HomeMy WebLinkAbout05 - Eat Chow Outdoor MUP_PA2013-034�EWPOo COMMUNITY DEVELOPMENT DEPARTMENT
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PLANNING DIVISION
U$ 100 Civic Center Drive, Newport Beach, CA 92660
(949) 644 -3200 Fax: (949) 644-3229
cgCIFORN�P www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
April 11, 2013
Agenda Item No. 5
SUBJECT: Eat Chow Outdoor Dining Minor Use Permit - (PA2013 -034)
211 62nd Street
Minor Use Permit No. UP2013 -005
APPLICANT: Brian McReynolds
PLANNER: Benjamin M. Zdeba, Assistant Planner
(949) 644 -3253, bzdeba @newportbeachca.gov
ZONING DISTRICT /GENERAL PLAN
• Zone: CV (Commercial Visitor - Serving)
• General Plan: CV (Visitor- Serving Commercial)
PROJECT SUMMARY
A minor use permit to allow four seats (50 square feet) for the purpose of outdoor dining
to an existing eating and drinking establishment. There are no late hours (after 11:00
p.m.) and no other operational changes are proposed as part of the application. Use
Permit No. UP2010 -027 for the establishment of Eat Chow Restaurant was approved on
December 2, 2010, by the Zoning Administrator and has been operating since early to
mid 2011.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2013 -005 (Attachment No. ZA 1).
DISCUSSION
• The proposed project is a request to add a new 50- square -foot outdoor dining
area (four seats) to an existing restaurant (eating and drinking establishment).
The eating and drinking establishment is a use typically found within this type of
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April 11, 2013
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commercial development and is consistent with the land uses permitted within
the Commercial Visitor - Serving (CV) Zoning District and the Visitor - Serving
Commercial (CV) General Plan Land Use Element category. The outdoor dining
area will provide an added amenity to customers of the restaurant and may serve
to attract additional customers.
• Pursuant to Section 20.40.040 (Off- Street Parking Spaces Required), outdoor
dining areas that contain 25 percent of the interior net public area or less may be
excluded from requiring additional parking. The existing eating and drinking
establishment contains 600 square feet of interior net public area. The proposed
50- square -foot outdoor dining area is less than 25 percent of the interior net
public area (600 sq. ft. x 0.25 = 150 sq. ft.); therefore, additional parking is not
required.
• There are no other changes proposed to the existing operational characteristics
of the eating and drinking establishment. This minor use permit will supersede
Use Permit No. UP2010 -027. All previous, pertinent conditions of approval will
remain in full force and effect.
• Staff believes the project is compatible with existing and allowed uses within the
commercial and neighboring residential areas. Conditions of approval are
provided in the draft resolution so that the potential for negative impacts from its
operation is minimized.
• If approved, this minor use permit will supersede existing Use Permit No.
UP2010 -027 (PA2010 -136).
ENVIRONMENTAL REVIEW
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. The
Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves the addition of four
seats for a new outdoor dining area, a negligible expansion of use, for an existing eating
and drinking establishment.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, 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.
Additionally, the item appeared on the agenda for this meeting, which was posted at
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City Hall, 3300 Newport Boulevard, Newport Beach, CA 92663 and, the agenda and
staff report were available at the Newport Beach Public Library, Mariners Branch, at
1300 Irvine Avenue, Newport Beach, CA 92660.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within fourteen (14)
days following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644 -3200.
Prepared by:
.
Be ja i M. eba
As t tant Planner
GRlbmz
Attachments: ZA 1
ZA 2
ZA 3
ZA 4
ZA 5
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Draft Resolution
Vicinity Map
Previous UP2010 -027 (PA2010 -136)
Applicant's Description
Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2013 -DRAFT
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2013 -005 TO ALLOW OUTDOOR DINING AT EAT
CHOW, AN EXISTING EATING AND DRINKING
ESTABLISHMENT LOCATED AT 211 62ND STREET (PA2013-
034)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Brian McReynolds, with respect to property located at 211
62nd Street, and legally described as Parcel A of Lot Line Adjustment No. LLA_2005 -012
requesting approval of a minor use permit.
2. The applicant proposes an amendment to a use permit to allow four seats (50 square
feet) for the addition of an outdoor dining area at an existing eating and drinking
establishment approved by Use Permit No. UP2010 -027 (PA2010 -136). There are no
late hours (after 11:00 p.m.) and no other operational changes are proposed as part of
the application.
3. The subject property is located within the Commercial Visitor - Serving (CV) Zoning District
and the General Plan Land Use Element category is Visitor - Serving Commercial (CV).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Visitor- Serving Commercial (CV -A).
5. A public hearing was held on April 11, 2013 in the Corona del Mar Conference Room
(Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach, California. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. 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. 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.
The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use.
2. The proposed project involves the addition of four seats to a new outdoor dining area,
a negligible expansion of use, for an existing eating and drinking establishment.
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SECTION 3. REQUIRED FINDINGS.
Minor Use Permit
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
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding
1. The existing business operates as a food service, eating and drinking
establishment (no late hours) and is located on a, highly-traversed section of West
Coast Highway east of the Santa Ana Rivet° Bridge and west of the Newport
Boulevard onramp.
2. The General Plan land use designation for the site is CV (Visitor- Serving
Commercial), which is intended to provide for accommodations, goods, and
services intended to primarily serve visitors to the City.
3. The proposed outdoor dining area is consistent with the General Plan Visitor -
Serving Commercial (CV) land use designation, as it is intended to serve food and
beverage products to residents and visitors.
4. 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 the Commercial Visitor - Serving (CV) Zoning District of
the Newport Beach Zoning Code. The intent of this district is to provide for
accommodations, goods, and services intended to primarily serve visitors to the
City. The proposed outdoor dining area for the existing eating and drinking
establishment will help to attract those traveling on West Coast Highway and
will add an amenity to serve both residents and visitors.
2. Pursuant to Section 20.20.020 (Table 2 -5 Allowed Uses and Permit
Requirements), the proposed project requires approval of a minor use permit,
because it is located within 500 feet of the residential zoning districts located
north and south of the subject site.
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3. The proposed use complies with Section 20.48.090 (Eating and Drinking
Establishments) relating to required operating standards, and conditions of
approval are included in this approval to maintain those requirements.
4. Pursuant to Section 20.40.040 (Off- Street Parking Spaces Required), outdoor
dining areas that contain 25 percent of the interior net public area or less may
be excluded from requiring additional parking. The existing eating and drinking
establishment contains 600 square feet of interior net public area. The
proposed 50- square -foot outdoor dining area is less than 25 percent of the
interior net public area (600 sq. ft. x 0.25 = 150 sq. ft.); therefore, additional
parking is not required.
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 proposed project does not involve any alteratio to the existing eating and
drinking establishment and there are no other proposed changes to the
operational characteristics of the eating and drinking establishment. Conditions
of approval have been included to ensure any additional changes are reviewed
separately.
2. The proposed outdoor dining area will attract more customers and will provide
an additional amenity for the existing eating and drinking establishment.
4. The proposed outdoor dining area will be located within a small area of the
existing parking lot area serving the commercial building; however, no parking
spaces or traffic circulation will be compromised.
5. Although it is located less than 500 feet from a residential district directly to the
north (within approximately 30 feet), the outdoor dining area is buffered by a
portion of the existing building and a public right -of -way. As conditioned, use of
the outdoor dining area will cease at 9:00 p.m. to mitigate potential noise
impacts. The applicant is also required to control trash and litter around the
subject property.
6. The applicant is required to comply with the California Building Code to ensure the
safety and welfare of customers and employees of the establishment.
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.
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Facts in Support of Finding
1. The existing building and parking lot have functioned satisfactorily with the
current configuration. City Fire and Police Departments have reviewed the
plans and the proposed outdoor dining area is not anticipated to negatively
affect emergency access.
2. The existing eating and drinking establishment will not be altered as part of this
application. Adequate public services and utilities are provided within the
surrounding area.
3. Any work conducted on the project site will comply with all Building, Public
Works, and Fire Codes. All ordinances of the City and all conditions of approval
will be complied with.
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 this approval includes conditions 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 restrictions on seating, hours, and alcohol service will help to prevent adverse
impacts for the surrounding residential and commercial uses.
3. The proposed outdoor dining area will add an amenity to the existing eating and
drinking establishment and will help to further the goals of the General Plan and
Zoning Code with respect to the Commercial Visitor - Serving (CV) designations.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2013 -005, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
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2. This resolution supersedes Use Permit No. UP2010 -027 which, upon vesting of the
rights authorized by this minor use permit, shall become null and void.
3. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 11TH DAY OF APRIL, 2013.
Brenda Wisneski, AICP, Zoning Administrator
Y
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EXHIBIT "A"
CONDITIONS OF APPROVAL
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. This approval shall supersede any previous use permits at this location, including Use
Permit No. UP2010 -027.
3. The outdoor dining area shall be limited to 50 square feet.
4. The interior net public area shall be limited to a maximum of 600 square feet. The
number of seats shall be limited to a maximum of 36.
5. The hours of operation for the interior of the restaurant shall be limited to between the
hours of 7:00 a.m. and 11:00 p.m., Friday and Saturday, and of 7:00 a.m. and 10:00
p.m. Sunday through Thursday; and any increase in the hours of operation shall be
subject to the approval of an amendment to this use permit.
6. Operation of the outdoor dining area shall be limited to the hours between 7:00 a.m. and
9:00 p.m., daily.
7. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. This Minor Use Permit may be modified or revoked by the Zoning Administrator if
determined 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.
9. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an subsequent review and may require an
amendment to this Minor Use Permit or the processing of a new Use Permit.
10. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code.
11. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
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12. No outside paging system shall be utilized in conjunction with this establishment.
13. No live entertainment shall be permitted in conjunction with the permitted use.
14. No dancing shall be permitted in conjunction with the permitted use.
15. Storage outside the building in the front or at the rear of the property shall be prohibited,
with the exception of the required trash container enclosure.
16. All trash shall be stored within the building or within public dumpsters provided for the
convenience of businesses in the area, or otherwise screened from view of neighboring
properties except when placed for pick -up by refuse collection agencies. 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.
17. The tenant shall maintain the trash dumpsters or receptacles so as to control odors
which may include the provision of fully self- contained dumpsters or may include periodic
steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Trash
generated by the establishment shall be adequately contained in sealed plastic bags to
control odors prior to placement in the trash dumpster.
18. The area outside of the food establishment, including the public sidewalks, walkways or
common walkways, shall be maintained in a clean and orderly manner. The operator of
the food service establishment shall be responsible for the clean -up of all on -site and off-
site trash, garbage and litter generated by the use. The proprietor shall direct his /her
employees to actively monitor the public sidewalk and street immediately adjacent to the
subject food use facility in addition to the on -site parking lot for any trash or litter. All
trash or litter generated by the subject establishment shall be picked up on a regular
basis, and during the summer months may require hourly policing of the area outside of
the building.
19. All deliveries shall be conducted on -site through the front entrance. Deliveries and refuse
collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00
a.m., daily, unless otherwise approved by the Community Development Director.
20. Use of the facility's rear door for deliveries shall be prohibited. During the end of the
business day, the rear door may be utilized to access the trash enclosure for disposing
the remaining refuse accumulated by the facility. The rear doors of the facility shall
remain closed at all times. The use of the rear door shall be limited to employee use
only. Ingress and egress by patrons is prohibited unless there is an emergency.
21. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter
10.26 (Community Noise Control) of the Newport Beach Municipal Code.
22. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
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in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
23. 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 Eat Chow Outdoor Dining MUP including, but not
limited to, the Minor Use Permit No. UP2013 -005 (PA2013 -034). 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.
Building Division
24. A covered wash -out area for refuse containers and kitchen equipment, with minimum
usable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be
provided inside of the establishment, and the area shall drain directly into the sewer
system, unless otherwise approved by the Chief Building Official and Public Works
Director in conjunction with the approval of an alternate drainage plan.
25. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
Public Works Department
26. All items related to the outdoor dining area shall be maintained on private property and
shall not encroach onto the public sidewalk and right -of -way.
27. Any changes to the existing parking lot design require review and approval from the
Public Works Department.
Police Department
28. The service and /or sale of alcohol shall be prohibited within the outdoor dining area.
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29. A Special Event 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, include any form of on -site media broadcast, or any other
activities as specified in the Newport Beach Municipal Code to require such permits.
30. All owners, managers, and employees selling, serving, or giving away alcoholic
beverages shall successfully complete a Licensee Education on Alcohol and Drugs
(LEAD) program sponsored by the Department of Alcoholic Beverage Control. The
establishment shall comply with the requirements of this section within 180 days of the
effective date of this use permit. 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.
31. Approval does not permit the premises to operate as bar, tavern, cocktail lounge, or
nightclub as defined by the Municipal Code, un the Planning Commission first
approves a conditional use permit.
32. No alcoholic beverages shall be consumed on any ferty adjacent to licensed
premises under the control of the licensee.
33. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
34. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink orders or the sale of drinks.
35. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
36. There shall be no on -site radio, television, video, film, or other electronic media
broadcast, including recordings to be broadcasted at a later time, without first obtaining
an approved Special Event Permit issued by the City of Newport Beach.
37. Food service from the regular menu must be available to patrons until the close of the
restaurant.
38. Strict adherence to maximum occupancy limits is required.
39. The use of private (enclosed) "VIP" rooms or any other temporary or permanent
enclosures separate from public areas are prohibited.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
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Eat
Minor Use Permit No. UP2013 -005
PA2013 -034
211 62nd Street
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Attachment No. ZA 3
Previous UP2010 -027 (PA2010 -136)
21
22
Application No.
