HomeMy WebLinkAbout01 - Ill Barone Expansion Use PermitfiEWPOo COMMUNITY DEVELOPMENT DEPARTMENT
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PLANNING DIVISION
U$ 3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644 -3229
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CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 29, 2012
Agenda Item No. 1
SUBJECT: II Barone Expansion - (PA2012 -009)
4251 Martingale Way, Suite A
• Minor Use Permit No. UP2012 -002
APPLICANT: F &D Barone, Inc.
PLANNER: Erin Steffen, Planning Technician
(949) 644 - 3234., Esteffen @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: PC -11 (Newport Place) Planned Community
• General Plan: MU -H2 (Mixed -Use Horizontal 2)
PROJECT SUMMARY
A request to amend Minor Use Permit No. UP2011 -008 (PA2011 -047) to expand an
existing 2,567- square -foot restaurant by converting 810 square feet of existing retail
space to restaurant space, consisting of a private banquet room, restroom, server
station, office and storage, and the addition of a 550 - square -foot outdoor dining patio.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. ZA2012 -006 approving Minor Use
Permit No. UP2012 -002 (Attachment No. ZA 1).
DISCUSSION
• The restaurant is located in an existing commercial development that contains a mix of
uses, including professional offices, retail stores, personal service type uses, and other
restaurants.
• The restaurant, including the proposed expansion and accessory outdoor dining
addition, is allowed subject to the approval of a Minor Use Permit in the Planned
Community. The restaurant is compatible with the land uses permitted within the
surrounding neighborhood and complies with Section 20.48.090 (Eating and
Drinking Establishments) in regards to the operating standards. This Minor Use
Permit will be conditioned to maintain the requirements of Section 20.48.090.
• The total proposed square footage of the restaurant is 3,377 square feet, including the
accessory outdoor dining area. The proposed interior net public area is 1,717 square
feet, and the proposed outdoor net public area is 550 square feet.
• A restaurant has been operated at this location since the 1970's and pursuant to Use
Permit No. 3656 since 1999. Use Permit No. UP3656, approved May 20, 1999,
allowed for the remodel and expansion of the kitchen and the addition of a walk -up
service window in conjunction with the existing restaurant operation.
• Use Permit No. UP2011 -008, approved July 13, 2011, amended Use Permit 3656 to
upgrade the existing Type 41 On -Sale Beer and Wine ABC license to a Type 47 On-
Sale General (Beer, Wine, and Distilled Spirits) ABC License and to extend the
operating hours from 9:00 p.m. to 11:00 p.m.
• This request will amend Use Permit No. UP2011 -008 to allow for the expansion of
the restaurant into an adjoining existing retail suite and the addition of an accessory
outdoor dining area. Alterations will be made to the parking area fronting the building
to accommodate the addition of the outdoor patio. These alterations will result in a
net loss of 3 parking spaces; however, the site will still provide a surplus of parking
spaces.
• Pursuant to the Newport Place Planned Community regulations, the NBMC
regulates the parking requirement for the project because the net floor area of all the
restaurants exceeds 20% of the net floor area of the entire retail - commercial center.
Section 20.40.060 (Parking Requirements for Food Service Uses) of the NBMC
establishes criteria to determine the parking requirements for uses from 1 parking
space for every 30 -50 square feet of net public area, plus the area of the outdoor
dining area that is greater than 25% of the interior net public area or 1,000 square
feet, whichever is less. Based on the low- turnover, sit -down characteristics of the
restaurant with the sale of alcoholic beverages and no live entertainment or dancing,
a parking requirement of 1 space for every 40 square feet of net public area is
appropriate. Per existing and proposed parking tabulations (attached) the site will
provide adequate parking spaces to accommodate the proposed use.
• The hours of operation, 10:00 a.m. to 11:00 p.m., and alcohol license, Type 47 On-
Sale General (Beer, Wine, & Distilled Spirits), will remain the same.
ENVIRONMENTAL REVIEW
The project qualifies for i.e.,Class 1 (Existing Facilities) categorical exemption, Section
15301 of the California Environmental Quality Act because the proposed projects
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involves interior alterations to convert existing retail space to an eating and drinking
establishment and the addition of an outdoor patio area for accessory dining.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights -of -way and waterways) including the
applicant and posted on the subject property at least 10 days prior to the decision date,
consistent with the provisions of the Municipal Code.
APPEAL PERIOD
An appeal may be filed with the Director of Community Development or City Clerk, as
applicable, within fourteen (14) days following the date the action or decision was rendered
unless a different period of time is specified by the Municipal Code (e.g., Title 19 allows
ten (10) day appeal period for tentative parcel and tract maps, lot line adjustments, or lot
mergers). For additional information on filing an appeal, contact the Planning Division at
949 644 -3200.
Prepared by:
Erin Steffen; Plangng /Technician
GR/ems
Attachments: ZA 1
ZA 2
ZA 3
ZA 4
ZA 5
ZA 6
ZA 7
ZA 8
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Draft Resolution
Vicinity Map
Existing Parking Tabulation
Proposed Parking Tabulation
Applicant's Project Description and Justification
Minor Use Permit No. UP2011 -008 (Action Letter)
Use Permit No. UP3656 (Minutes and Staff Report)
Project Plans
Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2012- 006
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012 -002 FOR THE EXPANSION AND ADDITION OF AN
OUTDOOR DINING AREA TO AN EXISTING RESTAURANT
LOCATED AT 4251 MARTINGALE WAY, SUITE A (PA2012 -009)
THE ZONING ADMINSTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by F &D Barone Inc. with respect to property located at 4251
Martingale Way, Suite A, and legally described as Parcel Map Book 53, Page 53, Parcel
1, requesting approval of a Minor Use Permit.
2. The applicant requests a Minor Use Permit to amend Minor Use Permit No. UP2011-
008 (PA2011 -047) to expand an existing 2,567- square -foot restaurant by combining
and converting 810 square feet of an existing, adjoining retail space to restaurant
space, which will consist of a private banquet room, restroom, server station, office
and storage; and adding a 550 - square -foot outdoor dining patio. The hours of
operation, 10:00 a.m. to 11:00 p.m., and alcohol license, Type 47 On -Sale General
(Beer, Wine, & Distilled Spirits), will remain the same. No live entertainment or dancing
is proposed.
3. The subject property is located within the PC -11 (Newport Place) Planned Community
and the General Plan Land Use Element category is MU -H2 (Mixed -Use Horizontal).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on February 29, 2012, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act, pursuant to Section 15301 (Class 1 —
Existing Facilities).
2. Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed projects involves interior alterations to
convert existing retail space to an eating and drinking establishment and the addition
of an outdoor patio area for accessory dining.
Zoning Administrator Resolution No. ZA2012 -206
Page 2 of 10
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.E (Findings and decision) of the NBMC, the following
findings and facts in support of the findings for a Minor Use Permit are set forth:
Finding
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding
1. The General Plan land use designation for this site is MU -H2 (Mixed -Use Horizontal)
which provides for a horizontal intermixing of uses that may include regional commercial
office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and
ancillary neighborhood commercial uses in the Airport Area. The existing restaurant,
including the proposed expansion and accessory outdoor dining addition, is consistent
with this land use category.
2. Eating and drinking establishments are common in the vicinity and are frequented by
the surrounding businesses, travelers that visit the City for business and pleasure, and
residents of the City. The establishment is compatible with the land uses permitted
within the surrounding neighborhood.
3. The subject property is not part of a specific plan area.
Finding
B. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding
1. The site is located within General Commercial Site 6 of the Newport Place Planned
Community Zoning District. The restaurant, including the proposed expansion and
accessory outdoor dining addition, is allowed subject to the approval of a Minor Use
Permit in the Planned Community.
2. The proposed use complies with Section 20.48.090 (Eating and Drinking
Establishments) in regards to the operating standards and the restaurant is required to
adhere to those standards.
3. Pursuant to the Newport Place Planned Community regulations, the NBMC regulates
the parking requirement for the project because the net floor area of all the restaurants
exceeds 20% of the net floor area of the entire retail - commercial center. Section
20.40.060 (Parking Requirements for Food Service Uses) of the NBMC establishes
criteria to determine the parking requirements for uses from 1 parking space for every
30 -50 square feet of net public area, plus the area of the outdoor dining area that is
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Zoning Administrator Resolution No. ZA2012 -206
Page 3 of 10
greater than 25% of the interior net public area or 1,000 square feet, whichever is less.
Based on the low- turnover, sit -down characteristics of the restaurant with the sale of
alcoholic beverages and no live entertainment or dancing, a parking requirement of 1
space for every 40 square feet of net public area is appropriate. Per existing and
proposed parking tabulations the site will provide adequate parking spaces to
accommodate the proposed use.
Finding
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding
1. The restaurant is located in an existing commercial development that contains a mix of
uses, including professional offices, retail stores, personal service type uses, and other
restaurants.
2. A restaurant has been operated at this location since the 1970s and pursuant to Use
Permit 3656 since 1999. The use has not proven detrimental to the area. This
demonstrates the location's capability of operating as a compatible use with other land
uses in the vicinity.
3. The proposed project involves interior alterations to an adjoining suite to convert
existing retail space to a food service, eating and drinking establishment and the
addition of an outdoor patio area for accessory dining. Modifications will be made to
the parking area fronting the building to accommodate the addition of the outdoor
patio. These modifications will result in a net loss of parking spaces; however, the site
will still provide a surplus of parking spaces.
4. The applicant is required to control trash and litter around the subject property.
5. The applicant has installed a grease interceptor and obtained Health Department
approval. The establishment will comply with the California Building Code and
requirements of the Alcoholic Beverage Control Department to ensure the safety and
welfare of customers and employees within the establishment.
6. A restaurant is a typical use in this area, and the establishment, as conditioned, will
not be open late or operate as a bar or nightclub.
7. The hours of operation of the restaurant, including the outdoor patio, are restricted to
the hours between 10:00 a.m. and 11:00 p.m., daily.
8. The proposed project is located within a nonresidential zoning district and surrounded
by other nonresidential districts and uses. The establishment will comply with exterior
noise standards as outlined by the Title 10 (Offenses and Nuisances) of the NBMC.
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Finding
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding
1. The existing building and parking lot have functioned satisfactory with the current
configuration. The proposed project, which includes interior alterations to convert retail
space to restaurant use and the addition of an outdoor patio, will not negatively affect
emergency access.
2. Adequate public and emergency vehicle access, public services, and utilities are
provided within the retail - commercial center.
3. The tenant improvements to the project site will comply with all Building, Public Works,
and Fire Codes. The project will comply with all ordinances of the City and all
conditions of approval.
