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HomeMy WebLinkAbout25 - Tommy Bahamas at CdM Plaza - PA2008-029CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 25 May 13, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Janet Johnson Brown, Assistant Planner (949) 644 -3236, ibrown(&citv.newport- beach.ca.us SUBJECT: Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) 854 Avocado Avenue • Use Permit No. 3623 APPELANT: W. C. Wells, Tommy Bahamas ISSUE: Should the City Council sustain, reverse, or modify the Planning Commission's denial, resulting from a 3-4 vote on a motion to approve, of Tommy Bahamas' request to amend Use Permit No. 3623 to permit an additional 461 - square -foot outdoor dining patio? RECOMMENDATION: Staff recommends that the City Council conduct a de novo hearing, grant the appeal, and reverse the decision of the Planning Commission by approving an amendment to Use Permit No. 3623, subject to the findings and conditions of approval included in the draft resolution attached as Exhibit 1. r L_ E 9 Restaurant Location GENERAL PLAN F7 , Tommy Bahamas at Corona del Mar Plaza May 13, 2008 Page 2 VICINITY MAP / �Pn r� a, PC 17 \ PC-27 $ 3 N�'o� LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE General Commercial Newport Village Planned Corona del Mar Plaza, a retail CG Community PC -27 commercial shopping center NORTH PF Public Facilities PC -27 Newport Beach Central Library SOUTH Corridor Commercial Retail & Service Retail commercial and office CC Commercial (RSC) developments EAST Single -Unit Residential Point Del Mar Planned Single -unit residential Detached RS -D nit Commu PC -34 WEST Regional Commercial Corporate Plaza Planned Commercial office development Office CO -R Communit PC -27 Tommy Bahamas at Corona del Mar Plaza May 13, 2008 Page 3 INTRODUCTION: Project Setting and Description The project is located in a retail commercial shopping center known as Corona del Mar Plaza at the northeast corner of East Coast Highway and Avocado Avenue. The restaurant and an affiliated retail store are located in a 10,126- square -foot single -story building. The existing restaurant is a 5,769- square -foot full - service, low turnover eating and drinking establishment, and consists of an indoor dining area, a 1,000 - square -foot outdoor dining patio area, full bar, restrooms, kitchen, storage, and service areas. The application is for a new 461- square -foot outdoor dining patio to be located at the front of the restaurant facing the parking lot. Because the new 461- square -foot outdoor dining area would be in excess of the outdoor dining area allowed by Section 20.82.050 (Accessory Outdoor Dining) of the Municipal Code, and is a change to the operational characteristics of the restaurant, an amendment to the existing Use Permit No. 3623 is required. Background Use Permit No. 3623 was approved by the Planning Commission in April 1998 to allow the construction of a full - service, low turnover eating and drinking establishment with indoor and outdoor dining areas, a full bar, restrooms, kitchen, and storage areas. The approved project includes full liquor service, live entertainment, and an accessory outdoor dining area. Planning Commission Meeting On April 3, 2008, the Planning Commission conducted a public hearing for an amendment to Use Permit No. 3623. Some members of the Commission expressed concern about the impact the additional outdoor dining area could have if additional parking was not provided in the shopping center, that the additional outdoor dining area could be detrimental to the other tenants in the shopping center, and that the additional outdoor dining area could exacerbate an already bad parking situation. The applicant acknowledged that parking was a concern, but that they felt six additional tables would not have much impact on the parking. At the conclusion of the public hearing, the Commission voted on a motion to approve the project, which failed by a vote of three (3) ayes and four (4) noes, effectively denying the project. This is consistent with the Rules of Procedures for the Planning Commission, Section VIII (Voting Procedures), Item D, which states "if there is no action by an affirmative vote, the result is denial." A copy of the Planning Commission Staff Report for the April 3, 2008, meeting is attached as Exhibit 2 and the minutes from that meeting are attached as Exhibit 3. 5 Tommy Bahamas at Corona del Mar Plaza May 13, 2008 Page 4 DISCUSSION: Appeal The applicant has submitted an appeal requesting that the City Council reconsider the Planning Commission's denial of the proposed amendment to Use Permit No. 3623. A copy of the appellant's written statement in support of the appeal is attached to this report as Exhibit 4. In summary, the appellant states that the intent of the proposed addition of a 461 - square -foot outdoor dining patio area is to "increase visibility of the restaurant," and "to take advantage of the Newport Beach climate and enhance the overall experience of visiting Tommy Bahamas and Corona del Mar Plaza." The appellant asserts that the new outdoor dining patio would not exceed the available allowable floor area for the overall shopping center, and that the additional floor area resulting from the new outdoor dining patio would comply with the parking requirements for the shopping center. The appellant also includes information in the statement that a net reduction in the number of seats by two (2), including the number of seats proposed in the new outdoor dining patio, resulted from a recent remodel of the restaurant and a revised seating arrangement. This new information was not provided to staff as part of the application and it was not presented at the public hearing. Analysis The project site is regulated by the Newport Village Planned Community Development Standards, which specifies the maximum floor area, development limits, and parking requirements for Corona del Mar Plaza. The development standards include a provision that states outdoor dining areas for the exclusive use of a restaurant shall be counted as floor area, except as otherwise permitted by the Newport Beach Municipal Code. Section 20.82.050 of the Municipal Code allows the Planning Director to approve applications for outdoor dining areas, provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the establishment, or 1,000 square feet, whichever is less. Outdoor dining areas that meet these criteria are not included in the calculations for required off - street parking. In this case, the existing restaurant includes a 1,000- square -foot outdoor dining area and the applicant is requesting to add an additional 461 - square -foot outdoor dining area. Therefore, the proposed new outdoor dining area would be counted as gross floor area, in addition to being included in calculations for required off - street parking. Floor Area The development standards for the project site allow a maximum of 105,000 gross square feet to be developed, of which 15 percent, or 15,750 square feet may be devoted to restaurant uses. Restaurant uses are defined by the Newport Village �0 Tommy Bahamas at Corona del Mar Plaza May 13, 2008 Page 5 Planned Community Text as "a place of business with the principal purpose to sell or serve food products and beverages for consumption on the premises.' Corona del Mar Plaza currently consists of 104,538 square feet, with 14,424 square feet devoted to two restaurants (Tommy Bahamas and Gulfstream). The addition of the proposed 461- square -foot outdoor dining patio would not exceed the maximum allowable floor area for the overall center and would comply with the floor area and development limits for restaurant uses. Off - Street Parking The off - street parking requirements specified by the Newport Village Planned Community Development Standards establish a minimum of 4.9 off - street parking spaces for every 1,000 square feet of gross floor area for all uses. When Corona del Mar Plaza was developed, a total 516 parking spaces were provided on -site. This provides the minimum required number of spaces for the center as if it were built to the maximum allowable square footage (105,000 sq.ft. — 1,000 sq.ft. x 4.9 spaces = 515 spaces), plus one surplus space. Therefore, pursuant to the development standards, the proposed addition of the 461- square -foot outdoor dining area would not result in the need for additional parking spaces. Although the proposed project meets the minimum parking requirements established by the Newport Village Planned Community Development Standards, the Planning Commission expressed a concern about the lack of available parking in the shopping center. During the public hearing on April 3, 2008, information regarding the reduction of the net number of seats for the restaurant was not disclosed by the applicant. As stated previously in this report and described in the appellant's written statement, a revised seating arrangement for the interior dining area, existing and proposed outdoor dining patio areas, would result in a net reduction of two (2) seats. A copy of the project plans with the existing seating plan and the revised seating plan with the proposed outdoor dining area is attached as Exhibit 5. Staff believes this reduction in overall seats for the restaurant would not intensify the parking requirements for the proposed project, and that the finding can be made that the proposed project will not be detrimental to the neighborhood, or properties, or improvements in the vicinity of the project. To address the concerns of the Planning Commission, staff has added a condition of approval that states the total number of seats for the interior and exterior dining areas of the restaurant shall not exceed 283 seats, as shown on the proposed seating plan attached to this report. This is provided as Condition No. 5 in the attached draft resolution (Exhibit 1). Conclusion In conclusion, staff believes that the proposed project meets the intent and is in accord with the objectives of the Municipal Code and the Newport Village Planned Community District, is consistent with the General Plan, and will not be detrimental to the general welfare of the neighborhood, or properties in the vicinity. A draft resolution is attached that reflects the required findings that must to be made in order to grant an amendment I Tommy Bahamas at Corona del Mar Plaza May 13, 2008 Page 6 to the use permit, and includes a condition of approval limiting the number of seats allowed in the restaurant. If the City Council concurs that the additional outdoor dining area, in conjunction with a reduction in overall seats in the restaurant, will not negatively impact the existing parking in Corona del Mar Plaza, staff recommends that the City Council grant the appeal by adopting a resolution to approve an amendment to Use Permit No. 3623, subject to the findings and conditions of approval in the attached Exhibit 1. Alternatives If the City Council determines that not all the facts in support of the findings can be made for the appellant's request, the City Council should direct staff to prepare findings and a resolution denying the request and return at the next available City Council meeting date with such resolution for adoption; or 2. The City Council may suggest specific project modifications that are needed for approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes are directed, the item should be removed from calendar to allow redesign of the project. Environmental Review: This project has been reviewed, and it has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The proposed addition of a 461 - square -foot outdoor dining patio is minor in nature. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Submitted by: /�f %liI David Brown, Assi�stant Planner ,�,Kg Director (BITS 1. Draft Resolution No. 2008-_; findings and conditions of approval 2. April 3, 2008, Planning Commission Staff Report 3. April 3, 2008, Planning Commission Meeting Minutes 4. Appellant's Written Statement 5. Project Plans Exhibit No. 1 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH GRANTING AN APPEAL OF THE PLANNING COMMISSION'S DECISION AND APPROVING AN AMENDMENT TO USE PERMIT NO. 3623 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 854 AVOCADO AVENUE (PA2008 -029) WHEREAS, an application was filed by Tommy Bahamas with respect to property located at 854 Avocado Avenue, and legally described as a Portion of Parcel No. 1 of Parcel Map filed in Book 90, Page 361 of Parcel Maps Records of Orange County, requesting approval of an amendment to Use Permit No. 3623 to permit an additional 461- square -foot outdoor dining patio to an existing eating and drinking establishment that would be in excess of the maximum outdoor dining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining) of the Newport Beach Municipal Code; and WHEREAS, at a noticed public hearing held on April 3, 2008, the Planning Commission considered the project application, plans, and written and oral evidence presented at this meeting, and denied an amendment to Use Permit No. 3623 to allow the addition of a 461 - square -foot outdoor dining patio to an existing eating and drinking establishment; and WHEREAS, on April 17, 2008, an appeal of the Planning Commission's decision to deny an amendment to Use Permit No. 3623 was filed by the applicant requesting that the City Council reconsider the Planning Commission's decision on the grounds that the proposed project does not exceed the allowable square footage for the overall shopping center; that the proposed project is supported by the minimum number of required parking spaces in the shopping center; and that the net total number of restaurant seats is being reduced by 15 seats due to a revised seating arrangement; and WHEREAS, pursuant to Section 20.95.060 C, a public hearing on an appeal is conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the appeal was filed. The appellate body is not bound by the decision being appealed or limited to the issues raised on appeal; and WHEREAS, a public hearing on the appeal of the Planning Commission's decision to deny an amendment to Use Permit No. 3623 was held on May 13, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the City Council at this meeting; and WHEREAS, an amendment to Use Permit No. 3623 for the proposed changes to the existing eating and drinking establishment has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. 