Applicant
Site Address
Legal Description
ZONING ADMINISTRATOR ACTION LETTER
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644 -3200 FAX (949) 644 -3229
Use Permit No. UP2010 -027 (PA2010 -136)
Eat Chow Restaurant
211 62nd Street
Eat Chow Restaurant
Lot 8, Block 2 , Seashore Colony Tract
On December 2, 2010, the Zoning Administrator approved the following: A use permit
application for the expansion of an existing restaurant with a Type 41 ABC License
(Beer and Wine). The hours of operation are from 7:00 a.m. to 11:00 p.m., Friday and
Saturday, and 7:00 a.m. to 10:00 p.m., Sunday through Thursday. The restaurant is
expanding into the adjacent suite (213A), which was previously a nail salon. The
existing Use Permit No. UP 2081 allowed for a restaurant with alcohol sales and a
parking waiver of 20 spaces. The property is located in the Commercial Visitor - Serving
(CV) District. The approval is based on the following findings and subject to the following
conditions.
FINDINGS
1. This project conforms to the requirements of the California Environmental Quality
Act (CEQA).
Facts in support of finding:
The project is categorically exempt from the requirements of the CEQA under Class 1
(Existing Facilities), which exempts the ongoing use of existing commercial buildings
where there is negligible or no expansion of use. The proposed project involves interior
alterations and the change in use of one suite.
2. The use is consistent with the General Plan and any applicable specific plan.
Facts in support of finding:
0 The project site is designated as Visitor Serving Commercial (CV) by the Land
Use Element of the General Plan. The proposed project is consistent with the CV
land use category, which is intended to provide for accommodations, goods, and
services intended to primarily serve visitors to the City. The proposed restaurant
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Eat Chow Restaurant
December 2, 2010
Page 2
use is a visitor- serving use that will serve visitors as well as part-time and full -
time residents.
The subject property is not part of a specific plan area.
3. 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:
The subject property is located in the Commercial Visitor - Serving (CV) Zoning
District. Subject to the approval of a minor use permit by the Zoning
Administrator, a Food Service use is permitted within this district pursuant to
Chapter 20.20 (Commercial Zoning Districts) of the Zoning Code. Use permits
enable the City to control certain uses which could have detrimental effects if not
compatible with uses on adjoining properties and in the surrounding area. The
proposed restaurant is compatible and complements the uses in this district,
including the other restaurants, hotels /motels, and retail stores in the West
Newport area, The proposed application does not present any conflicts with the
purpose and intent of this district.
The proposed use complies with Section 20.48.090 (Eating and Drinking
Establishments) in regards to the operating standards. If approved, this Use
Permit will be conditioned to maintain the requirements of Section 20.48.090.
Section 20.40.060 (Parking Requirements for Food Service Uses) establishes
criteria to determine the parking requirement for food uses from 1 parking space
for every 30 -50 square feet of net public area. Based on the physical design
characteristics, operational characteristics, and location of the establishment, a
parking requirement of 1 space for every 50 square feet of net public area is
sufficient. The gross floor area of the proposed use is approximately 1,600
square feet. The proposed use will not have live entertainment, dancing, a bar,
or pool tables. The potential for walk -in customers is high based on the proximity
to other commercial uses, residential uses, and the beach. Furthermore, West
Coast Highway has parking metered spaces in the vicinity.
4. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity.
Facts in support of finding:
The proposed project is located within a nonresidential zoning district, but is
adjacent to residential uses across Newport Shores Drive. The parking lot and
primary openings to the restaurant are not oriented toward the residential
properties. The operational characteristics are that of a coffee shop and
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Eat Chow Restaurant
December 2, 2010
Page 3
restaurant, and the establishment will not be open late or act as a bar or
nightclub.
5. 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:
The lot is 60 feet by 90 feet (5,400 square feet in area), and is developed with a
three - tenant building and surface parking lot containing 7 parking spaces. The
existing building and parking lot have functioned satisfactorily with the current
configuration. The proposed project includes interior alterations and a change in
use of one suite and will not negatively affect emergency access. The lot is a
corner lot and has doors on two sides of each suite.
6. 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, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in support of finding:
The hours of operation of the facility of 7:00 a.m. to 11:00 p.m., F riday and
Saturday, and 7:00 a.m. to 10:00 p.m., Sunday through Thursday, will limit any late -
night noise impacts on the neighboring residential uses.
o The conditions imposed on the use will reduce any possible detriment to the
community by ensuring continued consistency with the intent and purpose of the
Municipal Code.
The restrictions on seating and net public area prevent adverse traffic impacts for
the surrounding residential and commercial uses, and patrons who are nearby
residents or visitors to the area will likely walk or ride a bicycle to the restaurant.
Bus stops are also located in the vicinity.
The existing parking lot provides seven (7) parking spaces, including one ADA
accessible parking space. The subject property is nonconforming due to
deficient off - street parking; however the nonconforming status is not intensified
by the proposed use. Pursuant to Section 20.38.060 (Nonconforming Uses and
Structures — Nonconforming Parking) of the Municipal Code, nonconforming uses
in nonresidential districts may be changed to a new use provided no
intensification occurs. Suite 211 is currently approved for a restaurant use and is
expanding into Suite 213A. When Use Permit No. UP2081 was approved, the
parking requirement for that use (located in Suite 211) was twenty two (22)
parking spaces. In conjunction with the restaurant approval, a waiver of 20
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Eat Chow Restaurant
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parking spaces was approved. The previous use of the suite that the restaurant
use is expanding into (213A) was a nail salon that required 1 parking space per
80 square feet of gross floor area (seven parking spaces). The proposed
restaurant with the expansion does not require any more parking than what was
previously approved for the restaurant in Suite 211. The proposed restaurant,
including the expansion, requires twelve (12) parking spaces at the rate of one
space per 50 square feet of net public area.
7. The project is consistent with the purpose and intent of Section 20.48.030 (Alcohol
Sales).
Facts in support of finding:
The subject property is located in Reporting District 17 (RD 17). The Part One
Crimes crime rate in RD 17 is lower than in the adjacent reporting districts (RD 15
and RD 16), and higher than the City overall.
o The number of alcohol - related calls for service, crimes, or arrests in RD 17 is lower
than in the adjacent reporting districts (RD 15 and RD 16). RD 17 amounts to
2.68% of the DUI/Drunk arrests made in the entire City.
District
Part One Crimes
Part Two Crimes
Part One Crimes
Reporting District
(Serious offenses)
(All other offenses)
Rate (per 100,000
15
361
796
people)
17
106
55
4,956.25
15
343
242
11, 506.43
16
167
107
6,003.49
Newport Beach
2,884
3,350
3,297.31
o The number of alcohol - related calls for service, crimes, or arrests in RD 17 is lower
than in the adjacent reporting districts (RD 15 and RD 16). RD 17 amounts to
2.68% of the DUI/Drunk arrests made in the entire City.
District
DUI /Drunk Arrests
Total Arrests
Calls for Service
-Reporting
17
34
126
1,991
15
361
796
6,663
16
110
323
3,261
Newport Beach
1,270
3,595
69,294
The subject property is located near residential, but the building is oriented towards
the parking lot. The nearest park and recreation facility is across from West Coast
Highway, which is a major road with six (6) lanes. No day care centers, hospitals,
places of worship, schools, other similar uses, or any uses that attract minors are
located near the subject property.
The subject property is located in the West Newport area, which contains
restaurants and retail stores that sell alcoholic beverages. There are six (6) active
ABC Licenses in RD 17.
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Eat Chow Restaurant
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The subject use does not have any current objectionable conditions, including
any recent violations or complaints.
CONDITIONS
1. Development shall be in substantial conformance with the approved site plan,
floor plan and elevation(s), except as noted in the following conditions.
2. This approval shall supersede any previous use permits at this location, including
Use Permit No. UP 2081.
3. The counter located within the coffee sales side of the restaurant is limited to 45
inches in height.
4. Any addition of seats and /or stand -up counter space for customers shall be
subject to the approval of an amendment to this use permit. Any patron seating
or stand -up counter located inside or outside of the facility on the subject
property or on public property (including sidewalks, streets and /or park property)
is prohibited.
5. The net public area shall be limited to a maximum of 600 square feet. The
number of seats shall be limited to a maximum of 36.
6. The hours of operation shall be limited to between the hours of 7:00 a.m. and
11:00 p.m., Friday and Saturday, and of 7:00 a.m. and 10:00 p.m. Sunday
through Thursday; and any increase in the hours of operation shall be subject to
the approval of an amendment to this use permit.
7. The applicant is required to obtain all applicable permits from the City Building and
Fire Departments. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet
all applicable State Disabilities Access requirements. Approval from the Orange
County Health Department is required prior to the issuance of a building permit.
8. The facility shall comply with the provisions of Chapter 14.24 of the Newport
Beach Municipal Code for Sewer Connection, Permits, as determined by the
Building Department and the Utilities Department. Cleanout shall comply with
Public Works Standard -406 -L regarding sewer lateral cleanouts.
9. The project requires the installation of a grease interceptor.
10. A covered wash -out area for refuse containers and kitchen equipment, with
minimum useable area dimensions of 36- inches wide, 36- inches deep and 72-
inches high, shall be provided inside of the establishment, and the area shall
drain directly into the sewer system, unless otherwise approved by the Building
Director and Public Works Director in conjunction with the approval of an
alternate drainage plan.
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Eat Chow Restaurant
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11. Any changes to the existing parking lot design require review and approval from
the Public Works Department.
12. An encroachment permit is required for all work activities within the public right -of-
way.
13. 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.
14. The kitchen hood shall be a Type 1 with UL 300 compliant kitchen suppression
system.
15. A Special Event 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.
16. All owners, managers, and employees selling, serving, or giving away alcoholic
beverages shall successfully complete a Licensee Education on Alcohol and Drugs
(LEAD) program sponsored by the Department of Alcoholic Beverage Control. The
establishment shall comply with the requirements of this section within 180 days
of the effective date of this use permit. 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.
17. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge,
or nightclub as defined by the Municipal Code, unless the Planning Commission
first approves a use permit.
18. No alcoholic beverages shall be consumed on any property adjacent to licensed
premises under the control of the licensee.
19. No "happy hour" type of reduced price alcoholic beverage promotion shall be
allowed except when served in conjunction with food ordered for the full service
menu. There shall be no reduced price alcoholic beverage promotion after 9 p.m.
20. Petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or
the sale of drinks.
21. 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,
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which reflect separately the gross sales of food and the gross sales of alcoholic
beverages of the licensed business. These records shall be kept no less frequently
than on a quarterly basis and shall be made available to the Police Department on
demand.
22. There shall be no on -site radio, television, video, film, or other electronic media
broadcast, 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.
23. No live entertainment shall be permitted in conjunction with the permitted use.
24. No dancing shall be permitted in conjunction with the permitted use.
25. No games or contests requiring or involving the consumption of alcoholic
beverages shall be permitted.
26. Food service from the regular menu must be available to patrons until the close of
the restaurant.
27. Strict adherence to maximum occupancy limits is required.
28. The use of private (enclosed) "VIP" rooms or any other temporary or permanent
enclosures separate from public areas are prohibited.
29. No outside paging or sound system shall be utilized in conjunction with this food
service establishment.
30. Storage outside the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
31. Trash receptacles for patrons shall be conveniently located both inside and
outside of the proposed facility; however shall not be located on or within any
public property or right -of -way.
32. The area outside of the food establishment, including the public sidewalks,
walkways or common walkways, shall be maintained in a clean and orderly
manner. The operator of the food service establishment shall be responsible for the
clean -up of all on -site and off -site trash, garbage and litter generated by the use.
The proprietor shall direct his /her employees to actively monitor the public sidewalk
and street immediately adjacent to the subject food use facility in addition to the on-
site parking lot for any trash or litter. All trash or litter generated by the subject
establishment shall be picked up on a regular basis, and during the summer
months may require hourly policing of the area outside of the building.
33. All trash shall be stored within the building or within public dumpsters provided for
the convenience of businesses in the area, or otherwise screened from view of
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Eat Chow Restaurant
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neighboring properties except when placed for pick -up by refuse collection
agencies. 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.
34. The tenant shall maintain the trash dumpsters or receptacles so as to control odors
which may include the provision of fully self- contained dumpsters or may include
periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Department. Trash generated by the establishment shall be adequately contained
in sealed plastic bags to control odors prior to placement in the trash dumpster.
35. Prior to the issuance of building permits, the trash enclosure design shall be
approved by the Planning Department in conformance with Zoning Code Section
20.30.120. The trash enclosure shall be enclosed by masonry walls; a self closing,
self latching, metal gate; landscaping; and a decorative, solid roof for aesthetic and
screening purposes. The design of the enclosure shall be integrated with the design
of the other on -site buildings and structures.
36. Use of the facility's rear door for deliveries shall be prohibited. During the end of
the business day, the rear door may be utilized to access the trash enclosure for
disposing the remaining refuse accumulated by the facility. The rear doors of the
facility shall remain closed at all times. The use of the rear door shall be limited to
employee use only. Ingress and egress by patrons is prohibited in unless there is
an emergency.
37. All deliveries shall be conducted on -site through the front entrance. Deliveries
and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m., daily, unless otherwise approved by the Planning
Director.
38. All graffiti shall be removed within 48 hours of notification from the City.
39. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter
10.26 of the Newport Beach Municipal Code (Community Noise Control).
40. All signs shall conform to the provisions of Chapter 20.42 of the Municipal Code
(Sign Standards) or any applicable comprehensive sign program that is applicable
to the subject property.
41. No temporary "sandwich" signs, balloons or similar temporary signs shall be
permitted, either on -site or off -site, to advertise the proposed food establishment,
unless specifically permitted in accordance with the Sign Ordinance of the
Municipal Code. Temporary signs shall be prohibited in the public right -of -way,
unless otherwise approved by the Public Works Department in conjunction with the
issuance of an encroachment permit or encroachment agreement.