Finding
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to
the public convenience, health, interest, a safety, or general welfare of persons residing or
working in the neighborhood of the proposed use.
Facts in Support of Finding
1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance in parking areas, sidewalks, and
areas surrounding the subject property and adjacent properties during business hours, if
directly related to the patrons of the establishment.
2. The food service, eating and drinking establishment will continue to serve the
surrounding commercial, visitor serving, and business community. The proposed
establishment provides dining services as a public convenience to the surrounding
neighborhood. The restrictions on seating and net public area prevent adverse traffic
impacts.
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Zoning Administrator Resolution No. ZA2012 -206
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2012 -002, subject to the conditions set forth in Exhibit A, which is attached hereto
and incorporated by reference.
2. Minor Use Permit applications do not become effective until 14 days following the date of
action. Prior to the effective date, the applicant or any interested party may appeal the
decision of the Zoning Administrator to the Planning Commission by submitting a written
appeal application to the Community Development Director. For additional information on
filing an appeal, contact the Planning Division at 949 - 644 -3200.
PASSED, APPROVED, AND ADOPTED THIS 29TH DAY OF FEBRUARY, 2012.
IA
Brenda Wisneski, AICP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
1. This approval supersedes Use Permit No. UP2011 -008 (PA2011 -047).
2. The development shall be in substantial conformance with the approved site plan and
floor plan dated with this date of approval. (Except as modified by applicable
conditions of approval.)
3. This Minor Use Permit may be modified or revoked by the Zoning Administrator
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.
4. Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, shall require an amendment to this Minor
Use Permit or the processing of a new Use Permit.
5. Minor Use Permit No. UP2012 -002 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits and
Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise
granted.
6. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified in writing of the conditions of this approval by
either the current business owner, property owner or the leasing company.
7. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
8. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
Minor Use Permit.
9. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the
Planning Division.
10. Prior to the issuance of building permits, any applicable Fair Share Traffic
Contribution Fees shall be paid in accordance with Chapter 15.38 of the Newport
Beach Municipal Code.
11. The indoor net public area shall be limited to a maximum of 1,717 square feet and
100 seats.
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12. The outdoor dining area shall be limited to a maximum of 550 square feet in area
and 42 seats.
13. The accessory outdoor dining shall be used only in conjunction with the related
adjacent establishment.
14. The proposed food service, eating and drinking establishment, shall have a parking
requirement of 1 space for every 40 square feet of net public area, plus the area of
the outdoor dining area that is greater than 25% of the interior net public area or
1,000 square feet, whichever is less.
15. A copy of these conditions of approval shall be incorporated into the Building
Division and field sets of plans prior to issuance of the building permits.
16. The hours of operation, including the outdoor dining area, for the eating and drinking
establishment are limited from 10:00 a.m. to 11:00 p.m., daily.
17. Any increase in the hours of operation shall be subject to the approval of an
amendment to this Minor Use Permit and may be subject to approval by the Zoning
Administrator or Planning Commission.
18. The use of elevated counters, tables, and barstools are prohibited in the outdoor
dining area.
19. The boundary of the accessory outdoor dining area shall be marked through the use
of a 36- inch -high boundary rail, unless a higher rail or other marking is otherwise
approved by the Community Development Director. Fences, walls, or similar
barriers shall serve only to define the outdoor dining area and not constitute a
permanent all weather enclosure.
20. Prior to issuance of building permits, plans for the outdoor dining /patio areas shall
be reviewed and approved by the Planning Division. Final material, height, and
location of the boundary rail shall be subject to approval by the Building and
Planning Division staff.
21. No form of advertisement shall be placed on an awning, umbrella or elsewhere in
the outdoor patio dining areas. The outdoor patio dining areas, including any awning
or umbrella, shall be maintained in a clean orderly condition at all times.
22. The use of umbrellas for shade purposes shall be permitted. The use of any other
type of overhead covering shall be subject to review and approval by the
Community Development Director and may require an amendment to this permit.
23. The size, design, and location of trash enclosures shall be subject to the review and
approval of the Public Works and Planning Division prior to issuance of building
permits.
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24. Deliveries and refuse collection for the facility shall be prohibited between the hours
of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community
Development Director, and may require an amendment to this use permit.
25. Any changes to the existing parking lot design require review and approval from the
Public Works Department.
26. An encroachment permit is required for all work activities within the public right -of
way.
27. In case of damage done to public improvements surrounding the development site
by the private construction, additional reconstruction within the public right -of -way
could be required at the discretion of the Public Works Inspector.
28. No live entertainment or dancing shall be permitted in conjunction with the permitted
use.
29. Employees shall park on -site.
30. No amplified music, public address speakers, outside paging system, loudspeaker,
sound system or other noise generating device shall be utilized in conjunction with
this establishment.
31. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City's approval of the II Barone
Minor Use Permit, including, but not limited to, Use Permit No. UP2012 -002 (PA2012-
009). This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and /or the parties initiating or bringing such proceeding.
The applicant shall indemnify the City for all of City's costs, attorneys' fees, and
damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the
City pursuant to the indemnification requirements prescribed in this condition.
32. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of
the Building Department.
33. The applicant shall provide a Type I hood with a kitchen suppression system for
cooking equipment.
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34. Provide a washout area with a minimum useable area dimension of 36- inches -wide,
by 36- inches -deep, by 72- inches -high shall be provided inside the facility or outside of
the tenant space in a readily accessible area within a portion of the screened area or
refuse containers in such a way as to allow direct drainage into the sewer system and
not into the Bay or storm drains, unless otherwise approved by the Building
Department and Public Works Department in conjunction with the approval of an
alternative drainage plan.
Police Department Conditions
35. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 47 in conjunction with the service of food as the
principal use of the facility.
36. This approval does not permit the premises to operate as a bar, tavern, cocktail
lounge, or nightclub as defined by the Newport Beach Municipal Code.
37. There shall be no exterior advertising or signs of any type, including advertising
directed to the exterior from within, promoting or indication the availability of alcoholic
beverages or signs, which are clearly visible to the exterior, shall constitute a violation
of this condition.
38. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when offered in conjunction with food ordered from the full service menu. There
shall be no reduced price alcoholic beverage promotion after 9:00 p.m.
39. The petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based up on monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
40. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Police Department on command.
41. There shall be no on -site radio television, video, film, or other electronic or media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved special event permit
issued by the City of Newport Beach.
42. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
43. Food service from the regular menu must be available to patrons up to thirty (30)
minutes before the scheduled closing time.
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44. 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.
45. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that
would attract large crowds, involve the sale of alcoholic beverages, include any form
of on -site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
46. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, 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 is
prohibited.
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Attachment No. ZA 2
Vicinity Map
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Minor Use Permit No. UP2012 -002
PA2012 -009
4251 Martingale Way, Suite A
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Attachment No. ZA 3
Existing Parking Tabulation
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Exisiting Parking Tabulation for MacArthur Square General Commercial Center
Bldg
Address
Tenant
Use
Discretionary Action
GSF
NPA
Parking Requirements
No. of Spaces Required
A
4255 Martingale# A
Airport Wine &Spirits
General Commercial - Liquor Store
NA
2489
5500
1/250 NFA
9.956
A
4255 Martingale #B
Barbary Coast
General Commercial - Beauty Parlor
NA
780
26764
1/250 NFA
3.12
A
4255 Martingale# C
Kiros Catering (Office Only)
Professional Off ice
NA
768
1/250 NFA
3.072
A
4255 Martingale #D
Dr. John Koningh
Medical
NA
1092
1/250 NFA
4.368
8
1701 Corinthian #D
Couture Bridal Salon
General Commercial - Bridal Shop
NA
920
1/250 NFA
3.68
8
1701 Corinthian #E -F
Yi Dynasty Korean BBC.
Restaurant
UP2004 -022 (PA2004-130)
4400
2118
19 (1/40 NPA, 34 Waived)
19
8
1701 Corinthian #H
Xcel Sport & Fitness
General Commercial - Fitness &Workout
NA
942
1/250 NFA
3.768
8
1701 Corinthian #1
Gwen David Designs
General Commercial - Flower Shop
NA
1448
1/250 NFA
5.792
8
1701 Corinthian #G
99 Orange Chicken
Restaurant
UP3311/MD3676
825
5(1/50 GFA, plus 1 per employee (4 employess), 16 spaces were waived)
5
C
4250 Scott Drive #K
Dr. Peter V. Le, DDS
Medical - Dental
NA
1274
1/250 NFA
5.096
C
14250 Scott Drive #J
Sung Sim Lydon, DDS
Medical - Dental
NA
1185
1/250 NFA
4.74
C
4250 Scott Drive #N
Green Hanger Cleaners
General Commercial - Drycleaners
NA
1650
1/250 NFA
6.6
C
4250 Scott Drive #L -0
Avant Garde Ballroom #2
General Commercial - Dance Studio
NA
2922
1/250 NFA
11.688
D
4251 Martingale #A
II Barone Restaurant
Restaurant
UP2011 -WS (PA2011 -047)
2567
1200
1/200 NFA
12.835
D
4251 Martingale #B -1
Tech Optics
Professional Office
NA
480
1/250 NFA
1.92
D
4251 Martingale #B-2
Private Pilites
General Commercial - Fitness &Workout
NA
480
1/250 NFA
1.92
D
4251 Martingale #C
Vacant
Professional Office
NA
712
1/250 NFA
2.848
D
4251 Martingale #D
Talisse Development
General Commercial - Showroom
NA
884
1/250 NFA
3.536
D
4251 Martingale #E
Ritter Chiropractic
Medical
NA
1100
1/250 NFA
4.4
D
4251 Martingale #F
Luxury Nails
General Commercial - Beauty Salon
NA
895
1/250 NFA
3.58
D
4251 Martingale #G
Vacant
General Office
NA
810
1/250 NFA
3.24
E
11660 Dove, SteA
Donut Depot
General Commercial - Specialty Shop
NA
822
1/250 NFA
3.288
E
1660 Dove, Ste B
Arnie's Manhattan Deli
Restaurant
UP3811
5500
3229
(1/40 NPA)
80.725
E
1660 Dove, SteC
Kiros Catering
General Commercial - Specialty shop
NA
474
1/250 NFA
1.896
E
1660 Dove, Ste D
Vacant
Professional Office
NA
1027
1/250 NFA
4.108
F
4253 Martingale, #A
Tapes
Restaurant
UP3510
4208
2768
24(1 /40 NPA, 46 waived)
24
F
4253 Martingale, #C
Tapes - Business Office
Professional Off ice
NA
797
1/250 NFA
3.188
F
4253 Martingale, #D
Tapes
General Commercial - Dance Studio
NA
1250
1/250 NFA
5
G
4200 Scott Drive
Hokkaido
Restaurant
NA
9264
4296
1/200 NFA
46.32
H
4220 Scott Drive
Avant Garde ballroom #1
General Commercial - Dance Studio
NA
4950
1/250 NFA
19.8
TOtal Sq. Ft.
