HomeMy WebLinkAboutZinc Cafe & Market (PA2003-225) 3222 E Coast HwyCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
April 21, 2005
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
run - ((&city. newport- beach.ca. us
(949) 644 -3208
SUBJECT: Zinc Cafe and Market
Annual Review of Amendment to Use Permit No. 2001 -040
(PA2003 -225)
3222 East Coast Highway
APPLICANT: Newport Beach Planning Department
BACKGROUND
On January 17, 2002, the Planning Commission considered and approved Use Permit
No. 2001 -040, to allow the operation of Zinc Caf6 and Market on East Coast Highway in
Corona del Mar. The Use Permit also included a reduction of the required off - street
parking. The restaurant has approximately 48 seats for both the indoor and outdoor
dining areas (32 inside and 16 outside). The staff report and minutes from the January
17, 2002 meeting and Resolution No. 1549 with conditions of approval are attached as
Exhibit 1.
On March 18, 2004, the Planning Commission considered and approved an Amendment
to Use Permit No. 2001 -040, to allow the restaurant portion of Zinc Cafe and Market to
extend its hours of operation to 8:30 p.m., seven days a week and to allow the
establishment to operate with a Type 41 (On -Sale Beer and Wine Eating Place) License,
pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). The Planning Commission
also required a follow -up review of the operation to assess employee parking
arrangements (Condition #14), the trash conditions (Condition# 9) and deliveries
(Condition# 6). The staff report and minutes from this meeting and Resolution No. 1627
containing operating conditions are attached as Exhibit No. 2. The amendment of the Use
Permit was subsequently called for review by the City Council.
On April 13, 2004, the City Council upheld the decision of the Planning Commission and
added a condition that requires the applicant to adopt, maintain and strictly enforce a
condition of employment that requires the employees to park at the municipal lot on
Zinc Cafe and Market (PA2003 -225)
April 21, 2005
Page 2
Bayside Drive or along Bayside Drive. The minutes of this meeting are attached as
Exhibit No. 3.
DISCUSSION
The entire establishment (restaurant and take- outtretail sales market) currently operates
from 7:00 a.m. to 6:00 p.m., seven days a week. The establishment is under the same
operator, Mr. John Secretan. A site visit conducted on March 15, 2005 revealed that
there have been no substantial changes in the business operation. The restaurant
portion of the establishment is opened for breakfast and lunch only. Mr. Secretan has
chosen not to exercise the later business hours for dinner service as the 8:30 p.m.
closure did not provide for enough hours that would help his business stay financially
viable. The restaurant serves beer and wine with its meals under a Type "41" License.
On -site consumption of alcoholic beverages is limited to the restaurant portion of the
establishment including the outdoor patio. The take -out market stays open throughout
the day until 6:00 p.m. The on -site parking is well utilized and mostly full during the
peak hours of each meal. The circulation pattern continues to work fairly well for the
establishment. On- street parking in front of the store and along the north side of Coast
Highway is still favored by the customers.
As stated above, this review focuses on the establishment's employee parking
arrangement, the existing trash condition, and on -site delivery. The Planning
Commission required this condition in order to ensure that the concerns raised by the
nearby residents during the previous public hearings are adequately addressed and
complied with by the business operator. Staff contacted Code Enforcement staff and
the Police Department regarding these concerns and noted the following:
Employee's Parking
As a condition of approval (Condition #14), the operator is required to purchase employee
parking permits and the employees are required to park in the municipal lot located
across Coast Highway, behind Rite -Aid and Bandera's Restaurant. The operator
purchased a total of eight parking permits for the restaurant's employees annually for the
calendar years of 2003, 2004 & 2005 (see Exhibit 5). However, within the past year, the
Code and Water Quality Enforcement Division received two complaints from a nearby
resident regarding the restaurant's employee parking on the public streets. These
complaints resulted in two citations, one on December 3, 2004 and on January 20, 2005
(see Exhibit 6). After these incidents, the parking restrictions are now well explained to all
existing and new employees according to the operator. The operator has implemented a
parking agreement with his employees requiring them to park in the municipal parking lot
(see Exhibit 7). Each employee has signed the agreement that explains where to park
and the ramifications if violated. Since this action, staff has not received any other parking
related complaints from the nearby residents.
Zinc Caf6 and Market (PA2003 -225)
April 21, 2005
Page 3
The site visitation also revealed that the operator has installed a small storage shed at
the northeast corner of the parking lot, adjacent to the trash enclosure. The structure
eliminated a parking space. After notifying the operator of the violation, the structure
has now been removed from the premises.
Trash Area
The site visit also revealed that the existing trash enclosure and parking lot areas are well
kept, free of debris and odors. Trash collection is done seven days a week. The Code
and Water Quality Enforcement Division received no complaints from the nearby
residents regarding the restaurants trash storage and disposal conditions.
Deliveries
The last item for review is the on -site delivery requirement (Condition# 6). The Planning
Commission required this condition in order to address any potential traffic and
circulation impacts along the alley and Coast Highway caused by delivery trucks
servicing the establishment. This concern was also raised by the nearby residents
during the previous public hearings. The two -way alley is located behind the subject
property, and serves the project site, neighboring residential properties and other
nearby commercial uses. This alley is approximately 14 feet wide and narrows down to
13 feet in some areas due to the existence of power poles. Throughout Corona del Mar,
14 feet wide alleys are the standard. The thought behind this condition is to require all
delivery trucks servicing the establishment to load and unload on -site, in the parking lot,
and outside of peak operating hours so that all access and parking will not be blocked,
even though loading and unloading for commercial deliveries in the City are allowed in
the public alleys up to 20 minutes according to the Municipal Code Sections 12.48.060
and 12.48.090.
The operator stated in his letter March 10, 2005, that on -site parking lot delivery is not
usually possible as the patrons would attempt to back out of the parking lot onto Coast
Highway in an unsafe manner when delivery trucks are parked in the parking lot. The
one -way, 11 -space parking lot is too small to accommodate any large delivery trucks.
As a result, most of the deliveries have been made from the alley behind the
establishment. As of this date, staff is not aware of any problems, or received any
complaints from the nearby residents regarding this situation. Staff acknowledges that
enforcement of this condition is a low priority and is difficult to control unless complaints
are received.
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
Zinc Cafe and Market (PA2003 -225)
April 21, 2005
Page 4
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.
Staff recommends that the Planning Commission take public testimony and determine
appropriate action. The use has been operating in violation of Condition No. 6 (on -site
delivery) and Condition No. 8 (outdoor storage); however, the violation of Condition No.
8 has been abated. Staff also suggests that the Planning Commission consider
potential changes to the conditions or operational character to alleviate any concerns
uncovered during the hearing. Condition No. 36 can be extended to require another
review of the above stated concerns in the future should that be deemed appropriate.
Prepared by:
dw C,WA, F"
Rosalinh Ung, Associate Planner
Exhibits
Submitted by:
Patricia L. Temple, Planning Director
Planning Commission Staff Report, Minutes and Resolution from the
March 18, 2004 meeting
2. City Council Minutes from the April 13, 2004 meeting
3. Planning Commission Staff Report, Minutes and Resolution from the
January 17, 2002 meeting
4. Letter dated March 10, 2005 from John Secretan
5. Parking Permit Receipts for calendar years of 2003, 2004, and 2005
6. Parking Citations
7. Zinc Cafe Employee's Parking Agreement
EXHIBIT 1
PC STAFF REPORT, MINUTES, & RESOLUTION
FROM 3/18/04 MEETING
6
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
TO: PLANNING COMMISSION
FROM: Planning Departrnent
Rosalinh Ung, Associate Planner
rung 0city. newoort- beach. ca. us
(949) 644 -3208
SUBJECT: Zinc Caf§ and Market
Amendment to Use Permit No. 2001 -040
(PA2003 -225)
3222 East Coast Highway
APPLICANT: John Secretan
350 Ocean Avenue
Laguna Beach, CA 92651
REQUEST:
Agenda Item No. 2
March 18, 2004
FILE COPY
The applicant is requesting an amendment to Use Permit No. 2001 -040, to allow the
restaurant portion of Zinc Cafe and Market to extend its hours of operation to 10:00 p.m.,
seven days a week and to allow the establishment to operate with a Type 41 (On-Sale
Beer and Wine Eating Place) License, pursuant to the Alcoholic Beverage Outlet
Ordinance (ABO)...
On January 17, 2002, the Planning Commission considered and approved Use Permit
No. 2001 -040, to allow the operation of Zinc Cafe and Market on East Coast Highway in
Corona del Mar. The Use Permit also included an approval for a on- street parking
waiver.
The restaurant has approximately 48 seats for both the indoor and outdoor dining areas
(32 inside and 16 outside). No alcoholic beverages are currently sold on the premises
at this time.
A
Zinc Cafe _,id Market (PA2003 -225)
March 18, 2004
Page 2
Amendment to Use Permit No. 2001 -040 (PA2003 -225)
3222 East Coast Hiahwav
Current
Development:
Zinc Cafe and Market
To the north:
Service commercial & residential uses abutting the project site
To the east:
Service commercial use abutting the project site & residential use across the alley
To the south:
Restaurant & bar use (The Quiet Woman) abutting the project site and restaurant,
retail & service commercial uses across East Coast Highway
To the west:
Restaurant (Bandera's), retail & service commercial uses across East Coast
Highway
1
Zinc Caf6 _. id Market (PA2003 -225)
March 18, 2004
Page 3
Site Overview
The property is located on the north side of East Coast Highway between Larkspur and
Marguerite Avenues in Corona del Mar, and is approximately 8,397 square feet in size.
The property is zoned Retail & Service Commercial (RSC), and contains a 2,945
square foot building and a 250 square foot outdoor patio. An 11- space, on -site, parking
lot is located on the west side of the property and is accessible from East Coast
Highway that serves as the main vehicle entrance. Exiting from the parking lot is
through the existing alley located behind the property. This alley is also being utilized by
the neighboring residential properties and other nearby commercial uses.
The existing restaurant is located between a dry- cleaning establishment and a
restaurant and bar establishment (The Quiet Woman), residential units to rear of the
establishment across the alleyway, and retail and service related commercial uses
(Bandera's Restaurant and Rite -Aid) are located across East Coast Highway.
Proiect Overview
The applicant is requesting to extend the business hours of the restaurant to 10:00
p.m., seven days a week. The hours of operation are currently limited to the following
schedule:
Restaurant: 7:00 a.m. to 6:00 p.m. (everyday)
Retail and Espresso Bar: 7:00 a.m. to 10:00 p.m. (everyday)
The proposed business hours would allow the restaurant to provide full - service dinner
in addition to the breakfast and lunch provisions. The applicant indicates that the
requested hours for dinner service would help his business stay financially viable and
satisfy the patron's desire for evening meal service. Please see Exhibit 2 for further
information.
The applicant will be providing a dinner menu similar to the Zinc Cafe & Market located
in Laguna Beach. Beer, wine, and champagne will be available with meals for on -site
consumption only. Menus of the breakfast, lunch, and dinner and a beverage list are
attached as Exhibit 3. The applicant is also requesting to sell bottled alcoholic
beverages in the retail section of the establishment. The retail portion of the business
currently displays for -sale kitchen accessories and cookbooks.
The opening and closing shifts on both sides of the establishment utilize two employees
and a maximum of eight employees during the busiest hours during the regular shifts.
The request for a Type "41" License would allow the restaurant to serve beer and wine
with its meals and the retail sales of bottled alcoholic beverages in the retail section of
the establishment should it be approved. No live entertainment or dancing is requested.
Zinc Cafd _.. id Market (PA2003 -225)
March 18, 2004
Page 4
Analysis
An amendment to the existing Use Permit is now required since the applicant is
proposing to alter the operational characteristic of the existing eating establishment by
extending the business hours and the request for an alcoholic beverage license.
Hours of Operation
The entire facility (restaurant and retail sales components) is currently open from 7:00
a.m. to 6:00 p.m., seven days a week. The retail section and espresso bar are allowed
by the approved Use Permit to open until 10:00 p.m., for purchasing of deserts or other
retail items. The applicant chooses to close the establishment early since there are no
activities during the evening hours. As mentioned previously, the establishment has a
small dining patio. It may be of concern to allow the patio area to stay open until 10:00
p.m., since it is located close to a residential area. This concern could be addressed by
requiring the outside patio to close by 9:00 p.m., each night; an hour earlier than the
inside dining area of the restaurant. Final seating for the patio area would then be 8:00
p.m.
Alcoholic Beverage Outlet Ordinance (ABO):
The applicant is requesting a Type 41 License to permit the on -site consumption of
beer and wine in the restaurant portion and the ability to sell bottled alcohol beverages
in the retail side of the establishment. Section 20.89.030.B of the Alcoholic Beverage
Outlet Ordinance (ABO) requires the Planning Commission to consider the following
factors:
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 county-wide average.
4. The numbers of alcohol - related calls for service, comes 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.
In accordance with the foregoing, and in order to provide the Planning Commission with
the necessary data and analysis to make the required findings, each of the factors is
discussed as follows:
Zinc Cafe ..,d Market (PA2003 -225)
March 18, 2004
Page 5
1. Public Convenience or Necessity. The existing restaurant is presently serving
breakfast and lunch. The service of beer and wine is made for the convenience of
patrons dining at the restaurant. Once the requested hours have been approved, full -
service dinner will be served in the restaurant. The sale of alcoholic beverages is a
typical accessory use to a full - service restaurant and the public expects and demands
this service. The retail sales of beer and wine for off -site consumption is not an
unreasonable request since the establishment does have a retail sales area where food
accessories (wine glasses, dishes, tableware, cookbooks, kitchen/home accessories
etc.) are displayed and sold on the premises. Approval of the sale of alcohol for both
on- and off -site will serve the public's convenience as opposed to the public necessity.
2. Crime Rate. Citywide, there were 7,057 crimes reported during calendar year
2002, of which 2,609 were Part One Crimes (serious offenses). The remaining 4,448
were Part Two Crimes that include alcohol related arrests. The project site is located
within Police Reporting District No. 44 and the Part One Crime rate for the RD, two
adjacent RD's, City, California and National averages are shown in the following table
for comparison.
RD No. 44
2470.46
City Average:
3448.23
RD No. 39:
35829.49
1 Calffornia:
3902.90
RD No. 43:
4221.39
1 National:
4160.50
During 2002, the number of Part One Crimes in RD No. 39 was 311 and the number of
Part Two Crimes was 277. RD No. 44 had 138 Part One and 265 Part Two Crimes; and
RD No. 43 had 45 Part One and 48 Part Two Crimes. As shown in the previous tables,
the crime rate in RD No. 44 is lower than adjacent districts and other averages used for
comparison.
3. Over Concentration. There are a total of 24 active ABC licenses within RD No.
44. The census tract within which the restaurant is located has a higher ratio of liquor
licenses (1 license for every 193 residents) when compared with the average ratio for
Orange County (1 license for every 592 residents) since there is very limited population
within the census tract and a high number of restaurants and other retail establishments
that sell and serve alcohol. The area is typified by full - service, sit -down restaurants that
are complimentary to the office, retail commercial and entertainment uses along the
Coast Highway area. As noted by the Police Department report, the requested on -sale
alcohol license is not expected to generate additional crime problems in the area due to
the nature of the business. The concentration of alcoholic beverage licenses within the
area is not considered by the Police Department as detrimental to the community.
