HomeMy WebLinkAboutLe Quai Restaurant (PA2005-041) 2816 Lafayette AveCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
August 18, 2005
TO: PLANNING COMMISSION
FROM: Planning Department
Jaime Murillo, Associate Planner
imu ri l l o(&city. newoort- beach. ca. u s
(949) 644 -3209
SUBJECT: Le Quai Restaurant
Amendment to Use Permit No. 3588
(PA2005 -041)
2816 Lafayette Avenue
APPLICANT: Dennis and Christine Overstreet
REQUEST
The applicant is requesting the approval of an amendment to Use Permit No. 3578 to
allow a 293 square foot expansion of an existing restaurant into an adjacent retail suite.
The area accomodates a new lobby and hallway entrance into the restaurant, as well as a
restroom facility and storage. A waiver of the required parking spaces associated with the
addition is required.
Staff recommends that the Planning Commission approve the amendment to Use
Permit No. 3578 to permit the 293 square foot expansion of the existing restaurant into
the adjacent retail suite, and waive the 3 additional required off - street parking spaces
associated with the proposed expansion, subject to the findings and conditions of the
approval with the draft resolution.
BACKGROUND
On June 17, 1971, the Planning Commission approved Use Permit No. 1536 to allow
the establishment of a take -out restaurant. The site was zoned M -1, which conditionally
permitted restaurants. The restaurant facility was established prior to the requirement
for off - street parking in the M -1 District, and therefore no off - street parking was
provided. The use permit included a 1 -year expiration condition and it required one off -
street employee parking and one delivery parking space. The use permit was
subsequently extended for several years after that.
Le Quai Restaurant (PA2005 -041)
August 18, 2005
Page 2 of 8
Municipal
Parking
Facility , 2910
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ES-IVIL E .y
k` ro
Zg45 " 2810 28M
2816 Lafayette Avenue
Amendment to Use Permit No. 3578 PA2005 -041
Current Development: ILe Quai Restaurant and Residence on 2 no Floor
To the north:
To the east:
To the south
To the west:
Le Quai Restaurant (PA2005 -041)
August 18, 2005
Page 3 of 8
The restaurant served box lunches (sandwiches, salads, soups, fruit and soft drinks) to
patrons who mainly worked in the area. The 260 square -foot restaurant shared the
building with Transcon Sails and had entrances from both Lafayette Avenue and the
boat rental area in the rear of the property. The restaurant lounge area was also used
by customers and employees of Transcon Sails. The back portion of the building was
used as a boat rental office with a storage room. A two- bedroom apartment also
existed on the second floor.
On March 21, 1996, the Planning Commission approved Use Permit No. 3578 to
change the operational characteristics of the restaurant to allow the service of beer and
wine. The restaurant at that time had been expanded to a total gross square footage of
approximately 1,322 square feet. Approximately 130 square feet of the existing floor
area was utilized for indoor dining at a customer service counter, with the remaining
interior square footage devoted to kitchen and storage. The balance of the restaurant
consisted of an approximately 942 square foot outdoor dining patio. The restaurant
was casual with a menu consisting of mainly sandwiches, fruit, salads and soft drinks.
The ancillary service of beer and wine was added to compliment the menu.
In conjunction with the approval of Use Permit No. 3578, the Planning Commission also
waived the required restaurant development standards, including building setbacks,
parking and traffic circulation, walls surrounding the restaurant site, landscaping,
exterior illumination, and underground utilities. The Municipal Code allows these
development standards to be waived or modified if such waiver or modification will
achieve substantially the same results and will in no way be more detrimental to
adjacent properties or improvements than with the strict compliance with the standards.
On May 12, 2003, the Building Department cited the current property owners for
performing construction without the appropriate building permits. On May 27, 2003, the
applicant submitted plans to the City for the kitchen renovation and the creation of a
second accessible restroom. The kitchen renovation eliminated the customer seating
area noted previously; however the new lobby area increased the total area of the
restaurant. Upon submittal of the plans, the Planning Department became aware of the
expansion and the applicant was then directed to apply for this subject amendment, as
these changes constituted a major operational change to Use Permit No. 3578.
DISCUSSION
Site /Project Overview
The subject property is located on the east side of Lafayette Avenue, immediately south
of 29"' Street, in the SP -6 (Cannery Village/ McFadden Square Specific Plan) District with
a designated land use for Recreational & Marine Commercial (RMC). The property is a
3,000 square foot rectangular lot and is developed with a two -story mixed -use building
h
Le Quai Restaurant (PA2005-041)
August 18, 2005
Page 4 of 8
which is currently occupied by the subject full - service restaurant on the first floor and a
708 square foot, two- bedroom residential unit on the second floor.
