HomeMy WebLinkAboutZinc Cafe & Market (PA2003-225)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
March 18, 2004
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
rung(&_city. newoort- beach.ca. us
(949) 644 -3208
SUBJECT: Zinc Cafe 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:
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).
BACKGROUND:
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.
Zinc Cafe and Market (PA2003 -225)
March 18, 2004
Page 2
0 Fee C� � : IN -0
Amendment to Use Permit No. 2001
3222 East Coast Ftignway
Current
Development:
Zinc Cafe and Market
To the north:
Service commercial & residential uses abu ng the ro'ect site
To the east:
Service commercial use abutting the pLoject 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
Zinc Cafe and 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.
Project 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 Cafe and 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 20.89.030.8 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, crimes or arrests in the
reporting district and in adjacent reporting districts.
5. The proximity of the alcoholic beverage outlet to residential districts, day
care centers, park and recreation facilities, places of religious assembly,
and schools.
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 and 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
Ci Avera e:
3448.23
RD No. 39:
35829.49
1 California:
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
Zinc Cafd and 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. Adjacent 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.
Zinc Caf6 and 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 breakfasUlunch 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
Zinc Cafe and 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
Zinc Cafe and 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
Zinc Cafd and 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.
RECOMMENDATION:
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 "41"
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:
R salinh Ung, 1ssoci to Planner
Exhibits
Submitted by:
Patricia L. Temple, annPl ing 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
EXHIBIT 1
RESOLUTION FOR APPROVAL
1�
RESOLUTION NO.
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 Cafe and Market), to extend the hours of operation to
10:00 p.m., seven days a week and to allow the existing retail/restaurant 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:
1. The existing location of the establishment needing this Use Permit to extend the
restaurant's hours of operation to 10:00 p.m. and 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 it. 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 proposed extension of the restaurant's hours to 10:00 p.m., for each
night and as conditioned, 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 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.
Wi
City of Newport Beach
Planning Commission Resolution No.
Paae 2 of 8
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.
e. The outside patio will be closed 9:00 p.m., each night; an hour earlier than the
inside dining area of the restaurant.
d. No dancing or live entertainment will be provided on the premises.
3. The request for a Type °41" 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.
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).
0
City of Newport Beach
Planning Commission Resolution No.
Page 3 of 8
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 "A ".
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 Title 20,
Planning and Zoning of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF MARCH, 2004.
BY:
Earl McDaniel, Chairman
M
Michael Toerge, Secretary
AYES:
NOES:
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City of Newport Beach
Planning Commission Resolution No.
Paqe 4 of 8
EXHIBIT" W1
CONDITIONS OF APPROVAL
AMENDMENT TO USE PERMIT NO. 2001-040
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.
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City of Newport Beach
Planning Commission Resolution No.
Page 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 pennits and the employees shall be
required to parking in the municipal parking lot.
15. Hours of operation are limited to the following schedule:
Restaurant:
Inside Dining Area: 7:00 a.m. to 10:00 p.m. (everyday)
Outside Patio Dining Area: 7:00 a.m. to 9:00 p.m. (everyday)
(Last seating on the patio area shall be 8:00 p.m.)
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.
)b
City of Newport Beach
Planning Commission Resolution No.
Page 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.
tit
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
5OdBA
Propertv
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Properly
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.
tit
City of Newport Beach
Planning Commission Resolution No.
Page 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.
N
City of Newport Beach
Planning Commission Resolution No.
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.
-}
Findings for Denial
Amendment to Use Permit No. 2001 -040
(PA2003 -225)
1. The approval of an Amendment to Use Permit No. 2001 -0040 will, under the
circumstances of the case, be detrimental to the health, safety, peace, morals, comfort
and general welfare of persons living and working in the neighborhood, will be
detrimental to the general welfare of the City and is not consistent with the legislative
intent of Title 20 of the Newport Beach Municipal Code for the following reasons:
a. The peak operational times for the establishment will be expanded to include
dinner hours in addition to the morning and lunch hours. The municipal parking lot
located in close proximity may face additional demand at night times. The
increase in parking demand will be detrimental to the comfort and general welfare
of the surrounding commercial and residential areas.
b. The effect of the dinner crowd is of a concern since the establishment is in close
proximity to the 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.