4. Alcohol Related Crimes. The Police Department has provided statistics for
driving under the influence and plain drunk arrests. There were a total of 208 arrests
consisting of which 40 driving under the influence arrests and 44 plain drunk arrests
10
Zinc Cafe ._. id Market (PA2003 -225)
March 18, 2004
Page 6
within RD No. 44 in 2002. The percentage of alcohol related arrests within RD No. 44 is
40% (84/208).
City -wide, alcohol related arrests account for 40% (1,608/4,005) of all arrests made.
The alcohol - related arrest rate in the two adjacent reporting districts is 29% for RD No.
39 and 45% for RD No. 43. The rate within which the project is located, RD No. 44, is
the same as the city -wide average and lower than RD No. 43. The Police Department
does not believe that the proposed request will generate a significant increase in
alcohol - related incidents.
On -site consumption of alcoholic beverages will be limited to the restaurant portion of
the establishment including the outdoor patio. -The patio is accessible from the
restaurant and is physically separated from the adjacent parking lot by a 36 -inch high,
wrought iron fence and stucco wall. .
The requested retail sales of bottled alcohol beverages (wine and champagne) in the
establishment's retail section, in conjunction with the food - related accessories would
not be an unreasonable request. This request should be limited as an accessory aspect
of the retail portion establishment so a future operator could not create a retail store.
5. Adiacent Uses. The site is adjacent to residences but no day care centers,
schools, or park and recreation facilities are located in the vicinity of the project site. In
accordance with the ABO Ordinance, the Police Department has reviewed the Use
Permit application and has determined that no additional conditions related to design
and security are necessary. However, the proposed operating hours with closure of the
patio at 9:00 p.m., and the lack of live entertainment and dancing on the premises,
should reduce any potential negative impacts to the nearby residences.
Parking
Pursuant to Chapter 20.15, Commercial Districts, Zinc Cafe and Market is defined as a
full - service, high turnover eating and drinking establishment. And a full - service, high
turnover, eating and drinking establishment requires off -street parking pursuant to
Chapter 20.66 of the Municipal Code within a range of 1 space for each 30 to 1 space for
50 square feet of net public area. The Planning Commission considered and established
the parking ratio for the restaurant portion at one space for every 50 square feet of net
public area. The parking ratio for the retail portion of the project is one space for every
250 square feet. With the above determinations, the Commission approved, in
conjunction with the Use Permit, a parking waiver of 18 spaces (29 required, 11
provided) and required the establishment to provide and maintain eleven (11) on -site
parking spaces at all times. The establishment was also required to provide employees
with parking passes for the municipal lot across Coast Highway. A copy of current paid
parking receipt for the employees is on file with the Planning Department.
J,
Zinc Cafe, A Market (PA2003 -225)
March 18, 2004
Page 7
There are no proposed changes to the approved floor plan layout that would cause the
overall net public area of the establishment to increase.
The approval of the parking reduction was based on: 1) the operational characteristics
of the business; 2) a substantial amount of walk up traffic; 3) peak operational times
during the morning and lunch hours (not evening); and 4) the municipal parking lot
located in close proximity to be useful in conjunction with the business. Evening hours
were excluded with the approved Use Permit due to the fact that the applicant proposed
a breakfast/lunch business and the availability of parking within the municipal parking
lot across Coast Highway during evening hours is limited when Bandara's is open. To
date, no parking related complaints have been received by the City attributable to this
establishment.
The proposed increase in the restaurant's business hours necessitates the need to
reevaluate the parking demand for the establishment during the evening. Staff visited
the establishment on two separate occasions during the peak hours for each meal
period. During the visitations, staff focused on the parking patterns of the business,
which includes the utilization of the on -site parking lot where the customers typically
parked, and the mode of transportation of the customers.
According to the applicant, the establishment currently has the following peak hours:
8:00 a.m. to 10 a.m. for breakfast and 11:45 a.m. to 1:00 p.m. for lunch. Peak hours on
weekends are from 8:00 a.m. to 2:00 p.m.
The site visits showed that the existing business is thriving both at breakfast and lunch
times but very quiet during evening hours. This is mainly due to the closing of the
restaurant side at 6:00 p.m. each day. The on -site parking lot is well utilized and mostly
full during the peak hours of each meal. The circulation pattern apparently works fairly
well for the establishment. On- street parking in front of the store and along the north
side of Coast Highway is favored by the customers. The on- street parking along this
stretch of Corona del Mar is restricted to one -hour parking. This restriction is apparently
acceptable since the majority of customers have finished their meals or stops for pick-
ups within this time frame.
Staff noted that a few customers had parked on residential streets of Larkspur Avenue
and Marguerite Avenue. This situation occurs more so during the lunch hours when the
on -site parking lot and spaces in front of the business are full.
The majority of the customers arrived by cars, and some appeared to be walkups. Staff
noted that there are more walk -up customers in the mornings than at lunch.
Besides the on- street parking along both sides of Coast Highway, there are two
municipal parking lots located across Coast Highway, behind Rite -Aid and Bandera's
Restaurant. These lots are not full in the morning and afternoon times. They have paid
.a
Zinc Caft. :id Market (PA2003 -225)
March 18, 2004
Page 8
meters until 6:00 p.m., and are generally full after 6:00 p.m. each day. The nearby
restaurants ( Bandera's and Quiet Woman) in the immediate vicinity are depending on
these lots for off -site parking. The Bandera's Restaurant has the best parking
advantage than any other nearby restaurants while the Quiet Woman provides no
parking and solely depends on on- street parking.
As proposed, the peak operational times for the establishment will be expanded to
include dinner hours. The municipal parking lot located in close proximity may face
additional demand at night times.
The site provides 11 total parking spaces and the presence of the municipal parking
lots across the Highway can be used to support approval of the extended restaurant
hours. However, the effect of the dinner crowd is a concern since the establishment is
close to residential properties. The later closure time of the restaurant would mean
having vehicles exiting through the neighboring alleys later in the evening. This
increased activity and increased demand for parking in the neighborhood with all the
nuisances associated with it may be detrimental to nearby residents of which. in the past
had expressed concerns of noise and encroachment of commercial parking within
residential areas.
The last item of consideration is the six -month review of the on -site parking lot. The
Planning Commission required this condition in order to determine the functional
characteristics of open parking lot arrangement at the subject site and to ensure that it
is compatible with the surrounding community and existing environment. There was a
lengthy discussion in determining whether the parking lot should remain open to the
general public or to have it chained off after business hours. The thought behind this
arrangement was to provide the area with 11 additional parking spaces for use when
the restaurant portion is closed. The option of chaining off the parking area is to protect
the nearby residences from noise and traffic related problems after 6:00 p.m.
As of this date, staff is not aware of any problems generated from the open parking
arrangement and have not received any complaints from the nearby residents. The
applicant has no parking agreement with anyone for the use of the parking lot after
hours. Site visitations also revealed that the parking lot is being well kept, free of debris,
and is empty of cars after 6:00 p.m., since the applicant is voluntarily closing the retail
portion of the business at 6:00 p.m. when the restaurant is required to close.
Public Comments
As a part of this Amendment, the applicant has submitted a list of the patrons with their
traveling distance and mode of transportation (Exhibit 4). This list shows that the
restaurant mainly serves the Corona del Mar community but at the same time it attracts
customers from other nearby cities. The list revealed that approximately 35 percent of
13
Zinc Cafe u. id Market (PA2003 -225)
March 18, 2004
Page 9
the patrons do walk and the remaining patrons come by cars with a small number of
persons using bike transportation.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities).
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.
Conclusion
Section 20.91.035 of the Newport Beach Municipal Code provides that in order to
approve 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.
Zinc Cafe has proven to be a positive addition to the Corona del Mar community by
providing an attractive establishment with a flare of its own. It is a community serving use
with pedestrian oriented traffic but at the same time it is a destination location. Staff is of
the opinion that the findings for approval of this application can be made since the change
in the operational characteristics for an increase in the hours of operation is an expansion
of the food service portion of the facility. The later closing time is being requested to
accommodate the principal purpose of the sale of food and beverages at dinner time and
not necessarily the sale and service of alcoholic beverages. Staff and the Police
Department do not have concerns with the requested ABC license. The request for a
Type "41" License is supportable with operating conditions. The on -site parking lot of 11
spaces is available to accommodate its customers during the requested hours.
Staff, however, is concerned that the level of intensity proposed will create negative
impacts to the abutting residential area in terms of additional noise generating from the
open patio, exiting vehicles through the alleyways, and increased parking demand in
the residential area in the evenings. Based upon the analysis contained in this report,
there are valid concerns with regard to parking, traffic, and noise mainly because of its
close proximity to residential properties. The Commission could require the dining patio
\%k
Zinc Cafe ._ id Market (PA2003 -225)
March 18, 2004
Page 10
to close at 9:00 p.m. instead of 10:00 p.m., to reduce the level of outside noise
associated with the patio.
The Commission has the option to approve an amendment to the Use Permit as
requested - to allow the restaurant to remain open until 10:00 p.m. and to allow the
establishment to operate under a Type "41" License. A draft Resolution of approval
containing the proposed conditions for the amendment as well as the original conditions
has been prepared for the adoption reincorporating the old conditions in order to have
continued implementation.
The Commission may address the outside noise and parking issues by approving any
variation of the restaurant hours of operation and approve the request for Type 041"
License.
Another option is to deny the proposed request altogether due to the concerns
discussed above. The findings for this option are attached as Exhibit No. 6.
Prepared by:
40'�
R salinh Ung, ssoci a Planner
Exhibits
Submitted by:
Patricia L. Planning Director.
Resolution No. 2004 -_; findings and conditions of approval
2. Findings for Denial
3. Police Department Report
4. Letter and project description from the applicant
5. Food menus from the applicant
6. List of Supportive Patrons from the applicant
7. Staff Report dated January 17, 2002
8. Excerpt of Minutes dated January 17, 2002
9. Approved Project Plans
`h
Planning Commission Minutes 03/18/2004
HEARING ITEMS
Page 2 of 17
SUBJECT: Zinc Cafe (PA2003 -225) ITEM NO.2
3222 E. Coast Highway PA2003 -225
Request an amendment to Use Permit No. 2001 -040, to allow the Approved
restaurant portion of Zinc Cafe and Market to extend its hours of
operation to 10:00 p.m., seven days a week and to allow the
establishment to operate with a Type 41 (On -Sale Beer and Wine
Eating Place) License, pursuant to the Alcoholic Beverage Outlet
Ordinance (ABO).
Commissioner Eaton clarified with staff that the two issues of this
item could be enacted upon separately.
John Secretan, applicant noted the following:
• Request is to extend the hours to 10:00 p.m. for economic
reasons.
• Business has been spotty to make the dollars that are required
to make the business continue.
• The business has been well received in the community.
• The restaurant is not noisy, and is designed to be comfortable
and relaxing.
• He does not expect any problems with the sale of beer and
wine.
• Deliveries will be done in the morning hours and done through
the parking lot, not the alley.
Commissioner Selich noted:
• The original approval had a finding that the operational
characteristics of the use, particularly the hours of operation,
were the reason for the granting for a parking waiver. One of
the reasons was that the use did not overlap into the other
restaurants in the area and compete with parking.
• These permits run with the property, not the person /entity.
• If the applicant's cafe would leave, whatever restaurant came in
would be under that use permit. We have to be careful that we
do not get another restaurant in that building that overlaps
hours and causes parking problems.
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. He then asked the applicant if the proposed extended evening
hours could be until 7 or 7:30 p.m. to get the early dinner crowd
but not the whole evening.
. He then expressed his concern about granting full operation to
10:00 P.M.
Mr. Secretan answered that:
. He would find it unsuccessful to limit his use to 7:30 p.m. as his
clientele eat between 7:30 p.m. to 9:30 p.m.
. If the time does not get granted, he stated that he would not be
inclined to stay in Corona del Mar.
. It would be a mistake to not grant him the additional hours.
*Overall, this cafe is used by the local residents and is
something for the City to be proud of.
Commissioner Selich noted:
. If another restaurant comes in then we would be able to review
this use from the beginning as this is such an unusual use there
now.
. He asked if the Commission could grant extended hours and
have this item come back in twelve months for review.
Ms. Temple answered yes, that subsequent review has been done in
the past.
Mr. Secretan answered he would accept that condition.
Ms. Clauson noted that the condition would be to review this use
permit in a year to see if there are any problems. If there are
problems a year from now, the Commission will not be able to
withdraw the condition and take away the approval just because they
are not successful and are leaving town and someone else is coming
in.
Public comment was opened.
Beth Rasmussen, a local citizen noted her concerns and asked
the hours not be extended:
. Traffic and safety - speeding and near misses with pedestrian
crossings
. Parking - additional parking from extended hours of the cafe
would only increase the lack of parking and cause additional
competition for parking in residential areas.
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. Drunk and disorderly - Quiet Woman facility patrons use
Larkspur until 2 in the mornings.
At Commission inquiry, the speaker noted that since Zinc Cafe
moved in it is very difficult to find parking in front of her apartment.
Additionally, since it opened, the no parking situation adds additional
traffic. The parking is fully used from 8 to 10 p.m. The cafe
employees frequently do not park in the public lot across Marguerite
as they are supposed to.
Robert Green, local citizen noted the following concerns:
. Has called the cafe owner regarding employees parking in front
of the apartment housing on Larkspur.
. The cafe owner has not been a good neighbor due to parking
and issues with delivery drivers.
. The parking problems have increased since the cafe opened.
. There is quite an elderly population in Corona del Mar and to
increase the parking demand in the residential areas is
problematic to them.
. He then noted his petition with 28 signed petitions to not grant
the increased hours.
Ms. Clauson noted Mr. Green had called her and asked that ADA
requirements be addressed. The ADA (American with Disabilities
Act) appointed liaison of the City is Mr. Faysal Jurdi, Deputy Building
Official. That was done in the early '90's for purposes of
implementing the ADA. Now, what he does is implement Title 24,
which is the regulations that the City is responsible for of its own
properties and development and also for any building permit that is
issued. Under the Title 24 regulations, there is nothing that requires
ADA accessible parking on City streets. We deal with ADA in parking
lots and for public facilities.
Pamela Frey, a local citizen, noted the following:
. The evening parking is being used by the restaurants in the
area now and allowing the cafe additional evening hours will
only compound the problem.
. As it is now, she has to park two blocks away when she comes
home in the afternoon.
. This is a nice establishment, but if it leaves as the owner is
threatening, what will happen to the neighborhood if another
venue comes in with beer and wine with the extended hours?
. There is a lot of noise now, and my peace and enjoyment of my
property is compromised.
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Planning Commission Minutes 03/18/2004 Page 5 of 17
. In my opinion, my property is not as enjoyable as it was since
the cafe moved.
She asked that the Commission not let the hours be increased
due to parking problems and noise.
Debbie Ashton, a local citizen, noted the following:
. Asked that a stop sign be installed at Larkspur and 2nd
Avenues due to the increased traffic resulting from the cafe as
there have been many near misses and accidents in that area.
. Asked about permit parking for residents 6:00 p.m. to 3:00 a.m.
• Noise is a problem especially when patrons go back to their
cars in the evening.
• Trash is a problem from cafe patrons.