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42. Window signs shall not obstruct the view of the interior of the premises (e.g., sales
counter, cash register, employees, customers, etc.) from the exterior.
43. Loitering, open container, and other signs specified by the Alcoholic Beverage
Control Act shall be posted as required by the ABC.
44. Should this business be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, the leasing company, or property owner.
45. The owner /operator shall maintain a copy of the most recent City permit conditions
of approval on the premises and shall post a notice that these are available for
review on the premises. The posted notice shall be signed by the permittee.
46. The project is subject to all applicable City ordinances, policies, and standards,
unless specifically waived or modified by the conditions of approval.
47. 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.
48. 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.
49. 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 Department.
50. 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 Eat Chow Restaurant including, but not limited to, the Use Permit No.
UP2010 -027. 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.
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Eat Chow Restaurant
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51. The Zoning Administrator and /or Planning Commission may add to or modify
conditions to this approval, or revoke this approval upon a finding of failure to
comply with the conditions set forth in Chapter 20.48 of the Municipal Code or other
applicable conditions and regulations governing the eating and drinking
establishment.
52. This approval shall expire unless exercised within 24 months from the end of the
appeal period, in accordance with Section 20.54.060 of the Newport Beach
Municipal Code.
APPEAL PERIOD
The applicant or any interested party may appeal the decision of the Planning Director,
Zoning Administrator and department staff to the Planning Commission by a written
request to the Planning Director within 14 days of the action date. A $4,280.00 filing fee
shall accompany any appeal filed. For additional information on filing an appeal, contact
the Planning Department at 949 644 -3200.
By: ATiJ��""^�. -L
Gregg B. RaTifre z, Zoning Admiry' trator
PJA/fn
Attachments: ZA 1 Vicinity Map
ZA 2 Applicant's Project Description
ZA 3 Project Plans
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IM I M
Tmplt 09/21/10.
Use Permit No. UP2010 -027
PA2010 -136
• < ill (�f i ` MIA
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33
Newport Beach Planning Department 9/27/10
Attn: Jim Campbell, Director
RE: 27.1 62nd Street remodel — Eat Chow Cafe
Project: description and justification for Directors Use Permit
Project Description:
Request to build Eat Chow Cafe at 21162"0 Street in Newport Shores in the same space that
was previously approved for the Salud Mexican restaurant in 2005. The new Eat Chow cafe will
be located in units 211 & 2136 in the commercial strip mall at the above address. The new Eat
Chow will offer breakfast, lunch, and dinner. Our proposed hours of operation are 7 am to 17.
pm. We will also be applying for an ABC class 41 wine & beer license, which was approved for
the last 4 occupants of the 211 space. Our caf6 is neighborhood oriented and pedestrian
friendly, it will not generate any more traffic demands then would have the 2005 plan and
perhaps even less.
Justification:
When the location at 21162 Id Street in Newport Beach became available my business partner
and I knew it would be a perfect place to open an Eat Chow. We already had loyal clientele
who lived in the area, so it's a great fit. But we had no idea how much support we would
receive from the residence in Newport Shores and the excitement it would create, On numerous
occasions excited Newport Shores residences have called our primary location just to tell us
they can't wait for us to open in their neighborhood. When talking to our regular customers
from Newport they also bristle with excitement for our arrival to their neighborhood.
From the feedback we have received, Eat Chow will be filling a much needed gap in the area's
foodservice. When "The Kind Grind" was open the bulk of their business was morning coffee
To Go and small food items. We will fill that need. We will also be offering a full breakfast
menu for people in the neighborhood to ride their bikes down in the morning and leisurely eat
their breakfast while reading a newspaper. Lunch and dinner will be fantastic as well. We serve
an extensive New American menu with a wide range of food choices for all ages and tastes.
Also, families of Newport Shores are working hard to keep up with the high cost of living and as
a result one or both parents work long hours and often do not have the time to cook meals.
During the time we have owned Eat Chow we have had many substantive conversations with
our Newport Shores customers and found a tremendous desire on their part to have a local
restaurant that is within walking distance. Also, many locals have small children and cannot
easily transport them to have their meals; we will be within baby carriage distance for these
families. We will service this market with the same great food and service that has been a
tradition at Eat Chow.
In addition to the aforementioned justifications I offer these additional points:
1) Building orientation. The building faces away from all homes. All parking, traffic and
business will be transacted in the front of the building. The only time a residential neighbor
will see our operations will be during small deliveries to the rear cloor.
2) We are primarily a restaurant. We will not have live or loud music, events or anything else
that would draw a large and concentrated crowd. Eat Chow will be an excellent neighbor,
well aware of its responsibility to the residents.
3) We will remodel the interior tastefully. There will be no ad space facing the homes. The
additional benefit will be a rise in property values for homeowners as a result of our
renovation.
4) Since Eat Chow is owner operated we will make sure our cafe is clean, well- managed, and
attentive to the needs of the neighborhood.
5) Seating & Parking. In addition to required parking onsite, we will have full use of Spaghetti
Bender's parking lot- from 7am- 4:30pm during the bulk of our most busy time and therefore
will have more actual parking than we will realistically need. We can provide you with
confirmation of this from Spaghetti Bender's property owner. We have spoken to Ethan
Wayne who owns the adjacent building and parking lot about allowing us to use his empty
lot after 5pm.
In closing, this project will not only benefit Newport Shores, by offering new services, and our
business, by increasing revenue, but it will also benefit the City, by generating new revenue and
keeping, the dernand for traffic counts low.
I appreciate your time and attention in awarding my project a swift approval.
Yours truly,
Brian McReynolds & Eric Doran
Eat Chow Cafe'
35
PLANNING DEPARTMENT
NOV $. 2010
CITY OF NEWPORT
pi 111V0 r
2ll 62nd STREET
NEWPORT BEACH, CA 92663
A
REVITW9
I REVISED PLANS
............. ...............................
REQUIRED
VICINITY MAP
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SITE PLAN
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Attachment No. ZA 4
Applicant's Description
39
40
Date 1/14/13
RE: Minor Use Permit for Eat Chow, 211 62,111 St. Newport Beach - Outside Seating
To Whom it may concern:
My name is Brian McReynolds and I own Eat Chow Cafe. Eat Chow is a small caf6
located on 211 62nd St. in Newport Shores. The hours of operation are Sam to 9pm
Sunday through Thursday, and Sam to 10pm on Friday and Saturday. I have around
twenty employees but only around six or seven are working at any given time. I am
writing this letter to ask for the consideration of a Minor Use Permit to put three
small tables with chairs on the sidewalk outside my cafe.
As seen on the plans the tables will be for two people each (two tops) and are
pushed up tight against the wall to give plenty of room for passage. The tables will
be clean and tidy, and the area will be well swept and maintained for service. The
tables will be facing Pacific Coast Highway and will not be visible by residential
houses behind the Cafe.
The tables are not wide so they will adhere to the Americans with Disabilities Act's
48" sidewalk passageway requirements. Also, the total seating space will not even
be close to 25% of our total dining area so it will not affect our parking
requirements. Further, our beer and wine license doesn't give us the permission to
serve alcohol outside so that will not be a concern.
Please consider my proposal for approval.
Thank you,
0. M�
Brian McReynolds
Owner
Eat Chow Cafe
PA2013 -034 forUP2013 -005
211 62nd Street
Brian McReynolds
41
42
Attachment No. ZA 5
Project Plans
Tinple03 -05 -13
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44
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Vicinity Map
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4
EAT CHOW OUTDOOR SEATING
Scale: 1/4 " =1' -0' En
Plumbinq Fixture Count
PLUMBING FIXTURE COUNT PER CPC 2010
TABLE A
RETAURANT. 1, 645130= 55 PERSONS
OUTDOOR: 50 / 30= 02 PERSONS
TOTAL: 57 PERSONS
INDICATES
600 SF X
ALLOWED
PUBLIC AREA
25%=150 SF
6' WIDE X 5' DEEP
LANDING AREA
AT DOORS
OUTDOOR SEATING FOR
PERSON WITH DISABILITIES
D-O SF. OF OUTDOOR DINING
AREA PROPOSED.
Project Information:
PROPOSED REQUEST:
JUSTIFICATION:
7Z//7— Z
27Z7
_Z�2
ALLOW OUTDOOR DINING AT
EXISTING RESTAURANT.
INDOOR PUBLIC AREA =600 SF.
ALLOWED:
600 SF X
PROPOSED:
50 SF.
25% = 150 SF.
ACCESSIBLE PATH OF TRAVEL.
FIXTURES
PROVIDED:
E
Co
MEN:
1 LAVATORY,
1 WATER CLOSET
WOMEN:
1 LAVATORY,
1 WATER CLOSET
P.
TENANT. EAT CHOW
FIXTURES
REQUIRED:
BRIAN McREYNOLDS
MEN &
WATER CLOSET 11150
1802 NEWPORT BLVD.
WOMEN
LAVATORY
11150
COSTA MESA, CA 92627
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(949) 650 -2469
THESE DRAWINDS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGHT [IF RTA, INC. AND SHALL NOT BE USED ON ANY OTHER WORK EXCEPT BY AGREEMENT WITH RTA, INC. WRITTEN DIMENSIONS SHALL TAKE PREFERENCE OVER SCALED DIMENSIONS AND SHALL BE VERIFIED ON THE JOB SITE. ANY DISCREPANCY SHALL BE BROUGHT TO THE NOTICE OF RTA, INC. PRIOR TO THE COMMENCEMENT OF ANY WORK.
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PEROS
LAW GROUP, P.C.
ATTORNEYS AT LAW
Item No. 5a: Additional Materials Received
April 4, 2013
Zoning Administrator April 11, 2013
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
19100 Von Karman, Suite 950
IRVINE, CA 92612
TELEPHONE: (949) 838 -0260
FACSIMILE: (949) 838 -0261
www.peros- law.com
Writer's e-mail address:
mvp*mros- law.com,
Benjamin M Zdeda, Assistant Planner Tony Petros, City Council Member
Zoning Administration, City of Newport Beach 2nd District
100 Civic Center Drive 3300 Newport Blvd
Newport Beach, CA 92660 Newport Beach, CA 92663
Weband,,newportbeachca.gov t tros a,newportbeachca.gov
Re: Project File No.: PA2013 -034
Activity No.: UP2013 -005
Location: 21162nd Street, Newport Beach, CA
Applicant: Brian McReynolds
Proposed outdoor eating area to established eatery Eat Chow, by Mr. Brian McReynolds
Dear Mr. Zdeda & Mr. Petros:
I write in connection with the above - referenced planning application of Mr. McReynolds.
I have examined the proposed amendment and I know the site well. On behalf of a local
business that received notice, I wish to object strongly to the amendment to permit the outdoor
dining to this establishment set forth before the planning commission. I have reviewed the
Zoning Administrator Staff Report, Draft Resolution, Draft of the Zoning Administrator
Resolution No. ZA2013 -draft and all attachments, Zoning Administration Action Letter dated
December 2, 2010 and September 27, 2010 letter from Brian McReynolds and Eric Doran
project description and justification for director's use permit as well as the January 14, 2013
letter of Mr. McReynolds requesting three tables outdoors. I note from the outset that the
paperwork seems to already make the proposed hearing nothing more than a rubber stamp and
that the planning division seemingly takes a position that is not neutral as it does not reference
the affects upon the neighborhood other than "facts in support of finding" and does not look at
the potential problems with the proposal.
Newport Beach is a long established city where development proposals should be
considered very carefully. The proposal to add outdoor dining until 11:00 pm as noted in an area
that is predominantly residential could lead to loitering, noise to the local residents,
traffic /parking issues and transient/vagrant population increases. The subject establishment is
only provided 4 parking spaces in an area that is already well known to be difficult to locate
parking spaces. The protection of Newport Beach's visual, historic and archaeological qualities
is also supported by its residents as well as the planning commission and city council's decisions
that note inappropriately planned, or amendments for proposals that fail to take opportunities to
improve the character of an area, should not be accepted. The proposed amendment of Mr.
Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Benjamin Zdeda and Tony Petros PEROS LAW GROUP
Re: Project file #: PA2013 -034
April 4, 2013
Page 2
McReynolds would not improve the character of the area, but would add to the noise, traffic,
vagrancy of the area which Newport Beach seeks to avoid, in addition to possibly becoming a
safety hazard to traffic in the area. The location is a restaurant and not a coffee shop as
referenced in some of the notes.
The function of the Planning Division is to promote and enhance the well -being of
residents, visitors, property owners, and businesses of the City of Newport Beach. The division
accomplishes its mission through programs that encourage high quality development as well as
maintenance and revitalization of existing neighborhoods. The site subject to this proposal is
within the local development plan, on which the public will be consulted on April 11, 2013 at
3:30 pm at the public meeting. It is anticipated that the proposed amendment goes against the
development plan for Newport Beach as for the reasons set forth above. It does not promote or
enhance residents, property owners and businesses in the area. In fact, it is anticipated that the
already overcrowded parking in the area and streets may become more congested. It may cause
issues as patrons for Eat Chow already park in the parking lot owned and posted "Parking for
Spaghetti Bender Patrons Only" as evidenced by photos obtained on a random drive by
inspection. I do realize that the owner of the establishment is a tenant to the owner of the
Spaghetti Bender, but in essence you are permitting two restaurants to operate without adequate
parking by the proposal even if they share the adjoining parking lot. Moreover, the restaurant
already is adjacent to a residential area on 62nd Street at Newport Shores Drive. Such outdoor
dining and drinking of beer & wine as sold by the proprietor to 11:00 pm as proposed would
increase noise and also permit smoking that could invade the residential community at night past
the Newport Beach curfew hour.
Pressure for the addition here may be limited to the proprietor, mainly for additional
seating to the establishment. Mr. McReynolds was permitted to have 5 -6 parking spaces for his
restaurant and the amount of patrons held inside can easily exceed the parking spaces allotted.