0
City of Newport Beach
Police Department
Memorandum
February 19, 2004
TO: Rosalinh Ung, Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Zinc Cafe (3222 East Coast Hwy, Newport Beach)
Per your request, our office has examined the project request for Zinc Cafe located at 3222
East Coast Hwy, Newport Beach, CA. The applicant is requesting to upgrade the existing
Use Permit to: 1) allow the sale of alcoholic beverages for a Type 41 (On -Sale Beer and
Wine Eating Place) 2) allow the restaurant and patio to stay open for dinner until 10:00 p.m.
daily. No change to the existing restaurant and patio structure.
For police services information refer to the attached report by Crime Analyst Paul Salenko.
Applicant History:
Per General Manager Alicia Karl this is the third location for Zinc Cafe the other locations are
Solana Beach and Laguna Beach.
Signs and Displays:
Advised that any signs and displays will conform to city requirements.
Hours of Operation:
Intended hours of operations 7:00 am to 10:00 pm daily.
Security:
None
Employee Training:
Require all owners, managers and employees serving and/or selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible methods and
skills for serving and selling alcohol beverages.
Additional Comments:
The Police Department believes the following conditions would be appropriate for the
Conditional Use Permit for the business:
1. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
Zinc Cafe
Page 2 of 2
2. Petitioner shall not share any profits, or pay any percentage or commission to a promoter
or any other person, based upon moneys collected as a door charge, cover charge, or
any other form of admission charge, including minimum drink orders or the sale of drinks.
3. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings for the broadcast at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event Permit
as issued by the City of Newport Beach.
4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all time maintain records, which 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.
5. There shall be no dancing allowed on the premises.
6. There shall be no live entertainment of any type on the premises at any time.
7. For the purposes of this application, staff may also want to consider establishing
conditions that would require a Special Event Permit. A Special Event Permit may be
required for any event or promotional activity outside the normal operational
characteristics of the proposed operation. For example, events likely to attract large
crowds, or events for which an admission fee is charged, those that include any form of
on -site media broadcast (live or taped for future broadcast), any event produced by third -
party or contract promoters, or any other activities as specified in the Newport Beach
Municipal Code to require such permits. It may also be appropriate to establish conditions
that would address possible future uses in the event this business evolves towards a
traditional bar -type establishment.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Unit
t%A
City of Newport Beach
Police Department
Memorandum
October 22, 2003
TO: R. Ung, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Zinc Cafe at 3222 East
Coast Hwy. This area encompasses our reporting district (RD) number 44 as well as part of
Census Tract 627.02. This report reflects City of Newport Beach data for calendar year 2002,
which is the most current data available.
Calls for Service Information
City wide there were 59,182 calls for police services during this time, of which 4,014 were in
RD 44. A "call for service' is, any contact of the police department by a citizen which results
in the dispatching of a unit or causes the contacted employee to take some sort of action,
such as criminal investigations, alarm responses, traffic accidents, parking problems, and
animal control calls, etc.
Crime Information
There were 7,057 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,609 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
4,448 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,448.23 /per 100,000 people. The national Part One crime rate was 4,160.5* per
100,000 people.
Crimes RD 44 Newport Beach
California*
National*
Part 1 138 2,609
1,346,557
11,849,006
Part 2 265 4,448
N/A
N/A
Part 1Crime Rate 2,470.46 i 3,448.23
3,902.9,/
4,160.5
The number of active ABC licenses in this RD is 24
**
Per capita ratio 1 license for every 193 residents.
This reporting district had a total of 403 reported crimes as compared to a City wide
reporting district average of 186 reported crimes. This reporting district is 217 crimes or
117% above the City wide reporting district average. This location is within an area where
the number of crimes is at least 75% higher than the average of all reporting districts in the
as
City as outlined in the City Council "K -7" policy. This location is within an RD that is over
the Orange County per capita average of ABC licenses * *.
Arrest Information
There were 40 DUI arrests and 44 Plain Drunk arrests in this area during this same period as
compared to 1,608 for the entire city. This RD amounts to 4.77% of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests
RD 44
Newport Beach
California*
National*
(DUI/Drunk)
84
1,608
N/A
N/A
All Arrests
208
4,005
1,415,129
9,322,324
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 39 and RD 43.