• If this is granted with alcohol established for this property, would
it somehow set a precedent for hours to be extended and it
could become another bar?
. The establishment as it is now is a lovely place.
Mr. Doug Ashton, a local citizen, noted the following:
. Supports and agrees permit parking for local residents.
Distributed pictures of trash containers overflowing from
breakfast and lunch business and asked with the addition of a
dinner business, where is the extra trash going to go as they
are allowed only two trash receptacles?
. Cafe was originally opened with the condition that employees
and patrons use the municipal parking lot over by Bandera's.
With the added evening hours, parking will overflow from the lot
into the residential areas.
Ms. Temple noted that the establishment of a residential parking
permit program is not within the jurisdiction of the Planning
Commission and would have to come from the City Council.
However, there is one area in town that has a resident permit
program and that is in Newport Island.
Mr. Edmonston noted that there is also a resident permit plan around
the area of Newport Harbor High School that allows parking up to two
hours but longer with a permit. The Newport Island program is
effective from May 15th to September 15th, and therefore is a
summer restriction. The City has in the past looked at residential
permit programs in Corona del Mar. There have been logistical
problems dealing with it and how the City would address the fact that
there are a lot of commercial establishments that don't have enough
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Planning Commission Minutes 03/18/2004 Page 6 of 17
parking to remain in business if all the residential parking was taken
away from them. It is an issue that is further complicated by the fact'
that the south side of the highway is in the coastal zone and they
have a say in any parking restriction programs as well.
Public comment was closed.
Commissioner Selich noted:
. A large part of the parking waiver that was given was due to this
establishment closing down when other eating establishments
are gearing up for the evening dinner hour.
. After 6:00 p.m., the parking lot is full at Bandera's, as is the
adjoining City lot.
. We considered this very carefully when this item first came up
and I am sympathetic to the applicant's problems.
. I would like to come up with some hours of operation that may
overlap into the dinner hour; however, I can not support the
operation being opened until 10:00 p.m. and recommend 7:30
p.m.
Commissioner Kiser noted:
. After reviewing the decision the Commission made two years
ago, it is a difficult issue to extend the evening serving hours.
. Currently the business is well maintained and is a plus for the
neighborhood.
. Another business coming in could create problems.
. The alcoholic beverage license is not a problem and I am in
favor of it as it is conditioned.
. He then suggested that the evening hours could be extended to
between 8 and 8:30 p.m. as he is not supportive of 10:00 p.m.
Commissioner Eaton noted that a very substantial parking waiver was
granted on this business two years ago that was based upon the
hours. The latest he could go would be with an 8:30 p.m. closing and
allowing the alcoholic beverage. This would preclude a bar type
successor business from wanting it. It doesn't make sense to extend
the hours later than that.
Commissioner Toerge noted the following:
Prior to opening in Corona del Mar, H enjoyed Zinc Cafe Laguna
several times.
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Planning Commission Minutes 03/18/2004
He was happy to hear that Zinc was considering a location in CdM,
but he was concerned that they would not get approved as parking in
the vicinity is very tight in the evening. The nearby public parking lots
and street parking are full by 6:30 to 7:00 p.m. presumably by
customers of other restaurants in the immediate area including the
Quiet Woman and Bandera's.
When he heard that Zinc was proposing to close prior to dinner, he
was supportive of its approval. He does not object to the beer and
wine operation.
Pursuant to our Code, 29 parking spaces are required for the
operating characteristics of the cafe. There are 11 parking spaces
provided. The remaining 18 required parking spaces were waived.
Based upon his review of Zinc's initial approval, there are 64 seats for
restaurant dining. If we assume that half of the patrons walk to the
restaurant and further assume that the remaining customers travel
two per car, 16 spaces are required to serve seated customers.
Based upon Zinc's application, they expect that 6 to 8 employees are
required to serve dinner. This equates to a demand for 22 to 24
parking spaces for employees and seated customers. This parking
demand does not account for other non- seated customers visiting the
restaurant for coffee or other purchases.
He concluded by stating that he could not support extending the
hours of operation to 8:00 p.m. as doing so would place increased
pressure on parking that is simply not available, especially
considering that parked cars of Zinc customers seated at 8:00 p.m.
will still be parked at the time of greatest demand in the
neighborhood.
Commissioner Cole noted his concurrence with the previous
speakers. He added that based on the testimony tonight there is
currently a definite parking problem that could only be exacerbated
by extending additional hours. I agree that we keep the existing
hours in place and am in support of an alcoholic beverage license for
daytime use.
Commissioner Tucker noted:
Some early evening hours might be a possibility and would
support 7:30 -8:30 p.m. range.
Would prefer no alcoholic beverage license so as to not have
patrons linger.
Chairperson McDaniel noted his concern about the parking impact in
the residential hours. He then asked for and received the
Commission's views on the extended hours and alcoholic beverage
license.
Motion was made by Commissioner Selich who noted his support
Page 7 of 17
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Planning Commission Minutes 03/18/2004
8:30 p.m. closure with the alcoholic beverage license. He suggested
that this item come back in twelve months for review due to the
issues of employee parking; deliveries and trash. The employees are
supposed to park in the municipal lot and if they are not, then they
are violating the intent of what we did in granting the initial permit.
The owner needs to be more zealous in the employee parking.
Mr. Secretan noted his support of the motion.
Commissioner Toerge noted he could not support the motion due to
the parking conflict that will exist at 8:30 p.m.
At Commission inquiry, Ms. Temple noted that use permits do vest
and run with the land; however, the City has the regular condition
that a permit can be either called back for further review or revocation
if there are problems with the operation.
Commissioner Kiser noted his support of the motion as with the 8:30
p.m. closing hours, it will not develop into a bar or an alcohol sales
related enterprise.
Ms. Temple noted that typically with an 8:30 p.m. closing time,
restaurants would not seat anybody after 8:30 p.m. For this type of
operation it would by 30 to 45 minutes after 8:30 p.m. before it was
emptied and closed. The Commission could actually stipulate that it
be closed and emptied by 8:30 p.m., staff could handle it either way.
The maker of the motion clarified that the cafe will be closed and
emptied by 8:30 p.m., with last seating at 8:00 p.m.
Chairperson McDaniel note he would not support this item as the
impact is too great. The applicant indicated at the original hearing
that the hours of operation were what he needed and therefore, we
granted the extensive parking waiver. Now, he is here asking for
something else and I am not comfortable with it.
Ayes:
Eaton, Cole, Kiser, Selich, and Tucker
Noes:
Toerge, McDaniel
Absent:
None
Abstain:
None
SUBJECT: Local Coastal Plan (PA2003 -098)
City of Newport Beach
Senior Planner, Patrick Alford noted the following:
. Issues and proposed changes are contained in the staff report.
. A number of items of correspondence have been received since
the staff report was published.
Page 8 of 17
ITEM NO.3
PA2003 -098
Continued to
04/22/2004
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RESOLUTION NO. 1627
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING AN AMENDMENT
TO USE PERMIT NO. 2001-040 (PA2003 -225) FOR PROPERTY
LOCATED AT 3222 EAST COAST HIGHWAY
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Mr. John Secretan, with respect to property
located at 3222 East Coast Highway and legally described as Parcel 1 of LA2002 -012,
requesting an approval of an amendment to Use Permit No. 2001 -040, to allow an existing
eating and drinking establishment (Zinc Caf6 and Market), to extend the hours of operation to
10:00 p.m., seven days a week and to allow the existing retailtrestaurant establishment to
operate under a Type "41" (On -Sale Beer and Wine) License.
Section 2. On January 17, 2002, the Planning Commission approved Use Permit No.
2001 -040, to allow the operation of an eating and drinking establishment, with an outdoor patio,
in a former retail building. The Use Permit approved a waiver of off - street parking requirements
by reducing the number of off - street parking spaces from 29 to 11 spaces.
Section 3. A public hearing was held on March 18, 2004, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was duly
presented to and considered by the Planning Commission at this meeting.
Section 4. The Planning Commission finds as follows:
The existing location of the establishment needing this Use Permit to extend the
restaurant's hours of operation to 10:00 p.m. may generate additional traffic and noise
impacts to the surrounding residential neighborhood; and the availability of parking
within the municipal parking lot across Coast Highway during evening hours is limited.
Due to these potential negative impacts to the existing neighboring uses, the Planning
Commission considered and restricted the restaurant to be closed by 8:30 p.m., every
day. The request to allow the establishment to sell alcoholic beverages, 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 ft. The plan, as conditioned, meets the design and
development standards for eating and drinking establishments, except as specific
parking waiver has been granted under Use Permit No. 2001 -040.
2. The operational characteristics of the existing establishment with the addition of alcohol
service and the extension of the restaurant's hours to 8:30 p.m., for each night and as
conditioned, will not be detrimental to the public health, safety, peace, morals, comfort,
A3
City of Newport Beach
Planning Commission Resolution No. 1627
Page 2 of 8
or welfare of persons residing or working in or adjacent to the neighborhood for the
following reasons:
a. The operational characteristics and location of the existing use are such that it is a
community serving use with some pedestrian oriented traffic.
b. The change in the operational characteristics for an increase in the hours of
operation is an expansion of the food service portion of the facility.
c. The later closing time is being requested to accommodate the principal purpose of
the sale of food and beverages at dinner time.
d. The on -site parking lot of 11 spaces is available to accommodate the dinner
patrons. A municipal parking lot is located in close proximity to be useful for
additional parking, which in turn, will not impact the nearby residential
neighborhood.
d. No dancing or live entertainment will be provided on the premises.
3. The request for a Type 041" License is consistent with the purpose and intent of
Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the
following reasons:
a. The convenience of the public can be served by the sale of desired beverages
in conjunction with an existing restaurant and its retail component that is
complimentary to the surrounding uses along Coast Highway in the Corona del
Mar community. Alcohol service is typical and expected by the public in a full -
service, dining restaurant setting.
b. The crime rate in the police reporting district and adjacent reporting districts is
not likely to increase as a result of the proposed request.
C. The number of alcohol licenses within the report districts and adjacent reporting
districts is not significantly high given the nature of the land uses in the district
and when compared with County -wide data.
d. The percentage of alcohol- related arrests in the police reporting district in which
the project is proposed is approximately the same percentage as citywide.
Accessory on -site consumption of alcoholic beverages is not expected to
increase alcohol related crime.
e. There are no sensitive uses such as day care centers, schools, or park and
recreation facilities in the vicinity of the project site, except the residential
properties located behind the alleyways. The use as restricted by the attached
conditions of approval should mitigate any nuisances to the neighboring
residential areas.
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City of Newport Beach
Planning Commission Resolution No. 1627
Paae3of8
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to
the California Environmental Quality Act under Class 1 (Existing Facilities).
Section 5. Based on the aforementioned findings, the Planning Commission hereby
approves an Amendment to Use Permit No. 2001 -040, subject to the Conditions set forth in
Exhibit "K.
Section 6. 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 or this
action is called for review by the .City Council in accordance with the provisions of We 20,
Planning and Zoning of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS le DAY OF MARCH, 2004.
10
M
Earl McDaniel, Chairman
Michael Toerge, Secretary
AYES: Eaton, Cole, Kiser, Selich and Tucker
NOES: Toerge and McDaniel
�5
City of Newport Beach
Planning Commission Resolution No. 1627
Pane 4 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDMENT TO USE PERMIT NO. 2001-040
1. The development shall be in substantial conformance with the approved plot plan, floor
plan, and elevations dated November 2, 2001. Additionally, development of the project
shall be in substantial conformance with the floor plan exhibit prepared by staff and dated
January 17, 2002, which designated the uses for each section of net public area.
2. The Planning Commission Resolution No. 1549 is hereby voided from this date forward
upon approval of Resolution of Amendment to Use Permit No. 2001 -040.
3. Amendment Use Permit No. 2001 -040 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.91.050 of the Newport Beach
Municipal Code, unless an extension is otherwise granted. In the event that the applicant
chooses not to exercise this Amendment, then Planning Commission Resolution No.
1549 shall be then in affect for the existing establishment.
4. The total net public area as identified as Areas "A," "B," and "C" on the floor plan exhibit
prepared by staff and dated January 17, 2002 shall not exceed 745 square feet. The
areas identified as Areas "D" and "E" on the floor plan exhibit prepared by staff dated
January 17, 2002 shall be devoted to retail use and shall not exceed 272 square feet.
5. The parking ratio for the restaurant portion of the project shall be 1 space for every 50
square feet of net public area. The parking ratio for the retail portion of the project shall
be 1 space for every 250 square feet. Eleven parking spaces shall be provided on -site at
all times.
6. All delivery trucks shall be required to service the restaurant from on -site and shall be
prohibited from loading and unloading on Coast Highway or the public alley. 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 6:00 am or after 10:00 pm.
7. The exterior patio shall not exceed 250 square feet.
8. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash (container) enclosure.
9. All trash shall be stored within the building or within water -tight trash containers stored
within the trash (container) enclosure (i.e., three masonry walls and a self - locking
gate), or otherwise screened from view by neighboring properties except when placed
for pick -up by refuse collection agencies. 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. The design of the trash enclosure shall
incorporate self - locking gates.
A(v
City of Newport Beach
Planning Commission Resolution No. 1627
Pane 5 of 8
10. 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.
11. 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.
12. 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.
13. 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.
14. Operator is required to purchase employee parking permits and the employees shall be
required to parking in the municipal parking lot.
15. Hours of operation are limited to the following schedule:
Restaurant: 7:00 a.m. to 8:30 p.m. (everyday)
(The last seating shall be 8:00 p.m., everyday.)
Retail & Espresso Bar. 7:00 a.m. to 10:00 p.m. (everyday)
16. The use of the rear door shall be limited to employee use only and shall be prohibited
between the hours of 10:30pm and 6:OOam. Use of the rear door by customers or
patrons shall be prohibited.
17. No live entertainment or dancing shall be permitted in conjunction with the permitted
use.
18. Any change in operational characteristics,. hours of operation (for either restaurant or
retail and espresso bar), expansion in public area or other modification to the floor plan
(including patio dining area), shall require amendment to this Use Permit or the
processing of a new Use Permit.
a�)
City of Newport Beach
Planning Commission Resolution No. 1627
Paae 6 of 8
19. 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.
20. No audible paging system or speaker system shall be utilized any where on the
premises at any time.
21. No background music shall be allowed in the patio dining area.
22. 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. The maximum noise shall
be limited to no more than depicted below for the specified time periods unless the
ambient noise level is, higher:
23. 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.
24. The Planning Commission may add to or modify conditions of approval to this Use
Permit or recommend to the City Council the revocation of this Use Permit upon a
determination that the operation which is the subject of this Use Permit causes injury,
or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the
community.
25. Full menu food service shall be available for ordering at all times that the restaurant
establishment is open for business.
Between the hours of
Between the hours of
7:OOAM and
10:OOPM and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
50dBA
property
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
23. 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.
24. The Planning Commission may add to or modify conditions of approval to this Use
Permit or recommend to the City Council the revocation of this Use Permit upon a
determination that the operation which is the subject of this Use Permit causes injury,
or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the
community.
25. Full menu food service shall be available for ordering at all times that the restaurant
establishment is open for business.
City of Newport Beach
Planning Commission Resolution No. 1627
Paae 7 of 8
26. 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.
27. 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. Off -sale retail may be permitted provided it is subsidiary to
the related sales of food or other goods. 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.
28. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use will be cause for revocation of this permit.
29. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
30. 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.
31. 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.
32. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
33. 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.
34. 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.
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City of Newport Beach
Planning Commission Resolution No. 1627
Page 8 of 8
35. 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.
36. A twelve -month review shall be conducted to address the employee's parking
arrangement, the existing trash condition, and on -site delivery.
p
EXHIBIT 2
CITY COUNCIL MINUTES FROM 4/13/04 MEETING
City of Newport Beach
Regular Meeting
April 13, 2004
The motion carried by the following roll can vote
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
J. PUBLIC HEARINGS
15. CALL FOR REVIEW OF ZINC CAF$ AND MARKET AMENDMENT
TO USE PERMIT NO 2001 -040 (PA2003 -225) - 3222 EAST COAST
HIGHWAY.
Planning Director Temple stated that the applicant's request was to
make two changes to their existing use permit. The first change was
to allow the sale and service of alcoholic beverages for onsite
consumption, and the sale of alcoholic beverages through a retail
facility for offsite consumption. Secondly, the applicant requested
that the hours be extended from a 6:00 p.m. closing to a 10:00 p.m.
closing. Planning Director Temple reported that due to concerns
about parking in the area, the Planning Commission approved a
closing time of 8:30 p.m.
Council Member Heffernan asked why the Planning Commission
approved the waiver of 18 parking spaces with the initial use permit.
Planning Director Temple stated that the Planning Commission felt
that there would be a great deal of walk -in activity and that,
additionally, there was sufficient parking in the area to support the
use. She added that this was done on the condition that the facility
close at 6:00 p.m. Council Member Heffernan asked what has
actually occurred during the operation of the restaurant and,
specifically, where the patrons park and what the impact has been on
the surrounding neighbors. Planning Director Temple stated that a
study on where the patrons park has not been done, but that public
testimony and correspondence is included with the staff report.
Council Member Bromberg confirmed that the initial use permit was
approved in January of 2002, and asked if there had been a change
in circumstances that would justify an extension of the closing time.
Planning Director Temple responded in the negative and, specifically,
stated that there had not been an increase to the parking supply or a
closure of any of the restaurants in the area.
Council Member Nichols asked if the initial use permit included a
condition that the employees be required to park in the public lot
across Coast Highway. Planning Director Temple stated that the
condition required that all employees be provided with blue: meter
parking permits. It was assumed that with these free permits, the
employees would use the public lot. She stated that follow -up
studies would be difficult and have not been done. Council Member
Nichols confirmed that the Planning Commission did receive
testimony that some of the employees are parking on the same side of
the street as the ca%.
rk W
(100 -2004)
Volume 56 - Page 820 3),
City of Newport Beach
Regular Meeting
April 13, 2004
In response to Council Member Rosansky's questions, Planning
Director Temple stated that the food operation hours were approved
to 6:00 p.m. and the retail and coffee bar hours were approved to
10 :00 p.m, in the initial permit.
Mayor Ridgeway opened the public hearing.
Jim Hildreth stated that it would be easy to determine where the
patrons are parking. He noted that parking is a luxury and a limited
commodity in Newport Beach, and that possibly a program should be
developed that could be used at other restaurants. He asked if the
employees were using parking spaces that could be used by the
general public.
John Secretan, owner of Zinc Cafe, stated that he submitted his
request because he found that his Corona del Mar location did not
have the morning and afternoon business that his other locations
did, so in an attempt to increase revenue, he asked that his hours be
extended. He noted that any business, especially a restaurant, will
have an impact on the surrounding neighborhood, but that
businesses, such as his, will be essential to the creation of the village
atmosphere being anticipated with the remodeling of Corona del Mar.
Mr. Secretan stated that the complaints being received about the
Zinc Cafe are from the immediate area. Those that support the
business, are speaking for a larger portion of the community. To
address the issue of parking, all employees are now required to park
on Bayside and a sign will be placed in the parking lot asking patrons
to be courteous of the neighbors. Mr. Secretan did not see noise as
an issue at his restaurant. He also felt that the impact of deliveries
was minimal. In conclusion, he stated that he intends to be a good
neighbor, feels that an 8:30 p.m. closure is reasonable, and that the
sale of beer and wine is an integral part of any restaurant.
Council Member Heffernan confirmed that Mr. Secretan agrees with
the condition to have the restaurant empty and closed by 8:30 p.m.
In addition, Mr. Secretan explained that the request to sell alcohol for
offsite consumption was made as a convenience for their customers
and to provide an atmosphere of complete service.
In response to Council Member Bromberg's questions, Mr. Secretan
stated that his cafd has 60 chairs. He stated that on the weekends,
business is great, but that midweek, it is not consistent.
Council Member Nichols stated that the setback in the alleys in
Corona.del Mar, is supposed to be ten feet for deliveries, but that the
Zinc Cafd does not have this. He asked if the alley is blocked when
deliveries are made. Mr. Secretan stated that there are ways to get
around the trucks and it doesn't appear to have been much of a
nuisance. Council Member Nichols suggested that the City look into
this when restaurants are licensed.
Mayor Pro Tern Adams asked what the previous entitlement for the
Zinc CaM property was. Planning Director Temple stated that it was
for a retail garden shop and prior to that, for auto sales. She added
Volume 56 - Page 821 � 5
City of Newport Beach
Regular Meeting
April 13, 2004
that the auto sales required a use permit, the garden center did not.
Mayor Pro Tem Adams asked what the potential for unmet parking
demand was. Planning Director Temple stated that she recalls that it
was nonconforming, but not to the extent that the waiver of parking
for the Zinc Cafe is. Mayor Pro Tem Adams expressed his concern
that the entitlement that's been given to the Zinc Cafe could be
transferred to a different business owner and a different business.
City Attorney Burnham confirmed that the use permit runs with the
land, but stated that possibly the operational characteristics of the
Zinc Cafe and Market could be identified as a part of the approval
granted for the use permit and then an amendment to future use
permits would be required if any change to the operational
characteristics is made. Mayor Pro Tem Adams agreed that it would
be beneficial to constrain subsequent uses as much as possible.
Planning Director Temple added that a very specific floor plan was
identified in the original use permit, and that any changes would
require an amendment to the use permit. Lastly, she corrected an
earlier statement that she made, and stated that the employees are
required to park in the public lot on Bayside.
Mel Feldman stated that he enjoys going to the Zinc Cafe. In regard
to the parking issue, he didn't feel that it was a problem. He
expressed his support for the applicant's request.
Brent Davis stated that this type of business should be encouraged in
Corona del Mar. He felt that a 10:00 p.m. closure could have been
approved and doesn't feel that parking is an issue.
Kathleen Blank stated that she frequently walks to the Zinc Cafe.
She urged the City Council to extend their hours of operation.
P. J. Jahangiri stated that the Zinc Cafe atmosphere is unique and
that he also walks there. He stated that the extension of the hours
would allow for takeout dinners.
Rhonni Kitchen also didn't feel that parking is an issue, and feels
that the community needs this type of restaurant and community
spirit.
Pamela Fray stated that many of the patrons and employees park m
front of her house. She didn't feel that waiving the parking
requirements was fair. She stated that extending the hours of
operation will only worsen the situation and invade on her privacy
even more. Ms. Fray stated that the Zinc Cafe is a great place, but
that there's no solution to the parking problem. She noted the
petition from the residents in the immediate area.
Robert Greene also noted the petition from more than 28 residents,
and stated that parking is an issue. He stated that the employees are
not parking in the public lot and that deliveries are a problem. Mr.
Greene pointed out that the owner of the property owns the property
free and clear, and questioned the owner of the Zinc Cafe claiming
financial hardship, without any apparent attempts to renegotiate his
lease. Mr. Greene stated that it isn't fair for the residents in the area
to have to deal with commercial parking.
INDEX
Volume 56 - Page 822 5 1
City of Newport Beach
Regular Meeting
April 13, 2004
Mayor Pro 'fern Adams asked if Mr. Greene noticed any difference in
the past week, referring to Mr. Secretan's earlier comment that he
now requires his employees to park on Bayside. Mr. Greene stated
that he has not been available to make such an observation.
Mary Anderson stated that she frequents the Zinc Cafe, and feels
that it encourages conversation and community. She'd like to see
more of this in Corona del Mar.
Debbie Ashton stated that most of her concerns have already been
addressed. She stated that when the employees don't park in the
neighborhood, it improves the situation greatly, but questioned what
assurance the residents would have that this would continue. Ms.
Ashton also wanted assurance that the operation wouldn't become
more bar oriented.
Mayor Ridgeway asked Ms. Ashton if she had a garage. She stated
that she has a two -car garage, but that her tenants also need
Parking.
Hearing no further testimony, Mayor Ridgeway closed the public
hearing.
Council Member Nichols expressed his pleasure that everyone can get
together and discuss the issue. He stated that during prior
discussions affecting Corona del Mar, it was stated that the
residential community was strong, but that the business community
wasn't up to par. He stated that the Zinc Cafe provides a desired
aspect to the community, but that care must be taken to make sure
that the business community doesn't get overdeveloped and that
required parking spaces are provided, so that the residential
community isn't ruined. Council Member Nichols noted that many
businesses are grandfathered and have had parking and noise
problems for years.
Motion by Mayor Pro Tom Adams to uphold the decision of the
Planning Conmrission to approve an amendment to Use Permit No.
2001 -040 to allow the restaurant portion of Zinc Cafe and Market to
extend its hours of operation and to allow the establishment to
operate with a Type 41 (On-Sale Beer and Wine Eating Place).
Council Member Bromberg stated that giving away 18 parking spaces
in an area that doesn't have adequate parking is cause for concern.
He stated that it shouldn't be done lightly and care should be taken
not to set a precedent. He expressed his support for both the
business and residential communities, and noted the 28 form letters
that were submitted in opposition to the use permit amendment, but
stated that he only heard opposition from a couple of people at the
current meeting.
Council Member Heffernan asked how the City would be dealing with
the fact that the use permit runs with the land.
Mayor Ridgeway stated that the Planning Director earlier reported
INDEX
Volume 56 - Page 823 35
City of Newport Beach
Regular Meeting
April 13, 2004
that any deviation from the site plan would require an amendment to
the use permit.
Mayor Pro Tem Adams additionally noted Condition No. 18, which
states that any change in the operational characteristics, hours of
operation, expansion in public area or other modification to the floor
plan shall require an amendment to the use permit or the processing
of a new use permit. City Attorney Burnham suggested that the City
Council add a condition that requires the permittee to adopt,
maintain and strictly enforce a condition of employment that requires
the employees to park at the municipal lot on Bayside or on Bayside.
Amended motion by Mayor Pro Tern Adams to uphold the decision
of the Planning Commission to approve an amendment to Use Permit
No. 2001 -040 to allow the restaurant portion of Zinc Cafe and Market
to extend its hours of operation and to allow the establishment to
operate with a Type 41 (On -Sale Beer and Wine Eating Place), as
amended to add a condition that requires the permittee to adopt,
maintain and strictly enforce a condition of employment that requires
the employees to park at the municipal lot on Bayside or on Bayside.
Council Member Webb also noted Condition No. 28, which states that
the City Council or the Planning Commission can modify or revoke
the use permit if it is determined that proposed uses are detrimental
to the public health, welfare or materially injurious to property or
improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance. Council Member
Webb stated that he was impressed with those who spoke in support
of the amendment at the current meeting, and stated that it sounds
like it's the type of restaurant that the residents in Corona del Mar
need.
Mayor Ridgeway stated that he was also impressed with those who
spoke in opposition to the amendment and their admission that the
Zinc Cafe is a quality restaurant and important to the fabric of
Corona del Mar.
The amended motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols,
Mayor Ridgeway
Noes: None
Abstain: None
Absent: None
As a continuation of the earlier City Council announcements, Council
Member Bromberg stated that the Vietnam Wall Experience would be on
display at Pacific View from April 16 to 18, 2004. He stated that additional
information can be obtained by calling 949 -644 -2700.
16. REVIEW OF THE FY 2004-2005 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ONE -YEAR ACTION PLAN TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Economic Development Program Administrator Trimble reported that
Volume 56 - Page 824
(100 -2004)
34
EXHIBIT 3
PC STAFF REPORT, MINUTES, & RESOLUTION
FROM 1/17/02 MEETING
31
t+EW�Rr CITY OF NEWPORT BEACH Hearing Date: January 17, 2002
c° PLANNING DEPARTMENT Agenda Item: 3
u 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber
NEWPORT BEACH, CA 92658 644 -3209
(949) 644.3200; FAX (949) 644 -3229 Appeal Period: 14 days after date
of final action
REPORT TO THE PLANNING COMMISSION �pp
PROJECT: Zinc Caf6 and Market (PA2001 -221) [ i
3222 East Coast Highway ` O
SUMMARY: Request for a Use Permit to authorize the opening of an eating and drinking
establishment called Zinc Caf6 & Market at an existing commercial site in
Corona del Mar. The Use Permit application includes a request to waive a
portion of the off - street parking requirements.
RECOMMENDED
ACTION: Approve, Modify or Deny Use Permit No. 2001 -040 (PA2001 -221) based
upon the attached findings.
APPLICANT: Mr. John Secretan
Zinc Cafe and Market
604 Vista Lane
Laguna Beach, CA 92651
PROPERTY
OWNER: Mr. Toni Carlini
5 Geneva
Newport Beach, CA 92660
LOCATION: North side of East Coast Highway between Larkspur Avenue and
Marguerite Avenue
LEGAL
DESCRIPTION: Lot Nos. 2 & 3, Tract No. 1045
GENERAL PLAN: Retail & Service Commercial
ZONING
DISTRICT: Retail & Service Commercial (RSC)
3�
Use Permit No. 2001 -040 (PA2001 -221)
3222 East Coast Highway
Current
Development:
Vacant Commercial Building
To the north:
Service commercial & residential uses abutting the project site
To the east:
3 14
To the south:
Restaurant & bar use (The Quiet Woman) abutting the project site and restaurant,
retail & service commercial uses across East Coast Highway
Al
Subject Property
Restaurant, retail & service commercial uses across East Coast Highway
520 .
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VICINITY MAP w E
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Use Permit No. 2001 -040 (PA2001 -221)
3222 East Coast Highway
Current
Development:
Vacant Commercial Building
To the north:
Service commercial & residential uses abutting the project site
To the east:
Service commercial use abutting the project site & residential use across the alley
To the south:
Restaurant & bar use (The Quiet Woman) abutting the project site and restaurant,
retail & service commercial uses across East Coast Highway
To the west:
Restaurant, retail & service commercial uses across East Coast Highway
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 2 of 10
Introduction & Background
The applicant, Mr. John Secretan, is seeking approval of a Use Permit to allow the opening of
Zinc Cafe and Market on East Coast Highway in Corona del Mar. The proposal pertains to a full -
service, high turnover eating and drinking establishment that also offers retail items. Project
approval requires a waiver of off - street parking requirements. The property most recently was
occupied by a retail use, Zacharias, which offered specialty home furnishings.