The application requests a 293 square foot expansion of the existing full- service, low -
turnover fine dining restaurant. The proposed expansion involves the conversion of the
adjacent retail suite into a lobby, hallway, and restroom for the subject restaurant. The
lobby and hallway expansion consist of 253 square feet of net public area, but due to the
130 square foot reduction in net public area resulting from the elimination of customer
seating and access through the kitchen, the total increase in net public area is only 123
square feet. Additionally, it appears that the outdoor dining area has been reduced and
now only comprises of 615 square feet. Therefore, the restouranfs total area is
approximately 1,528 square feet and results in a total net public area of 1,058 square
feet. Additionally, no new seating is being proposed, but rather with the elimination of
seating within the kitchen area, seating capacity has been reduced slightly. Based on
preliminary calculations by the Building Department, the maximum occupancy for the
outdoor dining area (the only dining area) has been conditioned to 41 persons.
General Plan /Local Coastal Plan
The Land Use Element of the General Plan and the Local Coastal Plan designate the
project site as Recreational & Marine Commercial. Restaurant uses are permitted
within this designation.
Zoning Code (Title 20)
The subject property is located within the SP -6 (Cannery Village/ McFadden Square
Specific Plan) District and has a land use designation of Recreational & Marine
Commercial (RMC). Full- service restaurant uses are permitted within this district upon
approval of a use permit.
Off-Street Parking
As previously mentioned, the original takeout restaurant approved in 1971 under Use
Permit No. 1536 was approved in a time when no off - street parking requirements existed
in the M -1 zoning district (previous zoning designation). However, the project was
conditioned to provide one off - street parking space for employees and one delivery
space, in locations to be approved by the Planning Director. In reviewing the files, it
appears that only one space was provided and located on a nearby lot at 510 29"' Street
for the initial 3 years of the restaurant. No records could be found illustrating any spaces
were provided thereafter.
Use Permit No. 3578 was later approved by the Planning Commission on March 21,
1996, at which time all required parking was waived. The parking waiver accounted for
6
Le Quai Restaurant (PA2005 -041)
August 18, 2005
Page 5 of 8
the expansion of the outdoor dining area, and additionally eliminated the previous
requirement for the one off -site employee parking space and one delivery space.
The increase in net public area of 123 square feet requested by this amendment would
require the project to provide an additional 3 parking spaces. The requirement for the 3
additional parking spaces was based on the parking standards for a "full- service, low-
turnover" restaurant use, which has been established to require 1 space per every 50
square feet of net public area (123 sq. ft. NPA / 50 sq. ft. = 2.46 or 3 spaces). Therefore,
the applicant has requested a waiver of the 3 additional required parking spaces.
A use permit may be approved by the Planning Commission to modify or waive the
number of off - street parking spaces if one or more of the following conditions are met:
A municipal parking facility is so located as to be useful in connection with
the proposed use or uses on the site or sites.
The site is subject to two or more uses and the maximum parking
requirements for such uses do not occur simultaneously.
3. A parking management plan for the site has been approved by the
Planning Commission pursuant to Section 20.66.100 (B).
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.
A municipal parking facility is located on the southwest corner of the intersection of 3&
Street and Villa Way. The 44 space parking lot is conveniently located to be useful with
the proposed use, and is only a walking distance of 360 feet away from the restaurant
site. Based on the normal average walking speed of 4 feet per second as suggested by
the Manual on Uniform Trafftc Control Devices, the parking lot is located a comfortable
walking distance of approximately 1 minute and 30 seconds away. Therefore, staff
believes that Condition No. 1 can be satisfied and the request for a waiver of the 3
additional off - street parking spaces can be supported.
Additionally, metered on- street parking is available on the two sides of street directly in
front of the restaurant, as well as on all the connecting and feeder streets. And since the
properties located in the area along Lafayette Avenue are primarily commercial or
industrial office building uses, the parking demand for these uses occurs earlier in the
I
Le Quai Restaurant (PA2005 -041)
August 18, 2005
Page 6 of 8
day, as opposed to the subject restaurant whose highest demand on parking peaks
during evening business hours.
Furthermore, the subject restaurant has transformed into a fine dining establishment, as
opposed to the previous restaurant use which focused on the sale of sandwiches, soups,
and salads. Given Le Quai's operational characteristics, which provides full gourmet
French cuisine with a focus on the enjoyment of fine wines, a longer dining experience
and low patron turnover is expected. For this reason, staff determined that the parking
requirement of 1 space per 50 square feet of net public area is an appropriate calculation
for the required spaces. The restaurant's operation does not include live entertainment or
dancing, and in conjunction with the availability of the off -site municipal parking lot, a
higher parking requirement seems unnecessary. Therefore, based on the analysis
above, and in conjunction with the close proximity of the municipal parking facility, staff
believes the expansion of the restaurant's lobby and entrance does not represent a
significant increase in parking demand. Additionally, with the elimination of a retail suite,
parking demand for the site will be reduced. Due to these facts, staff believes the parking
waiver can be supported.
Alcoholic Beverage Ordinance (ABO)
The service of beer and wine was previously approved under Use Permit No. 3578 on
March 21, 1996 in conjunction with the service of food as the principal use of the facility.
