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HomeMy WebLinkAboutPanini Cafe_UP, OD, OP_2421 E Coast Hwy (PA2007-063)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 20, 2007 Meeting Agenda Item No. 4 SUBJECT: Panini Cafe (PA2007 -063) 2421 E. Coast Highway • Use Permit No. 2007 -010 • Accessory Outdoor Dining Permit No. 2007 -006 • Off -site Parking Agreement No. 2007 -001 APPLICANT: Collection Investments Corona del Mar, Inc. ( Panini Hospitality Group) PLANNER: Rosalinh Ung, Associate Planner (949) 644 -3208, rung(cD-city.newport- beach.ca.us PROJECT SUMMARY The project consists of the operation of a full - service restaurant, with alcoholic beverage service of beer and wine, an outdoor dining area and an off -site parking agreement request. The following discretionary approvals are requested or required in order to implement the project as proposed: 1. Use Permit approval to operate a 3,820 square -foot full - service, high turnover eating and drinking establishment with a net public area of 640 square feet, and to allow alcohol beverage service of beer and wine with a Type "41" ABC License (On -Sale Beer and Wine Eating Place). 2. Accessory Outdoor Dining Permit approval to allow the construction and operation of a 160 square -foot outdoor dining area in conjunction with the proposed full - service restaurant. 3. Off -site Parking Agreement approval to satisfy the off - street parking requirement for the proposed restaurant utilizing the off -site property located at 7 Corporate Plaza. Staff recommends that the Planning Commission take public testimony and determine appropriate action. Should the Planning Commission choose to approve the project, a draft resolution of approval with the appropriate findings and conditions is attached as Exhibit 1. Should the Planning Commission choose to deny the project, a draft resolution for denial will be prepared and presented to the Planning Commission at the following meeting for adoption. Panini Cafe September 20, 2007 Page 2 of 18 VICINITY MAP c : 7 Off -site food 01 �$9 % Parking — 7 \ :" / Corporate Plaza . W 914 2006. 2015 % �. \ 5 / p4 / 924 / 800 /// 632. ! Yn2Y ,i. J \ Cp7 `- �� JO 924 f `•�\ f/�4 J ,''� 8p P 921 / aw 1 ! F ( 9" 2101 t wo / \, el /JJ zlzl �! 9�i6 703 , \\ 9 , ,ry / 690 �7 713 Existing / \ 636 .:. 7�f Restaurant y' 2201 .1\ ` 956 711 Site - 2333 �. 900 / 76775376: 17ii7i 7�In 2229 \ 654., 2081 721 ^..\ �.,,.. 723 �\ \// 2511 . 230t 21' 7! 9305 \ A 9�iS3 f 6392°.. 701 703 , 71\ .. 2325 333 \� ! 521: ' ��/ t3'°� �, \. f 706 , ( 2345 J \(jQ pa,f 614.Sif .�l], ,? 704 /. . 2131 \) / 610 .. / �` -cam \ 7 702 f fi 617 // //k.`T7W J / f.rt. '...P./". \,yqy 707 i , 2407: f gel 604 f 613", P . 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J r �r r N 'P .a ♦A A)r • ` l A. . +O Ri. 4 7\ ' t .. ba ! % .hp CC QlS FARE•- b 6 b LOCATION GENERAL PLAN ZONING ICURRENTUSE ON-SITE Corridor Commercial Retail Service Former carpet store - vacant CC 0.75 Commercial RSC General Commercial NORTH (CG) and Single Unit PC - 27(Point Del Mar) Shopping Center /MacArthur Blvd. /Single- Residential Detached family Residential RS -D SOUTH Two Family Residential Two - family Single & Multiple -unit residential across alley R Residential R -2 EAST Corridor Commercial Retail Service Retail commercial and office developments CC 0.75 Commercial RSC WEST Corridor Commercial Retail Service Retail commercial and office developments CC 0.75 Commercial RSC Panini Cafe September 20, 2007 Page 4 of 18 PROJECT INTRODUCTION Proiect Setting The subject property is located on the south side of Coast Highway, at the intersection of MacArthur Boulevard in Corona del Mar and presently improved with an existing 3,651 square -foot building. The subject property is situated in the middle of a commercial retail block that is currently occupied by the Bungalow Restaurant, Golden Spoon Yogurt Shop, Rothschild's Restaurant and several other retail and office uses. Proiect Description The applicant is proposing to convert the existing retail space to a full- service restaurant by demolishing the existing 620 square -foot mezzanine and enclosing the existing deck area located to the rear of the main floor. The overall gross floor area of the building would be increased by 169 square feet, from 3,651 to 3,820 square feet. New kitchen facilities would be installed that include food preparation, storage areas, and walk -in coolers. Handicapped accessible restrooms and an elevator would also be provided. The proposed 160 square -foot outdoor dining area will be situated at the front of the restaurant, facing Coast Highway and covered by an awning. The proposed floor plan depicts a layout of a total of 48 seats for the proposed restaurant: 36 seats for the inside dining area and 12 seats for the outdoor dining area. The proposed hours of operation are 7:00 a.m. to 10:00 p.m., seven days a week. The applicant states that there will be no dancing or live entertainment. The applicant indicates that the opening and closing shifts will utilize 5 employees and a maximum of 10 employees during the busiest hours. Delivery to the proposed restaurant will be limited to the hours of 9:00 a.m. to 11:00 a.m. and 2:00 p.m. to 4:00 p.m., according to the applicant. The overall project description is attached to the staff report as Exhibit 2. The proposed parking /traffic management plan is attached as Exhibit 3. The existing parking garage at the subject site has access to an alley located to the rear of the building. This existing alley serves the site and the neighboring retail commercial and residential properties. The applicant has submitted three tandem parking arrangement options within the existing parking garage (Exhibits B, C, and F attached to the Parking/Traffic Management Plan) for Planning Commission consideration. Exhibit B depicts a 12 -space arrangement; Exhibit C depicts a 16 -space arrangement; and Exhibit F depicts a 17 -space arrangement. The applicant also submitted a parking diagram showing the pre- existing parking arrangement of 17 spaces that was utilized by Panini Cafe September 20, 2007 Page 5 of 18 the former retail tenants (Exhibits D & F). Exhibit G shows the off -site parking location, employee vehicle and pedestrian paths of travel. In addition to the on -site parking provision, the applicant proposes to provide 10 parking spaces located in a parking garage below the existing office building at 7 Corporate Plaza for employee parking. Complimentary valet parking for restaurant patrons during regular operating hours, and for off -site employee parking is proposed. The applicant also submitted a parkingttraffic management plan to address required parking, traffic circulation, the valet parking operation, and delivery scheduling. Background The property is presently improved with a 3,651 square -foot, tri -level building which consists of a main floor, a mezzanine level above the main floor and an 11 -space parking garage below the main floor. The building has been occupied by a retail carpet store, "Orient Handel" for many years. The Bungalow Restaurant (formerly Hemingways Restaurant) had an off -site parking agreement with the former owner of the carpet store since 1981 for the use of the parking garage. This agreement expired August 2006 (Exhibit 4). The carpet store closed its business in July 2007. The building is now vacant under the applicant's ownership and free from any off -site parking obligations. DISCUSSION Analysis General Plan — Land Use Element The Land Use Element of the General Plan designates the subject property as Corridor Commercial (CC) with maximum floor area ratio of 0.75 (CC 0.75). The CC designation 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 Land Use Element also calls for sustaining the Corona del Mar commercial corridor as a pedestrian - oriented retail village that serves surrounding neighborhoods. Restaurants are identified as one of the area's primary uses. The applicant's request is consistent with this designation and the vision for the area, as it entails converting a former retail space into an eating and drinking establishment that is neighborhood - serving. The conversion of tenant space from retail use to an eating and drinking establishment would result in a slight increase in the floor area by 169 square feet. The increase in floor area would not exceed the maximum 0.75 FAR or 3,967 square -foot allowance for the subject property as the proposed floor area is 3,820 square feet. The proposed outdoor patio dining area is consistent with the pedestrian- oriented environment envisioned along the Coast Highway street frontage. The proposed project is, therefore, consistent with these policies. bll Panini Cafe September 20, 2007 Page 6 of 18 General Plan — Circulation Element The City's Circulation Element encourages an efficiently operated parking system through the adoption of parking management programs for areas with inadequate parking, such as Corona del Mar. The development of public parking lots or structures, street parking permitting, valet programs, and similar techniques may be considered. In recognition of the need for additional parking in this area, and to comply with this policy, the City Economic Development Division is in the process of conducting a parking feasibility study with the assistance from a professional consultant firm. To satisfy the required parking for the proposed restaurant, the applicant is proposing a parking management program through the use of tandem parking with valet parking arrangement at the subject property, and off -site parking for their employees at the nearby office complex. Coastal Land Use Plan The City's Local Coastal Land Use Plan (CLUP) designates the subject property as General Commercial General (CG) with a maximum floor area ratio of 0.50 to 0.75. The CG designation is intended to provide for a wide range of commercial activities oriented primarily to serve citywide or regional needs. The applicant's request to convert a former retail space into an eating and drinking establishment is consistent with this designation. The Circulation Element of the General Plan and the Coast Land Use Plan have similar policies relating to parking. As the applicant is requesting approvals for on -site tandem parking with valet services and off -site arrangement to satisfy the required parking for the proposed restaurant, policies relating to parking must also be considered. They are as follows: CE 7.1.1 Required Parking: Require that new development provide adequate, convenient parking for residents, guests, business patrons, and visitors. CE 7.1.8 Parking Configuration: Site and design new development to avoid use of parking configurations or parking management programs that are difficult to maintain and enforce. CLUP 2.9.3 -1. Site and design new development to avoid use of parking configurations or parking management programs that are difficult to maintain and enforce. CLUP 2.9.3 -8. Continue to require properties with nonconforming parking to provide code - required off - street parking when new uses, alterations or additions result in increased parking demand. Panini Cafe September 20, 2007 Page 7 of 18 These policies are discussed under the Parking /Circulation Section. Zoning Code Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, bars, and cocktail lounges as outlined below to ensure that any proposed development will be compatible with adjoining properties and streets. The development standards include specific requirements for site requirements, building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, underground utilities, and supply and refuse storage. Section 20.82.040.D of the Municipal Code states that any of the above - mentioned development standards for restaurants may be modified or waived if strict compliance with the standard is not necessary to achieve the purpose or intent of the standard. Development Standards v PROPOW :, ,..i Sae: Sim shall be of sufficient size and configuration to Does not Comply. The site is 5,289 square feet in size satisfy all requirements for off -street parking, and is improved with a 3,651 square foot tri -level setbacks, curb cuts, walls, landscaping and refuse commercial building. The iodsting parking garage does storage as provided by Section 20.82.040 of the not meet the current parking configurations. Municipal Code. Setbacks: The City may establish more restrictive setbacks if it is Complies. The building complies with the current determined that it is necessary or desirable for the setback requirements. More restrictive setbacks are not protection of the public health, safety or welfare or to need to protect the public health, safety orwelfare. insure the compatibility of uses on contiguous properties. Off-Street Off -street parking in accordance with the provisions of Complies. The sites presently improved with a parking Parking: Chapter 20.66 of the Municipal Code garage. A total of 16 parking spaces are required for the restaurant use. The applicant is proposing a tandem parking arrangement of 12 spaces, at a minimum, with a valet parking arrangement at the subject property and requesting an off -site parking agreement of 10 spaces for employee parking at 7 Corporate Plaza, for a total of 22 parking spaces to be used for the proposed restaurant. Circulatron: Parking areas and driveways shall be arranged so that Complies. The exsting on -site parking garage and off - a free Bow of vehicular traffic and adequate site site lot have been reviewed and approved by the City clearances are permitted at all times. If the Traffic Traffic Engineer. Potential circulation problems during Engineer determines that there is a need to peak activity times may occur within the parking garage accommodate vehicles waiting for service, a reservoir and along the alley during peak business hours. An parking area for standing vehicles shall be provided in approved parkingitraffic management plan should additional to the other required parking and driveway address this issue. area. Walls: A solid masonry wall 6 feet high shall be erected on all Not Applicable. There are existing commercial buildings interior property lines of the subject property. Walls 3 located on both interior property lines so the requirement feet in height shall be erected between the on -site for walls at 6 feet in height is not necessary for this parking areas and the public right -of -way. application. The parking garage Is located below the main retail floor with an access opening to an e>asting alley. There is no need for a afoot high separation wall between the on -site parking areas and the public right-of- way. Landscaping 10% of entire site, afoot wide landscape area shall be Not Applicable. The e>asting building was built within provided to screen the parking area from the public the allowable building setbacks with a parking garage I right-of-way. A afoot wide landscape area adjacent structure beneath. Landscape screening of the parking to the interior property lines shall be provided. area is not necessary. v Panini Cafe September 20, 2007 Page 8 of 18 Parking/Circulation The parking standard for restaurants specified by the Municipal Code is 1 parking space for each 30 to 50 square feet of net public area. Net public area is defined as the total area of eating and drinking establishment, excluding kitchens, restrooms, offices pertaining to the use only, and storage areas. The specific ratio applied is based on the operational characteristics of the establishment. Given the restaurant's operational characteristics as a full - service, high turnover establishment, serving primarily sandwiches, soups, and salads without live entertainment or dancing, a shorter dining experience and high patron turnover is expected. Staff believes a parking ratio of 1 space per 40 square feet of net public area is appropriate. Using this calculation, the required number of parking spaces required for the restaurant is 16 spaces (640 sq. ft. of net public area /40). The applicant proposes a total of 22 spaces as follow: On -site Parking The existing parking garage is proposed to be valet - parked for the restaurant patrons in a tandem configuration. As mentioned earlier, the applicant is proposing several different parking arrangements to yield as much on -site parking as possible. Because of the pre- existing nonconforming condition of the subject property, the use of tandem parking is the only way to maximize the number of off -street parking spaces within the existing parking garage structure. Exhibit B yields a total of 12 spaces. This parking arrangement has been reviewed and approved by the City Traffic Engineer as it complies with the handicapped parking and access requirements and complies with the Traffic Engineer Division's parking policy of "move one car to get one car ". The Traffic Engineer could not support the other parking arrangements as shown on Exhibits C nor F because these plans show vehicles parked parallel along the wall across from the striped stalls. These parking arrangements do not allow a sufficient turning radius for vehicles exiting the parking stalls. Exhibit C shows a vehicular turn- around area within the handicapped loading zone. With regard to Exhibits D and E, which are described as a "Pre- Existing Valet Management Plan ", it should be noted that this "valet" operation was not approved by the City. While the parking shown in Exhibit E may have occurred in the past, the parking layout cannot be approved for the previously stated reasons. Also, according to b' Lig tlmg. Parkktg lot lino Me Mumurahon height and intensity, to Complies. The existing parking garage has adequate minimize the reflection of lights to the streets and lighting and does not create problems with glare onto neighboring properties. surrounding properties. No additional lighting is proposed for the subject site. utiRlies All utilities required to be under grounded. Complies. Utilities are currently underground, serving the subject property. Supply Storage Supply storage to be contained within a building. Complies. No outdoor storage of supplies is proposed. Refuse Storage Refuse storage outside of a building shall be hidden Complies. A new trash enclosure is being proposed to from view by a solid masonry wall 6 feet in height with accommodate the proposed restaurant. self-locking ates. Parking/Circulation The parking standard for restaurants specified by the Municipal Code is 1 parking space for each 30 to 50 square feet of net public area. Net public area is defined as the total area of eating and drinking establishment, excluding kitchens, restrooms, offices pertaining to the use only, and storage areas. The specific ratio applied is based on the operational characteristics of the establishment. Given the restaurant's operational characteristics as a full - service, high turnover establishment, serving primarily sandwiches, soups, and salads without live entertainment or dancing, a shorter dining experience and high patron turnover is expected. Staff believes a parking ratio of 1 space per 40 square feet of net public area is appropriate. Using this calculation, the required number of parking spaces required for the restaurant is 16 spaces (640 sq. ft. of net public area /40). The applicant proposes a total of 22 spaces as follow: On -site Parking The existing parking garage is proposed to be valet - parked for the restaurant patrons in a tandem configuration. As mentioned earlier, the applicant is proposing several different parking arrangements to yield as much on -site parking as possible. Because of the pre- existing nonconforming condition of the subject property, the use of tandem parking is the only way to maximize the number of off -street parking spaces within the existing parking garage structure. Exhibit B yields a total of 12 spaces. This parking arrangement has been reviewed and approved by the City Traffic Engineer as it complies with the handicapped parking and access requirements and complies with the Traffic Engineer Division's parking policy of "move one car to get one car ". The Traffic Engineer could not support the other parking arrangements as shown on Exhibits C nor F because these plans show vehicles parked parallel along the wall across from the striped stalls. These parking arrangements do not allow a sufficient turning radius for vehicles exiting the parking stalls. Exhibit C shows a vehicular turn- around area within the handicapped loading zone. With regard to Exhibits D and E, which are described as a "Pre- Existing Valet Management Plan ", it should be noted that this "valet" operation was not approved by the City. While the parking shown in Exhibit E may have occurred in the past, the parking layout cannot be approved for the previously stated reasons. Also, according to Panini Cafe September 20, 2007 Page 9 of 18 Exhibit D, there is no handicapped stall provided in the pre- existing plan. Staff, therefore, could only support the valet parking arrangement of 12 spaces as shown on Exhibit B. Off -site Parking The applicant has secured 10 off -site parking spaces, located at 7 Corporate Plaza to be designated as employee parking. No patron parking with or without valet service would be allowed at this off -site location. This provision is to alleviate potential on -site patron parking shortage and negative traffic impact to the subject property, and providing reassurance that their employees would park their vehicles in a designated area and not along the nearby residential streets. The applicant proposes to provide complimentary parking to its employees. This request could not be supported by the City Traffic Engineer due to the safety concerns of having parking attendants and vehicles moving back and forth across the busy Coast Highway. Furthermore, the provision of valet parking at an off -site location may create an enforcement issue in the future should the applicant use this off -site location for patron parking instead. Circulation Vehicular access to and from the restaurant's parking garage is from the existing alley located in the rear of the subject property. The proposed location of valet drop -off and pick -up will be located near the entrance to the existing parking garage. Staff has concerns with the functionality of the proposed valet parking operation due to close proximity to the garage entry way. Traffic entering and exiting the parking garage by the patrons could result in cars queuing along the alley, while waiting for valet parking services. The circulation conflicts may happen during peak activity times along the alley that is already impacted by the nearby businesses. This can create a traffic hazard and negatively impact traffic movement along the alley. The applicant has submitted a parking/traffic management plan describing the functional characteristics of the valet operation and traffic circulation to mitigate these concerns. The Traffic Engineer has reviewed and approved the plan with conditions. In summary, the provisions of a 12 -space tandem parking arrangement in the existing garage for the restaurant patrons marked as Exhibit B with valet services and 10 off -site parking spaces for employee self -park are most realistic and the most efficient arrangements compared with other proposals. Staff Concerns The submitted application and plans have illustrated that there will be adequate parking for the proposed restaurant. Staff, however, is concerned that the subject site does not have the required number of on -site parking for the proposed restaurant. Because of this shortage, different parking variations are being proposed which may be problematic, compounded by the fact that vehicular access to and from the restaurant is Z- Panini Cafe September 20, 2007 Page 10 of 18 through an already congested alley. The level of traffic sent to the alley from the restaurant patrons and associated deliveries coupled with the proposed valet service next to the garage entrance is also a concern. The nearby residents have expressed on -going concerns of the encroachment of commercial parking within the residential areas. The off -site parking arrangement may become an issue in the later years when the terms expire and these parking spaces are no longer available. The finding of an alternative off -site parking location may become a difficult task as the parking availability in the Corona del Mar area is very limited. The Planning Commission must make a determination whether the subject application is consistent with the latest General Plan and Coastal Land Use Plan policies related to the parking provisions. These policies specifically require all new development to provide adequate, convenient parking for residents, guests, business patrons, and visitors; and to avoid use of parking configurations or parking management programs that are difficult to maintain and enforce. These policies require properties with nonconforming parking to provide code - required off - street parking when new uses, alterations or additions result in increased parking demand. The parking management plan for the proposed restaurant may be proven to be viable at this time but it may be difficult to maintain and enforce. Other similar restaurant establishments within the Corona del Mar have similar valet and /or off -site parking arrangements. The Zinc Cafe is the most recent application that the Planning Commission considered and approved within the Corona del Mar area. Zinc Caf6 has adhered to their conditions of approval; the restaurant has provided adequate parking both on -site parking for their patrons and off -site parking for their employees, orderly traffic movement to and from the restaurant and have not become a nuisance to the neighborhood. On the other hand, the Commission recently reviewed a status report for the Corona del Mar Albertson's regarding complaints about employee parking on residential streets and deliveries at times not permitted by the use permit. General Use Permit Findings Section 20.91.035(A) of the Zoning Code requires the Planning Commission to make certain mandatory findings for the approval of a use permit. These findings are listed and discussed below. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The subject property is located within the Retail Service Commercial (RSC) Zoning District, which is intended to provide the Corona del Mar area with commercial services for permanent residences and visitors of the area. Restaurant uses are permitted within this designation with the approval of a use permit. The operational characteristics and location of the proposed restaurant use are such that it is a community serving use with some pedestrian oriented traffic. The proposed restaurant is consistent with this designation. \� Panini Cafe September 20, 2007 Page 11 of 18 In accordance with the requirements of Chapter 20.89, the location of the proposed Alcoholic Beverage Outlet was considered with respect to issues of public necessity and impacts to surrounding land uses. The use will provide a public convenience by offering beer and wine sales to restaurant patrons. The location of the use is considered appropriate given the fact that the site is not located in close proximity to day care centers, schools or places of religious assembly. In addition, the Police Department has reviewed the project and has no objections to the location. 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 to 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 proposed restaurant is consistent with the land use designation of the General Plan and the Coastal Land Use Plan. All development regulations of the RSC Zoning District would be met, including building setbacks, structure height limitations and development limits. The restaurant has been conditioned in such a manner to meet the intent of the Zoning Code regulations, including any specific conditions required for the proposed restaurant and to require strict adherence to safety and noise regulations. Should the proposed restaurant operate within the parameters of the conditions of approval, maintaining the off -site parking lease agreement, and strictly enforcing and monitoring the valet parking arrangement, negative impacts associated with the application discussed within this report should be minimal. The proposed restaurant, therefore, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to 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 with the following: • The operation of the restaurant will be restricted to the hours 7:00 a.m. to 10:00 p.m., seven days a week. • The total "net public area" of the interior dining areas will not exceed 640 square feet. • The outdoor dining area will not exceed 160 square feet. • The valet parking for patrons will be provided during the business hours. The valet operation would be professionally managed in a manner to eliminate back up /storage of vehicles onto the public right -of -way. • Valet drop -off, pick -up, and deliveries will occur only on the subject property. Valet operation and delivery will not impact ingress and egress to adjacent properties. Panini Cafe September 20, 2007 Page 12 of 18 • Deliveries will be scheduled outside of peak operating hours of the use so that all access will not be blocked. No deliveries will be permitted before 7:00 a.m. or after 6:00 p.m. • No dancing or live entertainment will be provided on the premises. • New trash enclosure will be constructed and maintained properly to eliminate odor and prevent illegal dumping. In accordance with the requirements of Chapter 20.89, approval of the Alcoholic Beverage Outlet is subject to the consideration of factors relating to over - concentration of alcohol licenses, crime rates including numbers of alcohol related crimes, and impacts to the surrounding community. Detailed analysis of the ABC application is discussed below under the Alcoholic Beverage Outlet Ordinance Section. The Police Department has reviewed the project and has determined that the sale of beer and wine in conjunction with the proposed restaurant will not result in an increase in alcohol - related crimes and will not result in an over - concentration of alcoholic beverage outlets since the request is to transfer the existing license from the existing restaurant to the subject location. The proposed restaurant, including beer and wine sales, will not have a negative impact on the surrounding community. 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. The request to allow the operation of a restaurant which includes the serving of alcoholic beverages on the premises and the proposed conditions under which it would be operated or maintained, are consistent with the General Plan and the purpose of the district in which the site is located. The request is located within the existing building that is designated and zoned for this commercial activity. The use has been conditioned in such a manner to minimize the impacts associated with it. The plan, as conditioned, meets the design and development standards for eating and drinking establishments. In accordance with the requirements of Chapter 20.89, the project has been conditioned to avoid potential negative impacts on the surrounding community. Upon approval of the use permit, the Police Department will condition the ABC license as necessary to maintain the health, safety and welfare of the community. `-5 Panini Cafe September 20, 2007 Page 13 of 18 Alcoholic Beverage Outlet Ordinance Findings In conjunction with the proposed restaurant, the applicant also requests approval of a use permit to allow the sale of beer and wine for on -site consumption by transferring their existing license from their existing store located at 2333 Coast Highway. There would be no net increase in the number of ABC licenses within the subject area as the request is a transfer of the existing ABC license to the proposed location. Sale of beer and wine for on -site consumption requires the issuance of a Type 41 License from the California Department of Alcoholic Beverage Control. In accordance with Chapter 20.89 (Alcoholic Beverage Outlets) of the Municipal Code, approval of a use permit is required for a new Type 41 license at the subject site. Chapter 20.89 requires the Planning Commission to consider the following: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the countywide average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. The City of Newport Beach Police Department submitted a memorandum (Exhibit 5) providing the necessary information and data for the following analysis: 1. Public Convenience or Necessity The proposed sale of alcoholic beverages (beer and wine) is in conjunction with a full - service, high turnover restaurant. Beer and wine sales for on -site consumption are common in conjunction with this type of establishment and are expected by customers. The sale of beer and wine will provide an added convenience for the restaurant patrons. 