Site Overview
The property is located on the north side of and directly abutting East Coast Highway between
Larkspur and Marguerite Avenues in Corona del Mar. There are two separate parcels comprising
the project site. The southeasterly parcel is built -out to all property lines; the existing building is
2,945 square feet and covers the entire parcel. The northwesterly parcel contains the existing
parking lot and is approximately 5,542 square feet in area. Presently, the parking lot is only
accessible through the rear alley. There is a dry - cleaning establishment at the East Coast
Highway and Larkspur Avenue intersection further to the northwest that abuts the existing
parking lot. Residential units also abut the parking lot parcel for a segment of the parking lot
property line. More residential units are located to the east across the alley and are in close
proximity to the project. Abutting the existing building parcel to the south is a restaurant and bar
establishment (The Quiet Woman). Across East Coast Highway are various retail, service
commercial, and restaurants uses.
Proiect Overview
The applicant is proposing to expand his business, Zinc Cafe & Market, by opening an additional
location in Corona del Mar in an existing building "that formerly housed a retail use. New kitchen
facilities would be installed that include both food preparation and storage areas, including walk -
in freezer storage. Handicap accessible restrooms will also be provided. The plans depict a layout
of 72 total seats including the seating in a proposed 437 square foot outdoor patio. The net public
area of the proposed project has been calculated at 1,453 square feet.
The parking lot associated with the project currently does not access East Coast Highway but
rather connects to an alley that serves the site and the neighboring residential area.
Implementation of the project would involve creating a new driveway from East Coast Highway
to serve as the main vehicle entrance. Exiting the parking lot would have to route through the
alley either toward Marguerite Avenue or 2nd Avenue. Eleven total parking spaces are proposed.
An outdoor patio, which includes approximately 437 square feet of outdoor dining area, is
planned for a portion of the parking lot. It will be located in the section of the parking lot that is
closest to the indoor dining area.
The business is described as a gourmet caf6 and take -out market with the following operational
characteristics:
• 65% of the business revenue is generated from breakfast and lunch service;
• 20% of the business revenue is generated from the sale of coffee and desserts; and
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 3 of 10 �(�
15% of the business revenue is generated the sale of associated retail products and
prepared food.
The hours of operation are proposed from 7:00am to 10:00pm with the majority of activity
expected to occur between 7:O0am and 6:O0pm. This expectation is based upon the applicant's
similar operation in Laguna and Solana Beaches. Only the espresso bar is proposed to operate
past 7:OOpm, with the option of purchasing deserts or other retail items. No food service is
proposed beyond 7:O0pm and seating for food service will end at 6:OOpm. Additionally, the
project description states that 60% of the business is on site service while 40% is take -out.
The applicant has indicated that opening and closing shifts
regular shifts will be up to a maximum of eight employees
further indicated that no alcoholic beverages would be sold
component of the business.
Analysis
will utilize two employees and
during the busiest hours. It was
through the restaurant or retail
The proposed project requires a Use Permit and a waiver of the off - street parking requirements.
Pursuant to Chapter 20.15, Commercial Districts, the establishment is defined as a full- service,
high turnover eating and drinking establishment, which requires approval of a Use Permit. A
waiver of the off - street parking requirements is sought since parking provided does not meet the
minimum required by the Zoning Code.
General Plan
The City's General Plan designates the site as Retail and Service Commercial. The applicant's
request is consistent with this designation, as it entails converting a former retail space into an
eating and drinking establishment with ancillary retail, which is permitted in the Retail & Service
Commercial land use designation. The proposal is also consistent with the policies of the General
Plan in that the project:
Proposes to help provide a sufficient diversity of land uses ... so that
employment... neighborhood shopping centers ... are in close proximity to each
resident of the community;
Helps to insure redevelopment of older or underutilized properties; and
Maintains compatibility with existing aesthetics of the surrounding commercial
areas in conformance with development standards for site and building design.
Due to potential parking concerns, the Planning Commission must determine whether the
proposal complies with General Plan Policy L:
L. The City shall encourage its community commercial districts to reflect and complement
tire high quality of its residential areas. The City shall promote the prosperity of its
several community commercial districts through the adoption and application of its
planning, zoning, building and public works codes, regulations, policies and activities.
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 4 of 10 kkk
Within the implementation section under Policy L., the General Plan provides guidelines that
pertain to the proposed application, as follows:
Planning and Building
2. The City shall encourage the refurbishment, remodeling and modest expansion of older,
nonconforming buildings within community commercial districts by grandfathering such
nonconforming uses when feasible and practicable.
S. The City shall, in the application of its codes and regulations, give special consideration
to the needs of restaurants in recognition of the high level of benefits they provide to the
local economy.
8. The City shall review uses permitted within commercial areas adjacent to residential
areas to provide more resident serving and resident compatible uses.
The Zinc Cafe & Market application appears to be in line with these implementation measures as
it proposes use and minor expansion of an older building in the commercial area of Corona del
Mar that abuts residential uses. The project includes conversion of a former retail operation to a
restaurant and retail operation. .
Floor Area Ratio (FAR)
Chapter 20.63 (Floor Area Ratios and Building Bulk) establishes three categories of land uses:
Reduced FAR, Base FAR, and Maximum FAR Uses. Retail and office uses are classified as Base
FAR uses and full- service, high turnover eating and drinking establishments are classified as
Reduced FAR Uses. The applicant's proposal falls into the full- service, high turnover category
based upon the submitted plans, the project's operational characteristics, and the designation of
the use classification contained in the Zoning Code. Base FAR Uses are limited to 0.5 FAR and
Reduced FAR Uses are limited to 0.3 FAR. The applicant's proposal has a.0.4 FAR, which is
less than the Base Development Allocation of 0.5, which is applicable to the conversions of
buildings constructed prior to the establishment of the floor area limits of the current code.
Section 20.63.050 specifically addresses the conversion of land uses and is attached as Exhibit
No. 4. The table below outlines the corresponding area calculations:
Lot Size*
8,397 square feet
Gross Floor Area:
Building Area
2,945
Patio **
437
Total Gross Floor Area Pertaining to FAR
3,382
Existing FAR
0.351
Proposed FAR
0.403
Base Development Allocation
0.50
* Includes both parcels.
** Patio is included in FAR calculation if it exceeds 25% of the
interior Net Public Area.
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 5 of 10
Compliance with the base Development Allocation is ensured by the merger of the two separate
parcels. If the two separate parcels are not combined the resulting FAR would exceed 0.5 and the
Use Permit would need to subject the conversion to additional scrutiny. The findings associated
with this scrutiny are severely restrictive and the project would not receive favorable
consideration as the traffic generated by the proposed project is not equivalent to the previous
retail use. Therefore, staff has included a condition requiring that the two lots be merged.
Parking
A full- service, high turnover, eating and drinking establishment requires off - street parking pursuant
to Chapter 20.66 of the Municipal Code within a range of 1 space for each 30 to 1 space for 50
square feet of net public area. The Planning Commission sets the parking requirement within this
range through the consideration of the Use Permit.
The net public area is defined as the area devoted to the dining, shopping and waiting areas of the
restaurant. Areas for employees of the restaurant including the kitchen, storage and food
preparation areas are not included. Staff made the determination that the net public area of the
project with the proposed floor plan is 1,453 square feet. The area includes the dining areas and
retail floor space minus the built -in retail displays and espresso bar. The outdoor patio is also
included as it exceeds 25% of the interior net public area and is, therefore, not considered
accessory.
The retail floor space was included due to the presence of the espresso bar, allowing the area to
potentially operate more like a food service counter that has historically been considered net public
area. This conservative determination is further supported as the space can also function more like a
take -out operation as opposed to traditional retail. The Commission could consider reducing the net
public area based on the belief that the area around the espresso bar would function more like a
retail use as opposed to food service. Based upon staff's determination of the net public area, the
parking requirement for the proposed restaurant would be between 48 and 29 spaces.
Parking Comparison
USE
SQUARE
FOOTAGE
PARKING
RATIO
PARKING
REQUIRED
Retail commercial
former use
2,945 SF
1 space /250
SF
12
Restaurant
1,453 SF
1 space/30 SF
48
Restaurant
1,453 SF
1 space/40 SF
36
Restaurant
1,453 SF
1 space/50 SF
29
The applicant is proposing to provide 11 total parking spaces. The parking deficiency would
range from 18 to 37 spaces. The applicant has indicated that after the dinner hours, demand for
these spaces by patrons would be minimal and that the spaces may be available for use by
neighboring businesses. However, the applicant proposes to be open until 10:00pm, and use of
the lot by other businesses could not occur until after closing. It was further indicated that
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 6 of 10
deliveries would take place outside of normal operations and will utilize the parking lot. This is a
condition of approval that would be required by the Public Works Department should the request
be approved that loading from East Coast Highway or the alley would not be permitted.
Additionally, deliver activities must be avoided during business hours due to the shortage
parking on site.
Staff believes that the most appropriate parking ratio would be 1 space per 40 square feet of net
public area, based upon the project description. The Public Works Department feels that
additional spaces are needed beyond the eleven proposed. In applying the most favorable
requirement, the waiver of off - street parking requirements would amount to a waiver of 18
spaces (I 1 provided, 29 required).
A few items should be noted for further consideration. The applicant suggests that approximately
40% of his business comes from patrons either walking or biking to the establishment. Staff has
no historical basis at the location proposed to determine if this assessment is accurate. The on
street parking along the north side of East Coast Highway in this block of Corona del Mar is
restricted to one -hour parking. One public parking space along the Highway would need to be
relocated as a result of the driveway relocation, therefore no loss of on street parking will occur.
There are public parking lots across East Coast Highway west of and abutting the Rite -Aid and
Banderas restaurant developments. This parking lot is "metered" up to 6:00pm, when the Zinc
Caf6 will be busiest, and is generally utilized to its full capacity after 6:OOpm due to the several
restaurants in the immediate vicinity and because it is free. Additionally, The Quiet Woman
provides no parking and is considered legal, non - conforming with regard to the required off -
street parking requirements as it was established prior to the current parking standards.
A parking waiver may be approved if one or more of the following conditions has been met:
A municipal parking facility is so located as to be useful in connection with the
proposed use or uses on the sites;
2. The site is subject to two or more uses and the maximum parking requirements for
such uses do not occur simultaneously;
A parking management plan for the site has been approved by the Planning
Commission pursuant to Section 20.66.100(3); or
4. The Planning Commission makes the following findings:
a. The parking demand will be less than the requirement in Section
20.66.030.
b. The probable long -term occupancy of the building or structure, based on
its design, will not generate additional parking demand.
Staff feels that the presence of the municipal parking lot across the Highway can be used to
support approval of the application. Staff recommends that signage and a map, at locations both
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 7 of 10
inside the building and in the parking lot, be required to alert patrons of the availability of the
municipal lot.
The Commission could also partially rely on a finding that the parking demand will be less than
the requirement in Section 20.66.030, if there is confidence in the applicant's statement that 40%
of the patrons will walk or bike to the establishment.
The parking waiver request is filrther complicated when considered along with the fact that
vehicles will need to be routed through the neighboring alleys, alleys that also serve the nearby
residences, to reach public streets. The level of traffic sent to the alleys as well as likely
employee and patron parking in the residential areas coupled with the magnitude of the required
waiver is of concern. Residents have expressed on -going concerns of the encroachment of
commercial parking within residential areas.
General Development Standards
Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, 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 is not necessary to
achieve the purpose or intent of the standard.
Development Standards
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 8 of 10 ' I
REQUIREMENT
PROPOSED
Setbacks:
Existing facility that was forandy a retail
Complies. The facility is located within an existing building, which
use.
complies with the required setbacks. The only exterior change is the
replacement of the existing garage door facing the Highway with a large
window, and an outdoor patio, which is proposed to be located behind
the 3 foot wide landscape ration.
off - Street Parking:
Off -street parking in accordance with the
Non - Conforming. The site provides Il spaces where 29 to 48 are
provisions of Chapter 20.66 of the
required. A waiver of off-street parking requirements has barn requested.
Municipal Code
Circulation:
Parking areas and driveways to. faciiinue
Complies. The traffic circulation has been reviewed by the City Traffic
traffic and circulation of vehicles on and
Engineer and has required conditions of approval for the new driveway
around the facility and to provide adequate
improvements.
" ht clearances.
Walls (adjacent to the
A solid masonry wall 6 fat high shall be
Complies. There are existing buildings located on both interior
interiorproperty
erected on all interior property lines of the
property lines an the requirement for walls 6 feet in height in not
tines):
subject property. Walls 3 feet in height shall
necessary for this application. The required wall of 3 feet in height
be erected between the on-site parking areas
will be maintained to separate the parking area and public rights -of-
and the public ri of - -wa .
way.
Landscaping:
10% of entire site, 3 -foot wide landscape
Non - Conforming. The project only proposes 379 square feet of
area shall be provided to screen the parldng
landscaping which is only 4% of the total site area and less than half
area from the public right-of-way. A 3-foot
of the code required 10%. The required 3 foot wide planting between
wide landscape area adjacent to the interior
the street and parking lot is provided and all landscape areas are
property lines shall be provided.
shown with the required curb separation. Landscaping of the interior
lot line abutting the adjacent building would reduce the ability to
provide adequate maneuvering and parking of vehicles on site.
Therefore, staff suggests that the interior landscaping requirement be
waived.
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 8 of 10 ' I
Staff is concerned if the site is adequate to accommodate the proposed use. The site has
functioned without incident as a retail use. Conversion of the building to a primarily restaurant
use entails compliance with many more standards. Staff recommends that the landscaping plans
should be improved, the exterior storage be deleted, the trash enclosure include self - locking
gates, the exterior patio & parking lot receive lighting if this project is approved.
Signage
A separate application for signage would also be required should the project be approved. The
applicant did not want to expend funds towards this end unless the project receives approval.
Signs will be review for consistency with the Sign Ordinance prior to issuance of permits if the
Use Permit is approved.
Public Comments
To date, the word -of -mouth from the Corona del Mar community is one supportive of the
proposed business. The Planning Department has received two letters and a petition with 27
signatures expressing concern regarding parking that is likely to occur in the abutting residential
area (Exhibit No. 4).
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt from the
requirements of the California Environmental Quality Act under Class 3 (New Construction or
Conversion of Small Structures). While the proposal involves a conversion and intensification of
use, it primarily involves interior alterations, an a minor exterior expansion to accommodate the
outdoor patio. The project is located in an urbanized area and the surrounding area is not
environmentally sensitive.
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 9 of 10 �/ _
REQUIREMENT
PROPOSED
Lighting.
Puking to and site illumination, height and
Non - Conforming. There is no illumination provided for the parking
intensity; to minimize the reflection of
area. Parking lot andlor patio illumination should be required with
lights to the streets and neighboring
project approval.
properties.
Utiltties
All utilities required to be undergrounded.
Non - Conforming. Utilities are currently not underground, maintaining
this emstmit condition will Tot be detrimental to the surrounding area.
Supply storage
Supply storage to be contained within a
Non - Conforming. The plans indicate an exterior storage space that
building.
would need to be deleted as a condition of project
Refuse Storage
Refuse storage outside of a building shall be
Non - Conforming. The proposed refuse storage is shown on the site
hidden from view by a solid mason vy wall 6
plans and conforms to the general development standards for a solid
feet in height with self - locking gates.
masonry wall although it is proposed to be located facing the rear
alley near to the neighboring residential units. The plans show self -
closing gates, but lacks self - locking gates. Self- closing and locking
doors or mechanisms should be required with project approval.