This would naturally cause invasion to the local streets and other private properties adjacent and
across the street if permitted. In addition, opposition to the proposed variance is concerned about
the noise that would be caused by outside dining and consumption of alcoholic beverages by
patrons at late hours in an area directly adjacent to a residential area. Such areas are already
available elsewhere within the city limits further south on Pacific Coast Highway but are in a
predominantly industrial neighborhood. So this is not the creation of a new item or idea for the
city of Newport Beach to increase tourism. But it is expansion of an idea better suited for an
industrial area to be incorporated into a residential area that already has problems as noted within
this objection.
The appropriate parking ratio is one space per 30 -50 square feet of public space. See
Newport Beach Municipal Code § 20.40.040 under the table 3 -10 set forth under "Eating and
Drinking Establishments" as well as Newport Beach Municipal Code § 20.40.060(A). Therefore,
Eat Chow was required to have 20 parking spaces for their establishment. The City has already
determined that the establishment was non - conforming under Newport Beach Municipal Code §
20.38.060 due to the deficient off - street parking and the proposed use will only further make
matters worse. Under Newport Beach Municipal Code § 20.40.060 (B), conditions for
approval ... and a change to any of the conditions will require an amendment to the permit
Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Benjamin Zdeda and Tony Petros PEROS LAW GROUP
Re: Project file #: PA2013 -034
April 4, 2013
Page 3
application." (Ordinance 2010 -21 § 1 Exhibit A. Here, the original use permit contemplated
peak use hours during the morning and afternoon. But now, the shift in the times and usage has
dramatically altered the peak use to evening hours, when it competes with the Spaghetti Bender
over the same shortness of off - street parking.
Proprietor Brian McReynolds is already aware from his other Eat Chow restaurant
located in Costa Mesa at 1802 Newport Boulevard, Costa Mesa the differences between the two
restaurants he owns. The Costa Mesa restaurant already has four (4) outdoor tables for dining.
But the essential differences are location and zoning. The Costa Mesa location is situated in an
industrialized area of Costa Mesa. It is not literally 20 feet from a residence as is the case with
the proposal at issue here. There is no danger that the noise increase would be noticeable
especially with all the traffic that passes in the area of the Costa Mesa location. There, his
establishment is located within 100 feet of the landmark Triangle Square Mall and shopping
center where such outdoor dining and incidental noise would affect no one. The proposal here, is
in a quiet well established residential area as opposed to just off the busiest street in the
immediate area where the 55 freeway ends. Parking is also not an issue in Costa Mesa where
there is a city public lot located across the street from that establishment.
The proposed variance of the area is particularly ill- considered here. It is a residential
area of established homes used by many local residents and tourists walking, jogging, biking,
beach access, walking pets, and the outdoor table here would both diminish the aesthetic
appearance of the area and cause sidewalk traffic a detour. The only potential location for the
outdoor table is directly next to the public sidewalk at the entrance to the parking lot for the Eat
Chow establishment. It would not fit any other location. The style is out of keeping with the
area's historic character — no other dwelling in the area has an outdoor table, for instance.
Additionally, the location of the outdoor table potentially creates a problem if a vehicle entering
the parking lot misses the entrance way only slightly. Patrons at the outdoor table could then
become victims of a vehicle v. pedestrian accident in the already congested area.
What are even more egregious here are the previous violations to the permit by the owner
that have occurred over the years. Eat Chow has already been cited for having outdoor dining
without a permit before the application. Here the experience proprietor already was aware of the
process for obtaining a permit for outdoor dining. He dealt with that very issue at the other
location to obtain the outdoor dining permit in Costa Mesa. Yet he consciously did provide
outdoor seating here without a permit and was cited. Moreover, in the September 2010
application for permit, the applicant represented he would have his employees park their vehicles
away from the restaurant to reduce the impact on the adjacent local residents. This has never
occurred with the observation being the employees park as close to the restaurant as possible.
Original Permit Conditions 36 & 37 of the original use permits are also violated routinely
by the applicant. Section 36 reads "The use of the facilities rear door for deliveries shall be
prohibited." Delivery trucks are routinely observed illegally parked on Newport Shores Drive
adjacent to the rear door and observed making deliveries through the rear door in violation of
condition 36. Said section also requires that the rear doors to the facility shall remain closed at
all times. However, the door has been observed open too many times to recount at all hours of
Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Benjamin Zdeda and Tony Petros PEROS LAW GROUP
Re: Project file #: PA2013 -034
April 4, 2013
Page 4
operation of the establishment. Condition 37 reads "All deliveries shall be conducted onsite
through the front entrance." Instead, due to the already overcrowded conditions present, all
deliveries are conducted "off- site" and are accomplished by either illegally parking behind the
property and entering through the back door or parking in the parking lot of the Spaghetti Bender
and entering through the front entrance. Either way, it is a violation of the express conditions
and has demonstrated the disregard of the conditions for the original use permit.
Furthermore, there is no need for this kind of open air seating in the city of Newport
Beach. Many of the restaurants and bars in the more industrialized portions of the city limits
already provide outdoor dining and drinking venues such as is being proposed. They are
however in better suited and adapted areas that do not encounter the same problems as foreseen
here next to a residential area. As an alternative to this proposal, we would support the
construction of additional outdoor dining in areas that are more industrialized and not going to
increase the noise, traffic and further cause parking issues already prevalent in the city limits.
We understand that the local businesses in the immediate area may share some of these
concerns voiced herein. More importantly, the local area residents are also in agreement that
some issues set forth herein are unknown and may cause an effect upon their quiet lifestyle based
upon discussions this writer has had with area residents during the day there.
Given the two locations of the Eat Chow establishment, Mr. McReynolds already has
outdoor seating at his location in Costa Mesa in an area zoned for commercial businesses. That
location is less than 3 miles away and only an 8 minute drive. If his patrons want to dine
outdoors, they can take a short drive (less than 10 minutes) to get to the location where it is
properly designed, zoned and situated to eat and drink outdoors as it will not cause the potential
issues here in Newport Beach as discussed herein.
If this application is to be decided by those present at the local meeting set on April 11,
2013 at 3:30 pm, I would like reserve the opportunity to speak at the meeting of the committee at
which this application is expected to be decided.
Very truly yours,
PEROS LAW GROUP, P.C.
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Michael V. Peros
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Item No. 5a: Additional Materials Received
CITY OF NEWPORT BEACH
NOTICE OF PUBLIC HEARING
Zoning Administrator April 11, 2013
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
NOTICE IS HEREBY GIVEN that on Thursday, April 11, 2013, at 3:30 p.m., or soon thereafter as the matter
shall be heard, a public hearing will be conducted in the Corona del Mar Conference Room (Bay E -1 st Floor) at
100 Civic Center Drive, Newport Beach. The Zoning Administrator of the City of Newport Beach will consider
the following application:
Eat Chow Outdoor Dining MUP — An amendment to a use permit to allow four seats (50 square feet) for the
addition of an outdoor dining area at an existing eating and drinking establishment approved by Use Permit No.
UP2010 -027 (PA2010 -136). There are no late hours (after 11:00 p.m.) and no other operational changes are
proposed as part of the application.
The project is categorically exempt under Section 15301, of the California Environmental Quality Act
(CEQA) Guidelines - Class 1 (Existing Facilities).
All interested parties may appear and present testimony in regard to this application. If you challenge this
project in court, you may be limited to raising only those issues you raised at the public hearing or in written
correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals
are provided in the Newport Beach Municipal Code Chapter 20.64 (Appeals). The application may be
continued to a specific future meeting date, and if such an action occurs additional public notice of the
continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be
reviewed at the Newport Beach Public Library, Mariners Branch, at 1300 Irvine Avenue, Newport Beach, CA
92660 or at the City of Newport Beach website at www. newportbeachca .gov /zonin.gadministrator. Individuals
not able to attend the meeting may contact the Planning Division or access the City's website after the meeting
to review the action on this application.
For questions regarding this public hearing item please contact Benjamin M. Zdeba, Assistant Planner, at (949)
644 -3253, bzdeba @newportbeachca.gov.
Project File No.: PA2013 -034
Zone: CV (Commercial Visitor - Serving)
Location: 211 62nd Street
Tmplt: 01/17113
Activity No.: UP2013 -005
General Plan: CV (Visitor - Serving Commercial)
Applicant: Brian McReynolds
Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Newport Beach Municipal Code Eat Chow Outdoor Minor Use Pf%0JPA2F813 -034)
A. Parking Required to Be On -Site. Parking shall be located on the same lot or development site as the
uses served, except for the following:
1. Townhouses and Multi- Tenant Uses. Where parking is provided on another lot within the same
development site, the parking shall be located within two hundred (200) feet of the units they are
intended to serve.
2. Off -Site Parking Agreement. Parking may be located off -site with the approval of an off -site
parking agreement in compliance with Section 20.40.100(C) (Parking Agreement).
B. Permanent Availability Required. Each parking and loading space shall be permanently available and
maintained for parking purposes for the use it is intended to serve. The Director may authorize the
temporary use of parking or loading spaces for other than parking or loading in conjunction with a
seasonal or intermittent use allowed in compliance with Section 20.52.040 (Limited Term Permits).
C. Maintenance. Parking spaces, driveways, maneuvering aisles, turnaround areas, and landscaping
areas shall be kept free of dust, graffiti, and litter. Striping, paving, walls, light standards, and all other
facilities shall be permanently maintained in good condition.
D. Vehicles for Sale. Vehicles, trailers, or other personal property shall not be parked upon a private
street, parking lot, or private property for the primary purpose of displaying the vehicle, trailer, or other
personal property for sale, hire, or rental, unless the property is appropriately zoned, and the vendor is
licensed to transact a vehicle sales business at that location.
E. Calculation of Spaces Required.
1. Fractional Spaces. Fractional parking space requirements shall be rounded up to the next whole
space.
2. Bench Seating. Where bench seating or pews are provided, eighteen (18) linear inches of
seating shall be considered to constitute a separate or individual seat.
3. Gross Floor Area. References to spaces per square foot are to be calculated on the basis of
gross floor area unless otherwise specified.
4. Net Public Area. "Net public area" shall be defined as the total area accessible to the public
within an eating and /or drinking establishment, excluding kitchens, restrooms, offices pertaining to
the use, and storage areas.
5. Spaces per Occupant. References to spaces per occupant are to be calculated on the basis of
maximum occupancy approved by the City of Newport Beach Fire Department.
6. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of
required off - street parking spaces shall be equal to the sum of the requirements prescribed for each
use.
F. Nonconforming Parking and Loading. Land uses and structures that are nonconforming due solely to
the lack of off - street parking or loading facilities required by this chapter shall be subject to the provisions
of Section 20.38.060 (Nonconforming Parking). (Ord. 2010 -21 § 1 (Exh. A)(part), 2010)
20.40.040 Off - Street Parking Spaces Required.
Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Newport Beach Municipal Code Eat Chow Outdoor Minor Use Pil Ff62fg 3 -034)
Off - street parking spaces shall be provided in compliance with Table 3.10. These standards shall be
considered the minimum required to preserve the public health, safety, and welfare, and more extensive
parking provisions may be required by the review authority in particular circumstances. Unless otherwise
noted parking requirements are calculated based on gross floor area.
TABLE 3 -10
OFF - STREET PARKING REQUIREMENTS
Land Use I Parking Spaces Required I
Industry, Manufacturing and Processing, Warehousing Uses
Food Processing
1 per 2,000 sq. ft.
Handicraft Industry
1 per 500 sq. ft.
Industry
Small -5,000 sq. ft. or less
1 per 500 sq. ft.
Large —Over 5,000 sq. ft.
1 per 1,000 sq. ft.
Industry, Marine - Related
1 per 750 sq. ft.
Personal Storage (Mini Storage)
2 for resident manager, plus additional for
office as required by minor use permit
Research and Development
1 per 500 sq. ft.
Warehousing and Storage
1 per 2,000 sq. ft., plus one per 350 sq. ft.
for offices. Minimum of 10 spaces peruse
Wholesaling
1 per 1,000 sq. ft.
Recreation, Education, and Public Assembly Uses
Assembly /Meeting Facilities
1 per 3 seats or one per 35 sq. ft. used for
assembly purposes
Commercial Recreation and Entertainment
As required by conditional use permit
Cultural Institutions
1 per 300 sq. ft.
Schools, Public and Private
As required by conditional /minor use permit
Residential Uses
Accessory Dwelling Units
1 per unit; a minimum of 2 covered per site.
Single -Unit Dwellings— Attached
2 per unit in a garage
Single -Unit Dwellings— Detached and less than 4,000 sq. ft. of
habitable floor area
2 per unit in a garage
Single -Unit Dwellings— Detached and 4,000 sq. ft. or greater of floor
area
3 per unit in a garage
Single -Unit Dwellings — Balboa Island
2 per unit in a garage
Multi -Unit Dwellings -3 units
2 per unit covered, plus guest parking;
Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Newport Beach Municipal Code Eat Chow Outdoor Minor Use Pf&jg4P4j%13 -034)
Land Use Parking Spaces Required
1 -2 units, no guest parking required
Multi -Unit Dwellings -4 units or more
Two -Unit Dwellings
Live /Work Units
Senior Housing— Market rate
Senior Housing — Affordable
Retail Trade Uses
3 units, 1 guest parking space
2 per unit covered, plus 0.5 space per unit
for guest parking
2 per unit; 1 in a garage and 1 covered or in
a garage
2 per unit in a garage, plus 2 for
guest/customer parking
1.2 per unit
1 per unit
Appliances, Building Materials, Home Electronics, Furniture, 1st 10,000 sq. ft -1 space per 300 sq. ft.
Nurseries, and Similar Large Warehouse -type Retail Sales and Bulk Over 10,000 sq. ft. -1 space per 500 sq. ft.