2. Crime Rate Citywide, there were 6,676 crimes reported during calendar year 2006, of which 3,075 were Part One Crimes (serious offenses). The remaining 3,061 were Part Two Crimes that include alcohol - related arrests. The project site is located within Police Reporting District No. 44 (RD 44). During 2006, the reporting district had a total of 379 reported crimes (184 Part One, 195 Part 2) compared to a citywide reporting district average of 174 reported crimes,. RD 44 is 205 crimes or 117.72 percent above the citywide reporting district average. The subject site is within an area where the number of crimes \ \�o Panini Cafe September 20, 2007 Page 14 of 18 is at least 75 percent higher that the average of all reporting districts in the City as outlined in the City Council "K -7" policy. During 2006, the total number of crimes in adjacent reporting districts RD 43 and RD 39 was 74 and 631, respectively. The number of total crimes reported within RD 44 is higher compared to RD 43 but lower than RD 39. 3. Over - Concentration There are 25 active alcoholic beverage licenses in police RD 44 which constitutes a per capita ratio of one license per 223 residents. The applicant is requesting to transfer the existing Type "41" ABC License from the existing restaurant located at 2333 Coast Highway to the subject property. There would not be an increase in ABC license within RD 44. 4. Alcohol - Related Crimes The Police Department has provided statistics for driving- under - the - influence (DUI) and plain drunk arrests. There were 32 DUI arrests and 33 plain drunk arrests within RD 44 (65 total DUI /Drunk arrests) during this period as compared to 1,285 for the entire City. This RD accounts for 5.06 percent of the DUI /Drunk arrests made in the City. Adjacent reporting districts RD 43 and RD 39 had 53 and 236 DUI /Drunk arrests, respectively. The number of alcohol - related crimes reported in RD 44 is higher when compared with RD 43 but much lower compared with RD 39. The proposed sale of beer and wine is in conjunction with the proposed restaurant. The Police Department has reviewed the project and is not in opposition; however, they have provided recommended conditions of approval to minimize the potential for an increase of alcohol related crimes. 5. Adjacent Uses There are no schools, day care centers or places of religious worship near the subject property. The establishment is located within a commercial area adjacent to a major street and is surrounded primarily by commercial and residential uses. Given that the proposed alcoholic beverage sales is for on -site consumption only and associated with the proposed restaurant, the Police Department does not have objections to the operation as proposed by the applicant. Additionally, the Police Department has reviewed the use permit application and has submitted recommended conditions of approval. The Police Department recommends the standard conditions of approval related to the sale of alcohol for on -site consumption to ensure compatibility of the use with its environs. These conditions are routinely required of alcoholic beverage outlets. Should the project be approved, the Police Department will transmit the conditions of approval related to the sale of alcohol to the State Department of \-I Panini Cafe September 20, 2007 Page 15 of 18 Alcoholic Beverage Control (ABC). The Police Department does not oppose these hours and planning staff believes these hours are acceptable for this location. Finally, the location of this establishment is acceptable since no sensitive land uses are located nearby. Off -site Parking Agreement Findings The applicant has entered into a parking agreement with the property owner of 7 Corporate Plaza, OCRC -GE Corporation, (Exhibit 6) for the use of 10 parking spaces. The term of this parking agreement is for 5 years, commencing on the date that restaurant obtains a certificate of occupancy along with a 5 -year renewal option. These spaces are available to the restaurant employees during the restaurant hours of operation. Pursuant to Section 20.66.080, Off - Street Parking, the Planning Commission shall not approve off - street parking on a separate lot from the site or sites unless: 1. Such lot is so located to be useful in connection with the proposed use or uses on the site or sites. The 10 off -site spaces is in a parking garage of the office complex located on the north side of Coast Highway, west of Avocado Avenue, at 7 Corporate Plaza. The applicant is proposing to utilize these spaces for employee parking. No patron parking would be allowed. 2. Parking on such lot will not create undue traffic hazards in the surrounding area. The use of off -site parking lot will not create undue traffic hazards in the surrounding area. The employees will be instructed to cross Coast Highway at the pedestrian crossing at Avocado Avenue to and from the off -site parking lot. 3. Parking is permanently available, marked, and maintained for the use it is intended to serve. The applicant has secured a 5 -year term parking agreement and a 5 -year renewal options with the property owner of the off-site parking lot. The applicant has submitted documentation from the property owner that the off -site parking spaces have not been leased to any business other than the applicant. Should the application be approved, a condition of approval is included in the draft resolution, requiring the provision of 10 parking spaces in the off -site lot, and the recordation of the agreement with the County Recorder's office ensuring the availability of the spaces for the use. 1� Panini Cafe September 20, 2007 Page 16 of 18 Accessory Outdoor Dining Permit 1. That the proposed outdoor dining is accessory to the eating and drinking establishment. The proposed outdoor dining area is accessory to the proposed 3,820 square -foot restaurant. The restaurant's total net public area would be 640 square feet. The applicant proposes to have an outdoor dining area of 160 square feet which is 25 percent of the net public area of the proposed restaurant and thereby is consistent with Municipal Code Section 20.82.050 (A) that limits accessory outdoor dining areas to 25 percent of the restaurant's interior net public area, or 1,000 square feet, whichever is less. 2. The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. The use is accessory to the proposed restaurant use which would be subject to conditions of approval that include limitations on hours of operation and number of seating. The proposed location of the outdoor dining area would not cause potential noise impacts to the nearby residential uses. 3. That the proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. The proposed outdoor dining area will be located in front of the existing building, adjacent to the public right -a -way along Coast Highway, and thereby will not result in a reduction of the existing parking spaces located in the parking garage. Section 20.82.050 (A) of the Municipal Code does not require additional parking for accessory outdoor dining areas. Summary Staff is concerned with the proposed parking management plan in that it may be difficult to maintain and enforce. Should the Planning Commission determine that the proposed parking management plan is consistent with the polices of General Plan and Coastal Land Use Plan and the findings for approval of a use permit for the restaurant and Alcoholic Beverage Outlet ordinance can be made in that the restaurant operation will not prove detrimental to the community through strict compliance of conditions of approval, a draft resolution for approval is attached for adoption. The proposed on -site sale of beer and wine has also been reviewed pursuant to the requirements of Chapter 20.89. In reviewing the proposed use, factors relating to public convenience, crime rates, over - concentration of alcohol licenses, and proximity to sensitive land uses were considered. Planning Staff and the Police Department have \"N Panini Cafe September 20, 2007 Page 17 of 18 reviewed the project relative to these considerations and find the location of the proposed Alcoholic Beverage Outlet to be acceptable, subject to the conditions of approval in the attached resolution. The accessory outdoor dining permit request meets the findings for approval as it will be accessory to the proposed restaurant, has the same operating hours as the proposed restaurant with limited seating, and will not result in a reduction of the required parking spaces forthe restaurant. The proposed off -site parking agreement complies with the criteria set forth in Section 20.66.080, in that it has proven to be viable and will ensure that the required number of parking spaces for the restaurant use will be provided and maintained at all times. Alternatives 1. If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's requests, the Planning Commission should direct staff to prepare findings and a resolution denying the requests and return at the next available Planning Commission meeting date with such resolution for adoption; or 2. The Planning Commission may suggest specific project modifications that are needed for approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes are directed, the item should be removed from calendar to allow redesign of the project. Concerns from Residents The Planning Department received several letters via electronic mail from the nearby residents during the application review process. They collectively expressed their opposition to the proposed restaurant that would be contributing to the existing congested traffic patterns, area business patrons using the residential alleys as thoroughfares, increased noise levels and increased number of service trucks and garbage dumpsters intruding their already crowded neighborhood (Exhibit 7). Staff also received numerous letters in support of the application from the nearby residents and restaurant patrons (Exhibit 8). Environmental Review This project has been reviewed, and it has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The proposed interior improvements to accommodate the new restaurant are minor in nature and are within the tenant space formerly occupied by a retail commercial use. Z� Panini Cafe September 20, 2007 Page 18 of 18 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 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: Exhibits Submitted by: ✓� O 'r David Lepo, Plar g Director 1. Draft Resolution No. 2007 -_; findings and conditions of approval 2. Project Description 3. Parking/Traffic Management Plan 4. Previous Parking Agreement between Hemingways and Orient Handel 5. Police Department Memorandum 6. Parking (Use) Agreement with OCRC -GE 7. Letters in opposition 8. Letters of support 9. Submitted Plans dated July 27, 2007 --2� EXHIBIT 1 DRAFT RESOLUTION FOR APPROVAL -lz) RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -010, ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -001, AND OFF - SITE PARKING AGREEMENT ON PROPERTY LOCATED AT 2421 COAST HIGHWAY (PA2007 -063) WHEREAS, an application was filed by Collection Investments Corona del Mar, Inc. with respect to property located at 2421 Coast Highway, and legally described as Parcel 1 of Parcel Map filed in Book 68, page 8 of Parcel Maps Records of Orange County, requesting a Use Permit approval to operate a 3,820 square -foot full - service, high turnover eating and drinking establishment with a net public area of 640 square feet, and to allow alcohol beverage service of beer and wine with a Type "41" ABC License (On- Sale Beer and Wine Eating Place); Accessory Outdoor Dining Permit approval to allow the construction and operation of a 160 square -foot outdoor dining area in conjunction with the proposed full- service restaurant; and Off -site Parking Agreement approval of 10 spaces to satisfy the off - street parking requirement for the proposed restaurant utilizing the off -site property located at 7 Corporate Plaza; and WHEREAS, on September 6, 2007, the Planning Commission held a noticed hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California at which time the project application was considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing; and WHEREAS, a use permit for the proposed restaurant has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The subject property is located within the Retail Service Commercial (RSC) Zoning District, which is intended to provide the Corona del Mar area with commercial services for permanent residences and visitors of the area. Restaurant uses are permitted within this designation with the approval of a use permit. The operational characteristics and location of the proposed restaurant use are such that it is a community serving use with some pedestrian oriented traffic. The proposed restaurant is consistent with this designation. In accordance with the requirements of Chapter 20.89, the location of the proposed Alcoholic Beverage Outlet was considered with respect to issues of public necessity and impacts to surrounding land uses. The use will provide a public convenience by offering beer and wine sales to restaurant patrons. The location of the use is considered appropriate given the fact that the site is not located in close proximity to day care centers, schools or places of religious assembly. In addition, the Police Department has reviewed the project and has no objections to the location. 2`' City of Newport Beach Planning Commission Resolution No. _ Paae 2 of 11 2. Finding: 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 to 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: The proposed restaurant is consistent with the land use designation of the General Plan and the Coastal Land Use Plan. All development regulations of the RSC Zoning District would be met, including building setbacks, structure height limitations and development limits. The restaurant has been conditioned in such a manner to meet the intent of the Zoning Code regulations, including any specific conditions required for the proposed restaurant and to require strict adherence to safety and noise regulations. In accordance with the requirements of Chapter 20.89, approval of the Alcoholic Beverage Outlet is subject to the consideration of factors relating to over - concentration of alcohol licenses, crime rates including numbers of alcohol related crimes, and impacts to the surrounding community. Detailed analysis of the ABC application is discussed below under the Alcoholic Beverage Outlet Ordinance Section. The Police Department has reviewed the project and has determined that the sale of beer and wine in conjunction with the proposed restaurant will not result in an increase in alcohol - related crimes and will not result in an over - concentration of alcoholic beverage outlets since the request is to transfer the existing license from the existing restaurant to the subject location. The proposed restaurant, including beer and wine sales, will not have a negative impact on the surrounding community. 3. Finding: 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: The request to allow the operation of a restaurant which includes the serving of alcoholic beverages on the premises and the proposed conditions under which it would be operated or maintained, are consistent with the General Plan and the purpose of the .district in which the site is located. The request is located within the existing building that is designated and zoned for this commercial activity. The use has been conditioned in such a manner to minimize the impacts associated with it. The plan, as conditioned, meets the design and development standards for eating and drinking establishments. In accordance with the requirements of Chapter 20.89, the project has been conditioned to avoid potential negative impacts on the surrounding community. "LN City of Newport Beach Planning Commission Resolution No. _ Paae 3 of 11 WHEREAS, an off -site parking agreement for the 10 parking spaces located at 7 Corporate Plaza has been prepared in accordance with Section 20.66.080, Off- Street Parking based on the following facts and findings in support of such findings: 1. Finding: Such lot is so located to be useful in connection with the proposed use or uses on the site or sites. Facts in Support of Finding: The off -site lot is located on the north side of Coast Highway, west of Avocado Avenue. The applicant is proposing to utilize these spaces for employee parking. No valet parking will be provided. The restaurant employees will be given maps showing the location of the parking lot and will be instructed to park at the proper location. Pedestrian access is afforded at the signalized intersection at Avocado Avenue. 2. Finding: Parking on such lot will not create undue traffic hazards in the surrounding area. Facts in Support of Finding: The use of off -site parking lot will not create undue traffic hazards in the surrounding area. The employees will be instructed to cross Coast Highway at the pedestrian crossing at Avocado Avenue to and from the off -site parking lot. 3. Parking is permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: A 5 -year term parking agreement with a 5 -year renewal option has been secured with the property owner of the off -site parking lot. Documentation has been submitted by the property owner that the off -site parking spaces have not been leased to any other business than the applicant. The provision of 10 parking spaces in the off -site lot, and the recordation of the agreement with the County Recorder's office are required to ensure the availability of the spaces for the use. WHEREAS, the following findings required for approval of an Accessory Outdoor Dining Permit pursuant to Section 20.82.050 (B) of the Zoning Code: 1. Finding: That the proposed outdoor dining is accessory to the eating and drinking establishment. Facts in Support of Finding: The proposed outdoor dining area is accessory to the proposed 3,820 square -foot restaurant. The restaurant's total net public area would be 640 square feet. The applicant proposes to have an outdoor dining area of 160 square feet which is 25 percent of the net public area of the proposed restaurant and thereby is consistent with Municipal Code Section 20.82.050 (A) that limits accessory outdoor dining areas to 25 percent of the restaurants interior net public area, or 1,000 square feet, whichever is less. Z") City of Newport Beach Planning Commission Resolution No. _ Page 4 of 11 2. Finding: The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. Facts in Support of Finding: The use is accessory to the proposed restaurant use which would be subject to conditions of approval that includes limitations on hours of operation and number of seating. The proposed location of the outdoor dining area would not cause potential noise impacts to the nearby residential uses. 3. Finding: That the proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. Facts in Support of Finding: The proposed outdoor dining area will be located in front the existing building, adjacent to the public right -a -way along Coast Highway, and thereby will not result in a reduction of the existing parking spaces located in the parking garage. Section 20.82.050 (A) of the Municipal Code does not require additional parking for accessory outdoor dining areas. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act. The proposed interior improvements to accommodate the new restaurant are minor in nature and are within the tenant space formerly occupied by a retail commercial use. WHEREAS, the Planning Commission finds that judicial challenges to the City s CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorney's fees, and damages which may be awarded to a successful challenger; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2007 -010, Off -site Parking Agreement No. 2007 -001 and Accessory Outdoor Dining Permit No. 2007 -006, subject to Conditions of Approvals in Exhibit "A" attached hereto and made part hereof. Section 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. Z"a City of Newport Beach Planning Commission Resolution No. Paae 5 of 11 PASSED, APPROVED AND ADOPTED THIS 20th DAY OF SEPTEMBER 2007. AYES: NOES: M Robert Hawkins, Chairman BY: Bradley Hillgren, Secretary 2\ City of Newport Beach Planning Commission Resolution No. _ Paae 6 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2007 -010, OFF -SITE PARKING AGREEMENT NO. 2007 -001 & ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -006 Conditions in bold-italics are project specific conditions. All others are standards conditions. Planning Department The development shall be in substantial conformance with the site plan and floor plan dated August 27, 2007. 2. The total net public area for the entire restaurant shall not exceed 640 square feet and 36 seats. 3. The accessory outdoor dining area shall be limited to 160 sq. ft. and 12 seats. 4. The hours of operation of the restaurant including the outdoor dining area are limited to the hours of 7.00 a.m. to 10:00 p.m., daily. 5. The accessory outdoor dining area shall be used in conjunction with the proposed full - service restaurant No special events, promotional activities, private functions or private parties shall be allowed within the outdoor dining area. 6. No amplified music or entertainment is permitted in the outdoor dining area. No outside paging system, loudspeaker or other noise generating device shall be utilized in conjunction with this outdoor dining area. 7. Roof coverings over the outdoor dining area shall not have the effect of creating a permanent enclosure. The use of any other type of overhead covering shall be subject to review and approval by the Planning Director and may require an amendment to this permit 8. A total of 22 parking spaces: 12 on -site and 10 off -site shall be provided at all times. 9. The 10 off site parking spaces located at 7 Corporate Plaza shall be designated and used for employee self - parking only. No patron parking shall be allowed at any given time. 10. An off -site parking agreement, subject to the review and approval by the City Attorney's office, shall be recorded. The agreement shall guarantee a City of Newport Beach Planning Commission Resolution No. _ Page 7 of 11 total of 10 off street parking spaces located at 7 Corporate Plaza for the use authorized on the subject property. 11. All parking in conjunction with the subject property shall be confined to the parking areas over which the applicant; owner or operator has written rights to park. If, in the opinion of the Planning Director or City Traffic Engineer, the restaurant creates parking congestion at the sites, the applicant shall immediately resolve the congestion problem by reducing restaurant seating or increasing parking attendants or through other means until the parking congestion is eliminated and parking is properly managed. The Planning Director or City Traffic Engineer has the discretion to require the preparation of a revised valet operation/parking management plan. 12. The applicant or operator of the restaurant that approved off-site spaces to satisfy the required parking shall immediately notify the Planning Director of any change of ownership or use of the property where the spaces are located, or of the property for which the spaces are required, and of any termination or default of the agreement between the parties. 13. Upon notification that the agreement for the required off-site parking has terminated, the Planning Director shall establish a reasonable time in which one of the following shall occur. a. Substitute parking is provided that is acceptable to the Director; or b. The size or capacity of the restaurant use is reduced in proportion to the parking spaces lost 14. No live entertainment or dancing shall be permitted in conjunction with the permitted restaurant use. 15. Storage outside of the building in the front or at the rear of the property shall be prohibited. 16. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the existing use shall comply with the provisions of Chapter 10.26 of the Municipal Code. 17. The Planning Commission may add to or modify conditions of approval to this use permit, accessory outdoor dining permit, off -site parking agreement or revoke these approvals upon a finding of failure to comply with the conditions set forth in Chapter 20.82 of the Municipal Code or other applicable conditions and regulations governing the food establishment. The Planning Commission may also revoke these permits and agreement upon a determination that the r'L City of Newport Beach Planning Commission Resolution No. Page 8 of 11 operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 18. These approvals shall expire unless exercised within 24 months from the end of the appeal period as specified in Section 20.91.050 of the Newport Beach Municipal Code. 19. A new trash enclosure with three masonry walls and a self - locking gate shall be constructed. All trash shall be stored within water -tight trash containers stored within the trash enclosure. The watertight trash containers shall have a lid or top that remains closed at all times, except when being loaded or while being collected by the refuse collection agency. 20. The applicant shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self - contained containers or may include periodic steam cleaning of the containers, if deemed necessary by the Planning Department. 21. The operator of the food service use shall be responsible for the clean up of all on -site and off -site trash, garbage, and liter generated by the use. Employees of the premises shall pick up trash from the ground of the trash enclosure on a daily basis. 22. All deliveries shall be scheduled outside of peak operating hours of the use so that all access will not be blocked. No deliveries shall be permitted before 7.00 a.m. or after 6:00 p.m. 23. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on site or off -site, to advertise the proposed food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by both the Public Works Department and Caltrans in conjunction with the issuance of an encroachment permit or encroachment agreement from each. 24. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited in the parking lot and public alley. 25. The use of the rear entry door shall be prohibited between the hours of 11:OOpm and 6:OOam. City of Newport Beach Planning Commission Resolution No. Pape 9 of 11 26. Any change in operational characteristics and /or hours of operation of the restaurant, shall require amendment to this Use Permit or the processing of a new Use Permit. 27. Should this business 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. 28. No audible paging system or speaker system shall be utilized any where on the premises at any time. 29. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 30. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 31. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning Code. 32. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 33. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business 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. 3� City of Newport Beach Planning Commission Resolution No. Page 10 of 11 34. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 35. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 36. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 37. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 38. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 39. The use permit approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 40. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sales of drinks. Public Works Department 41. The area outside of the food establishment, including the public sidewalks, shall be maintained in a clean and orderly manner and may be subject to providing periodic steam cleaning of the public sidewalks as required by the Public Works Department. 42. The existing garage opening shall be maintained at 19'-9" to accommodate two -way traffic into and out of the garage. City of Newport Beach Planning Commission Resolution No. _ Paae 11 of 11 43. The clearance height shall be clear posted at the entrance to the parking area above the opening. 44. The valet parking shall be provided during all business hours. The valet operation shall be staffed in a manner to eliminate back up /storage of vehicles on public property. No more than 12 vehicles shall be parked on site at one time. 45. Valet signage shall not be placed within the public right -of -way. 46. All parking permits purchased for employees shall be affixed to the vehicle and shall not be shared. 47. Valet drop -off, pick -up, and deliveries shall occur via the alley within the subject property. Valet operations and deliveries shall not impact ingress and egress to the adjacent commercial and residential properties. 48. No portion of the accessory outdoor dining area including any patio covedawning shall extend into the public right -of -way. 49. The daily cleaning of the accessory outdoor dining area shall not be swept, washed, or blown into the public right -of -way. Building Department 50. 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. 51. A grease interceptor shall be provided. 52. Structural analysis for the change of occupancy shall be required. 53. A van - accessible handicap parking space with an eight -foot accessible loading area shall be provided and maintained. The applicant shall coordinate with the Building Department for ADA compliance. Fire Department 54. A 5 -year certification shall be required for the fire sprinkler system. 55. A Type 1 Hood and Kitchen Suppression System shall be required. ��4 EXHIBIT 2 PROJECT DESCRIPTION -;31 PROJECT DESCRIPTION PROJECT: Panini Caf6 — Corona del Mar, CA 2421 East Coast Hwy (Vacant retail shop formerly'Orient Handel') PROJECT REQUEST: A request for approval of Use Permit to allow the operation of a 3,820 square - foot full- service restaurant with a net public area of 640 square feet and to allow alcoholic beverage service of Type "41" ABC License (On -Sale Beer and Wine Eating Place). Also requested are a consideration of Accessory Dining Permit to allow the operation of a 160 square -foot outdoor dining area in conjunction with the proposed restaurant and an approval of Off -Site Parking Agreement to accommodate off - street Employee Parking, utilizing the nearby property located at 7 Corporate Plaza. APPLICANT: Collection Investments Corona del Mar, inc., a Nevada Corporation Mr. Mike Rafipoor, President 17310 Redhill Avenue, Suite 250 Irvine, CA 92614 PROPERTY OWNER: Coast M Investments, Inc., a Nevada Corporation Mr. Mike Rafipoor, President 17310 Redhill Avenue, Suite 250 Irvine, CA 92614 AGENT: PLANET DESIGN William R. Edwards, Principal Architect 2435 East Coast Hwy, Suite 7 Corona del Mar, CA 92625 BUSINESS HOURS: 7:00am- 10:00pm, seven days a week DELIVERY HOURS: 9:00am- 11:00am & 2:00pm -4:00pm 17310 Redhill Avenue, Suite 250 Irvine, CA 92614 949.440.2024 SAA B Q/ IoNO, �z 8a01 WB� Cy .J PLANET P MGN.. 2435 East Coast Highway, Suite 7 Corona del Mar, CA 92625 949.721.5500 TYPE "41° LICENSE: The request for a Type "41" License would allow the restaurant to serve beer and wine with meals as is currently being served at the 2333 East Coast Highway location. PARKING SUMMARY: PATRON PARKING: REQUIRED: Sixteen (16) Spaces PROPOSED: Sixteen (16) Spaces per Exhibit XX ON -SITE: Sixteen (16) Spaces - Valet OFF -SITE: TBD (None specified) EMPLOYEE PARKING: OFF -SITE PROPOSED: TEN (10) Spaces (7 Corporate Plaza, Ref. Exhibit) IMPROVEMENTS TO THE BUILDING: INTERIOR: Complete Renovation anc Compliance EXTERIOR: Complete Renovation to 17310 Redhill Avenue, Suite 250 Irvine, CA 92614 949.440.2024 Structural Rehabilitation, with full ADA Italianate Traditional Theme 0 PLANET DESJCN 2435 East Coast Highway, Suite 7 Corona del Mar, CA 92625 949.721.5500 4 i fn &j fA G9 H3 fA G9 G9 M H3 V3 fA H3 Hi fA G9 V s h h G aG P h T MM MM MFRMM C� u Al h,M V O [✓�� N ¢o116 y a E• h U SS Vi Vl �', ii iC ii ik � R � iF E GI b P P P h y P P P P P P P P P G9 fA Fq G9 H3 bi V3 a fn 4 fA 69 fi f6 V} voo�3` gggg�a o, MMMMMM.