Staff is concerned if the site is adequate to accommodate the proposed use. The site has
functioned without incident as a retail use. Conversion of the building to a primarily restaurant
use entails compliance with many more standards. Staff recommends that the landscaping plans
should be improved, the exterior storage be deleted, the trash enclosure include self - locking
gates, the exterior patio & parking lot receive lighting if this project is approved.
Signage
A separate application for signage would also be required should the project be approved. The
applicant did not want to expend funds towards this end unless the project receives approval.
Signs will be review for consistency with the Sign Ordinance prior to issuance of permits if the
Use Permit is approved.
Public Comments
To date, the word -of -mouth from the Corona del Mar community is one supportive of the
proposed business. The Planning Department has received two letters and a petition with 27
signatures expressing concern regarding parking that is likely to occur in the abutting residential
area (Exhibit No. 4).
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt from the
requirements of the California Environmental Quality Act under Class 3 (New Construction or
Conversion of Small Structures). While the proposal involves a conversion and intensification of
use, it primarily involves interior alterations, an a minor exterior expansion to accommodate the
outdoor patio. The project is located in an urbanized area and the surrounding area is not
environmentally sensitive.
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 9 of 10 �/ _
Conclusion
Staff is concerned that the level of intensity proposed will create a parking shortage in the
abutting residential area. The Commission can reduce the scope of the parking waiver by
reducing or eliminating the proposed outdoor patio. If the patio is reduced to equal or less than
25% of the proposed interior net public area it is deemed accessory and it is not counted as net
public area. If this were done, parking would not be required for this element. The patio would
need to be reduced to a size not to exceed 254 square feet based upon the net public area
determination. A reduction would allow room for additional landscaping, although it is unclear if
adequate room would be available for an additional parking space.
Elimination of the patio will reduce the off - street parking waiver request somewhere between 9
& 14 spaces (depending on the ratio used). If the proposed outdoor patio were deleted, it could
provide one additional parking space as well as additional landscape space.
The Commission has the option to approve the request as proposed. Should the Commission
wish to do this, Resolution No. 2002 -_ has been prepared for adoption.
The Commission could modify the request. The Commission would adopt a modified resolution
with slightly revised conditions that will be available at the meeting.
Another option is to deny the proposed project altogether due to the lack of onsite parking
creating parking shortages within the abutting residential area. The findings for this option are
attached as Exhibit No. 3.
Submitted by: Prepared by:
PATRICIA L. TEMPLE TODD M. WEBER
(Planning Director Associate Planner
Exhibits
Letter and project description from Mr. John Secretan
2. Resolution No. 2002 -_; findings and conditions of approval and project plans
3. Findings for denial
4. Zoning Code Section 20.03.050 — Conversion of Use
5. Comment letters and petition
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 10 of 10 t1
City of Newport Beach
Planning Commission Minutes
January 17, 2002
SUBJECT:
3222 East Coast Highway
• Use Permit No. 2001 -040 (PA2001 -221)
--FILE COPY
Request for a Use Permit to authorize the opening of an eating and drinking
establishment called Zinc Cafe & Market at an existing commercial site in Corona
del Mar. The Use Permit application includes a request to waive a portion of the
off - street parking requirements.
Mr. Todd Weber, Associate Planner then made a slide presentation and noted the
following:
• Vicinity Map with locations of Bandera's and Quiet Woman.
• Proposed project is a conversion of an existing 2,945 square foot retail
building to a restaurant and market.
• There is 1,453 square feet of net public area (NPA) including a 437 square
foot patio.
• Plans show i l parking spaces provided on site.
• A new access from East Coast Highway with the existing curb cut to be
removed and placed in center of parking lot, and routing off the
highway and exiting to the rear alley
• Application does not involve any live entertainment.
• Proposed hours of operation 7 a.m. to 10 p.m. with predominant amount
of activity occurring from 7 a.m. to 6 p.m.
• Parking waiver requested.
• Site plan of existing building with parking lots to the north.
• Patio area is 437 square feet excluding planter and /or bus station areas.
• Diagram of the floor plan broken down by areas.
• Pictures taken from south side of East Coast Highway and from various
vantages of the rear alley.
• Discussed calculations of net public area resulting in a parking waiver of
anywhere between 18 to 37 for the plans as proposed and the
conditions to allow a waiver.
• Landscape area standards.
• Existing supply storage to be removed.
• Trash enclosure to have self-locking gates.
• Parking issue.
Ms. Temple then presented an alternate scenario to consider floor area and
parking for Zinc Caf6 Market. She noted that looking at the floor plan and layout
it is difficult to draw clear lines as to what is fully a restaurant and what might be
used as only containing retail. There were aspects of siting the various facilities
that made it difficult to draw a distinct boundary line. However, we have
identified a way to look at that. Referencing the slide of the floor plan, two of the
five areas of the building are more exclusively utilized for retail uses and are
identified as areas 'D' and 'E' listed on the plan. Most of the facilities and services
to customers in these areas are retail in nature and they are separated from the
other parts of the eating and drinking establishment by closing doors, which
should be a psychological barrier to people filtering into the market while they are
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Item No. 3
PA2001 -221
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City of Newport Beach
Planning Commission Minutes
January 17, 2002
still partaking of their lunch or beverage. I looked at some prior actions of the
Planning Commission and staff in two areas. One is the relevance of the City's
Accessory Outdoor Dining provisions that allow up to 25% of the interior net public
area to be implemented as outdoor dining without the provision of additional
parking. The other is the ability to identify specific areas.as retail space and assign
them a retail parking rate as opposed to an eating and drinking establishment.
The calculations you see on the first page of the handout does both these things
as well as an additional thing and that is, it uses the parking ratio for the eating
and drinking establishment at 1 parking space for each 50 square feet. There is a
rationale in the staff report to use the lower parking factor due to the unique
nature of this operation, which has a very high amount of walk -in trade. The
applicant has given us information that at both his other operations in Laguna
Beach and Solana Beach that approximately 40% of his business is walk -in. If we
apply the same accommodation that the Accessory Outdoor Dining Chapter
provides for smaller size patios, if we use a 1 parking space for each 50 square feet
of net public area as opposed to the 40 square feet recommended in the staff
report, and if we allow 272 square feet of the floor area to be calculated at the
retail parking factor, the project's requirement would be 18. Since 11 parking
spaces would be provided on site, this would require a waiver of 7 parking spaces.
If the Commission wishes to give consideration to this alternative scenario, we
have prepared revised conditions of approval that would implement this program.
You received the resolution and findings for the staff recommendation that was
distributed to you on Monday.
Commissioner Kranzley asked if the restaurant and dining area were closed off at
7 p.m., the parking requirement for the store would then be different. I see this as
a bifurcated use with retail /restaurant and then strictly retail. Wouldn't the parking
have a requirement for one parking space for retail only?
Ms. Temple answered it would be two.
Commissioner Gifford asked to look at the revised conditions of approval as they
may address some of her concerns.
Ms. Temple read the additional conditions:
• The exterior patio shall not exceed 250 square feet in total area.
• The total interior net public area as identified as Areas 'A', 'B' and 'C' on
the floor plan exhibit prepared by staff dated January 17, 2002 shall not
exceed 745 square feet. The areas identified as Areas 'D' and 'E' on the
floor plan exhibit prepared by staff dated January 17, 2002 shall be
devoted to retail use and shall not exceed 272 square feet.
• The parking ratio for the restaurant portion of the project shall be 1 space
for every 50 square feet of net public area. The parking ratio for the retail
portion of the project shall be 1 space for every 250 square feet. Eleven
parking spaces shall be provided on -site at all times.
Continuing, she noted the idea is to reduce the patio size, reduce the size of the
interior net public area to 745 square feet, which is the sum of areas 'A', 'B' and
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January 17, 2002
'C'. Using the 745 vm would multiph/ that by 25% and come up with a patio credit
as implemented in Accessory Outdoor Dining of 186 square feet. The 809 square
feet would be calculated at 1 space for each 50 square feet NPA and the 272
retail square feet would be calculated at 1 space for every 250 square feet. These
two factors result in a requirement of 18 spaces and a waiver of 7 spaces.
Mr. John Secretan, owner and operator of Zinc Cafi§ and Market noted, and
answered at Commission inquiry:
• Cafe experience in Laguna Beach with community support and
patronage.
• Sidewalk caf6 concept with amenities and qualities.
• Parking issues in Laguna Beach and in Corona del Mar.
• Convenience to local businesses.
• Hours of restaurant operation 7 in the morning seven days a week serving
breakfasts; lunch begins around 11:45 and continues to about 3 p.m.;
coffee and deserts are served after 3 and close about 6 p.m.
• No dinner service is provided, only take out from the market.
• The extension after hours from 6 to lop.m. would be for a take out
dessert. The dessert service is an experiment.
• Referencing the floor plan he noted areas he would rope off during that
extended duration. (Areas 'A', 'B', and 'C') It would be strictly a two
person operation; no outdoor seating will be available.
• Parking lot can be made available for anybody to use (would agree to
this or chaining the parking lot as a condition).
• Wants to keep this simple and easy.
• Possibility of purchasing parking permits for employees (8) to park in the
Municipal lots. This would remove them from his lot. (agrees to as a
condition)
• Signoge to ask customers to utilize the across street Municipal lot.
• Percentage of walk in would be about 40 %, the some as in Laguna
Beach, as the communities are similar.
• Demographics are different, but both are considered villages.
• Locations of both are near residential as well as commercial.
• Smaller outdoor dining area is something that he is willing to change as
he would still be able to maintain what he needs to make this venture
work.
• Concerns with traffic and parking demands.
• The espresso bar has no seats.
At Commission inquiry, Ms. Clauson stated that you can put a condition about
chaining the parking lot since the applicant has agreed do it. However, as for as
placing the condition on it, the question is how would that relate to your
approval? After closing, the business does not need parking.
Commissioner Tucker noted that in that area having 11 more spaces created for
use after 6 p.m. would be looked on favorably.
Ms. Clauson stated if it is part of your finding for approval, you can condition it.
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January 17, 2002 INDEX
Commissioner Gifford noted her concern with restricting the hours and not
chaining it.
Chairperson Tucker noted his concern of this becoming a night time restaurant
with alcohol service. The conditions must be very tightly worded.
Commissioner Kiser asked.about the power pole by the exit on the alley. Is there a
plan to change the location? He was answered, no.
Mr. Edmonston, at Commission inquiry stated that he does not see any direct
concerns, there are other establishments with parking off the rear that are shared
by residential use. With the kind of business that is being proposed here now, that
is not having people leave at 2 in the morning and some of the other concerns
expressed with other types of restaurants. In this particular instance, I don't see it
as a big issue. There is a grade difference that I will look at upon project
development.
Public comment was opened.
The following speakers appeared in support of the application, all for similar
reasons:
• Laurie Kellog, 3309 Ocean Boulevard stated she is very excited for this
project and is looking forward to it.
• Don Glasgow, Chairman of the Business Improvement District of Corona
del Mar stated this project fits very well with what the members had
envisioned for the area of Corona del Mar. There is a lot of parking in the
area. The District is very emphatic about welcoming this cafe project
into the area and look forward to receiving it into the village.
• Paul Blank, 273 Seaview Avenue stated his support for similar reasons
expressed.
• Mia Ziegler, a local Corona del Mar employee stated she is looking
forward to this cafe for her lunch hour. It is a charming business and
asked for approval.
• Beryl Magnason, 313 Poppy Avenue supports this project.
• Don Jacobs, 309 Poppy Avenue noted that he and his wife are so looking
forward to having this cafe in the middle of town. Bandera's across the
street has open parking during the breakfast hours so maybe some type
of parking trade could occur. He asked for approval of the project.
• Alex Sobrosky, Laguna Beach noted that perhaps residential permits
would be the answer to the parking problems. It is a great idea to have
the Zinc Caf6 in Corona del Mar.
The following people appeared in opposition to the project:
Robert Green, owner of the building at 427 Marguerite on the comer of
the entrance to the alley access. He stated that his experience with the
street parking on 2w Street and Marguerite is horrendous. The vision of
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Planning Commission Minutes
January 17.2002
Corona del Mar is an ideal concept but we must consider the immediate
impact on the residents. Everyone who has spoken before me, lives
some considerable ways away from the project site. The main issue I
have experienced, is when driving down the alley when delivery trucks
that service the Quiet Woman, block the alley for a considerable amount
of time. Zinc Cofd proposes to use their parking lot for delivery, as there is
no loading dock, I expect the parking lot to be full. That will force the
delivery trucks to park in the alley and I see a problem with the access
and egress for the residents. A very significant safety problem could
occur. I have seen employees park in front of the residences. The public
parking lot is used by the open air market on the weekend, so there is a
flaw in the parking wavier provision.
Pamela Ray, 3201 and 3211 Second Street, resident homeowner on the
adjacent alley noted that there is a lot of parking in front of the homes.
She agreed that the cafe is lovely, but she expressed her concern for the
residents in the general area. People do not choose to park at
Bandera's or Rite Aid and then walk across the busy highway, they
choose to park in front of the residences.
Mike Franklin, 505 Narcissus and the owner of the property at 415
Marguerite and 416 Larkspur stated he had talked to the applicant. He
noted his concern with the trash. The property on Larkspur has no alley,
no separation between commercial and residential. Having restaurant
trash, which is a daily full bin with the flies and odors should be re- located
somewhere closer to the building away from my property. I am
concerned with the lighting of the parking lot and how it will affect my
tenants; Mr. Secretan indicated he had low wattage, and I don't want it
shining into the units at night. 1 think the parking lot should be chained at
night because I don't want commercial people going in there at 3 in the
morning opening doors, slamming them and waking my tenants up who
are 3 feet away from the parking lot.
Doug Ashton, 418 Y: Larkspur asked that this project be denied because
there is not enough parking for either patrons or employees;
enforcement issues; does not agree with any waiver due to the added
burden to the surrounding commercial and residential area; delivery
trucks block alley and force patrons out onto Marguerite; there will be
parking in front of residential garages; two way alley will necessitate
drivers pulling onto private property for oncoming vehicles to pass; noise
of the delivery trucks; and if the parking lot is left open after 10 p.m. the
bar patrons will use it until all hours of the morning, is the owner willing to
assume the liability for the parking lot after hours?
Debbie Ashton, 418 '/2 Larkspur stated her support of the previous
speaker.
Howard Ashton, 308 Orchid stated that he has a problem with the
parking.
Public comment was closed.
Commissioner KranAey, referring to the site map, asked if the trash could be
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City of Newport Beach
Planning Commission Minutes
January 17, 2002
INDEX
moved down closer to the building and away from the property owner?
Ms. Temple answered that with confirmation it could be moved down but no
further than what the traffic engineering division determines is necessary for that
gateway access.