56915
Loading Spaces (I per 10,000 GSF)
5.6915
Total Number of Parking Spaces Required
304.2195
Total Number of Parking Spaces Provided
1366
Parking Surplus/(Shortfall)
161.7805
GSF = Gross Square Footage
NAP = Net Public Area
NFA - Net Floor Area
Breakdown of Restaurants
Address
Tenant
GSF
1701 Corinthian #E -F
YI Dynasty Korean BBq
4400
1701 Corinthian #G
99 Orange Chicken
825
4251 Martingale #A
Il Barone Restaurant
2567
1660 Dove, Ste B
Arnie's Manhattan Deli
5500
4253 Martingale, #A
Tapes
4208
4200 Scott Drive
Hokkaido
9264
Total Square Footage
26764
% of Commercial Center
47.02%
Attachment No. ZA 4
Proposed Parking Tabulation
Tmp1e01 -05 -12
Proposed Parking Tabulation for MacArthur Square General Commercial Center
Bldg
Address
Tenant
Use
Discretionary Action
GSF
NPA
Parking Re uirements
No. of Spaces Required
A
4255 Meru ngale #A
Airport Wine &Spirits
General Commercial - liquor Store
NA
2489
5500
1/250 NFA
9.956
A
4255 Martingale #8
Barbery Coast
General Commercial - Beauty Parlor
NA
780
27574
1/250 NFA
3.12
A
4255 Martingale #C
Gros Catering (Office Only)
Professional Office
NA
768
1/250 NFA
3.072
A
4255 Martingale #D
Dr. John KOningh
Medical
NA
1092
1/250 NFA
4.368
B
1701 Corinthian #D
Couture Bridal Salon
General Commercial - Bridal Shop
NA
920
1/250 NFA
3.68
B
1701 Corinthian #E.F
YI Dynasty Korean BBO
Restaurant
UP2004 -022 (PA2004 -130)
4400
2118
19 (1/40 NPA, 34 Waived)
19
B
1701 Corinthian #11
%cel Sport & Fitness
General Commercial - Fitness &Workout
NA
942
1/250 NFA
3J68
B
1701 Corinthian #1
Gwen David Designs
General Commercial - Flower Shop
NA
1448
1/250 NFA
5.792
B
1701 Corinthian #G
99 Orange Chicken
Restaurant
UP3311/MD3676
825
5(1/50 GFA, plus I per emp loyee ( 4 employes,), 16 spaces were waived)
5
C
4250 Scott Drive #K
Dr. Peter V. Le, DDS
Medical - Dental
NA
1274
1
11/250 NFA
5.096
C
4250 Scott Drive #1
Sung Sim Lydon, DDS
Medical - Dental
NA
1185
1/250 NFA
4.74
C
4250 Scott Drive #N
Green Hanger Cleaners
General Commercial - Drycleaners
NA
1650
1/250 NFA
6.6
C
4250 Scott Drive #L-0
Avant Garde Ballroom #2
General Commercial - Dance Studio
NA
2922
1/250 NFA
11.688
D
4251 Martingale #A & #G
Il Barone Restaurant
Restaurant
UP2011- 008(PA2011 -047)
3377
2267
1/40 NPA, plus the area of outdoor dining greater than 25 %of the interior NPA; Interior Net
Public Area =1717; Outdoor Net Public Area - 550;1717 +(550- (1717'.25) - 1837.75/40 -46
parking spaces
45.94375
D
4251 Martingale #8 -1
Tech Optics
Professional Office
NA
480
1/250 NFA
1.92
D
4251 Martingale #B-2
Private Pilates
General Commercial - Fitness &Workout
NA
480
1/250 NFA
1.92
D
4251 Martingale #C
Vacant
Professional Office
NA
712
1/250 NFA
2.848
D
4251 Marti ngale #D
Talisse Development
General Commercial - Showroom
NA
884
1/250 NFA
3.536
D
14251 Martingale FIE
Ritter Chiropractic
Medical
NA
1100
1
11/250 NFA
4.4
D
4251 Martingale #F
Luxury Nails
General Commercial - Beauty Salon
NA
895
1/250 NFA
3.58
E
1669 D., Ste A
Donut Depot
General Commercial - Specialty Shop
NA
822
1/250 NFA
3.288
E
1660 Dove, SteB
Arnie's Manhattan Deli
Restaurant
UPI811
5500
3229
81 spaces (1/40 NPA)
80.725
E
1660 Dove, SteC
Kiros Catering
General Commercial - Specialty shop
NA
474
1/250 NFA
1.896
E
1660 Dove, Ste D
Vacant
Professional Office
NA
1027
1/250 NFA
4.108
F
4253 Martingale, #A
Tapes
Restaurant
UP3510
4208
2768
24(1 /40 NPA, 46 waived)
24
F
4253 Martingale, #C
Tapes - Business Office
Professional Office
NA
797
1/250 NFA
3.188
F
4253 Martingale, #D
Tapas
General Commercial - Dance Studio
NA
1250
1/250 NFA
5
G
420G Scott Drive
Hokkaido
Restaurant
NA
9264
4296
1/200 NFA
46.32
H
4220 Scott Drive
Avant Garde ballroom #1
General Commercial- Dance Studio
NA
4950
1/250 NFA
19.8
Tota1 Sq. Ft. 156915 1
iLoading5paces (I per 10,000 gross sq. b.)
5.6915
Total Number of Parking Spaces Required
344.04425
Total Number of Parkin Spaces Provided
363
Parkin Surplus /)Shortfall)
18.95575
Breakdown of Restaurants
Address
Tenant
GSF
1701 Corinthian it
Yi Dynasty Korean BBO
4400
1703 Corinthian #G
99 Orange Chicken
825
4251 Martingale #A
Il Barone Restaurant
3377
1660 Dove, Ste B
Arnie's Manhattan Dell
5500
4253 Martingale, #A
Tapes
4208
4200 Scott Drive
Hokkaido
9264
Total Square Footage
27574
% of Commercial Center
48.45%
GSF - Grass Square Footage
NAP = Net Punic Area
NFA - Net Floor Area
Attachment No. ZA 5
Applicant's Project Description and
Justification
Tmple01 -05 -12
C
New Vision Company
5318 East 2nd Street 11666
Long Beach, CA 90803
January 20, 2012
City of Newport Beach Planner
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Subject: II Barone Ristorante Expansion Minor Use Permit Modification
Deal- City of Newport Beach Planner:
This Minor Use Permit Application submittal is ill regard to II Barone Ristu'ante Expansion located at 4251
Martingale Way Suite C. On behalf of F &D Barone Incorporated, New Vision Company is requesting a
modification to the existing Minor Use Permit No. UP2011 -008 (PA2011. -047) to increase the restaurant interim'
net public. area 1'rou its current size of :1,200 square feet with a nnaxintuu seating and /or .stand -up countr=y
space of 65 customers to 1,7 17 square fect of' interior net public area with a maximum seating and/or Stand-up
counter space of 1.170 customers, and to include a new outdoor patio expansion of 550 square feet of net public
area with a naaxinnun seating and /or Stand -up Coll nter space ol'42 customers. All other requirements of Minor
Use Permit UP2011 -008 (PA'2011 -047) will remain tlae same including hours of operafiou (1.0:00 a.m. to 11:00
p.nn. daily), nuntberol'ennployees, and use.
Project Description:
Interior lspansion Description
The proposed interim' expansion will take place in the space adjoining the existing restaurant located at 4251
Martingale bVay Suite A (Space 24 on the Overall Tenant Site Plan). The proposed expansion space Will be a total
Of 810 square feet of area, and consists of a private banquet room, restrooni, sever station, of lice, anti storage.
The proposed net public a'ea of the interior expansion space will be 517 square feet with a total capacity of 34
seats (layoutaccordiag to Overall Public Use Area Floor Plan).
Exterior Patio Expansion Description
The proposed exterior patio expansion will be located on the north -cast and east sidewalk space adjacent to the
existing restaurant space, and will constitute am area of 550 square feet with a total capacity of 4'2 seats (layout
according to Overall Public Use Area Floor 1'1111). The total patio area will be broken into 3 spaces. Planters will
enclose each space with entry points located at one side A minimum 18 -inch width for path of travel and exiling
purposes will be made clear between patio spaces. In order to accommodate the eastern most patio area, 3
parking spaces must be removed fi 'om the existing parking capacity (according to Overall New Parking Site
Plan). New landscaping will be added to dress the exterior patio area lacing the parking lot of the eastern most
patio space.
Parking Analysis:
Parking Ratios
Due to the tenant mix of file development being over 25% restaurants and to take into consideration the future
capacity needs of the Centel', a new parking ratio of l parking stall per 40 square feet of public use area has been
used to evaluate the parking needs of the proposed expansion.
The existing parking analysis concludes that there is a total 01'366 parking stalls,. 11 of which are handicap stalls,
in the development to be shared among the tenant mix. Based on the existing entitled parking ratios, the
required ngnrber of pa1<iug stalls equals 306 with a surpluS of 60 stalls.
PA2012 -009 for UP2012 -002
4251 Martingale Way, Suite A
F &D Barone, Inc.
5' (/t'r,=! ?>t(lD /lr.u� �71'rn• /.�.rr flLlrl %l. �'
The proposed II Barone Ristorante Expansion, with a new parking ratio of 1 parking stall for every 40 square
feet of public use area, will require 46 parking stalls, which is an increase of 33 over the 14 parking stalls
required by the previous 1 parking stall per 200 square feet of net Boor area. The calculation of the new parking
requirement is based on the following:
Existing Restaurant:
Net Floor Area = 2567sf/200sf = 14 parking stalls
Public Use Area= 1200sf
New Expansion Space:
Net Floor Area = 810sf
Public Use Area = 517sf
New Patio Space:
Net Floor Area = 550sf
Public Use Area = 550sf
New Total Space:
Net Floor Area = 3377sf
Public Use Area = 1717sf + (550 - (1717 *.25 = 430) = 120) = 1837/40 =
46 parking stalls
The 46 required parking stalls, along with the reevaluated parking ratios of the entire development, will equal a
total required parking space number of 345, equating to a parking surplus of 18 stalls out of the 363 stalls
provided, 11 of which are handicap stalls.
Thank you for your time and consideration in this matter. Please contact me if you have any questions or
concerns that I may be able to address for you.