Crimes
RD 39
RD 43
Part 1
311:
45
Part 2
277
48
Crime Rate
35,829.49
4,221.39
Arrests (DUI/Drunk)
70
20
All Arrests
244
46
Calls For Service
4,059
1,020
Number of active ABC licenses
37 **
8 **
Per capita ratiol license for every
23 **
267** residents.
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 75,645.
*These numbers are from the 2001 Uniform Crime Reports, which is the most recent edition.
* *The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document. As of May 1, 2003 the Orange County average of
active, retail ABC. licenses was l license for every 592 residents. (4,805 licenses and a
population of 2,846,289)
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
9b
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EXHIBIT 4
LETTER & PROJECT DESCRIPTION
FROM APPLICANT
To:
The City of Newport Beach Planning Department
From:
Zinc Cafe & Market
John Secretan
949 -933 -4563
This letter is a request to amend my current use permit to allow extended
hours of operation for dinner service. In addition, I will be requesting the
sale of beer and wine.
Laguna Beach
Having been open for almost a year, I have come to learn the differences
350 Ocean Avenue
between Laguna Beach and Corona del May with business operations.
Laguna Beach
California 92651
Corona del Mar neighborhood is much more of a traditional urban
Cafe: 949 494 6302
949 494 2791
location; it has a lot of commute traffic and not as much leisurely or tourist
Market:
Fax: 949 497 8294
traffic as Laguna has. Therefore, the pattern of business is very different.
We have been developing a very strong morning and lunch crowd, but
Solana Beach
have found business to be very flat at other times of the day. I have spent
132 South Cedros
time in Corona del Mar and have learned that the dinner
Solana Beach
much more
restaurants are where the crowds are and am constantly requested by my
California 92075
Cafe: 858 793 5436
customers to be open in the evenings.
Fax: 858 793 8957
I t has never been my desire to serve dinner but I am realizing that it is an
economic reality. Aside from the costs of the real estate there is the
continuing increases of energy and workers compensation costs. Without
extended restaurant hours I'm afraid that we are putting ourselves at
financial risk and would have to look elsewhere for a location that would
allow for extended hours of operation. I feel that we have proven our
quality and style over the past year and that extended hours would only
allow us to run the business with better success. We are not a loud
disturbing business, we are a comfortable quiet community supporting
restaurant. I think it would be nothing but a winning situation for the city
and Zinc Cafe & Market.
S er ly
ohn Secretan
President of Zinc Cafe & Market
Zinc; An acquired
name for European
Cafes adopted because
of their traditional
zinc countertops.
IN
Dear City Officials and Residents of Corona del Mar
THE CAFE
My name is John Secretan, owner and operator of Zinc Cafe & Market in
Laguna Beach, Solana Beach and Corona del Mar. I have been operating
Zinc Cafe & Market for approximately 16 years. Over the course of this time
I have carefully expanded from my initial cafe and market in Laguna Beach
into two other neighborhoods that have a sense of community; Solana Beach
and Corona del Mar.
THE CURRENT STATUS
My initial desire for the business was to be a breakfast and lunch destination
and become a downtown hub for the community; Laguna Beach has
definitely become that, and Corona del Mar is quickly following the trends
set by Laguna Beach. Due to difficult economic times, dinner was recently
added to the Laguna Beach location, and the Laguna community has more
than welcomed this addition.
At the Corona del Mar location, the Cafe has been opened for about one year
and has followed it's approved hours and use of operation. During that year
the Cafe has been approved to serve breakfast, lunch and desserts until 6pm
and then take -out until l Opm. I believe that providing only take -out food
from 6 to lOpm will not satisfy the CdM eating patterns and will not
generate the required revenue necessary for the business to continue. Unlike
Laguna, which has self - employed residents, people with independent work
schedules, and a rather heavy tourist population, Corona del Mar is a faster
paced more urban environment where tourism is much less, and dinner out
seems to be the meal of choice.