16 City of Newport Beach City Council Resolution No. Pape 2 of 9 Facts in Support of Finding: The project is located in the Newport Village Planned Community District, which allows for the development of retail, governmental, institutional, and open space uses, and the project site is designated for retail uses. Restaurants are a permitted use subject to approval of a use permit. The existing restaurant use was approved in April 1998 pursuant to Use Permit No. 3623, and the proposed project to allow an additional 461 - square -foot outdoor dining patio would be consistent with the provisions of the Newport Village Planned Community Development Standards and Municipal Code. 2. Finding: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. Facts in Support of Finding: The existing restaurant use is consistent with the General Commercial (CG) land use designation of the General Plan, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Pursuant to the Newport Village Planned Community Development Standards, the cumulative development of the site is limited to a maximum of 105,000 square feet, and parking for the site is based on the gross floor area of all uses. The proposed amendment to the existing use permit to allow an additional 461 - square -foot outdoor dining area to an existing eating and drinking establishment and will not exceed the maximum gross floor area allowed for the site. The total number of parking spaces provided on site is consistent with the minimum requirement established by the development standards, and the proposed addition of a 461 - square -foot outdoor dining area will not result in the requirement for additional parking spaces. The approval of the proposed addition of a 461 - square -foot outdoor dining area to an existing eating and drinking establishment, and the conditions under which the existing restaurant will be operated and maintained will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties, or improvements in the vicinity, or to the general welfare of the city for the following reasons: • Restaurant uses are compatible with the surrounding commercial and residential uses since they are typically located in retail commercial shopping centers and serve the regional needs in the area. • The net reduction in overall seats for the restaurant will not intensify the parking requirements for the proposed project. City of Newport Beach City Council Resolution No. _ Page 3 of 9 • The existing restaurant has operated in this location under the existing Use Permit No. 3623 since 1999, and has not been a detriment to the neighborhood. • The hours of operation of the proposed project, as conditioned, will be limited to 11:00 a.m. to 11:00 p.m. daily for the outdoor dining areas and 11:00 a.m. to 12:00 midnight daily for the interior dining area. • Specific conditions are included to require strict adherence to noise regulations so as to eliminate noise impacts to the surrounding area. • Live entertainment is limited to the interior of the restaurant and no dancing is permitted. 3. Finding: That the proposed use will comply with the provisions of this code, including any speck condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The proposed addition of a 461 - square -foot outdoor dining area to an existing restaurant would substantially comply with the design and development standards for a full - service, low turnover eating and drinking establishment. The previous waiver of development standards as they apply to site requirements, walls, and landscaping were addressed by the development standards specified by the Newport Village Planned Community District, and by Site Plan Review No. 74, which were approved by the City Council on November 27, 1995, for development of Corona del Mar Plaza. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act. The proposed addition of a 461 - square -foot outdoor dining patio to the existing eating and drinking establishment is minor in nature. NOW, THEREFORE, BE IT RESOLVED: Section 1. The City Council of the City of Newport Beach hereby approves an amendment to Use Permit No. 3623, subject to Conditions of Approvals in Exhibit "A" attached hereto and made part hereof. PASSED, APPROVED AND ADOPTED THIS 13'm DAY OF MAY 2008. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS )l� City of Newport Beach City Council Resolution No. _ Paae 4 of 9 ATTEST: CITY CLERK )5 City of Newport Beach City Council Resolution No. Paqe 5 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 3623 (Project - specific conditions noted in italics) Planning Department The following conditions herein replace and supersede the previous conditions of approval dated April 9, 1998, upon implementation of this amendment. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The development shall be in substantial conformance with the site plan and floor plans stamped with the date of this approval. 4. The area of the new outdoor dining patio shall not exceed 461 square feet, as shown on the plans stamped with the date of this approval. 5. The seating arrangement for the restaurant shall be as shown on the plans stamped with the date of this approval. In no case shall the total number of seats in the interior and exterior dining areas of the restaurant exceed 283 seats. 6. All applicable previous conditions of approval of site Plan Review No. 74 and its accompanying applications shall be fulfilled and remain in force (dated December 29, 1995), except as noted below. The restaurant hours of operation for the interior dining area shall be limited to between 11:00 a.m. and 12:00 midnight daily, and the outdoor dining patio areas shall close at 11:00 p.m. daily. Any increase in the hours of operation shall be subject to the approval an amendment to this Use Permit. 8. Regular food service from the full lunch and dinner menu shall be made available at all times the facility is open. 9. Live entertainment shall be limited to two performers, and may be amplified, but shall be confined to the interior of the building. Any increase in the number of performers beyond two persons shall require the approval of the Planning Commission. 10. All windows and doors on the southerly and parking lot sides of the building shall be permitted to remain open during the performance of the live entertainment, and windows and doors on the East Coast Highway and westerly sides of the building shall remain closed during the performance of the live entertainment. )A City of Newport Beach City Council Resolution No. Page 6 of 9 11. All speakers located in the outdoor dining patio areas of the restaurant shall be limited to no more than the noise level criteria specified in Chapter 10.26 of the Newport Beach Municipal Code. Should any music emanating from the outdoor dining patio area speakers or from interior live entertainment be heard at the nearside comer of the intersection of Sea Lane and Harbor View Drive, the speaker volume for the outdoor dining area speakers shall be reduced to eliminate any noise impacts. 12. The speakers located in outdoor dining patio areas shall not be utilized in conjunction with the sound system of the live entertainment or paging of patrons. The outdoor dining area speakers shall be utilized for ambient background noise effect and shall be limited to pre- recorded music only. 13. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment and to develop a set of corrective measures necessary in order to insure compliance. 14. No dancing shall be permitted in conjunction with the permitted use, unless an amendment to this use permit is first obtained. 15. Roof coverings over the outdoor dining areas shall not have the effect of creating a permanent enclosure, unless a use permit is first approved by the Planning Commission.' 16. Any change in operational characteristics and/or hours of operation of the restaurant shall require amendment to this Use Permit or the processing of a new Use Permit. 17. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current business owner, property owner and /or, the leasing agent. 18. 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. 19. 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. 20. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, fitter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 0 City of Newport Beach City Council Resolution No. _ Paae 7 of 9 21. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 22. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when .placed for pick -up by refuse collection agencies. Trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 23. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by both the Public Works Department and Caltrans in conjunction with the issuance of an encroachment permit or encroachment agreement from each. 24. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 25. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 26. 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. 27. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 28. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain I� City of Newport Beach City Council Resolution No. Paae 8 of 9 records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Department on demand. 29. The approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 30. The use permit 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. 31. The sale of alcoholic beverages shall be incidental to the food service in conjunction with the subject restaurant. 32. 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. 33. Deliveries, refuse collection, or similar activities for the facility shall be permitted only between the hours of 7:00 a.m. and 10.00 p.m. daily, unless otherwise approved by an amendment to this Use Permit 34. The Planning Commission may add to or modify conditions of approval to this use permit or revoke this approval upon a finding of failure to comply with the conditions set forth in Chapter 20.82 of the Municipal Code or other applicable conditions and regulations governing the food establishment. The Planning Commission may also revoke this Use Permit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 35. This approval shall expire unless exercised within 24 months from the end of the appeal period as specified in Section 20.91.050 of the Newport Beach Municipal Code. Building Department 36. All exits shall remain free of obstructions and available for ingress and egress at all times. 37. 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. l� City of Newport Beach City Council Resolution No. Paae 9 of 9 38. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained, and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited in the parking lot and public alley. 39. Strict adherence to maximum occupancy limits is required. 40. The project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. Fire Department 41. Portable propane heaters are not allowed on the outdoor dining patio areas. Any heating units shall be installed under permit in accordance with the California Electrical Code or California Mechanical Code, 2007 Edition. 1� CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 3, 2008 Agenda Item ,8 SUBJECT: Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) 854 Avocado Avenue • Use Permit No. 2008 -003 APPLICANT: Tommy Bahamas (Jason Beagle, Contact Person) PLANNER: Janet Johnson Brown, Assistant Planner (949) 644 -3236, Ibrown(a)city.newport- beach.ca.us PROJECT SUMMARY The applicant is requesting approval of an amendment to Use Permit No. 3623 to permit an additional 461 - square -foot outdoor dining patio to an existing eating and drinking establishment that would be in excess of the maximum outdoor dining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining) of the Newport Beach Municipal Code. RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing, and adopt a resolution (Exhibit 1) to approve the amendment to Use Permit No. 3623, subject to findings and conditions. 4* THIS PAGE LEFT BLANK INTENTIONALLY Al Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 2 VICINITY MAP Restaurant Location LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE General Commercial Newport Village Planned Corona del Mar Plaza, a retail CG Community PC -27 commercial shopping center NORTH PF Public Facilities PC -27 Newport Beach Central Library SOUTH Corridor Commercial Retail & Service Retail commercial and office CC Commercial (RSC) developments EAST Single -Unit Residential Point Del Mar Planned Single -unit residential Detached RS -D Communi PC -34 WEST Regional Commercial Corporate Plaza Planned Commercial office development Office CO -R Communi (PC-27) WIN IQ, THIS PAGE LEFT BLANK INTENTIONALLY �3 Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 3 INTRODUCTION Proiect Settin The project is located in a retail commercial shopping center known as Corona del Mar Plaza at the northeast corner of East Coast Highway and Avocado Avenue. The restaurant is located in a 10,126 - square -foot single -story building and consists of an indoor dining area, an outdoor dining patio, a full bar, and restrooms. A retail store affiliated with the restaurant is located within the same building. Project Description The existing restaurant is a 5,769- square -foot full - service, low turnover eating and drinking establishment with an existing 1,000 - square -foot outdoor dining patio located at the southeasterly side of the building. The applicant requests to add a new 461 - square -foot outdoor dining patio for the exclusive use of the restaurant. The new outdoor dining patio is proposed to be located directly adjacent to the restaurant under an existing shade trellis on the northeast side of the building facing the parking lot. No parking spaces would be displaced by the proposed outdoor dining patio. The proposed addition of the new outdoor dining patio would be in excess of the area devoted to outdoor dining allowed by Section 20.82.050 (Accessory Outdoor Dining) of the Municipal Code, and is a change to the operational characteristics of the existing restaurant. Therefore, the proposed project requires an amendment to the existing Use Permit No. 3623. No other operational changes are proposed with this application. Background On April 9, 1998, the Planning Commission approved Use Permit No. 3623, which allowed construction of a full - service, low turnover eating and. drinking establishment with a bar, and indoor and outdoor dining areas, restrooms, kitchen, and storage areas. The approved project includes full liquor service, live entertainment, accessory outdoor dining, and a waiver of the restaurant development standards pertaining to site requirements, walls, and landscaping. The waiver was granted because these items were previously addressed by the more restrictive development standards specified by the Newport Village Planned Community District, and by Site Plan Review No. 74, which were approved by City Council in November 1995 for development of Corona del Mar Plaza. Parking for the restaurant is provided in the shared parking lot of Corona del Mar Plaza. A copy of Use Permit No. 3632 Findings and Conditions of Approval is attached as Exhibit 2. The following table provides a summary of the project and operational characteristics pursuant to Use Permit No. 3623. Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 4 Permitted Operations Pursuant to Use Permit No. 3623 Gross Building Area (sq.ft.) 10,126 square feet Net Public Area (NPA): Interior: 4,017 square feet Exterior: 1,000 square feet Other areas: Restrooms, kitchen, retail area, storage and service: 6,109 square feet Subtotal: 11,126 square feet Credited Accessory Outdoor Dining: (1,000 square feet) (25% of interior NPA, not to exceed 1,000 sq.ft.) Total Gross Floor Area: 10,126 gross square feet (used to determine parking) Hours of Operation: Interior: 11:00 a.m. to 12:00 midnight daily Exterior: 11:00 a.m. to 11:00 p.m. daily Required Parking: Corona del Mar Plaza entitled for 105,000 sq.ft. @ 4.9 spaces /1,000 sq.ft.: 515 spaces (104,538 sq.ft. existing) Parking Provided: 516 spaces Parking Allocated to Project: 50 spaces (10,126 sq.ft. existing total gross floor area @ 4.9 spaces per 1,000 sq.ft.) Live Entertainment/Dancing: Amplified acoustic guitar and steel drums (Interior only, limited to 2 performers) No dancing Number of Employees: 30 employe s DISCUSSION Analysis The Newport Village Planned Community Development Standards regulate the floor area, development limits, and parking requirements for the project, and includes a provision that states that outdoor dining areas for the exclusive use of a restaurant shall be counted as floor area, except as otherwise permitted by the Newport Beach 5 11 Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 5 Municipal Code. Section 20.82.050 allows the Planning Director to approve applications for outdoor dining areas, provided the area devoted to outdoor dining does not exceed 25 percent of the existing interior net public area of the establishment, or 1,000 square feet, whichever is less. Outdoor dining areas that meet these criteria are not included in the calculations for required off - street parking. The existing restaurant includes a 1,000- square -foot outdoor dining area and the applicant is requesting to add an additional 461 - square -foot outdoor dining area. Because the proposed new outdoor dining area is in excess of the maximum allowed by Section 20.82.050 of the. Municipal Code, approval of a use permit is required. The proposed outdoor dining area would be counted as gross floor area, in addition to being Included in calculations for the required off - street parking. Floor Area The Newport Village Planned Community Development Standards allow a maximum of 105,000 gross square feet to be developed in Corona del Mar Plaza, of which 15 percent, or 15,750 square feet may be devoted to restaurant uses. Currently, the center consists of 104,538 square feet, with 14,424 square feet devoted to restaurant uses. The addition of the 461 - square -foot outdoor dining patio would not exceed the maximum allowable floor area for the overall center and would comply with the floor area and development limits for restaurant uses. Off - Street Parking The off - street parking requirements in the Newport Village Planned Community District Regulations establish a minimum of 4.9 off - street parking spaces for every 1,000 square feet of gross floor area for all uses. As stated above, the total gross floor area permitted for Corona del Mar Plaza is 105,000 square feet and the existing retail commercial center consists of 104,538 square feet. At the time the center was developed, a total of 516 parking spaces were provided on -site. Therefore, the new 461 - square -foot outdoor dining area will not result in the requirement for additional parking spaces (existing 104,538 sq.ft. + proposed 461 sq.ft. = 104,999 sq.ft. total = 1,000 sq.ft. x 4.9 spaces = 515 spaces). Use Pen-nit Findings Outdoor dining areas in excess of the maximum allowed. by Section 20.82.050 of the Municipal Code, and changes to the operational characteristics of an existing eating and drinking establishment require the approval of a use permit. Section 20.91.035 requires that the Planning Commission make certain findings in order to approve a use permit application. The findings and facts in support of such findings are listed and discussed below. 12' Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 6 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The project is located in the Newport Village Planned Community District, which allows for the development of retail, governmental, institutional, and open space uses, and the project site is designated for retail uses. Restaurants are a permitted use subject to approval of a use permit. The existing restaurant use was approved in April.1998 pursuant to Use Permit No. 3623, and the proposed project to allow an additional, 461- square-foot outdoor dining patio would be consistent with the provisions of the Newport Village Planned Community Development Standards and Municipal Code. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located,' will not be detrimental to the public health, safety, peace, morals, comfort or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The existing restaurant use is consistent with the General Commercial (CG) land use designation of the General Plan, which is intended to provide for wide variety of commercial activities oriented primarily to serve citywide or regional needs. The cumulative development of the site is limited to a maximum of 105,000 square feet. The proposed amendment to the existing use permit to allow an additional 461- square -foot outdoor dining area to an existing eating and drinking establishment is consistent with the land use designation and will not exceed the maximum gross floor area allowed for the site. The approval of the proposed addition of a 461- square -foot outdoor dining area to an existing eating and drinking establishment, and the conditions under which the existing restaurant will be operated and maintained will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: • Restaurant uses are compatible with the surrounding commercial and residential uses since they are typically located in retail commercial shopping centers and serve the regional needs in the area. • The existing restaurant has operated in this location under the existing Use Permit No. 3623 since 1999, and has not been a detriment to the neighborhood. • The hours of operation of the proposed project, as conditioned, will be limited to 11:00 a.m. to 11:00 p.m. daily for the outdoor dining areas and 11:00 a.m. to 12:00 midnight daily for the interior dining area.1[ "1U Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 7 • Specific conditions are included to require strict adherence to noise regulations so as to eliminate noise impacts to the surrounding area. • Live entertainment is limited to the interior of the restaurant and no dancing. is permitted. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it-would be located. The proposed addition of a 461- square -foot outdoor dining. area to an existing restaurant would substantially comply with the design and development standards for a full- service, low turnover eating and drinking establishment. The previous waiver of development standards as they apply to site requirements, walls, and landscaping were addressed by the development standards specified by the Newport Village Planned Community District, and by Site Plan Review No. 74, which were approved by the City Council on November 27, 1995, for development of Corona del Mar Plaza. 4. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use. is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. The project is not within a residential district; therefore, this finding does not apply. Alternatives 1. If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's request, the Planning Commission should direct staff to prepare findings and a resolution denying the request and return at the next available Planning Commission meeting date with such resolution for adoption; or 2. The Planning Commission may suggest specific project modifications that are needed for approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes area directed, the item should be removed from calendar to allow redesign of the project. Environmental Review This project has been reviewed, and it has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). The proposed addition of a 461- square -foot outdoor dining patio is minor in nature. �x Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) April 3, 2008 Page 8 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Submitted by: �11a ..%a 01 _Jli.x 1% on :. rt = .. °. rf EXHIBITS (in the order they are referenced within the report) 1. Draft Resolution No. 2008-; findings and conditions of approval 2. Use Permit No. 3623 Findings and Conditions of Approval 3. Project Plans FAL1sem\PLN\Shared\PNs\PAs - 2008\PA2008- 029VUP2008-003 Staff Rpt.doc Aq Exhibit No. 7 31, THIS PAGE LEFT BLANK INTENTIONALLY M RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3623 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 854 AVOCADO AVENUE (PA2008 -029) WHEREAS, an application was filed by Tommy Bahamas with respect to property located at 854 Avocado Avenue, and legally described as a Portion of Parcel No. 1 of Parcel Map filed in Book 90, Page 361 of Parcel Maps Records of Orange County, requesting approval of an amendment to Use Permit No. 3623 to permit an additional 461- square -foot outdoor dining patio to an existing eating and drinking establishment that would be in excess of the maximum outdoor dining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining) of the Newport Beach Municipal Code; and WHEREAS, on April 3, 2008, the Planning Commission held a noticed hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California at which time the project application was considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing; and WHEREAS, an amendment to Use Permit No. 3623 for the proposed changes to the existing eating and drinking establishment has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project is located in the Newport Village Planned Community District, which allows for the development of retail, governmental, institutional, and open space uses, and the project site is designated for retail uses. Restaurants are a permitted use subject to approval of a use permit. The existing restaurant use was approved in April 1998 pursuant to Use Permit No. 3623, and the proposed project to allow an additional 461- square -foot outdoor dining patio would be consistent with the provisions of the Newport Village Planned Community Development Standards and Municipal Code. 2. Finding: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not .be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. 33' City of Newport Beach Planning Commission Resolution No. _ Page 2 of 8 Facts in Support of Finding: The existing restaurant use is consistent with the General Commercial (CG) land use designation of the General Plan, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The cumulative development of the site is limited to a maximum of 105,000 square feet. The proposed amendment to the existing use permit to allow an additional 461- square -foot outdoor dining area to an existing eating and drinking establishment is consistent with the land use designation and will not exceed the maximum gross floor area allowed for the site. The approval of the proposed addition of a 461- square -foot outdoor dining area to an existing eating and drinking establishment, and the conditions under which the existing restaurant will be operated and maintained will not be detrimental to the public health; safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: • Restaurant uses are compatible with the surrounding commercial and residential uses since they are typically located in retail commercial shopping centers and serve the regional needs in the area. • The existing restaurant has operated in this location under the existing Use Permit No. 3623 since 1999, and has not been a detriment to the neighborhood. • The hours of operation of the proposed project, as conditioned, will be limited to 11:00 a.m. to 11:00 p.m. daily for the outdoor dining areas and 11:00 a.m. to 12:00 midnight daily for the interior dining area. • Specific conditions are included to require strict adherence to noise regulations so as to eliminate noise impacts to the surrounding area. • Live entertainment is limited to the interior of the restaurant and no dancing is permitted. 3. Finding: That the proposed use will comply with the provisions of this code, including any speck condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The proposed addition of a 461 - square -foot outdoor dining area to an existing restaurant would substantially comply with the design and development standards for a full- service, low turnover eating and drinking establishment. The previous waiver of development standards as they apply to site requirements, walls, and landscaping were addressed by the development standards specified by the Newport Village Planned Community District, and by City of Newport Beach Planning Commission Resolution No. Paqe 3 of 8 Site Plan Review No. 74, which were approved by the City Council on November 27, 1995, for development of Corona del Mar Plaza. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act. The proposed addition of a 461- square -foot outdoor dining patio to the existing eating and drinking establishment is minor in nature. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves an amendment to Use Permit No. 3623, subject to Conditions of Approvals in Exhibit "A" attached hereto and made part hereof. Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF APRIL 2008. EXCUSED: Robert Hawkins, Chairman BY: Bradley Hillgren, Secretary 3`� THIS PAGE LEFT BLANK INTENTIONALLY 35 City of Newport Beach Planning Commission Resolution No. _ Paqe 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 3623 (Project - specific conditions noted in italics) Planninu Department The following conditions herein replace and supersede the previous conditions of approval dated April 9, 1998, upon implementation of this amendment. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The development shall be in substantial conformance with the site plan and floor plan dated January 3, 2008. 4, The area of the new outdoor dining patio shall not exceed 461 square feet, as depicted on the plans dated January 3, 2008. 5. All applicable previous conditions of approval of site Plan Review No. 74 and its accompanying applications shall be fulfilled and remain in force (dated December 29, 1995), except as noted below. 6. The restaurant hours of operation for the interior dining area shall be limited to between 11:00 a.m. and 12:00 midnight daily, and the outdoor dining.patio areas shall close at 11:00 p.m. daily. Any increase in the hours of operation shall be subject to the approval an amendment to this Use Permit. 7. Regular food service from the full lunch and dinner menu shall be made available at all times the facility is open. 8. Live entertainment shall be limited to two performers, and may be amplified, but shall be confined to the interior of the building. Any increase in the number of performers beyond two persons shall require the approval of the Planning Commission. 9. All windows and doors on the southerly and parking lot sides of the building shall be permitted to remain open during the performance of the live entertainment, and windows and doors on the East Coast Highway and westerly sides of the building shall remain closed during the performance of the live entertainment. 10. All speakers located in the outdoor dining patio areas of the restaurant shall be limited to no more than the noise level criteria specified in Chapter 10.26 of the 7J City of Newport Beach Planning Commission Resolution No. _ Page 5 of 8 Newport Beach Municipal Code. Should any music emanating from the outdoor dining patio area speakers or from interior live entertainment be heard at the nearside comer of the intersection of Sea Lane and Harbor View Drive, the speaker volume for the outdoor dining area speakers shall be reduced to eliminate any noise impacts. 11. The speakers located in outdoor dining patio areas shall not be utilized in conjunction with the sound system of the live entertainment or paging of patrons. The outdoor dining area speakers shall be utilized for ambient background noise effect and shall be limited to pre - recorded music only. 12. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 10.26 (Community, Noise Control) of the Municipal Code, .the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment and to develop a set of corrective measures necessary in order to insure compliance. 13. No dancing shall be permitted in conjunction with the permitted use, unless an amendment to this use permit is first obtained. 14. Roof coverings over the outdoor dining areas shall not have the effect of creating a permanent enclosure, unless a use permit is first approved by the Planning Commission.' 15. Any change in operational characteristics and/or .hours of operation of the restaurant shall require amendment to this Use Permit or the processing of a new Use Permit. 16. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current business owner, property owner and/or the leasing agent. 17. 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. 18. 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. 19. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. �I __AA City of Newport Beach Planning Commission Resolution No. _ Page 6 of 8 20. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self - contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 21. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. Trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 22. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by both the Public Works Department and Caltrans in conjunction with the issuance of an encroachment permit or encroachment agreement from each. 23. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 24. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 25. 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. 26. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the.exterior shall constitute a violation of this condition. 5 City of Newport Beach Planning Commission Resolution No. _ Paqe 7 of 8 27. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Department on demand. 28. The approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 29. The use permit 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. 30. The sale of alcoholic beverages shall be incidental to the food service in conjunction with the subject restaurant. 31. 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. 32. Deliveries, refuse collection, or similar activities for the facility shall be permitted only between the hours of 7:00 a.m. and 10:00 p.m. daily, unless otherwise approved by an amendment to this Use Permit 33. The Planning Commission may add to or modify conditions of approval to this use permit or revoke this approval upon a finding of failure to comply with the conditions set forth in Chapter 20.82 of the Municipal Code or other applicable conditions and regulations governing the food establishment, The Planning Commission may also revoke this Use Permit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 34. This approval shall expire unless exercised within 24 months from the end of the appeal period as specified in Section 20.91.050 of the Newport Beach Municipal Code. Building Department 35. All exits shall remain free of obstructions and available for ingress and egress at all times. 36. 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- 7J City of Newport Beach Planning Commission Resolution No. _ Paqe 8 of 8 adopted version of the Califomia 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. 37. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained, and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval,of an alternative drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited in the parking lot and public alley. 38. Strict adherence to maximum occupancy limits is required 39. The project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. Fire Department 40. Portable propane heaters are not allowed on the outdoor dining patio areas. Any heating units shall be installed under permit in accordance with the California Electrical Code or Califomia Mechanical Code, 2007 Edition. 40 THIS PAGE LEFT BLANK .INTENTIONALLY At- Exhibit No. 2 p. THIS PAGE LEFT BLANK INTENTIONALLY 0 City of Newport Beach Planning Commission Minutes April 9, 1498 SUBJECT: Tommy Bahamas Restaurant (Martin Potts, contact person) 870 Avocado Avenue {Confinuedfrom March 5, 1998) • Use Permit No. 3623 The project involves the approval of a use permit to allow the construction of a 5,767 square foot, single -story full- service restaurant with bar, patio dining and related off - street parking in the reciprocal parking lot of Corona del Mar Plaza. The use permit application includes a request to allow live entertainment and the sale of alcoholic beverages. A request to waive restaurant development standards specified by Section 20.82.040 of the Newport Beach Municipal Code is also included in the use permit application. Also included in this application is the approval of accessory outdoor dining in conjunction with the restaurant facility. Commissioner Selich noted, for the record, that he was present of the demonstration conducted March 23rd to evaluate the impact of the live entertainment noise levels on the surrounding residential and commercial areas. Public Comment was opened. Mr. W. C. Wells, 1808 North East Clickafafe, Portland, Oregon, applicant, in response to Commission inquiry, stated that he understands and agrees to the findings and conditions of Use Permit No. 3623. Deborah Allen, 1021 White Sails Way, president of the Harbor View Hills Community Association spoke in support of this project. She thanked Commission, The Irvine Company and staff for the protocol of the sound test that was held on site and for the cooperation of all parties involved. Barry Allen, 1021 White Sails Way, thanked staff for their efforts noting that the test really worked. Public comment was closed. Motion was made by Commissioner Selich to Approved Use Permit No. 3623 subject to the findings and conditions in Exhibit "A ". He complimented the staff of Tommy Bahamas for their work in putting forth this test and demonstration. Without objection and with one absence, by acclamation Motion Passed. Item No. 1 UP 3623 Approved INDEX A� City of Newport Beach Planning Commission Minutes April 9, 1998 INDEX Findings: That the Land Use Element of the General Plan designates the site for "Retail and Service Commercial' use. A restaurant is a permitted use within this designation. 2. That this project has been reviewed, and it has been determined that all significant environmental concerns. for the proposed project have been addressed in a previously certified environmental document (EIR No. 154, certified by the City of Newport Beach on November 25, 1995), to address the requirementsof the California Environmental Quality Act. 3. That the proposal involves no physical improvements which will conflict with any easements acquired by the public at large for access through or use of property within the proposed development beyond those already addressed through Site Plan Review No. 74. 4. That the purpose or intent of the restaurant development standards related to site requirements, walls and landscaping will not be achieved to any greater extent by strict compliance with those requirements for the following reasons: • Site requirements related to walls and landscaping are addressed by the previously approved Site Plan Review No. 74 and the requirements specified by the Newport Village Planned Community District Regulations. • Walls in full compliance with the standards would adversely impact traffic circulation and access to the on -site parking spaces from the reciprocal parking areas. • The landscape area will achieve conformance with the development standard as it relates to the percentage of landscaping required on -site: and the addition of landscaping at the front and rear of the property behind the building will enhance the streetscape views. • The provision of the required landscaping along the property lines would adversely affect the access to the on- site pool of parking and the project access shared with the library. 5. The approval of Use Permit No. 3623 and related accessory outdoor dining will not, under the circumstances of the case, be .detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the �y I i City of Newport Beach Planning Commission Minutes April 4, 1448 INDEX neighborhood or the general welfare of the City for the following reasons: • The restaurant use is compatible with the surrounding commercial and residential uses since restaurant uses are typicolly ollowed in commercial districts and conditions of approval and limited hours of operation hove been included which should prevent problems associated with noise generated by the facility. • The parking demand of the facility con be adequately accommodated by the reciprocal pool parking available on -site. • The potential for problems associated with hours of operation and noise generated by the proposed restaurant operation is minimized becouse of the project's location in a shopping center, with East Coosl Highway separating it from nearby residential uses. • The sound potential associated with the live entertainment was tested in the field with the result that it would not be heard in nearby residential areas. • The control of noise con be.ochieved by the limitation on the location of the specific noise generating activities (live eniertoinment),the limitotionson the speokersystem in the outdoor dining areas and compliance with the provisions of the Municipol Code, Community Noise Ordinance. • The proposal will odd o new liquor license to on overconcentro led area. However, the alcoholic beverage service is incidental to the primary use of the facility as o restaurant. • The establishment will provide regulortood service from the full menu at all times the facility is open; and the limited hours of operation should minimize the potential numberof Police and Department of Alcoholic Beverage Control problems in the area. • The proposed outdoor dining area is compatible with the surrounding land uses and its limited hours and recommended conditions of approval on the live entertainment and outdoor poging /speoker system should prevent noise from adversely impacting the nearby residential uses. • The proposed accessory outdoor dining will not be located so as to result in o reduction of existing parking spaces. Conditions: That development sholl, be in substantial conformance with the approved site pion, floor plan and elevations, except as noted 4 �O E - City of Newport Beach Planning Commission Minutes April 9, 1998 below. 2. That all applicable previous conditions of approval of Site Plan Review No. 74 and its accompanying applications shall be fulfilled and remain in force (dated December 29, 1995), except as noted below. 3. Thai the hours of operation of the restaurant shall be limited to between 11:00 a.m. to 12:00 midnight, daily, and the outdoor dining area shall close at 11:00 p.m. daily. Any increase in the hours of operation shall be subject to the approval of an amendment to this Use Permit. 4. That regular food service from the full lunch /dinner menu shall be made available at all times the facility is open. 5. That the live entertainment shall be limited to 2 performers, and may be amplified but shall be confined to the inferior of the building. Any increase in the number of performers beyond two persons shall require the approval of the Planning Commission. 6. That windows and doors on the southerly and parking lot sides of the building shall be permitted to remain open during the performance of the live entertainment, and that windows and doors on the East Coast Highway and westerly sides of the building shall remain closed during the performance of the live entertainment. 