Commissioner Selich noted that he has been involved with the Visioning plan for
the past two years and this is exactly the kind of use that was envisioned and
hoped to get more of in Corona del Mar, including community serving uses that
rely heavily on pedestrian oriented traffic as well as having the outdoor dining and
things that contribute to the village atmosphere. He is Concerned with the
parking. Businesses do not want to impact the residential areas. One of the top
priorities of the Vision 2004 Plan once the highway issue is resolved is to develop a
parking plan where we can get more off - street parking distributed properly
throughout the area because we feel the parking problem will never be solved on
a lot by lot basis. I would not be in favor of any use that I felt had a heavy impact
upon the residential area. Looking at this proposal, one of the benefits I see, we
have a pool of parking and this is an opportunity to share some of the parking. I
am referring to the City parking lot across the street. The times this businesses is
open and operating, not withstanding the Farmers' Market issue, are the times the
City parking lot is underutilized. I think there is a great benefit there if we condition
that the employees park there as well and the operator encourages patrons to
park there too. There is a benefit to having 11 additional parking spaces added
to the parking pool in Corona del Mar. The owner of the property called me up
before he started talking to Zinc Cafe about how to reuse the building, and he
was talking at that time about putting in a Harley Davidson Motorcycle dealership
in the old garage where the restaurant is going and taking the lot next to it and
building as much office and retail on it and have all the parking exiting off the
alley. I believe this is a for superior alternative to that because of the addition to
the parking pool, helping to alleviate an evening parking condition. I share the
concern about the hours of operation and if we were to approve this, I would
suggest an additional finding dealing with that: The Planning Commission finds
that the operational characteristics of the proposed use and the plans as
conditioned, particularly the hours of operation, are the reasons for granting the
parking waiver. Any change in the operational characteristics, particularly a
change in the hours of operation, would require an amendment to the Use Permit,
reviewed by the Planning Commission with the parking waiver reconsidered.
Although this restates a lot of what is in the Code and would be something that
someone would be required, l think it is important to get into the findings so it's
clear what the Commission's intent was. If it goes to another use or the hours were
extended, we would come back and reconsider this parking waiver issue. In
addition to the conditions that staff put forth I suggest additional conditions that
require: The project owner is required to purchase employee parking permits for
the lot across the street, • signage to be used encouraging the patrons to use the lot
across the street project owner agrees to the 1 i spaces being available to the
public after closing. The problem with the delivery trucks in Corona del Mar is a
problem everywhere and is endemic to the residential and commercial interface.
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January 17, 2002 INDEX
One last point is the viability of the employees parking in the public parking lot,
that is a condition that we put on Albertson's Supermarket when they had their
expansion a couple of years ago. As far as 1 know, I talked to staff and they are
purchasing the employee parking permits and though we have no way of
knowing for sure that is being used, I think if the employer is spending the money to
buy the permits, he is probably staying on top of the issue.
Commissioner Agajanian asked about the new curb cut along the highway?
Mr. Edmonton answered that it was less of an impact then if it was someone
trying to parallel park probably because they can get into the driveway fairly
quickly. The design of the lot has the first spaces for enough into the lot that cars
should be able to get off the highway. The existing curb cut that is there was
mainly used when it was a car dealership to get cars into and out of the
showroom, which was a low intensity use. It will introduce a new point where
more people will be slowing down and making that turn into the driveway than is
there today or if it were only a parallel parking space. The closest spaces in the
municipal lot for parking would be closest to Marguerite and close to the corner.
The parking lot revenue is low and most of the demand is at night time with
restaurant patronage and employees. It is typically over 80% vacant.
Ms. Temple, at Commission inquiry, stated that the Farmer's Market operates from
8 a.m. to 1 p.m, on Saturdays.
Commissioner Gifford stated that the style of the operations is terrific for Corona
del Mar. The outdoor areas is a draw for patrons and I hate to see us cut that
down. If we waive 7 spaces, what would happen if we waived 9 spaces? Under
the method of calculation outlined in the memo, what would happen if the patio
had the benefit of parking spaces 8 and 10, what would be the parking
requirement and how many would we have to waive? My experience is that the
parking problems on the side street would not diminish if this project did not open.
My inclination is to consider allowing a larger patio and I thought a suggestion
about exploring a possible reciprocal agreement with Bandera might be good.
Additionally, I am concerned with the idea of chaining the parking lot at night. I
think it would be a dramatic impact on the residents if the Quiet Woman patrons
adopted that parking lot. I suggest that perhaps we require the parking lot to be
chained but permit that the applicant could have a parking agreement with
another business provided that these were utilized by them through a valet
parking program spaces to minimize noise and commotion of the public that
might otherwise use the spaces.
Commissioner Kiser asked about the alleyway and the issue of two-way traffic
without going onto private property.
Mr. Edmonston answered it is a problem and if this was being developed today,
the Code would require a 20 foot wide alley. Throughout Corona del Mar, 14 feet
is the standard. In other parts of the City it is as low as 9 and 10 feet. The alleys are
used for loading per the Municipal Code up to 20 minutes, but that is difficult to
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Planning Commission Minutes
January 17, 2002
enforce. If this is 13 feet because of the power pole and across the alley there is a
5 foot setback, then that would give a total of 18 feet using the public and private
areas.
Commissioner Kiser asked about condition 8 that all delivery trucks are required to
service the restaurant from on -site and prohibited from Coast Highway or the
public alley service locations. What about the normal enforcement, would this
work?
Mr. Edmonton answered it is a low priority for enforcement and is difficult to
control. This would be a requirement on the Use Permit, not necessarily a violation
of the Municipal Code or the California Vehicle Code to park in the alley and do
it.
Ms. Temple answered Commissioner Gifford's suggestion regarding the patio. The
calculations would increase the parking requirement, using the one space per 50
standard for the alternate analysis by 7 to 8 spaces so the waiver would increase
to either 17 or 18, as opposed to 10.
Commissioner McDaniel noted that there will be impact on the neighborhood
with finis project. The chaining or not chaining is a significant concern. I agree
that this will be an overflow for other institutions in the area with all the noise
associated with its use. I am in favor of chaining the parking lot to make sure there
is as much protection as possible for the use.
Commissioner Kiser stated he would like to see this use, the outdoor patio should
stay within the 250 square feet so that it is within the Accessory Outdoor Dining
allocation. The business will work with it and the applicant has agreed to it as well.
I am concerned about the parking issues and the public lot is important to this use.
Staff's recommendation of the signage both inside and outside the restaurant
asking patrons to use the lot as well as the applicant's suggestion for his patrons to
be good neighbors by doing that has some impact. I would like to see a
condition on this signage.
Commissioner Selich noted that it would not be practical to get an agreement
With either Quiet Woman or Bandera's regarding the parking. One way to deal
with it is to give the option of working out an agreement and close it off at the
alley, but if the applicant is unable to get one then 1 think having a place for
people to park that is out of the residential area and on Coast Highway that is
better. I prefer to see the lot open after hours.
Motion was made by Commissioner Selich to approve Use Permit No. 2001 -040
(PA2001 -221) with the alternative floor area calculations as submitted by staff
today; with the findings as initially submitted by staff but adding the additional
finding. The Planning Commission finds that the operational characteristics of the
proposed use and the plans as conditioned, particularly the hours of operation
are the reasons for granting the parking waiver. Any change in the operational
characteristics, particularly a change in the hours of operation, would require an
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Planning Commission Minutes
January 17, 2002
INDEX
amendment to the Use Permit, reviewed by the Planning Commission with the
parking waiver reconsidered; with the additional three conditions suggested by
staff and adding my following conditions that:
• Operator is required to purchase employee parking permits and they
are required to park in the Municipal lot across Coast Highway.
• Post signage In a prominent location directing and encouraging his
patrons to use the Municipal lot across the street.
• The 1 I spaces be available to the public after closing in either of two
forms, (a) enter into agreements with adjacent businesses to use the lot
on a valet parking basis in which the alley entrance would be closed
off, or (b) Use the lot as indicated on the plans.
• Relocate the trash enclosure to the maximum degree possible as
approved by the City's Traffic Engineer towards the driveway enhance
off the alley.
Chairperson Tucker then asked the maker of the motion to clean up some of the
changes on the conditions.
• Condition 1 - change site plan to plot plan; the floor plan should be
dated.
• Condition 4 - the last sentence delete the last two words, isreguired.
• Condition 8 - roll back the time frame for the deliveries to 10 p.m. as it
closes at that time.
• Condition 10 - eliminate this condition. It is assumed that the limited
net public area will limit the number of the seats.
• Condition 12 - the rear door usage by employees, roll back time to
10;30 P.M.
• Condition 14 - insert water tight before trash containers and add a
sentence that says, 'Trash shall be picked up from the ground of the
hash enclosure on a daily basis by employees of the premises.
• Condition 20 - add after hours of operation, (for either restaurant or
retail and espresso bar); after floor plan add (including patio dining
area).
• Condition 21 - change the last word, 'company' to agent.
• Condition 22 - change the word 'outside' to audible.
Commissioner Selich agreed to these changes.
Commissioner Kiser added:
• Condition 23 - change wording to specified time periods.
• Resolution - delete the word, DOES.
Ms. Temple added the following conditions to address the Commission's
concerns:
That the exhibit dated January 17, 2002 with the specific areas listed by
letter shall be incorporated as part of the findings.
That the reduction in the patio area shall be used for landscaping
purposes.
25
6 (P
City of Newport Beach
Planning Commission Minutes
January 17, 2002
Commissioner Selich agreed with these additional changes and discussed his
condition regarding the agreements.
Commissioner Kiser stated he has concerns about the ability of valets to park
cars in that particular lot and get them back out onto Coast Highway.
Mr. Edmonston answered the concern really is how the valets will be able to
keep other people from coming into the lot. It is problematic; valets do not
particularly follow the striping on the ground, they follow a pattern that works
best to get the most cars in and leave maneuver space. The valets would
establish a pattern and you could have them submit a plan that would show
how it would be operated. I have not looked at this project with exiting onto
Coast Highway, only entering from Coast Highway.
Continuing, Commissioner Kiser stated another concern about forcing the
applicant to turn this into a public lot that is open at night. It is great to have the
extra parking in town, I don't think we should restrict this owner /user from
chaining off that lot at night if they want to.
Commissioner McDaniel expressed his concern of having the eleven parking
space noise generation concentrated in that area and disturbing those few
residences. Additionally, it is a target for people to come visit after hours, just to
stand around shooting the breeze, etc. I think it would be minimized if they were
disbursed.
Mr. Edmonston answered that as Commissioner Selich noted, it is a trade off. If it
is open late and introduces parking in an area that has not had it next to
residences as opposed to street parking being used. I don't know if there are
more bedrooms on the alley or more on the street, there could be a number of
things that play into which would be least burdensome for the neighborhood.
Commissioner Agajanion stated that if the facility is going to be opened until 10
at night, I am not sure who will valet park after 10:00 p.m. I think it is a moot
point and I would just as soon not put the requirement on it at all.
Commissioner Gifford noted her goal was to have findings supported by
potential use of the parking spaces beyond this business but to minimize the
impact on the neighbors by not having it create problems for nearby residents.
The problems we could have here are people coming out of the bars at 2 in the
morning, slamming doors, radio blaring. I don't know whether you take parking
away from where people are already parking or get 1 1 more people who drove
on by who could not find a place to park before, i feet we should require that it
be chained but give the owner the option to allow it be used for valet.
After considering public testimony, Chairperson Tucker noted that he wasn't sure
whether it was better to require the lot to remain open after hours or to chain
the lot. Accordingly, he would like to see this come back in a few months to see
26
NDEX
City of Newport Beach
Planning Commission Minutes
January 17, 2002
if leaving the lot open was creating more problems then it was solving. It is a
choice of the best of two evils but I'm not sure we have made the correct
choice. To make sure we haven't made a mistake, I would like the matter of the
parking lot remaining open after hours to come back to the Commission for
review in six months.
Commissioner Agajanian asked to add a condition, No seating at the espresso
bar.
Commissioner Selich agreed.
Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford. Kranzley Selich
Noes: None
...
Commissioner Kranzley excused himself from the proceedings.
Chairperson Tucker then noted that according to the Planning Commission
Procedures, we are not to start on an item after 10:30 p.m. unless we vote to do so.
I would like a motion so that we con go ahead and consider the Regent Newport
Beach.
Motion was made by Commissioner Selich to hear the next item.
Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford. Kranzley Selich
Noes: None
Excused: Kranzley
Regent Newport Beach (PA 2002 -005)
1700 West Balboa Boulevard
Initiation of.pn amendment to the Land Use Element and Recreation and Open
Space Elemerlt.:pf the General Plan and the initiation of a Planned Community
Development Plan lo allow the development of a 147 -room hotel resort complex.
Chairperson Tucker noted this item is an initiation of a general plan amendment,
it is not the general plan am(; idment itself. The actual plan, assuming that the
Council decides to concur with ari ,,Wsitive action we take, will be back when
it will be the actual plan, with the relai"ed,environmental documents, and that
will be before us at a later date. Historically'in_the past we have spent very little
time on initiations, if it is something that looks ,like it is within the realm of
something that might be acceptable and the appkant wants to spend the
time, effort and money to bring back the actual plan tows, e generally accord
him that right. In this particular case, this is also a property tHditis owned by the
City. The City Council has been heavily involved in this process s81 -think that we
Will take very brief public comments, limit everybody to a minu'te:.,on this
because there is no actual plan for us to review tonight. We will decide'on..the
wisdom of the initiation. Is there any other information from staff?
27
INDEX
Introduce an Rem
after 10:30
Approved
Item No. 4
PA2002 -005
Recommended for
Initiation
15 f
RESOLUTION NO. 1549 FILE COP Y
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2001 -040 (PA2001 -221) FOR PROPERTY LOCATED AT 3222
EAST COAST HIGHWAY
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Mr. John Secretan, with respect to property located at
3222 East Coast Highway and legally described as Lots 2 and 3 of Tract Map No. 1045, requesting
approval of Use Permit No. 2001 -040 to open an eating and drinking establishment, with an outdoor patio,
in a former retail building. The Use Permit includes a request for a waiver of off - street parking
requirements.
Section 2. A public hearing was held on January 17, 2002 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered
by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
The proposed location of the eating and drinking establishment needing this use permit, and the
proposed conditions under which it would be operated or maintained, is 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 use permit pertains to an
eating and drinking establishment to be opened in a building that is designated and zoned for
this activity. The use has been conditioned in such a manner to minimize the impacts associated
with restaurant activities. The plans, as conditioned, meet the design and development
standards for eating and drinking establishments, except as specific waivers have been granted.
The applicant does not propose to serve alcoholic beverages or provide live entertainment,
which would change the operational characteristics of the restaurant and could result in
additional parking demand.
The operational characteristics of the proposed use and the plans as conditioned, particularly the
hours of operation, are the reasons for granting the parking waiver. Any change in the operational
characteristics, particularly a change in the hours of operation, would require an amendment to the
Use Permit, reviewed by the Planning Commission with the waiver reconsidered.
The operational characteristics and location of the proposed use are such that a substantial amount
of business is generated by walk up traffic. The peak operational times are anticipated to be during
the morning and lunch hours. The evening business is anticipated to be significantly less than the
peak morning and afternoon times. A municipal parking lot is located in close proximity to be
useful in conjunction with the proposed project. These factors are anticipated to reduce the
project's trip generation and reduce negative effects of the limited on site parking provided.
City of Newport Beach
Planning Commission Resolution No. 1549
Page 2 of 6
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 3 (New Construction or Conversion of Small
Structures).
Section 4. Based on the aforementioned findings, the Planning Commission hereby approves
` Use Permit No. 2001 -040, subject to the Conditions set forth in Exhibit "A ", the plans dated November 2,
2001 attached as Exhibit `B," and the
Section 5. 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 or this action is called for review
by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JANUARY, 2002.