A NEED FOR CHANGE
I wish to add full service dinner to the Corona del Mar cafe and in doing this
I would only need to change my use permit to include dinner service and the
sale of beer and wine; the hours of operation would stay the same. This
desire is prompted by two important factors: (1) a desire by the Corona del
Mar community for high quality full service dinner. (2) The need to improve
the efficiency and cash flow at this cafe. Cash flow considerations are
always of major concern in the operation of any business, and Cafe Zinc is
no exception. Current expenses in Corona del Mar, including building
overhead, monthly lease, employee salaries and standard restaurant expenses
must be off -set with income from the operation. By adding full dinner
3a
service to the current operation, not only is the income improved, but better
and more efficient use is made of the cafe and it's staff. The Corona del Mar
community has expressed a great desire to have Zinc Cafe open for dinner
rather than only take -out food after 6pm, and would welcome such an
addition to the community. As stated above, a good portion of Corona Del
Mar residents prefer going out to dinner rather than the concept of "pick -up"
and prepare at home.
BENEFITS TO THE CITY
I believe that one of the major benefits of Zinc Caf6 and Market being open
for dinner is adding a new venue to the existing restaurant choices. The
choices offered now to CdM residents are expensive, and or singles style
restaurants with alcohol being a major emphasis such as Bandera's, Oysters,
Gulf Stream, Carmello's, The Quiet Woman, Hemingway's and Five
Crowns; or, the opposite spectrum of fast food and family style restaurants
such as Ruby's, Gina's and Cocos. Zinc Caf6 is a sophisticated eatery with
the emphasize on quality food and atmosphere where you can come in and
relax with a cup of coffee or tea and dessert for $5.00 or a light meal for
$10.00. It is an environment that provides a place for families, couples and
singles that are looking for a more serene personal experience. I invite you
to join our Laguna location on a Thursday, Friday, or Saturday for dinner to
experience our dinning style.
Another benefit to the residents of Corona del Mar is that through careful
city planning and selection of resident serving businesses, the desirability of
the city increases and therefore property values increase.
IMPACT
Having researched the parking situation I have come to the conclusion that
finding additional legal parking for my property is probably not possible.
Through my formal education in landscape and environmental design at UC
Berkeley, I have observed that successful cities encourage amenities such as
cafes, wine bars and retail. What would Paris be without a caM on every
street corner, or Florence Italy without its tables spilling out onto the narrow
streets. A local city that has been tremendously successful is Old Town
Pasadena. The use of outdoor cafes, theaters and restoration of great
buildings have transformed it to a vibrant and successful city. They did not
put the parking requirements on the shoulders of each individual business
owner. The city built public parking lots. By allowing businesses to adapt,
they become successful. It is my understanding that the re- modeling of
Corona del Mar is to encourage that sense of community and identity. When
a city like Corona del Mar open's it's doors to businesses like mine, it gets a
reputation for having quality. In addition, successful healthy businesses are
able to support local school functions, museum functions, and other
charitable organizations furthering its ties with the community.
CONCLUSION
My true ambition with my Zinc Caf6 & Market it to nourish souls with great
food and ambiance. I believe that a successful downtown needs to embrace
quality businesses and then find solutions for the impact they have on the
community through public parking projects, public transit and teach public
awareness of the positive qualities these businesses have on a city's value. I
am hoping that with a year's track record in Corona del Mar and 16 years in
Laguna that I have proven a commitment to a quality operation.
Sincerely,
John Secretan
3'�
EXHIBIT 5
FOOD MENUS FROM APPLICANT
35
'HOT ...............:..I.. .....
tall / regular
'House Coffee ... : .. . ...............
1.851 1.60
Hot Tea...... 1..........._..............
1.75
Espresso ................ .. .. ............
1.75
Z I N
C
Cafe Latte .......: ......
2.95 / 20
,5
Cafe.au Lait .... :...... ..... :.:.......
2.95 / 2.50.
350 Ocean Avenue Laguna Beach, CA
92651
. Cappucana ...... " ......................:
'2.25 -
Mocha . ..................... :....
3.40.1 2.95
132 South Cedros Solana Beach, CA
92075
Hat Chocolate; tall / regular / small . '. 2.95 ( 2,50 / 1.95
Extra Espresso Shot . -... .... ..
65 ..
4@72 East Coast HwIL., Corona del Mar,
CA 92625
.Soy Milk ......... .50 additional charge
COLD
Iced Tea ..:.......:...•.:... ......:..,..:.....1:95..
-
. Iced Coffee ............. .. t:...,............
1.95 ?
'.,
' Iced Latte ... ..........:........ :........
2.75 ..
Iced Cappuu no .........
2.75
EGGS
Iced Mocha ....
2.95
Poached Eggs* on buitered'toast; single /double
4 50 / 4.95
Zinc Smoothie yogurt, ginger, and pineapple,...