Merchandise Facilities
Plus 1 per 1,000 sq. ft. of outdoor
merchandise areas
Food and Beverage Sales
1 per 200 sq. ft.
Marine Rentals and Sales
Boat Rentals and Sales
1 per 1,000 sq. ft. of lot area, plus 1 per 350
sq. ft. of office area
Marine Retail Sales
1 per 250 sq. ft.
Retail Sales
1 per 250 sq. ft.
Shopping Centers
1 per 200 sq. ft. See Section 20.40.050
Service Uses — Business, Financial, Medical, and Professional
Convalescent Facilities
1 per 3 beds or as required by conditional
use permit
Emergency Health Facilities
1 per 200 sq. ft.
Financial Institutions and Related Services
1 per 250 sq. ft.
Hospitals
1 per bed; plus 1 per resident doctor and 1
per employee.
Offices * — Business, Corporate, General, Governmental
First 50,000 sq. ft.
Next 75,000 sq. ft.
Floor area above 125,001 sq. ft.
* Not more than 20% medical office uses.
1 per 250 sq. ft. net floor area
1 per 300 sq. ft. net floor area
1 per 350 sq. ft. net floor area
Offices — Medical and Dental Offices
1 per 200 sq. ft.
Outpatient Surgery Facility
1 per 250 sq. ft.
Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Newport Beach Municipal Code Eat Chow Outdoor Minor Use P fit f&2(. 13 -034)
Land Use
Parking Spaces Required
Service Uses — General
Adult- Oriented Businesses
1 per 1.5 occupants or as required by
conditional use permit
Ambulance Services
1 per 500 sq. ft., plus 2 storage spaces.
Animal Sales and Services
Animal Boarding /Kennels
1 per 400 sq. ft.
Animal Grooming
1 per 400 sq. ft.
Animal Hospitals /Clinics
1 per 400 sq. ft.
Animal Retail Sales
1 per 250 sq. ft.
Artists' Studios
1 per 1,000 sq. ft.
Catering Services
1 per 400 sq. ft.
Care Uses
Adult Day Care —Small (6 or fewer)
Spaces required for dwelling unit only
Adult Day Care —Large (7 or more)
2 per site for drop -off and pick -up purposes
(in addition to the spaces required for the
dwelling unit)
Child Day Care—Small (6 or fewer)
Spaces required for dwelling unit only
Child Day Care Large (9 to 14)
2 per site for drop -off and pick -up purposes
(in addition to the spaces required for the
dwelling unit)
Day Care -- General
1 per 7 occupants based on maximum
occupancy allowed per license
Residential Care — General (7 to 14)
1 per 3 beds
Eating and Drinking Establishments
Accessory (open to public)
1 per each 3 seats or 1 per each 75 sq. ft.
of net public area, whichever is greater
Bars, Lounges, and Nightclubs
1 per each 4 persons based on allowed
occupancy load or as required by
conditional use permit
Food Service with /without alcohol, with /without late hours
1 per 30-50 sq. ft. of net public area,
including outdoor dining areas, but
excluding the first 25% or 1,000 sq. ft. of
outdoor dining area, whichever is less. See
Section 20.40.060
Food Service —Fast food
1 per 50 sq. ft., and 1 per 100 sq. ft. for
outdoor dining areas
Take -Out Service — Limited
1 per 250 sq. ft.
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Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Newport Beach Municipal Code Eat Chow Outdoor Minor Use Ppl W&2$13 -034)
Land Use
Parking Spaces Required
Emergency Shelter
1 per 4 beds plus 1 per staff; and if shelter
is designed with designated family units
then 0.5 parking space per bedroom
designated for family units
Funeral Homes and Mortuaries
1 per 35 sq. ft. of assembly area
Health /Fitness Facilities
Small -2,000 sq. ft. or less
1 per 250 sq. ft.
Large —Over 2,000 sq. ft.
1 per 200 sq, ft.
Laboratories (medical, dental, and similar)
1 per 500 sq. ft.
Maintenance and Repair Services
1 per 500 sq. ft.
Marine Services
Boat Storage —Dry
0.33 per storage space or as required by
conditional use permit
Boat Yards
As required by conditional use permit
Dry Docks
2 per dry dock
Entertainment and Excursion Services
1 per each 3 passengers and crew
members
Marine Service Stations
As required by conditional use permit
Sport Fishing Charters
1 per each 2 passengers and crew
members
Water Transportation Services —Office
1 per 100 sq. ft., minimum 2 spaces
Personal Services
Massage Establishments
1 per 200 sq. ft. or as required by
conditional use permit
Nail Salons
1 per SO sq. ft.
Personal Services, General
1 per 250 sq. ft.
Studio (dance, music, and similar)
1 per 250 sq. ft.
Postal Services
1 per 250 sq. ft.
Printing and Duplicating Services
1 per 250 sq. ft.
Recycling Facilities
Collection Facility —Large
4 spaces minimum, but more may be
required by the review authority
Collection Facility —Small
As required by the review authority
Visitor Accommodations
Bed and Breakfast Inns
1 per guest room, plus 2 spaces
Hotels and accessory uses
As required by conditional use permit
Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Newport Beach Municipal Code Eat Chow Outdoor Minor Use Pvrau ToAffl3 -034)
Land Use
Parking Spaces Required
Motels
1 per guest room or unit
Recreational Vehicle Parks
As required by conditional use permit
Time Shares
As required by conditional use permit
Transportation, Communications, and Infrastructure Uses
Communication Facilities
1 per 500 sq. ft.
Heliports and Helistops
As required by conditional use permit
Marinas
0.75 per slip or 0.75 per 25 feet of mooring
space
Vehicle Rental, Sale, and Service Uses
Vehicle/Equipment Rentals
Office Only
1 per 250 sq. ft.
Limited
1 per 300 sq. ft., plus 1 per rental vehicle
(not including bicycles and similar vehicles)
Vehicle/Equipment Rentals and Sales
1 per 1,000 sq. ft. of lot area
Vehicles for Hire
1 per 300 sq. ft., plus 1 per each vehicle
associated with the use and stored on the
same site
Vehicle Sales, Office Only
1 per 250 sq. ft., plus 1 as required by DMV
Vehicle /Equipment Repair (General and Limited)
1 per 300 sq. ft. or 5 per service bay,
whichever is more
Vehicle/Equipment Services
Automobile Washing
1 per 200 sq. ft. of office or lounge area,
plus queue for 5 cars per was station
Service Station
1 per 300 sq. ft. or 5 per service bay,
whichever is more, minimum of 4
Service Station with Convenience Market
1 per 200 sq. ft., in addition to 5 per service
bay
Vehicle Storage
1 per 500 sq. ft.
Other Uses
Caretaker Residence
1 per unit
Special Events
As required by Chapter 11_03
Temporary Uses
As required by the limited term permit in
compliance with Section 20.52.040
(Ord. 2013 -4 § 3, 2013; Ord. 2010 -21 § 1 (Exh. A)(part), 2010)
20.40.050 Parking Requirements for Shopping Centers.
Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Newport Beach Municipal Code Eat Chow Outdoor Minor Use t$Ph� %13 -034)
A. An off - street parking space requirement of one space for each two hundred (200) square feet of gross
floor area may be used for shopping centers meeting the following criteria:
1. The gross floor area of the shopping center does not exceed 100,000 square feet; and
2. The gross floor area of all eating and drinking establishments does not exceed fifteen (15)
percent of the gross floor area of the shopping center.
B. Individual tenants with a gross floor area of ten thousand (10,000) square feet or more shall meet the
parking space requirement for the applicable use in compliance with Section 20.40.040 (Off- Street Parking
Spaces Required).
C. Shopping centers with gross floor areas in excess of 100,000 square feet or with eating and drinking
establishments occupying more than fifteen (15) percent of the gross floor area of the center shall use a
parking requirement equal to the sum of the requirements prescribed for each use in the shopping center.
(Ord. 2010 -21 § 1 (Exh. A)(part), 2010)
20.40.060 Parking Requirements for Food Service Uses.
............................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... . . . . . . . . . . . . . . . ........... . ................ . ..... I-, . . . . . . . .... ..... ...................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .........................
A. Establishment of Parking Requirement. The applicable review authority shall establish the off - street
parking requirement for food service uses within a range of one space for each thirty (30) to fifty (50)
square feet of net public area based upon the following considerations:
1. Physical Design Characteristics.
a. The gross floor area of the building or tenant space,
b. The number of tables or seats and their arrangement,
c. Other areas that should logically be excluded from the determination of net public area;
d. The parking lot design, including the use of small car spaces, tandem and valet parking and
loading areas,
e. Availability of guest dock space for boats; and
f. Extent of outdoor dining.
2. Operational Characteristics.
a. The amount of floor area devoted to live entertainment or dancing,
b. The amount of floor area devoted to the sale of alcoholic beverages;
c. The presence of pool tables, big screen televisions or other attractions,
d. The hours of operation; and
e. The expected turnover rate.
3. Location of the Establishment.
a. In relation to other uses and the waterfront;
Item No. 5a: Additional Materials Received Zoning Administrator April 11, 2013
Newport Beach Municipal Code Eat Chow Outdoor Minor Use Ppgp8 CPAs 2W 3 -034)
b. Availability of off -site parking nearby;
c. Amount of walk -in trade; and
d. Parking problems in the area at times of peak demand.
B. Conditions of Approval. If during the review of the application, the review authority uses any of the
preceding considerations as a basis for establishing the parking requirement, the substance of the
considerations shall become conditions of the permit application approval and a change to any of the
conditions will require an amendment to the permit application, which may be amended to establish
parking requirements within the range as noted above. (Ord. 2010 -21 § 1 (Exh. A)(part), 2010)
20.40.070 Development Standards for Parking Areas.
A. Access to Parking Areas. Access to off - street parking areas shall be provided in the following manner:
1. Nonresidential and Multi -Unit. Parking areas for nonresidential and multi -unit uses:
a. Adequate and safe maneuvering aisles shall be provided within each parking area so that
vehicles enter an abutting street or alley in a forward direction.
b. The Director may approve exceptions to the above requirement for parking spaces
immediately adjoining a public alley, provided not more than ten (10) feet of the alley right -of -way
is used to accommodate the required aisle width, and provided the spaces are set back from the
alley the required minimum distances shown in Table 3 -11.
TABLE 3 -11
PARKING SETBACK FROM ALLEY
Alley Width Minimum Setback
15'0" or less 510"
15'1" to 19'11" I 319"
20'0" or more 2'6"
c. The first parking space within a parking area accessed from a public street shall be set back
a minimum of five feet from the property line.
2. Access Ramps. Ramps providing vehicle access to parking areas shall not exceed a slope of
fifteen (15) percent. Changes in the slope of a ramp shall not exceed eleven (11) percent and may
occur at five -foot intervals. Refer to Public Works Standard 160L -B, C and 805L -B. The Director of
Public Works may modify these standards to accommodate specific site conditions.
B. Location of Parking Facilities.
1. Residential Uses. Parking facilities serving residential uses shall be located on the same site as
the use the parking is intended to serve. Additional requirements are provided in Section 20.40.090
(Parking Standards for Residential Uses).
http: / /www.codepubl ishinp. com /calnewportbeach /frame lesslindex.DI? oath= .. /html[NewnortBeach2OfN ewnort Reach2O4O htm ] 4/7/2011
To: ZONING ADMINISTRATOR
Subject: Additional Materials Received
Item No. 5b: Additional Materials Received
Zoning Administrator April 11, 2013
Eat Chow Outdoor Dining Permit (PA2013 -034)
From: Don Niebuhr [mailto:dwnbuilder(agmail.com]
Sent: Sunday, April 07, 2013 11:17 AM
To: Zdeba, Benjamin
Subject: Eat Chow impact in Newport Shores
I am opposed to new changes that are being proposed regarding this restaurant. Im not sure but I think they are
already not keeping up with the restrictions that were set up when they first got their permits. Can we have the
city code /permit enforcement people look into this before adding or deleting anything to the impact of the
conditions already in place.
Sin. Don Niebuhr
dwnbuilder(a) email. com
235 62nd st
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
April 9, 2013
Mr. Matt Cosylion, Code Enforcement Supervisor
Ms. Brenda Wisneski, Zoning Administrator
City of Newport Beach
100 Civic Center Drive
Newport Beach, Ca.
Subject: Notice of Violation UP2010 -027 and comments on proposed UP1013 -005
Attn: Mr. Benjamin Zdeba, Assistant Planner
Dear Mr. Zdeba,
I am a resident of Newport Beach. I have resided continuously in Newport Shores since 1974. I
have the following comments on current operations of Eat Chow Restaurant and proposed UP2013-
005.
I want to make the City aware that the business subject to Use Permit 2010 -027 (Eat Chow
Restaurant) is operating in violation of its Use Permit (UP2010 -027), and in addition, is illegally
operating a pay valet parking business utilizing public streets (details are provided herein). I expect
the City to take immediate enforcement actions.
Thank you for the notice of Public Hearing for Project File No. PA 2013 -005. Due to the limited
nature of the public notice, few Newport Shores residents that have been contacted are aware of this
proposal. Below are my comments on proposed Minor Use Permit 2013 -005. These concerns are
shared by my neighbors.
Eat Chow is a fine restaurant. However, circumstances have changed since its approval in 2010.
Assumptions used to justify the initial Use Permit have been invalidated. As a result, parking in the
adjacent residential areas has been adversely impacted. For nearby residents, there are few if any
on- street parking spaces available for residents and our guests during peak restaurant use periods.
The reckless nature of the restaurant's illegal valet parking service has created a safety risk to the
public.
Below I address UP2010 -027 (PA2010 -136) and identifying changes in circumstances and Use
Permit violations which require enforcement action pursuant to the Municipal Code and Use Permit
Conditions of Approval, followed by comments on proposed UP2013 -005; and concluding with a
Summary and Recommended Actions.