7. That speakers located in the outdoor dining areas of the restaurant shall be limited to no more than the noise level criteria specified in Chapter 10.26 of the Newport Beach Municipal Code. Should any music emanating from the patio speakers or indoor live entertainment be heard at the nearside corner of the intersection of Sea Lane and Harbor View Drive, the patio speaker volume shall be reduced, to eliminate any noise impacts. Further, that the speakers shall not be utilized in conjunction with the sound system of the live entertainment or paging of patrons. The outdoor speakers will be utilized for ambient background noise effect and shall be limited to pre- recorded music only. 8. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment and to develop a set of corrective 5 INDEX 11 W City of Newport Beach Planning Commission Minutes April 9, 1998 INDEX measures necessary in order to insure compliance. 9. That no dancing shall be permitted in conjunction with the permitted use, unless an amendment to this use permit is first approved. 10. That roof coverings over the outdoor dining area shall not have the effect of creating a permanent enclosure, unless a use permit is first approved by the Planning Commission. . 11. That a landscape and irrigation plan for the site shall be approved by the Public Works and Planning Departments. Landscaping shall be provided along the street frontages of East Coast Highway, Avocado Avenue, and MacArthur Boulevard to provide adequate screening from the neighboring residential uses. The landscaping shall be installedin accordancewith the prepared plans. 12. That deliveries, refuse /grease collection or similar activities for the facility shall be permitted only between the hours of 7:00 a.m. and 10:00 p.m. daily, unless otherwise approved by an amendment to this use permit. Dollar Rent A Car Systems (Michael Joyce- Item No. 2 applicant) Use Permit No. 3624 3500-3510 Irvine Avenue • Use Permit No. 3624 To approve a uss.,permit for Dollar Rent A Car to use an existing retail car I Removed from rental facility forme�lyoccupied by Alamo Rent A Car. calendar CommissionerSelich hofied' the has had discussions with staff and the applicant regarding this applic 'on. As a result of these discussions, has come to the conclusion that thi )lication is not necessary for the following: 1978 - Alamo Rent a Car obtained a' e Permit on the property and 99 operated a rental facility until 14. • 1994 — to present, Hertz Rent a Car has be there at that location operating under the Alamo Rent a Car Use Perm • now Dollar Rent a Car wants to come in and contin the existing use permit • nature of the Dollar Rent a Car is slightly different than Her eration, but substantially the same • the operation has been in continual use either by Alamo, Hertzid now, Dollar r A� THIS PAGE LEFT BLANK ,INTENTIONALLY ,,lk Exhibit No. 3 5° THIS PAGE LEFT BLANK INTENTIONALLY 5\ ABBREVIATIONS TOMMY BAHAMA'S CORONA DEL MAR PLAZA: PATIO ADDITION 854 Avocado Avenue Newport Beach, California SENERA NOTES _ wP .w,�Mq qwm. °'P'°MwM� "0°�ww.er srY �aw�egaq+�� v���rne N�wrwNwn�Prw IwXlgnevlw sa+.w '..w.MpN NaWane N.w. NgXX= .aTkY�. WXV.�q XGM: -aa COMMrew&¢ ssq MX.gxNMN NaPd Fmeuap.0gmq 9. ew. wmmwNPUmw w.a LANDLORD FRO-126'r OVOMR, ffil d, ff DE819NER ARCNITWT IM—M. r Mu. Emm RM CONSTRUCTION NOTES ' �.. mev° rluvvlo"q°"ipnw <Pnxr.'�"ix�"mW wvMgM�.va .w wa�swreorervw q��°A�r aW.gw.mxlvnmyowrt Mo " groin �mmxi9 vM0en MLMm ♦ rW�wOLRfMMq Wn.W NIf[wlwiW imM +R RM "� wnNMYMOi R'M1�IPLYw w Irey�Y.w+.mxwR.� Mxs.,mre..>o iPa®ryNnM.a 0045W= SUBMITTALS gaLNlP.aaiwe vw Mrnwr.eexXrsw 1 am m=...�.+..PmmanieeX. X0.NNAM.im�.Plul.vu6N11b MIm' uv® NIXM�✓+��oswwwnTRI1X> •wa®gwr..w � m� m�°�9i. wN w q aw grw�rk° qj0"'r�° � ""b°"`iaex•®'m'°0"•O1•�m"N.aeuc 1�i�T7! I1-=1 'ru.er...e.a. ,wMX�.r,rmwcx+uwem a re"..+a.• r....oanw Mnwq..:,e P.w �1p�glY�na.Xew�nO W WYKXY!> PROZC -T NOTES qaa» ......w ate... :•; .W.P ;® i mfOT�P . mww.4lt �. vre . vrm �� .uovXle�O¢psle�amw RECENED B1 PLANNING DEPART -MEN1 MAR 25 24GO ^' ^' :f NEPJFO .T BE "fly Corona del Mar Site Summa e $RE ggEq t�ASF amN�. e" rn.� NLOWA8LE BLM PAEA +O.FA SF P.aa N M.PgdvA Eu' IMVO ame a5is] G4M14mv a a SSR 63 PBONIVn1 vm C1i] tMl bM1.Are ].W 0.9 Petb ]I nc ePP a NO A e.e ramm $anvm ®el ... +mm m PUtuTlvm. �ww ex uo mataro a+r wul Pm. Aug Eu mPaOO fOA elq TOMMY BAHAMA'S CORONA DEL MAR PLAZA: PATIO ADDITION 854 Avocado Avenue Newport Beach, California SENERA NOTES _ wP .w,�Mq qwm. °'P'°MwM� "0°�ww.er srY �aw�egaq+�� v���rne N�wrwNwn�Prw IwXlgnevlw sa+.w '..w.MpN NaWane N.w. NgXX= .aTkY�. WXV.�q XGM: -aa COMMrew&¢ ssq MX.gxNMN NaPd Fmeuap.0gmq 9. ew. wmmwNPUmw w.a LANDLORD FRO-126'r OVOMR, ffil d, ff DE819NER ARCNITWT IM—M. r Mu. Emm RM CONSTRUCTION NOTES ' �.. mev° rluvvlo"q°"ipnw <Pnxr.'�"ix�"mW wvMgM�.va .w wa�swreorervw q��°A�r aW.gw.mxlvnmyowrt Mo " groin �mmxi9 vM0en MLMm ♦ rW�wOLRfMMq Wn.W NIf[wlwiW imM +R RM "� wnNMYMOi R'M1�IPLYw w Irey�Y.w+.mxwR.� Mxs.,mre..>o iPa®ryNnM.a 0045W= SUBMITTALS gaLNlP.aaiwe vw Mrnwr.eexXrsw 1 am m=...�.+..PmmanieeX. X0.NNAM.im�.Plul.vu6N11b MIm' uv® NIXM�✓+��oswwwnTRI1X> •wa®gwr..w � m� m�°�9i. wN w q aw grw�rk° qj0"'r�° � ""b°"`iaex•®'m'°0"•O1•�m"N.aeuc 1�i�T7! I1-=1 'ru.er...e.a. ,wMX�.r,rmwcx+uwem a re"..+a.• r....oanw Mnwq..:,e P.w �1p�glY�na.Xew�nO W WYKXY!> PROZC -T NOTES qaa» ......w ate... :•; .W.P ;® i mfOT�P . mww.4lt �. vre . vrm �� .uovXle�O¢psle�amw RECENED B1 PLANNING DEPART -MEN1 MAR 25 24GO ^' ^' :f NEPJFO .T BE "fly Corona del Mar Site Summa e $RE ggEq t�ASF NLOWA8LE BLM PAEA +O.FA SF P.aa N M.PgdvA Eu' IMVO ame a5is] G4M14mv a a SSR 63 PBONIVn1 vm C1i] tMl bM1.Are ].W 0.9 Petb ]I nc ePP a NO A e.e ramm $anvm ®el ... +mm m PUtuTlvm. sms ex uo mataro a+r wul Pm. Aug Eu mPaOO fOA elq + 36%MI +p'JP ea $w .re EAGgOJU9iEO SLOG. PFEA +M.VE AeiNW SU10 Palb en. 46R :PROPO$ O$�llp IP01b Md+le a8+ PROP bSILG. APFA fNPVN PCJO a.91)WPeI PaAtl PMC+a i� PA200"29 for UP2008 -003 854 AvocA Ave. MKKKICK LENTZ ARCIJITECT ZO- ommy Bahamal5 MRONANIMARFL & AVOCWDM.U. NEpRaRf9RACM cAnm PATIO ADDITION PERMffSEf muwla+mr PROJBC7NOTES c KKwmwg wnrM w.wlxgm.nw. em Ip»E m tlw $°N'e x w afall a..Peu n wr. x w.w.r.��.�m .pwlm w.e.pumga cw aeal.e u N%6 w NWp m o papa eMerawn..6 IMl:en' Ma�rKKM bP'R+"NF�enw yx. w xnl a an• p f ty se•,ee.. 9 M o.ae uu� �w°rs �umn MERRICK LENTZ ARCHITECT P ** P� E Tommy Bahama's CORONA&IMARPLAT.A M AVOCADO Avmve MWPORT RRACD CA 92660 PATIO AMMON PERMIT SET OPpN1p0 TIRE SITE PLAN m I1p � 4e9w� AO.I -P W 1EXITIN6 PLAN NJ E DINING Fal 30 Oc "' ----------- 461 S.F. N- — — — — — — zz� :K ------ L7--- 1� KEY PLAN POVAIRF11 ................ .. . . . . . . . . . . . . . . MERRICK 0 LENTZ ARCHITECT 40' G, ,-;Q ll L7--- 1� KEY PLAN POVAIRF11 ................ .. . . . . . . . . . . . . . . MERRICK 0 LENTZ ARCHITECT 40' G, ,-;Q A1.2 -P ewaecxenule � Fc y � 1 .wxr ....._. id NC V PATIO LO GW7JJGflON PLOOfiPLAN MERRICK LENTZ ARCIJITECT C aECENµ,E Tommy Bahama's CORONA dd MAR PLAZA M AVOCADO Avevve NEWPORT BFACD CA9 g PATIO ADDITION PERMIT SET .ME CONSTRUCUON FLOORPLAN 4 NOTPS, DOOR SCHEDULE �mn m Mir— NEW w^ .._.._._u. .wxr ....._. id NC V PATIO LO GW7JJGflON PLOOfiPLAN MERRICK LENTZ ARCIJITECT C aECENµ,E Tommy Bahama's CORONA dd MAR PLAZA M AVOCADO Avevve NEWPORT BFACD CA9 g PATIO ADDITION PERMIT SET .ME CONSTRUCUON FLOORPLAN 4 NOTPS, DOOR SCHEDULE �mn m NOTE: ALL SIONAiiEONDER SEPARATE Mier Le 6 I ELEVATION - We -No Oh mr g s O RALL NORTH E TION - ew.w •.e owean'..'" �rzNOP.: l MERRICK LENTZ ARC ITECT (5 v0.wECtx l Tommy Bahama's CORONA dA MAR PLAZA 3% AVOCADO A. RPRRORT BRACH CA9E660 PATIO ADDITION PERMIT SET ovwmxomvs EXTERIOR ELEVATIONS r m m A3.0 -P F O L_____ -- ...... U, L lz - -------- a DIMSO FIXTURE SCHEDULF-WoAddiNft vw J1. Al;RU SUM a MERRICK LENTZ ARCUITECT *P,*� Tommy Babama's CORONA M MAN PLAZA W AVOCADO AV..0 NEWPORT BRACS CA 9M PATIO ADDITION - PERMIT SET .W� DINING RG(NMIRE ANDSEATM mmR PLAN AND SCREDULS A5.0-P o _3 r..;. If:- +•— T��.'T,. s^'l ^^, Rr^.'�.�'.�.+'��'� -'ti �'- .rs�.nT T- PT'�^i�' A0- 9U44L�A OEM 0AM x[n�s� if�rrti�uo�Rn MERRICK LENTZ ARC ITECT ..� —; .o W„F2; w„ Tommy Bahama's CORONAd.IMARPLAU 851 AVOCADO A,.. NENPORT REACH CA 93660 PATIO ADDITION PERMIT SET oaaxxom� EMRIOR FENCE DECAES x nm eernnmm� A8.2 -P Exhibit No. 3 66 Planning Commission Minutes 04/03/2008 Page 12 of 12 mmissioner Hillgren noted his concern of alcohol be no more than 50°% o ro sales. That seems a lot for a small burger place, is it presumed that sale / oul -males. due to the alcohol? Could it be made a smaller percentage? Th folks wh are serving should be a minimum of 21 years of age. Ir. Cho ans red it would be a similar operation as a Ruby's. He noted he cot all the applica It would be problematic as the employees are under the age 1. The ABC al ws anyone under 21, as long as they are supervised Dmeone over 21, to erve alcohol. vote taken if there isNa concern on these issues: - Commissioners McDanie\Eaton, Hillgren - Commissioners Toerge, Cole, Hotter, Hawkins Hawkins noted these were ndt a concern. ion was made by Commissioner Cole d se nded by Commission tter to allow the authorization of the sale eer and wine for on -si sumption (Type 41 ABC License) pursua o the Alcoholic Beverat inance (ABO) with the modified conditions the aft resolution that inclut deletion of Condition 7, deletion of the st senten in Condition 4, and nae to Condition 3. Ir. Harp noted the security plan as art of Condition 3 to be proved by th olice Department. he maker and second of the otion agreed. Ayes: Peotter, Cole aA Toerge Noes: Eaton, Haw s, McDaniel and Hillgren Discussion ensued o whether to reconsider the matter. Con ue meeting Motion wa ade by Commissioner Peotter and seconded by Commissione to hea ext item ole to c inue the meeting to hear the next item as it was after 10:30. Peotter and Tommy Bahamas (PA2008 -029) I PA2008 -029 854 Avocado Avenue. Denied request to amend Use Permit No. 3623 to permit an additional 461 squa itdoor dining patio which would be in excess of the maximum outdoor =a allowed by the provisions of Section 20.82.050 (Accessory Outdoor I the Newport Beach Municipal Code. The property is located in the N Rage Planned Community (PC) District. Planner Janet Brown gave an overview of the staff report. W. C. Wells, President of Tommy Bahamas, noted he is in agreement withl I 1 's recommendation. file: //Y: \Users \PLN\Shared \Planning Commission \PC N inutes\mn04032008.htm 04/25/2008 Planning Commission Minutes 04/03/2008 ssioner Toerge noted his concern of parking and therefore is unable t the application as this is an already impacted area. He suggested that mary goal is to increase visibility, a commensurate reduction in I 1 outdoor dining area to equal the amount of the increase be given and be more supportive of this. This would be a transfer of a portion of I 1 outdoor dining area to this front dining area. Hillgren asked if The Irvine Company was in support of Wells answered, yes and staff added that an authorization form had ed as well. Cole asked about the additional parking. Wells answered there has always been a concern about parking on any c it. However, he feels that adding six additional tables would not add :h impact on the parking. The shopping center does not have adec nmissioner Toerge asked about the number of restaurants and if that deli in the market. Brown answered, no. It is strict eating and drinking establishments and cet is not included in this count. Toerge noted this adds to the parking demand. comment was closed. ion was made by Commissioner Cole and seconded by Con Iter to approve an amendment to Use Permit No. 3623 to permit an square -foot outdoor dining patio. Brown added that on Conditions 3 and 4 the wrong date for the plans is report and should read March 25, 2008. maker of the motion accepted those edits. titute Motion was made by Commissioner Toerge to approve the project ioned with the further condition that the square footage allocated to the n :)r dining area only be granted to the extent similar square footage ity is deducted from existing outdoor dining area. This substitute moti due to lack of a second. immissioner Eaton noted he was not in support of the original motion as r the findings can be made and it exceeds the limitation on providing out ling without providing the additional parking and could be consid trimental to the other tenants of the center as it will exacerbate an already rkina situation. McDaniel noted he will not be supporting the motion for )mmissioner Hillgren noted he will support the motion based upon the fact 1 crowded retail center is a positive issue and that if parking was a problem Page 13 of 13 c�a file: //Y: \Users \PLN\Shared \Planning Comrnission\PC Minutes\mn04032008.htm 04/25/2008 Planning Commission Minutes 04/03/2008 Page 14 of 14 would have received comments to that effect, and we had none. Vote on the original Motion. Ayes: Peotter, Cole, and Hillgren Noes: Eaton, Hawkins, McDaniel and Toerge M N U CT: Planning Commission procedures, minutes, and business :66He0ard Due to the late hour, 's it was not heard and will be on the next agenda. ADDITIONAL BUSINESS: ADDITIONAL BUSINESS a. City Council Follow -up. b. Planning Commission Reports. C. Announcements on ers that Commission members wo like placed on a future agen or discussion, action, or report. ADJO MENT: 10:45 p.m. DJOUR47 BRADLEY HILLGREN, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION 0 file: //Y: \Users \PLN\Shared\Planning Commission\PC Minutes\mn04032008.ht n 04/25/2008 Exhibit No. 4 6 CITY OF NEWPORT BEAD APPLICATION TO APPEAL DECISION OF THE PLANNING 'COMMISSION Application No. NameofAppellant W.C. Wells, Tommy Bahama (503) 805 -6535 or person Eking: Phone: Address: 854 Avocado Avenue, Newport Beach, CA 92660 Date of Planning Commission decision: April 3 20 08 Regarding application of. Tommy Bahamas at Corona Del Mar Plaza for (Description of application filed with Planning Commission) amendment to Use Permit No. 2008- 003•to permit an additional 461 sf outdoor dining patio to an exist ng eat ng and drinking establishment that would be in excess of the maximum outdoor dining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining ) Ot the Newport Beach Municipal Code. Reasons for Appeal: See-attached Date L6. 08 M Signaht 791t4y. Appe llant CITY CLERK FOR OFFICE USE ONLY Date Appeal filed and Administrative Fee received: 120 — Hearing Date. An appeal shall be scheduled for a hearing before the City Council within sixty (60) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20.95.060) cc Appellant Planning (furnish one set of mailing labels for nmiling) File APPEALS: Municipal Code Sec. 20.95.050(8) Appeal Fee-. $340 pursuant to Resolution No. 2006 -4 adopted on 1- 10-06. (Deposit funds with Cashier In Account #2700-5000) Reasons for Appeal — Tommy Bahama: The applicant files this appeal for the City Council's consideration based on the following justifications: 1. The application intent is primarily to increase visibility to the restaurant. 