-. 2.95
Boiled Egg with buttered, toast and fruit ....
5.25
,Zinc $unrise:fresh qj:, peach juice: and raspberry puree : 2.95
Iluevas' Rancheros *- withpapaya= mangosaisa'.
'6.95 -
' Peach Juice; large 7.small .......: .:.:
2 25 1:1.65
Frittata oath cucumber salsa .:
3.95
>'OrangeJuice -- flesh. squeezed; large small: ...`
'
-2 75 / 1:95
`; Saamgled E Plate made' with leek , cream and 1, parsely,'
gg ;
.... Bottled. Drinks : .... . ...... . : :....
..
i 1.85 - 2.63
.
served with bagel, sake, attdcpnteloupe..
Cake and Diet Coke `.:
1.85
Healthy. Breakfast d?late( low fat and high protein)
Water, Carbonated; large / small .:
':
.2 25/ 1:25
.scrambled "egg whites served with black beans
.. Lemonade with. mini ...: .... t ', ..,,
_
: .: 2.25 �
..
.. .: .:
and biown rice ....
.. ,. 6 50 ' -
.
.
. :..
:. . :;•
* Egg.Whrtes only available, add .50 for single:egg
dishes
1:.00 for two :egg :dishes.
CEREALS & FRUIT -:
Muesli with oats,.yogurt and berries /seasonal fruit
4.95 / 5.95
'
Oatmeal with-dried cherry .and nut. topping .:.......
4.75
Oatmeal with fruit °..... ...
.. , `.5 50
DESSERTS
,seasoml
Granold with banana / seasonal frnttt
4.65/ 5 65
Seasonalfruit „cup % bowl .., ..
2.35 1'1 95
'
yogurt Iow fat vanilla or plain non-fat �' ..:S
' .....: 1.50:. .
BAKED. GOADS
Cakes and Tarts (See the Special, Board)
325 -3.95
Assorted Baked Goads
1.95 = 2.95
Rice Pudding ..:... .:..+ - : ..:.....
3.50 .... ";
.. BageI, plasmor toasted with cream cheese and lam
A.75 / 2.25
..Leman Square; ...... . ; . . ::..:...
:... .2.23 :..:
� Bagel with neam cheese, lettuce, tomato, and onion
.. 2.75
,. ..
. `Brownies ..,.... .....
:.. '2:25 -`
,..
�Toastsourdough ,raisin; orwholewheat :.....:.,..
1.95'
Assorted Cookies :.
1.50 -1:75
FrenchToast ....: ..,. ...
5.25'
4.95
..
-Waffle with orange butter and pure maple syntp
+j
...
- ... . I
with seasonal fmit .... . ...:...........
5.95' ✓.
DAILY ENTREES:
..SOUP &. SALAD PLATE''.
With a side of mixed greens and feta cheese:
Includes a cup of soup. or chili, deli salad and french roll,.
,.
See the Special Board for today s entrees . :.... �:: 7:25 ."
' . - with gouda: cheese ..... _ - , 6.95
ZINC: SALAD
_ LA O MB
QUE ADIL C
S O
-;: Mixed greens pine nut, feta cheese,, kalamata olives,
nc udes a cu o sou or chile uesadilla acamol
" .. p f.. p R' . e . .
t.
_ emutons, roma tomatoes, vinaigrette, and a breadittek ... 5:95
salsa,, and sour cream. 6 95
SMALL SALAD
VEGETARIAN, CHILI
M xed green herbed nttage cheese vinaigrette . '"
With.green onion, tomato, sour cream and garlic knot : 5 75
(.
' 4.95
and .:�:.., ...
... ::... ... ,�. 3 95
Cup :a la carte _..�.�
SALAD SPECIAI;
SOUP
See Elie; Special Board for today9 salad'_ . ; ::;. ,` 7.25 - .
See ihe•Spedal.Board for today's, soup .:.
i
cup ,a la mrte or: bowl with rosemary biscuit
PIZZETTE:
,. Personalsizepizzak.:.. .....: :.., ..., 6.9.5
'+ SANDWICHES .. -
,.,...`.675
PIZZA SPECIAL ..