� UM y p� $�ag.8o�� 5 sy: p y 0 �o 'a aF ME A ,P W h h h GO rMMMMM C 9 L s� y v U ° yd 4 ° YV W 3 R # R 8�w +� r w 5, M N O 0 ri N O M M M MMM 7 U W 8� W o� Z g W i v Z c � o a� U y �o � �yy .yry7 W U C O O ro .F I 14 .0 g V L 0 a �VyF �Uy MY 9 fL Cl m MMMMME9 FR tl3 v h and�?C fi.,U�y 8 rn a ppu u v) H h N N V! Pg, q 41, lo h t3 R C l .t a zwl UCC xv O gOCn ON m _ o SEA O s ��tn E fFj?[p u� E � r.yE� �pLS R7o ® b 5_ 'N VINV C%1HOp OGi ma ^rt {t A$ IZ66 3 V M', Py P, rYy, vt� 1tt��e P P I(R� V.y P. 1t9/J. 0, V. � 9 3 u �d a °a = 2sy a1 ILyZy�t "� a za, g I Q °m et m SF roht �oxV g ®;V;; ®(rte r'se a � OS. p Q O t � tns yuu �3 �3 `YL 5 im�'• EXHIBIT 3 PARKING /TRAFFIC MANAGEMENT PLAN PARKING / TRAFFIC MANAGEMENT PLAN PANINI CAFE- CORONA DEL MAR, CA OVERVIEW Panini Cafe (Applicant) proposes to provide complimentary valet parking for its customers during regular operating hours, as well as off -site employee parking (see attached executed Lease Agreement, Exhibit A). Additional attached exhibits present the Valet Parking Management Plan for the site. Signs will be erected at street level at the site entrance, within private property lines, to adequately direct patron traffic to the valet drop -off area. The drop - off and pick -up areas will be located at the rear of the building, just outside the entrance to the parking garage, within the boundaries of the property lines. ON -SITE VALET PARKING OPERATIONS Patrons will drive their vehicles N/B up the alley from Fourth Avenue and pull forward to the valet queuing location. Patrons will then exit the vehicle and receive a valet ticket which must be validated by their Panini server in order to reclaim their vehicle after dining. An elevator is available adjacent to the valet drop -off for customer convenience and direct access to street level dining. Valet attendants will then drive the vehicles in the parking garage and park vehicles according to the plan provided. The valet attendant(s) will direct departing restaurant patrons to carefully exit straight ahead down the alley to Fourth Avenue, and either to turn left to Dahlia, to proceed South on Pacific Coast Highway, or to turn right to Avocado, to proceed North (or South) on Pacific Coast Highway. The patrons will be instructed by the valet attendant(s) not to turn right at the alley and use Begonia Avenue, a nearby residential block. The Applicant's original traffic engineer provided two (2) exhibits for valet parking scenarios in the existing parking garage. The first on-site valet exhibit, 'Exhibit B,' depicts twelve (12) spaces including one (1) handicapped space, nine (9) standard spaces and three (3) tandem spaces. This exhibit was previously reviewed and approved by the Traffic Engineer at CNB. The second exhibit, 'Exhibit C,' depicts the same arrangement as above with an additional four (4) tandem spaces, totaling sixteen (16). This valet- managed parking scenario was reviewed by CNB Traffic Dept. and is submitted, as an as an alternate option, for review and approval by the Planning Commission. This option is supported by the fact that historically this parking garage location has been observed and documented to accommodate eighteen 17310 Redhill Avenue, Suite 250 Irvine, CA 92614 949.440.2024 PLANET DESIGN nMxI I'M" 2435 East Coast Highway, Suite 7 Corona del Mar, CA 92625 949.721.5500 (18) or more vehicles at a time when managed by the professional valet service. (See attached Exhibits D, E, & F.) Observations have also shown that this eighteen (18) space scenario as supports Traffic's recommendation that only one (1) car be moved to access any other parked vehicle. HOURS OF OPERATION: Panini Cafe will provide a minimum of one (1) parking attendant and two (2) during peak business hours (11:30am- 2:30pm M -F, and 9:00am- 2:00pm Sat & Sun) in order to prevent any stacking of vehicles on public property (i.e. alley). Valet operations shall not impact adjacent property across alley. The existing partial subterranean parking garage at the new Panini Cafe location is to be utilized as a valet parking facility as i has in the past by a professionally managed parking company. EMPLOYEE PARKING (OFF -SITE AT 7 CORPORATE PLAZA, NEWPORT BEACH) The opening and closing shifts at the current establishment located at 2333 East Coast Highway utilize four (4) employees and a maximum of eight (8) employees during the busiest hours during the regular shifts. With the proposed establishment, five (5) employees and a maximum of ten (10) employees during the busiest hours during the regular are anticipated by the Applicant from their experiences at the existing Panini Cafe La Jolla and Beverly Hills locations. The Applicant has secured ten (10) off -site parking spaces, located at nearby 7 Corporate Plaza to be designated as Employee Parking for Panini Cafe. A notarized Lease Agreement between Panini Cafe owner Mike Rafipoor, Applicant of off -site employee parking and OCRG -GE Corporation, owner of subject property at 7 Corporate Plaza has been fully executed. The term of the lease is five (5) years including an option to lease for an additional five (5) years. A copy of this executed Lease Agreement is attached as Exhibit A. OFF -SITE MANAGEMENT: The Panini Hospitality Group is willing to provide both technical and management enforcement techniques relative to Employee Parking, such as an electronic device at the garage to verify employee usage of this off -site location, together with a sticker for the employee vehicle (1 per car) — for purposes of verification of daily usage. This can then be confirmed when the employee walks from the designated parking location to the restaurant, together with the time -clock stamped ticket in hand upon reporting for work and then placed in the slot with time stamped employee card. Upon hiring, employees will sign a binding Agreement for use of Designated Employee Parking at 7 Corporate Plaza, with the written understanding that they would face termination if not compliant. A handout will be provided for employee reference which includes a map of the location and conditions of usage. 17310 Redhill Avenue, Suite 250 Irvine, CA 92614 949.440.2024 0 PLANET DESIGN 1V0.F 2435 East Coast Highway, Suite 7 Corona del Mar, CA 92625 949.721.5500 ``J DELIVERY VEHICLES AND SCHEDULING Delivery vehicles bringing produce and other supplies to the new Panini location will be limited to hours of 9:OOam to 11:00am in the morning and 2:OOpm to 4:00 pm in the afternoon. Applicant is currently exploring options to enable delivery trucks to unload at an adjacent location without blocking the alley, although local code allows them to utilize this right -of -way. CONCLUSION The decision for this plan for employee parking plan evolved from originally considering annual parking permits via the blue metered spaces at the nearby'Old School Park' public parking lot at Fourth Avenue and Dahlia. Former plans for other project(s) have been difficult to monitor whether by City or employers. Incentive for the employees is to have designated parking that they can count on instead having to contend with generally sparse curbside parking. This relative convenience and the security of the underground garage located at 7 Corporate Plaza location, together with the above described enforcement, should contribute to 'incentivizing' employees to utilize this location. 0 PLANET PES*IGN 2435 East Coast Highway, Suite 7 Corona del Mar, CA 92625 949.721.5500 ` r 08/21/2007 12:07 949 - 719 -7210 JULIEAAULT PAGE 01/02 USE AGREEWIENT This Agreement ( "Agreement ") is made and entered into as of August 1, 2007 by and between OCRC- GE CORP (hereafter "OCRC -GE ") , a Nevada Corporation and Coast M Investments, Inc., dba Panini Cafd, a Nevada corporation (hereafter Panini Cafe). 1.Premisea, OCRC -GE grants to Panini Cafd and upon all of the conditions set forth in this Agreement, a limited right to use a portion of the real property located at 7 Corporate Plaza, Newport Beach, California 92660, consisting of four (4) un- designated parking spaces located an the premises. (the "Premises "). 2-Tem. The term (the "Term ") of this Agreement shall he for a period of five (S) years commencing on upon the date Panini Cafe obtains a eerlifcate of occupancy to occupy and operate its restaurant business 242) East Pacific Coast Highway, Corona del Mar, California and ending sixty months after commencement, along with a sixty month (Option Term) option to renew this Use Agreement provided Panini Cafe is not then in default of any term of this Agreement and gives notice in writing to OCRC -GE of its intention to exercise its option not later than three months nor earlier than sixth months before the time the option period is to commence. 3-Fee. Panini Cafe shall pay to OCRC -GE a fee (the "Fee ") for the use of the Premises in the amount S 1,000 per month In advance, on the I st day of each month during the Term and during the Option Term. 4.Use. Cafd Panini shall use the Premises only for parking related to the conduct of its restaurant business located at 2421 E. Pacific Coast Highway, Corona del Mar. California. 5-Condition of Premises. Cafe Panini accepts the Premises in the condition existing as of the date of this Agreement. subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises. including any and all applicable business and park association rules. 6 Liability Insurance. Cafe Panini and any contractor of Cafd Panini utilizing the Premises including, without limitation, any valet service employed by Cafd Panini shall, at their own expense. obtain and keep in forte during the Term a policy of Combined Single Limit Bodily Injury and Property Damage insurance insuring Cafd Panini against any liability arising out of the use of thr Premises and all areas appurtenant thereto by Cafe Panini or any of its contractors. Such insurance shall be a combined single limit policy in an amount not less than $2.000.000 anti shall name OCRC -GF., Inc. as additional named insured. 7. Indemnity. Cafe Panini shall indemnify and hold hannlcss OCRC -GE from and against any and all claims arising in whole or part. from Cafd Panini's use of the Premises, or from the conduct of Cafe Panini's business or from any activity, work or things done, permitted or suffered by Cafe Panint in or about the Premises or elsewhere. 8. Defaults. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement: (a) "the failure by Cafe Panini to pay the Fee or any other payment required to be made by Cafe Panini, as and when due, where such failure shall continue for a period of ten (10) days after written notice from OCRC -GE to Cafe Panini; (b) The failure by Cafe Panini to observe or perform any of the covenants. conditions or provisions of this Agrcanent to be observed or performed by Cafd Panini , other than described in paragraph (a) above, where such failure shall continue for a period of ten (10) days after written notice from OCRC -GE to Cafe Panini, provided. however, that if the nature ofthc default is such that more than ten 00) days are reasonably required for its cure, then Caft Panini shall not be deemed to be in default if Cafe Panini commenced such cure within said 10 -day period and thereafter diligently prosecutes such cure to comp)cdon. A'JJ 08/21/2067 12:07 949- 719 -7210 JULIEAAULT PAGE 02/02 9. Remedies. In the event of any such material default or breach OCRC -GE may, at any time hereafter, with or without notice or demand terminate Panini Cafe's right to use the Premises by any lawful means, in which case this Agreement shall terminate without prejudice to its right to collect from Panini Cafd any Use Fee tamed to the point of lamination or enforce any other right or claim hereunder. Paragraph 7: Indemnity shall survive any such termination hereunder. August 1, 2007 Coast M investments, Inc., a Nevada corporal P ini oft 82e5 by: Mike RaBpoor, its President OCRC -GE, Inc., a Nevada 01eA-wco -'f PLIerl" `,'A ADDENDUM TO USE AGREEMENT DATED AUGUST I, 2007 This Addendum to the Use Agreement, executed as of August 1, 2007 by and between Coast M. Investments, Inc., a Nevada corporation, dba Panini Cafe and OCRC -GE, Inc., a Nevada corporation is made this September 6, 2007, in order to amend the number of parking spaces reserved for use by Coast M Investments, Inc. under the terms of this agreement by increasing the number from 4 (four) spaces to 10 (ten) spaces. All other terms and conditions of the Use Agreement which is attached to this Addendum as Exhibit "A" remain unaltered and in full force and effect. OCRC -GE, Inc. hereby certifies it has the right and authority to enter into this Use Agreement and Addendum without the necessity of the approval of any other parties. Dated: September 7, 2007 Coast M Investments, Inc., a Nevada corporation, db ini Cafe by: Mik a oor, its President OCRC -GE, Inc., a Nevada corporation by: 5-� FBI I r oil. "1 OZ da a A _ l d did, I S� a- �s t 52 A311V m 0 Z Z Q a �s n iR 0 Z F N X W I w fy IL W W � gd= <;,l) V MOMPIP i' pp I >o 'L o I �l n�% G 2 �1 co i FFF_ ,.1 1 } L- , Tnv 0 LLI z z Q IL iii W N u� =_ i7d�J Wco SS 7E — (L 440 > > >0,0 4 0 a- 6 E G = E 16 LLI LU a. 17 &P ca ca 'rill le ca Ilk* 'Oop ca 0 N ot E Hoddu.7 w (1) k, 0 4 0 00 4e 4; 0 40op X 0 ca iL WW ti ff, . I�k- EXHIBIT 4 PREVIOUS PARKING AGREEMENT BETWEEN HEMINGWAYS AND ORIENT HANDEL 5,) ax 14217Pe 1833 RCORDING REQUESTED BY AND WHEN RECORDED RETURN TO% EXEMPT =AMSEP EC ADS City Clerk `+7 iOSMU CI TY OF NEWPORT BEACH 3300 Newport Boulevard 14'81 Newport Beach, California 92663 Nroerdw Space Above This Line For Recorder's Use Only OFF -SITE PARKING AGREEMENT HEMINGWAYS RESTAURANT 2441 East Coast Highway Corona Del Mar, California 92625 IX �Cz 1C( ZD SepOp 2g Rr � +ery ciry ovT g81 aFF THIS AGREEMENT, made and entered into this day of March, 1981, by and between CITY OF NEWPORT BEACH, a municipal corporation and charter City, hereinafter referred to as "City," and ELIAS SHOKRIAN, hereinafter referred to as "Owner," and RANDALL H. JOHNSON, hereinafter referred to as "Lessee," is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties hereto: 1 .4 SEP28 1981" GYIP. i 5(N I. Owner owns certain real property located at 2421 East Coast Highway, in the City of Corona Del Mar, County of Orange, State of California, which real property is more particularly described as: Parcel 1 as shown on the Parcel Map filed in Book 68, Page 8 of Parcel Maps, Records of Orange County, California, hereinafter referred to as "the property "; and II. Lessee operates on property located at 2441 East Coast Highway a restaurant known as Hemingways. Provisions of the Newport Beach Municipal Code require persons conducting a restaurant, to provide parking spaces for their customers; and III. Lessee has applied to City for a Use Permit, has done so because Lessee proposes to expand the restaurant, and the changes proposed by Lessee are such that additional parking spaces must be provided by Lessee; and IV. Lessee has entered into a written agreement with Owner, which agreement grants to Lessee the exclusive right to use 10 automobile parking spaces on the property after 5:00 p.m.. A copy of the written agreement is attached hereto and marked Exhibit "A." V. The Planning Commission of the City of Newport Beach, in con }unction with its consideration of a Use Permit, recommended to the City Council of the City of Newport Beach approval of this Off —Site Parking Agreement after determining that the conditions of Section 20.30.035(D) of the Newport Beach Municipal Code were satisfied; and 2 V19 Vi. The City Council of the City of Newport Beach considered the proposed Off -Site Parking Agreement, determined that the Agreement satisfied the provisions of Section 20.30.035(D) of the Newport Beach Municipal Code, and authorized execution of this Agreement, NOW, THEREFORE, the parties hereto agree as follows: 1. Lessee shall execute, and do all things necessary to ensure the effectiveness and validity of, the written agree- ment pursuant to which Lessee has the right to automobile parking spaces on the property. Lessee further agrees to fully perform all of the duties and responsibilities imposed upon Lessee by the Lease Agreement (Exhibit "A ") pursuant to which Lessee has the right to parking spaces, and further agrees that any breach by Lessee of the terms of this written agreement constitutes a breach of this agreement. The duties of Lessee pursuant to this paragraph shall continue for such time as the Lessee operates a retaurant located at 2441 East Coast Highway, and with the characteristics, and intensity of use, authorized by the Lease and any previous approvals granted by City. 2. in the event that the use of the off - street automobile parking spaces provided for on this Lease Agreement (Exhibit "A ") are lost to Lessee, for any reason, Lessee agrees to do the following: a. Alter the characteristics of, or reduce the capacity of, the restaurant located at 2441 East Coast Highway, that the automobile parking spaces available to, and under the control of, Lessee are, given consideration to any nonconforming rights that Lessee may have as of the date of this Agreement, sufficient to satisfy the parking requirements of the Newport Beach Municipal Code; 3 4` b. Notify, in writing and within 30 days of the loss of the parking spaces, the Planning Director of the City of Newport Beach that automobile parking spaces previously available to Lessee are no longer available; and C. Prior to resuming business in the manner authorized prior to the loss of the parking spaces,Lessee shall submit to the Planning Director of the City of Newport Beach a new or amended Off -Site Parking Agreement, giving Lessee the use of at least the same number of parking spaces required by the Lease Agreement (Exhibit "A ") and this agreement and shall further obtain such recommendations and approvals of such agreement, by the Planning Commission and City Council of the City of Newport Beach, as required by the Charter of the City of Newport Beach and the Newport Beach Municipal Code. 3. Lessee shall, at all times the restaurant is open for business, provide a sufficient number of parking attendants to ensure that the off - street parking spaces are utilized for the , purposes intended. 4. Lessee shall fully perform all of the conditions of approval imposed by the Planning Commission and /or City Council of the City of Newport Beach in conjunction with the approval of the use Permit. The minutes of the_Planning Commission and /or City Council reflecting the conditions imposed are attached hereto, marked Exhibit "S ", and are incorporated herein by reference. 5. Lessee shall, at least 90 days prior to the expira- tion of the written Lease Agreement, (Exhibit "A ") provide a new or amended parking agreement which grants the use of at least the same number of parking spaces required by this Agreement and 4 ON4Z contains terms no more restrictive than those contained in the existing Lease Agreement, (Exhibit "A "). 6. This Agreement shall run with the property shall bind the heirs, successors -in- interest, transferees, vendees, and /or assignees of the parties hereto, and shall be recorded in the Office of the County Recorder of the County of Orange. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF NEWPORT BEACH A Municipal Corporation ay ATTEST: I t City Clerk OWNER STATE OF CALIFORNIA ) STATE OF CALIFORNIA COUNTY OF Orange "• rsigned, a ed E o. May 28. 1981 , be1Pr• me, the e..danwnad. , Notary Pebllc Id and +•r ' ibed to the J pPe d Randall H. Johnson same. said Sru•, per,.- -11 E E E a known ro m. 1. be the Perso - -haac name i5 OFFICIAL ssAL subsWlbid to the wirhin insrrumem and acknowledged tP ma Go MARGARE( M. FERNANDEZ 7 tMr he d the same. N�lR NCUSLi O cM INMM e VTENEZ hand end of W us1-'� a ORANGE COUNTY 9 7lh 6G M tomminllm Expim November 6.1931 W Sig aw - .'.� — i rgaret ernan ez ., - - i I Name (TTped a Primed) IThb.. let emdal norari,t "I I., Est burned 1972 2441 East Coast Highway • Corona Del Alar. Califot a ia92625 o (71 41 673-0120 LE T I T E R or I N T E N T M, 14 Y.S. is to ccnfirm that ELIAS SHO-KRU0q, hereby refe=d n as Lessor, is Tqillito6g to enter into as initial three <3) ,ear iease st «at p..i-rking of the premises as 242� 1-..' C=Oyj.5 Del Pier, California, with Hr.'M!C4 !AY S RESTAURANT, he'-- I, __,erred to os Lessee, at the rental fee of Three Hund---el per moncii. V:c -a sea of the -ar-kixig on this lease shall be for c Gi%ly fl-cluaina Weekends). fhe c0lownitneement: date Shall be when. thy-premic:es are f:jj-,y 'Acval0-P-,: i' the 'IsWs; of L�e said purpose P.-Id Shall . -- .-:;�7 1 wit'i tns forth by the Modificaticns 11iz Fsznit -1770). EXHIBIT "A" . .............. V HEMIN:'- 11-44 PARKIN OT LEASE AC'RFFMENT This Parking Lot Lease Agreement in theory is made and executed this 12th day of June, 1996, by and between HASEM M. KERMANI dba Orient Handel, (hereinafter called "Lessor'D and MARK AND CINDY HOLECHEK of Holechek Foods and Spirits, Inc., (hereinafter called "Lessee'D, and shall run concurrent with the Conditional Use Permit. WI'iNESSETH: That each of the aforesaid parties acknowledges the receipt of a valuable consideration from the other and that they and each of them act herein in further consideration of the engagements of the other as herein stated, that specifically the Lessor, for and in consideration of the rents hereinafter received by the Lessor and the covenants and conditions herein agreed to be kept and performed by the Lessee, does hereby demise, lease and let onto the Lessee, and the said Lessee does hereby hire, accept and take from the Lessor that certain parcel of real property described as: Parcel 1 as shown on the parcel map filed in book 68, page 8 of Parcel Maps Records of Orange County, Ca. Property identified as the entire parking structure, with the exception of one space reserved for Lessor's vehicle, at the rear of 2421 E. Coast Highway, Corona Del Mar, Ca. 92625 Said real property (hereinafter called "Property ") to be used only for the purpose of a parking lot under the following terms and conditions: 1 • TERM- The term of this lease shall be for an initial period of five (5) years, commencing on September 1, 1996 and terminating on August 31, 2001, with an additional option period of five (5) years with the same terms as stated in item #2 . 2• RENT. The rent for the initial term shall be payable on the fast day of each month and there will be an annual increase of 5% each and every year for the term of this lease. The payment schedule will be the following: Sept. 1, 1996 -Aug. 31, 1997 $850.00 Sept. 1,1997- Aug. 31, 1998 $892.00 Sept. 1, 1998- Aug. 31, h 999 $937.00 Sept. 1. 1999- Aug. 31, 2000 $984.00 Sept. 1. 2000- Aug. 31, 2001 $1033.00 OPTION PERIOD Sept. 1. 2001- Aug. 31, 2002 $1085.00 Sept.l, 2002- Aug. 31, 2003 $1139.00 Sept. 1. 2003- Aug. 31, 2004 $1196.00 Sept. 1. 2004- Aug. 31, 2005 $1256.00 Sept. 12 2005 - Aug. 31, 2006 $1319.00 3. IIQII&i: Lessee shall have the use of the property each day of the week including Saturdays and Sundays from the hours of 6:00 pm. to 2:00 am. In witness whereof, the parties hereto have duly executed this Parking Lot Lease Agreement the year and the day first above written. FOR �L2SO�te•...� � FOR LESSEE: SEM M. K$RM NI, MARK & CIMY HOLECHE L" e` s e f"I 4% ii.fvl�tj� c¢�R��C`t LCf�1Ccl� st9iC�Y EXHIBIT 5 POLICE DEPARTMENT MEMORANDUM City of Newport Beach Police Department Memorandum July 17, 2007 TO: Rosalinh Ung — Staff Planner FROM: Detective Doug Jones SUBJECT: UP2007 -010 The Police Department has reviewed the Project Review Request for the Panini Cafe located at 2421 East Coast Highway, which is a current retail shop called Orient Handel. Per the plans submitted by Planet Designs Incorporated and the Project Description submitted by representatives of Panini Cafe, the Cafe will have a total interior area of approximately 3,712 square feet with a net dining area of approximately 800 square feet (including an outdoor patio of approximately 160 square feet). The total seating for the public dining areas will be approximately 48 seats. There will be no dancing or live entertainment. The applicant has supplied information regarding his intent to apply for a Type 41 license (On -Sale Beer & Wine Eating Place) with the Department of Alcoholic Beverage Control. On July 17, 2007, 1 contacted Roxie Cooley, a representative for Panini Cafe. They intend on transferring their existing Type 41 license, which will include all the conditions previously approved, to the new location. We have included a report by Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this new location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council per capita average of ABC licenses. Applicant History Per the Project Description report supplied by the applicant, and conversations with Roxie Cooley, Panini Cafe is a full - service, high turnover eating and drinking establishment that also offers retail items. They specialize in European and Mediterranean cuisine. 85% of the business revenue is generated from food service, while 15% of the business revenue is generated from the sale of beverages, alcoholic and non - alcoholic. Panini Cafe is currently located at 2333 East Coast Highway and is looking to relocate to a larger building that can better accommodate their catering business. Panini Cafes are located in La Jolla and Beverly Hills. \A, Panini Cafe UP2007 -010 Page 2 of 3 Signs and Displays Any signs or displays would need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Hours of Oneration The proposed hours of operation will be from 7:00 am to 9:00 pm Sunday thru Wednesday, and 7:00 am to 10:00 pm Thursday thru Saturday. Security Due to the location of the caf6 being in an area where the number of crimes is 75% more than the average of all reporting districts in the City, the Police Department would like the applicant to develop a security plan designed to ensure compliance with applicable state and local laws, the conditions of the ABC license, the use permit, and other such permits issued by the City. This plan must be approved by the Police Department prior to final approval. Employee Training Require all owners, managers and employees serving and /or selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments The Police Department has no objection to the operation as described by the applicants. For the purposes of this application, staff may also want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. It may also be appropriate to establish conditions that would address possible future uses in the event this business evolves towards a traditional bar -type establishment. In addition, the Police Department believes the following conditions would be appropriate for the Conditional Use Permit for the business: 0 Panini Cafe UP2007 -010 Page 3 of 3 1. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 3. No "happy hour" t;1pe of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 4. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 5. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 6. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 7. There shall be no dancing or live entertainment allowed on the premises. If you have any questions, please contact me at (949) 644 -3709. Detective Doug Jones Vice and Intelligence Unit _,�N\ City of Newport Beacln Police Department Memorandum July 17, 2007 TO: Rosalinh Ung, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Panini Hospitality Group at 2421 East Coast Hwy. This area encompasses our reporting district (RD) number 44 as well as part of Census Tract 627.01. This report reflects City of Newport Beach crime data for calendar year 2006, which is the most current data available. Calls for Service Information City wide there was 65,876 calls for police services during this time, of which 4,545 were in RD 44. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,676 crimes reported to the Newport Beach Police Department during this period. Of this total, 3,075 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,601 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,803.22 per 100,000 people. The national Part One crime rate was 4,063.4* per 100,000 people. Crimes RD 44 Newport Beach California* National* Part 1 184 3,075 1,390,709 11,556,854 Part 2 195 3,601 N/A N/A Part 1Crime Rate 3,293.95 3,803.22 3,848.95 3,898.94 The number of active ABC licenses in this RD is 25 ** Per capita ratio 1 license for every 223 residents. This reporting district had a total of 379 reported crimes ds compared to a City wide reporting district average of 174 reported crimes. This reporting district is 205 crimes or 117.729/6 above the City wide reporting district average. This location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K -7" policy. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. _1� Arrest Information There were 32 DUI arrests and 33 Plain Drunk arrest in this area during this same period as compared to 1,285 for the entire city. This RD amounts to 5.06% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 44 Newport Beach California* National* (DUI/Drunk) 65 1,285 N/A N/A Total Arrests 179 3,456 1,457,151 9,579,611 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD-4,=d RD %V b3 A3 Crimes RD 43 RD 39 Part 1 33 301 Part 2 41 330 Crime Rate 3,095.68 34,677.42 Arrests (DUI/Drunk) 15 82 Total Arrests 53 236 Calls For Service 1,054 4,677 Number of active ABC licenses 7 ** 38 ** Per capita ratiol license for every 152 ** 23* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 80,800. *These numbers are from the 2005 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit .,..- oix a Ua C �! Z O O CO N BpVOL,g83 2 LA y W Ln b ��ap. a6 °ems 410 �� ' Ma ARTHUR co 2 yhHlbbu .SIX: .: m yR, IM.;'; iZ O N b' co .JN H 3 N• r m $ N y p•b� A ��b U) W �- 7s 1bOdM3M W ' x Ln u J r"i O tp EXHIBIT 6 PARKING (USE) AGREEMENT WITH OCRC -GE 4 -: -- - RECEIVED BY PLANNING 151PAR'PM047 USE AGREEWNT AUG 24 2007 This Agreement ( "Agreement ") is made and entered into as of August 1, 200C"a WWWCBEACH OE CORP (hereafter "OCRC -GE ") , a Nevada Corporation and Coast M Investments, Inc., dba Panini Cafd, a Nevada corporation (hereafter Panini CaO). 1.Premises. OCRC -GE grants to Panini Cafd and upon all of the conditions set forth in this Agreement, a limited right to use a portion of the real property located at 7 Corporate Plaza, Newport Beach, California 92660, consisting of four (4) un- designated parking spaces located on the premises. (the "Premises "). 2.Term. The term (the "Term ") of this Agreement shall be for a period of five (5) years commencing on upon the dale Panini Cafd obtains a certificate of occupancy to occupy and operate its restaurant business 2421 East Pacific Coast Highway, Corona del Mar, California and ending sixty months after commencement, along with a sixty month (Option Term) option to renew this Use Agreement provided Panini Cafe is not then in default of any term of this Agreement and gives notice in writing to OCRC -GE of.its intention to exercise its option not later than three months nor earlier than sixth months before the time the option period is to commence. 