2. The proposed 461 sf outdoor dining patio falls within the available entitlement (floor area) and available parking spaces within the shopping center, City Planning Staff recommended approval of the proposed application. 3. The overall number of restaurant seating has been reduced by 2 with the recently implemented remodel. The interior restaurant seating has been reduced by 3 seats while the added outdoor dining area, coupled with a revised seating arrangement in the original patio netted an increase of 1 seat. This was primarily a result of changing from "flip -up" type tables to a fixed table. 4. While not strictly compliant with Section 20.82.050 of the Newport Beach Municipal Code, the patio is intended solely to take advantage of the Newport Beach climate and enhance the overall experience of visiting Tommy Bahama and Corona del Mar Plaza. 5. The operational experience of the restaurant is that patrons opt to wait for outside dining tables before accepting an available interior table. This results in the restaurant rarely being filled to capacity. 6. The proposed outdoor dining area is supported by available floor area in the shopping center and is supported by available parking supply meeting the requirements of the Newport Village Planned Community Development Regulations. Exhibit No. 5 0 • • TOMMY BAHAMA'S CORONA DEL MAR PLAZA PATIO ADDITION 854 Avocado Avenue Newport Beach, California ABBREVIATIONS DRAWING INDEX GENERAL NOTES LANDLORD PROJECT CANER ADO -P LOVER SHEET. FRDJ T NOTES a PRVdLT AMMES: M M! MYAMA AOJ -P 51M PLAN ALI YMFK SHALL CCNPORM TD H ABLE CODES INC- DM6 BUT NOT THE IRVINE V ANY RETAIL TOMMM BAMAMA'S PB ANGttR WILT %FL KITGfrN &dII W LIMITED TO THE Xpl CALIFORNIA WILDIWS, M5CNANILAL MID PWTBiIN& PROPERTIES 4215 Y£5TLAKE AVE. N., 5ulte 9156 ASV ANCNO . DF W NEW PW VATS PAD. BYALYRE TO AN E%19TAS LpNpgLTOR LOGES llff M CALIFORNIA EIPLTRV.AL LODE. THE 1996 NHFORM 0 INWJVATON DRIVE SEATTLE, WA 90109 VL TILE ACOUSTIC TILE KIT KITCHEN COCE FOR aJEDR15 CONSRVCTION, THE LALIFORIIIA BARRIER-FREF IRVNIE. LPo.IFLRNIA 92611 ('100)905 -5014 ALT ACTT LAY LAVATORY CODE TITLE 14. THE AMERICANS MTH 015A5I1RIM ALT, AND ALL RN.ES. N9 120-SI W CONTACT. LARRY LANOVELL ADDL Al AD nOKKL All FIN FLOOR LR LT LIVI1 BOON l REWLATIONS NO ORDINANCES OF THE GOVERNINS Al1TNORf1T. ARCH ARCHMIT'AL lOC LOCATION Tiff SENSWAL LWITRALT.a SMALL Val ALL DIMENSIONS, AIm SITE DESIGNER ARGHITEGT AW AVENASE MAR MATERIAL CORI E4J NT AND BULIHNS SERVILE REWIREMEMS AND %W a'EDNS i312512008 LL MAXIMUM SMALL IbTIFY TIE ARGHITEGT IMMEDIATELY IN YRIl OF ANY FgINDATION LENTS ELKS BL FJXS MFR N'PMPALTI.FSt OE'_LREPANLES, ERRLR5.OR OMI5510N5 PRIOR TO R EEDINS WITH 1115 EAST OLIVE WAY WOO-CIK IB7J -86TH ROLE NE.. NIOJ RW BFl-pV NI' METAL INS AOlu, MISNAL 9+1LDIW BANS 54cal BE REACHED TO VERFY SEATTLE, WA 9BI02 El WAN 9�5 BM OEAM MM MINI NIM THE ENTIRE SLOPF GF THE RtO.ELT (206) 060ABOC -3111 SOT LW DOTT]M LONLTETE BLOCK M5L MA. MKCELLAhRW5 FAM1110N TIE CONDUCTOR SMALL FPCnM ALL ELEMENTS OF THE SY5RM5M CO ALT. STEVE KRllb CONT141 GPRALT. 14°Aµ BF461E LFM LIBIC FEET/MIWTE NA NOT APPLICABLE INTENDED BY THE DESIGN W RESU -T N CGN SM AND NORKABLE ...... . LL CENTER U.£ ML NOT IN Tws LONrttAGr STSTEN5. AGLDRDA%CE MTH ALL STATE APO LODES, SAPEm ;Net public rest Area LLb CEILINS 1Y. P MANBER STAl0ARG5 AND 6OVERNINS ORDINANCES. M.E.P. ENGR. LLR CLEAR 10M NOMINAL LOBBY Ml S1. s 5 _ LOL COUAN N5 NOT TO SCALE DO NOT Y'KE THE LRAM 1. FLR CRITICAL OIIENSIOME. DIMENSONS _ CONS, LOASTP CTION OL ON CENTER ARE E TO PALE OF STW5 WII£55 DOIl OTNEPARNF. AB055EIN ENSINEERIH6 1044 114th AVE. HE WNT CON,11=6 CO DIES DISEM610N BELLEVIIE YU 90004 CONC CONCRETE IN OVER THE F�O. T SHALL BE SLIEWLED AND INSTALLATION OF El£44M5 (92E) 96] -9441 CGR COFKIDOR PERF :ERFCRgiEO LO<MDIM1F1 AS tELE`el TO PERMIT YORK BETYEEN OIR£24NT CONTACT: GREG NELSON LT2 LW c&DHt COLD WPTFR PT P.T. PAIN PRE`F1RE iREATEO TRADES W H4OLEED WITNJUT LPRTTNS, PROP32 LON514K.TIGY EXPO ADJUSTED BLDG. AREA OBL Available Building/Patio area E�2; PUIREINbE LFLTRILAL AND HELH4NILrl 5%.NIRALTORS SMALL PROPOSED euitdinglPatio Addition MA MA MAIL DETAL DIAMETER P- LAM P -LAM fl.I MAST'L LAMINATE A. VERIFO ALL PA, 1x5R40FLT COMPLY GONSTRUGT ON NOTES DIM 10N O TLLE QJAIUpD dJARRYCKS AL IN ALL LOCAL CODES, ABMT PLA16 FOR ARROVPL AND OBTAIN I. LONST(EYTI%OF THE FRO M IN 5JILH ON COON OOYN R RISE, REST PERMR BEFORE WHIS CONFLICT PE TET IAL C MgWEN A5TO V POTENTIAL LOMFLILi 1Y11µ PEDESTRIAAS OR OITTO RFBPR FW`A& REINFORLWS BM MAINTAIN APRILATRAFH4E RAINSS IKAEIL DEMISINS1- ADYLEMTO ,HE FROELi SPPLE. 11! OR NS ROOM DR REF RED RED M26ATFXISTMS CORNSDGR Wg1J. FeIET HANID AND ELFLTRILK I1EILIT DS CO RFOD TSidNREp THAT DI C CONSTRUCTION SLRVILE RNSJ DBbLITION AND 3. EONSTRNLTION TEIPGRARY CONSTRUCTION BAF BY THE CFAAN& e. A11W REV REVISION NOT D M OPCRATION- DO NOT DAMYE OR pTER1YI5E R£GKE C%ISTIW' FIRE CCE CX 11N WA TI WIERE G LONRPGMR.MAINAIH ESIRIMI E E E %15T1µ5 RM RF5 RGG1, RDOM PPOTELTION. REPAIR TO OAISIWIL PRDi£GTION F OAM45F OLC1R5. _ _ _ SORFACTIDN (CAE ALL 51X6 HJPFK%AS EA EACH RO ROUSH OFUMNS REONRFDIR C IPONSWE Ai_ OAP BARRIERS Ell ELEVATION R5 PGWN. VERIFY All MAL DIfENSLW WTH OIMEN51015 SHOWN ON PLAM1S. EIFS E%T. INC L. FWI5H WSTEM SARF S F- ADHERI W RESILIENT SECTIONS AND EIEVATIONS, DIMBSIONS IN PLAN. SECTION AND 3. LDORDINATE OKIVERY OF MATERIALS TO SITE WITH LANDLORD. A.m E%15T E%ISTNK 11-ADHIN5 ELEVATION 5F£RCFDE MAIL DIMEK10N5 WERE DISCREPANCIES RESTRICT DELIVERIES TO THE HOURS IDENTIFIED BY THE LANDLORD. EM EXTERIOR 5L SOLD CCRE OCGVR. NOMPY ARGHITEGT IMAIMA Y FOR CLARIPICATON PRIDR TO E5. FKN SIDE SL4¢C YAEWLE FAGLEEOIN6 WITH THE NORK. 4, MEAS SHALL BE TAKEN TO CONTAIN ALL LLNSTWCTIOH DENNIS, F.F. FINISH PLOOQ, SECT SEGTON DO NOT VARY OR MODIFY 1W KIRK 51O1W WINO! WRIll TRASK AND MATERIK5 WIMIN THE SPACE UNTIL DIEPO5AL DWi1T'. FIN FL FINISH FLOOR ENT V ELS SHEET SP NCATON5 AUNORIUTGN FROM THE ARLNTTELT. LAN BE ARRAN&l 05MJ59L WORK M5T TK:E RAGE OPAY PRHS HONKS APPROVED 51105 LMDILWD. FLA5N6 FLPSXIHS SF SCARE FEET OETALS WHICH OCGLR BOTH RKSM- AND LEFT-HAND ARE FH FINE HVI RAN SAILS SNEATHINS SHOWN ONLY ONCE. M Il DETAILS ARE HOT REPEREMCEO AT ALL 5, 00 NOT STORE COHAPIKTION MATERIALS IN LLNRIDORS OR ALLOW FOIL UFNKSEP BY OWNER SAS SR UI METAL SCRFYI 5TE TTHE RpCgTILfiS THE INTENT 5 THAT THEY LARRY TIRCUSNGrt TE MAMPIIAL5 TO BLOCK OR PARTIALLY KLOCK PATHS AT REWIRED FOIO µSTALLED BY L,NrW OR FUWISIED BY OYOER 506 SR SLAB- g46RADE STp. PROFIONS,T550ENT EMITS. rKAA -UED BY OPMB MOR STOVIASE ALL REg11R V SNIP LRAM µ6i ANC SAHNITTKS 5HALL BE 6. COORDINAT`. ALL WMK W FACILITIES DIRECTOR FO FINISµ LPENINS STPWC1 S.IKKAL REVEWED BT THE AF`CNIMCT PRIDR TO P EEDNK WITH THE MRK. FOS FACE OF SIM 5_USP Y5P w SA SAWS 50 SCARE ALL 5HA CRAMN& OMENEIOMS 5Mµ1 SEE CHECKED AND MIN IFED IH 6PLV 6 6ALIANI2M &LASS TOE TM 10� OF BEAM TOP OF CONCRETE THE FIELD BY THE CONTRACTOR. DEFERRED SUBMITTALS SAO bYFSAM WALLBOARD TM TO, OF SLAB 6FISRK CONIRPLTOR SMALL REPAIR ANY OAMASE LANSEO 5Y SSM bKVANIl 5NEEI Mill TOM TOP OP WALL HIMSELF OR OTTER TRADE. L EXTERIOR WILDINS 516NAGE N9ER 5u[vERATE PERMIT NL HgLLDW LORE 1. TTACAJ- NOATE 115 _ _ ALLOWANCE HOE NAKC `0 NPIN N.FINISIEO WHhHTHEFLOCAL-LRSOLTI011511OISE ORD0.HANCElED ANY) HM HO,IDWMETAL IE LWAAL LANDLORD NOTES NOR HORITOMK IS VAPOR DARKER ALL ELEMENTS REQUIRED TO M FRAMED, BRACED, OR SUSPENDED M ME16M VLT VINTL LOW051TON TILE PNOiM LEWNS ADOVE SHALL BE NNb TORROM THE TOP CMGTb OF I. TENANTS bENERALCONIRALTLR S REWIRED TO USE NNDl01✓D5 HIM NOT Wg1FR IF VERIFY IN FIELD JOISTS OR STRWTPtA15TEEL WHICH F%5T AN' VE TIWNTS SPACE RROFRIETARY BARRICADE VBIDGR FOR IM 5TOREFROM A. PATIO HWF PDT PATER TAM .1 VERTICAL NOT FROM DECK ABOVE, MODIFICATION WRK. PLEASE CONTACT MK-WPL OF 5'JND¢RN WL MINTER CLOSET CALIFORNIA, RLE OW5. TEL. 909 -B]S' -1119 OR 951- 511 -531 INSUIl. IN IRE- ULATmH INTERIOR AP W WATERfFOOF "I 1. TENAM Ml Ibf LIW WE ANT PARKNb, PARKINS SI6NA6E, OR }Wx JUNCTION BO% RAMPS WNHWT APPROVAL, CHANCES TO PARKINS STALLS, RAMP, mi WO WTMN Al. PNC SI6NPbE MJST BE REVEIYED ARE ARTtOVED BY LANDLORD. PROJECT NOTES DRAWING INDEX P -(SGT NAKQ. TOMMY eAHAMA ADO -P LOVER SHEET. FRDJ T NOTES a PRVdLT AMMES: M M! MYAMA AOJ -P 51M PLAN LONCRA CR MAR RAU. ALO -P KEY PLAN. VICINITY MAP. NOTES, o t 0 U 854 AVOCADO AVERS a%InNS FLAN Tommy HEWDRF BEACH, LA 9]660 N E . DF W NEW PW VATS PAD. BYALYRE TO AN E%19TAS Ai.O -P LONSTRCTION FLOOR PLPN 4 NOTES. fESTAWANT/RETna B4LD(HC MCFK'IXLLVOU G[iERI.R DWR SL Vi I NOTES RAM SEAINS AREA W.. ME IF 9E LIMM,, A5 INDICATED TEREN. 59.0 -P EXTERIOR WLLDI.W' 0.EVATIONS A5.0 -P SEATMG. EA NS. ALCESSIMUTY FLAN SEATING, SOKEHl bOVERNIIM L.DE. AS ADCPIEO El GI, OF NFYP.RT El MUNICIPAL CODE A 2, EXTERIOR FENCE DETAILS ]OT LALIPLRXIA BRLDINb LO.E ]W! LALIFGRNIA IELNANILPL COVE 1[O! IM.IPGW4IA RLMNIYa W. _ .... -.. ... ....._. .. COOK Il WFOFMCCOEF,Rm LMNSC VADOM 1GA UMFg41!/JDE FOR 6µR (Corona del Mar Site Summary COVE. ME PAN LPLIFOWIW BAFriIER- FIIFFE LODE. i11LE ]9 i312512008 LL ._._. LIXLNb: PC GSTRI. 121WORT VRSAbE -- _ LONITRNLTION TYPF. TYF£ V.N, FULLY SPRINKIEPED -.� -- -- ._ - -_. SITE AREA 435809:SF __�� - CLL49ANLY bRd.P. A -]M RESTNRAM mBN9DING FIUYEFRW4EREO:W .. .. _ALLOWABLE BLDG AREA 105000SF - NRE AL ARM.ETELnIX1 yATEN -� -r� Fgures per - .. Record. ARPA SUMMARY: RLtlW/.REA EI -i' -' ( - CtIY D7 Nsw P.rt 857th 9.n 5F 17SP. 4KLS.Mc AFE mMxL..I. GPpyi ONOJ PATIO OINII6 -� I.AS 5F. -' _ _.... ._..._ .._...- EXYg RI:tallarea 657571 rEry OVm..R DIW1s :� ___ Gul Blg are - -- TOTAL 1 ...... . CGS Resturan[area i 6273. : ocwPAMOr Ggt.s.,- INSLRIMI.N AFPA Lon. FACTOR LOAD.- ;Net public rest Area 3568' R CHAOS - _ ]DD 5w. 51. _ ........ ..... _ _. _. .- .._.... 'GS Pa[IO. _..._.. 3279' CAP& .51. I eARiW:DrEE51 µ35.F. NIm SF. 9 E, ........ ... ... .. _.._ -... __... net public 697 PATIIgrySE 9935F. µ15F. 99 ® 1 PATH SEnTINS INS. SF 115 S' bT ! .25h __.. ............... _ _ -_ Adjusted Bldg area 8655- . LOBBY Ml S1. s 5 _ 01551. �H PATIO MI SF. 115 SF. $O \., imn �owxnl? LOAN 9w .' _ Tammy Bahamas Bldg area > oLLWAM LOn.IS NOT ECIVPLEHT T05EnTM6i TB Resturant area 5769' ME -TO'. - ASAFGRSFATL. , . ..... .. ... ...... .. .. ._._.._ Net public rest Area 4017= PARKINS: El1ST1Ya PNRY1N5 iAOJ0m IN ONHIE 4357: FAUenrs. e3KEAEEO WILOINS AREA OF AS sF. Is TB Retail area _ P(tcP , W G E OF OSE. W INCREASE N EXISTING E xtg TB Patio(1000 stexempt) PARKINS SPFWIRED, DGRE/SEO AREA FALLS WTAN KLOIWB.E BIIILII% ARE /. FLR PL DISTRICT. ... ..- - :1 000 NOTE: JNSN. FIRE W N -M AND PIKE AIARA SYSTEMS TO KEFVNN 257p net public .. .. _.- .- ...... ... !Adjusted Bldg area 16126 -/ VALUATION: NsDmm EXPO ADJUSTED BLDG. AREA 194538' Available Building/Patio area E�2; PROPOSED euitdinglPatio Addition .. 461, _. PROPOSED BLDG AREA 104999' Required Plsiking Ratio .4.91 1 00 0 3 Parking Prmrided -" t 516'& ..... . .......... NDnVausl2o WORN 02MS YCRNMP LENS XMIFICLL LEW. - Mth FL- N.C., suue f 411j117 -m» FAX 4Ch, ]-]: E -µNI: mI.QTTI. h.cvm �9AF(Cjq N9�NAWYT�!" �ORCAtf� CORONA del MAR PLAZA 854 AVOCADO Avenue NENTORTBEACH CA 92660 PATIO ADDITION PERMIT SET DRAWINGTITI.E PROJECT NOTES Oil By .>G CHECKED BY .R8 9llohO F4MXAC L.MEDS Lamb u-COMxls I. F 11 R1 ISWEO DATE OESCRIPNON A0.0 -P M N to M 0 a O Q r0 o t 0 U PROJECT NAME lb Tommy o Q E N E Bahama's a CORONA del MAR PLAZA 854 AVOCADO Avenue NENTORTBEACH CA 92660 PATIO ADDITION PERMIT SET DRAWINGTITI.E PROJECT NOTES Oil By .>G CHECKED BY .R8 9llohO F4MXAC L.MEDS Lamb u-COMxls I. F 11 R1 ISWEO DATE OESCRIPNON A0.0 -P AOOE5316LE PARKING 24. Specify the Catol number of parklrw spaces and disabled parking spaces squired by Table IIB -6. . 25, Accessible parking spaces serving a particular Wilding shall be located on the shortest accessible route of travel From adjacent parking to an acce islble entrance (as near oe practical to an accessible entraroe). (11298.1 d 11291 26. One in ovary eight accessible spaces, but not less than one, shall be served by on access aisle 96" rvide minlmum and shall be designated "van accessible '. All such spaces may be grouped on om level of o porikeg structure. The words, 'R parking' shall be painted wlthnn the loading area With 12" NO letters located where It is voible to park'wg sharcemarb offlciall11295.421 21Accessible parking spaces shall be se located that persons with disabilities are net compelled. to wheel or walk bahkk parked cos other than the✓^ own. (111 21t. Curie ramps shall not encroach Into any parking space beyond the wheal stop. (11298.4.3) Sae figures II5-19A, B, O; 118-20A, B, O, P. E. 29.Each parking space reserved for persons with disabilities shall be Identified by o reflectorized sign permanently posted immediately adjacent to and risubi. from each stet or space, consisting of a profile view of a rheelchab with occupant In white an dark, blue background. The sign shall not be smaller than 10 square inches In area and, when in a path of travel, shall be posted at a minlmum height of 80" Rom the bottom of the sign W the parking space Finished grade. (11298$ Fig 116 -IBA, B a 0) 30. Signs to identify accessible parking spaces may also be entered on a red at the interior and of the parking space at a minimum height of 36" From the parking space fe,lahed grade, ground or sidervalk. (11298.5) 31. Van accessible parking spaces shall have an additional sign stating 'van Accessible" mourned beiow the symbol of accessibility. (1129851 32.An additional sign shall also be posted in a conspicuous place, at each entrance to Rf- street parking Fagiitles, or immediately adjacent to and visible from each stall or space. The sign shall be net lass inch 17- by 21 in size with lettering not less than I" in height, Mich clearly and conepbvously states the folle.11i (11296.5) 'Wnoutherlead vehicles parked in designated ac.cessime spaces not displaying distinguishing placards or license plates Issued for persons pith' • disabilities may be, towed away at owner's expanse. Tared vehicles may be reclaimed by telephoning the Police Debt - M49) 644 - 3681." 33. The surface of each accessible parking space or stall shall have a surface Identification duplicating either of the follorving schamba� (11295.5, Fig IIB -IBA, e e c) 0. 