Page 1 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Existing UP2010 -027
The applicant represented in the 2010 Use Permit application (reference 9 -27 -10 Project description
and justification for Directors Use Permit): "5. Seating & Parking. In addition to required parking
on -site, we will have full use of Spaghetti Bender's parking lot from 7am- 4:30pm during the bulk
of our most busy time and therefore will have more actual parking than we will realistically need.
We can provide you with confirmation of this from Spaghetti Bender's property owner. We have
spoken to Ethan Wayne who owns the adjacent building and parking lot about allowing us to use
his empty lot after Spm. In closing, this project will not only benefit Newport Shores, by offering
new services, and our business, by increasing revenue, but it will also benefit the City, by
generating new revenue and keeping the demand for traffic counts low."
Based on this representation the City evaluated the proposed project and made the required Findings
of approval. Based on current operating characteristics and changed circumstances, the following
Findings are no longer valid.
Finding No 3 Wd bullet): "....this Use Permit will be conditioned to maintain the requirements of
Section 20.48.090." This quote states that the permitted use is conditional and must comply with the
standards contained in Municipal Code Section 20.48.090 for eating and drinking establishments.
The use (Eat Chow Restaurant) is not in compliance with the standards set for in Section 20.48.090.
My comments below will provide specific violations.
Finding No 5: "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."
The City justification for this Finding included the following language "...The existing building and
parking lot have functioned satisfactorily with the current configuration...." This is not true. The
entire building was vacant at the time of this application. Over the years numerous businesses have
attempted to operate and failed. In my opinion, being in the land development business since 1974,
and a nearby resident since 1976, they failed because of a lack of sufficient on -site parking spaces,
inadequate parking design and lack of adequate space for delivery vehicles. The result of these
inadequacies combined with a change in the operation of the business, (from a business that was
represented to have its peak use period from "lam to 4:30pm" to a business whose peak use period
is nighttime) have resulted in the elimination of parking for nearby residents and their guests during
peak use periods. Obviously, the site is not physically suitable for a use that requires over 8 parking
spaces (hence the need for valet parking during peak use periods), and frequent deliveries.
Finding No 6: "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, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use."
The Project Description identified the use as a coffee shop /restaurant. The Applicant, Eat Chow
Caf6 operates a similar facility in Costa Mesa. The appropriate parking ratio was determined by the
City to be 1 space per 50 sq feet of public space requiring a total of 12 spaces (As friendly to
business as the Municipal Code allows). The City determined the subject property to be
nonconforming pursuant to Section 20.38.060 due to deficient off - street parking; and that the
nonconforming status is not intensified by the proposed use (note: the calculation for this
Page 2 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
determination is not provided in the Staff Report). I requested this (public) information from Staff
twice, it has not been provided.
I do not believe the rationale leading to this conclusion was appropriate in 2010 nor is it appropriate
now. I acknowledge that UP2010 -027 has been approved the appeal period has long since past.
However, there have been changes to the Project Description, on -going violations of the Use Permit
Conditions of Approval and changes in circumstances since approval of UP2010 -027. These factors
require a reanalysis of the Project. Factors that should be considered include:
Standard Condition 48 (see UP2010 -027) states: "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."
Municipal Code Section 20.50. 10 B & C instructs Staff to:
"B. Encourage nonconforming uses and structures to become more conforming over time.
C. Reduce the number of nonconforming uses by prohibiting their reestablishment after
Abandonment"
Municipal Code Section 20.12.020 D (1) Conflicting Requirements states: "Zoning Code and Other
Municipal Code Provisions. If conflicts occur between requirements of this Zoning Code, or
between this Zoning Code and other provisions of the Newport Beach Municipal Code, or other
adopted regulations of the City, the more restrictive provision shall prevail"
Restaurant uses at this location have been nonconforming pursuant to Section 20.38.060 due to
deficient off - street parking for many years. The current use continues to be nonconforming due to
inadequate off - street parking and inadequate room for access by delivery vehicles. The Municipal
Code is clear `If conflicts occur between requirements of this Zoning Code, or between this
Zoning Code and other provisions of the Newport Beach Municipal Code, or other adopted
regulations of the City, the more restrictive provision shall prevail". The City should implement
Section 20.50.10(B & C) and encouraging nonconforming uses to become more conforming over
time or prohibit their reestablishment. The City should require compliance with Municipal Code
Section 20.52.110 Off Street Loading Requirements. Clearly parking for any restaurant at this
location will have nonconforming parking. If the proposed use relies on off -site public spaces within
the adjacent residential zone, the project should be subject to Municipal Code Section 20.52.60
"Parking for Nonresidential Uses in Residential Zoning Districts ".
It is improper for the City to rely upon the prior Use Permit's nonconforming status as a `precedent
for future approvals or decisions" and ignore the conflicting requirements of the Municipal Code
which are more restrictive per Section 20.12.020 D (1).
Conditions have changed. Peak periods for the approved use are not daytime, as represented in the
2010 Use Permit application (reference 9 -27 -10 Project description and justification for Directors
Use Permit: "...we will have full use of Spaghetti Bender's parking lot from 7am- 4:30pm during
the bulk of our most busy time and therefore will have more actual parking than we will
realistically need"). Peak periods are nighttime and to a lesser extent weekend mornings.
Page 3 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
During peak use periods, the space is being used primarily as a restaurant, not a coffee shop. The
majority of customers drive vehicles to the restaurant particularly during the peak use periods
(evenings). The appropriate parking ratio for the Eat Chow restaurant and coffee shop having the
bulk of business occurring from 7:00 am to 4:30pm is 1 space per 30 sq feet of public space (not 1
space per 50 sq. ft.), requiring a total of 20 spaces. Due to the restaurant's change in "our most busy
time" from daytime to evenings, the City must re- examine the parking requirement to determine if
the subject property qualifies as nonconforming pursuant to Section 20.38.060 due to deficient off -
street parking; and if the nonconforming status is intensified by the proposed use. In addition, the
City must determine if Section 20.38,060 is applicable given the conflict with Section 20.50.10(B &
C) following the procedure mandated by Section 20.12.020 D (1) to resolve conflicts in the
Municipal Code. In addition, the City must determine if it is feasible to safely have delivery
vehicles access the property given the limited space available and inconsistency with Section
20.52.110.
Entrance to Eat Chow
Photo Date: April 6, 2013, 6:20 pm
A delivery vehicle (see photo of delivery truck below) cannot safely access the space available in the
above photo. Even if a delivery truck could fit in, there is limited sight visibility for trucks backing
out and a delivery truck would block access to the remaining commercial space in the building
(presumably the address is # 21313).
Page 4 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Finding 6 O d bullet) "The restrictions on seating and net public area prevent adverse traffic
impacts for the surrounding residential and commercial uses and patrons who are nearby
residents or visitors to the area will likely walk or ride a bicycle to the restaurant. Bus stops are
also located in the vicinity."
Peak use periods are nighttime and to a lesser extent weekend mornings. The majority of visitors to
this area are beach - goers. Beach -goers generally leave Newport in the afternoon. The assumption
that "visitors to the area will likely walk or ride a bicycle to the restaurant" has not turned out to be
true during peak use periods. Nor is the assumption correct that bus users will prevent adverse
traffic impacts during peak use periods or that significant numbers of customers will park in the
meter parking spaces located across Pacific Coast Highway and walk to the restaurant during peak
use periods, (see statement in Finding 3). The Applicant represented that spaces would be available
after 5pm at the lot across the street owned by Ethan Wayne. This parking is no longer available.
The overwhelming majority of Eat Chow customers now park on the public streets in the adjacent
residential area. The Finding that "the restrictions on seating and net public area prevent adverse
traffic impacts for the surrounding residential and commercial uses..." is invalid. At minimum a
Parking Management Plan and compliance with Section 20.52.60 is warranted.
Conclusion
The representations in the by the Project Applicant in his 9 -27 -10 Project description and
justification for Directors Use Permit letter, combined with the commitment to have all employees
park off public streets or far away from the Caf6 on public streets, convinced nearby residents that
their concems over the lack of adequate on -site parking and their fear that Eat Chow Cafe's
customers would park on public streets within the adjacent residential area had been adequately
addressed.
The change in the operating characteristics of the business, from a Cafe represented to have its peak
use period from "lam to 4:30pm" to a Restaurant whose peak use period is nighttime have resulted
in the elimination of parking for nearby residents and their guests during peak use periods.
The use of the Spaghetti Bender parking lot is not available to Eat Chow in the evenings. The
parking shortage is so severe, that the Spaghetti Bender has placed a sign and at times an attendant to
discourage Eat Chow customers from parking in their lot.
The use of the parking lot for the adjacent building owned by Ethan Wayne while initially available
is no longer available at any time.
These changes in circumstances combined with the popularity of the restaurant have reduced the
availability of parking in the residential area adjacent to the restaurant. The effects are most
significant in the evening hours when the Spaghetti Bender and Eat Chow are at their busiest. As a
nearby resident, there are now few if any on -street parking spaces available for residents or our
guests during peak restaurant periods.
Page 5 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
These changes in circumstances contradict the Applicant's 9 -27 -2010 Project Description and
Justification for Directors Use Permit (UP2010 -0027) and invalidate a number of the Findings of
approval. Therefore, the City must reevaluate the current use for conformance with UP2010 -027
and its findings justifying its approval.
The City's role is clear, the City should implement Section 20.50.10(B & C) and encouraging
nonconforming uses to become more conforming over time or prohibit their reestablishment. It is
improper for the City to rely upon the prior Use Permit as a `precedent for future approvals or
decisions': At minimum a Parking Management Plan and compliance with Section 20.52.60 is
warranted.
The burden lies with the Applicant to remedy the parking impacts and Use Permit violations created
by the use. If the Applicant is unable or willing to do so, the City is required to take appropriate
enforcement actions including revocation of Use Permit 2010 -027.
Page 6 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Observed Violations (UP2010 -027)
Condition No. 36:
"The use of the facilities rear door for deliveries shall be prohibited"
Delivery trucks regularly illegally park on Newport Shores Drive (red curb) adjacent to the rear door
and make deliveries through the rear door. This was the operators plan all along (reference 9 -27 -10
Project description and justification for Directors Use Permit: "The only time a residential neighbor
will see our operations will be during small deliveries to the rear door "). The operator has ignored
this Condition of Approval!
"The rear doors of the facility shall remain closed at all times"
This door has been observed open multiple times during the day and night.
1" L
Delivery through rear door
Photo Date: April 5, 2013 1:30 pm
Rear door open - nighttime
Photo Date: April 2, 2013 9:3012m
Delivery through rear door
Photo Date: April 5, 2013 1:30 pm
Rear door open - daytime
Photo Date: April 3, 2013, 10:00 am
Page 7 of 17
Rear door open — daytime
Photo Date: April 4, 2013, 12:00 am
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
62 d St at Newport Shores Drive
Lack of available parking spaces
Photo Date: April 4, 2013, 7:00 pm
Rear (Kitchen) door open — evening
Note: staining on sidewalk
Photo Date: April 6, 2013, 6:20 pm
62nd St at Newport Shores Drive
Lack of available parking spaces
Photo Date: April 6, 2013, 6:20 pm
Page 8 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Rear Door Open — Note: staining on sidewalk. Why? The building's other rear door has no staining.
Photo Date: April 4, 2013, 6:00 PM
Page 9 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Photo Date: April 6, 2013, 6:20 pm
Note: The parking problem - Eat Chow valet sign and "Spaghetti Bender Parking Only" sign
Photo Date: April 6, 2013, 6:20 pm
Page 10 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Condition No. 37:
"All deliveries shall be conducted on -site through the front entrance"
Deliveries are conducted off -site either through trucks illegally parking on Newport Shores Drive
(adjacent to the red curb) adjacent to the rear of the facility, or trucks park off -site in the adjacent
Spaghetti Bender parking lot and utilize the front entrance. Deliveries occur in this manner because
there is no room for delivery trucks if cars occupy the available on -site parking area. The Applicant
had no intention of complying with this condition as indicated in the Applicants 9 -27 -10 Project
description and justification for Directors Use Permit letter.
Other
• During the consideration of UP2010 -027 in 2010, the Applicant committed to the residents to
have employee's park their vehicles away from the restaurant to reduce the impact on
adjacent residential areas. This is not occurring. Employees park at the closest available
space to the restaurant.
• Eat Chow's valet services charges $3.00 to park its customer's cars off -site on public streets
in the adjacent residential area. To provide prompt service, the valet park at the closest
available space to the restaurant. This further exacerbates the parking shortage in the
residential area adjacent to Eat Chow. The valet is needed because there is a parking
shortage on -site and in the project vicinity. The valet has been observed racing to any
available parking space. This is extremely dangerous in a residential neighborhood with
young children and the elderly and represents a clear risk to public safety. This illegal
activity constitutes a hazard to the public convenience, health, interest, safety, or
general welfare of persons residing or working in the neighborhood of the proposed
use".
Eat Chow illegally operates a valet parking service ($3.00 charge /car) to park its customer's
vehicles on public streets. Eat Chow has no approved Conditional Use Permit or Parking
Management Plan permitting it to do so. Use of public streets for commercial purposes is a
violation of Municipal Code Section 10.08.030 "Use of Streets and Sidewalks for
Commercial Purposes ".
• As noted in the prior photos, there is staining on the sidewalk adjacent to the rear door to the
kitchen of Eat Chow. Please ask the operator for an explanation. The staining cannot be
from deliveries because that is prohibited. Therefore, it must be from employees entering
and exiting the business. Surprisingly, there is no staining on the sidewalk at the main
entrance where customers enter and deliveries are conditioned to occur. We value our
environment and do not want kitchen waste, cleaning fluids and/or detergents polluting the
harbor!