3 -Fee. Panini Cafe shall pay to OCRC -GE a fee (the "Fee ") for the use of the Premises in the amount $1,000 per month in advance, on the I st day of each month during the Term and daring the Option Term. 4.Use. Cafd Panini shall use the Premises only for parking related to the conduct of its restaurant business located at 2421 E. Pacific Coast Highway, Corona del Mar, California. S.Condition of Premises. Cafd Panini accepts the Premises in the condition existing as of the date of this Agreement, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, including any and all applicable business and ,park association rules. b Liability Insurance. Cafe Panini and any contractor of Cafd Panini utilizing the Premises including. without limitation, any valet service employed by Cafd Panini shall, at their own expense, obtain and keep in force during the Term a policy of Combined Single Limit.Bodily Injury and Property Damage insurance insuring Cafd Panini against any liability arising out of the use of the Premises and all areas appurtenant thereto by Cafe Panini or any of its contractors. Such insurance shall be a combined single limit policy in an amount not less than $2,000,000 and shall name OCRC -GE, Inc. as additional named insured, 7. Indemnity. Cafd Panini shall indemnify and hold harmless OCRC•GE from and against any and all claims arising in whole or part, from Cafe Panini's use of the Premises, or from the conduct of Cafd Panini's business or from any activity, work or things done, permitted or suffered by Cafe Panini in or about the Premises or elsewhere, 8. Defaults. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement: (a) The failure by Cafe Panini to pay the Fee or any other payment required to be made by Cafd Panini, as and when due, where such failure shall continue for a period of ten (10) days after written notice from OCRC -GE to Cafd Panini; (b) The failure by Cafd Panini to observe or perform any of the covenants, conditions or provisions of this Agreement to be observed or performed by Cafd Panini , other than described in paragraph (a) above, where such failure shalt continue for a period of ten (10) days after written notice fFom OCRC -GE to Cafd Panini, provided, however, that if the nature of the default is such that more than ten (10) days are reasonably rcquired for its cure, then Cafe Panini shall not be deemed to be in default if Cafe Panini commenced such cure within said 10 -day period and thereafter diligently prosecutes such curt to completion. 9, Remedies. in the event of any such material default or breach OCRC -GE may, at any time hereafter, with or without notice or demand terminate Panini Cafe's right to use the Premises by any lawful means, in which case this Agreement shall terminate without prejudice to its right to collect from Panini Caft any Use Fee earned to the point of termination or enfbree any other right or claim hereunder. Paragraph 7: Indemnity shall survive any such termination hereunder. August 1, 2007 Coast M Investments, Inc., a Nevada corporat P lainjW6 ivy. Mike Rafipoer, its President OCRC-GI , [tic., a Nevada DECLARATION OF IGOR OLENICOFF RE AUTHORITY TO ISSUE PARKING USE AGREEMENT I, Igor Olenicoff, declare as follows: I. I am over the age of eighteen years, and I know the facts 1 state below of my own first hand knowledge. If called and sworn as a witness I could and would testify competently thereto. 2. I am the principal officer of OCRC -GE CORP., a Nevada corporation, which owns that certain real property commonly known as 7 Corporate Plaza, Newport Beach, California, and I am authorized to make this declaration in its behalf. 3. OCRC -GE CORP. has duly authorized the use of four (4) of its owned parking spaces at 7 Corporate Plaza, Newport Beach, California, by Coast M Investments, Inc., dba Panini Cafd, pursuant to that certain Use Agreement, dated August I, 2007, by and between these parties. A copy of said agreement is attached hereto as Exhibit "A ". 4. OCRC -GE CORP is the owner in fee of the parking spaces it has contracted for use to Panini C06 and may do so free of the rights and claims of any third party. The spaces OCRC- GE CORP is licensing to Panini Cafe under its Use Agreement are exclusive to Panini Cafd and have not been leased or their usage promised to any other party. I declare under the penalty of perjury that the foregoing is true and correct, and that I have executed this declaration in Newport BeacW4ikrnia on Aug 2�, 2007. Igor Me 1 ADDENDUM TO USE AGREEMENT DATED AUGUST 1, 2007 This Addendum to the Use Agreement, executed as of August 1, 2007 by and between Coast M. Investments, Inc., a Nevada corporation, dba Panini Cafe and OCRC -GE, Inc., a Nevada corporation is made this September 6, 2007, in order to amend the number of parking spaces reserved for use by Coast M Investments, Inc. under the terms of this agreement by increasing the number from 4 (four) spaces to 10 (ten) spaces. All other terms and conditions of the Use Agreement which is attached to this Addendum as Exhibit "A" remain unaltered and in full force and effect. OCRC -GE, Inc. hereby certifies it has the right and authority to enter into this Use Agreement and Addendum without the necessity of the approval of any other parties. Dated: September 7, 2007 Coast M Investments, Inc., a Nevada corporation, db im Cafe Pe a-C by: Mikd"RiWor, its President 0CRC -GF. Inc.. a Nevada 60� EXHIBIT 7 LETTERS IN OPPOSITION (o Page 1 of 2 Ung, Rosalinh From: Lepo, David Sent: Wednesday, August 29, 2007 1:26 PM To: 'mmorgan13 RR'; Gardner, Nancy Cc: bhillgren @cox.net; Ung, Rosalinh Subject: RE: Public Notice PA2007 -063 Panini Cafe Mr. and Ms. Morgan: I received your comments on the Panini Cafe application. Your points are well -taken and will be reflected in the staff report we submit to the Planning Commission on this application. Rosalinh Ung is the project planner on this application and can be reached at (949) 644 -3229 if you have questions or additional comments. Thank you for taking the time to let me know your thoughts on this project. David Lepo, Director Planning Department City of Newport Beach (949) 644 -3228 w (949) 644 -3229 f From: mmorgan13 RR [ mailto :mmorganl3 @roadrunner.com] Sent: Tuesday, August 28, 2007 9:53 PM To: Gardner, Nancy Cc: Lepo, David; bhillgren @cox.net Subject: Public Notice PA2007 -063 Panini Cafe We just received notice that Panini's (a restaurant we all enjoy) has plans for an outdoor dining area, and more parking offsite at 7 Corporate Plaza (that is across PCH off Avocado where the Wells Fargo Bank is located!) How they will get the cars parked back and forth across PCH will be a concern. Our assumption is that there will be valet parking ( ?), which will most probably not be allowed on PCH. That means it will be within the alleyway behind the restaurant. The Begonia to Carnation alleyway already has the congestion of valet parking from Bungalows and Rothchild's. These alleys are not designed for valet parking and the traffic that entails, and is compounded by valets using our neighborhood streets for their overflow parking, which sometimes includes the red zones. In addition, the Wine Gallery/tasting shop has doubled in space and, due to the type of business, more parking will be required. This means we will have more early morning to late night noise, congestion and parking of patrons and workers for Ruby's, Panini's new space, Rothchild's, Bungalow's, the coming Crow Bar and Kitchen (locating in the old Garlic Joe's Restaurant building,) then maybe yet another restaurant in the old Panini's space within our 2 -block neighborhood! For Acacia and Begonia residents, there are also Eagle laundry patrons and others using the residential alleys as a public route, and there is a gap -gate directing traffic from Begonia into the alleyway that funnels toward Acacia or ... the residents' garages alleyway. Many times, the alleys and streets are blocked by cars parking illegally, and it is amazing the number of headlights and noise that come from the alleyways. We can't imagine what it will be like when that number is doubled or tripled with the added traffic, especially with all the hustle and bustle of valet service for Panini's, Rothchild's and Bungalows funneling traffic onto Begonia. Neighbors have been awakened late at night by patrons of the area restaurants .... and later, by workers leaving the restaurants. Then, early mornings (sometimes 5:30a.m!) service and delivery trucks are 08/29/2007 Page 2 of 2 unloading and waiting on the restaurant staff to arrive. Dumpsters from the PCH restaurants and businesses are located right beside /under some residential windows and doors, and because most are out in the open, they are regularly used by "everyone." Trash is always around and under dumpsters, which creates environments for rats/varmints to multiply. We all pick up litter every day from the workers and patrons of area businesses. We would like the Planning Commission and City Council to realize that there are dozens of houses and residents affected by these decisions. We have increasing concerns about the traffic patterns, area business patrons using the residential alleys as thoroughfares, increased noise levels and increased number of service trucks and garbage dumpsters coming into our already crowded neighborhood. So much for the residents enjoying our lovely little neighborhood atmosphere, but our main concern is that our property values may be affected by all the increased congestion! John and Margaret Morgan 709 Begonia Avenue CDM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.484 / Virus Database: 269.12.10/976 - Release Date: 8/27/2007 6:20 PM 08/29/2007 (.4Da Page 1 of 2 Ung, Rosalinh From: Lepo, David Sent: Wednesday, August 29, 2007 1:28 PM To: 'Ron Saienni';'mmorganl3 RR'; Gardner, Nancy Cc: bhillgren @cox.neF Ung, Rosalinh Subject: RE: Public Notice PA2007 -063 Panini Cafe Mr. Saienni: Thank yoga for taking the time to let me know of your concerns. I will make sure that the Planning Commission considers your comments before taking action on this application. Rosalinh Ung, Associate Planner, is managing this project and can answer any questions or receive additional comments you may have. David Lepo, Director Planning Department City of Newport Beach (949) 644 -3228 w (949) 644 -3229 f From: Ron Saienni [maifto:resaienni @bltmore.com] Sent: Wednesday, August 29, 2007 7:45 AM To: 'mmorgan13 RR'; Gardner, Nancy Cc. Lepo, David; bhiligren @cox.net Subject: RE: Public Notice PA2007-063 Panini Cafe Nancy, I called last week and voiced my concerns and you returned my phone call —thank you. I have the same ongoing concerns as the Morgan's and will be out of town next week and unable to attend the Council meeting. Please be advised that I concur with the potential problems listed below and am against expansion of restaurants in this area. Thank you, Ron Saienni BILTMORE COMMUNITIES INCORPORATED Ronald C. Saienni BCSalanni gbltmore corn Cell. 949/246 -2546 Ph: 949/675 -5577 Fax: 949/675 -5533 705 Begonia Avenue, Corona Del Mar, CA 92625 From: mmorgan13 RR [mailto :mmorganl3 @roadrunner.com] Sent: Tuesday, August 28, 2007 9:53 PM To: gardnerncy @aol.com Cc: dlepo @city.newport- beach.ca.us; bhillgren @cox.net Subject: Public Notice PA2007 -063 Panini Cafe We just received notice that Panini's (a restaurant we all enjoy) has plans for an outdoor dining area, and more parking offsite at 7 Corporate Plaza (that is across PCH off Avocado where the Wells Fargo Bank is located!) How they will get the cars parked back and forth across PCH will be a concern. Our assumption is that there will be valet parking ( ?), which will most probably not be allowed on PCH. That means it will be within the alleyway behind the restaurant. The Begonia to Carnation alleyway already 08/29/2007 (b 45 Page 2 of 2 has the congestion of valet parking from Bungalows and Rothchild's. These alleys are not designed for valet parking and the traffic that entails, and is compounded by valets using our neighborhood streets for their overflow parking, which sometimes includes the red zones. In addition, the Wine Gallery/tasting shop has doubled in space and, due to the type of business, more parking will be required. This means we will have more early morning to late night noise, congestion and parking of patrons and workers for Ruby's, Panini's new space, Rothchild's, Bungalow's, the coming Crow Bar and Kitchen (locating in the old Garlic Joe's Restaurant building,) then maybe yet another restaurant in the old Panini's space within our 2 -block neighborhood! For Acacia and Begonia residents, there are also Eagle laundry patrons and others using the residential alleys as a public route, and there is a gap -gate directing traffic from Begonia into the alleyway that funnels toward Acacia or ... the residents' garages alleyway. Many times, the alleys and streets are blocked by cars parking illegally, and it is amazing the number of headlights and noise that come from the alleyways. We can't imagine what it will be like when that number is doubled or tripled with the added traffic, especially with all the hustle and bustle of valet service for Panini's, Rothchild's and Bungalows funneling traffic onto Begonia. Neighbors have been awakened late at night by patrons of the area restaurants .... and later, by workers leaving the restaurants. Then, early mornings (sometimes 5:30a.m!) service and delivery trucks are unloading and waiting on the restaurant staff to arrive. Dumpsters from the PCH restaurants and businesses are located right beside /under some residential windows and doors, and because most are out in the open, they are regularly used by "everyone." Trash is always around and under dumpsters, which creates environments for rats /varmints to multiply. We all pick up litter every day from the workers and patrons of area businesses. We would like the Planning Commission and City Council to realize that there are dozens of houses and residents affected by these decisions. We have increasing concerns about the traffic patterns, area business patrons using the residential alleys as thoroughfares, increased noise levels and increased number of service trucks and garbage dumpsters coming into our already crowded neighborhood. So much for the residents enjoying our lovely little neighborhood atmosphere, but our main concern is that our property values may be affected by all the increased congestion! John and Margaret Morgan 709 Begonia Avenue CDM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.484 / Virus Database: 269.12.10/976 - Release Date: 8/27/2007 6:20 PM 08/29/2007 1��4 Page 1 of 1 Ung, Rosalinh From: AlRon7099 @aol.com Sent: Thursday, August 30, 2007 2:31 PM To: Ung, Rosalinh Subject: Notice PA2007 -063 Dear Sir or Madam: Please let this email serve as a written issue concerning the application ( #PA2007 -063) of Parini Cafe at 2421 East Coast Highway; Corona Del Mar. I am an adjacent property owner and have had many occasions that Parini has used my parking lot for its delivery persons, employees and customers. The pad -locks that secure the parking lot have been cut, and bollards vandalized. Their delivery persons have damaged adjacent property line wall, my property line walls, parking safety bollards, and even damaged the grease trap interceptor. They have been a difficult neighbor, and the "use" of parking in Corporate Plaza and the City Parking lot will be difficult to enforce -will the city be enforcing the parking? With the modifications to the laws about towing vehicles, I can only see that I will continue to have my property trespassed upon, vandalized, and with continued problems for towing vehicles of their employees and Invitees from my property. Cafe Panini was never to have had a full restaurant kitchen in his current location, nor service of Breakfast, Lunch and Dinner, but he just installed a kitchen, expanded his hours of operation, and paid a fine for no permit, and does as he pleases. Cafe Panini has 12 parking spaces in his new proposed location, and his food service should be limited to space that utilizes that number of spaces -no more. Thank you for your attention on this matter. Sincerely, Allyson Boll n-Presta, property owner 2325 East Coast Highway and 710 Acacia Corona Del Mar Get a sneak peek of the all -new AQL.com. 08/30/2007 VDI Dear Planning Commission, Re: Protect the residents of Corona Del Mar can't park my car.. . I'mtwe are against the issuance of any further restaurant permits between the blocks of Avocado and Carnation on PCH in Corona Del Mar. This will further impact the parking in our neighborhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway Signed, So Address k 'L kab Name Date Phone # (Optional) Please Sign and Fax/Scan -Email this form and send to: The City Planner and City Council Member below Rosalinh Ung City Planner rung(a)citv.newi)ort- beach.ca.us P# 949.644.3208 F# 949.644.3229 Nancy Gardner City Council Member for CDM gardnerncy(a)aol.com P# 949.735.8229 F# not available email only L�M Dear Planning Commission, Re: Protect the residents of Corona Del Mar can't park my car... I'm /we are against the issuance of any further restaurant permits between the blocks of Avocado and Carnation on PCH in Corona Del Mar. This will further impact the parking in our neighborhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway Sc) Address LO 0 Phone # Please Sign and Fax/Scan -Email this form and send to: The City Planner and City Council Member below Rosalinh Ung City Planner rung(a)city. newport- beach.ca. us P# 949.644.3208 F# 949.644.3229 Nancy Gardner City Council Member for CDM gardnerncy(cDaol.com P# 949.735.8229 F# not available email only IJA Dear Planning Commission, Re: Protect the residents of Corona Del Mar I can't park my car... I'm /we are against the issuance of any further restaurant permits between the blocks of Avocado and Carnation on PCH in Corona Del Mar. This will further impact the parking in our neighborhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway Signed, Date Phone # Please Sign and Fax /Scan -Email this form and send to: The City Planner and City Council Member below Rosalinh Ung City Planner runci (ED-city.newport- beach.ca.us P# 949.644.3208 F# 949.644.3229 Nancy Gardner City Council Member for CDM aardnemcy(cDaol.com P# 949.735.8229 F# not available email only C9 Dear Planning Commission, Re: Protect the residents of Corona Del Mar I can't park my car... I'm /we are against the issuance of any further restaurant permits between the blocks of Avocado and Carnation on PCH in Corona Del Mar. This will further impact the parking in our neighborhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway Signed, WAAA I'�XA.Mer L • 1�7 (did- Please Sign and Fax /Scan -Email this form and send to: The City Planner and City Council Member below Rosalinh Ung City Planner runaCcDcity. newport- beach.ca.us P# 949.644.3208 F# 949.644.3229 Nancy Gardner City Council Member for CDM gardnerncy(a)aol.com P# 949.735.8229 F# not available email only f To the Newport Beach Planning Commission: To the Newport Beach City Council. I a►n/we are against the issuance of any further restaurant permits that include liquor serving Privileges between the blocks,ofAvocado and Carnation on PCH in Corona del Mar. There are TEN EXISTING sites and it Is unconscionable to ask residents to accept an ELEVENTH. PLEASE deny the aermitl Protect thq residents of Corona del Mar. PH& name print name Telephone (optional) (C) ..S.o U�`L Dear Planning Commission, Re: Protect the residents of Corona Del Mar I can't park my car... I'm /we are against the issuance of any further restaurant permits between the blocks of Avocado and Carnation on PCH in Corona Del Mar. This will further impact the parklna in our nelahborhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Hi hwa Please Sign and Fax/Scan-Email this form and send to: The City Planner and City Council Member below Rosalinh Ung City Planner rung Mcitv.newaort- beach.ca.us P# 949.644.3208 F# 949.644.3229 Nancy Gardner City Council Member for CDM gardnemcyMaol.com P# 949.735.8229 F# not available email only Dear Planning Commission, Re: Protect the residents of Corona Del Mar I can't park my car... I'm /we are against the issuance of any further restaurant permits between the blocks of Avocado and Carnation on PCH in Corona Del Mar. This will further impact the parking in our neighborhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway Signed, Please Sign and Fax /Scan -Email this form and send to: The City Planner and City Council Member below Rosalinh Ung City Planner rung(a)-city. newport- beach.ca. us P# 949.644.3208 F# 949.644.3229 Nancy Gardner City Council Member for CDM pardnerncy()aol.com P# 949.735.8229 F# not available email only N-\ Dear Planning Commission, Re: Protect the residents of Corona Del Mar can't park my car... I'mlwe are against the issuance of any further restaurant permits between the blocks of Avocado and Carnation on PCH in Corona Del Mar. This will further impact the park n-q in our neiahborhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway Signed, Please Sign and Fax /Scan -Email this form and send to: The City Planner and City Council Member below Rosalinh Ung City Planner runnOlcitv.newport- beach.ca.us P# 949.644.3208 F# 949.644.3229 Nancy Gardner City Council Member for CDM cardnemcv@aol.com P# 949.735.8229 F# not available email only 1�� Dear Planning Commission, Re: Protect the residents of Corona Del Mar I can't park my car.. . I'm /we are against the issuance of any further restaurant permits between the blocks of Avocado and Carnation on PCH in Corona Del Mar. This will further impact the parking in our neighborhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway Signed, Print Name 2 Phone # Please Sign and Fax /Scan -Email this form and send to: The City Planner and City Council Member below Rosalinh Ung City Planner rung cDcity.newport- beach.ca.us P# 949.644.3208 F# 949.644.3229 Nancy Gardner City Council Member for CDM as rd n ern cy(cDao I . co m P# 949.735.8229 F# not available email only Dear Planning Commission, Re: Protect the residents of Corona Del Mar I can't park my car... I'm /we are against the issuance of any further restaurant permits between the blocks of Avocado and Carnation on PCH in Corona Del Mar. This will further impact the parking in our neighborhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway Signed, L'1^ Please Sign and Fax /Scan -Email this form and send to: The City Planner and City Council Member below Rosalinh Ung City Planner rune Ocity. newport -beach .ca. us P# 949.644.3208 F# 949.644.3229 Nancy Gardner City Council Member for CDM oardneMgMaol.com P# 949.735.8229 F# not available email only VNn To the Newport Beach Planning Commission: To the Newport Beach City Council: I amlwe are against the issuance of any further restaurant permits that include liquor serving privileges between the blocks, of Avocado and Carnation on PCH in Corona del Mar. There are TEN EXISTING sites and it is unconscionable to ask residents to accept an ELEVENTH. PLF EASE deny the permit.+ Protect the residents of Corona del Mar. Signeo, signatures) print name signature(s) print name * Telephone (options!) afi f "-723 - 00 % cK 0S (0) 0 63 Donald R. Lawrenz President September 10, 2007 Ms. R. Ung Newport Beach Planning Department City Hall 3300 Newport Blvd. Dear Ms. Ung: PENSION ADMINISTRATORS, INC. RECEIVED BY PLANNING DEPARTMENT SEP 13 2007 CITY OF NEWPORT BEACH RE: PA2007.063, Application of Panini Hospitality Group located at 2421 E. Coast Highway; OP2007 -001, OD2007 -006, UP2007.010 I am the owner of the property at 2435 E. Coast Highway, Corona del Mar adjoining to the subject property. I also currently lease my "after 5" parking lot to the owner of the Bungalow restaurant and this lease runs to 2009. I wish to enter my comments and objections to the proposed change from a retail carpet store into a casual use restaurant with alcohol. I have a hard time understanding how the City can put 4 casual use restaurants, with 3 of the restaurants serving alcohol, in such a small area abutting directly to an R4 residential area. Frankly there is inadequate parking for the 3 restaurants currently located there. While the applicant does provide some underground parking, it is inadequate for the customers and employees that would be using the facility. Additionally, the outside dining proposal would be a problem. My property has had encounters with two car collisions with motorists coming off MacArthur and failing to navigate the turn onto the Coast Highway. One of the collisions closed our storefront for several months. Certainly subjecting casual diners to fumes, dirt and possible altercations with impaired drivers and vehicles is not in anyone's best interest. I understand that this application PA2007 -063 will continue to the 9120 meeting and I ask that these comments be entered into the report for this meeting. V truly yours, 424 Donald:R, Lawrenz, President Pension Administrators, In C. CC: Mike Isaacs, Realonomics 2505 McCabe Way • Irvine, CA 92614 -6243 Vi_` EXHIBIT 8 LETTERS OF SUPPORT N10 Page 1 of 1 Ung, Rosalinh From: Ayoub [ilove]ade @sbcglobal.net] Sent: Sunday, September 02, 2007 11:47 PM To: Ung, Rosalinh Subject: Relocation of panini cafe Hi Mr. Ung, We support the new location for the new restaurent Panini cafe. Bill and Abby. CDM Residents 09/05/2007 `��` Page 1 of 1 Ung, Rosalinh From: Ayoub [ilovejade @sbcglobal.net] Sent: Sunday, September 02, 2007 11:47 PM To: Ung, Rosalinh Subject: Relocation of panini cafe Hi Mr. Ung, We support the new location for the new restaurent Panini cafe. Bill and Abby. CDM Residents 09/05/2007 \ V't} Page 1 of 1 Ung, Rosalinh From: Sralpert@aol.com Sent: Monday, September 03, 2007 3:44 PM To: rrung @cit.newport- beach.ca.us Subject: Re. Panini Cafe Dear Ms. Ung, I think one of the best restaurants in the entire area is PANINI. I have been a loyal patron since they opened, and enjoy their breakfast, lunches and dinners. I am constantly taking out of towners there, meet friends and business associates at the cafe and enthusiastically am awaiting the opening of an expanded PANINI's at the former location of Orient Handel Carpet Shop. My support is totally in favor in the approval of their application for relocation. Susan Alpert 336 Morning Canyon Road CDM (949) 644 -4797 Susan Alpert President, International Travel Incentives, Inc. 1921 East Carnegie, Suite 3H Santa Ana, CA. 92705 Telephone: (949) 757 -0490 Fax: (949) 757 -0926 susan@intemationaltravelincentives.com www, intemationaltravelinc ,,entives,com Get a sneak peek of the all -new AOL.com. 09/05/2007 �� Page 1 of 1 Ung, Rosalinh From: eliasfam @aol.com Sent: Monday, September 03, 2007 8:31 AM To: Ung, Rosalinh Subject: Panini Application Dear Ms. Ung: As residents of Corona del Mar for 37 years, we are asking that you approve the plan for Panini's restaurant to relocate to the former Orient Handel rug store. Thank you so much The Bernard Bleichman Family 1321 Seacrest Drive Email and AIM finally together. You've gotta check out free AOL Mail! 09/05/2007 `s;�o Ung, Rosalinh From: Michele Nasraway [MNasraway@vdbp.00m] Sent: Monday, September 03, 2007 9:33 PM To: Ung, Rosalinh Subject: Parini Cafe relocation Dear Ms. Ung: Please accept my request to support the Panini Cafe relocation to the former Orient Handle Carpet Shop. Panini Cafe is a great local establishment that those of us who live in the area relish. It would be great if they had a larger venue to accommodate those of us who eat there regularly. Sincerely, Michele Nasraway Michele Nasraway Co- Executive Producer America's Funniest Home Videos (310)442 -5600 mnasraway @vdbp.com 1 \ � 1 Page 1 of 1 Ung, Rosa[inh From: Richard Plat [richard- plat@sbcglobal.net] Sent: Tuesday, September 04, 2007 4:01 PM To: Ung, Rosalinh Subject: Panini Cafe Dear Rosalinh, What a great replacement Panin will make for the prior Orient Carpet Shop. This restaurant has become a Corona del Mar tradition for local residents who enjoy the good food and personnel at Panin. I walk to this restaurant at least once a week, it is a perfect distance for me to walk. The owners have done a great job of improving the appearance and service but the present space is just too small for their growing business and they need more room that the prior carpet store will provide. Penin provides a popular priced restaurant which does not compete with the higher priced restaurant in the blocks surrounding it and is an attractive addition to the Corona del Mar business community. I see no reason why their application should not be approved and strongly urge you to support the application for relocation as a service to the Corona del Mar community. Thank you, Richard Plat 2027 Bayside Drive 09/05/2007 , vw Oral - Facial Design Center, LLC Robert R. Winter, DDS 2429 w. coast highwaV, suite 210 newport beach, ca 92663 phone 949.548.0960 fax 949.574.0017 Robert R. Winter DDS ProSthodontist September 4, 2007 Rosalinh A. Ung City of Newport Beach Dear Ms. Ung: We are writing in support of the relocation of Panini Cafe from its current location to the former Orient Handle Carpet Shop. Panini Cafe is a wonderful restaurant that serves healthy food at a reasonable price. It is a great place to take a family or guests from out of town. There are frequently lines of people waiting for tables during lunch, dinner, and on weekends. The larger location will assist in accommodating clients, and the parking will be much more convenient than what is currently available. Please do not hesitate to contact us if you have any questions or concerns. Sincerely, Robert and Bobbi Winter 8 Via Coralle Newport Coast, CA 92657 949 - 500 -7590 \AQ\ Page 1 of 1 Ung, Rosalinh From: bsmith @sagecreditcompany.com Sent: Tuesday, September 04, 2007 2:35 PM To: Ung, Rosalinh Subject: Panini Cafe! C Ples�se approve their application for their new spot. They run a great clean establishment and are a benefit to CDM and that area. Brad Smith Branch Manager Sage Credit Company 13 Corporate Plaza, Suite 120 Newport Beach, CA 92660 Main Phone: 866 - 698 -5150 Ext. 302 Direct: 949 - 734 -4961 Cell: 310- 666 -7865 Fax: 949- 335 -0087 www.sagecreditcompany.com A member of the Better Business Bureau and the Mortgage Bankers Association This message contains conndential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this a -mall. Please notify the sender Immediately by e-mail if you have rece {ved this e-mail by mistake and delete this e-mail from your system. It is simply not possible to guarantee that any e-mail transmission is secure or error -free in that Information can be Intercepted, corrupted, lost, destroyed, arrive late or Incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of this e-mail transmission. If verification of this e- mail or any part thereof is required please request a hard -copy version.; #disclaimed ## 09/05/2007 \ -\;I Ung, Rosalinh From: Laura Curran [lauracurran @mac.com] Sent: Tuesday, September 04, 2007 10:11 AM To: Ung, Rosalinh Subject: Support for Panini Cafe Expansion Ms. Ung: I am writing in Support of the Panini Cafe Expansion plan. Thank you Laura Curran Corona del Mar, CA Page 1 of 1 Ung, Rosalinh From: Sally Buschek [sbuschek @cox.net] Sent: Tuesday, September 04, 2007 8:52 AM To: Ung, Rosalinh Subject: NEW PANINI APPLICATION Ladies & Gentlemen: I support the approval of New Panini Application to relocate to formerly Orient Handle Carpet Shop. Sally Buschek 41 Calvados Newport Coast 92657 09/05/2007 \\'L Page 1 of 1 Ung, Rosalinh From: OHHOGIE@aol.com Sent: Tuesday, September 04, 2007 4:56 PM To: Ung, Rosalinh Subject: Panini relocation As a resident of Newport Beach and a frequent customer of Panini's Cafe, I can only say what a fine eatery it has become. The quality of products and the level of service are second to none. It's hard to find a restaurant that offers value anywhere in the Newport area but that is exactly what Panini accomplishes. Please accept this as a letter of support for the relocation of the current restaurant to the new proposed one being the old Orient handle carpet shop. Thank you for your consideration ... Roger and Cathie Hogan 1 greens bluff, newport beach. Get a sneak peek of the all -new AOL.com. 09/05/2007 \� Ung, Rosalinh From: Margaret Crull [peggy@terraceswine.comj Sent: Wednesday, September 05, 2007 3:04 PM To: Ung, Rosalinh Subject: Panini Public Hearing -Sept 6 We support the relocation of Panini's to its new location, formerely Orient handle Carpet Shop, on Coast Hwy. Margaret and Timm Crull 1024E Balboa Blvd Newport Beach, CA `N_\ Page 1 of 1 Ung, Rosal[nh From: David Collins [dcinus @roadrunner.com] Sent: Wednesday, September 05, 2007 2:41 PM To: Ung, Rosalinh Subject: Panini Support Dear Rosalinh, We support the approval of Panini to relocate to formerly Orient handle Carpet Shop. Thanks, David Collins 1615 Bayadere Corona del Mar, CA 92625 09/05/2007 \y J Page I of I Ung, Rosalinh From: Dana Wall [danaleewalll @yahoo.com] Sent: Wednesday, September 05, 2007 6:14 PM To: Ung, Rosalinh Subject: Panini Cafe - support approval of new location Hello Rosalinh M. Ung, I would like to support the proposed move of Panini Cafe in Corona del Mar to the new location formerly "Orient Handle Carpet Shop" which is a few doors down from the existing Panini location. My fiance and I are loyal patrons of Panini Cafe and we go there about once per week. It is one of the best restaurants in Newport Beach and Corona del Mar. They would benefit greatly from a larger space for their restaurant and I am very excited about a new location nearby with more room and the ability for the owner to have even more ambiance and space than what they already have. Please add Dana Wall and Vincent Piras to your list of supporters for the approval of the new Panini location. This public hearing is scheduled for Thurs. 