ZTNC BURGER
See the Special Board for todays pizsza
Served on a La Brea bun unth a delidous vegetarian patty
EGGPLANT. "
'and, all the traditional burger trimrnings
Seasoned iama{b spread, lightly breaded and fried eggplant,.
-MIXED.VE'GETABLE.
mozzarella cheese;. mannam sauce
Pain'rtstr ice . bread A. id with thinly,slicMftnne, l ce1 e y
radish; red and green bell peppers aeolt, olive tapanade, ;`
PESTO
`
arugnla hard.boiled egg; audx +inatgrette
,Roasted peppers: toasted pine- nuts,`andgoat cheese`
-.
VEGET ABLE " (NO CHEE$E -LOW FAT)"
EGGPLANT
II Fornaio baguette filled uxth baked eggplant bell peppers
Seasoned tomato spread udth baked vegetables (optional cheese)
. ..red onion fe.ta cheese, and cilantro
MOZZARELLA
MEDITERRANEAN
' Sundded tomatoes,goat.cheese parsley and pepper
.. �
La Brea rye bread, filled e nth our own roasted tomatoes; ;
S O UT H W E S TE &N ,
pests, smoked•gauda cheese, and aruguia
`Chipatie, smoked gouda and mgz2*clla cheese black beans,
EGG SAT.,AD
led onion, tomato, masted corn, and cilantro-
- La Brea whole eUheat, with tomato leftuteACelery, tabasw
POTATO F3ARUGULA . ';'
green onion; mustard, and mgyonrutse
Baked slices of pofata; white cheddar, chili flakes, arugula,
..
BRh
.a nd balsamic vinaigrette
Frenc aguette with br e, arugula, horseradish mayonnaise
E
MEXICAN. -
brown mustard and black pepper
%GhipoEle, tomato,.angkeim chill -. ".
:']BUFFALO BUFFALO MO .. .
'/
French baguette with buffalo rreozzarella,.basel, tomato, `
h
KID "S
Mozzarella cheese.(opnanaI pizza sauce) • . ...... 5.25
and mayonnaise.
' ..
ZINC WINES
-
Tablas Creek Espnt.de Beaucastle Blanc: 101 '
$ 9.75/05.00 .
- Rhone style white.. itichly intense & crisp : ,Great with food..
Murphy G6ode..Chardonnay'00
$ 5.00/$18.00
Flavors of apricot, peach apple and, a hint of oak:
ZD Chardon .101'., � :
$ 9:75/$35,00 ,
1. Cnsp.withi green.apple and tropical fnttt PU.ch and delicately. balanced
:.
considered a king ofehardonnay
Karij,Sauvignon Blanc'02.
`$ 4.25/$15 00
Sn Ooth and light: Flavors of strawberry and peach with a: of green
tea
REDS
Cain Cellars t"ain Cuvee NVO" Napa '
$9.00/$2 00
"Fantastic lvlentage. Well structured'.& smooth A great food wine
Atalon.Cabernet Sauvignon 'OO Napa
$9.75535"
Big brooding Cabernet.." Chocolate; red currant, w/ a touch of leather
Seghesio Zlni'aidel'O1,9666nla
$61"22.00
_
Rich& ripe character: G rew i 1 h.spicier foods
Stonestreet Meclot - Alexander VaIIey'00_
$T 25/$26 0- 0
...
Rape IMt, well - balanced w/ hints :of.toastiriess &chocolate
Conti:Contuu Sgngiovese
Great nose Good, food wane, easy drinking. `hull, ripe front w / -a brt:of smdkiness el
CHAMPAGNE /SPARKLIN -G
Venve Chquot, Yellow Label
$24 50...; 375 m1 y
Wine aids pirits -91 points.
$56.00 = 750 ml
Cnstalne Bru "t`
$6 50 :.187 m1
From. Spai i:- ;Bright with fig and spice and wondeif d for the price..
' :. Wineand uYts ve it a 91': �. .
BEER .
Heineken
Red Hook ESB Amber Ale
$2 50 :12 oz.
llooch:Hard Lemonade,. ;
'S2 25 -12oz
:DESSERT & ,APER'TIF
Warre's Warrior Vintage Port „'
14.2511", .:
Vanilla, :fig,,& ,cherry. _Sweet caramel Tasty & powerfiil Greatw/ cheese or chocolate.