Best regards,
athan Smith
President
New Vision Company
5318 East 2-,a Street 9666
Long Beach. CA 90803
(310) 684 -3140
jds
i,i /,Y�f- `..r.% r1 "/(•�bvr> 11 /I(l(l 1i.r�� P /3, (•.rr (woo
Attachment No. ZA 6
Minor Use Permit No. UP2011 -008
Tmp1e01 -05 -12
Application No.
Applicant
Site Address
Legal Description
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644 -3200 Fax: (949) 644-3229
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Use Permit No. UP2011 -008
(PA2011 -047)
it Barone Ristorante
4251 Martingale Way, Suite A
it Barone Minor Use Permit
P BK 53 PG 13 PAR 1
On July 13, 2011, the Zoning Administrator approved the following: A minor use permit
to amend existing Use Permit 3656 to upgrade the existing Type 41 On -Sale Beer and
Wine ABC license to a Type 47 On -Sale General (Beer, Wine & Distilled Spirits) ABC
License and to extend the operating hours of a Food Service, no late hours
establishment from 9:00 p.m. to 11:00 p.m. Project implementation includes no
construction. The property is located in the Newport Place Planned Community (PC -11).
The Zoning Administrator's approval is based on the following findings and subject to the
following conditions.
REQUIRED FINDINGS
Finding
A. The project has been reviewed, and it qualifies for a categorical exemption
pursuant to Section 15301 of the California Environmental Quality Act under Class
1 (Existing Facilities) of the Implementing Guidelines of the California
Environmental Quality Act.
Facts in Support of Finding
A -1. The Class 1 exemption includes the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or
no expansion of use. The proposed project involves the change of the type
alcohol beverage license and the extension of hours of an existing restaurant
with no construction proposed. Therefore, the existing restaurant use qualifies for
a categorical exemption under Class 1.
it Barone Minor Use Permit
July 13, 2011
Page 2
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal
Code, the following findings and facts in support of the findings for a use permit are set
forth:
Finding
B. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol
Sales of the Zoning Code.
Facts in Support of Finding
B -1. The project has been reviewed and conditioned to ensure that the purpose and
intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and
that a healthy environment for residents and businesses is preserved. The service
of beer, wine and distilled spirits is intended for the convenience of customers
dining at the restaurant. Operational conditions of approval recommended by the
Police Department relative to the sale of alcoholic beverages will ensure
compatibility with the surrounding uses and minimize alcohol related impacts.
B -2. The hours of operation will minimize the potential effects of noise on neighboring
businesses to preserve the health and safety for visitors and other businesses in
the neighborhood.
In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the
following findings and facts in support of the findings for a use permit are set forth:
Finding
C. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding
C -1. The General Plan land use designation for this site is MU -H2 (Mixed -Use
Horizontal). The MU -H2 provides for a horizontal intermixing of uses that may
include regional commercial office, multifamily residential, vertical mixed -use
buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses in
the Airport Area. The existing restaurant, including the proposed Type 47 ABC
license and extended hours of operation, is consistent with this land use category.
C -2. Eating and drinking establishments are common in the vicinity and are
frequented by the surrounding businesses, travelers that visit the City for
business and pleasure (in the Airport Area) and residents of the City alike. The
establishment is compatible with the land uses permitted within the surrounding
neighborhood.
C -4. The subject property is not part of a specific plan area.
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it Barone Minor Use Permit
July 13, 2011
Page 3
Finding
D. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding
D -1. The site is located in the Newport Place (General Commercial Site 6) Planned
Community Zoning District. The restaurant, including the proposed Type 47 ABC
license and extended hours of operation, is allowed subject to the approval of a
minor use permit in the Planned Community.
Finding
E. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity;
Facts in Support of Findinq
E -1. The operation of the restaurant was previously restricted to the closing hour of 9:00
p.m., daily by Condition No. 11 of Use Permit 3656. Extending the closing hour to
11:00 p.m., daily will not create incompatibility with the surrounding uses as the
hour is still not considered late and the surrounding uses are comprised of
commercial businesses and restaurants.
E -2. A restaurant has been operated at this location since the 1970's and pursuant to
Use Permit 3656 since 1999. The use has not proven detrimental to the area. This
demonstrates the location's capability of operating as a compatible use with other
land uses in the vicinity.
E -3. The applicant is required to control trash and litter around the subject property.
E -4. The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages will ensure compatibility with the
surrounding uses and minimize alcohol related impacts. The project has been
conditioned to ensure the welfare of the surrounding community so that the
business remains a restaurant and does not become a bar or tavern. The project
has been conditioned so that no dancing or live entertainment will be permitted
on the premises.
E -5. The applicant has installed a grease interceptor and obtained Health Department
approval. The establishment will comply with the California Building Code and
requirements of the Alcoholic Beverage Control Department to ensure the safety
and welfare of customers and employees within the establishment.
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it Barone Minor Use Permit
July 13, 2011
Page 4
Finding
F. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities; and
Facts in Support of Finding
F -1. The project site is located within an existing retail building and the tenant space
is designed and developed for an eating and drinking establishment. The design,
size, location, and operating characteristics of the use are compatible with the
surrounding neighborhood.
F -2. Adequate public and emergency vehicle access, public services, and utilities are
provided within the existing tenant space.
Findinq
G. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, a safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding
G -1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest
extent possible. The operator is required to take reasonable steps to discourage
and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the subject property and adjacent properties
during business hours, if directly related to the patrons of the establishment.
G -2. The food service, eating and drinking establishment will continue to serve the
surrounding commercial, visitor serving (Airport Area), and business community.
The proposed establishment provides dining services as a public convenience to
the surrounding neighborhood. The continued service of alcohol will provide an
economic opportunity for the property owner to maintain a successful business at
this location in a way which best serves the quality of life for the surrounding
community.
CONDITIONS OF APPROVAL
1. This approval supersedes Use Permit 3656.
2. The development shall be in substantial conformance with the approved site plan
and floor plan dated with this date of approval. (Except as modified by applicable
conditions of approval.)
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it Barone Minor Use Permit
July 13, 2011
Page 5
3. This Use Permit may be modified or revoked by the Zoning Administrator upon
a finding of failure to comply with the conditions set forth in Chapter 20.82 of
the Municipal Code, other applicable conditions and regulations governing the
food establishment, or 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.
4. This. approval is only for the establishment of a Food Service, no late hours
establishment as defined by Title 20 of the Municipal code, as the principal
purpose for the sale or service of food and beverages.
5. Any change in operational characteristics, hours of operation, expansion in
area, or other modification to the approved plans, shall require an amendment
to this Use Permit or the processing of a new Use Permit.
6. This approval was based on the particulars of the individual case and does not
in and of itself or in combination with other approvals in the vicinity or Citywide
constitute a precedent for future approvals or decisions.
7. Use Permit No. UP2011 -008 shall expire unless exercised within 24 months from
the date of approval as specified in Section 20.54.060 (Time Limits and
Extensions) of the Newport Beach Zoning Code, unless an extension is
otherwise granted.
8. Should this business be sold or otherwise come under different ownership, any
future owners or assignees shall be notified in writing of the conditions of this
approval by either the current business owner, property owner or the leasing
company.
9. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
10. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use may be cause for
revocation of this Use Permit.
11. The hours of operation for the eating and drinking establishment are limited from
10:00 a.m. to 11:00 p.m., daily. Any increase in the hours of operation shall be
subject to the approval of an amendment to this Use Permit and may be subject
to approval by the Zoning Administrator or Planning Commission.
12. The "net public area" shall be limited to a maximum of 1,200 square feet in area.
The maximum seating and /or stand -up counter space for no more than 65
customers shall be maintained in the subject eating and drinking
establishment. Any increase in the number of seating and /or stand -up counter
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it Barone Minor Use Permit
July 13, 2011
Page 6
space for customers shall be subject to the approval of an amendment to this
Use Permit issued by the Zoning Administrator.
13. One parking space for each 200 square feet of gross floor area of the tenant
space (14 spaces) shall be provided on -site.
14. No live entertainment or dancing shall be permitted in conjunction with the
permitted use.
15. Employees shall park on -site.
16. The operator of the facility shall be responsible for the control of noise
generated on the subject facility including, but not limited to, noise generated by
patrons and food service operations. Pre - recorded music may be played in the
tenant space, provided exterior noise levels outlined below are not exceeded.
The noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 of the Newport Beach Municipal Code and other applicable
noise control requirements of the Newport Beach Municipal Code. The
maximum noise shall be limited to no more than depicted below for the
specified time period unless the ambient noise level is higher:
17. No amplified music, public address speakers, outside paging system,
loudspeaker, sound system or other noise generating device shall be utilized in
conjunction with this establishment.
18. All mechanical equipment (including rooftop equipment) shall be fully screened
from view of adjacent properties and adjacent public streets, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal
Code, Community Noise Control and shall comply with the height limitations of
the Zoning District.
19. All trash areas shall be screened from the adjoining properties and streets.
20. All proposed signs shall be in conformance with the provisions of Chapter
20.42 of the Newport Beach Municipal Code.
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Between the hours of
7:00 a.m. and 10:00 p.m.
Between the hours of
10:00 p.m. and 7:00 a.m.
interior
exterior
interior
exterior
Measured at the property line of
commercially zoned property:
N/A
65 dBA
N/A
60 dBA
Measured at the property line of
residentially zoned property:
N/A
60 dBA
N/A
50 dBA
Residential property:
45 dBA
55 dBA
40 dBA
50 dBA
17. No amplified music, public address speakers, outside paging system,
loudspeaker, sound system or other noise generating device shall be utilized in
conjunction with this establishment.
18. All mechanical equipment (including rooftop equipment) shall be fully screened
from view of adjacent properties and adjacent public streets, and shall be sound
attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal
Code, Community Noise Control and shall comply with the height limitations of
the Zoning District.
19. All trash areas shall be screened from the adjoining properties and streets.
20. All proposed signs shall be in conformance with the provisions of Chapter
20.42 of the Newport Beach Municipal Code.
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it Barone Minor Use Permit
July 13, 2011
Page 7
21. No temporary "sandwich" signs, banners, balloons or similar temporary signs or
attention attracting devices shall be permitted, either on -site or off-site, to
advertise the food establishment, unless specifically permitted in accordance
with the Sign Ordinance of the Newport Beach Municipal Code, Chapter 20.42.
22. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of
an encroachment permit or encroachment agreement.
23. The area outside of the food establishment, including the public sidewalk, shall
be maintained in a clean and orderly manner. The exterior of the business
including the common seating areas of the shopping center shall be maintained
free of litter and graffiti at all times. The owner or operator shall provide for daily
removal of trash, litter debris and graffiti from the premises and on all abutting
sidewalks within 20 feet of the premises. The operator of the food service use
shall be responsible for the clean -up of all on -site and off -site trash, garbage and
litter generated by the use.