The operators currently hold a Type 41 ABC License (On -sale beer and wine), and the
applicant has not requested any change to the type of license. Therefore, review of the
project pursuant to the ABO is not required. Creating a lobby /customer waiting area does
not constitute a major operational change that would necessitate review of the use per
the ABO.
Use Permit Findings
In addition to the required ABO findings, the Zoning Code requires the Planning
Commission to make certain findings for use permits. These findings are listed and
discussed below.
1. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan and
the purpose of the district in which the site is located; will not be detrimental to the
public health, safety, peace, morals, comfort, or welfare of persons residing or working
in or adjacent to the neighborhood of such use; and will not be detrimental to the
properties or improvements in the vicinity or to the general welfare of the city.
a
Le Quai Restaurant (PA2005 -041)
August 18, 2005
Page 7 of 8
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
As previously mentioned, restaurants are allowed within the Recreation and Marine
Commercial General Plan Land Use designation. Restaurants are also a permitted use,
subject to the approval of a use permit, within the SP -6 zoning designation. The subject
restaurant has been operating in this location since 2002 with the original restaurant use
established on a portion of this site since 1971. Restaurant uses complement the
surrounding commercial and office area by providing convenient services to employees
and visitors in the area. The restaurant has not proven to conflict with surrounding uses
or proven inconsistent with the SP -6 district or regulations. It is unlikely that the small
expansion of the use will prove detrimental with the surrounding area, since the
operational characteristics and function of the expanded restaurant at this location will not
change substantially from that of the existing operation. And although a parking waiver is
required, given the close proximity of the municipal parking facility, staff believes the
expansion of the restaurant's lobby and entrance does not represent. a significant
increase in parking demand, especially in light of the elimination of the small retail suite.
The project has been reviewed and conditioned to ensure that conflicts with surrounding
land uses are minimized or eliminated to the greatest extent possible. Therefore, staff
believes the findings to approve the expansion of the restaurant use can be made and
recommended conditions of approval have been included in the draft resolution.
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). There will be no significant environmental impact as the proposed project is
located in a fully developed area.
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
Given the limited nature of the proposed expansion of the lobby, customer entrance,
and restroom, in conjunction with the availability and proximity of the municipal parking
facility, staff believes the findings for approval of the amendment to this use permit and
the waiver of the 3 associated parking spaces can be made. Additionally, the
10
Le Quai Restaurant (PA2005 -041)
August 18, 2005
Page 8 of 8
conditions of approval have been updated and all other applicable conditions of the
prior approval will be incorporated into the draft resolution for this proposed amendment
Alternative
If.the Planning Commission believes the application as conditioned will prove to be
detrimental to the community, the Commission has the option to deny the application
or apply additional conditions to address specific concerns.
Prepared by:
Jaime Murillo, Associate Planner
Exhibits
Submitted by:
Patricia L. Temple, P121nning Director
A. Draft Resolution No. 2005- -; findings and conditions of approval for the
restaurant expansion and pang waiver.
B. March 21, 1996 Staff Report & Minutes
C. Project Plans
0
EXHIBIT A
Draft Resolution No. 2005-
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING AN AMENDMENT
TO USE PERMIT NO. 3578 FOR PROPERTY LOCATED AT
2816 LAFAYETTE AVENUE (PA2005 -041)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Dennis and Christine Overstreet, owners of Le
Quai Restaurant, with respect to property located at 2816 Lafayette Way, legally described as
Lot 9, Block 425 of the Lancasters Addition, requesting approval of an amendment to Use
Permit No. 3578 to permit the 293 square foot expansion of an existing eating and drinking
establishment and a waiver of the required 3 off - street parking spaces associated with the
expansion.
WHEREAS, a public hearing was held on August 18, 2005 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to
and considered by the Planning Commission at this meeting.
WHEREAS, the Planning Commission finds as follows:
The City's General Plan and Local Coastal Plan designate the site as Recreational &
Marine Commercial. The SP -6 (Cannery Village/ McFadden Square Speck Plan Area)
District designates the site as Recreational & Marine Commercial, which allows the site
to be used for commercial uses. Eating and Drinking Establishments are permitted
uses within these designations.
2. The expanded use 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 for the following reasons:
a. Surrounding land uses are dominated by commercial and industrial office uses.
Restaurant uses are expected to be found in this and similar locations and are
complimentary to the surrounding commercial uses.
b. A restaurant has been operating at this location in a similar capacity since 1971,
and the existing establishment has operated under the original approval of Use
Permit No. 3578 and has not proved detrimental to the area.
C. The modest increase in net public area, in conjunction with the elimination of
customer dining area in the kitchen, will not significantly increase the parking
demand.
I a-
Planning Commission Resolution No. _
Page 2 of 6
d. The project design and operational characteristics, as conditioned, meets the
intent of the Zoning Code by facilitating the small expansion of the lobby and
customer entrance to the existing restaurant, while limiting its potential impacts
on the community.