9/6 @ 6:30 pm. I will be there if I can but wanted to at least send an email with my support. Sincerely, Dana L. Wall and Vincent J. Piras (loyal patrons of Panini Cafe) Warm Regards, Dana Building a website is a piece of cake. Yahoo! Small Business gives you all the tools to. get online. 09/06/2007 \\\Q Ung, Rosalinh From: Yvette Brown [ybrown@xpromos.com] Sent: Wednesday, September 05, 2007 6:31 PM To: Ling, Rosalinh Subject: Panini relocation Hello Rosalinh I am a Corona del Mar resident (Larkspur) who frequents Panini in its current location. I would appreciate you supporting their application to relocate within the village, as this will allow more customers to enjoy their fabulous cuisine and hospitality. Thank you for providing your support. Regards Yvette Brown Sent via B1ackBerry - a service from Cingular wireless. 1 Una, Rosalinh From: Greg Cleveland [gjcbase @cox.net] Sent: Wednesday, September 05, 2007 8:20 PM To. Ung, Rosalinh Subject: Panini Cafe relocation Dear Ms. Ung, I support the proposed new location of Panini Cafe and urge approval of their relocation application. Panini Cafe is a wonderful part of Corona del Mar and the new location will make the neighborhood even better. Thank you, Greg Cleveland 112 Villa Point Drive Newport Beach, CA 92660 Page 1 of 1 Ung, Rosalinh From: Roger McKinnon [Roger @rogersrealtyinc.com] Sent: Thursday, September 06, 2007 9:05 PM To: Ung, Rosalinh Subject: Panini's Application to Relocate Ms. Rosalinh Ung; My wife Diane and I have enjoyed, for some time, the very unique life style which Corona del Mar continues to offer all its residents. We have lived in Corona del Mar in excess of 50 years, own both commercial and residential properties in CdM and have operated a business on PCH for more than 35 years. Our entire family fully supports the applicant's effort to re- locate Panini's Restaurant to the parcel on PCH at the end of MacArthur Boulevard, previously known at the Orient Handel rug store. We respectfully request that you have this e-mail read at the forth coming public hearing scheduled for Thursday, September 28u' at 6:30pm., as we are required to be out of the state at that time. Sincerely, Roger McKinnon 09/07/2007 11 ItN FW: Panini Cafe Ung, Rosalinh From: Mark Susson [Mark @smithandsusson.com] Sent: Thursday, September 06, 2007 5:32 PM To: Ung, Rosalinh Subject: FW: Panini Cafe Via E -Mail Rosalinh M. Ung City of Newport Beach 3300 Newport Beach Blvd. Newport Beach, CA 92663 Dear Ms. Ung: Page 1 of 1 It is my understanding that a public hearing is scheduled for tonight Thursday, September 6, 2007 at 6:30 p.m. to discuss the application of Panini Caf€ to open a new restaurant at the location on Coast Highway which was formerly the Orient Handle Carpet Shop. As a resident of Newport Beach since 1968,1 wish to offer my thoughts regarding the restaurant. Having grown up in the development known as Granville, located less than one mile from the proposed restaurant location, I am very familiar with the area. After practicing law for nearly 20 years in Santa Ana, I relocated my office to Newport Center and ultimately relocated my home to Granville. One of the reasons for moving my office and purchasing at Granville is the close proximity to Coast Highway and the ability to walk to many different restaurants and shops. Over the past several years, my wife and I have grown to enjoy Panini Cafe. We now eat at Panini Caf6 an average of two to three times a week, sometimes for dinner and sometimes for breakfast. Over the past several years, we have grown to enjoy Panini as a great place to meet friends. Virtually each and every time we eat there, we run into someone we know and often times, while we walk to Panini for a nice quiet dinner alone, we wind up eating with friends. I can honestly say that Panini Caf6 is the top restaurant on our list and our first choice for dining out most mornings and evenings. I think Panini Cafe is a tremendous asset to the community as it provides a great meeting spot for local people, is easy to get to, it is within walking distance for many, it caters to a local crowd and is a family friendly atmosphere (as compared to many of the restaurants in Newport Beach which appear to center around drinking and dating). I think that the new location under consideration for Panini Caf6 should be approved as it would cause the restaurant to become an even greater asset to the community. Presumably, the new restaurant would serve more people, provide additional parking and would be designed from the ground up so as to be more efficient and more user friendly. Should you have any questions, please feel free to contact either me or my wife. We are both practicing attorneys in the community and can be reached easily. My cellular phone number is (714) 925 -8090 and my wife, Dana, can be reached on her cellular phone and that number is (714) 925 -8092. We can also be reached by e-mail. My e-mail address is Mark @SmithandSusson.com and my wife's e-mail address is DanaSusson @cox.net. Thank you. Very truly yours, SMITH & SUSSON, LLP MARK SUSSON MS:pm 09/07/2007 �'?i7 Page 1 of 1 Varin, Ginger From: Woad, Sharon Sent: Thursday, September 06, 2007 11:01 AM To: Lepo, David; Varin, Ginger Subject: FW: Comments and Questions from the Web Please send to Planning Commission. From: Malkemus, Paul Sent: Wednesday, September 05, 2007 5:08 PM To: Wood, Sharon Subject: FW: Comments and Questions from the Web FYI From: intemetwebuser [mailto:intemetwebuser] Sent: Wednesday, September 05, 2007 4:14 PM To: Malkemus, Paul Subject: Comments and Questions from the Web We would hope that our city of Newport beach will look favorably upon the Panini Restaurant application to move into the vacant Orient Handle Carpet store. Panini is the only middle priced family restauant in our City - CoCos and Ruby's are more Coffee Shop then restaurant and not in that catagory. Panini needs the extra space the vacant store provides plus the additional off street parking. We have now lived and eaten in our City for 35 years and an enlarged Panini would not only enhance our City's ambiance but it would do so without creating any property or parking problems. Thank you. Iry ? Ellie Burg. 2301 Bayside Dr. from IRVING & ELEANOR BURG Email: ixburg @roadrunner.com Sent at 9/5/2007 4:13:35 PM 09/06/2007 `V Ung, Rosalinh From: phyllis mandel [mandels @cox.net] Sent: Thursday, September 06, 2007 9:18 AM To: Ung, Rosalinh Subject: Parini's Hello, I support the application for Panini to move to it's new location. Phyllis Mandel \1 V Page 1 of 1 Ung, Rosalinh From: Dick Millar [millar @mhblaw.net] Sent: Thursday, September 06, 2007 9:40 AM To: Ung, Rosalinh Subject: Application of Panini Cafe to relocate to Orient Handle building My wife and I are long time patrons of Panini Cafe and we wholeheartedly support its relocation to the former rug store site. Unfortunately, we learned too late that there was a public hearing tonight and will be unable to attend but wanted to express our views. We cannot imagine what the opposition could be or how it could possibly have any merit. Richard W. Millar, Jr. Millar, Hodges & Bemis 1301 Dove Street, Suite 900 Newport Beach, California 92660 949 - 752 -7722 Fax 949 - 752 -6131 CONFIDENTIAL This communication is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this in error please delete and notify us immediately. 09/06/2007 \V) Page 1 of 1 Ung, Rosalinh From: Steve Brown [sbrown @lifedght.00m] Sent: Friday, September 07, 2007 1:44 PM To: Ung, Rosalinh Subject: Panini Rosalinh, I know this sis late but were hoping Panini gets its approval. We love it and love staying local to eatlll!! Have a great weekend! Stephen T Brown PRESIDENT /COO LIFERIGHT HOLDINGS, INC. 949 706 5050 OFFICE 714 242 1875 FAX 09/07/2007 ,,1L` Page 1 of 1 Ling, Rosalinh From: Brady Butcher [ bbutcher @cablecapitalventures.com] Sent: Friday, September 07, 2007 2:25 PM To: Ung, Rosalinh Subject: Support of Panini Cafe Rosalinh, I am writing you in support of Panini CaWs move to a new location, a few doors south of its existing location. I am a loyal customer of Panini's and entertain clients on a regular basis. While I understand the resistance from neighboring businesses due to parking demands, I urge you and your council to give approval for the move. Parking is an issue in CDM no matter where you are located. I feel the city should do all it can to support growing businesses and Panini Caf6 is one of them. Sincerely, Braden G. Butcher Cable Management Company 711 W. 17th Street, Unit C -7 Costa Mesa, CA 92627 (949) 706 -7137 direct (949) 706 -7126 fax bbutcher @cablecv.com e 09/07/2007 \L Page Ung, Rosalinh From: JohnHyatt@aol.com Sent: Friday, September 07, 200712:45 PM To: Ung, Rosalinh Subject: RE: Our town and 30 years of observations John & Elaine Hyatt 7 Jade Cove Corona del Mar, CA 92625 949-644-7087 September 5, 2007 To Whom It May Concern: I am writing this letter in reference to past, present and future changes in the Village of Corona del Mar. My wife and I have been residents of Corona del Mar for thirty plus years and have seen many modifications. It appears as though there has been a movement geared away from family -style restaurants and more toward bar -type environments, which contributes to sidewalk smoking crowds and less of the family dining restaurants, like Cafe Panini offers. We often frequent this restaurant and love the food and service we receive. We understand that the owner of Panini's would like to move to the intersection of MacArthur and PCH. He has recruited Mr. Bill Edwards, of Planet Design, to do their architectural design. Mr. Edwards is an exceptionally talented architect. We are very familiar with his projects and believe this will add a jewel to the location, as well as revenue to the city, once it is completed. Please consider this project as a worthwhile community improvement. Sincerely, John Hyatt MIS Board of Directors, Government Political Affairs Committee, Professional Standards Committee, Newport Beach Economic Development Committee 09/07/2007 \tip Page 1 of 1 Ung, Rosalinh From: Lori March [lorim_hards @hotmail.com] Sent: Saturday, September 08, 2007 10:39 AM To: Ung, Rosalinh Subject: Yes on Panini Cafe Move We currently live on Heliotrope Avenue and are frequent patrons of Panini Cafe. We are very much in favor of them moving to this larger venue. We feel parking will really be no different than what it already is, most of the locals walk over anyway, and the need for the larger space is very obvious. We would hate for a quality cafe such as Panini to move out of CC due to lack of support in this Issue. Lori and Robert March Make your little one a shining star! Shlne on! 09/11/2007 \100 Page 1 of 1 Ung, Rosalinh From: Shapstwo @aol.com Sent: Saturday, September 08, 2007 9:39 AM To: Ung, Rosalinh Subject: Panini Application to Relocate We support the approval of the NEW PANINI APPLICATION to RELOCATE TO THE OLD ORIENT HANDLE CARPET STORE. We can not attend the Sept. 20 hearing as we will be out of town. Thank you, Barbara Shapiro Richard Shapiro 2122 Colony Plaza Newport Beach 92660 See what's new at AOL.com and Make AOL Your Homepaage. 09/11/2007 \-L�b Panini Cafe Ung, Rosalinh From: Calvin J. Coatsworth [calc @ccarchitects.com] Sent: Sunday, September 09, 2007 7:13 PM To: Ung, Rosalinh Subject: Panini Cafe Rosalinh Page 1 of 1 We are residents of CdM at 515 Goldenrod and we support the approval of necessary permits to allow Panini Cafe to relocate. Thanks! Cal, Rhonda and Alison Coatsworth 09/11/2007 Ung, Rosalinh From: Katy Lewis [katylewis @mac.com] Sent: Sunday, September 09, 2007 4:27 PM To: Ung, Rosalinh Subject: Cafe Panini Ms. Ung, I wanted to write to you regarding the relocation of Panini Cafe. I am very much in support of the move!! Panini is a wonderful business and has worked hard over the years to grew a supporting base of loyal customers. I know the move will be successful and I know that Panini will continue to serve great food for many years to come... Thank you for your time and consideration, Katy Lewis 1 \�v Page 1 of 1 Ung, Rosalinh From: Seycpc @aol.com Sent: Sunday, September 09, 2007 11:00 AM To: Ling, Rosalinh Subject: New Panini -Approval Dear Rosalinh, I hope this email isn't too late. My husband and I have been going to Panini on PCH for several years and we are very excited about their possible move and we would like to express our support for this move. Thnaks. Chet & Patricia Houston 90 Old Course Drive NB CA 92660 See what's new at AOL.com and Make AOL Your Homepage. 09/11/2007 ��, Page I of I Ung, Rosa[]nh From: Bill Frank [imagepartners@sbcglobal.net] Sent: Monday, September 10, 2007 10:18 AM To: Ung, Rosalinh Subject: Panini Cafe Dear Ms. Ung, First, I would like to thank you for taking the time to open my e-mail. As a Newport Beach resident, I would like to express my support for Panini Cafe to move their business to the new location. Panini Cafe has been a long term asset to Newport Beach. They have consistently offered a a very friendly environment serving good healthy meals and I believe that the city and community should support them. The new location seems ideal for them and seems to have even better parking. I'm sure that the restaurant and their customers will continue to be considerate to the neighborhood. Kind Regards, Bill Frank 09/1 1/2007 �3v Page 1 of 1 Ung, Rosalinh From: Earle Zucht [ezucht@yahoo.comj Sent: Monday, September 10, 2007 11:34 AM To: Ung, Rosalinh Subject: Support of Panini Application Approval Rosalinh, I am writing you to pledge my support to the Panini Application to relocate in Corona del Mar. I have no affiliation or business relationship with Panini or any other businesses in Corona del Mar. I am writing as a resident and patron of many local restaurants and businesses in our community. I have seen the drawing of the new expanded Panini and I believe it will enhance the CDM experience which we all love. Respectfully, Earle Zucht 1530 Dolphin Terrace Corona del Mar, CA. 92625 949 - 887 -4892 09/11/2007 N 0�� Page 1 of 1 Ung, Rosalinh From: Lisa Riedmiller [ lisa@riedmiller- associates.com] Sent: Monday, September 10, 2007 2:04 PM To: Ung, Rosalinh Subject: Panini Hi. I'm writing to offer my support for Panini's application to relocate to what was formerly the Orient Handle Carpet Shop. Thank you, Lisa Riedmiller (949) 721 -0327 09/11/2007 \%6� Page 1 of 1 Ung, Rosalinh From: Cgrega5l @aol.com Sent: Monday, September 10, 2007 7:12 PM To: Ung, Rosalinh Subject: Support Panini's move Dear Ms. Ung I live in Aliso Viejo and drive to Panini's at least twice a week, usually for lunch of breakfast on the weekend. There is often a wait because of the size of the current establishment. I support Panini's move to the old Carpet shop. What an improvement this will be. And actually, having more space will allow them to serve more efficiently, and move people during busy hours. This will actually cut down on cars circling. Feel free to call me with any questions. Thank You Greg Autry (949) 643 - 5081 See what's new at AOL.com and Make AOL Your Homepage. 09/11/2007 \� 7 Page 1 of 1 Ung, Rosalinh From: Briggs, Janice Obriggs @uci.edu] Sent: Monday, September 10, 2007 9:54 PM To: Ung, Rosalinh Subject: Panini Application Dear Ms. Ung, We fully support the approval of the new Panini Restaurant application to relocate to the former site of Orient Handel Carpets. This is a wonderful neighborhood restaurant that is family friendly and serves our community well. Janice Briggs The Campaign to Transform H�Ith Care Janice Tavera- Briggs Senior Director of Development University Advancement — Health Sciences School of Medicine 252 Irvine Blvd. Irvine, CA 949824-0166 kgriggs.@uci.edu "Dance as if no one were watching, sing as if no one were listening and live every day as if it were your last." 09/11/2007 1-;b Page 1 of 1 Ung, Rosalinh From: LAyers@lucescurealty.com Sent: Tuesday, September 11, 2007 8:48 AM To: Ung, Rosalinh Subject: Support Ms. Ung, I support the move of Panini Cafe from its current location to the former Orient Handle Carpet Shop location ii Corona del Mar. We eat at your restaurant most Saturday nights and look forward to continuing to enjoy the restaurant at its new location. Kind regards, Lindsay Ayers, Esq. 310- 709 -0355 09/11/2007 ��� Ung, Rosalinh From: Gostanian, Christine [chhstine.gostanian @pimco.com] Sent: Tuesday, September 11, 2007 8:35 AM To: Ung, Rosalinh Subject: Parini Cate relocation Ms. Ung, I fully support the move of Panini Cafe from it's current location to the former Orient Handle Carpet Shop location in Corona del Mar. If I can be of any further help, please do not hesitate to contact me. Kind regards, Christine Cawthon 31 year resident of Newport Beach This message contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute, alter or copy this e -mail. Please notify the sender immediately by e -mail if you have received this e -mail by mistake and delete this e -mail from your system. E -mail transmissions cannot be guaranteed to be secure or without error as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender, therefore, does not accept liability for any errors or omissions in the contents of this message which arise during or as a result of e -mail transmission. If verification is required, please request a hard -copy version. This message is provided for information purposes and should not be construed as a solicitation or offer to buy or sell any securities or related financial instruments in any jurisdiction. \-;Vq Page 1 of 1 Ung, Rosalinh From: crystalover @aol.com Sent: Tuesday, September 11, 2007 9:52 AM To: Ung, Rosalinh mom Dear sirs, 1 certainly support the position of the restaurant owners Panini. They are a great addition to the dining experience in CDM and Newport. I have lived in Newport beach for 40 years and dine out frequently. Sincerely, Tonia Gostanian mom Email and AIM finally together. You've gotta check out free AOL Mail! 09/11/2007 \3\ Page 1 of 1 Ung, Rosalinh From: Harriet Harris [hharris88 @cox.net] Sent: Wednesday, September 12, 2007 11:39 AM To: Ung, Rosalinh Subject: Panini application to relocate We are customers of Panini for over 10 years and we enjoy dining there for breakfast, lunch and dinner. When we first started, we lived in Corona del Mar and we walked there to get exercise as well as be rewarded with a delicious meal. Currently, we live in Newport Coast, but we drive to our old home in Corona del Mar and park and walk to Panini. We think that many customers are accustomed to walking from the local neighborhoods. One of the most important aspects of making a community beneficial is attractive eating establishments. Currently, Corona del Mar has too many other commercial enterprises and not enough places to enjoy a nice meal. We hope you will allow Panini to expand to the new location. We are lending our support to this fine restaurant and believe that it will enhance the community and actually alleviate traffic. Thank you for your consideration. Bill and Harriet Harris 09/12/2007 \kA1) Page 1 of 1 Ung, Rosalinh From: Gene Nalbandian [gene @jardiniercorp.coml Sent: Wednesday, September 12, 2007 4:21 PM To: Ung, Rosalinh Subject: Panini Rosalinh, As a long time Patron of the Panini Resturant, I fully support their move to the antiquated Oriental Rug store. I understand the parking issues in CDM, but I feel this can be resolved with in conjunction with you City Planners. I live in Laguna Beach and lived on the the Penisula for 10 years and Panini is still one of my most frequented restaurants. Sincerely, Gene Nalbandian President and CEO Jardinier Corporation 16520 Harbor Blvd., Suite F Fountain Valley, CA 92708 Phone: (714) 241-4200 Fax: (714) 241-4203 www iardiniercoroxom 09/13/2007 �% \ Page 1 of 1 Ung, Rosalinh From: Kelly Stassel [kstassel @pgppartnersinc.comj Sent: Wednesday, September 12, 2007 6:53 PM To: Ung, Rosalinh Cc: DStassel @aol.com Subject: Panini Cafe Hello Ms. Ung, We ask that you please support and allow for the Panini Cafe to relocate to the former Orient Handle Carpet Shop. My husband and I have been a resident of Corona del Mar our entire lives and we have no direct connection with the restaurant other than a loyal customer enjoying the great food and atmosphere. We frequent the Panini Cafe at least once per week and have always enjoyed the fresh food. It would be a great benefit to the community if they could expand and offer the consumer a larger and more compatible location. We are excited and fully support the new location. We hope you will, as well. Thank you for your consideration, Kelly Stassel Vice President PGP Partners, Inc. 21068 Bake Parkway, Suite 200 Lake Forest, CA 92630 949.206.1200, x 505 1 949.421.0989 fax www_pgpartnerslnc.com An Eye For Value 09/13/2007 ��� September 11, 2007 Dear Mr. Lepo, 1 am writing in support of Panini Cafe's proposed plan to move to a new location As a wheelchair user of 26 years and a member of the City of Newport Beach's Building and Fire Code Board of Appeals, 1 have been very impressed with the effort the city staff has taken to ensure compliance with the Americans With Disabilities Act. 1 have great respect for the excellent job that the Building Department has done to ensure accessibility in places in Newport Beach that are difficult to bring into compliance. For the past few years my family and 1 have been very satisfied patrons of Panini Cafe on Pacific Coast Highway in Corona del Mar. The Italian/Mediterranean food is very healthy, fresh and deliciously prepared. The staff is friendly and courteous, always providing very prompt and excellent service. Panini Cafe's prices are extremely reasonable. This restaurant is an asset to the City of Newport Beach. It is the kind of business establishment that the city should encourage. The bathrooms at Panini Cafe's current location are not only inaccessible to wheelchairs, but also inaccessible to many clients with limited physical abilities since the restroom facilities are located outside the restaurant and up a long flight of stairs. There is no elevator. The upstairs bathroom is also shared with other building tenants. The condition of the bathroom has been described as "gas station" quality. The owner of Panini Cafe, Mike Rafipoor, seeks to move to a new location a few doors down the street from his current location. As the owner of the building at the new location, Mike will have restrooms that are wheelchair accessible, well maintained, and client friendly. Residents near Panini Cafe may be concerned about parking and noise if the cafe moves to a new location; however, the square footage for patron seating at the new location is actually smaller than that at the current location, so there will be no actual increase in number of customers or traffic associated with the restaurant. In fact, there will be more parking spots available at the new location than there are at the old location. You have suggested that Mike locate a few off site parking places. Mike has already secured 10 off site parking places. The on site parking places are underneath the building and should result in less noise than parking spaces nearer to Corona del Mar residents' homes. As a Newport Beach resident and wheelchair user, I strongly urge the Planning Commission to approve Panini Cafe's application to move to its new location. The many satisfied customers of Panini Cafe will be grateful for the improvement. Sincerely, Bob Yant 2113 Seville Avenue Newport Beach, CA 92661 949 673 -8474 V(01) Page 1 of 1 Ung, Rosalinh From: Stuart Orr [stu- orr @cox.net] Sent: Thursday, September 13, 2007 8:57 PM To: Ung, Rosalinh Subject: Panini Application To Rosalinh M. Ung, My wife and I are regular patrons of the Panini Cafe in Corona del Mar. The cafe is quite popular and often very crowded. We would like to let you know that we support their application to relocate to the formerly Orient handle Carpet Shop several doors down from their current location. The space is larger and would serve them and their patrons much better. We ask that you approve their application. Thank you for your consideration in this matter. Sincerely, Stuart and Gail Orr 09/14/2007 �v\ Page 1 of 1 Ung, Rosalinh From: Ricky Gilman [ericagil @cox.net] Sent: Friday, September 14, 2007 9:04 AM To: Ung, Rosalinh Subject: Panini relocation Please approve the application of Panini Restaurant to relocate into the former Orient handle Carpet Shop. This is a wonderful, local restaurant which is very popular with all the locals and tourists. Thank you, Erica Gilman, ericagil@cox.net. 09/14/2007 \\>�6 Ung, Rosaiinh From: Laura Curran [lauracurran@mac.com] Sent: Friday, September 14, 2007 11:37 AM To: Gardner, Nancy; Robert C. Hawkins; Ung, Rosalinh Subject: Panini Plan - Like it Greetings. I want to express my support for the Panini project to be built in the Orient Handel building. He is willing to invest in the area, and I welcome that. He has a track record of welcoming the community. Reasons: Attractive, affordable restaurant, with breakfast, lunch, and dinner, and vegetarian options. Frequented by many locals, who WALK to eat there. Bungalow, Oysters, Gulfstream, etc are GREAT assets, and I go there, but they are high end. They are attract the nightclub crowd (or whatever you call it - I'm not that hip.) who tend to be the speedy drivers on Carnation and nearby streets. Increased outdoor dining, in a better configuration than the current loc. Could be a welcoming site to folks entering CdM, encouraging them to think about dining in CdM al fresco. Building has extensive parking underground. I don't recall if the gate was ever unlocked with Orient Handel, but it could be a real asset to the resto, and the surrounding businesses, for example, if he has a share agreement with the Wine Gallery, and the other nearby shops. Thank you for continuing to work with the neighborhood to enhance the mix of restos and shops. 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Q r Z O G Q F� LL Items received for September 20th for Panini Restaurant THE IRVINE COMPANY September 19, 2007 RETAIL PROPERTIES City of Newport Beach Planning Department 3300 Newport Blvd. Newport Beach Ca 92663 -3884 Attn: Robert Hawkins Planning Commission Chair Re: Case No. PA 2007 -063 Panini Cafe - Newport Beach CA Dear Mr. Hawkins - t"mcuf' '4 rr, -e �. J ANN �%o A,Z N' sip 19 a As the manager of the Corona del Mar Plaza Shopping Center and on behalf of the tenants of the center, I am writing with regard to Case No. PA 2007 -063. Corona del Mar Plaza is located directly across from the proposed location at PCH and MacArthur. The center maintains a successful mix of retail stores and restaurants such as Bristol Farms, Jacks Surf Shop, Tommy Bahama, and Gulfstream. Our parking lot is consistently busy throughout the day and evening hours. To help manage parking for our customers and employees, we currently maintain and monitor an employee parking program at our site. Based upon the staff report regarding the above location, we are concerned about the limited parking spaces proposed for the restaurant (10 spaces on -site and 12 spaces off -site) and its effect on our already busy parking lot directly across the street. Once the valet area serving Panini's customers reaches capacity and a customer cannot find convenient parking available on neighboring streets, the proximity of our parking lot could serve as an attractive alternative. While we do not have an extensive problem with the patrons of the existing neighboring businesses using our lot today, we do see it from time to time when customers choose the Bungalow restaurant as an alternative to one of our restaurants at the center. We have a similar concern with the employees. These employees will be tasked with parking at the off -site location and walking across two busy streets to work. With the shopping center's parking lot is significantly closer than the proposed employee lot, we believe it will be an attractive alternative to those wishing to save time and effort. Thank you for your consideration of these issues. While we are not opposed to the restaurant use per se, we believe that the parking program, if approved, will have limited success, burdening our shopping center with unintended coWequences that will be very difficult for both the applicant and our staff to manage. General M The Irvine cc: '-deffrey Cole Scott Peotter Barry Eaton Earl McDaniel Michael Toerge Bradley Hillgren 100 Innovation Drive, Irvine, California 92617 (949) 720 -3100 09/20/2007 08:29 9492409729 SLAYTER PAGE 01 Dear- Planning Commission, Re: Protect the residents of Corona Del Mar I can "t park my car.. . I'm/we are against the issuance of any further restaurant permits between the blocks of Avocado and Camation on PCH in Corona Del Naar. This will further Imbact the parking In our neighl?orhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway Signed, n -oo --D? Please Sign and Fax/Scan -Email this form and send to: The City Planner and City Council Member below Rosatinh Ung City Planner rung city. newnart- beaeh.cams P# 949.644.3208 F# 949.644.3229 Nancy Gardner 4ity Councit Member for CDM gardnemcypagi.g9m P## 949.735.8229 F# not available email only 09/20/2007 08:29 9492409729 SLAVTER PAGE 02 Dear Planning Commission, Re: Protect the residents of Corona Del Mar I can't park my car... I'm/we are against the issuance of any further restaurant permits between the blacks of Avocado and Carnation on PCH in Corona Del Mar, This will fu or imeact the parking in our neighborhood. PLEASE deny the permit for Pannini Cafe at 2421 East Coast Highway Signed, Please Sign and Fax /Scan -Email this form and send to: The City Planner and City Council Member below Rosalinih ung City Planner runcl Ci a - beach. .us P# 949.644.3208 F# 949.644.3229 Nancy Gardner City Council Member for CDM 90camr_ncovaaol.0om P# 949.735.8229 F# not available email only Ung, Rosalinh From: Ung, Rosalinh Sent: Thursday, September 20, 2007 2:44 PM To.- Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Cc: William R. Edwards Subject: FW: Panini Cafe LETTER OF SUPPORT. - - - -- Original Message---- - From: Ron Netta [mailto:ron.netta @cox.net] Sent: Wednesday, September 19, 2007 5:23 PM To: Ung, Rosalinh Subject: Panini Cafe We wish to voice our support to allow Panini Cafe to relocate. We go to the restaurant on a regular basis. We understand that the residents feel it will add additional traffic however this seems ridiculous to us since they are only moving a half block. In addition, the other concern they have expressed deals with alcoholic consumption. The patrons that go to this restaurant are not going there to drink. They are going to have a good meal and perhaps they order a glass of wine or beer to enjoy with their meal. Sincerely, Ron & Carol Netta Newport Coast, CA 1 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Thursday, September 20, 2007 2:43 PM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Cc: William R. Edwards Subject: FW: Cafe Panini LETTER OF SUPPORT. From: Linda Beach [maito:lbeach @balboabayclub.com] Sent: Wednesday, September 19, 2007 7:15 PM To: Ung, Rosalinh Cc: gbeach07 @cox.net Subject: Cafe Panini Dear Ms. Rung, As the head Concierge at the Balboa Bay Club & Resort as well as a long time resident of Newport Beach I whole heartedly support Caf(5 Panini's move into the former carpet space. Cafe Panini has been in the same place along a short "restaurant row" in Corona del Mar for several years now and should be allowed to continue just a few doors down. With more parking available there, the nearby streets will be less impacted. Any change in congestion or noise would be incremental. Caf(5 Panini is a draw for both locals and out of town visitors in that it offers an extensive menu (breakfastAunch /dinner) that is unlike any other restaurants in the area and is reasonably priced as well. The staff is welcoming and obviously enjoys working there. The City of Newport Beach — mindful of its restaurant oriented citizens and visitors — should welcome such a business' expansion and encourage it. Sincerely, Linda Beach Chef Concierge Balboa Bay Club & Resort 1221 W. Coast Highway Newport Beach, CA 92663 Phone 949 - 630 -4241 Fax 949 - 630 -4215 09/20/2007 Message Ung, Rosallnh Page 1 of 3 From: Ung, Rosalinh Sent: Thursday, September 20, 2007 2:42 PM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Pectter Cc: William R. Edwards Subject: FW: Specific planning concerns with Panini Cafi (PA2007 -063) Use Permit No. 2007 -010 LETTER OF CONCERNS From: Robert C. Hawkins [mailto:rhawkins @earthlink.net] Sent: Thursday, September 20, 2007 11:34 AM To: bakerdj @mindspring.com Cc: strataland @earthlink.net; eaton727 @earthlink.net; jeff.cole @cushwake.com; bhillgren @cox.net; scott.peotter @taxfighter.com; Ung, Rosalinh; Gardner, Nancy; Varin, Ginger; Lepo, David Subject. RE: Specific planning concerns with Panini Cafe (PA2007 -063) Use Permit No. 2007 -010 Greetings, Thank you for your comments on this important project. By this email, I am forwarding your comments to the Planning Department for inclusion in the administrative record on this project. Thank you again for your comments. RCH Robert C. Hawkins, Esq. (SBN 144906) Law Offices of Robert C. Hawkins 110 Newport Center Dr., Ste. 200 Newport Beach, California 92660 ph: 949 650 5550 fax: 949 650 1 181 mobile: 949 500 1232 e -mail: rhawkins@a earthlink.net This e-mail message and any attachments are confidential and may be attorney - client privileged. If you are not the intended recipient, please notify the Law Offices of Robert C. Hawkins by telephone (949) 650 5550 or by e-mail at rhawkins carthlink.net, and destroy the original and all copies and/or versions of this message and any attachments. - - - -- Original Message---- - From: Dennis Baker [mailto:bakerdj @mindspring.com] Sent: Thursday, September 20, 2007 11:25 AM To: rhawkins@earthlink.net Cc: strataland @earthlink.net; eaton727 @earthlink.net; jeff.cole @cushwake.com; bhillgren @cox.net; scott.peotter @taxfighter.com; 'Ung, Rosalinh'; Gardnerncy @aol.com Subject: Specific planning concerns with Panini Cafe (PA2007 -063) Use Permit No. 2007 -010 Re: Panini Caf6 (PA2007 -063) Use Permit No. 2007 -010 09/20/2007 Message Page 2 of 3 Chairman Hawkins and Commissioners, Below and also attached are some of our specific concerns regarding the application for the Panini's restaurant. We are opposed to approval of the current application. Dennis and Diane Baker 706 %2 Begonia CDM 949.675.2199 or cell 949.274.3226 As an introduction: We have owned and occupied the residence directly across the alley from the application site since 1986. We've worked with the adjacent businesses over many years to address issues regarding the business - residential interface. We are also in a unique position to observe and experience daily issues regarding this interface. The applicant does not adequately address issues that will negatively affect the residents and adjacent businesses. Currently there is a very tenuous balance that is stretched to the limit regarding alley and neighboring street traffic, access and parking. Many would say it has exceeded the balance point to having a negative impact on the surrounding residents and businesses. • Deliveries o An area approximately 10 feet by 35 feet (parallel to the alley and obstructed at both ends) at rear of building at the intersection of 2 public alleys and a parking lot exit is intended for deliveries. • Page 150 of application • This area is inadequate except for only the smallest of delivery trucks based on the size of trucks delivering to the other restaurants in the block which in many cases are over 30 feet long and in some cases, such as beer trucks, tractor with semi trailer. o This loading area overlaps the parking garage access o Deliveries are stated to be taking place 9 am to I 1 am and also 2 pm to 4 pm • Page 7 of application • During "proposed hours of operation" of 7 am to 10 pm • How will patrons access or exit parking while deliveries are off loaded? • Bottom of page 14 • Patron Parking and Deliveries • The only practical staging for cars awaiting valet service will be in the alleys which are already subject to congestion during the day and into the evening. This would be a private use of public property. • If cars are staged inside the parking area less parking spaces would be available than are stated in the application in numerous places, but specifically referred to on page 11. • Traffic exiting the Bungalow restaurant parking lot during the busy dining hours will be crossing and in many cases facing traffic attempting to enter the Panini parking area. This could lead to grid lock since the alleys are not wide enough to allow cars to pass. We experience this many times a month just trying to access the parking on our own property. ■ Page 12 — 13 Staff Concerns • When the on site parking is full or difficult to access patrons will park in adjacent business lots and on the street as they do now for the other restaurants and businesses. Many patrons of existing restaurants now park on the adjacent streets to avoid the cost and hassle of using the current valet parking. • How will the business or the city ensure that the conditions will be monitored or is it left to us, the residents, to have to watch these operations? If it is up to us, it seems an unfair burden to impose on the local residents. ■ Page 9 • CE 7. 1.1 — "...provide adequate, convenient parking for residents, guests, business patrons, and visitors.: • CE 7.1.8 — "...difficult to maintain and enforce." • CLUP 2.9.3 -1 - "...difficult to maintain and enforce." • Employee parking 09/20/2007 Message Page 3 of 3 • Employees will not consistently use parking a quarter mile away across coast highway unless strictly monitored and enforced. The applicant does not provide for this monitoring and enforcement. • Offsite parking agreements are supposed to be permanent. This agreement is only for 5 years with a 5 year renewal. This is NOT permanent. In summary: We, concur with the Staff's concerns on page 19 regarding the difficulty in enforcement and maintenance. Tl�etp]ankdces not ads gate deal with negative angst on cithculalion wiNegardlo deliveries, va a parking, an con icts etween patrons an res ents in t e jacent a eYys an surface streets. The a� licir'ion asspbresented is not realistic in addressing existing issues that the addition of this busm s wi exac ate. Dennis and Diane Baker 706 %z Begonia Corona del Mar 949.675.2199 or cell 949.274.3226 [Il7`UR1Z1Y7 Page I of I Ung, Rosalinh From: Ung, Rosalinh Sent: Thursday, September 20, 2007 2:42 PM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Cc: William R. Edwards Subject: FW. Panini application LETTER OF SUPPORT. From: michael jacobson /michele weintraub [mai[to:faltiine @comiine.com] Sent: Thursday, September 20, 2007 11:55 AM To: Ung, Rosalinh Subject: Panini application Rosalinh M. Ung, We wish to add our support for the approval of the Panini relocation. Sincerely, Panini Customers Michele Weintraub Michael Jacobson 09/20/2007 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Thursday, September 20, 2007 2:42 PM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole, Mike Toerge; Robert C. Hawkins; Scott Peotter Cc: William R. Edwards Subject: FW: Panini application LETTER OF SUPPORT From: michael jacobson /michele weintraub [mailto:faltline @comline.com] Sent: Thursday, September 20, 2007 11 :57 AM To: Ung, Rosalinh Subject: Fw: Panini application - -- Original Message - -- From: Michael jaicobsonfmichele.we.intraub To: rung @city newoort-beach ca us Sent: Thursday, September 20, 2007 11:55 AM Subject: Panini application Rosalinh M. Ung, We wish to add our support for the approval of the Panini relocation Sincerely, Panini Customers Michele Weintraub Michael Jacobson 949 583 1510 331Q Avenida Sevilla Laguna Woods, Ca 92637 Page 1 of 2 Ung, Rosalinh From: Ung, Rosalinh Sent: Thursday, September 20, 2007 2:41 PM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Cc: William R. Edwards Subject: FM Support for Panini From: david .j.taborellil @wachoviasec.com [ mailto: david .j.taborellil @wachoviasec.comj Sent: Thursday, September 20, 2007 12:18 PM To: Ung, Rosalinh Subject: Support for Panini Rosalinh Ung: I love Panini. I live in CDM and its a great part of our town. Having a bigger Panini will just be better for CDM. If your worried about too much beer and wine, don't let the current location sell it, after the move. David Jay Taborelli 308 1/2 Carnation Ave CDM CA 92625. 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Wachovia Securities is the trade name used by two separate, registered broker - dealers and non bank affiliates of Wachovia Corporation providing certain retail securities brokerage services: 09/20/2007 Page 2 of 2 Wachovia Securities, LLC, Member NYSE /SIPC, and Wachovia Securities Financial Network, LLC, Member NASD /SIPC. 09/20/2007 Ung, Rosalinh From: Ung, Rosalinh Sent: Wednesday, September 19, 2007 4:03 PM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini Application to relocate LETTER OF SUPPORT. - - - -- original Message---- - From: Gloria Sullivan [ mailto :gloria @newportpacific.com] Sent: Tuesday, September 18, 2007 4:31 PM To: Ung, Rosalinh Subject: Panini Application to relocate Dear Ms. Ung: As a resident of Corona del Mar and an occasional patron of Panini, I am writing to express my SUPPORT for the approval of their plan to relocate to the empty storefront previously occupied by Orient Handle. Thank you. Gloria Steffen Sullivan 1832 Marapata Drive Corona del Mar, CA 92625 Page 1 of I Ung, Rosalinh From: Ung, Rosalinh Sent! Wednesday, September 19, 2007 4:02 PM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: PANINI LETTER OF SUPPORT. From: Dona Colombero [ mailto :scolombero@sbcglobal.net] Sent: Wednesday, September 19, 2007 9:03 AM To: Ung, Rosalinh Subject: PANINI Dear Ms. Ung: My wife and I have been lunching at Paninis since it opened and enjoy the dinners there too with friends. We are looking forward to their move to the former Orient handle Carpet Shop since they will offer more parking and an easier in an out.... Their food is impeccable and we feel, as do our friends, that this move would improve the whole neighborhood. We appreciate your consideration of this matter Sincerely, Secondo J, Colombero cc: Panini 09/19/2007 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Monday, September 17, 2007 8:05 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Cafe Panini From: anne feller [ mailto :annefeller_1031 @hotmail.com] Sent: Sunday, September 16, 2007 9:48 PM To: Ung, Rosalinh Subject: Cafe Panini We support Panini's move to the old rug store. Why is there any hesitation? Anne and Mac Feller 304 Dahlia Place C Corona del Mar, CA 92625 Can you find the hidden words? Take a break and play Seekadoo! Play now! 09/17/2007 Page 1 of 1 Ung, Rosalinh From: Ling, Rosalinh Sent: Monday, September 17, 2007 8:24 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini relocation LETTER OF SUPPORT From: Bruce and Carol Andrews [mailto:bruceandcarol1943 @roadrunner.com] Sent: Monday, September 17, 2007 8:22 AM To: Ling, Rosalinh Subject: Panini relocation We are very supportive of relocation application. Parking can not be any worse than current location. Bruce and Carol Andrews 1421 Bayside Drive Corona Del Mar 09/17/2007 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Monday, September 17, 2007 7:51 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Cafe Panini LETTER OF SUPPORT. From: anne feller [mailto:annefeller_1031 @hotmail.com] Sent: Sunday, September 16, 2007 9:48 PM To: Ung, Rosalinh Subject: Cafe Panini We support Panini s move to the old rug store. Why is there any hesitation? Anne and Mac Feller 304 Dahlia Place C Corona del Mar, CA 92625 Can you find the hidden words? Take a break and play Seekadoo! Play now! 09/17/2007 Page 1 of I Ung, Rosalinh From: Ling, Rosalinh Sent: Monday, September 17, 2007 7:54 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini aplicatin LETTER OF SUPPORT. From: Hy Algazi [mailto:hla42 @cox.net] Sent: Friday, September 14, 2007 2:02 PM To: Ling, Rosalinh Subject: Panini aplicatin We wholeheartly support the relocation of Panini to to the location formerly Orient handle Carpet Shop. Hy & Linda Algazi 8 point Loma Drive Corona del Mar 92625 09/17/2007 Page i of i Ung, Rosalinh From: Ung, Rosalinh Sent: Monday, September 17, 2007 7:54 AM To: Barry Eaton; Bradley Hillgren; Ferri McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Please support Panini application LETTER OF SUPPORT. From: Bud Volberding [mailto:bxvolb @cox.net] Sent: Friday, September 14, 2007 4:55 PM To: Ung, Rosalinh Subject: Please support Panini application Dear Ms. Ung, As a frequent patron of Panini I respectfully ask that favorable consideration be given to their application to relocate to the next block in CDM. Thank you, Bud Volberding Corona del Mar 09/17/2007 Ung, Rosalinh From: Ung, Rosalinh Sent: Monday, September 17, 2007 7:54 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: CDM ghetto and the Panini restaurant (my Friends!) LETTER OF SUPPORT. - - - -- Original Message---- - From: jralls7959 @aol.com [mailto:jralls7959 @aol.coml Sent: Friday, September 14, 2007 6:59 PM To: Ung, Rosalinh Subject: CUM ghetto and the Panini restaurant (my Friends!) And I just read in the Daily Pilot that residents in CUM object to Panini's expansion. I don't. I really like the family atmosphere there and when I've eaten there, even late, there's not a bunch of loud drunk slobs so I don't think the Panini clientele are the problem in my neighborhood. Years ago I had a problem with workers from local restaurants warming up thier cars for 5 + minutes outside my bedroom window at 620 Begonia. I went to several restaurants and told them where I lived and asked that their workers that needed to do that with their cars park near the park or Sherman Gardens. That stopped the problem. However, over the past few years I have had an increase in the noise level to the point that from Thurs night through Sat I have had my sleep interuped by cars parking or leaving from outside my house, patrons of the bars and restaurants talking loudly, sometimes shouting to each other as they get into their cars, "See you Monday ", trash on my lawn, a broked rear view mirrow with no note when I had parked on the street, arguments and fighting, including screaming and shouting and occasionally I could tell that one party was concerned that the other was too drunk to drive. Most of the time I just put a pillow over my head or got up and slammed the door, or a window shut. I have gone out and asked a yelling couple to leave and take their issues to a non - residential area. These people do not look or act like the clientele I see at Paninis. Perhaps if the police just sent a memo to all the restaurants that might help. I had someone running his engine outside my house again after 10 this week, my guess is he was a restaurant worker. I called the police - they had called me last week and said to call every time there was a problem so they could start collecting data as to the level of the issue. I had never called the police before about this. The women who took my call suggested I approach the car and ask the person to leave and park elsewhere in the future. I really don't care to do that. If I'm tired in bed I lay there expecting the person to leave any second. When they don't, by the time I get up to talk to them, they are gone. Plus I don't think many people would respect the request coming from me. Just a memo might work so the restaurants can remind their workers about the noise issue. I was under the impression that bartenders can refuse to serve someone who appears to be intoxicated. Perhaps a discussion with the police and the owners of all the local alcohol service businesses will be all that is needed to stop this problem. I suspect there is one irresponsible bartender around and that person doesn't work at Panini's. This neighborhood is extremely noisy early in the morning with large, loud delivery trucks crashing through my weekend morning. I would like the type of speed bumps that were put in on Carnation put in on 4th and Begonia. THen they would have to drive by delicately or take PCH not 4th. Motorcylces also shoot down that street blaring at night. They must have fun speeding along, but I'm getting very grumpy about this whole situation. I very much enjoy Paninis and seriously doubt that they are the source of the problem. An expansion might 1 change that but I'm sure we are all smart enough to work out compromise on this issue. I think it is very unfair that Panini is being blamed for the noise and public disturbance problems when no one has really identified where all these loud and occasionally intoxicated people are coming from. I DO want them to expand and have a great restaurant with wine and cocktails. I do have friends that like a specific drink while they are waiting for dinner and are disappointed when the restaurant can't give them their Scotch and soda. Mild mannered citizens can drink responsibly and I would think Panini's and other restaurants can keep and eye out and limit drinks if someone gets out of control. Working together I hope we can find a compromise that includes Panini continuing their expansion on schedule. Thanks. Thanks for you help. PS, we have no Dog park in Newport beach and I think you should start a committee to begin planning one. Laguna has one on Laguna canyon but that is Way too far. The other close one is Costa Mesa which is dry and dusty and it's nicknamed the thug park as a lot of aggressive dogs show up there. We could plan the World's Best Dog Park!! Julie Ralls, M.D. 620 Begonia Ave Corona del Mar, CA 92625 949- 673 -3134 F.S. Neil Ellis complains about everything and his wife once complained that someone was practicing drums at the awful hour of 3PM and she didn't think that was a good time to drum. They are my friends but I think they can be overly vocal and negative about community issues. They did get a red strip in front of their front door which was nice. Email and AIM finally together. You've gotta check out free AOL Mail! - http: / /maii.aol.com 2 Cafe Panini Ung, Rosalinh Page 1 of 1 From: Ung, Rosalinh Sent: Monday, September 17, 2007 7:53 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Caf§ Panini LETTER OF SUPPORT. From: Glass, Geoffrey M. [ mailto :Geoffrey.Glass @valeant.comj Sent: Saturday, September 15, 2007 11:36 AM To: Ung, Rosalinh Subject: Cafe Panini Rosalinh- 1 am a corona del mar resident that fully supports Caf6 Panini's request to move into the larger space vacated by Orient Handel. This cafe is an important and successful local business that has my, and deserves your, support. -GG Geoffrey Glass Senior Vice President, Asian Operations Valeant Pharmaceuticals International One Enterprise Aliso Viejo, CA 92656 www.valeant.com +1- 949461 -6007 (p) +1- 949461 -6633 (t) +1- 949 -310 -8403 (m) geoffrey.glass @valeant.com 09/17/2007 Panini Cafe YES Ung, Rosalinh Page 1 of 2 From: Ung, Rosalinh Sent: Monday, September 17, 2007 7:53 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini Cafe YES LETTER OF SUPPORT. From: Steve Nichols [mailto:snichols @go2nlco.com] Sent: Saturday, September 15, 2007 1:16 PM To: Ung, Rosalinh Subject: Panini Cafe YES Dear Ms. Ung, I am and have been a resident of Irvine Terrace in Corona Del Mar for over twenty years. My family and I have walked to and dined at the Panini Cafe on PCH since it opened. We have watched them grow from what initially was a struggling coffee house to a thriving business that has now outgrown its current space. Only this morning we dined on the sidewalk as 12 or 15 people waited for seating. As we sat there, we noted that over half the people were neighbors that like us had not driven, but walked to the restaurant. This is the type of business that a community needs and wants in their neighborhood, a NEIGHBORHOOD business. The waiters all know our "the normal" meal we choose and provide great service with a smile. I would like to register my emphatic support for Panini's application to remodel and use the old rug store as a new home for their business. The city of Newport must encourage solid and successful enterprises to thrive in our community. I would be willing to bet that many, if not most, of the people signing the opposing petitions have been in the community less time than Panini. Further more I wonder how many of them live in the two unit per lot residential units in the neighborhood in the "Flower Streets" that are seriously under parked and therefore impact off site street parking much more that Panini will. All you have to do is walk the neighborhood at night after the CDM restaurants close to see how the streets are burdened by the residential off site parking. As for the other petition citing "Alcohol Alley ", Panini's clientele is not the booze crowd. Consuming a glass of beer or wine with dinner does not equate to the problems associated with restaurants with full bars that have people drinking for hours before and after their meals. I encourage you to support Panini's application and tell the NIMBY's that are trying to thwart their move to move to Irvine where they can live in a controlled and sterile bedroom city that has no sense of community. Sincerely, Steve Nichols 11011 f 11117 Panini Cafe YES 2015 Kewamee Drive Corona Del Mar, CA 92625 949 - 350 -6426 snichols @go2nico.com 09/17/2007 Page 2 of 2 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Monday, September 17, 2007 7:52 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini Restaurant LETTER OF SUPPORT From: Magglembag @aol.com [mailto:Maggiembag @aol.coml Sent: Sunday, September 16, 2007 9:17 AM To: Ung, Rosalinh Subject: Panini Restaurant Rosalinh M. Ung, We support the approval of NEW PANINI APPLICATION TO RELOCATE FORMERLY ORIENT HANDLE CARPET SHOP. Lynne Burns /Me] Burns Tel. 949.760.6113 502 Avenida Ladera Newport Beach, Ca 92660 See whafs new at AOL.com and Make AOL Your Homepa, e. 09/17/2007 Ung, Rosalinh From: Ung, Rosalinh Sent: Monday, September 17, 2007 7:52 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini Application LETTER OF SUPPORT - - - -- Original Message---- - From: Mark G. Harrison [mailto:mark @Tricorealty.comi Sent: Sunday, September 16, 2007 2:42 PM To: Ung, Rosalinh Subject: Panini Application Dear Rosalinh Ung, I would like to express my support for Panini Cafe's Application to relocate their business to the former location of the Orient Handle rug store, at PCH and MacArthur. I will feel lucky to have Panini Cafe a block closer to my house. Sincerely, Mark Harrison 431 Goldenrod Ave., Corona del Mar 1 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Tuesday, September 18, 2007 7:22 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini Cafe Relocation LETTER OF SUPPORT. From: charylbworth @aol.com [mailto:charylbworth @aol.com] Sent: Monday, September 17, 2007 6:39 PM To: Ung, Rosalinh Subject: Panini Cafe Relocation Rosalinh Ung, I am writing to say I am in favor of the relocation. Panini has been a big part of the "Village" of Corona del Mar. I am very disturbed to hear the that the other restaurants in the area are trying to block the relocation. Panini does serve alcohol (beer and wine) but does not have a bar. Everyone knows that it is very difficult for a restaurant to make it without at least a beer and vine license. I hope that the City of Newport Beach recognizes how much the general public appreciates Panini , their good food, their prices and their good service to their patrons. Charyl Butterworth 114 Pearl Ave. Balboa Island, CA 92662 Email and AIM finally together. You've gotta check out free AOL Mail! 09/18/2007 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Tuesday, September 18, 2007 7:25 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini relocation LETTER OF SUPPORT. From: Bruce and Carol Andrews [mailto:bruceandcarol1943 @roadrunner.com] Sent: Monday, September 17, 2007 8:22 AM To: Ung, Rosalinh Subject: Panini relocation We are very supportive of relocation application. Parking can not be any worse than current location. Bruce and Carol Andrews 1421 Bayside Drive Corona Del Mar 09/18/2007 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Tuesday, September 18, 2007 7:25 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Comments and Questions from the Web LETTER OF SUPPORT. From: Lepo, David Sent: Monday, September 17, 2007 8:54 AM To: Ung, Rosalinh Subject: FW: Comments and Questions from the Web For the record ... David Lepo, Director Planning Department City of Newport Beach (949) 644 -3228 w (949) 644 -3229 f From: Malkemus, Paul Sent: Monday, September 17, 2007 8:27 AM To: Lepo, David; Wood, Sharon Subject: FW: Comments and Questions from the Web From: internetwebuser [mailto:internetwebuser] Sent: Sunday, September 16, 2007 2:54 PM To: Malkemus, Paul Subject: Comments and Questions from the Web This is for Rosalinh M. Ung. I would like very much for the Planning Commission to look into and approve the relocation of Panini Italian & Mediterranean Restaurant into the former Orient Handle Carpet Shop. Panini has been a wonderful neighbor, the restaurant is alway clean, and the outside seating is always kept very clean. The food is excellent and reasonable. I think they are an asset to our wonderful community. from Dorothy Leshner Email: Leshusl @roadrunner.com Sent at 9/16/2007 2:54:07 PM 09/18/2007 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Tuesday, September 18, 2007 7:25 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Pannini LETTER OF SUPPORT. From: Marc Goldstein [mailto:sitcom @earthlink.net] Sent: Monday, September 17, 2007 9:01 AM To: Ung, Rosalinh Subject: Pannini I am writing to support Pannini attempted move to the old Orient Handle Carpet Shop. Pannini is a first class family restaurant. There is no reason not to approve them. I have a hard time understanding why Bungalow would be opposing the move. Traditionally when multiple restaurants are located close together, they all benefit from it. I am strongly in favor of their expansion. Law Offices of Marc Goldstein 620 Newport Center Drive 11th Floor Newport Beach, California 92660 Telephone: (949) 716-0433 Fax: (949) 673-7444 CONFIDENTIALITY NOTICE: This e-mail may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply e-mail or telephone, and delete all copies of this message. 09/18/2007 Ung, Rosalinh From: Ung, Rosalinh Sent: Tuesday, September 18, 2007 7:24 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini Cafe LETTER OF SUPPORT - - - -- Original Message---- - From: Stuart Moisen [mailto:smoisen @mindspring.com] Sent: Monday, September 17, 2007 11:32 AM To: Ung, Rosalinh Subject: Panini Cafe Ms Rung, I live close to Panini (on the corner of Avocado and Waterfront) and eat there frequently. I am in complete support of their application to move to the rug store. I cannot imagine for one second that Panini would turn into a "bar" situation like so many others on PCH. Thank you and regards, Stuart Moisen 1 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Tuesday, September 18, 2007 7:24 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini Cafe LETTER OF SUPPORT.