24. Trash receptacles for patrons shall be conveniently located both inside and
outside of the proposed facility, but not located on or within any public property
or right -of -way, unless otherwise approved by the Public Works Department.
25. All trash shall be stored within the building or within dumpsters stored in the
trash enclosure (three walls and a self - latching gate) or otherwise screened
from view of neighboring properties, except when placed for pick -up by refuse
collection agencies. The trash enclosure shall have a decorative solid roof for
aesthetic and screening purposes. The trash dumpsters shall have a top,
which shall remain closed at all times, except when being loaded or while
being collected by the refuse collection agency.
26. The applicant shall ensure that the trash dumpsters and /or receptacles are
maintained to control odors. This may include the provision of either fully self -
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Department. Cleaning and maintenance of trash
dumpsters shall be done in compliance with the provisions of Title 14,
including all future amendments (including Water Quality related
requirements).
27. Storage outside of the building in the front or at the rear of the property (except
within a fully screened enclosure approved by the Planning Department) shall
be prohibited, with the exception of the required trash container enclosure.
28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney's
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it Barone Minor Use Permit
July 13, 2011
Page 8
fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City's approval of
the it Barone Minor Use Permit including, but not limited to, Use Permit No.
UP2011.008 (PA2011 -047). This indemnification shall include, but not be limited
to, damages awarded against the City, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action,
suit or proceeding whether incurred by applicant, City, and /or the parties initiating
or bringing such proceeding. The applicant shall indemnify the City for all of
City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to
the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
29. Kitchen exhaust fans shall be designed to control smoke and odor to the
satisfaction of the Building Department.
30. The applicant shall provide a Type I hood with a kitchen suppression system for
cooking equipment.
31. Grease interceptors shall be installed on all fixtures in the restaurant where
grease may be introduced into the drainage systems, unless otherwise approved
by the Building Department and the Public Works Department. The facility shall
comply with the provisions of Chapter 14.30 of the Newport Beach Municipal
Code for commercial kitchen grease disposal.
32. Provide a washout area with a minimum useable area dimension of 36- inches-
wide, by 36- inches -deep, by 72- inches -high shall be provided inside the facility or
outside of the tenant space in a readily accessible area within a portion of the
screened area or refuse containers in such a way as to allow direct drainage into
the sewer system and not into the Bay or storm drains, unless otherwise
approved by the Building Department and Public Works Department in
conjunction with the approval of an alternative drainage plan.
33. Public sanitation facilities shall be available to the general public (patrons) during
regular business hours of the operation, unless otherwise approved by the
Building Department.
34. The project shall comply with State Disabled Access requirements.
35. The applicant is required to obtain all applicable permits from the City Building
and Fire Departments. The construction plans must comply with the most recent,
City- adopted version of the California Building Code. The facility shall be
designed to meet exiting and fire protection requirements as specified by the
California Building Code and shall be subject to review and approval by the
Building Department.
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36. All exits shall remain free of obstructions and available for ingress and egress
at all times. The facility shall be designed to meet exiting and fire protection
requirements as specified by the California Building Code and shall be subject
to review and approval by the Building Department.
Police Department Conditions
37. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be a Type 47 in conjunction with the service
of food as the principal use of the facility.
38. This approval does not permit the premises to operate as a bar, tavern, cocktail
lounge, or nightclub as defined by the Newport Beach Municipal Code.
39. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
40. There shall be no exterior advertising or signs of any type, including advertising
directed to the exterior from within, promoting or indication the availability of
alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
41. No "happy hour" type of reduced price alcoholic beverage promotion shall be
allowed except when offered in conjunction with food ordered from the full
service menu. There shall be no reduced price alcoholic beverage promotion
after 9:00 p.m.
42. The petitioner shall not share any profits or pay any percentage or commission to
a promoter or any other person based up on monies collected as a door- charge,
cover charge, or any other form of admission charge, including minimum drink
orders or the sale of drinks.
43. The quarterly gross sales of alcoholic beverages shall not exceed the gross
sales of food during the same period. The licensee shall at all times maintain
records, which reflect separately the gross sales of food and the gross sales of
alcoholic beverages of the licensed business. These records shall be kept no
less frequently than on a quarterly basis and shall be made available to the
Police Department on command.
44. There shall be no on -site radio television, video, film, or other electronic or media
broadcasts, including recordings to be broadcasted at a later time, which include
the service of alcoholic beverages, without first obtaining an approved special
event permit issued by the City of Newport Beach.
45. Live entertainment and dancing shall be prohibited as a pact of the regular
operation of the establishment.
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46. No games or contests requiring or involving the consumption of alcoholic
beverages shall be permitted.
47. Food service from the regular menu must be available to patrons up to thirty
(30) minutes before the scheduled closing time.
48. Strict adherence to maximum occupancy limits is required.
49. 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.
50. A Special Events Permit is required for any event or promotional activity
outside the normal operational characteristics of the approved use, as
conditioned, or that would attract large crowds, involve the sale of alcoholic
beverages, include any form of on -site media broadcast, or any other activities
as specified in the Newport Beach Municipal Code to require such permits.
51. Any event or activity staged by an outside promoter or entity, where the
applicant, operator, 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 is prohibited.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights -of -way and waterways) including the
applicant and posted on the subject property at least 10 days prior to the decision date,
consistent with the provisions of the Municipal Code.
APPEAL PERIOD: Use Permit applications do not become effective until 14 days after the
date of action, during which time an appeal may be filed with the Planning Commission
Secretary in accordance with the provisions of the Newport Beach Municipal Code. For
additional information on filing an appeal, contact the Planning Division at 949 644 -3200.
By: �'1/�'�i
Jaim Murillo, Zoning Administrator
JM /msw
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Attachments: Vicinity Map
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VICINITY MAP
Minor Use Permit No. UP2011 -008
PA2011 -047
4251 Martingale Way, Suite A
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f
1
DQ6 KEYNOTE$:
1. EXISTING STREET TO REMAIN,
2. EXISTING CURB CUT PER CITY STANDARDS.
3. ACCESSIBLE PARKING STALL COMPLIANCE SIGNAGE AT DRIVEWAY ENTRANCES INTO
SITE. SEE DETAIL1 /AD -1.
4 4. EXISTING ACCESSIBLE PATH OF TRAVEL FROM STALLS TO PRIMARY ENTRANCE.
APPROVED UNDER BUILDING SHELL PERMIT. FIELD INSPECTOR SHALL VERIFY THAT SITE
COMPLIES WITH DIVISION IV BELOW.
5. EXISTING ZERO 6URB WHEEL CHAIR ACCESS.
6. EXISTING ADA ACCESSIBLE WALK. NOTE MAX SLOPE IN THE DIRECTION OF TRAVEL IS
4.9% MAX CROSS SLOPE NOT TO EXCEED 2 %.
7. EXISTING ADA ACCESSIBLE PARKING STALLS. INSTALLED UNDER SHELL PERMIT. SEE
ENLARGED DETAIL'4 /AD -1.
8. EXISTING PRIMARY BUILDING ENTRANCE -ACCESSIBLE PER ADA & T -24 GUIDELINES.
PROVIDE SIGNAGE PER NOTES ON DETAIL 2 /AD -1,
9. EXISTING BUILDING CONSTRUCTURED UNDER SHELL PERMIT,
10. EXISTING RESTAURANT BUSINESS REQUESTING PLANNING DEPARTMENT APPROVAL FOR
USE PERMIT NUMBER 3656.
11. EXISTING TYPICAL STANDARD PARKING STALL, NO CHANGE.
12. EXISTING PROPERTY LINE.
SHEET (NbEX
ARCHITECTURAL r5
Al -1 -,SITE PLAN, VICINITY MAP AND PROJECT DATA
A2 -1 EXISTING FLOOR PLAN AND DINING ROOM AREA
A2 -2 EXISTING KITCHEN DRAWING AND EQUIPMENT SCHEDULE
)
CODE SUMMARY / PROJECT DATA
EXISTING DINING AREA
1,200 SF
EXISTING SUPPORT AREAS (RESTROOMS, STORAGE) 532 SF
EXISTING KITCHEN,AREA
876 SF
TO] AL AREA:
2,608 SF
OCCUPANCY:
(EXISTING WHEN BUILDING WAS BUILT) A -3
NUMBER OF STORIES
ONE
CONSTRUCTION TYPE:
(EXISTING WHEN BUILDING WAS BUILT) `TYPE VN
FIRE SPRINKLERS:
NONE
FIRE ALARM
NO
OCCUPANT LOADS
65 OCCUPANTS
BUILDING CODES:
2007 CALIFORNIA BUILDING CODE (CBC)
2007 CALIFORNIA MECHANICAL CODE (CMC)
2007 CALIFORNIA ELECTRIC CODE (CEC)
2007 CALIFORNIA PLUMBING CODE (CPC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA FIRE CODE (CFC)
CONSULTANT
PROFESSIONAL SEALS
CONTACT:
Michael Cho, Esq.
Bernard & Associates
3991 MacArthur Blvd., Suite 340
Newport Beach, CA 92660
Phone: 949 -263 -1511
CD
BID
PC
DO
SD 4/27111 SCHEMATIC DESIGN
MARK DATE DESCRIPTION
RGA PROJECT NO: 09174.00
OWNER PROJECT NO: 00000.00
CAD FILE NAME: 09174:00.A1 -1
DRAWN BY: MG
CHK'D BY: DR
COPYRIGHT
RGA, OFFICE OF ARCHITECTURAL DESIGN
SHEET TITLE
SITE PLAN
PA2011 -047 for UP2011 -008
4251 Martingale Way, Suite A
F&D Barone Inc.
i
e
9J
DINING AREA FLOOR PLAN
SCALE: 1/4" -1' -0"
AA
CONSULTANT
PROFESSIONAL SEALS
CONTACT:
Michael Cho, Esq.
Bernard & Associates
3991 MacArthur Blvd., Suite 340
Newport Beach, CA 92660
Phone: 949 -263 -1511
CD
BID
PC
DO
SO 4/27/11 SCHEMAIIC DESIGN
MARK DATE DESCRIPTION
RGA PROJECT NO: 09174.00
OWNER PROJECT NO: 00000.00
CAD FILE NAME: 09174.00.A2 -1 I
DRAWN BY: MG
CHK'D BY: DR
COPYRIGHT
RGA, OFFICE OF ARCHITECTURAL DESIGN
SHEET TITLE
DINING AREA FLOOR PLAN
111 WN tnuel2l,'Nl MR Milli
ITEM ®
QTY.