• EAT Chow was cited by the City for having outdoor dining without a permit. Prior to the
issuance of the citation, Eat Chow was warned by the City and ignored the warning resulting
in the citation.
Page 11 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Proposed UP2013 -005
Comments on RESOLUTION ZA2013 -DRAFT
Scope of Analysis: The language in proposed UP2013 -005 states "this approval shall supersede
any previous use permit at this location ". Therefore UP 2013 -05 if approved will supersede the
existing Use Permit UP2010 -027. I interpret this to mean that the proposed Use Permit addresses
the whole of the property, is not an addendum to the previous UP2010 -027, or in addition to
UP2010 -0027. Therefore, the whole of the property /use must be analyzed as part of proposed
UP2013 -005, not just the proposed outdoor dining request.
Section 2 CEQA Determination # 1 & 2:
The Class I CLQA exemption applies to the "ongoing use of existing buildings where there is
negligible or no expansion of use."
Staff determined that the proposed Use Permit will have a negligible expansion of use. No
justification or explanation for how this determination was made is provided. The Project represents
an 11.5% increase in the number of restaurant seats. I do not consider an 11.5% expansion of use
negligible.
What is the definition of "negligible expansion of use "?
Has this definition been codified and applied uniformly throughout the City, or is this an
arbitrary definition developed for this Project?
What is the CEQA threshold of significance for expansion of use?
The CEQA Class 1 exemption does not distinguish between large and small buildings or the type of
use as does the draft Resolution. Certainly, an 11.5% percent expansion of the Balboa Bay Club,
Fashion Island or Newport Coast would not qualify for a Class 1 exemption. The proposed Project
does not qualify for a CEQA Class 1 exemption.
Section 3 - Required Findings
The proposed "Findings" and "Facts in support findings" contained in proposed UP2013 -005 have
modified from those contained in approved UP2010 -027. Facts in support of findings contained in
proposed UP2013 -005 must be consistent with those in proposed UP2013 -05. The only requested
change in the Project is for 4 outdoor seats. One example, the proposed "Findings" do not include
the following "Facts in support of findings" contained in UP2010 -027:
UP 2010 -027 Finding 6 — Facts in support of finding
"The conditions imposed on the use will reduce any possible detriment to the community by
ensuring continued consistency with the intent and purpose of the Municipal Code.
The restrictions on seating and net public area prevent adverse traffic impacts for the
surrounding residential and commercial uses, and patrons who are nearby residents or visitors to
the area will likely walk or ride a bicycle to the restaurant. Bus stops are also located in the
vicinity. "
Page 12 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Why has the City omitted and or modified pertinent "Facts in support of findings" contained in
UP2010 -027?
One example of the significance of these facts is the granting of UP2013 -005 will allow an 11.5%
increase in seating capacity. This increase in use will by definition, increase the parking problems
during peak use periods which contradicts the prior Finding that: "the restrictions on seating and
net public area prevent adverse traffic impacts for the surrounding residential and commercial
uses..."
Buy eliminating and or modifying 23 Conditions of Approval contained in UP2010 -027, the Facts in
support of findings that "The conditions imposed on the use will reduce any possible detriment to
the community by ensuring continued consistency with the intent and purpose of the Municipal
Code" this whole concern has been improperly removed from proposed UP2013 -005.
Finding (B): "The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zonin¢ Code and the Municipal Code."
Finding B (3): The existing use is currently in non - compliance with existing Conditions of Approval
(see above). Therefore, this Finding cannot be made.
The burden lies with the Applicant to remedy the parking impacts and Use Permit violations created
by the use. If the Applicant is unable or willing to do so, the City is required to take appropriate
enforcement actions including revocation of Use Permit 2010 -027. Any new and/or modified
Conditions of Approval should demonstrate compliance with Municipal Code Sections 20.48.090
and 20.40.060 (B).
Finding (C): "The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity."
Finding C (1): Because this business is operating in violation of UP2010 -027 Conditions of
Approval; is operating an illegal off -site valet parking business on public streets; is operating under
different operating characteristics (peak use period has changed from daytime to nighttime); and its
design will not allow required on -site deliveries this Finding cannot be made. Furthermore, the
Project is by definition an 11.5% expansion of the existing use. This expansion will adversely
impact parking in the adjacent residential area. The operating characteristics of this use are not
compatible with the residential uses in the vicinity.
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."
Finding D (1): The existing building and parking lot have not functioned satisfactorily with the
current configuration. There is no room for on -site deliveries when cars are in the parking area.
Consequently, delivery trucks park illegally on Newport Shores Drive and access the building
through the rear access door, a violation of UP2010 -027 Condition of Approval 36, or use the
Spaghetti Bender parking lot for deliveries in violation of Condition of Approval 37. The operating
characteristics are adversely impacts residential parking in the adjacent residential area. The site is
not physically suitable in terms of design, location, shape, size, operating characteristic for the
existing use.
Page 13 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
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."
Finding E (1): The "Project" has not been reviewed. The City's acknowledges that it has not
reviewed the existing Use Permit (UP2010 -027) or considered the ongoing violations as part of its
review. Condition No. 2 states: "this approval shall supersede any previous use permit at this
location ". Therefore, the whole of the project must be evaluated. While the whole of the project is
not evaluated, proposed Conditions of Approval apply to the whole of the property, not just the
outdoor dining area. Why? Alarmingly the proposed Conditions of Approval reduce the City's
control over the property and its use, and allow the Applicant greater flexibility. These changes to
existing UP 2010 -027 Conditions of Approval were neither requested by this Use Permit Application
nor included in the public notice issued by the City for UP2013 -005. These changes in Conditions
of Approval among other opportunities provide the operator the potential to increased business
during peak hours which will further adversely impact the availability of public parking in the
adjacent residential area.
The facts presented herein are not considered by Staff in their preparation of this draft Resolution.
The draft Resolution and its attachments do not include any "conditions to ensure that potential
conflicts with the surrounding land uses are minimized to the greatest extent possible "; do not
implement Municipal Code Section 20.50.10. (B & C) let alone any conditions to remedy existing
Use Permit violations or illegal activities. Staff has not following Municipal Code Section
20.12.020 D (1) to resolve conflicts.
The operator, while required to take reasonable steps to discourage and correct objectionable
conditions, has not taken such steps. In fact, the operator has done the opposite by changing his
business to a predominately nighttime business, promoting change through establishing an illegal
valet parking service and illegally attempting to promote outdoor dining, for which the operator was
cited.
Exhibit A — Conditions of Approval — Draft
Condition #
2. Since "this approval shall supersede any previous use permit at this location ", please
explain why 23 Conditions of Approval contained in UP2010 -0027 have not been carried
forward in proposed UP2013 -005, or have reduced requirements (specifically, Conditions: 1,
3, 4, 7, 8, 9, 11, 12, 13, 14, 19, 31, 35, 38, 40, 41, 42, 43, 45, 47, 48, 49 and 51 of UP2010-
027).
Removal or modification of Conditions of Approval were not requested in the Use Permit
Application and were not noticed to the public. Elimination and or Modification of proposed
Conditions of Approval to reduce requirements of prior Conditions of Approval are
improper.
Page 14 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
In addition, please address the following specific questions:
Condition 1 — Why was the following language deleted from proposed Condition 1?
"....stamped and dated with the date of this approval (Except as modified by
applicable conditions of approval.)"
Condition 3 — Why remove the counter height limitation? Is this not to insure handicapped
compliance in the future?
Condition 7 - Why remove the requirement: "The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange
County Health Department is required prior to the issuance of a building
permit. "?
Will the proposed outdoor seating area meet all applicable Federal and State
Disabilities Access requirements? This is not addressed in the Staff Report,
Draft Resolution or Draft Conditions of Approval.
Condition 8 - Why remove the requirement: "Cleanout shall comply with Public Works
Standard -406 -L regarding sewer lateral cleanouts. "?
Condition 19 - Why remove the requirement: "There shall be no reduced price alcoholic
beverage promotion after 9 p.m. "? By eliminating this restriction the
operator will be able to provide promotions which have the potential to
increase patronage. Increased patronage will further adversely impact the
availability of parking in the adjacent residential area during peak use periods.
Condition 51 - Why remove this Condition? Condition 51 is not the same as proposed
Condition 8 of UP- 2013 -005. Condition 51 cites "Chapter 20.48 of the
Municipal Code" and include "andlor Planning Commission" which
proposed Condition 8 omits.
9. The review of UP20013 -005 application should consider operator compliance with UP2010-
027. The change in circumstances since approval of UP2010 -027 in operational
characteristics, proposed expansion in the number of seats, existing Use Permit violations
and language contained in the existing use permit require the processing of a new Use
Permit.
19. Condition 19 should be revised to address deliveries which involve trucks parking illegally
on Newport Shores Drive and accessing the restaurant through the rear access door, or use
the (off -site) Spaghetti Bender parking lot for deliveries. The burden lies with the Applicant
to remedy the parking impacts and Use Permit violations created by the use. If the Applicant
is unable or willing to do so, the City is required to take appropriate enforcement actions
including revocation of Use Permit 2010 -027.
20. Appropriate enforcement actions should be taken and new Condition(s) of Approval imposed
to insure compliance with Use Permit 2010 -027 conditions 36 and 37 and ultimately
UP2013 -005.
Page 15 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Summary and Recommended Actions
Summary
Eat Chow is a fine restaurant. However, circumstances have changed since its approval in 2010.
Applicant representations allowed the City to reach required Findings in support of UP2010 -027
have not occurred. Assumptions used by the City to justify the initial Use Permit have been
invalidated. As a result, parking in the adjacent residential areas has been adversely impacted. For
nearby residents, there are few if any on- street parking spaces available for us and our guests during
peak restaurant use periods.
Eat Chow has not turned out to be the type of use it was represented to be. Eat Chow Cafe is a
operating as a Restaurant not a cafd in violation of Conditions of its Use Permit, and operating an
illegal valet parking business using public streets. Therefore, the existing use is inconsistent with the
required Findings for Use Permit2010 -027 and the City is required by Conditions 51 to take
enforcement action.
Condition 2 of UP2013 -005 states that: "this approval shall supersede any previous use permit at
this location ". This requires the City to look at the whole of the Project. Given the adverse impact
this restaurant is having on the adjacent residential area, the scope of analysis is that of a new Use
Permit including a new parking analysis is required for proposed Use Permit 2013 -005.
The City needs to clarify its rational for claiming a CEQA, Class 1 exemption, particularly in light of
the 11.5% expansion of use and evaluate the whole of the Project.
The City needs to justify why it is relinquishing control over this use and providing additional
flexibility to the Applicant through elimination and modification of 23 previously adopted
Conditions of Approval for UP2010 -027. Changes to the existing Use Permit Conditions of
Approval are not requested by PA2013 -005, nor are they identified in the public notice. As
proposed, changes to existing Use Permit /Conditions of Approval are improper and illegal.
Eat Chow Cafe committed to be "an excellent neighbor, well aware of its responsibility to the
residents... and attentive to the needs of the neighborhood' and told the City and residents it "will
have more actual parking than we will realistically need" when it applied for the Use Permit in
2010. Far from that, Eat Chow the restaurant is knowingly operating in violation of Conditions of its
Use Permit. Eat Chow knowingly violated outdoor dining regulations and was cited by the City.
Eat Chow knows it has a parking deficiency and has implemented an illegal off -site valet parking
service on public streets without first obtaining a Conditional Use Permit or approval of a Parking
Management Plan.
The burden lies with the City to enforce its regulations.
The burden lies with the Applicant to conduct the use in accordance with these regulations. If the
Applicant is unable or willing to do so, the City is required to take appropriate enforcement actions
including revocation of Use Permit 2010 -027. It is not the resident's problem to solve.
Eat Chow is asking the City for a discretionary action. In considering this request, the City should
take the aforementioned into consideration.
Page 16 of 17
Zoning Administrator April 11, 2013
Item No. 5c: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Recommended Actions
1. The City immediately take enforcement action(s) to remedy existing Use Permit and Municipal
Code violations;
2. Prior to consideration of UP2013 -005, the City must bring the existing use in conformance with
its Use Permit 2010- 027 /Conditions of Approval and demonstrate that the use, as represented in
the 2010 permit application or as modified is in conformance with the City's Findings approving
UP2010 -027. This is required by Condition 51, Municipal Code Section 20.40.060 and the
standards set fort in Municipal Code Section 20.48.090;
3. Continue action on UP2013 -005 to a future date to allow Staff and the Applicant to address
concerns raised by the public; and
4. Instruct staff as a policy to make a reasonable effort to contact surrounding property owners
and/or community organizations prior to drafting staff reports and or implementing documents.
Thank you for your consideration of my comments.
Sincerely,
David Tanner
22362 nd Street
Newport Beach, CA 92663
dave @earsi.com
Page 17 of 17
Zoning Administrator April 11, 2013
Item No. 5d: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Raul Carrega
Represe s nga,coa&ztorvofIV~povtshore�gesid
215 62nd Street
Newport Beach, California 92663
949 - 903 -3133
April 9, 2013
Benjamin M. Zdeba
Assistant Planner
Email bzdeba @newportbeachca.gov.
Re: Eat Chow
Project File No.: PA2013 -034, Activity No.: UP2013 -005
An amendment to expand (outdoor dining)
I am a resident of Newport Beach Shore, my residence is next door. I have been asked by
several residences to speak at the schedule meeting Thursday, April 11, 2013 at 3:30 p.m.
cannot attend along with several of my neighbors. I am writing this protest letter for my
neighbors and myself.
Noise! Noise! Noise! Delivery Trucks through the back door. That's all we hear since Eat
Chow opened its doors. To begin, we neighbors are bombarded with delivery trucks mornings,
afternoons and throughout the day. These delivery trucks ignore the Newport Beach Cities red
curb and park in front of our houses. As a result, trucks are parked in red zones and the lift
gate awakens many of us. Outdoor dining, more trucks in the red zone.