• From: Madain, Marcie (YBUSA -PDT) [ mailto : Marcie. Madain @Yellowbook.com] Sent: Monday, September 17, 2007 11:54 AM To: Ung, Rosalinh Subject: Panini Cafe I am in support of the new location for Panini Cafe Marcie Madain Canvass Manager Palm Desert CA Ph. 760.776.8411 Fax 760.776.8416 09/18/2007 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent- Tuesday, September 18, 2007 7:24 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: SUPPORT for new Panini Cafe Application to Relocate LETTER OF SUPPORT. From: Catherine Anderson ( mailto :CAnderson @lytledevelopment.comj Sent: Monday, September 17, 2007 1:48 PM To: Ung, Rosalinh Subject: SUPPORT for new Panini Cafe Application to Relocate Dear Ms. Ung, I am writing to express my support for the application of the Panini Caft's relocation to the former site of the Orient Handle Carpet Shop located at the intersection of MacArthur Blvd and Pacific Coast Highway. My address is 2720 Bayside Drive in Corona del Mar, and Panini CafA (both the current and proposed locations) is within walking distance of my home. My husband and I often walk to meals there, and we think they are an excellent contributor to the village atmosphere in Corona del Mar. We are both strongly in favor of approving the relocation of the cafC and have been anticipating their move into larger quarters for many months. Please grant Panini CafA their permit to relocate their restaurant to the new location. Thank you for your time and consideration, and I hope their application is approved at public hearing on Thursday, Sept. 20tH Best regards, Catherine Anderson Catherine P. Anderson Lytle Development Company 180 N. Riverview Drive, Suite 26o Anaheim Hills, California 928o8 (714) 283-2400 - main (714) 768 -6o63 - direct (714) 283 -2452 - fax canderson@lytledevelopment.com 09/18/2007 Ung, Rosalinh From: Ung, Rosalinh Sent: Tuesday, September 18, 2007 7:23 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: Panini Cafe LETTER OF SUPPORT. - - - -- Original Message---- - From: Julie.horse [mailto:julie.horse @cox.net] Sent: Monday, September 17, 2007 2:02 PM To: Ung, Rosalinh Subject: Panini Cafe Dear Ms. Ung, I write to support the relocation of our favorite neighborhood restaurant, Panini Cafe to what was formerly the Orient Handel Rug Shop. The restaurant has certainly outgrown its present quarters and many of us are left standing on the sidewalk while we await our seating. Plus, the restaurant has become such a nice addition to our community. SIncerely, Julie Laul Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Tuesday, September 18, 2007 7:23 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW: New Panini Application LETTER OF SUPPORT. From: bill.yingling @pacbell.net [mailto:bill.yingling @pacbell.net] Sent: Monday, September 17, 2007 3:41 PM To: Ung, Rosalinh Subject: New Panini Application Dear Ms. Ung, Thank you for taking the time to receive and read this email. As a long time resident of Corona del Mar, we whole heartedly support the application for relocating the existing Panini Cafe to the location formerly occupied by Orient Handel Carpet Shop. The only impact of this relocation should be a positive increase in tax revenues. Thank You! William and Barbara Yingling 2308 Pacific Drive Corona del Mar, CA 92625 09/18/2007 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Thursday, September 20, 2007 10:56 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Cc: Alford, Patrick; Lepo, David; Harp, Aaron Subject: Previous Hemingways (Bungalow) Parking Allocation at Panini's proposed site Attachments: 20070920091257. pdf Robert: Your question was: What was the number of off -site parking spaces allocated for Hemingways, now Bungalow, at the Panini's proposed site? The answer is 10. Please refer to the bottom of Page 32 (hand - written) of the 1983 PC staff report which identified the off -site evening -hour parking locations for Hemingway. One of them was at the Panini's proposed site of 10 parking spaces, weekends and evening only. This number coincides with the number stated in the now expired parking agreement attached to the staff report as Exhibit 4. FYI. The Bungalow is currently opened during evening hours only and required to provide 40 spaces. It currently has a total 44 spaces: 7 spaces on -site, 20 spaces at 2101 E. Coast (Coldwell's Bank), 10 spaces at 705 Carnation and 7 spaces at 707 Carnation. They also have a 30- space, month -to -month parking agreement with Sherman Garden, evening hours on Wednesday, Thursday, Friday and Saturday. Rosalinh 09/20/2007 Planning Commission Meet g August 4, 1983 Agenda Item No. 14 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 1778 (Amended) (Public Hearing) Request to amend a previously approved use permit which allowed the establishment of the Hemingways Restaurant facility with on -sale alcoholic beverages in the C -1 District. The proposed amendment is a request to change the restaurant's hours of operation so as to permit a lunch time operation during the week. The proposal also includes the acceptance of an off -site parking agreement which will provide the additional required daytime restaurant parking spaces. LOCATION: Lots No. 5 and 6, Block B, Tract No. 470; Lots No. 7 and 9, Block 730; Corona del Mar Tract, located at 2441 East Coast Highway, on the southwesterly corner of East Coast Highway and Carnation Avenue (i.e., restaurant site); and the northerly side of East Coast Highway, between MacArthur Boulevard and Newport Center Drive (i.e., off -site parking site), in Corona del Mar. ZONE: C -1 APPLICANT: Randall H. Johnson dba Hemingways, Corona del Mar OWNERe James B. Wood, Corona del Mar Application This is a request to amend the previously approved use permit which established the Hemingways Restaurant as a nighttime -only facility so as to permit the service of food during the lunch time hours on a daily basis. In accordance with Section 20.35.020 of the Newport Beach Municipal Code, restaurants shall be permitted in the C -1 District subject to the securing of a use permit in each case. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code. The proposal also includes the acceptance of an off -site parking agreement for the additional required restaurant parking spaces. In accordance with Section 20.30.035 D. of the Newport Beach Municipal code, the Planning Commission shall not recommend and the City Council shall not approve off- street parking on a seporate lot from the building site or sites unless: a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. 0 b) Parking on such lot will not create undue traffic hazards in the surrounding area. ,;Z9 TO; Planning Mmission - 2. c) Such lot and the building site are in the same ownership, or the owners of the building sites have a common ownership in such lot and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites). d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by the City Attorney, providing for the maintenance of the required off - street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off - street parking regulations applicable at the time shall apply. Such instruments shall be recorded in the Office of the County Recorder, and copies thereof filed with the Planning Department. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class I (Existing Facilities) from the requirements of the California Environmental Quality Act. Conformance With the General Plan and Adopted Local Coastal Program, Land Use Plan The Land Use Element of the General Plan and the Adopted Local Coastal Program, Land Use Plan, designate the restaurant site for "Retail and Service Commercial" uses. The subject restaurant is permitted within this designation. The Land Use Element of the General Plan designates the off -site parking lot site for "Retail and Service Commercial" and "Administrative, Professional, and Financial Commercial" uses. The use of this site for off -site parking purposes is consistent with this designation. Subject Property and Surrounding Land Use The subject restaurant facility is located in an existing commercial/office building on East Coast Highway. To the north, across Coast Highway at MacArthur Boulevard, is a temporary bank facility and a vacant parcel. To the east, across Carnation Avenue, is a restaurant facility and related. parking lot. To the south, behind the subject property, are parking lots and residential uses. To the west is a commercial/office building with related parking area. The off -site parking location is on the northerly side of East Coast Highway, to the east of the proposed Avocado Avenue extension. The site currently is occupied by the "Flower -Man" temporary retail flower sales, and a temporary automobile detailing facility recently approved by the Planning Commission. To the north of the subject parking lot is vacant land and the Newport Center commercial development. To the. east adjacent to the subject property, to the south across East Coast Highway, and to the west across the future extension of Avocado Avenue, are existing commercial uses, go TO. Planning iimission - 3. Background At its meeting of May 10, 1976, the City Council voted to sustain the Planning Commission's approval of Use Permit No. 1778 subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, except as noted in Condition No. 8. 2. That all exterior lighting and signs shall be approved by the Planning Director. 3. That all mechanical equipment and trash areas shall be screened from public street or adjoining properties. 4. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the Air Pollution Control, District. In addition, the kitchen hood system shall have an automatic fire protection system installed. 5. That this approval shall be for a period of two years, and any extension shall be subject to the approval of the Modifications Committee. 6. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of twenty -two parking spaces shall be provided on Lots 5 and 7, Block 730 of Corona del Mar Tract, for the duration of the restaurant use on the property in question. 7. That the restaurant facility shall not be open for business prior to 5:00 p.m. or after 10:00 p.m., Mondays through Fridays, or prior to 9:00 a.m. or after 10:00 p.m. on weekends or holidays. These hours may be adjusted by the Planning Commission provided satisfactory parking can be provided in another location. 8. That the parking spaces on Lots 7 and 9 shall be restriped in accordance with a plan to be approved by the Traffic Engineer and, if necessary, the most northerly curb cut and driveway shall be closed up. 9. That adequate lighting be provided in the parking lots. On June 14, 1976, the City Council approved Resolution No. 8795, approving an off -site parking agreement between the City of Newport Beach and the applicant, Randall H. Johnson. No fewer than twenty -two off - street parking spaces were to be provided on adjacent property. The Modifications Committee, pursuant to Condition of Approval No. 5 for Use Permit No. 1778, granted a two year extension in September of 1978 and a three year extension in July of 1980, which is valid until September of 1983. At its meeting of August 7, 1980, the Planning Commission approved an amendment to Use Permit No. 1778 which permitted the expansion of the subject restaurant's "net public area" and the acceptance of another off -site parking agreement for the ten additional required off - street parking spaces. The Findings made and Conditions of Approval imposed are set forth in the attached excerpt from the minutes of the Planning Commission meeting of August 7, 1980. On Marqh 23, 1981, the City Council approved Resolution No. 10004, approving the off -site parking agreement for the expanded restaurant facility. 31 i T0: Planning Commission - 4. Analysis The applicant is now requesting the approval of an amendment to Use Permit No. 1778 so as to be permitted to serve lunch between the hours of 11:00 a.m. to 3:00 p.m., Monday through Friday. A maximum of ten employees are anticipated in the restaurant during this period. The operational characteristics during the daytime hours will. be essentially the same as those during the evening hours. The only difference is that the required parking spaces will be located across East Coast Highway from the restaurant site where the existing nighttime parking spaces are located adjacent to the restaurant facility. Off- Street Parking Required Based upon the City's current restaurant parking standard of one parking space for each 40 sq.ft. of "net public area," 40 spaces are required for all of the interior dining areas (1596± sq.ft.t 40 = 40). The Planning Commission has the option to increase or decrease the parking requirement within the range of one space for each 30 sq.ft. of "net public area" (54 spaces) to one space for each 50 sq.ft. of "net public area" (32 spaces). Staff is of the opinion that one space for each 40 sq.ft. of "net public area" is adequate since no dancing or live entertainment are proposed. This is also consistent with previous approvals for the nighttime use. Therefore a total of forty parking spaces would be required for the proposed daytime use, as well as the continued nighttime operation. Existing Parking Locations Eight off - street parking spaces are located on site. Under the terms of the existing off -site parking agreements between the applicant and the City, the applicant is required to provide not less than thirty -two off -site parking spaces on properties adjacent to the site of the restaurant facility for nighttime use at the restaurant as follows: Twelve spaces are located to the rear of the existing structure on Lot 7, located at 707 Carnation Avenue. The off -site parking on Lot 7 was established under Use Permit No. 472, which was approved by the Planning Commission on November 20, 1958. The use of the twelve spaces on this R -2 lot are restricted, and the lot is to remain closed between the hours of 10:00 p.m. and 6:00 a.m. Ten spaces are located on Lot 5, located at 705 Carnation Avenue. The off -site parking lot on Lot 5 was established under Use Permit No. 1190, approved by the Planning Commission on July 20, 1967. The use of the ten spaces on this R -2 lot are also restricted, and this lot must similarly be closed between 10:00 p.m. and 6:00 a.m. The applicant has an additional off -site parking agreement with the owner of a_ commercial structure located at 2421 East Coast Highway, directly west of the subject property. A total of ten parking spaces are available for weekends and evenings only. These three off -site parking locations will remain available for nighttime use. 3,� TO: Planning emission - 5, Proposed Off -Site Parking Lot The applicant has submitted a lease agreement indicating thirty -five parking spaces will be provided behind the "Flower -Man" facility on East Coast Highway at Avocado Avenue during the lunch time hours of operation. It is the applicant's intent to establish a valet parking service in conjunction with the daytime use and the off -site parking lot. Three valets will be used. Patrons will drive to the rear of the restaurant facility where valet tickets will be issued. The vehicles will then be moved temporarily to the adjoining lot until they can be transferred to the East Coast Highway location. Upon completion of the meal, the patron's vehicle will be returned to the restaurant site. The applicant has suggested two potential routes from the restaurant to the off -site location. One suggestion is a route down the alley to Fourth Avenue, a right turn on Fourth Avenue to Avocado Avenue, and then across East Coast Highway to the off -site parking lot (see attached map). Staff feels that this route would not be compatible with the existing residential uses in the area. Staff prefers the route where all vehicles exit the site by turning north (left) onto Carnation Avenue to East Coast Highway to Avocado Avenue, then to the off -site parking lot. This route minimizes the impact on the nearby residential uses. However, this route does require the valet driver to turn right onto East Coast Highway, execute a "U" turn on East Coast Highway near Dahlia Avenue, cross the MacArthur Boulevard intersection, and then go to Avocado Avenue and the off -site lot. During the summer months when East Coast Highway is more heavily traveled, this could §e even more difficult and time - consuming than at other times of the year. Sttaff has additional concerns regarding the distance between the restaurant site and the off -site pa' ^king lot which are approximately 1100± ft. apart. This is a very long distance for the ' "runners" to travel. This distance is approximately three times the generally acceptable standard of no farther than 400 ft. separation between locations. Regarding the use of the on -site parking area for purposes of temporarily storing vehicles to be transported to the off -site location, a potential exists for a conflict between the other uses on the subject property. The applicant has submitted information which indicates that Unique Homes, the real estate firm which occupies the entire second floor of the building, contains approximately 1,700 sq.ft, of area. Fragments, a boutique and haircutting salon, occupies approximately 800 sq.ft. of area. The combined total of 2,500 sq.ft. requires ten on -site parking spaces, based upon the cprrent parking standard of one space for each 250 sq.ft, of "net floor area." If these figures are accurate, then eight spaces would be available on the site for the proposed temporary storage of vehicles until such time as they could be relocated to the off -site location. It should be noted that the applicant's letter indicates a total of eighteen spaces are available to the rear of the restaurant, yet the plans submitted and a field observation by staff indicates a total of twenty spaces are available. Staff has visited the site several times during the lunch time hours and on each occasion the minimum number of vehicles in this area was fifteen, with the lot being completely full on two occasions at 11:30 a.m. Staff is also concerned that no on -site spaces for restaurant patrons are available for those customers who do not desire to utilize the valet parking service. 3.3 TO! Planning inmission - 6. Specific Findings Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Should the Planning Commission desire to deny this request, the Findings for Denial as set forth in Exhibit "A" are suggested. However, should the Planning Commission desire to approve this request, the Findings and Conditions of Approval as set forth in Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. "CKER, Director by IS GUSTIN Associate Planner CG/kk Attachments: Exhibit "A" Exhibit "B" Vicinity Map Route Map Excerpt from Minutes of Planning Commission Meeting of August 7, 1980 Letter from Applicant Plot Plans, Floor Plans 131$Z Page 1 of 2 Ung, Rosalinh From: Ung, Rosalinh Sent: Thursday, September 20, 2007 11:01 AM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Subject: FW. Pannini Attachments: 20070919165318. pd f From: Ung, Rosalinh Sent: Wednesday, September 19, 2007 5:20 PM To: 'Michael Lee Toerge' Cc: Alford, Patrick; Lepo, David; Harp, Aaron Subject: RE: Pannini Hi Mike: You are correct as this section of the code only allows the Planning Director to consider and approve accessory outdoor dining permits to existing restaurants. With regard to new restaurants requesting accessory outdoor dining permits at the same time, they are usually considered and approved by the Planning Commission under the "umbrella" of use permits subject to the same criteria and conditions stated in this accessory outdoor dining section. In the past, the Planning Commission considered and approved accessory outdoor dining requests, in conjunction with use permits for new restaurant requests for Capri Blu Ristorante, located at 1617 Westcliff Drive in 2002, and Tony Roma's and Bennigan's Restaurants located at 2901 W. Coast Highway in 2003. These requests also include a parking waiver with a variety of parking and valet parking arrangements. The latter two did not impliment their use permits. As requested, please find the attached code amendment staff reports pertaining to outdoor dining. Please let me know if you need anything else. Rosalinh From: Michael Lee Toerge [ mailto:strataland @earthlink.net] Sent: Tuesday, September 18, 2007 3:39 PM To: Ung, Rosalinh Cc: Lepo, David Subject: Pannini Rosalinh — Please be prepared to discuss the appropriateness of utilizing the Accessory Outdoor Dinning Permit provision for a "new" establishment when the code refers only to "existing" Eating and Drinking Establishments. It seems disingenuous and inappropriate to allow a "new" Eating and Drinking Establishment to be designed and constructed in such a way to create an outdoor dining area that is exempt from standard parking requirements, particularly when the code uses the word "existing ". The word "existing" must have meaning If it was included In the code. 09/20/2007 Page 2 of 2 Michael Lee Toerge Strata Land Company, Inc. 3810 E. Coast Hwy., Suite 4 Corona del Mar, CA 92625 (949) 723 -1075 Tel (949) 723 -1550 Fax strataland earthlink.net 09/20/2007 Planning Commission Meeting May 18, 1995 Discussion Item No. Q, CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY May B, 1995 TO: Members of the Planning Commission FROM: Robin L. Clauson, Asst. City Attorney RE: Amendment No. 824 Request to Allow Restaurants and Specialty Food Uses to Expand to Include Outdoor Dining up to 25 Percent of Net Public Area Upon Application to Planning Director, and to Establish Parking Standards for Restaurants, Bars, and Nightclubs. BACKGROUND With the comprehensive amendment of the land use element of the General Plan in 1988, and the subsequent adoption of implementing ordinances, a whole group of new regulations were put into place controlling the permitted intensity and bulk of buildings generally based on traffic generation characteristics of the use. More stringent reduced floor area limits were placed on uses with higher than average traffic generating characteristics such as restaurants. In the same fashion, increased floor area limits were placed on uses with lower than average traffic generating characteristics such as marine service business and hotels. Under the City zoning regulations governing floor area and building bulk, (Chapter 20.07) , restaurants are designated as a reduced floor area ratio (FAR) with an allowable FAR of 0.3. Specialty food service uses are designated as a base FAR use at 0.5. Uses such as boat repair facilities, hotels, motels, light industrial buildings, and elderly residential developments are designed as a maximum FAR uses and are allowed to be built out to 0.75 to 1.0 times the total square footage of the site. At its meeting of February 27, 1995, the City Council requested that staff look into the feasibility of allowing for minor expansion of outdoor dining areas for restaurants and specialty food uses notwithstanding the floor area and building bulk restrictions. The City Council reasoned that outdoor dining was seasonal and sporadic, would add to the charm of the City without adding to building 'bulk, and better serve the demands of both residents and visitors without generation of additional demand for parking, or additional trips or traffic. At the March 27, 1995, meeting, the City Council initiated amendments to the Zoning Code which would allow restaurants to expand to include outdoor dining up to 25 percent of the net public area. The addition of outdoor dining would be subject to Planning Director approval of an application upon review of certain criteria. The City Council also initiated amendments to move provisions for parking standards for restaurants from Chapter 20.30 to Chapter 20.72 and to reflect the existing practice of establishing parking requirements within a range of standards based upon net public area. EXISTING ORDINANCE The existing floor area ratio ordinance (Chapter 20.07) precludes the owner of any property which currently exceeds the base development allocation from making an application to add or expand any outdoor dining areas to the extent that it would further increase the non - conforming status. Also, Chapter 20.08, Chapter 20.80, Chapter 20.83, and Chapter 15.38, of the Municipal Code further apply restrictions upon existing non - conforming restaurant uses which make it difficult to provide minor expansion or addition of outdoor dining, PROPOSED AMENDMENT The proposed amendment would provide that notwithstanding Chapter 20.07 (FAR Ordinance), Chapter 20.08 (Trip Reduction Ordinance), Chapter 20.80 (Use Permit Ordinance), Chapter 20.83 (Non- Conforming Uses Ordinance) , and Chapter 15.38 (Traffic Phasing Ordinance), that restaurants and specialty food uses may apply for the right to expand existing net public area up to 25 percent in the form of outdoor dining, upon the Planning Director's approval of an application to do so. The ordinance sets forth criteria for the Planning Director to approve or deny an application. The decision of the Planning Director under the proposed amendment would be final and not appealable. The proposed Zoning Code Amendment would also amend Section 20.72.060, relating to off street parking, to establish parking standards for restaurants, bars, or nightclubs. Parking requirements would be determined within a range of one space for each 30 to 50 square feet of net public area. The amendment would delete the restaurant parking standards provided in Chapter 20.30. The proposed amendments are shown on the strike out and red line version of the attached proposed ordinance. ISSUES RAISED BY THE PROPOSED AMENDMENT i. Whether to include specialty food uses. The specialty food use category was created to recognize that certain Fall limited small item food serving businesses operated more like a retail use than a restaurant use. The specialty food ordinance has a size and seating limitation of 2,000 gross square feet and 20 seats. Staff requests direction whether specialty food uses should be included in the provisions of this outdoor dining ordinance, or handled as a separate matter due to the following differences. A. The size of restaurants is measured by net public area while specialty food is measured by gross square footage. Therefore, a specialty food use of 2,000 square feet would be able to add up to 500 square feet of additional outdoor dining, which could be contrary to the original intent and purpose for the specialty food ordinance. If expansion for specialty food uses was to be limited to net public area as well, it would be difficult to monitor since net public area is not a required measurement to be calculated for these uses and staff would have no way of knowing whether the net public area had changed from tenant to tenant. B. Specialty food limits seatings to 20 persons. Should there be a corresponding 25 percent increase in seats? Does the additional square footage and seating change the comparison with a retail use of the same size? Since the intent of the proposed ordinance is to provide for a minor outdoor expansion, staff has suggested a cap of 500 square feet. This would prevent large restaurants from being permitting to add up to 1,000 square feet of outdoor dining without considering corresponding parking or traffic generation impacts. Since some restaurants will want to enclose or provide some sort of barrier for the outdoor dining, staff has provided suggested language with regards to roofing and barriers to eliminate the possibility that someday the outdoor area could end up fully enclosed and an expansion of the interior net public area. RECOMMENDED ACTION If desired, set proposed on June 8, 1995. perestau.rob Amendment No. 82 for public hearing r Robin L. Clauson Planning Commission Meeting June 8. 1995 Agenda Item No. 7 CITY OF NEWPORT BEACH Planning Department TO: Planning Commission FROM Assistant City Manager SUBJECT: Restaurant Outdoor Seating and Parking Standards Amendment No. 824 REQUEST: Allow restaurants to add or expand outdoor dining areas AND Amend off - street parking standards for restaurants, bars and theaterstnightclubs. ACTION: Conduct public hearing and, if desired, approve Resolution No. _ recommending to the City Council approval of Amendment No. 824 to Title 20 of the Newport Beach Municipal Code. SUMMARY: The City Council desires to expand the opportunities for outdoor dining within the City and initiated this amendment to allow the Planning Director to approve additional outdoor seating up to 25% of existing net public area notwithstanding floor area, building bulk and parking requirements. This amendment also consolidates the parking standards for restaurants from two sections of the General Controls portion of the Code to the Restaurant portion of the Code and clarifies the language. An axiom of commercial revitalization is: "outdoor everything," In downtowns everywhere, but particularly in Southern California, business operators are responding to customer preferences for outdoor sales and restaurant seating. The recently approved Twin Palms Restaurant is perhaps the most striking example of this trend. In older areas, outdoor seating tends to add charm and interest. In Newport Beach, however, outdoor restaurant seating is relatively scarce owing to the vagaries of the weather and the resulting hesitancy of restaurateurs to commit their hard won net public area to outdoor seating. Furthermore, restaurants are an important industry to the City because they draw patrons to other establishments and because they are the City's largest sales tax generator. Without outdoor seating, Newport Beach restaurants may not be able to compete effectively against restaurants in other cities. To overcome these problems, the City Council initiated this request to promote more opportunities for visitors and residents to enjoy outdoor dining. Page 2 .Details of the Request The attached ordinance presents the full text of the request, but generally this amendment would allow the Planning Director to approve the expansion or addition to a restaurant of up to 25% of existing net public area, but not more than 1,000 square feet for outdoor dining. Such approval would not amend any existing use permit, would be subject to certain conditions, would be revocable and would not be subject to appeal. The other portion of the amendment would consolidate the restaurant parking standards from two parts of the code to another and would clarify the language. Currently, these standards are listed twice under both the "H" and "Z" combining districts in Section 20.30. The amendment would consolidate these into Section 20.72 Restaurants. A copy of the existing language is attached for comparison to the proposed language... General Plan and Zoning Consistency With the comprehensive amendment of the Land Use Element of the General Plan in 1988, and the subsequent adoption of implementing ordinances, a whole group of new regulations were put into place controlling the permitted intensity and bulk of buildings generally based on traffic generation characteristics of the use. More stringent (lower) floor area limits were placed on uses with higher than average traffic generating characteristics such as restaurants. Under the City's zoning regulations governing floor area and building bulk, restaurants are designated as a reduced FAR with an allowable floor area of 0.3. That is, restaurants are permitted a floor area amounting to 30% of the buildable area of a parcel. In comparison, other less traffic intensive uses are permitted FAR's ranging to 0.75 or 1.0. The zoning code requires restaurants to provide one parking space per each 30 to 50 square feet of net public area. Outdoor dining when accessory to a primary indoor use depends greatly on the weather and is therefore seasonal and sporadic. Accordingly, the parking and traffic generation factors embodied in the general plan and zoning codes tend not to apply very well to outdoor dining areas. While it can be argued that any addition of net public area will increase patronage, the City Council in initiating this ordinance reasoned that outdoor dining would add little to building bulk and would generatelittle additional demand for parking or additional trips or traffic. Page 3 In addition to those related to traffic and parking, the issues raised by this request regard its applicability to other types of food establishments (not permitted as proposed) and to a variety of issues addressed on page 2 of the ordinance listing the conditions of approval. Generally, these pertain to amplified music, permitted physical structures and conformance with other conditions imposed by Use Permit. Sidewalk seating is another issue and would be permitted by this ordinance, but only after the City Council approved a separate encroachment permit. How many and what kind of restaurants will utilize this amendment is also a concern. The amendment applies only to those establishments which comply with the zoning definition of restaurant. That definition excludes drive -ins, take -outs and outdoor restaurants. Currently there are approximately 400 eating establishments within the City as follows: Examples Numb Club Food/Bar Sales Newport Harbor Yacht Club, Elks Club 14 Hotel Food/Bar Sales Four Seasons Hotel, Portofino Beach Hotel c Restaurants WIOn Sale Five Crowns, Malarkey's 95 Restaurants WBeer Crab Cooker, Gina's Pizza 112 Fast Food McDonald's, Daily Grill 163 All categories except Fast Food would qualify as a restaurant under the zoning definition and some of the fast food establishments might also qualify. Thus, well over 200 establishments within the City may be able to utilize this ordinance. At the Planning Commission meeting, staff will provide photos of existing outdoor restaurant seating and restaurants where outdoor seating may be added in response to this action. Kenneth 7. ino KJD:mb Attachments: Resolution MC Section 20.30.035 B(3) & B(4) Ordinance 20.30.035 PLANNING AND ZONING GENERAL CONTROLS —COMMERCIAL 20.30.035 (4) Restaurants: One space for each 40 square feet of net public area. "Net Public Area" shall be defined as the total area of the restaurant including patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens, restooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. Based on the following considerations, the Planning Commission may increase or decrease the parking requirement for a restaurant within the range of one space for each 30 to 50 square feet of net public area: I. The physical design characteristics of the restaurant (a) The portion of net public area designated for dining, cocktails or dancing. (b) The number of tables or seats, and their arrangement. (c) Other areas that should logically be excluded from the determination of net public area. (d) The parking lot design, including the use of small car spaces, tandem, and valet parking. (e) Availability of guest dock space for boats. II. The location of the restaurant. (a) In relation to other uses and the waterfront (b) Availability of off -site parking nearby. (c) Amount of walk -in trade. (d) Parking problems in the area at times of peak demand. III. The operational characteristics of the restaurant (a) Beer, wine, or full service bar. (b) The use of live entertainment. (c) The hours of operation. If during the review of the Use Permit, the Planning Commission uses any of the preceding considerations as a basis for raising or lowering a restaurant's parking requirement, the substance of such considerations shall become conditions of the Use Permit and a change to any of these conditions will require an amendment to the Use Permit. When an amendment to the Use Permit is required, the Planning Commission may increase or decrease parking requirements within the ranges noted above. (5) Outdoor Restaurants, Drive -in and Take -out Restaurants: One parking space for each 50 square feet of gross floor area contained within a building or in any outdoor area capable of being used for the purpose of serving food or beverages. In addition, one parking space shall be provided for each employee on duty, with the number of such spaces to be based on peak employment CITY COUNCIL AGENDA ITEM NO. Zi CITY OF NEWPORT BEACH PLANNING DEPARTMENT JULY 10, 1995 TO: MAYOR AND CITY COUNCIL FROM: ASSISTANT CITY MANAGER, PLANNING AND BUILDING SUBJECT: RESTAURANT OUTDOOR SEATING AND PARKING STANDARDS ACTION: If desired, introduce and pass to second reading Ordinance 95- amending the Municipal Code pertaining to outdoor dining and parking standards for restaurants. SUMMARY: The City Council initiated this item to allow the Planning Director to approve additional outdoor seating up to 25% of existing net public area notwithstanding floor area, building bulk and parking requirements. The ordinance also consolidates the parking standards for restaurants to one portion of the zoning code. CHRONOLOGICAL HISTORY: This item was first introduced by a Councilmembcr in April of 1995, and the City Council reviewed two versions of an ordinance prior to referring it to the Planning Commission which reviewed it first on May 18th and approved the final version on June 22, 1995. PLANNING COMMISSION DELIBERATIONS: The Planning Commission focused on four areas within the proposed ordinance. The first area relates to the maximum square feet of outdoor dining to be permitted. The Planning Commission discussed raising the limit to 1,000 square feet but decided to recommend 500 square feet. The second area relates to roof coverings and wall barriers. The Planning Commission expressed concern that expanded outdoor areas would become permanent all weather facilities. The Commission nevertheless did not want to prescribe specific features or treatments and thus opted for language which precludes roof coverings and barriers from having the effect of creating a permanent enclosure. Page 2 The third area relates to the applicability of the ordinance to the various types of restaurants. The ordinance recommended by the Planning Commission is applicable only to restaurants and not to specialty food uses, drive -in restaurants or take -out restaurants. The last area relates to the use of waiters or waitresses in the expanded outdoor areas. The Planning Commission expressed concem that outdoor dining areas be well kept and aesthetically pleasing, and they reasoned that table service would best assure that outdoor dining areas would maintain the charm and ambiance this ordinance is intended to promote. The complete Planning Commission staff report and a copy of the Planning Commission minutes are attached. L Kenn KJD:mb Attachments ORDINANCE N0, 95- 30 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMMING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO OUTDOOR DINING AND PARKING STANDARDS FOR RESTAURANTS The City Council of the City of Newport Beach hereby finds as follows: 1. It would be to the interests of the City of Newport Beach and consistent with Title 20 of the Newport Beach Municipal Code to provide regulations to enhance opportunities for outdoor dining at restaurants and specialty food businesses located within the City. Specifically, the City Council of the City of Newport Beach believes that to allow restaurants to provide minor expansion to accommodate outdoor dining will add to the charm of the City Without adding to building bulk and will better serve the demand of residents and visitors without generation of additional demand for parking or additional trips or traffic. 