. Dios Baco Cream Sherry
Rich& luscious.: Sweet fnrit w/ deep flavors.. Greafiw/ chocolate; the Spanish flan. .
Dios Baca Fino Sherry ..; ;
-
- Light golden w/ nutty flavor & refreshing dryness. The ideal apertif.
EXHIBIT 6
LIST OF SUPPORTIVE PATRONS
FROM APPLICANT
ON
Dear Zinc Cafe & Market customers.
Zinc is in the process of trying to change our existing use permit with the
City of Newport Beach to extend our hours of operation to 10 pm. This
would allow us to serve full service dinner in the dining room with wine and
beer.
The s main issue is that of parking. The city is interested in knowing
how far you traveled and by what means of transportation you used to get
here.
Please take two minutes to fill in the information below. f S 1 C, sv q i 2j
Sincerely,
Zinc Cafe & Market
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EXHIBIT 7
STAFF REPORT
DATED 1/17/02 60
r CITY OF NEWPORT BEACH Hearing Date: January 17, 2002
PLANNING DEPARTMENT Agenda Item: 3
_ 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber
NEWPORT BEACH, CA 92658 644 -3209
Appeal Period: 14 days after date
(949) 644 -3200; FAX (949) 6443229 of final action
REPORT TO THE PLANNING COMMISSION
PROJECT: Zinc Cafe and Market (PA2001 -221)
3222 East Coast Highway
SUMMARY: 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.
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
� 40 � '. I
6, 4b 4 0 ver
CI NITY MAP
----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 Fhghway
Zinc Cafe (PA2001-221)
January 17, 2002
Page 2 of 11
[To the west: I Restaurant, retail & service commercial uses across East Coast Highway
Introduction & Background
The applicant, Mr. John Secretan, is seeking approval of a Use Permit to allow the opening of
Zinc Caf€ 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 f imishings.
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 tad 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 cafe and take -out market with the following operational
characteristics:
Zinc Cafe (PA2001 -221) .
January 17, 2002
Page 3 of 11
• 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
• 15% of the business revenue is generated the sale of associated retail products and
prepared food.
The hours of operation are proposed from 7:OOam 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:OOpm and seating for food service will end at 6:O0pm. 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 will utilize two employees and regular
shifts will be up to a maximum of eight employees during the busiest hours. It was further
indicated that no alcoholic beverages would be sold through the restaurant or retail component of
the business.
Analysis
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
the high quality of its residential areas. The City shall promote the prosperity of its
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 4 of 11
several community commercial districts through the adoption and application of its
planning, Zoning, building and public works codes, regulations, policies and activities.
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.
5. 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
Zinc Cafe (PA2001 -221)
January 17, 2002 L
Page 5 of 11 y J
* Includes both parcels.
** Patio is included in FAR calculation if it exceeds 25% of the
interior Net Public Area.
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
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
Zinc Cafe (PA2001 -221)
January 17, 2002 5(p Page 6 of 11 5
Retail commercial
2,945 SF
1 space /250
12
(former use)
SF
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
Zinc Cafe (PA2001 -221)
January 17, 2002 5(p Page 6 of 11 5
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
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 (11 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:O0pm 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:
1. 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;
3. A parking management plan for the site has been approved by the Planning
Commission pursuant to Section 20.66.100(B); or
4. The Planning Commission makes the following findings:
a. The parking demand will be less than the requirement in Section
20.66.030.
Zinc Cafe (PA2001 -221)
January 17, 2002 ��j
Page 7 of 11 1
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
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 further 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 11
Setback.,
Existing facility that was formerly 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 separation.
Off-Street Parking:
Off -street parking in accordance with the
Non - Conforming. The site provides 11 spaces where 29 to 48 are
provisions of Chapter 20.66 of the
required. A waiver of off-strew parking requirements has been requested.
Municipal Code
Circulation:
Parking areas and driveways to facilitate
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.
sight clearances.
Walls (adjacent to the
A solid masonry wall 6 feet high shall be
Complies. There are existing buildings located on both interior
inwriorpmperry
erected m all interior property litres of the
property lines so the requirement for walls 6 feet in height in not
lines):
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 parting area and public tights -cf-
and the public ri tof-wa . I
way.
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 8 of 11
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 parking
landscaping which is only 4% of the total site area and less than half
uses from the public rightbf- -way. A Mont
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.