DESCRIPTION
1
1
MOP SINK & MOP RACK
2
1
S/S SOILED DISHTABLE
3
1
PRISM DISH MACHINE
4
1
S/S CLEAN DISHTABLE
5
1
S/S POT SINK (3- COMPARTMENT)
6
1
PDT RACK
7
WALL SHELF
B
1
VEGETABLE PREP. SINK
9
1
LOT
REFRIGERATOR SHELVING
10
1
LOT
FREEZER SHELVING
11
1
PRE- RINSE
12
1
LOT
DRY STORAGE SHELVING
13
1
CONTINENTAL REFRIGERATOR ##2R
14
1
COFFEE BREWER & MAKER BY COFFEE CO.
15
1
ICE TEA DISPENSER BY OTHERS
16
1
WALL SHELF
17
1
SERVICE COUNTER
18
1
ICE MACHINE E & BIN
19
1
BREAD WARMER
20
1
CHEF'S COUNTER
21
1
JANITOR'S
STORAGE SHELVING BY OTHERS
22
1
S/S WORK SINK
23
1
4 DRAWER PIZZA LIVEN
24
1
6 OPEN BURNERS
25
1
LANG CONVECTION OVEN ##ECCO -05
26
1
JADE 10 OPEN BURNERS ##JP
-1060
27
1
FLAT TOP COOKER
28
1
DEEP FRYER
29
1
EXHAUST HOOD
30
1
BEVERAGE-AIR REACH -IN FREEZER
31
1
WALL SHELF
32
1
S/S WORK TABLE
33
1
HOBART MIXER ##A200 -BENCH MODEL (VERIFY)
34
1
PIZZA PREP. TABLE
35
1
BEKEL SLICER
36
1
UNDERCOUNTER HOLDING CABINET
37
1
WELLS HOT FOOD WELL ##MOD -100TD
38
1
S/S WORK COULTER
39
1
P.O.S.
40
1
S/S COUNTER W /OVERSHELF
41
1
DRINK DISP. BY OWNER
42
1
OPEN S/ S SHELVES
43
1
HAND SINK
44
1
LOT
S/S WALL FLASHING
45
1
AIR CURTAIN BY G.C.
46
1
LOCKERS
BY OWNER
EXISTING KITCHEN FLOOR PLAN AND EQUIPMENT SCHEDULE
Wyniv
CONSULTANT
PROFESSIONAL SEALS
CONTACT:
Michael Cho, Esq.
Bernard & Associates
3991 MacArthur Blvd., Suite 340
Newport Beach, CA 92660
Phone: 949 - 263 -1511
CD
BID
PC
DO
SO 4/27111 SCHEMATIC DESIGN
MARK DATE DESCRIPTION
RGA PROJECT N0: 09174.00
OWNER PROJECT NO: 00000.00
CAD FILE NAME: 09174.00.A2 -2
DRAWN BY: MG
CHK'D BY: DR
COPYRIGHT
RGA, OFFICE OF ARCHITECTURAL DESIGN
SHEET TITLE
EXISTING KITCHEN FLOOR PLAN AND
EQUIPMENT SCHEDULE
SHEET:
Attachment No. ZA 7
Use Permit No. UP3656
Tmp1e01 -05 -12
0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
DATE: June 16, 1999
TO
FROM
SUBJECT:
Mr. Wai Lee
Planning Director
Use Permit No. 3656
PLANNING DEPARTMENT
(949) 644 -3210
NOTICE OF FINAL APPROVAL
Please be advised that Use Permit No. 3656, which was approved by the Planning Commission
at its meeting of May 20,1999, became effective on June 10, 1999. The final findings and
conditions of approval are attached. Any deviation from them or the application and plans on
file in the Planning Department may require an amendment to the application(s) mentioned
above for the project.
Applicant: The Pleasant Peasant French Country Bistro
Location: 4251 Martingale Way, Unit A
Description: Request to allow a remodel and expansion of the kitchen in an existing eating and
drinking establishment. The application also includes a request to allow the addition
of a walk -up service window in conjunction with the existing restaurant operation.
Should you have any questions, please contact our office.
Very truly yours,
PLANNING DEPARTMENT
Patrici L. Temple, rDirirector
By�VQA s
Ging Varin
Executive Secretary Planning Commission
Enclosure: )Rr Approved Planning Commission minutes with Final Findings and Conditions of
Approval
❑ Approved Council minutes with Final Findings and Conditions of Approved
O Approved minutes
cc: Property Owner (if not applicant)
3300 Newport Boulevard, Newport Beach
•
c. City of Newport Beach
Planning Commission Minutes
May 20, 1999
Fuller, Tucker, Ashley,
Noes: N_0re_1
Absent: None
Abstain: None
r +a
FOCOPY
Kranzley and Hoglund
SUBJECT: The Pleasant Peasant French Country Bistro
(Wai Lee, applicant)
• 4251 Martingale Way, Unit A
Request to allow a remodel and expansion of the kitchen in an existing eating
and drinking establishment. The application also includes a request to allow
the addition of a walk -up service window in conjunction with the existing
restaurant operation.
Public Hearing opened.
Wai Lee, applicant, acknowledged that he had read the staff report and
conditions of approval and is in agreementwith the conditions set forth.
Public Hearing closed.
Motion was made by Commissioner Kranzley for approval of Use Permit No.
3656 with the findings and conditions.
Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund
Noes: None
Absent: None
Abstain: None
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use Permit No. 3656
Findings:
1. The Land Use Element of the General Plan designates the site for "Retail
and Service Commercial' uses and a restaurant use is considered a
permitted use within this designation.
2. This project has been reviewed, and it has been determined that it is
categorically exempt under Class 1 (Existing Facilities) requirements of the
California Environmental Quality Act.
3. The approval of Use Permit No. 3656 to permit the expansion of a kitchen
4
INDEX
Item No. 2
Pleasant Peasant
Use Permit No. 3656
City of Newport Beach
Planning Commission Minutes
May 20, 1999 INDEX
and the addition of take -out window service in an existing restaurant will
not, under the circumstances of the case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of persons residing or
working in the neighborhood or be detrimental or injurious to property or
improvements in the neighborhood or the general welfare of the City and
is consistent with the legislative intent of Title 20 of the Municipal Code
and the Newport Place Planned Community District Regulations for the
following reasons:
• The use is compatible with the surrounding commercial uses since
restaurants are typically allowed in mixed commercial districts.
• Conditions have been added to address potential problems
associated with alcoholic beverage service, parking, and noise.
• Adequate on -site parking is available for the existing and proposed
uses.
• The proposed use is a continuation of the existing food service use,
which serves the neighboring commercial uses and visiting tourists in
the area.
• The nearby commercial uses will not be adversely affected by the
proposed kitchen expansion since there are no changes in the
operational characteristics and the hours of operation have been
limited.
• Take -out window service is incidentalto the primary restaurant use.
• The kitchen expansion is an upgrade of the existing facilities to comply
with current building codes and health department standards.
• The subject property currently conforms with regard to parking and
the addition will not affect the parking situation.
• The parking required for the facilitycan be easily accommodated in the
common lot, which operates on a first- come,first- servedor shared basis.
• The design of the proposed improvements will not conflict with any
easements acquired by the public at large for access through or use of
property within the proposed development.
Conditions:
The development shall be in substantial conformance with the
approved site plan, floor plan and elevations, except as noted below.
2. The service of alcoholic beverages shall be restricted to the interior of
the building, and shall not be served at the take - outwindow.
3. The approval is only for the establishmentof a restaurant type facility as
defined by Title 20 of the Municipal Code, as the principal purpose for
the sale or service of food and beverages.
0
City of Newport Beach
Planning Commission Minutes
May 20, 1999
4. The approval of take -out window service shall remain incidental to the
primary interior full- service restaurant function and shall not be
permitted to be open for business when the primary use is not also open
for business.
5. This approval shall not be construed as permission to allow the facility to
operate as a bar or tavern use or as a take -out restaurant use as
defined by the Municipal Code, unless a use permit is first approved by
the Planning Commission.
6. 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 owner or leasing
company.
7. No live entertainmentor dancing shall be permitted in conjunction with
the permitted use.
8. One parking space for each 200 square feet of net floor area (14
spaces) shall be provided on -site.
9. All trash areas shall be screened from adjoining properties and streets.
10. All employees shall park on -site.
11. The hours of operation shall be limited between 10:00 a.m. and 9:00
p.m., daily.
12. No outdoor speaker or paging system shall be permitted in conjunction
with the proposed operation.
13. The exterior of the restaurant including the common seating areas of
the shopping center shall be maintained free of litter and debris at all
times. The restaurant owner or operator shall monitor the premises
including the common area seating locations, and remove any debris
left by patrons of the take -out window on a daily basis.
Standard Reauirements
The project is subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of
approval.
2. Loitering, open container, and other signs specified by the Alcoholic
Beverage Control Act shall be posted as required by the ABC.
13
INDEX
0 0
City of Newport Beach
Planning Commission Minutes
May 20, 1999
3. The on -site parking, vehicular circulation and pedestrian circulation
systems be subject to further review by the City Traffic Engineer.
4. The proposed restaurant facility and related off - street parking shall
conform to the requirementsof the Uniform Building Code.
5. All signs shall conform to the provisions of Chapter 20.06 of the Municipal
Code.
6. All improvements be constructed as required by Ordinance and the
Public Works Department.
7. The project shall complywith State Disabled Access requirements.
8. Public improvements may be required of a developer per Section
20.80.060 of the Municipal Code.
9. Grease interceptors shall be installed on all fixtures in the restaurant
where grease may be introduced into the drainage systems, unless
otherwise approved by the Building Department and the Public Works
Department.
10. The operator of the restaurant facility shall be responsible for the control
of noise generated by the subject facility. The noise generated by the
proposed use shall comply with the provisions of Chapter 10.26 of the
Newport Beach Municipal Code. Upon evidence that noise generated
by the project exceeds the noise standards established by Chapter
20.26 (Community Noise Control) of the Municipal Code, the Planning
Director may require that the applicant or successor retain a qualified
engineer specializing in noise /acousticsto monitorthe sound generated
by the restaurant use and to develop a set of corrective measures
necessary in order to insure compliance.
11. Kitchen exhaust fans shall be designed to control smoke and odor to
the satisfaction of the Building Department.
12. A washout area for refuse containers be provided in such a way as to
allow direct drainage into the sewer system and not into the Bay or
storm drains, unless otherwise approved by the Building Department
and the Public Works Department.
13. 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,
INDEX
City of Newport Beach
Planning Commission Minutes
May 20, 1999
safety, peace, morals, comfort, or general welfare of the community.
14. This Use Permit shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050A of the Newport
Beach Municipal Code.