2. Outdoor dining is one of many factors which creates demand for a restaurant. Outdoor dining is seasonal and sporadic, and there is little connection between restaurant demand and the size of an outdoor dining area, provided outdoor dining is accessory to the primary indoor dining use. 3. The need for restaurant parking is based on many factors surrounding the physical design characteristics, operational characteristics and area characteristics of a restaurant and no specific amount of parking can be uniformly applied to all restaurants. Therefore, the City Council of the City of Newport Beach finds that amendments to Chapter 20.72 of the Newport Beach Municipal Code pertaining to accessory outdoor dining and parking regulations should be amended as follows: SECTION It Section 20.72.018 of Chapter 20.72 of the Newport Beach Municipal Code shall be added to read as follows:- 1 SECTION 20.72.018 Accessory Outdoor Dining. A. Notwithstanding any other provisions of this Chapter, Chapter 20.07, Chapter 20.08, Chapter 20.80, Chapter 20.83, and Chapter 15.38 of Title IS of the Newport Beach Municipal Code, the Planning Director may approve an application to add or expand outdoor dining to an existing restaurant or specialty food use provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the restaurant or specialty food use, or loon square feet, whichever is less, and is accessory to any indoor dining. An application to add or expand accessory outdoor dining shall be made on forms supplied by the Planning Department. Before approving an application, the Planning Director shall make the following findings: 1. That the proposed outdoor dining is accessory to the primary indoor restaurant or specialty food use. 2. The establishment, maintenance or operation .� inn accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. 3. That the proposed accessory outdoor dining will not be located so as to result'in reduction of existing parking spaces. B. The Planning Director's approval of an application to add or expand outdoor accessory dining shall be conditioned upon the following: 1. That the outdoor dining shall be subject to all the existing hours of operation, operational characteristics and conditions of any use permit applicable to the restaurant. 2. No amplified music or entertainment is permitted outdoors.. _ 3. All doors and windows leading to the outdoor dining shall remain closed while any approved indoor amplified music is being played. 4. Roof coverings shall not have the effect of creating a permanent enclosure. 2 5. Fences, walls or similar barriers shall serve only to define the dining area and not constitute a permanent all weather enclosure. 6. Such additional conditions the Planning Director deems necessary or appropriate to ensure operation of the outdoor dining is consistent with the findings made at the time of approval. C. The decision of the Planning Director to approve or deny an application is final, subject to call up by the Planning Commission or call up by the City Council for referral to the Planning Commission within fourteen (14) days. D. An application to add outdoor dining may be denied or approval of an application may be revoked or modified by the Planning Director upon a finding of the failure to comply with the conditions in this Section and all other applicable conditions and regulations. E. The provisions of the Section shall not apply to drive -in and take -out restaurants. SECTION 2: Section 20.72.060 of Chapter 20.72 of the Newport Beach Municipal Code shall be amended to read as follows: Section 20.72.D60 A. off - Street Parking. Off- street parking for restaurants, outdoor restaurants, bars and theater /nightclubs shall be as specified below. Based upon the following considerations, the Planning Commission or City Council on appeal shall establish the parking requirement for a restaurant bar, or theater /nightclub within a range of one space for each 30 to 50 square feet of net public area: 11 The physical design characteristics of the use including: a. The portion of net public area designated for dining, cocktails or dancing. b. The number of tables or seats and their arrangement. C, Other areas that should logically be excluded from the determination of net public area. kl d. The parking lot design, including the use of small car spaces, tandem and valet parking. C. Availability of guest dock space for boats. f. Sxtent of outdoor dining. 2. Operational characteristics, including: a. The amount of floor area devoted to live entertainment or dancing. b. The amount of floor area devoted to the sale of alcoholic beverages. C. The presence of pool tables, big screen televisions or other attractions. d. The hours of operation. 3. The location of the restaurant: a. In relation to other uses and the waterfront. b. Availability of off -site parking nearby. C. Amount of walk -in trade. d. Parking problems in the area at times of peak demand. If during the review of the use permit, the Planning Commission or city Council on appeal uses any of the preceding considerations as a basis for establishing the parking requirement, the substance of such considerations shall become conditions of the use permit and a change to any of these conditions will require an amendment to the use permit, which may be amended to establish parking requirements within the range as noted above. S. Off street parking for drive -in and take -out restaurants shall be: one parking apace for each 50 square feet of gross floor area contained within a building or in any outdoor area capable of being used for the purpose of serving food or beverages. In addition, one parking space shall be provided for each employee on duty, with the number of such spaces to be based on peak employment. C. Curb Cuts. The size and location of curb cuts for driveways shall be determined by standards on file in the 4 Department of Public Works. D. Circulation. Parking areas and driveways shall be arranged so that a free flow of vehicular traffic and adequate site clearances are permitted at all time. If the Traffic Engineer determines that there is a need to accommodate vehicles waiting for service, a reservoir parking area for standing vehicles shall be provided in additional to the other required parking and driveways area. E. For purposes of this Chapter "Net Public Area" shall be defined as the total area of the restaurant bar or nightclub /theater excluding kitchens, restrooms, offices pertaining to the use only, and storage areas. SECTION 3: Sections 20.30.035 (B) (4) and (5) , 20.30 .040 (B) (3) and (4), and Section 20.33.055 (A) (4) and (5) are hereby deleted. SECTION 4: That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. 5 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of Jdy , 1995, and adopted on the 14th day of , Au2ust 1995, by the following vote, to -wit: ATTEST: W11111 �i �i/i./ w�oraan�cux<xo.e�n AYES, COUNCILMEMBERS WATT DERAY HEDGES Cox - rr ra ZR +1IESL NOES, COUNCILMEMBERS MMUS ABSENT COUNCILMEMSERS 1M MAYOR - !N 6 Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Thursday, September 20, 2007 1:13 PM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Cc: Lepo, David; Alford, Patrick; Harp, Aaron Subject: Panini Cafe - Commission Eaton's questions Attachments: Eatonquestions.doc Barry: Attached is the list of questions that you sent earlier in the week with my responses. Rosalinh 09/20/2007 1) On page 5, the staff report mentions that the Bungalow restaurant has historically had an off -site parking agreement with this property, which expired in August of 2006. 1 assume that agreement was necessary to accommodate the required parking for that restaurant. What has occurred since then, to match up that restaurant with the loss of it's required off site parking? Have they replaced that parking somewhere else, or reduced their number of seats? If not either, is there not a requirement that they do one or the other? If they have done neither, has that resulted in an increased parking impact on the adjacent residential neighborhood? The Bungalow Restaurant has several current off -site parking lease agreements and therefore, are in compliance with their use permit. The Bungalow is currently opened during evening hours only and is required to provide 40 spaces. It currently has a total 44 spaces: 7 spaces on -site, 20 spaces at 2101 E. Coast (Coldwell's Bank), 10 spaces at 705 Carnation and 7 spaces at 707 Carnation. They also have a 30 -space, month -to -month parking agreement with Sherman Garden, evening hours on Wednesday, Thursday, Friday and Saturday 2) On page 9, the staff report indicates that the proposed valet service will operate in the vicinity of the alley entrance to the parking garage; and proposed Condition no. 47 appears to state that the valet operations shall occur "within the property", which I take to mean that they shall not occur within the alley R -O -W. Is this correct? Valet operations shall be within the subject property, not in the alleyway. The condition requires that the valet operation shall occur within the subject property. 3) However, it appears that there is only a 10' X 20' building setback from the alley that is not in front of the garage entrance, with 3 different doors opening onto that setback area; and the same paragraph states that the City Traffic Engineer has approved the proposed parking /traffic management plan, "with conditions ". Can a valet operation really operate in such a confined space? What "conditions" were imposed on the approval of that plan? (They do not appear to have been included in the packet.) The valet attendant can pull a vehicle forward to be located within the setback and partially within the parking garage. This will not block access to the handicapped parking stall or the HC loading zone (or the alley). The conditions placed on the valet operation include provision of adequate staff, placement of signs, and required garage width. 4) Further, the parking /traffic management plan states that customer traffic will be directed to use the alley extending to 4th street, both arriving to, and exiting from, the restaurant (rather than the portion of the alley extending to Begonia, apparently). Can the valet operation handle traffic in both directions from 4th street, when the only available area to stop cars without blocking the garage opening would be pointing towards Begonia? Traffic entering the restaurant is not required to enter from 4th Street. The way the valet operation can operate effectively is to have one attendant service an entering vehicle, another attendant service an exiting vehicle, and both the entering and exiting vehicles are stopped on -site within the drive apron. In a worse -case scenario, a vehicle could be temporarily parked in the setback area adjacent to the trash enclosure, equipment room, and DAN. 5) Further, the staff report notes that the only valet parking configuration that staff can recommend approval of, is the 12 space configuration within the garage; and that the proposed offset parking in Corporate Plaza can only be used for employees. That would mean that the 12 spaces available for customer parking would be the only non street parking available to serve the proposed 48 seats in the restaurant. I have not ever seen a restaurant parking requirement based on only one space for every 4 seats. Does staff feel this is adequate? Alternatively, has the applicant presented, or has staff verified, what percentage of their customers typically walk to their restaurant? The current City's parking standard for restaurants does not have different parking requirements for its patrons and/or employee. It is assumed that the required number of parking is for both customer and employee parking. The applicant indicated that approximately 69 percent of their customers travel by cars and the remaining 29 percent use other forms of transportation. These numbers have not been verified by staff. 6) On the same page, staff discusses the off site parking for employees in Corporate Plaza, which appears to me to be more than 1000' from the proposed restaurant. Does staff feel that this is a reasonable distance to be considered "useful ", as the PC is required to find? It may not be "useful" for customer parking but may be for employee parking. Are there any precedents or policies for how far distant proposed offset parking can be, and still be deemed acceptable in Newport Beach? No. 7) Further, on page 15 of the staff report, it notes that the Commission must also make a finding that such offset parking is "permanently available "; yet this application proposes only a 5 year lease, renewable for an additional 5 years. Does the City normally consider 5 years "permanent"? Are there any precedents or policy on how long a proposed lease should be, to be considered "permanent "? The restaurant is required to provide the required number of parking per code at all time, at approved on -site or off -site location(s). The term "permanently available" applies to the provision of such parking, not to the location of them. Should there be a termination of a lease agreement; the restaurant owner /operator must provide substitute parking at an approved location by the Planning Director or reduce the size or capacity of use in proportion to parking spaces lost. 8) Further, the discussion on page 15 notes that the owner of the parcel in Corporate Plaza has warranted that the parking spaces at that location have not been leased to any other user (see hand numbered page 79 for the actual language). But these spaces are proposed to be used for the entire duration of the proposed restaurant's daily operation, which includes breakfast, lunch and dinner, so it is not just a nighttime operation. Are the spaces in corporate Plaza in excess of those required by code for this building in Corporate Plaza, and that could normally be expected to be most in use during weekday hours? See answer #9. 9) Further, in the actual declaration of the Corporate Plaza property owner (on hand numbered page 79), he states that he has the right to lease out those spaces "free of the rights and claims of any third party". I was under the impression that there is a joint circulation and parking agreement for all of Corporate Plaza; and that there would, therefore, be 3rd parties who have a property interest in the availability of all of the parking spaces in Corporate Plaza. Is this incorrect; or are there limitations on the rights of property owners within Corporate Plaza to lease away common parking to outside parties? The owner of 7 Corporate Plaza has a 36 -space parking garage that is not a part of the Corporate Plaza parking pool. This garage was built for their personal use and not subject to the PC Text requirements. All parking for this building is being provided in common with the other Corporate Plaza buildings. The proposed off - site parking spaces for Panini are not located within the Corporate Plaza parking pool. These spaces are located within the 7 Corporate Plaza private parking garage, and therefore, would not impact the Corporate Plaza parking pool. 10) The staff report notes, on page 13, that there would not be a net increase in the number of ABC licenses in this area, because the applicant is requesting a transfer of his existing license, located about a block away. But is that existing location going to retain all the kitchen and other restaurant facilities currently in place at that location, if this applicant relocates from that site? If so, is it not reasonable to assume that there could well be an application for an ABC license for new user at that site, which will retain the right, under City Codes, to operate as a restaurant at that location? Yes. The new restaurant operator could apply for a new ABC license. 11) The proposed conditions of the proposed Resolution of Approval do not appear to contain condition no. 6 of the recommended conditions of the Police Department (hand numbered page 71). Did I miss this, or was it left out? If it was left out, was that a mistake, or deliberate? If deliberate, why? See condition 33 of the draft resolution. 12) Proposed condition no. 53 requires that a van - accessible handicapped space be maintained; and the plans show such a space in the garage. Is the garage height high enough to accommodate handicapped accessible vans? The applicant contacted the OCTA and have confirmed that per the requirement of the State of California, the 'Mini' ADA Bus is 70.5 inches in height which equals 5' -10- Y2". The garage clearance is 7' 4" so we have 17 - ' /2' in clearance. This information will be reviewed and considered by the Building Department as a part of tenant improvement submittal. Page 1 of 1 Ung, Rosalinh From: Ung, Rosalinh Sent: Thursday, September 20, 2007 12:58 PM To: Barry Eaton; Bradley Hillgren; Earl McDaniel; Jeffrey Cole; Mike Toerge; Robert C. Hawkins; Scott Peotter Cc: Brine, Tony; Alford, Patrick; Harp, Aaron Subject: FW: Panini Cafe - CDM Additional Docs Importance: High Attachments: Survey of Patrons.jpg; 15 Approval Pg 1 ]pg; 15 Approval Pg 2.jpg; 15 Approval Pg 3.jpg; 1997 Planning Letter.jpg; Ong Off -Site Pkg 17.jpg; Prior Valet Management.jpg The applicant submitted this e-mail with attachments to show the "pre- existing" parking configurations within the parking garage. From: Julie Pedersen ( mailto :julie @planetdesigninc.com] Sent: Thursday, September 20, 2007 12:34 PM To: rhawkins @earthlink.net; scott.peotter @taxfighter.com; bhillgren @cox.net; jeff.cole @cushwake.com; eaton727 @earthlink.net; strataland @earthlink.net; Ung, Rosalinh; Lepo, David Subject: Panini Cafe - CDM Additional Docs Importance: High Gentlemen: Attached please find copies of the following documents for your review and use as provided by Applicant Panini Caf& • Planning Department Request for Agreement 15 -Space Off -Site parking at 2421 East Coast Hwy, with valet service; • Diagram of 2421 East Coast Hwy with 17 Spaces' designation, stamped by Building Department; • Panini Cafe Survey of Patrons (31% Walk, 69% Drive; and • Panini Cafe Prior Valet Management Plan and photograph. Please feel free to contact us should you have any questions. Our office Team looks forward to seeing you this evening at the Planning Commission meeting. Best Regards, Julie Pedersen Administrative Assistant to Bill Edwards Planet Design Inc. 949.721.5500 x221 09/20/2007 N CA 0 a P, y J it M r. City Council Meeting March 23, 1981 Agenda Item No. f -8(a•) CITY OF NEWPORT BEACH T0: City Council FROM: Planning Department SUBJECT: aeauest for an Off -Site Parkin AA�reement in conjunctioe w?1 the expans of n of ..fie existing Hemingway's Restaurant facility in the C -1 District (Use Permit •No. 1778 (Amended) LOCATION: Lots 5 and 6, Block B of Tract No. 470, located at 2443 East Coast Highway in Corona del Mar (restaurant site). ZONE: C -1 APPLICANT: Randall H. Johnson, dba Hemingway's Restaurant, Corona del Mar' OWNER: Jim Wood, Corona del Mar. Application. This application requests approval of an-off -site parking agreement in conjunction with the expansion of Hemingway's.Restaurant facility. In accordance with Section 20.30.035(D) of the.Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council .shall not approve off - street parking on a.sepiLrate iot'frOm the build- ing site or sites unless: a) Such lot is so. located as to be useful in connection with the proposed uqe or uses on the building site or Sites. b) Parking on such l.ot!wili not create undue traffic hazards in the surrounding area. c). Such lot and• the building site are in the sane owner - ship, or the owners of the building sites have a- common ownership in such lot,,and the owner or owners are en- titled to 'the immediate possession a'nd use thereof .,(onnersh'ip of the off -site lot most be ownership in fee Or a leasehold interest of a duration -adequate to serve all proposed uses on the•bu)fdino site or sites). d) The. owner or'owners and the .City, upon the approval of the City toudeil, execute a written instrument or instruments , approved as to form and content by the City Attorney,,-pro.v�.dih9 for the maintenance of the., required off.. street .parking ail 'such -1.0t for the daratiOrl l6$ d S00/200d SZZ-1 -wom Zi ii L0.-OZ -60 TO: Pl- aing Commission - 3. The Modifications Committee pursuant to condition of approval no. 5 for Use Permit No. 1778, granted two (2) year extensions in September of 1978 and duly of 1980; the latter valid until September of 1982. Analysis The applicant is now requesting an amendment to the previously approved Use Permit No. 1778 to expand the existing dining area into an adjoining office space. Approval of an off -site parking agreement is also being requested in conjunction with this application. The proposed remodeling and expansion will increase the net public area•from the existing 1172 square feet to 1596 square feet. Based upon the current City standard of one parking space per 40 square feet of net public area, 40 parking spaces are required. The Planning Commission under Section 20.30.035 a. (4), of the Municipal Code may increase or decrease the parkin requirements of a restaurant .within the range of i'space per .30 ?53 spaces) to 50 (32 spaces) square feet of "net public area." Staff feels that one parking space for each 40 square feet of "net public area' should be adequate since no dancing or live entertainment is proposed. Parking As indicated on the attached site plan, the applicant is proposing to utilize a total of 45 parking spaces, 8 of which are located on -site, with the balance being off-sire-. These on -site spaces are identified as spaces 13 through 20 on the site plan. Off -Site Parking__ R Under the terms of the existing off -site parking agreement between tift applicant and the City, the applicant is required to provide not less than 22 off -site parking spaces on the property. adjacent to the site of the restaurant facility. Spaces identified as 1 through 12 to the fear of the existing-structure are on-Cot 7, located at 707 Carnation Avenue. The off -site parking on lot 7 was established under Use Permit No. 472, which was approved by the Planning Gommission on November 20, 1958. The use of the 12 spaces on this R -2 lot are restricted and the lot is to remain closed between the hours of 10:00 P.M. and 6:00 A.M. Those spaces identified as 1. through 10 are on Lot 6, located at 705 Carnation Avenue. The off -site parking lot on Lot 5 was established under Use Permit No. 1180, approved by the Planning Commission on July 20, 1967,' The use of the 10 spaces on this R -2 lot are also restricted and this lot.must similarily be closed between 10:00.P.M. and 6:00 A.M. The'.applicant is proposing to enter into an additional off -site parking agreement with the owner of a new commercial structure located at ;,2421 East Coast Highway, directly west of the subject property. --�A f$tal of 15 parking spaces will be made available for weekends and eve►iings only. According to the "letter of intent" submitted' by the - appl.icant and signed by the property owner. The applicant, intends to provide.valet parking service to facilitate the use of the off -site parting lots. T68 -d 500/600d SZZ -i -WONd ZT TT G0, -0Z -60 TO: City Council - 2. of the proposed use or uses on the building site or' sites. Should a change fn use or additional'-uae be proposed, the off - street parking regulations applic- able at the time shall apply.' Such instruments shall be recorded in the office of the County Recorder and copies thereof filed with the Planning Odpartment. Sungested Action If desired, adopt Resolution No. authorizing the execution of an off -site parking agreement between the City of Newport Beach and Randall N. Johnson, Corona del Mar. Planning Commission Recommendation At its meeting of.August 7, 1980, the Planning Commission voted unani- mously to approve Use Permit No. 1778 (Amended) which permitted the expansion of the existing Hemingway`s Restaurant facility in Corona del Mar. The Commission also recommended the acceptance of an off - si-te parking.agreement for a portion of the required parking spaces. Forty (40) off- s.treet.parking spaces were required by the Commission in conjunction with the expanded restaurant development. Eight of the required parking spaces are located on the. restaurant site. Twenty - two (22) additional parking-spaces for the restaurant use are located on two off -site parking lots,located'at 705 and 707 Carnation Avenue, that were approved by the City in'1958 and 1967. The applicant is now. proposinV to enter into an -additional- off -site parking agreement for the remarking ten required parking spaces with the'owner of the new commercial structure located -at 2421 East Coast Highway, westerly of the subject property. Said parking spaces Mill be utilized by the restaurant facility during the evening. hours when the commercial use is closed for business. The Commission approved Use Permit No. 1778 (Amended) subject to. five Findings and nine Conditions of Approval as set forth in the excerpt of the Pianni.ng Commission. minutes which is attached. Also attached for the information 'and review of the City'Council is a copy of the Planning Commission Staff Report which fully describes the applicant's request. Respectfully submitted, PLANNING DEPARTMENT JAMES 0. HEWI'CKER, Director by Z'1_ NiAT!r'� 1 Current :Planning dmini- Vtrator 11RL /kk ,A-ttachments for City Council Only. l) Yfcinity Map 2) Excerpt of the Planning Commission Minutes dated 817/80 3) Planning Commission Staff Report with Attachments &.A t68 -3 5001800d SZZ -Z -WOH9 ZT :TT L0, -8Z -60 CITY OF NEWPORT BEACH RO. SOX 1748, NEWPORT SEACK CA 926"15 COMMUNITY AND ECONOMIC DEVELOPMENT Planning nepartaaent (114) 6443200 November 3, 1997 Mark and Cindy Holechek Holechek Food and Spirits, Inc. % The Btngalow, 2441 F. Coast Hwy. Comm del Mar, Ca 92625 Subject Property: 2441 E. Coast Highway, Newport Reach, C alifarnis Re: Use Permit N0.1778 and 1778 (AMMAMI Outdow Dining Permit No. 17 Dear Mr. and-Ms. Holeehek: Dosing a recent conversation with Ms. Janet Divan; Associate Cavil Fatgirar, with the Public Works Departmem you were directed to elimmate any fietber cgttws of aulamobilea am Carnation Avenue from your facility. Contrary mlhis direction the valets) ate coadmiin8 to return automobiles to your custonwrs such that the atomobiles are facing toward Carnation Avenue instead of Toward Begonia Avenue. 'this adds to a situation of congestion on site and to automobiles backed up on Carnatiou Avenue. Now, unless this situation is corrected immediately as requested, this matter will be rekted to the Platoons Commisdon ft their review and wcommendatioa. To discuss this low you should contact Jim Siam& between. the haws of 7:00 to 8:00 am. or 3:30 to 4:00 p.m. at (714) 644 -3215. vety truly yam, PLANNING DEPARTMENT Patricia Temple, Director By= Supervisor xc: V Jay Garcia, Senior Planner, Planning Department Janet Divan, Associate Civil Engineer, Public works Department File: Use Pe ft ewport d AtRdoor An ePe No. 19 ,r , 1b8 -3 5001500d 5ZZ -1 -WOH3 Z1 :11: 401-OZ -60 ♦f . th /4'' • I L. J14 �' .. D T� 1 6E8-d i60 /i00d 02Z -1 1 I 1 f i -"A 50401 M -02 -68 F t ,� �'� }lf� 1 'ltd • , \7' I I Y A;. t�• .�. ♦f . th /4'' • I L. J14 �' .. D T� 1 6E8-d i60 /i00d 02Z -1 1 I 1 f i -"A 50401 M -02 -68 ,-y • °4 o a O .Oo 9 i3 oepb o O a O 3 aO 1 p Oy u s JXlY O pr J C _o I `Ov - v s, 1" Oe V y f � a .Y n w e „ °4 o a O .Oo 9 i3 oepb o O a O 3 aO 1 p Oy u s JXlY O pr J C _o I `Ov - v s, 1" Oe V y f � a .Y