3. Pursuant to Section 20.66.100 of the Municipal Code, the required findings for granting
a waiver of the 3 required off - street parking spaces associated with the expansion can
be made as a municipal parking facility is conveniently located within a comfortable
walking distance of 360 feet to the restaurant site, which proves to be in a location
useful in connection with the proposed use.
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). This
exemption allows for the operation, repair, maintenance and minor alteration of existing
buildings. The project consists of interior modifications of an existing commercial building.
NOW, THEREFORE, BE IT RESOLVED
Section 1. Based on the aforementioned findings, the Planning Commission hereby
approves an amendment to Use Permit No. 3578, subject to the Conditions set forth in Exhibit
"A"
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk 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.
(3
Planning Commission Resolution No.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF AUGUST 2006.
BY:
Michael Toerge, Chairman
r.w
Barry Eaton, Secretary
AYES:
ABSENT:
3of6
14
Planning Commission Resolution No. _
Page 4 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
Amendment to Use Permit No. 3578
This amendment to Use Permit No. 3578 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.
2. This resolution shall supercede all rights of the previous conditions of approval of Use
Permit No. 3578 dated March 21, 1996, which shall be considered null and void.
3. 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.
4. Restroom and plumbing fixtures shall be provided in accordance with Building
Department and Uniform Plumbing Code requirements.
5. Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
6. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
7. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
8. 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 the current
owner or leasing company.
9. 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.
10. The project shall be in substantial conformance with the approved site plan and floor plan
dated July 03, 2005.
11. There shall be no live entertainment and /or dancing at any time.
12. This approval does not permit the premises to operate as bar, tavern, cocktail lounge or
nightclub as defined by the Municipal Code, unless the Planning Commission first
approves a Use Permit.
15
Planning Commission Resolution No. _
Paoe 5 of 6
13. This Use Permit shall be terminated if the operation is no longer maintained as a bona
fide public eating place" as defined by the California Department of Alcoholic Beverage
Control.
14. Full meal service shall be provided during all hours of operation.
15. 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.
16. The applicant and or operator shall not share 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.
17. The operator of the facility shall be responsible for the control of noise generated by the
subject facility. Pre - recorded music and use of audio equipment shall be restricted to the
project site, provided further that the exterior noise levels outlined below are not
exceeded. Use of paging sound equipment is prohibited on the exterior of the building.
The noise generated by the proposed use shall comply with the provisions of Chapter
10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no
more than depicted below for the specked time periods unless the ambient noise level is
higher:
18. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No
temporary "sandwich" signs or similar temporary signs shall 'be permitted, either on -site
or off -site, to advertise the restaurant.
19. Temporary signs shall be prohibited in the public right -of -way, unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
16
Between the hours
Between the hours
of 7:OOAM and
of 10:OOPM and
10:OOPM
I 7:00AM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located
within
100 feet of a commercial
45dBA
60dBA
45dBA
5OdBA
property
Mixed Use Property
45dBA
6OdBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
18. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No
temporary "sandwich" signs or similar temporary signs shall 'be permitted, either on -site
or off -site, to advertise the restaurant.
19. Temporary signs shall be prohibited in the public right -of -way, unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
16
Planning Commission Resolution No. _
Page 6 of 6
20. The exterior of the eating and drinking establishment shall be maintained free of litter
and graffiti at all times. The owner or operator shall provide for daily removal of trash,
litter, debris and graffiti from the premises and on all abutting sidewalks within 20 feet
of the premises.
21. Storage outside of the building shall be prohibited.
22. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise
approved by the Building Department.
23. A washout area for refuse containers shall be provided in such a way as to allow direct
drainage into the sewer system and not into the Bay or storm drains, unless otherwise
approved by the Building Department and Public Works Department. (1996 Condition)
24. Grease interceptors shall be provided on all fixtures in the restaurant facility where
grease may be introduced into the drainage systems in accordance with the provisions of
the Uniform Plumbing Code, unless otherwise approved by the Building Department.
25. Strict adherence to maximum occupancy limits is required.
26. The net public area of the approved expansion shall not exceed a total increase of 123
square feet maximum, and the total net public area of the overall restaurant shall not
exceed 1,060 square feet maximum.
27. The 3 additional required parking spaces associated with the expansion of the restaurant
shall be waiver.
28. That the development standards pertaining to the required front yard setback, perimeter
walls and landscaping, on -site parking and illumination thereof, and the undergrounding
of utilities shall be waived. (1996 Condition)
29. The hours of operation shall be limited between 6:00 AM and 11:00 PM, daily. (1996
Condition)
30. All trash areas shall be screened from adjoining properties and streets. (1996 Condition)
31. That no off -sale beer or wine shall be permitted in conjunction with the subject restaurant.
(1996 Condition)
11
EXHIBIT B
March 21, 1996 Staff Report & Minutes
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�a�wPoR' CP[Y OF NES TORT BEACH
PLANNING \BUILDING DEPARTMENT
VI 33o NEWPORT BOULEVARD
NEWPORT BEACH, CA
�'tieoww• 9265ti
(714) 644 -3t—, FAX (714) 644-32�
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE PLANNING COMMISMI�j
SUBJECT: The Raft Cafe (Robert Redmond)
2816 Lafayette Avenue
March 21, 1996
2
Darla Aslairn
(714) 644 -3212
SUAU IARY: To approve changes in the operational characteristics of an existing restaurant
so as to allow the service of beer and wine and to permit occasional five
entertainment.