S JECT: Blockbuster Video Sign (Mark Frank, contact person)
3007 East Coast Highway
Modification No. 4879
Request t permit the installation of a roof sign on a new parapet wall where
the Code li its roof signs to business locations that preclude the effective use of
a pole sign, g\thene n or projecting sign.
Ms. Temple stt the applicant has again asked for another continuance
of this item to meeting on June l Oth.
Motion was made by CoNpmissionerFuller to continue this item to June 10th.
Ayes: Fuller, Tucker, A ley, Selich, Gifford, Kranziey and Hoglund
Noes: None
Absent: None
Abstain: None
SUBJECT: Bettingen Resident Bill Edwards, Architect)
2215 Pacific Drive
• Variance No. 1228
• Modification No. 4908
Request to approve a variance to permit alterat ns and additions to an
existing non - conforming single family dwelling (due to hqightand parking) that
will exceed the height limit in the 24/28 foot Heig Limitation Zone by
approximately 18 feet and exceed the maximum al Iowa b floor area limit on
property located in the R -1 District. The application Iso includes a
modification to the Zoning Code to allow a second floor ay window to
encroach into the required side yard setback area and the of eaves to
encroach within 1 foot of the side property lines.
Ms. Temple stated that the applicant has asked that this item be cants ed to
the next meeting on May 20th.
Motion was made by Commissioner Fuller to continue this item to June 24th.
INDEX
Item No. 3
Modification No. 4879
Continued to June 10th
Item No. 4
Variance No. 1228
Modification No. 4908
a`�WPOR� CITY OF NE &RT BEACH
o ° COMMUNITY and ECONOMIC DEVELOPMENT
I_n PLANNING DEPARTMENT
_ 3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
HeaWg Date:
Agenda Item No.:
Staff Person:
REPORT TO THE PLANNING COMMISSION
May 20, 1999
2
Marc Myers
(949) 644 -3210
14 days
PROJECT: The Pleasant Peasant French Country Bistro (Wai Lee, applicant)
4251 Martingale Way, Unit A
PURPOSE OF
APPLICATION: Request to allow a remodel and expansion of the kitchen in an existing
eating and drinking establishment. The application also includes a request to
allow the addition of a walk -up service window in conjunction with the
existing restaurant operation.
ACTION: Approve, modify or deny:
• Use Permit No. 3656
LEGAL
DESCRIPTION: Parcel 2 of Parcel Map Book 45, Page 25
ZONE: PC (Newport Place Planned Community)
OWNER: MacArthur Square, Irvine
Points and Authority
• Conformance with the General Plan and Zoning Code
The Land Use Element of the General Plan designates the site for 'Retail and Service
Commercial' uses. A restaurant is a permitted use within this designation. The subject
restaurant facility is located in Retail and Service Commercial Site No. 1 of the Newport
Place Planned Community. In accordance with the Newport Place Planned Community
Development Standards, a restaurant use is a permitted use within this designation, as a
support retail commercial use subject to the approval of a use permit.
• Environmental Compliance (California Environmental Quality Act)
It has been determined that the project is categorically exempt under Class 1 (Existing
Facilities).
• Use permit procedures and requirements are set forth in Chapter 20.91 of the Municipal
Code.
• •
VICINITY MAP
Use Permit No. 36561
I Subject Property and Surrounding Land Uses
Current Development:
The subject property is currently occupied by a mixture of retail and restaurant uses in the
MacArthur Square Shopping Center.
To the north:
Across Corinthian Way is the Sheraton Newport Hotel and related parking.
To the east:
Across Martingale Way are office uses.
To the south:
Are additional retail and restaurants uses in MacArthur Square Shopping Center.
To the west:
Across Scott Drive is a free-standing building occupied by a restaurant use.
Use Permit No3656
May 20, 1999
Page 2
0 0
Background
The existing establishment is located on one of three lots comprising the MacArthur Square
Shopping Center, which includes approximately 56,478 square feet of development consisting of a
mixture of retail and assorted commercial uses. The Newport Place Planned Community District
Regulations permit restaurants, other than outdoor, drive -in and take -out, without a use permit
provided the net floor area of all restaurant uses does not exceed 20% of the net floor area of the
retail - commercial center. Restaurant area in excess of 20 % requires approval of a use permit. The
subject restaurant use was established within the 20% limitation. However, the shopping center has
subsequently added restaurant uses in excess of this level.
Analysis
The application is a request to permit the expansion of a kitchen in an existing full- service eating
and drinking establishment, and the addition of a take -out window. The proposal involves the
conversion of a portion of the adjacent retail commercial space, allowing the expansion of the
kitchen, storage area and the restrooms. The new construction will enable the restaurant facility to
become compliant with current building codes and health department standards, and facilitate more
efficient food preparation. As proposed, the remodel expansion will not affect the "net public area'
of the restaurant.
The operational characteristics as currently exist and as proposed are listed in the following table.
Proiect Operational Characteristics Table
' Area devoted to waiting and dining within the facility.
Use Permit No3656
May 20, 1999
Page 3
Proposed.
''Existing
Restaurant Operation
Restaurant Operation
Number of Employees:
9 employees
9 employees
Alcoholic Beverage Service
Yes
Yes
Hours of Operation:
Actual: Lunch
10:00 a.m. to 2:00 p.m. Monday -Friday
10:00 a.m. to 2:00 p.m. Monday - Friday
Dinner
5:00 p.m. to 9:00 p.m. Monday - Saturday
5:00 p.m. to 9:00 p.m. Friday- Saturday
Closed on Sunday
Closed on Sunda
Subject Tenant Space:
2,608 sq. ft.
2,208 sq. ft.
Net Public Area (% of space)':
Bar Area:
N/A
N/A
Dining and Waiting Areas:
1,200 sq. ft.
1,200 sq. ft.
TOTAL:
1.200 sq. ft. (46 %)
1.200 sq. ft. (54%)
Other Area:
Restrooms, Storage, Kitchen
and Service:
1,408 sq. ft. (54 %)
1,008 sq. ft. (45%)
TOTAL AREA:
2 608 sq. ft.
2,208 sq. tL
Parking: Required and Provided
1 space/200 sq. ft.
14 spaces
12 spaces
' Area devoted to waiting and dining within the facility.
Use Permit No3656
May 20, 1999
Page 3
Off - Street Parking
The Newport Place Planned Community District regulations require restaurants, other than outdoor,
drive -in or take -out restaurants, to provide one parking space for each 200 square feet of net floor
area on site, if the net floor area of all restaurants does not exceed 20% of the net floor area of the
retail - commercial center. In the event that any restaurant use causes the total of all restaurant uses
in the retail- commercial center to exceed 20 %, that entire restaurant and any subsequent restaurant
shall provide parking at a ratio consistent with the requirements of Chapter 20 of the Municipal
Code (usually established at 1 space per 40 square feet of net public area).
The original construction of MacArthur Square was parked based on a requirement of 1 space for
each 200 square feet of gross floor area of retail space and 1 parking space for each 40 square feet
of net public area of each freestanding restaurant. Because the subject restaurant is located in a
multi -tenant retail building and was established at a time in which the net floor area of all
restaurants in the shopping center did not exceed the 20% limitation, it is parked at a ratio of 1
space for each 200 square feet. Based on 2,208 square feet of floor area, 12 parking spaces are
required for the existing restaurant.
If analyzed under the one space per 200 square feet standard, no additional parking would be
required in the center because the expansion displaces existing retail floor area. However, the
parking allocated to the restaurant would increase to 14 spaces, due to the expansion of its floor
area. If the one space per 40 square feet of net public area standard is applied, no additional parking
would be required because no net public area is being added. Because the use of the 1 space per
200 square feet standard will increase the number of parking spaces "allocated" to the restaurant,
staff recommends that this standard be applied. Staff is also of the opinion that this restaurant
expansion could possibly reduce parking demand, since the addition is for kitchen and restrooms
only, and retail floor area is being reduced.
Additionally, staff anticipates no parking problems associated with the proposed expansion since, to
staff's knowledge, there have been no problems or complaints associated with circulation, parking
or the existing restaurant operation.
Take -Out Window
Also included in the application is a request to utilize take -out window service with the existing
eating and drinking establishment. The applicant is proposing to install an 18 by 24 inch sliding
window in the existing outside building wall off the kitchen. Since the existing restaurant caters
primarily to lunch business from the surrounding professional and business offices in the area, a
portion of the subject restaurant's business consists of take -out food service. The take -out service
window will offer restaurant patrons the added convenience of picking up food items from outside
the building rather than going inside the building for service.
There is non - exclusive outdoor seating within the common areas of the shopping plaza should
restaurant take -out patrons wish to stay on the premises to eat their food. This could result in
additional trash in the common area. To address this possibility, staff has included a condition
Use Pemdt No3656
May 20, 1999
Page 4
0 0
requiring the restaurant to monitor the common area seating, and remove any debris left by patrons
of the take -out window. With this requirement, staff is of the opinion that the take -out window will
not have a negative impact on the surrounding uses.
Recommendations
Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use
permit, the Planning Commission shall find that the establishment, maintenance or operation of the
use or building applied for will not, under the circumstances of the particular case, be detrimental to
the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the
neighborhood of such proposed use or be detrimental or injurious to property and improvements in
the neighborhood or the general welfare of the City.
In this particular case, based upon the analysis contained in this report, staff is of the opinion that
the findings for approval of the use permit can be made for the proposed kitchen expansion and
take -out window addition within the existing restaurant facility since the addition is not an increase
in the net public area, the number of seats will remain the same, no additional employees will be
hired as a result of the kitchen expansion, the take -out service is incidental to the primary use, and
parking demand for the site can be adequately served by the pool of parking available on site. Issues
related to the restaurant facility with take -out window service have been addressed by restrictions
on the service of alcoholic beverages, hours of operation, live entertainment, outdoor paging and
speaker systems, outdoor dining, noise and trash in the conditions of approval of this Use Permit.
Because of the site's location in a shopping center, with streets separating it on all sides from
additional commercial uses, there is little potential for problems associated with hours of operation
and noise generated by the restaurant operation. The recommended conditions of approval should
control impacts on neighboring properties and uses in the vicinity.
Should the Planning Commission wish to approve Use Permit No. 3656, the findings and
conditions of approval set forth in the attached Exhibit "A" are suggested.
Staff cannot reasonably conceive of findings for denial since the existing restaurant use, in this
particular case, conforms to the requirements of the Title 20 of the Municipal Code, the Newport
Place Planned Community District Regulations and does not appear to have any detrimental effects
on the surrounding neighborhood. However, should information be presented at the public hearing
which would warrant the denial of this application, the Planning Commission may wish to take
such action.