Ligl¢ing:
Parking lot and sift illumination, height and
Non - Conforming. There is no illumination provided for the parking
intensity; to minimize the reflection of
area Parking lot and/or patio illumination should be requited with
lights to the streets and neighboring
project approval.
ro es.
Utilities
All utilities required to be undergrohmded.
Non - Conforming. Utilities are currently not underground, maintaining
this existing condition will not be detrimental to the surrounding uses-
Supply Storage
Supply storage to be contained within a
Non-Conforming. The plans indicate an exterior storage space that
adding.
I 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 masonry 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 - kicking gates. Self- closing and locking door or
mechanisms should be required with project a vaL
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
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 9 of 11
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.
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:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
TODD M. WEBER
Associate Planner
Exhibits
1. Letter and project description from Mr. John Secretan
2. Resolution No. 2002 -_; findings and conditions of approval and project plans
3. Findings for denial
Zinc Cafe (PA2001 -221)
January 17, 2002 h
Page 10 of 11
4. Zoning Code Section 20.03.050 — Conversion of Use
5. Comment letters and petition
Zinc Cafe (PA2001 -221)
January 17, 2002
Page 11 of 11 ��
EXHIBIT 8
EXCERPT OF MINUTES
DATED 1/17/02 �Oa
SUBJECT: Zinc Cafe and Market
3222 East Coast Highway
• • Use Permit No. 2001 -040 (PA2001 -221)
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 1 1 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.
• 0 Parking waiver requested.
• 0 Site plan of existing building with parking lots to the north.
• 0 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 Cafe Market. She noted that looking at the floor plan and layout it
Item No. 2
PA2001 -086
Denied Without
Prejudice
Item No. 3
PA2001 -221
U5
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 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 Krandey 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
WL,'
'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
'C'. Using the 745 we would multiply 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 Cafe and Market noted, and
answered at Commission inquiry:
• • Cafe experience in Laguna Beach with community support and
patronage.
• • Sidewalk cafe concept with amenities and qualities.
• • Parking issues in Laguna Beach and in Corona del Mar.
• 0 Convenience to local businesses.
• 0 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.
• 0 The extension after hours from 6 to IOp.m. would be for a take out
dessert. The dessert service is an experiment.
• 9 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.
• 0 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)
• P Signage 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.
tP5
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 con condition it.
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, of 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.
• 0 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.
• 0 Paul Blank, 273 Seaview Avenue stated his support for similar reasons
expressed.
• 0 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
As
4
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 Cafe in Corona del Mar.
The following people appeared in opposition to the project:
• 0 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 2nd Street and Marguerite is horrendous. The vision
of 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 Cafe 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.
• 0 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. I 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.
• 0 Doug Ashton, 418 '/2 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 offer 10 p.m. the
W1
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.
•. 9 Howard Ashton, 308 Orchid stated that he has a problem with the
parking.
Public comment was closed.
Commissioner Kranzley, referring to the site map, asked if the trash could be
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 rinds 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, I
6�
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 11 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. 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 I 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. Edmonston 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 far 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
•
It
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 it 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 4 and 10 feet. The alleys are
used for loading per the Municipal Code up to 20 minutes, but that is difficult to
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. Edmonston 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
this 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 I 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.
-�b
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 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:
• 0 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 11 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 entrance off the alley.
Chairperson Tucker then asked the maker of the motion to clean
up some of the changes on the conditions.
• 0 Condition 1 - change site plan to plot plan; the floor
plan should be dated.
• • Condition 4 - the last sentence delete the last two
words, is reguiFed.
• • Condition 8 - roll back the time frame for the deliveries
to 10 p.m. as it closes at that time.
• • I Condition 10 - eliminate this condition. It is assumed
that the limited net public area will limit the number of the
seats.
• 0 Condition 12 - the rear door usage by employees, roll
Y�l
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 trash 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).
• 0 Condition 21 - change the last word, 'company' to
agent.
• 0 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 speck 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.
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.
i)ia
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 Agajanian 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
11 more people who drove on by who could not find a place to
park before. I feel 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 if leaving the lot open
was creating more problems then it was solving. It is a choice of
0
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 Agaianian asked to add a condition, No seating at
the espresso bar.
Commissioner Selich agreed.
Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford. Kranzley Selich
Noes: None
*rr
Commissioner Kranzey 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
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