REQUIRED
APPROVALS: If desired, approve, modify or deny:
• Use Persist No. 3578 (Public Hearing), procedures are set forth in
Chapter 20 of the Municipal Code.
1. Appmnriateness of the Proposed Use/NeigMorhood Comb iat bility: Will the service of beer
and wine have an adverse affect on the surrounding neighborhood.
This issue is discussed in the Analysis Section of this report.
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Use Permit No. 3578 i
ANALYSIS SUMMARY
Subiect EVggajy and SUMMMdine Land Uses
The subject property is developed with a two story mixed -use building which is currently occupied by the subject
take -out restaurant and a retail use on the first floor and a residential use and the second floor. To the northeast is
a boat yard; to the southeast is the Rhine Channel; to the southwest is a personal service establishment; and to the
northwest, across Lafayette Avenue, are commercial uses.
Uw Permit Na 3578
Much 21,19%
Page 2
The operational characteristics as currently exist and as proposed are listed in the following table:
Project Operational Characteristics Table
The existing restaurant facility contains a gross square footage of approximately 1,322 sq.ft..
Approximately 130 sq.ft. of the existing floor area is utilized for indoor dining and customer service,
with the remainder devoted to kitchen and storage. The balance of the restaurant consists of an
outdoor dining patio, which contains approximately 942 sq.ft.. The dining is very casual and the menu
is made up of mainly sandwiches, fruit, salads and soft drinks. The applicant is requesting to permit the
service of beer and wine in conjunction with the existing menu. Staff has no objection to this request,
as it is ancillary in nature and intended only to compliment the service of fight entrees, soups, salads and
sandwiches; and staff is of the opinion that the ancillary service of beer and wine is compatible with the
surrounding neighborhood.
Live Entertainment
The subject restaurant facility has occasionally held private wedding receptions on -site, in conjunction
with the approval of a Special Events Permit and/or a Live Entertainment Permit issued by the
Revenue Division of the City. The applicant is seeking to continue this type of service on an occasional
basis. Although this application was noticed to include occasional live entertainment; the Planning
Commission has since indicated to staff that it would like to exclude the review of live entertainment
proposals from future use permit applications. The Commission has indicated, rather, that it would like
to entertain an ordinance which would allow staff to review requests for live entertainment in
conjunction with specific tenants, so that the approval of live entertainment would no longer run with
the land, as is the case with the approval of use permits. Therefore, staff has directed the subject
applicant to remove the live entertainment portion of his request from this application, with the
understanding that a staff review of occasional five entertainment (i.e.: temporary use not to exceed 90
days, as reviewed by the Planning Director) will continue on a case -by -case basis until such a time that
a new ordinance might be adopted with respect to live entertainment.
Uw Pamh Na 3379
March 21,19%
Page 3 1
r •.s
SRI-
Hours:
Hours:
no change
6:00 am. to 11:00 p.m.,
daily
Gross Floor Area (Total):
interior ( sq.ft.)
no change
380 sq.ft.
exterior (sq.ft.)
no change
942 sq.ft.
no change
1,322 sqA
TOTAL ( sq.ft.)
Required Parking:
1,322 sgA150 = 27 spaces
1 space/50 sq.ft. plus
plus 3 employees =
1 spacelemployee
no change
30 spaces
Parking Provided:
on -site
no change
zero
TOTAL
no change
zero
The existing restaurant facility contains a gross square footage of approximately 1,322 sq.ft..
Approximately 130 sq.ft. of the existing floor area is utilized for indoor dining and customer service,
with the remainder devoted to kitchen and storage. The balance of the restaurant consists of an
outdoor dining patio, which contains approximately 942 sq.ft.. The dining is very casual and the menu
is made up of mainly sandwiches, fruit, salads and soft drinks. The applicant is requesting to permit the
service of beer and wine in conjunction with the existing menu. Staff has no objection to this request,
as it is ancillary in nature and intended only to compliment the service of fight entrees, soups, salads and
sandwiches; and staff is of the opinion that the ancillary service of beer and wine is compatible with the
surrounding neighborhood.
Live Entertainment
The subject restaurant facility has occasionally held private wedding receptions on -site, in conjunction
with the approval of a Special Events Permit and/or a Live Entertainment Permit issued by the
Revenue Division of the City. The applicant is seeking to continue this type of service on an occasional
basis. Although this application was noticed to include occasional live entertainment; the Planning
Commission has since indicated to staff that it would like to exclude the review of live entertainment
proposals from future use permit applications. The Commission has indicated, rather, that it would like
to entertain an ordinance which would allow staff to review requests for live entertainment in
conjunction with specific tenants, so that the approval of live entertainment would no longer run with
the land, as is the case with the approval of use permits. Therefore, staff has directed the subject
applicant to remove the live entertainment portion of his request from this application, with the
understanding that a staff review of occasional five entertainment (i.e.: temporary use not to exceed 90
days, as reviewed by the Planning Director) will continue on a case -by -case basis until such a time that
a new ordinance might be adopted with respect to live entertainment.