Submitted by: Prepared by:
PATRICIA L. TEMPLE MARC W. MYERS
Planning Director Associate Planner
Attachments: Exhibit "A"
Site Plan, Floor Plan and Elevations
F. \USERS\PLMHARED\I PLANCOM\1999\05- 20\UP3656rpt
Use Pernut No3656
May 20, 1999
Page 5
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use Permit No. 3656
Use Permit No. 3656
Findings:
1. The Land Use Element of the General Plan designates the site for "Retail and Service
Commercial" uses and a restaurant use is considered a permitted use within this
designation.
2. This project has been reviewed, and it has been determined that it is categorically exempt
under Class 1 (Existing Facilities) requirements of the California Environmental Quality
Act.
3. The approval of Use Permit No. 3656 to permit the expansion of a kitchen and the addition
of take -out window service in an existing restaurant will not, under the circumstances of the
case, be detrimental to the health, safety, peace, morals, comfort and general welfare of
persons residing or working in the neighborhood or be detrimental or injurious to property
or improvements in the neighborhood or the general welfare of the City and is consistent
with the legislative intent of Title 20 of the Municipal Code and the Newport Place Planned
Community District Regulations for the following reasons:
• The use is compatible with the surrounding commercial uses since restaurants
are typically allowed in mixed commercial districts.
• Conditions have been added to address potential problems associated with
alcoholic beverage service, parking, and noise.
• Adequate on -site parking is available for the existing and proposed uses.
• The proposed use is a continuation of the existing food service use which
serves the neighboring commercial uses and visiting tourists in the area.
• The nearby commercial uses will not be adversely affected by the proposed
kitchen expansion since there are no changes in the operational characteristics
and the hours of operation have been limited.
• Take -out window service is incidental to the primary restaurant use.
• The kitchen expansion is an upgrade of the existing facilities to comply with
current building codes and health department standards.
• The subject property currently conforms with regard to parking and the
addition will not affect the parking situation.
• The parking required for the facility can be easily accommodated in the common
lot which operates on a fast -come, first -served or shared basis.
• The design of the proposed improvements will not conflict with any easements
acquired by the public at large for access through or use of property within the
proposed development.
Us Pe[mit No3656
May 20, 1999
Page 6
0 0
Conditions:
1. The development shall be in substantial conformance with the approved site plan, floor plan
and elevations, except as noted below.
2. The service of alcoholic beverages shall be restricted to the interior of the building, and
shall not be served at the take -out window.
3. The approval is only for the establishment of a restaurant type facility as defined by Title 20
of the Municipal Code, as the principal purpose for the sale or service of food and
beverages.
4. The approval of take -out window service shall remain incidental to the primary interior full -
service restaurant function and shall not be permitted to be open for business when the
primary use is not also open for business.
5. This approval shall not be construed as permission to allow the facility to operate as a bar
or tavern use or as a take -out restaurant use as defined by the Municipal Code, unless a
use permit is first approved by the Planning Commission.
6. 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
owner or leasing company.
7. No live entertainment or dancing shall be permitted in conjunction with the permitted use.
8. One parking space for each 200 square feet of net floor area (14 spaces) shall be provided
on -site.
9. All trash areas shall be screened from adjoining properties and streets.
10. All employees shall park on -site.
11. The hours of operation shall be limited between 10:00 a.m. and 9:00 p.m., daily.
12. No outdoor speaker or paging system shall be permitted in conjunction with the proposed
operation.
13. The exterior of the restaurant including the common seating areas of the shopping center
shall be maintained free of litter and debris at all times. The restaurant owner or operator
shall monitor the premises including the common area seating locations, and remove any
debris left by patrons of the take -out window on a daily basis.
Use Permit No3656
May 20, 1999
Page 7
0 0
Standard Requirements
The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Loitering, open container, and other signs specified by the Alcoholic Beverage Control
Act shall be posted as required by the ABC.
3. The on -site parking, vehicular circulation and pedestrian circulation systems be subject to
further review by the City Traffic Engineer.
4. The proposed restaurant facility and related off - street parking shall conform to the
requirements of the Uniform Building Code.
5. All signs shall conform to the provisions of Chapter 20.06 of the Municipal Code.
6. All improvements be constructed as required by Ordinance and the Public Works
Department.
7. The project shall comply with State Disabled Access requirements.
8. Public improvements may be required of a developer per Section 20.80.060 of the
Municipal Code.
9. Grease interceptors shall be installed on all fixtures in the restaurant where grease may be
introduced into the drainage systems, unless otherwise approved by the Building
Department and the Public Works Department.
10. The operator of the restaurant facility shall be responsible for the control of noise generated
by the subject facility. The noise generated by the proposed use shall comply with the
provisions of Chapter 10.26 of the Newport Beach Municipal Code. Upon evidence that
noise generated by the project exceeds the noise standards established by Chapter 20.26
(Community Noise Control) of the Municipal Code, the Planning Director may require
that the applicant or successor retain a qualified engineer specializing in noise /acoustics
to monitor the sound generated by the restaurant use and to develop a set of corrective
measures necessary in order to insure compliance.
11. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the
Building Department.
12. A washout area for refuse containers be provided in such a way as to allow direct drainage
into the sewer system and not into the Bay or storm drains, unless otherwise approved by
the Building Department and the Public Works Department.
Use Permit No3656
May 20, 1999
Page 8
Attachment No. ZA 8
Project Plans
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F 8 D BARONE, INC.
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IL BARONE RISTORANTE
4251 MARTINGALE WAY, SUITE A
NEWPORT BEACH, CA 92660
949 - 955 -2755 PH
CONTACT:
JS CONSTRUCTION
9191 SANTIAGO DRIVE
HUNTINGTON BEACH, CA 92645
714 -965 -2735 PH
714 - 962 -2812 FAX
ATTN: JONATHON SMITH
NOTES
1. ALL BUILDING ARE BUILDING SETBACKS ARE EXISTING.
2. ALL PARKING STALLS AND DRIVE LANES ARE EXISTING.
3. ALL TRASH ENCLOSURES ARE EXISTING.
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EXISTING PROVIDED PARKING STALLS: 355 STALLS
EXISTING PROVIDED ACCESSIBLE STALLS: 11 STALLS
REQUIRED STALLS PER CODE: 306 STALLS
OVERALL EXISTING PARKING SITE PLAN
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NEW PARKING STALLS
NEW PROVIDED PARKING STALLS: 352 STALLS
EXISTING PROVIDED ACCESSIBLE STALLS: 11 STALLS
REQUIRED STALLS PER CODE: 345 STALLS
OVERALL NEW PARKING SITE PLAN
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2 BARBERY COAST 4255 MARTINGALE WAY 780 SF
3 KIRO CATERING OFFICE 1660 DOVE STREET 768 SF
4 DR.KONINGH - CHIRO 4255 MARTINGALE WAY 1092 SF _ 4
5 YI DYNASTY 1701 CORINTHIAN WAY 3,700 SF — — 28 — —
6 COREA KALBI KOREAN BBC 1701 CORINTHIAN WAY 700 SF
7 ORANGE CHICKEN 1701 CORINTHIAN WAY 825 SF
8 XCEL SPORT & FITNESS 1660 DOVE STREET 942 SF
9 GWEN DAVID DESIGNS 1701 CORINTHIAN WAY 1,448 SF
10 MARIE ANTIONETTE BRIDAL 1701 CORINTHIAN WAY 920 SF
11 SUNG SIM LYDON, DDS 4250 SCOTT DRIVE 1,185 SF
12 DR. PETER LE, DDS 4250 SCOTT DRIVE 1,274 SF
13 CLEANERS 4250 SCOTT DRIVE 1,650 SF
14 AVANT GARDE BALLROOM II 4220 SCOTT DRIVE 2,922 SF
15 AVANT GARDE BALLROOM II 4220 SCOTT DRIVE (See 14)
16 TAPAS 4253 MARTINGALE WAY 4,208 SF
17 TAPAS _ 4253 MARTINGALE WAY _ 797 SF
18 TAPAS 4253 MARTINGALE WAY 1,250 SF
19 RITTER CHIROPRACTIC 4251 MARTINGALE _1,100 SF
20 A.- VACANT 4251 MARTINGALE 712 SF
20 B.- TALISSE DEVELOPMENT 4251 MARTINGALE 884 SF
21 PILATES 4251 MARTINGALE 480 SF
21 A,-TECH OPTICS 4251 MARTINGALE 480 SF
22 LUXURY NAILS 4251 MARTINGALE 895 SF
23 IL BARONE EXPANSION 4251 MARTINGALE 810 SF
24 IL BARONE RESTAURANT 4251 MARTINGALE 2,567 SF
25 DONUT DEPOT 1660 DOVE STREET 822 SF
26 ARNIE'S MANHATTAN DELI 1660 DOVE STREET 5,500 SF
27 KIRO CATERING 1660 DOVE STREET 474 SF
28 VACANT 1660 DOVE STREET 1,027 SF
29 AVANT GARDE BALLROOM 4220 SCOTT DRIVE - 4,950 SF OVERALL TENANT SITE PLAN
30 HAKKAIDO SEAFOOD BUFFET 4200 SCOTT DRIVE 9,264 SF SCAB-. NTS
TOTAL 56,915 SF N ......i
0' 10. 20' 50' 100'
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34 SEAT CAPACITY
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OVERALL PUBLIC USE AREA FLOOR PLAN
NEW LANDSCAPE PLANTER WALL NOTES:
AREA 1. PLANTERS TO BE PRE -FAB SELF WATERING PLANTER BOXES,
1M 718' SIZE: 2' -0" HIGH X 12" WIDE X DIMENSIONS PER PLAN FOR LENGTH
2. PLANTS TO BE HEDGE TYPE MATERIAL WITH AT FULL GROWTH,
APPROX 30" TALL
^v if%A / NEW OUTDOOR
DINING AREA
• /' - 55C SF
f 42 SEAT CAPACITY
XIffiMG
ory 4
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1,200 SF
fi55EAT CAPACITY
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PUBLIC USE AREAS AREAS STALLS
",, EXISTING INTERIOR PUBLIC USE SEATING AREA: 1,200 SF 30 STALLS
E (1 STALLS PER 40 SF OF AREA)
NEW INTERIOR PUBLIC USE SEATING AREA: 517 SF 13 STALLS
(1 STALLS PER 40 SF OF AREA)
_II --
NEW EXTERIOR PUBLIC USE SEATING AREA: 550 SF 3 STALLS
_ 1,717 SF X 0.25% = 430 SF
Q 550 SF - 430 SF = 120 SF, THUS 120 SF / 40 SF=
TOTAL STALLS REQUIRED: 46 STALLS