Noise! Noise! Noise! Opening and closing the back door. We hear throughout the day. The
opening and closing of the back door is constantly heard throughout the day. Dining, cleaning,
patrons can be heard through the open and closed door policy throughout the day. Entering
and exiting by employees and vendors, along with watering down mats and other cleaning
duties. Outdoor dining - more cleaning and opening and closing the back door.
Noise! Noise! Noise! There is Valet parking in our neighborhood. Eat Chow is running a
business in Newport Shores residential neighborhood. Patron's autos are parked in the
neighborhood. We are constantly hearing autos during the dinner hours. Auto jams are
occurring frequently along 62nd street, not to mention employee street parking throughout the
day. Outdoor dining more traffic jams.
Noise! Noise! Noise! There is a Roof top heating /venting machine. This apparatus has a
constant humming from 6:00pm to 11:00pm. We are awakening each morning at 6:00am by
this heating system every day. There have been several occasions that this system was kept
on all night. It's hard to believe that such a small building would require such a hugh, ugly and
noisy system. Outdoor dining more roof top humming.
Zoning Administrator April 11, 2013
Item No. 5d: Additional Materials Received
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
My neighbors and I ask that the Zoning Administration of the City of Newport Beach reject this
application and that it reevaluates Eat Chow's operation and code violations. We neighbors
have had enough of this nuisance activity that is constantly taking place and destroying our
once quit neighborhood.
Sincerely,
Representing a coalition of Newport Shore Residence
To: ZONING ADMINISTRATOR
Subject: Additional Materials Received
Item No. 5e: Additional Materials Received
Zoning Administrator April 11, 2013
Eat Chow Outdoor Dining Permit (PA2013 -034)
From: John Guerrero [ mailto :john.guerreroCalus.ibm.com]
Sent: Wednesday, April 10, 2013 11:45 AM
To: Zdeba, Benjamin
Cc: Cosylion, Matt
Subject: Eat Chow Outdoor Dining MUP
Hello Ben Zdeba,
I am writing to you to express my concerns regarding the proposed outdoor dining area at the Eat Chow
restaurant located on 62nd street in Newport Beach CA. Additional dining capacity at Eat Chow will
exacerbate the insufficient parking situation at the restaurant and further adversely affect residents of the
Newport Shores community.
The Eat Chow restaurant does not have adequate parking capacity for its patrons and employees. I raised this
issue with the owner of Eat Chow, prior to the restaurant's opening. The owner stated to me, that his employees
would not be parking in front of homes in the Newport Shores community and thus would not adversely affect
the neighborhood. Rather, his employees would park on 61 st street behind the JEL Studios, Army Surplus, and
Harbor Catering businesses. As an act of good faith, I took the owner at his word. However, since opening
week of the restaurant, Eat Chow employees have continued to park on the residential streets of the Newport
Shores community. I informed an Eat Chow employee that was parked in front of homes on 62nd street, that
the owner of Eat Chow said employees were to be parking behind the businesses on 61 st street. The employee
said "I will ask the owner ". The employee did not move his car and has since, continued to park in front of the
homes on 62nd street. A week later, I spoke with the manager (Jessica) at the Eat Chow restaurant regarding
the statement made by the owner about employee parking. Jessica stated that she would send out an email to
employees, to remind them to park behind the businesses on 61 st street. Many weeks have passed and there has
been no subsiding in the number of Eat Chow employees parking on the residential streets of the Newport
Shores community, despite availability of parking behind the businesses on 61st street. Several weeks after
speaking with the manager, I raised this issue with the owner of Eat Chow, his statement to me was "They aren't
parking on 61 st street? They should be! It is in their employee hiring packet." Weeks have passed since this
discussion with the owner and there still has been no noticeable change in employee parking behavior, despite
available parking behind the businesses on 61st street.
As mentioned above, Eat Chow does not have adequate parking capacity for it's patrons. This is particularly
evident during the evening hours of operation. To mitigate this situation, Eat Chow has initiated a valet parking
service during the evening hours of Friday, Saturday and Sunday.
However, Eat Chow does not have a designated area for valet parking on their property. Thus, the valet parking
service utilizes the residential streets of the Newport Shores community for valet parking.
The valet service utilizing public streets is not only a probable city code violation but has now created a public
safety issue. On multiple occasions I have witnessed the valet attendant speeding thm the community in an
effort to reach open parking spaces. As an example, on the evening of February 18th, I was driving Eastbound
on Newport Shores Ave, when the valet attendant abruptly pulled out in front of me from 62nd street, despite
the fact that I had the right of way and he was supposed to stop at the stop sign on 62nd street.
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He obviously had seen the open parking space on the Southbound side of 62nd street, one car length in from
Newport Shores Drive. He continued Eastbound on Newport Shores Drive at a very high rate of speed before
quickly turning left on 61 st street. At the time, I was unaware that the driver of the vehicle was a valet
attendant. I too saw the open parking space on the Southbound side of 62nd street. I turned left down the alley
between 61st and 62nd street. This route is a "shortcut" back to 62nd street. Despite the shorter distance, as I
traveled less than three quarters down the alley, I saw the vehicle driven by the valet attendant speed past the
end of the alley! There is no way he could have covered that much distance without speeding down 61 st street.
He then raced to the open parking space near the end of 62nd street. Seconds later he was backing into the
parking space as I turned onto 62nd street. When I spoke with the valet attendant later that evening he admitted
"I am racing everywhere to park these cars."
There are many children in the Newport Shores community. There is a children's park on 61st street. This is
the same street that the valet attendant was speeding down. I frequently take my 4 and 6 year old children to
this park. Our community also has a good amount of pedestrian and bike traffic, even in the evenings. In the
evenings, Newport Shores is a dark community as we do not have street lights. The inherent hurried nature of
the valet parking service is adversely affecting traffic safety in our community.
I ask that you consider the safety and well being of the residents of the Newport Shores community and not
allow the insufficient parking situation at the restaurant to continue or worsen. I also ask that the owner of Eat
Chow, work with the City, neighboring businesses and affected residents of the Newport Shores community to
find an amicable solution to the restaurant's insufficient parking situation.
As a solution, I suggest that Eat Chow put together a parking management plan and share it with the
community. More specifically, I suggest Eat Chow not utilize residential streets to supplement it's insufficient
business parking but work with neighboring businesses and make use of existing commercial parking
immediately adjacent to the Eat Chow restaurant. The neighboring businesses include JEL Studios, Harbor
Catering, the John Wayne Foundation, South Coast Army and Navy, and the Outpost.
I am open to a dialogue with Eat Chow to address and resolve the insufficient business parking situation. I also
welcome the existence of the Eat Chow restaurant and the services it can provide. However, expanding the
dining capacity for a business that already has insufficient parking capacity for it's employees and patrons, will
exacerbate the burden on a residential beach community already challenged with parking from beach goers,
existing businesses, and multi tenant residences.
Regards,
John Guerrero
Home Owner and Resident of Newport Shores
Zoning Administrator April 11, 2013
Item No. 5f: Additional Materials Received at meeting
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Opposed to Increased Traffic and Parking Shortages
The undersigned home owners, residents, business owners and business employees do hereby oppose
the proposed amendment to a use permit allowing for the addition of an outdoor dining area at the
existing Eat Chow restaurant located at 21162 Id Street in Newport Beach CA.
The existing dining capacity has adversely affected the traffic and parking conditions in the Newport
Shores community. Additional dining capacity will further exacerbate the increased traffic and parking
shortages directly in front of and adjacent to our homes and businesses.
We urge Newport Beach public officials not to amend the existing Eat Chow restaurant use permit.
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Zoning Administrator April 11, 2013
Item No. 5f: Additional Materials Received at meeting
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Opposed to Increased Traffic and Parking Shortages
The undersigned home owners, residents, business owners and business employees do hereby oppose
the proposed Use permit UP2013 -005 allowing for the addition of an outdoor dining area at the
existing Eat Chow restaurant located at 21162nd Street in Newport Beach CA.
The existing dining capacity has adversely affected the traffic and parking conditions in the Newport
Shores community. Additional dining capacity will further exacerbate the increased traffic and parking
shortages directly in front of and adjacent to our homes and businesses.
We urge Newport Beach public officials not to approve UP2013 -005.
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Zoning Administrator April 11, 2013
Item No. 5f: Additional Materials Received at meeting
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Opposed to Increased Traffic and Parking Shortages
The undersigned home owners, residents, business owners and business employees do hereby oppose
the proposed amendment to a use permit allowing for the addition of an outdoor dining area at the
existing Eat Chow restaurant located at. 211 62nd Street in Newport Beach CA.
The existing dining capacity has adversely affected the traffic and parking conditions in the Newport
Shores community. Additional dining capacity will further exacerbate the increased traffic and parking
shortages directly in front of and adjacent to our homes and businesses.
We urge Newport Beach public officials not to amend the existing Eat Chow restaurant use permit.
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Zoning Administrator April 11, 2013
Item No. 5f: Additional Materials Received at meeting
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Opposed to Increased Traffic and Parking Shortaaes
The undersigned home owners, residents, business owners and business employees do hereby oppose
the proposed amendment to a use permit allowing for the addition of an outdoor dining area at the
existing Eat Chow restaurant located at 21162 "d Street in Newport Beach CA.
The existing dining capacity has adversely affected the traffic and parking conditions in the Newport
Shores community. Additional dining capacity will further exacerbate the increased traffic and parking
shortages directly in front of and adjacent to our homes and businesses.
We urge Newport Beach public officials not to amend the existing Eat Chow restaurant use permit.
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Zoning Administrator April 11, 2013
Item No. 5f: Additional Materials Received at meeting
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Opposed to Increased Traffic and Parking Shortages
The undersigned home owners, residents, business owners and business employees do hereby oppose
the proposed Use permit UP2013 -005 allowing for the addition of an outdoor dining area at the
existing Eat Chow restaurant located at 21162 d Street in Newport Beach CA.
The existing dining capacity has adversely affected the traffic and parking conditions in the Newport
Shores community. Additional dining capacity will further exacerbate the increased traffic and parking
shortages directly in front of and adjacent to our homes and businesses.
We urge Newport Beach public officials not to approve UP2013 -005.
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Zoning Administrator April 11, 2013
Item No. 5f: Additional Materials Received at meeting
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
Notes for 418 Carnation Avenue Parcel Map Public Hearing
The construction at 418 Carnation Avenue doesn't have a sidewalk and parkway along First Avenue.
Instead, the contractor has put in landscaping in the public right -of -way.
This means people with strollers, walking dogs, and just walking along First Avenue, will not have use of
a sidewalk but instead will be walking onto the street. This is notjust an inconvenience, but also a
hazard, given the traffic and the narrow street.
This is a highly -used route in large part because it is a route to Begonia Park. It is an approach to a busy
intersection at Carnation and First Avenues. In addition, Carnation Avenue is a thoroughfare, with a
significant amount of traffic from both directions making turns onto First Avenue. So people are
unnecessarily being put in danger by having to detour into the street.
Other new developments on the block of First Avenue put in sidewalks and parkways. This includes the
home just up the block on the same side of the street, at 419 Dahlia Avenue. Also, a corresponding
home a block away, at Carnation and Second Avenues, has a sidewalk and parkway along Second
Avenue. As also does the house at the diagonal corner from 418 Carnation, at 421 Dahlia, which broke
ground the same day as 418 Carnation.
We understand that there was another problem with 418 Carnation violating standards, having to do
with encroachment into the front setback, and that the contractor was required to remove part of the
encroachment, but most of it was allowed to stand. So this development has a history of violating
standards for new construction. They shouldn't be allowed to deviate from standards again.
Zoning Administrator April 11, 2013
Item No. 5f: Additional Materials Received at meeting
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
P. O. Box 411
Corona Del Mar, CA 92625
April 11, 2013
TO: Zoning Administrator
City of Newport Beach
RE: 418 Carnation Avenue Parcel Map Public Hearing of April 11, 2013
REQUEST: Continue this application to a future date to allow for consideration of public right -of -way
issues (sidewalk and encroachment) as detailed in the attached letter to the Public Works Director dated
April 9, 2013 and oral testimony given at today's hearing.
Thank you.
1e
P141lis Howard
Attachments (5)
Zoning Administrator April 11, 2013
Item No. 5f: Additional Materials Received at meeting
Eat Chow Outdoor Minor Use Permit (PA2013 -034)
SENT CERTIFIED MAIL, RETURN RECEIPT P. O. Box 411
Corona Del Mar, CA 92625
April 9, 2013
Mr. David Webb
Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA
Dear Mr. Webb:
RE: 418 CARNATION AVENUE — NEW HOME CONSTRUCTION
Please evaluate the First Avenue side of this house for encroachment into public right -of -way.
Please assure that standard, safe sidewalks are installed for the entire length of the house. No one,
including the handicapped, people pushing baby carriages, etc. can walk in the street safely.
If you wish further comments from me or from other neighbors, please contact me. Our phone number
is (949) 675 -8219.
We have enclosed pictures showing the current condition of the area.
Thank you for your prompt attention to this matter.
Sincerely,
Phyllis Howard
Items 1, 2, 3, 4 and 5 Additional Materials
Comments on April 11, 2013 Zoning Administrator agenda - Jim Mosher Page 4 of 4
Item 5. Eat Chow Outdoor Dining (PA2013 -034)
In the draft Resolution of Approval:
• Section 2.1: there is no "Section 15301 of the California Environmental Quality Act." It is a
section of the Implementing Guidelines. See Section 2.1 of today's Item 3 for a more accurate
finding.
• Condition 32 is probably intended to read "... on any property adjacent to the licensed premises
under the control of the licensee."
• It does not appear all the conditions from the earlier permit have been copied into the new one.