Uw Pamh Na 3379
March 21,19%
Page 3 1
Chapter 20.72 of the Municipal Code contains development standards for restaurants to ensure that
any proposed development will be compatible with adjoining properties and streets. Said development
standards include specific requirements for building setbacks, parking and traffic circulation, walls
surrounding the restaurant site, landscaping, exterior illumination, signage, underground utilities, and
storage. Section 20.72.130 of the Municipal Code states that any of the above mentioned development
standards for restaurants may be modified or waived if such modification or waiver will achieve
substantially the same results and will in no way be more detrimental to adjacent properties or
improvements than will the strict compliance with the standards.
Development Standards
Setbacks
Waiver of front setback
5 foot front yard setback and
requirement; project has
10 foot rear yard setback
existing front yard setback of
zero
Parking and traffic control
Waiver of all of the required
Parking, curb cuts and
parking, in accordance with
Circulation
Use Permit No. 1536
Walls (surratauling the restaurant
Waiver of the requirement of
6 foot high surrounding the
site)
the 6 ft. high wall in lieu of
entire property
existing 4 to 8 foot high
fencing
L.wuiwaping
Waiver of landscaping
10% of entire site, etc.
requirements; project
contains various planting
areas which differ from the
code required location and
widths
Lighting
Waiver of parking lot
Parking lot illumination only,
ilumination standards
heiJit intensity
Srgnfng .
Signs comply with 20.06 of
Compliance with 20.06 of
the Municipal Code the Sign
the Municipal Code (the
Code.
Sian Code
Undergrowid utilities
Waiver of undergrounded
all utilities to required to be
utilities
undergrounded
Storage
Supplies are stored inside the
Supplies and Refuse storage
structure and the refuse
Hidden from view
containers are enclosed and
hidden from view
LYN Pamit Na 3578
March 21,19%
Page4 �a-
Staff is of the opinion that the on-site development standards as they apply to the required front yard
setback, perimeter walls and landscaping, on-site parking and related illumination, and the
undergrounding of utilities should be waived if the Plarming Commission approves this application, due
to the existing physical characteristics of the site.
Specific Findings and Recommendations
Section 20.80.060 of the Newport Beach Municipal Code provides that in order to giant any use
permit, the Planning Commission shall find that the establishment, maintenance or operation of the use
or building applied for will not, under the circumstances of the particular case, be detrimental to the
health, safety , peace, morals, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Should the Planning Commission wish to approve Use Permit No. 3578, the findings and conditions of
approval set forth in the attached Exhibit -A' are suggested. Staff cannot reasonably conceive of
findings for denial inasmuch the proposed service of beer and wine, in conjunction with the existing
restaurant use, in this particular case, conforms to the requirements of the Title 20 of the Municipal
Code and does not appear to have any detrimental effect on the surrounding neighborhood. However,
should information be presented at the public hearing which would warrant the denial of this
application, the Planning Commission may wish to take such action.
PLANNING DEPARTMENT
By `,
Dana O. Aslami
Associate Planner
Attachments: Exhibit "A"
Appendix
Letter of Opposition
Plot Plariffl sting Floor Plan
... 1pubno~32 Uup3578.doc
Use Pamir W 3578
March 21, 19%
Page A
EXHIBrr "A„
FINDINGS AND CONDMONS OF APPROVAL FOR
Use Permit No. 3578
E s:
1. , That the proposed ancillary service of beer and wine is consistent with the General Plan and the
Local Coastal Program Land Use Plan and is compatible with surrounding land uses
2. That the proposal will not have any significant environmental impact.
3. That the waiver of development standards as they pertain to the required front yard setback, walls
and landscaping surrounding the restaurant site, on -site parking and the illumination thereof; and
the undergrounding of utilities will not be detrimental to surrounding properties.
4. That the approval of Use Permit No. 3578 does not include the approval of live entertainment, and
that the applicant has indicated that temporary staff approvals will be sought for occasional live
entertainment in conjunction with special events, until such a time that an ordinance may be
otherwise be adopted by the City with respect to live entertainment.
5. The approval of Use Permit No. 3578 will not, under the circumstances of the case be detrimental
to the health, safety, peace, morals, comfort and general welfare of persons residing or working in
the neighborhood or be detrimental or injurious to property or improvements in the neighborhood
or the general welfare of the City and further that the proposed modification related to the
proposed signing is consistent with the legislative intent of Title 20 of this Code.
Conditions:
1. That development shall be in substantial conformance with the approved site plan and floor plan,
except as noted below.
2. That the development standard pertaining to the required front yard setback, perimeter walls and
landscaping, on site parking and the illumination thereof; and the undergrotmding of utilities shall
be waived.
