HomeMy WebLinkAboutItem 3 - Harborside Restaurant Dining Deck at 400 Main StreetaEwvoRr CITY OF
°� ms NEWPORT BEACH
Cq�F00.HP Harbor Commission Staff Report Agenda Item No. 3
July 11, 2012
TO: HARBOR COMMISSION
Public Works Department
FROM: Shannon Levin, Harbor Resources Supervisor
949 - 644 -3041, shannon @newportbeachca.gov
TITLE: Harborside Restaurant Dining Deck at 400 Main Street
ABSTRACT:
The Harbor Commission will discuss the proposed patio deck development at the Harborside
Restaurant located at the Pavilion at 400 Main Street.
RECOMMENDATION:
1. Advise the Harbor Resources Manager on permitting the dining deck located at
Harborside Restaurant at the Pavilion.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Harborside Restaurant is located on the first floor of the historic Pavilion building located in
Balboa Village. Harborside operates at this location as well as the banquet facilities located
upstairs in the Grand Ballroom. The owner of Harborside Restaurant, David Salisbury, has
requested to expand the first floor restaurant facility with an outdoor patio area. The property
owner is supportive of the submission.
Staff has brought this development to the Harbor Commission to inform the Commission of the
unique development over City Tidelands and to receive comment. The existing structure is
supported by piling bayward of the Bulkhead Line (Attachment A). Typically all buildings are
built landward of the physical bulkhead and Bulkhead Line. The Pavilion nearly entirely
encroaches into the City Tidelands (Attachment B).
The proposed patio area is designed within the existing footprint of the building positioned
under the second floor (Attachments C and D).
The proposed patio deck is 12ft by 74ft, with net public area of 735ft2; built flush with the first
floor and located under the existing second floor overhang. The structure is designed as a
fixed, cantilevered deck supported by existing piling and structural braces (Attachment E).
Harborside Restaurant Dining Deck at 400 Main Street
July 11, 2012
Page 2
Currently a floating dock is in this area, home to fishing skiffs and electric boats. The design
allows for the existing float to be relocated bayward and still within the marina. There are two
electric boats and eighteen skiffs. As the drawing indicates the skiffs appear stacked 6 long by
3 wide. Staff has advised the applicant that this berthing configuration does not meet the Fire
Code, and the berthing configuration shall be revised and later approved by Harbor Resources.
Additional items for discussion include hours of operation, noise, light/glare, water quality, and
feeding of wildlife. The applicant has consulted the City on these topics and will implement
operational elements to maintain them. The current hours of operation are 10am to 9:30pm;
hours of operation will not be extended with this development. The Fire Code has limited patio
occupancy to 49 persons, excluding wait staff.
The surrounding Fun Zone area attributes to a constant ambient noise level that will neither be
affected by the outdoor patio nor will the patio be louder than the existing mixed -use village.
Exterior music will be limited to low volume live music sans percussion and /or low volume
stereo.
Lighting has been designed to illuminate the patio area and shall not spill over the water. The
low level lights are designed to reflect the existing lighting level of the restaurant and ballroom.
The proposed lighting will not introduce brighter lighting conditions than exist.
Water quality concerns include trash and litter and wash down practices. The patio will be
equipped with appropriate refuse receptacles. The applicant will install flooring with a lipped
perimeter to keep debris, wash water, and other materials within the floor tray. The patio will
drain into the sanitary sewer, like many other area drains, to eliminate the possibility of
introducing trash and other pollutants into the harbor. Harborside Restaurant will maintain a "No
Feeding" policy to all wildlife in accordance with the Municipal Code.
The applicant met with City staff at a Development Review Committee meeting in the fall of
2011 to discuss department - relative issues. Comments have been received and integrated into
the plans we see today. Those comments come from Public Works, Harbor Resources, Fire,
Utilities, Planning, and Building. Subsequent steps in the process will be to issue an Approval in
Concept (Harbor Resources) which the applicant will submit to the Coastal Commission and
Army Corps of Engineers for approval. Once those approvals are received the project will
undergo engineering plan check with the City.
ENVIRONMENTAL REVIEW:
Staff recommends the Harbor Commission find this project exempt from the California
Environmental Quality Act ( "CEQA ") pursuant to Section 15301, Class 1, (Existing
Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment.
Harborside Restaurant Dining Deck at 400 Main Street
July 11, 2012
Page 3
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the Harbor Commission considers the item).
Submitted by:
Shannon Levin
Attachments Attachment A- Aerial Photo of Pavilion with Harbor Lines
Attachment B- Current Configuration
Attachment C- Proposed Configuration
Attachment D- Proposed Configuration Frontage
Attachment E- Proposed Elevation
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