AYES:. McDaniel, Kiser, Agaianian, Tucker,
Gifford, Kranzley, Selich
NOES: None
BY: - :;z J!::; �`
Larry Tucker, Chairman
0
City of Newport Beach
Planning Commission Resolution No. 1549
Page 3 of 6
E=Bff "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2001-040
1. The development shall be in substantial conformance with the approved plot plan, floor plan, and
elevations dated November 2, 2001. Additionally, development of the project shall be in
substantial conformance with the floor plan exhibit prepared by staff and dated January 17, 2002,
which designated the uses for each section of net public area. .
2. Use Permit No. 2001 -035 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 if the Newport Beach Municipal Code, unless an
extension is otherwise granted.
Prior to the issuance of any permits, the two separate parcels identified as Lot Nos. 2 & 3 of Tract
Map No. 1045 shall be merged.
4. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City - adopted version of
the California Building Code. The construction plans must meet all applicable State Disabilities
Access requirements. Adequate access and exiting must be cleared through the Building
Department. Specifically, approval from the Orange County Health Department is required prior
to permit issuance. A grease interceptor of adequate size is required in association with food
preparation activities.
5. That all public improvements shall be constructed as required by Ordinance and the Public Works
Department. Specifically, the proposed driveway requires an encroachment permit from Caltrans.
The unused driveway into the existing building shall be replaced with curb, gutter, and sidewalk,
also as part of the Caltrans encroachment permit.
6. The gate opening at the parking lot exit shall be at least 14 feet wide.
7. Hours of operation are limited to the following schedule:
Restaurant 7:OOam to 6:OOpm (everyday).
Retail & Espresso Bar 7:OOam to 10:00pm (everyday)
8. The total net public area as identified as Areas "A," "B," and "C" on the floor plan exhibit
prepared by staff and dated January 17, 2002 shall not exceed 745 square feet. The areas identified
as Areas "D" and "E" on the floor plan exhibit prepared by staff dated January 17, 2002 shall be
devoted to retail use and shall not exceed 272 square feet.
9. The parking ratio for the restaurant portion of the project shall be 1 space for every 50 square feet
of net public area. The parking ratio for the retail portion of the project shall be 1 space for every
250 square feet. Eleven parking spaces shall be provided on -site at all times.
U`
City of Newport Beach
Planning Commission Resolution No. 1549
Page 4 of 6
10. All delivery trucks shall be required to service the restaurant from on -site and shall be prohibited
from loading and unloading on Coast Highway or the public alley. 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 6:00 am or after 10:00 pm.
11. Any landscaping affected by the proposed driveway shall be relocated or replaced at the
applicant's expense.
12. The exterior patio shall not exceed 250 square feet.
13. Plans for exterior lighting and signage shall be submitted to the Planning Department for
review and approval. The lighting plan shall be designed to eliminate light spillage and glare
onto adjacent properties or uses. The lighting plan shall be prepared and signed by a licensed
Electrical Engineer acceptable to the City with a letter from the engineer stating that, in his
professional opinion, this requirement has been met. Prior to the issuance of a certificate of
occupancy or final of building permits, the applicant shall schedule an evening inspection by
the Code Enforcement Division to confirm control of light and glare specified in the lighting
plans.
14. The use of the rear door shall be limited to employee use only and shall be prohibited between
the hours of 10:30pm and 6:OOam. Use of the rear door by customers or patrons shall be
prohibited.
15. Storage outside of the building in the front or at the rear of the property is shall be prohibited,
with the exception of the required trash (container) enclosure. The required trash enclosure
shown on the plot plan dated November 2, 2001, shall be moved as far from the residential
property as is possible while still providing adequate space for the egress from the parking lot
to the alley.
16. All trash shall be stored within the building or within water -tight trash containers stored within
the trash (container) enclosure (i.e., three masonry walls and a self - locking gate), or otherwise
screened from view by neighboring properties except when placed for pick -up by refuse
collection agencies. 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.
The design of the trash enclosure shall incorporate self- locking gates.
17. 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.
18. 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.
19. No alcoholic beverage service or sales shall be permitted on the premises. Any change to this
status requires approval through the City's Alcoholic Beverage Ordinance (ABO).
ba
City of Newport Beach
Planning Commission Resolution No. 1549
Paee 5 of 6
20. No live entertainment or dancing shall be permitted in conjunction with the permitted use.
21. 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.
22. That any change in operational characteristics, hours of operation (for either restaurant or retail
and espresso bar), expansion in public area or other modification to the floor plan (including
patio dining area), shall require amendment to this Use Permit or the processing of a new Use
Permit.
23. 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.
24. No audible paging system or speaker system shall be utilized in conjunction with this food
service establishment.
25. The operator of the restaurant facility shall be responsible for the control of noise generated by
the subject facility. The noise generated by the proposed use shall comply with the provisions
of Chapters 10.26 and 10.28 of the Municipal Code that provides, in part, that the sound shall
be limited to no more than what is depicted in the table below for the specified time periods.
Measured at the property line of
Commercially zoned property
Measured at the property line of
Residentially zoned property
7:00am & 10:00pm
65 dBA
.o. :•
10:OOpm & 7:00am
50 dBA
26. Kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code prior to
the issuance of a Certificate of Occupancy for the subject business and approved by the Building
Department. That issues with regard to the control of smoke and odor shall be directed to the
South Coast Air Quality Management District.
27. All mechanical equipment shall be screened from view of adjacent properties and adjacent public
streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach
Municipal Code, Community Noise Control.
III
I3
City of Newport Beach
Planning Commission Resolution No. 1549
Page 6 of 6
28. That a covered wash -out area for refuse containers and kitchen equipment shall be provided 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.
29. Operator is required to purchase employee parking permits and the employees shall be required to
parking in the municipal parking lot
30. After six months have passed from the first day the business is open to the general public, the
Planning Commission shall review the functional characteristics associated with the operations of
the open parking lot to ensure compatibility with the surrounding community and built
environment.
F:\ USERS\ PLMShared\PA's\PA2001.221 \UP2001 -040 revisedresolution.doo
U A
EXHIBIT 4
LETTER DATED 3/10/05 FROM JOHN SECRETAN 5
tt
Mar 10 05 10:30a Tim Nicol nrchitect 949 497 1680 p.2
To the Planning Department of Newport Beach-
It has been brought to my attention that it is time for a review of Zinc Cafe
& Market's conditional use permit.
The four requirements that are always the issues of my CUP are:
1. Parking
2. Deliveries
3. Hours
4. Trash Enclosure
1. Parking
The parking requirements at Zinc are well explained to all existing and
new employees. This, to my knowledge, is the only requirement that we
have had community complaints of in the past year. To address these
complaints and what appears to have put an end to employee
neighborhood parking is to pass the cost of the $200.00 citation to the
guilty employee. This appears to have completely removed the desire for
employees to park in the neighborhood. Each employee has signed a
parking policy (included) memo that explains where to park and the
ramifications of what will happen if it is challenged. Since this action we
have had no community altercations.
2. Deliveries-
The requirement of parking lot delivery is not usually possible. Having
tried to accommodate this requirement at the beginning of business, we
found that patrons would attempt to back out of our parking lot into Coast
Highway causing nothing but dongerous safety issues. Our parking lot is
just too small to accommodate a full lot and a large truck. As said by me in
the last hearing, alleys are there for the purpose of removing delivery
vehicles from highways and to provide a place to make safe and quick
deliveries to all businesses. All the drivers are very courteous and
accommodating and the driver is never more than a minute away from
their truck. There is not a business in any urban environment that is not
allowed delivery of goods to their store via the alley.
It is unfair to single out my business from the hundreds of others that are
allowed this right of alley delivery.
4
Mar 10 05 10:30a Tim Nicol Architect 949 497 1680 P.3
3. Hours
We have opted not to serve dinner. We found that the 8:30 curfew did not
provide for enough hours to make dinners profitable. We have returned
to a 6 p.m, closing time.
4. Trash
We never have had formal complaints about our trash enclosure. It is
always kept clean and is collected seven days per week.
It is to my belief that Zinc Cafe & Market is operating a very clean and
community based business. Our format has not changed from the day it
opened. We are providing a restaurant space in the same allocated area
and are providing a market and take -out business in the same allocated
area as stated in our initial use permit.
I hope that letter answers all your questions. Please contact me if their are
others.
Sincerely,
John Secretan
949- 9$3 -4563
lot
EXHIBIT 5
PARKING PERMIT RECEIPTS
FOR 20035 2004, & 2005
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES
3300 NEWPORT BLVD..
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
RECEIVED BY: PERRY2
TODAY'S DATE: 02/21/03
90105563
90105563
90105563
90105563
90105563
90105563
90105563
90105563
PARKING
PARKING
PARKING
PARKING
PARKING
PARKING
PARKING
PARKING
CASH PAID
$.00
PERMITS
PERMITS
PERMITS
PERMITS
PERMITS
PERMITS
PERMITS
PERMITS
$`8R(
CASH RECEIPT
RECEIPT NUMBER: 02000043992
PAYOR: ZINC CAFE & MARKET
REGISTER DATE: 02/21/03 TIME: 14:17:34
AN1657
6A68319
$100.00
AN1658
4TWG197
$100.00
AN1659
4JLV793
$100.00
AN1660
6V50120
$100.00
A,N76(,l
4JEB181
$100.00
P11662 =82:78
$100.00
AN1663_,
4KBA?,4;;,,
$100.00
616,42,64
$100.00
4
----------------
TOTAI
$800.00
ZD rGK NO
TENDERED
4b .1 -34b
$:8.00.00
CHANGE
$.00
61
CITY OF NE w-PORT BEACH
ADMINISTRATIVE SERVICES
e.� 3360 NEWPORT BLVD..
P.O. BOX 176% NEWPORT BEACH, CA 92658 -8915
RECEIVED BY: PERRYI
TODAY'S DATE: 02/20/04
90105563 PARKING PERMITS
90105563 PARKING PERMITS
90105563 PARKING PERMITS
90105563 PARKING PERMITS
90105563 PARKING PERMITS
90105563 PARKING PERMITS
90105563 PARKING PERMITS
90105563 PARKING PERMITS
CASH PAID
$.00
Z ANC, C t
J--OHN
CASH RECEIPT-
RECEIPT NUMBER
01000021859
PAYOR: ZINC CAFE & MARKET
REGISTER DATE: 02/20/04 TIME: 10:06:27
AN1735 4CUY899
AN1736 3PPB278
AN1737 GA68319
AN1738 6J64264
AN1739.., 51,22111
AN1.740 SCEtL3.17
AN 1.7 41, ,. 4 YGP'392..
AN1742. `.4TWG1�57!
x
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$800.00
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES
3300 NEWPORT BLVD..
cti°`oaN�� P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
RECEIVED BY: PERRY2
TODAY'S DATE: 01/28/05
CASH RECEIPT
RECEIPT NUMBER: 02000089262
PAYOR: SECRETAN, JOHN
REGISTER DATE: 01/28/05 TIME: 13:30:40
90105563
PARKING
PERMITS
AN1525
4CUY899
90105563
PARKING
PERMITS
AN1524
5CFW317
90105563
PARKING
PERMITS
AN1523
4RQZ236
90105563
PARKING
PERMITS
AN1522
SL22111
90105563
PARKING
PERMITS
AN1521
4WME735
90105563
PARKING
PERMITS
M'41520,;;4YG5392
90105563
PARKING
PERMITS
"AN1519"`'GT642:64
90105563
PARKING
PERMITS
AN-1518t,4TWGL97
=.
__.
TOTAL DUE:
CASH PAID
CHECK PAID
.CHECK.: NO
-TENDERED
$'800.00
f#,j663 as 5
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$100.00
$800.00
CHANGE
$.00
11
EXHIBIT 6
PARKING CITATIONS I a
NOTICE OF ADMINISTRATIVE CITATION
CITY OF NEWPORT BEACH.
OFFICE OF THE CITY MANAGER
CODE AND WATER QUALITY ENFORCEMENT
5700 Newport Blvd.
Newport Baca, CA 92663
")""Is CltudwCorrection Date i Time
AD inspection of the
`22,2-
CC
mspecti Premises located at ? C;_.. �-J Ll �✓ C-
is the City ofNewport Beach, revealed a violadoa(s) of the Newport Beach Municipal Code.
Name vtBwaa or buftaeu:! ^j
HalllermtthaD
1100:
]` 1ST. CITATION $100.00 ......... IS NOW DUE AND PAYABLE
H. THE NEAT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION
CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE
IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION.
(] 2ND. CITATION $200.00 ..... „.... IS NOW DUE AND PAYABLE
[ ] 3RD. CITATION $500.00.„........IS NOW DUE AND PAYABLE
THI$VWLATION(S)WAS ORIGMALLY BROUGHT TOYOUR ATLBNTTON ON MIOYW
HAVE NOTCORRENED OR RESOLVED THE VIOLATION(S).
BWFORI BEAN MUMCIFAL DFSCRIFTIOB DFYIDLATiD M:
CODBBERIONM-
RECEIPT ACKNO IUDGED.BY L,,..: " [ ! C' f f ('` ..._ .. DATE
i
.13
NOTICE OF ADMINISTRATIVE CITATION
CITY OF NEWPORT BEACH
OFFICE OF Tim CITY MANAGER Citation w.=
CODE AND WATER QUALIFY ENFORCEMENT
"d Beach, CA 9260
(949)4t4311S aft" Z10 -01
I Correction Date )Time
An inspection of the premises located at
in the City of Newport Beach, revealed a violation(s) of the Newport Bead Municipal Code.
ewaer or boWam: f (,:-�,F E�
If cuffe"at than
1ST. CITATION $100.00 ......... IS NOW DUE AND PAYABLE
THE NM LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION
CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE
IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION.
2ND. CITATION $200.00 ... . .... JS NOW DUE AM PAYABLE
3RD. CITATION $500.00 .... _JS NOW DUE AND PAYABLE
OR RESOLVED THIE VIOLATTON(Sj
NEWFM BEACH NUMCIPAL DISCRIffIGNOMUTHIM:
Commmmm
CORRECTION(S)
EN NA7I opopnm--7"- FRINTNAKEGFOPPICIR 100
k
CLEARED AS OF _(DATEINSPE
WHITE ( V' mlaum Copy) CANARY (FlezrM Copy) PINK (Offim Copy) 'I
EXHIBIT 6
ZINC CAFE EMPLOYEE'S PARKING AGREEMENT
15
FEB -24 -2002 07:26P FROM: TO:6443229 P:3/3
M
Zim Employees:
Ire have now been issued 2 tickets from the city of
Newiort for parking on 2d 5t. and M i te. This is the
final warning, the next ticket will be fo $500 dbl]ars and if
Your namMicense plate is on the lis% -* will be
responsible to pay for the citation.
6�+eliatrv.:
Manual s.: "I?e _, l IAWCS Dl� 11,
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jot
u
2A:d #t TOLLbb:O1
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*WMW dLb:9e 2008 - 22-911
:WMU dLb:90 2892-22 -8344 I
FEB -24 -2002 07:28P FROM:
Reyes: ?Kyo ? q
David
Daniel:
Guillermo:
- ►^1Skon.
TO:6443229 P:1 /1
i�
�ciT:d #tT0tL6b:QL :WOMB dLb:90 2002- 22-81d