3. That all signs shall conform to the provisions of Chapter 20.06 of the Municipal Code.
4. That a washout area for refuse container be provided in such a way as to allow direct drainage into
the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building
Department and the Public Works Department.
That grease interceptors shall be installed on all fixtures in the restaurant where grease may be
introduced into the drainage systems, unless otherwise approved by the Building Department and
the Public Works Department.
Use Pemrit No. 3578
March 21, 1996
Page 6 ;,j
6. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the
Building Department.
7. That the hours of operation shall be limited between 6:00 a.m. and 11:00 p.m, daily.
8. That all trash areas shall be screened from adjoining properties and streets.
9. That no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed
operation.
10. That no off- -sale beer or wine shall be permitted in conjunction with the subject restaurant.
11. That live entertainment shall be permitted only in accordance with a temporary five entertainment
permit issued by the Planning Director and in conjunction with a Special Events Permit and/or a
Live Entertainment Permit issued by the Revenue Manager in accordance with Title 5 of the
Newport Beach Municipal Code.
12. That 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. .
13. That this Use Permit shall expire unless exercised within 24 months from the date of approval as
specified in Section 20.80.090A of the Newport Beach Municipal Code.
Um Pmmit W 3578
Mamh 21,1996
Page 7 r� 5
LOCATION: Lot 9, Block 425, Lancaster's Addition; looted at 2816 Lafayette Avenue, on
the southeasterly side of Lafayette Avenue between 28th Street and 29th
Street:
ZONE: SP-6
APPLICANT: The Raft Cafe (Robert Redmond), Newport Beach
OWNER: Natalie Corgiat, Downey
• Environmental Compliance (California Environmental Quality Act)
Determined that it is categorically exempt under Class 1(Existing Facilities).
• Conformance with the General Plan
The Land Use Element of the General Plan designates the site for "Recreation and Marine
CommercW" uses. A restaurant is a permitted use within this designation. The Land Use
Element allocates a maximum square footage based on 0.3 FAR for restaurant uses; however,
no change in the existing square footage is proposed in conjunction with this application.
At its meeting of June 17, 1971, the Planning Commission approved Use Permit No. 1536, a request to
permit the establishment of a take -out restaurant on property located in the M-1 District. The
restaurant served sandwiches, salads, soup, fruit and soft drinks, which is very similar to the menu
served today. The restaurant served mainly patrons who worked in the area and was approved with no
on -site parking.
Off - Street Parkin¢
The Municipal Code requires one parking space for each 50 sq.ft. of gross floor area for a "take -out"
restaurant, plus one parking space for each employee on duty during a peak hour of operation. Based
on the existing 1,322 sq. ft. of gross floor area, plus 3 peak hour employees, 30 parking spaces would
be required if the restaurant were established today (1,322 sq.ft. divided by 50 sq.ft. = 27 spaces, plus 3
employees spaces = 30 spaces). The original restaurant facility was established prior to the
requirement for off-street parking in the M -1 District, .therefore no off - street parking is currently
provided. The subject restaurant was approved by the Planning Commission in 1971 as a facility which
was to served mainly walk -in patrons who worked in the immediate arts Today's restaurant
continues to serve mainly patrons who live or work nearby; therefore, walk -in traffic still contributes to
the majority of the subject business. Staff is of the opinion that the existing operation does not
constitute a parking problem in the surrounding neighborhood.
Uw Pamir No. 3578
Manh 21,1996
Pages a(p
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power plant and cafeteria entrances, primarily for their use and not for the
public use.
Public Hearing was closed.
Motion
Motion was made for approval of the private street naming with the
condition that the applicant pay for the printing street signage and
installation required by the City and work with the City Traffic Engineer
Ayes
*
*
**
in that regard. MOTION CARRIED - 6 Ayes,1 Absent.
Absent
Condition:
1. That the applicant shall assume all costs incurred for the
construction and installation of street signage as required by the
Public Works Department.
SUBJECT: The Raft Cafe
Item 2
2816 Lafayette Avenue
Use Permit No. 3578
UP 3578
To approve changes in the operational characteristics of an existing
Approves
restaurant so as to allow the service of beer and wine and to permit
occasional live entertainment.
Staff commented that this is a request to add the service of beer and wine
to an existing restaurant within the Cannery Village area of Newport
Beach. In association with this request, the applicant also requested a
permit for occasional live entertainment which heretofore has been
authorized through the Special Events Permit process. In writing this
report, staff structured the recommended action in a way which was
similar to the direction that the Planning Commission gave staff at the
last meeting in regards to live entertainment in areas where it was in an
open air setting. Staff has suggested that rather than authorize the
4
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ongoing live entertainment through this Use Permit, to simply allow the
Planning Director to- approve temporary permits on an as needed basis
and allow those entertainments to occur through the Special Events
Permit process until the comprehensive Zoning Code update is
completed. It is anticipated that an alternate path for live entertainment
will be available as an outcome of that process.
