a month for the use of the additional parking spaces stated on the off-site parking agreement. 3. in addition to the $150 consideration given by Rose Bakery Cafe, Landmark Restaurant may use the existing trash enclosure located behind the 3536 E. Pacific Coast Highway building as long as Landmark abides by all the rules and regulations which has been the customary use and practice of all tenants 4. The customary use of the parking lot and the trash enclosure shall continue for as long as all party make their best efforts to comply with all agreements in the traditional use, and it is mutually beneficial to both party. The undersigned hereby agree to the above terms: Rose Bakery Cafe date CA, f t�Q Landmark date -�j