Public Hearing was opened.
Mr. Buzz Person, 507 29th Street spoke as the representative of Mr.
Robert Redmond and the Raft Cafe. Mr. Person stated that the applicant
understands and agrees to the terms and conditions of the Use Permit No.
3578. With reference to the live entertainment, prior to this application,
the Raft Cafe had perhaps five (5) or six (6) weddings in a year where
they had a disc jockey bring in recorded music.
Chairperson Ridgeway stated that there is a comprehensive review of the
Zoning Code in process, therefore future avenues may exist for these
approvals.
Mr. Person stated he understands that. He went on to explain that there is
part of the building that they have an option on and pending the review of
the Zoning Code, they will be coming back to expand the restaurant.
Public Hearing was closed.
Motion
*
Motion was made to approve changes in the operational characteristics of
the Raft Cafe to allow the service of beer and wine. It was clarified that
the subject of occasional live entertainment was addressed in Condition
Ayes
*
*
*
*
*
11. MOTION CARRIED - 6 Ayes, 1 Absent.
Absent
Findings:
I. That the proposed ancillary service of beer and wine is consistent
with the General Plan and the Local Coastal Program Land Use Plan
and is compatible with surrounding land uses.
5
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2. That the proposal will not have any significant environmental impact.
3. That the waiver of development standards as they pertain to the
required front yard setback, walls and landscaping surrounding the
restaurant site, on -site parking and the illumination thereof, and the
undergrounding of utilities will not be detrimental to surrounding
properties.
4. That the approval of Use Permit No. 3578 does not include the
approval of live entertainment, and that the applicant has indicated
that temporary staff approvals will be sought for occasional live
entertainment in conjunction with special events, until such a time
that an ordinance may be otherwise be adopted by the City with
respect to live entertainment.
5. The approval of Use Permit No. 3578 will not, under the
circumstances of the case be detrimental to the health, safety, peace,
morals, comfort and general welfare of persons residing or working
in the neighborhood or be detrimental or injurious to property or
improvements in the neighborhood or the general welfare of the City
and further that the proposed modification related to the proposed
signing is consistent with the legislative intent of Title 20 of this
Code.
Conditions:
1. That development shall be in substantial conformance with the
approved site plan and floor plan, except as noted below.
2. That the development standard pertaining to the required front yard
setback, perimeter walls and landscaping, on -site parking and the
illumination thereof, and the undergrounding of utilities shall be
waived.
6
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3. That all signs shall conform to the provisions of Chapter 20.06 of the
Municipal Code.
4. That a washout area for refuse container be provided in such a way as
to allow direct drainage into the sewer system and not into the Bay or
storm drains, unless otherwise approved by the Building Department
and the Public Works Department.
5. That grease interceptors shall be installed on all fixtures in the
restaurant where grease may be introduced into the drainage systems,
unless otherwise approved by the Building Department and the
Public Works Department.
6. That kitchen exhaust fans shall be designed to control smoke and
odor to the satisfaction of the Building Department.
7. That the hours of operation shall be limited between 6:00 a.m. and
11:00 p.m., daily.
8. That all trash areas shall be screened from adjoining properties and
streets.
9. That no outdoor loudspeaker or paging system shall be permitted in
conjunction with the proposed operation.
10. That no off -sale beer or wine shall be permitted in conjunction with
the subject restaurant.
11. That live entertainment shall be permitted only in accordance with a
temporary live entertainment permit issued by the Planning Director
and in conjunction with a Special Events Permit and/or a Live
Entertainment Permit issued by the Revenue Manager in accordance
with Title 5 of the Newport Beach Municipal Code.
12. That the Planning Commission may add to or modify conditions of
approval to this Use Permit or recommend to the City Council the
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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.
13. That this Use Permit shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
*s*
UBJECT: Harbor Day School
item 3
3443 Pacific View Drive
Use Permit No. 1546 (Amended)
UP 1546
Staff reported t t this is a requested amendment to the Use Permit which
Approve
would allow an e ansion of their facilities on site. The primary issue
associated with this pplication is the onsite parking supply which
currently does not ad uately provide onsite parking for all of the
employees and teachers. ose employees currently park in the street on
Pacific View Drive. From s standpoint, expansion of uses is not
usually allowed when there is o ite parking deficiency, however, in this
particular situation there is public treet, legal parking which has served
this use for quite some time. There ave been no complaints regarding
this parking, however, this is the key sue which is present within the
application before the Commission tonigh
Chairperson Ridgeway stated, from the vie int of a shopping center
developer, that he has never been given credit for street parking, ever.
He has been told he must "self contain '. He is fami ' with this site as a
result of the Pacific View expansion process. In drivin by the school to
enter Pacific View, on a number of occasions, he determ ed that there
was a bit of a conflict. When funerals were being held, ther were cars
parked on the street right outside Pacific View. He went on to s he is
bothered by the report but is willing to listen to all sides, but, in loo
8
EXHIBIT C
Project Plans
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