59 outlining or painting the stall or space in blue and outlining an the ground in the stall or space in white or sultable contrasting color a profile vier depicting a wheelchair with occupant OR b. 6l outlining a profile vier of a wheelchair with occupant in white on blue background. The profile view shall be located so that It is visible to a traffic enforcement officer when a vehicle is properly parked in the space and shall ba 36" high bl 36° rvide. • 7; l 1�I SITE PLAN I•spb• UNPUULISNED WORK ®3008 MERRICK LENTZ ARCXRECF 1000 — luath Place N.E., Sulle 100 Bcllemc, rteenlncte, 90005 425/xaT—a1T/ IoX 425 /747-7119 E —Mall: ml.-Pech.com 3 PROJECT NAME Tommy Bahama's CORONA del MAR PLAZA 854 AVOCADO Avenue NEWPORT BEACH CA 92660 PATIO ADDITION PERMIT SET DRAWING TITLE SITE PLAN SPAWN BY X CHECKED BY Jig sauce P Mina CaKhons znaroo u cameos Kesel rein YT ISSUED DATE DESCRIPTION A0.1 -P u i w a W jj ' - - - - -- - - - - - - - - ��- ---- -- f INR 36 FW -- • •c • EXIT PATH—\i,� 250 S.F. s EXITING PLAN H �: MB• , rb• E � • PRIVATE DINING 546 S.F. 36 � 1 IIS Illlll , �- -----a --- ----=�------------ 1 � 1 -i o 0 A-70 -'36" EXIT 1 `OCC 1 1 1 1 1 1 ------- - - - --1 - -1 36" EXI " -i 1l \\ 30 OCC NEW OUTDOOR PhTIO ♦- 4 ------------- 3� 461 S.F. UQ --- -� - - -- -- - - - - -J De {eclable Warning Surfaces -- _- ►mil. � SIDEWALK - ♦ AVOCADO AVENUE IRK \ V i X KEY PLAN z I CNPUKLSHED WORK 0'., MERRICK CENTZ ARCHITECT jaw — 'sem nave x.a.. Suite IW ea7 -317 waenia 747 - 425 /E-M.RY•/ FEU' ;25/Y4Y -Y149 �DAR� �wwmr� �'9• �h mAYa'� � PROJECT NAME Tommy Bahama's CORONA del MAR PLAZA 854 AVOCADO Avenue NEWPORT BEACH CA 92660 PATIO ADDITION PERMIT SET DRAWING TITLE VICINITY MAP, KEY PLAN, EXITING PLAN & NOTES DRAWN BY JL CHECKED BY JTB in. R.VNrIS CarvPOrts HC 4R41M5 1.1 MaRMTYT ISSREO DATE OESCWPTUR Al.0 -P Exsnxs wzoxs �t N.xax PARKIW Q F91E GIXnw.Li4R (6F)to qW /IG£ 3 A ceiTCTAe,e rwswxs Hb0.Gr i _... _TO ixe en,olxs Irrs�aoR � FOftA�, JJµ GF VAM rpY1R.V•r roTM �RP.�B. \ V i X KEY PLAN z I CNPUKLSHED WORK 0'., MERRICK CENTZ ARCHITECT jaw — 'sem nave x.a.. Suite IW ea7 -317 waenia 747 - 425 /E-M.RY•/ FEU' ;25/Y4Y -Y149 �DAR� �wwmr� �'9• �h mAYa'� � PROJECT NAME Tommy Bahama's CORONA del MAR PLAZA 854 AVOCADO Avenue NEWPORT BEACH CA 92660 PATIO ADDITION PERMIT SET DRAWING TITLE VICINITY MAP, KEY PLAN, EXITING PLAN & NOTES DRAWN BY JL CHECKED BY JTB in. R.VNrIS CarvPOrts HC 4R41M5 1.1 MaRMTYT ISSREO DATE OESCWPTUR Al.0 -P • • DOOR SCHEDULE it 9 s 1 a a.na. Nd1.d:.�)Falny ra I.S. a-- I Ndl�wm N¢t.awt.¢w�...ny Na.ag °cam cepm ®HNR.". HARDWARE SCHEDULE ea. din otl rnl.o-k Way.du KK.�bIm". CC mb MNg ll ,ab-v roIry Z I w.d¢ I•wnwF try- I-...a Ra P^^rr Yig l-cee all Yp. ad garb wnbeNm� ]0..umdewrvur bN B1MbM' dNW!NIr�XYald�id le, 1. - .N. uiwuv¢Wplub WmmrrcWeet rox ebmMabp b: e] IN p,- I]. �1w+c nvl^'�IVr g$ WurYm me Y� mdI- w and lc, mwEraY.n.t e11 P^- W Nee e y P-`N eYaq bWad a aaauc mpa 1. UEdr lb Yco R,Nr 'Ka..xwdmgeb u:..Ibn n.mmraNc. u.a wP,..d ppwepm*m+m:n ¢wee N0. 9VE EOGITUN 6 Lu 3 u i XGO fl&L NOSES EaKC,°SP r SP ]tl.YYn1 N-Pnh F TA, T.S TBD 5 NO YES NO 1elIl YPH.1 YP93 1,6 plE. yeq] ®SY ITR SB F TS. T.5 TBO 5 NO YES W 3 2 1U8.1 YA9.1 1,6 .OYES: r. RAd YelfyMglt;n'wflllaNn ✓ pnglorm:v.m.am.rw.. i. 7AWKIN dmlwmssn. a. Doa1.:N:�n.:TBD _ _ 5•.a.11W eak I Neat ]ed —bnme aaaaT. d:c'..e1meaa:rclY..'NR W6s a 1M dds. 5. title n-a w m. B.1. ry NOUS US. Cm :wry. 101prwair i4Z�5:Y B'.1 N.S. VIN WPEAN CONSTRUCTION NOTES N1WO e.drePon Nate a...,.wwkkw mdwdxaywpr:ra dawn.. Polls e..:::w nu r.a..d,zb.. ¢dbat 1 a a.na. Nd1.d:.�)Falny ra I.S. a-- I Ndl�wm N¢t.awt.¢w�...ny Na.ag °cam cepm ®HNR.". egwm.�bdcc ea. din otl rnl.o-k Way.du KK.�bIm". CC mb MNg ll ,ab-v roIry a- kNror°PW6m ccaN, de' "Pn^ -bl I w.d¢ I•wnwF try- I-...a Ra P^^rr Yig l-cee all Yp. ad garb wnbeNm� ]0..umdewrvur bN B1MbM' dNW!NIr�XYald�id le, 1. - .N. uiwuv¢Wplub WmmrrcWeet rox ebmMabp b: e] IN p,- I]. �1w+c nvl^'�IVr u�3'nb L.4 Rav ulWnneua r¢pq:erPo-''°.^'¢lu' malt' N eac -Ww. WurYm me Y� mdI- w and lc, mwEraY.n.t e11 P^- W Nee e al He wNIb reca P-`N eYaq bWad a aaauc mpa 1. wPo Ia,Vd wNhd•mul.natM ¢rdtlu wb:wlly u. b epabw da.r�tav ty Yco R,Nr 'Ka..xwdmgeb u:..Ibn n.mmraNc. u.a wP,..d ppwepm*m+m:n ¢wee m wwlalrmn Po deucd b I.m�d eNm in:eaa -a 4. m gewa rcrNC¢b PoNPgdIrm.Ibdmx vamw, Td etla.he epee. pW.'merutvmd w.erk fe.rem'9 .� ncNS9.rawtia.eropn*^tw b:b'rg ca.,mrmrveala weVN P°^^W yP^Pokci. ba Iaa bbb4—I'a a'a 5. rded.tlwnpe,W aebrd ecnv¢b Wllpmrtb utl � er¢bd PL^e¢d1. acc.- fee. xlb.Ilq.PHm XN,y Nubam as W°+tba oE:eM W:mi¢veh.ntW. Ip dlluw. matnnu. egiprent lPOq wed:+.Yxe .mck'mry.dm+ptubn wn Nbr mrv'r<e un rrci •4`�M ep.eJdnmmrctrvsllay. r >P wel ureN.mwm.rwwrk. N1WO e.drePon Nate a...,.wwkkw mdwdxaywpr:ra g...w...11 ...dace; od..wrnro r¢a b. puu-dwW tw b.u�iK Pollbp.w.e m.gw.a rmaxrr.n..w PLAN NOTE5: Hec mu e.--. -NE.. WNuoe. .,a- .1 be WlM atlxPKlN9 -N. 1, P M4L FIFL 1Wr4£i5 SVN1 BE IMTUIF RET4NIS'N9 A8'PHV. PINISNFlMt . Madgm�J ¢Meab Pollxwv[b.. -atl w NV a[MSecl .mylYm wExm MVNdXWtraMa mf�� b, <,a. dKl I. ee. Mlea ea, reu mam wren m o-¢aq+. LR�A)N06. 15' AFF. YNO. I El 1p dFILER PFLYIVEO BY fAOE MEF g9RAY J .JNLL [[tlR➢. HPWrtw PDJ. FIx15XF5. mrN,.Po N.t w,a+ evpm•4 Nmwd Em.r ¢t a..d. w1m.. .. dd ww wd Bs. F.nd pw a.+.sa. rd 1.mtlmd x.r1¢, dNl.w. wmD�pdvaxq nr.maq.mmmyr.dwmwndmn 11 PEKE,ea" z )Npwut w.)r� rva. A P].m]eS S1w.L ee 11a TOPNO Pea 4/nxl . mmrd �® paeXXe r¢d1 N. Oc.ratyb WNl.tW ba <dnYX. Sa.nW +N1. mrtgwNla cacti J+cr+ub6b. 9.H1&.00FxM IN YWL PPRTRIG6 EYALL 8E FNE REIARAOPNi )PPAIE9 LM @gE. WurYm me Y� mdI- w and lc, mwEraY.n.t e11 P^- W Nee e u Nen, m 4. AIES II1. avlem nanrm lSWH.r,e.r.mMmwt k dm w ea-, N. Mxamna nb.mdkab.Il a+wrYa deuwc.rm �evMW1.N d¢[ty. 4.udrab a'M gglYtl%a m1wbN,x.>nee.neterMe. µ.. ¢d e¢wv.IdmMenW C+:Nr r�y� +a•kcKNc,., roe. �B•+.^k naabd LOUNGE IOa MEN PATIO Q wrevi bf mxu:mw�uure rwa� �G To FBwµ w � raf Ea• vrce EATS BT xmrxera ,\ Na ITN aS .1 NaLN, PANS AFF. /j RMLI1Ua:G1'PFF. %/j \' PBV1R �51� /r NENaeK. w -1 IDA #WR ZYr PER Y /.V] MAPp2 MIt PER Y /A]] I plAllM qt 1 .. EVbT IFS :JNWx.VE \ �•� .._ `� \--� Ei-WWL,GIFE J Al C� / / / / // /� WROav'l M. ® dwlE rO rmtA%rtN �PA'My m.mTa CPEIWN)YP. LO O _. GISrP.RFVba '- mm9d %IO NEeInIN j O /A f gm FN s CONSTRUCTION FLOOR PLAN UNWBIISHED WORK 02000 MERRIOK l£Ni2 MCWECf 1800 - 158N Place N.E., RNNN 100 Bellew¢, W..hi. .. Beoos 925747 -3117 PAX 425 747-714D e -M.SI: mle ®m1.rcB.com Nm�,�, �, �k XyY'B'�C4P �aF ca�� PROJECT NAME Tommy Bahama's CORONA del MAR PLAZA 854 AVOCADO Avenue NEWPORTBEACH CA 92660 PATIO ADDITION PERMIT SET DRAWING TITLE CONSTRUCTION FLOOR PLAN & NOTES, DOOR SCHEDULE DRAWN BY x CHECKED BY JTS vwaB ucmw¢'M5 I/03/OB NERN1r Yi ISSUED DATE DESCRIVTION A2.0 -P • • uNIwuaED WDRN 02009 MERRICE LENT$ PftCHITECT NOTE: ALL SIGNAGE UNDER SEPARATE PERMIT 11 a WEST ELEVATION - Retail -No Change .O S'NE. Ile• a I'b' SOUTH ELEVATION - Cafe -No Change ,O mtiE: va . ra s EAST ELEVATION - Cafe -No Change ve• = ro• 5wwf 1711, �����I SI00� IN��s:IrI1�� ��II "'���I' �IL�i������ �I�1 �I ;IjGVA,'1 �I m� ' I� -- 1TT i e.,. �iiT _iL _iy _ice NOTE: ALL SIGNAGE UNDER SEPARATE PERMIT 11 a WEST ELEVATION - Retail -No Change .O S'NE. Ile• a I'b' SOUTH ELEVATION - Cafe -No Change ,O mtiE: va . ra s EAST ELEVATION - Cafe -No Change ve• = ro• 5wwf s OVERALL NORTH ELEVATION - .a xN�.I�•.I�� 1 1000 - 130ID Place N.E.. Suite 100 HeR_e. Weahin .t 98005 420/749 -3197 AA% 425/947 -9149 6 -Nail: mla ®mWChcom (3- PROJECTNAME Tommy Bahama's CORONA del MAR PLAZA 854 AVOCADO Avenue NEWPORT BEACH CA 92660 PATIO ADDITION PERMIT SET DRAWING TITLE EXTERIOR ELEVATIONS DRPWN BY CECKED BY .lfB anaroe TvMeoxacmeen. vNroe �caumns Imsao rtsNrt seT BSLIED GATE DE9CPoPTIDN A3.0 -P 1711, �����I SI00� IN��s:IrI1�� ��II "'���I' �IL�i������ �I�1 �I ;IjGVA,'1 �I m� ' I� s OVERALL NORTH ELEVATION - .a xN�.I�•.I�� 1 1000 - 130ID Place N.E.. Suite 100 HeR_e. Weahin .t 98005 420/749 -3197 AA% 425/947 -9149 6 -Nail: mla ®mWChcom (3- PROJECTNAME Tommy Bahama's CORONA del MAR PLAZA 854 AVOCADO Avenue NEWPORT BEACH CA 92660 PATIO ADDITION PERMIT SET DRAWING TITLE EXTERIOR ELEVATIONS DRPWN BY CECKED BY .lfB anaroe TvMeoxacmeen. vNroe �caumns Imsao rtsNrt seT BSLIED GATE DE9CPoPTIDN A3.0 -P • 7 I I . . 11 1 - -1J _LL Ai __�-� _ I I tsg ASa00%RL e`s,� � oa%�A I i im w3o� �o °� / tlS / TmAnM�wsT.�,r m , • 0 0 0 Eld s SEATING /EXITING PLAN •F.ALE. IM' v I'O' DINING FD(TURE SCHEDULE -Patio Addition_ ........... _......_..- .._..:...,. ._ B = j. TABLES C Cj� �rc�EAA .WNWC Eld s SEATING /EXITING PLAN •F.ALE. IM' v I'O' DINING FD(TURE SCHEDULE -Patio Addition_ ........... _......_..- .._..:...,. ._ TABLES C DESCRIPnON MANUF'R MDDELY pppN. SYMBOL DESCRIPTION MANUPR MOI QUAN, OUTSIDE TOTALS T5 EXIBior4 TW Taue 38"x38 TBD TBD 6 GS Pep. Dinh, MBir TBD TBD 24 PATIOADWN 24Sggb 24&M 'i1CCES9IBLE SEATING ' -- SEATTYPE RDFSEATS REp'DIEATS(5Y) PROP EDSEATS O.BM.Didlg 24 2 2 \ NOTE: 18 seAnMS sFAres FaR FEOr.E w InaRLCxa,ca Au Fx Wv A7 NOTE. SEATING CAPACITY IS NOT rr,eLES OR Cameo, uEAR FLOOR SPPLE COMinW wTx EeCr.,, EQUIVALENT TO OCCUPANCY IIBB.O SNALL BE Rd *M. RICH Cl-EAR FLNJ SFACE 51NLL N wE � CAPACITY NOTE. P31 TABLE TCP 0 b' N:bH MH TO 30' MSK AND, KNS SPALE BY IGRE iRW 19'. (IQ]61. FIG. 11S-1w UNPNBUSNEO WORK ®2000 MERRICK LENTS ARCHITECT 1800 - laem Prom N.e.. SuUe loo BeU., xeahington ITS.. 4E5/444-5149 PAX 925/]47 -]U9 E -Neu ml.em,..cn mm PROJECT NAME Tommy Bahama's CORONA del MAR PLAZA 854 AVOCADO Avenue NEWPORTBEACH CA 92660 ' I PATIO ADDITION I PERMIT SET DRAWING TITLE DINING FURNITURE AND SEATING FLOOR PLAN AND SCHEDULE DRAWN BY G CHECKED BY JrB slaroo RNAliw cma¢x,5 ' ]MKB LL LLTlE1115 WSM PPMRSEi ISSUED DATE DESCRIPTION ® A5.0 -P UNPNBUSNEO WORK ®2000 MERRICK LENTS ARCHITECT 1800 - laem Prom N.e.. SuUe loo BeU., xeahington ITS.. 4E5/444-5149 PAX 925/]47 -]U9 E -Neu ml.em,..cn mm PROJECT NAME Tommy Bahama's CORONA del MAR PLAZA 854 AVOCADO Avenue NEWPORTBEACH CA 92660 ' I PATIO ADDITION I PERMIT SET DRAWING TITLE DINING FURNITURE AND SEATING FLOOR PLAN AND SCHEDULE DRAWN BY G CHECKED BY JrB slaroo RNAliw cma¢x,5 ' ]MKB LL LLTlE1115 WSM PPMRSEi ISSUED DATE DESCRIPTION ® A5.0 -P 0 0 15 VERUG L � ET PC4T5 E%ISTINS N.DI� V' 't]AT BASE W6L4 TPoM AT PAYERS r uBMTH / - x165 WAIL 4598 RgIL LAP /r \ 3 /4'xI IR'xIR'S Q1ENLANED FENCE ELEVATION $GALE. I' -Ib' I, FTUOR rolNTERIAL xvlsrclal oR coNSTRUCnaN 1 s OUTDOOR DINING FENCE EAST ELEVATION xPIE, 3/,' : I�b' OUTDOOR DINING FENCE NORTH ELEVATION 1 GGNL. COIF FOR SOK K I. 9RPORTS.T , QOUTDOOR DINING FENCE SECTION (0NOT USED °SALE. 3/4' = I' -O' UNPUBLISHED WORK ®HAS MURRICK LEN2 ARCMECi 1800 - A.. Place N.E.. Sui4 100 Bellevue. NeeBi�gton 98005 425/141 -9177 FA% 425/749 -7149 E -Nall: mla ®mlemh.rom re.cnm�" Sf Fk NAYT�c�P PROJECT NAME Tommy Bahamas CORONA del MAR PLAZA 854 AVOCADO Avenue NEWPORT BEACH CA 92660 PATIO ADDITION PERMIT SET DRAWING TITLE EXTERIOR FENCE DETAILS DRAWN BY JC CHECKED BY JTB ZL �n,/Oe u cams va5�oo PFANV SE: ISSUED DATE DESCRIPTION A8.2 -P -jE .................................. ........ .. FAVER5 .......... . . . . . . PLANTIi . . . . . . . . . . . . . . . . . . . . . . . . . REMOVE .... FL ....... . ................ 0 0 /6 /6 2 �6 CD ......... Seating Plan Prior to March 2008 Remodel PATIO 11 Tables @ 7 77 seats 6 Tables @ 2 12 seats Total 17 Tables 89 seats DINING 19 Tables @ 6 114 seats 4 Tables @ 2 4 seats I Table @ 10 10 seats 12 Booths @ 4 48 seats Bar Stools 16 seats Total 36 Tables 196 seats TOTAL TABLES 53 TOTAL SEATING 285 a a man MMIAJJ RETAIL Drawing Ilde OLD SEATING PLAN Date 4/28/08 Job Name Tommy Bahama's Tropical Cafe Sale NTS NEWPORT BEACH Drawing He. SK-1 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W .✓ W W W W W W W W W W W W W W W W O W W W W PAVERS W W W W • W W W • W W W • 6 yJhA /yl�[1 6 W W 4 {{{y`�Va/ %;`'y.•J.I '�..1�`yj,<!J�'L�1JyI W W W .. • ITFJ 4 Cl 6 'ZT�' W 2 4 4 4 4 4 4 I 4 March 2008 Remodel S PATIO 17 Tables @ 4 2 Tables @ 2 3 Tables @ 6 Total 22 Tables eating Plan 68 Seats / 4 Seats / 18 Seats 90 Seats i DINING 19 Tables @ 6 114 Seats 2 Tables @ 2 4 Seats 3 Tables @ 4 12 Seats 9 Booths @ 4 36 Seats Bar Stools 27 Seats Total 33 Tables 193 Seats TOTAL TABLES 55 TOTAL SEATING 283 N New 0, KITCHEN ..... ..... �s ss Dining Area Seating Plan RETAIL LOBBY a Gnwing.... NEW SEATING PLAN — 4/28/08 Jab Name Tommy Bahama's Tropical Cafe Suit NTS NEWPORT BEACH Dming Re. SK -2 NOTICE OF PUBLIC HEARING Tommy Bahamas at Corona del Mar Plaza (PA2008 -029) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on an appeal filed by Tommy Bahamas of the decision of the Planning Commission to deny an application of Tommy Bahamas for Use Permit No. 3623 on property located at 854 Avocado Avenue. The appellant requests an amendment to Use Permit No. 3623 to permit an additional 461 - square -foot outdoor dining patio which would be in excess of the maximum outdoor dining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining) of the Newport Beach Municipal Code. The property is located in the Newport Village Planned Community (PC) District. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on May 13, 2008, at the hour of 7:00 p.m. in the Council Chambers (Building A) of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. NOTE: The expense of this notice is paid from a filing fee collected from the appellant LaVonne M. Harkless, City Clerk City of Newport Beach Easy Peel labels ® See Instruction Sheet ; Ti ��Y ®5160® Use Avery® TEMPLATE 5160® ' Feed P r for Easy Peel Feature ' U 1Igtd 050- 323 -04 050- 323 -05 COAST BUSINESS CENTER LTD 2101 ECH LLC TR 050-323-03 1105 QUAIL ST 2101 E COAST HWY 300 NEWPORT BEACH CA CORONA DEL MAR CA 9266o -2705 92625-19oo 442 - 014 -25 442- 014 -26 442- 014 -27 CITY OF NEWPORT BEAC CTIYOFNEWPO CH CITY OF NEWPORT )CH 3300 NEWPORT B 3300 BLVD 330o NE 'BLVD NEWPORT CA NEWPORT BEACH CA NEWtF BEACH CA 926 92663 -3816 92663 -3816 442 - 014 -28 442- 271 -04 442- 271-05 IRVINE CO TAX DIVISION LLC PROPERTY RESERVE INC 55o NEWPORT CENTER DR 15 CORPORATE PLAZA DR 130 PO BOX 26o9 NEWPORT BEACH CA NEWPORT BEACH CA CARLSBAD CA 92660 -7011 92660 -7918 92018 -26o9 442 - 271 -19 442 - 271 -29 442- 271 -30 IRVINE CO OCRC -GE CORP IRVINE COMP 550 NE CENTER DR 7 CORPORATE PLAZA DR 550 NE CENTER DR NEWP BEACH CA NEWPORT BEACH CA NEWPORT BEACH CA 92 -7011 92660 -7904 9206 -7011 442- 271-31 442-271 -32 442-271 -33 IRVINE CO IRVINE COMPANY, IRVINE 550 NE RT CENTER DR 55o NEWPO R DR 550 N ORT CENTER DR NE T BEACH CA NEWPO EACH CA NEWPORT BEACH CA 9266o -7011 9266o-loll 9266o -7011 442- 272 05 458 - 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92625 -1553 92625 -1553 92625 -1553 458- 644 -17 458 - 644 -18 _. - - -� 458 - 644 -19 MICHAEL J SUNDERLAND PDM HOMEO ASSN LAm 32 POINT LOMA DR 4350 VO AVE 370 5001 CALIFORNIA AVE 211 CORONA DEL MAR CA NE RT BEACH CA BAKERSFIELD CA 92625 -1026 66o -2043 93309 -1692 458 - 644 -20 458- 644 -21 458 644 22 ROBERT J & SUZANNE DONALD E SEGRETTI W LEMASTERS STEINBRONER 2711 POINT DEL MAR 2701 POINT DEL MAR 2721 POINT DEL MAR CORONA DEL MAR CA CORONA DEL MAR CA CORONA DEL MAR CA 92625 -1554 92625 -1554 92625 -1554 458 - 644 -23 458- 644 -24 458 -644 -25 KENNETH P KERRY LYNN JOLLIFFE BRENDA LYTELL 2691 POINT DEL MAR AVE 2681 POINT DEL MAR AVE 2671 POINT DEL MAR CORONA DEL MAR CA NEWPORT BEACH CA CORONA DEL MAR CA 92625 -1552 92625 -1552 92625 -1552 ttiquettes faciles a peler ♦ Consultez la feuille www.avery.com Utilisez le gabarit AVERY® 51600 Sens de chargement d'instruction 1- 800-GO -AVERY Easy Peel Labels Use Avery® TEMPLATE 51600 i A See Instruction Sheet ; iFeed Paper for Easy Peel Feature 1 QAVERy ®5160® 458 - 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081 -11 459 - 081 -12 459-081 -13 WILLIAM W GREEN MARTINA MANGOLD SCHULEIN 3419 VIA LIDO 607 192 E RADCLIFFE DR 15 LINDA ISLE NEWPORT BEACH CA CLAREMONT CA NEWPORT BEACH CA 92663-3908 91711-2832 92660 -7205 459 - 081 -14 459-081 -15 e MARTIN A MANGOLD RON E PRESI'A �' 459-08>16- 192 E RADCLIFFE DR PO BOX 7099 CLAREMONT CA NEWPORT BEACH CA 91711 -2832 92658-7099 459- 082 -01 459 - 082 -02 459 - 082 -03 MARTIN A MANGOLD ALLYSON BOLIN- PRESTA GARY A PRESANT 192 E RADCLIFFE DR PO BOX 7099 2345 CUMBERLAND RD CLAREMONT CA NEWPORT BEACH CA SAN MARINO CA 91711-2832 92658 -7099 91108 -21o6 459 - 082 -04 459- 082 -07 459 - 082 -08 GARY A PRESANT LIDO ACACIA REALTY LLC SCOTT M DALTON 2345 CUMBERLAND RD 740 VIA LIDO NORD PO BOX 324 SAN MARINO CA NEWPORT BEACH CA CORONA DEL MAR CA 91108 -21o6 92663-5523 92625 -0324 Etiquettes faciles a peler ♦ Consultez la feuille www.averycom Utilisez le gabarit AVERY® 51600 Sens de chargement d'instruction 1- 800 -GO -AVERY Easy Peel Labels Use Avery® TEMPLATE 51600 459- o82 -09 PATRICIA J BOWMAN 703 BEGONIA AVE CORONA DEL MAR CA 92625 -2035 459-o82 -13 SCHULEIN 15 LINDA ISLE NEWPORT BEACH CA 92660 -7205 459 - 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o82 -15 GARY SAUTER 735 CAMEO HIGHLANDS DR CORONA DEL MAR CA 92625 -2704 459-082-101 ""' 59 -082 101 "" -11 .: 459 - 083 -03 STEPHEN M MILLER 24o16oTH AVE SE MERCER ISLAND WA 98040 -2414 459 - 083-07 459- 083 -08 PENSION ADMINISTRATORS INC BARBARA J NEMEC 2505 MCCABE WAY 407 N BAYPRONT IRVINE CA NEWPORT BEACH CA 92614 -6243 92662 -1047 459 - o83 -10 PENSION STRATORS INC 2505 M E WAY IR CA 9 14 6243 459-083 -13 ETAL r 459 - o84 -05 D & LYNN MINGORI 104o8 HEBRON IN LOS ANGELES CA 90077 -2720 459-o84-09 TITAN DEV CO LLC 610 NEWPORT CENTER DR 840 NEWPORT BEACH CA 9266o -6461 459 - o84 -12 MICHAEL E LAKE 605 ACACIA AVE CORONA DEL MAR CA 92625 -19o8 459-083 -11 COAST M INVESTMENTS INC 128o BISON AVE B95o6 NEWPORT BEACH CA 92660 -4258 459 0 I4 459 - o84 -o6 ROSI'AM & MTTRA KAVOOSI 201 MILFORD DR CORONA DEL MAR CA 92625 -3118 459-o84 -10 WILLIAM DAVENPORT 6o1 ACACIA AVE CORONA DEL MAR CA 92625 -19o8 459- o84 -13 PHILIP SCHLEGEL 6o9 ACACIA AVE CORONA DEL MAR CA 92625 -19o8 Etiquettes faciles a peter ♦ Consultez la feuille www.averycom Utilisez le gabarit AVERY® 51600 Sens de chargement d'instruction 1- 800 -GO -AVERY Easy Peel Labels i A See Instruction Sheet 1 &—N QAVERY ®s16o® i Use Avery ® TEMPLATE 5160® iFeed Paper for Easy Peel Featurei 1 459 -084 -14 459 - 084 -15 459 -084 -16 JOHN SCHRAM RICHARD M & SHEILA ORTWEIN VALERIE A DURANT 611 ACACIA AVE 1435 GALAXY DR 1048 IRVINE AVE 156 CORONA DEL MAR CA NEWPORT BEACH CA NEWPORT BEACH CA 92625 -1go8 9266o -4921 92660 -4602 459 - 084 -17 459 - 084 -18 459- o84 -19 MIKULKA DICK BAXLEY GARY R FARNEY 617 ACACIA AVE 8 ELIZABETH CT 2133 ELSINORE RD NEWPORT BEACH CA RANCHO MIRAGE CA RIVERSIDE CA 92625 -1go8 92270 -1637 925o6 -1535 459 -o84-21 459-084 -22 CHERIF E NAHAS SANBORN 459-o84-23 620 AVOCADO AVE 614 AVOCADO AVE TR CORONA DEL MAR CA CORONA DEL MAR CA 92625 -1920 92625 -1920 1 459-085 -01 459-084-24 459 - 084-6 ' NONA WOLVERTON TR 62o ACACIA AVE CORONA DEL MAR CA 92625 -1921 459-085 -02 459-085-03 459 - 085 -05 RODNEYGMORRIS J TERNAN GRETCHEN WILLIAMS 618 ACACIA AVE 616 ACACIA AVE 612 ACACIA AVE CORONA DEL MAR CA CORONA DEL MAR CA CORONA DEL MAR CA 92625-1907 92625 -1907 92625 -1907 459 -o85-o6 459 -085 -07 459-o85 -o8 JOHN BROWN JOHN M & DIXIE CLARK WILFRED COOPER 610 ACACIA AVE 608 ACACIAAVE 1226 SEACREST DR CORONA DEL MAR CA CORONA DEL MAR CA CORONA DEL MAR CA 92625-1907 92625 -1907 92625 -1224 459 - 085-09 459-085-10 459-085 -11 MARJORIE C SCOTT ROBERT E BENTLEY DAVID SUNG 13029 OTSEGO ST PO BOX 2444 11 SEA VIEW LN SHERMAN OAKS CA TEMECULA CA NEWPORT BEACH CA 91423-1624 92593 -2444 92657-igo6 459- o85 -12 459 - 085 -13 459 - o85 -14 JENNY L LANGFORD KILLAN PROPERTIES LLC BEGONIA INVESTMENTS LLC PO BOX 1803 603 BEGONIA AVE 555 N 13TH AVE NEWPORT BEACH CA CORONA DEL MAR CA UPLAND CA 92659 -o803 92625 -2014 91786-4904 459 -085-15 459 -085-16 .459 085 -18 JULIA A STATEN PATRICK BRADLEY JESSICA L CARTER PO BOX 442 6og BEGONIA AVE 613 BEGONIA AVE NORTH SAN JUAN CA CORONA DEL MAR CA CORONA DEL MAR CA 95960 -0442 92625 -2014 92625 -2014 459 - 085 -19 459-085 -22 JESSICA L CARTER NEAL B ELLIS r 613 BEGONIA AVE 621 BEGONIA AVE 459-0-23 CORONA DEL MAR CA CORONA DEL MAR CA O 92625-4910 92625 -2025 f Etiquettes faciles A peter A Consultez la feuille www"mrycom. Utilisez le gabarit AVERY® 51600 Sens de chargement d'instruction 1- 800-GO -AVERY Easy Peel Labels Use Avery® TEMPLATE 51600 459 - 085 -24 . 459- 085 -27 459 - 086-04 THOMAS A GRAY 512 CARNATION AVE CORONA D EL MAR CA 92625 -2024 459 - o86 -07 BRADLEY J MONK 6o8 BEGONIA AVE CORONA DEL MAR CA 92625 -2013 459 - o86 -10 ANDREW G DIPPOLD 12507 MARTHA ST NORTH HOLLYWOOD CA 916o7 -1511 459 - o86 -14 WILLIAM F HERRINGTON 2489 PARMLEY IN COSTA MESA CA 92627 -1381 LA 1 See Instruction Sheet i CA ® ® i ® 1Feed Paper for Easy PeelFeaturei ® AVERY 5160 i 1 459-085 -25 459- o$5-26 459 -o86 -oi JULIE RALLS 62o BEGONIA AVE CORONA DEL MAR CA 92625 -2013 459- o86 -05 C CROCKARD 1820 S LA PALOMA PALM SPRINGS CA 92264 -9272 459-086 -o8 BRADLEY J MONK 6o8 BEGONIA AVE CORONA DEL MAR CA 92625 -2013 459 - o86 -11 JEFFREY A & CAROL WOODMAN 600 BEGONIA AVE CORONA DEL MAR CA 92625 -2013 459 - o86 -15 RICHARD C HUNSAKER PO BOX 2423 SANTA ANA CA 92707-0423 459 - o86 -17 MICHAEL & LUCILLE HARRISON - 459 18 31oo A PULLMAN ST COSTA MESA CA 92626 459 -o86 -22 459 - o86 -9 i° t ttiquettes faciles a peler Utilisez le qabarit AVERYO 51600 Sens de chargement 459 - 086-02 WILLIAM J OCONNOR 90 LINDA ISLE NEWPORT BEACH CA 92660 -7209 459-086 -o6 JOHN C KELLOGG 537 NEWPORT CENTER DR NEWPORT BEACH CA 9266o -o911 459- 086-o9 MARK R BILLING 604 BEGONIA AVE CORONA DEL MAR CA 92625 -2013 459 - o86 -12 HAROLD E MEANY 6o 1 CARNATION AVE CORONA DEL MAR CA 92625 -2018 459-086 -16 GAIL L UEBERROTH 26 CORPORATE PLAZA DR 150 NEWPORT BEACH CA 9266o -7961 459 - o86 -20 ROBERT & IDA ZUCKER log CONCORD RD LONGMEADOW MA o11o6 -16o9 45086-24 Consultez la feuille www.averycom d'instruction 1- 800-GO -AVERY Impression antibourrage et 3 sechage rapide www.avery.com Utilisez le gabarit 51600 1- 800 -GO -AVERY AVERY 5160 Jasmine Park Homeowners Assn. Villageway Mgmt. Co. P. O. Box 4708 Irvine, Ca 92716 Corona del Mar Res. Assoc. P. O. Box 1500 Corona del Mar, CA 92625 Broadmoor Hills Comm. Assn. Attn: Management Rep. P. O. Box 4708 Irvine, CA 92616 Harbor View Broadmoor Assoc. Attn: Management Rep. P. O. Box 4708 Irvine, CA 92716 Linda Katsoulas Community Services Director 3300 Newport Blvd. Newport Beach, CA 92663 Gregory C. Dirienzo 2511 Bungalow PI 3 Corona del Mar, CA 92625 Elisabeth Sandoval 2529 Bungalow PI 7 Corona del Mar, CA 92625 Irvine Terrace Comm. Assn. Attn: Kevin Pennington I Polaris Way 100 Aliso Viejo, CA 92656 Corona del Mar Sandcastle c/o Transp Mngmnt Serv. 2020 E. I" St., #500 Santa Ana, CA 92705 Fashion Island Merch. Assoc. Attn: Shayne Voorheis 401 Newport Center Dr. A 150 Newport Beach, CA 92660 Medical Plaza Assoc at N. C Attn: Lillane Coker P. O. Box 15905 Newport Beach, CA 92659 Paul T. Maguire 2519 Bungalow PI 4 Corona del Mar, CA 92625 Alan De Fever 2535 Bungalow PI 8 Corona del Mar, CA 92625 Corona del Mar Chamber of Comm. 2855 E Coast Hwy 101 Corona del Mar, CA 92625 Harbor View Hills Comm. Assoc. Baywind Services 3810 E. Coast Hwy 4 Corona del Mar, CA 92625 Harbor Pointe Homeowners Assn. Attn: Management Rep. P. O. Box 4708 Irvine, CA 92716 The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Dudley Few 2521 Bungalow Corona del Mar, CA 92625 Chrisitan and Sue Dale 2501 Bungalow PI I Corona del Mar, CA 92625 ^ AH3AV-09-008-t 90965 31VIdW31 @4eny estl .»0965 a,A> .., nv .....�.•[.e.e..00 6nomu w i w6nnme nup mpr NOTICE OF PUBLICS HEARING Tommy Bahamas at Corona del Mar Plaza (PA200"29) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on an appeal filed by Tommy Bahamas of the decision of the Planning Commission to deny an application of Tommy Bahamas for Use Permit No. 3623 on property located at 854 Avocado Avenue. The appellant requests an amendment to Use Permit No. 3623 to permit an additional 461-square-foot outdoor dining patio which would be in excess of the maximum outdoor dining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining) of the Newport Beach Municipal Code. The property is located in the Newport Village Planned Community (PC) District. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on May 13,200 , at the hour of 7 :00 p.m. in the Council Chambers (Building A) of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, Calffomia, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. NOTE: The expense of this notice is paid from a filing fee � t2 Vocollected from the � appellant. nly —' LaVonne M. Harkless, City Clerk City of Newport Beach OFFICE OF THE CITY CLERK CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92663 IMPORTANT PUBLIC HEARING NOTICE Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, Califomia. Number A7_6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid-, I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: May 3, 2008 declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 5, 2008 at Costa Mesa, California. 'L - Signigfure NOTICE OF PUBLIC HEARING Tummy El" Nomas of Ceram dal Mor Plaxa (PA2008 -029J NOTICE IS HEREBY GIVEN that We City Council of the City of Newport Beach will hold a public hearing on an appeal filed by Tommy Bahamas of the decision of the Planning Commis- sion to deny an applica- tion of Tommy Bahamas for Use Permit No. 3623 on property located at 854 Avecade Avonue. The appellant re- quests an amendment to Use Permit No. 3623 to permit an additional 461 square -foal outdoor dining patio which would be in excess of the maximum outdoor dining area allowed by the provisions of Sec- tion 20.82.050 (Acces- sory Outdoor Dining) of the Newport Beach Mu- nicipal Code. The prop arty is located in the Newport Village Planned! Community (PC) Dis- trict. This project has been determined to be cate- gorically exempt under the requirements of the California Environmen- tal Quality Act under Class 1 (Existing Facili ties) NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on May 13, 2008. at the hour of 7.00 par, in the Council Chambers (Building A) of the Newport Beach City Hall. 3300 Newport Boulevard, Newport Beach, Califerna, at which time and place any and all persons in terested may appear and be heard thereon. II you challenge this project in court, you may be limited to rais- ing only those issues you or someone else raised at the public hearing described in this notice or in written correspondence deliv- ered to the City at, or prior to, the public hearing. For Information call (949) 644 -3200. NOTE, The expense of this notice is paid from a filing fee collected from the appellant. LaVonne M. Harkless, City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daily Pilot May 3. 2008 Sa487 APPLICATION TO APPEAL [DECISION OF THE PLANNING COMMISSION Application No. Name of Appellant or person filing: w. c. weirs, Tommy Bahama Address: 854 Avocado Avenue, Newport Beach, CA 92660 Date of Planning Commission decision: April 3 go Phone: (503) 605 -6535 M Regarding application of: _ Tommy Bahamas at Corona Del Mar Plaza for (Description of application filed with Planning Commission) amendment to Use Permit No. 2008 - 003 -to permit an additional 461 sf outdoor dining patio to an existing eat ng and drinking establishment that would be in excess of the maximum outdoor fining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining )o t e ewport Beach Municipal Code. Reasons for Appeal: See-attached FOR OFFICE USE ONLY Date 4- Up • 08 Date Appeal filed and Administrative Fee received: 20 Hearing Date. An appeal shall be scheduled for a hearing before the City Council within sixty (60) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20.95.060) cc: Appellant P nning (furnish one set of mailing labels for mailing) File APPEALS: Municipal Code Sec. 20.95.050(6) Appeal Fee: $340 pursuant to Resolution No. 2006 -4 adopted on 1- 10 -06. (Deposit funds with Cashier In Account #2700 -5000) Reasons for Appeal — Tommy Bahama: Given the proposed 461 sf outdoor dining patio falls within the available entitlement (floor area) and available parking spaces within the shopping center, City PIanning Staff recommended approval of the proposed application. The overall number of restaurant and bar seating has also been reduced by 15 seats with the implemented remodel. The interior restaurant seating has reduced by 17 seats while the added outdoor dining area, coupled with a revised seating arrangement in the original patio netted an increase of 2 seats. While not strictly compliant with Section 20.82.050 of the Newport Beach Municipal Code, the patio is intended solely to take advantage of the Newport Beach climate and enhance the overall experience of visiting Tommy Bahama and Corona del Mar Plaza. Given that the proposed outdoor dining area is supported by available floor area in the shopping center and is supported by available parking supply meeting the requirements of Section 20.66.090 of the Code, Section 20.82.050 may not apply as the patio could be considered floor area and therefore part of the building square footage. CITY OF to NPORT BEACH � ,,. \t';• �'n ADMONISTRATFVE SERVICES U Y 3300 NEWPORT BLVD.. sc o? P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 RECEIVED BY: PERRY2 TODAY'S DATE: 04/17/08 27005000 ZONING & SUBDIVISION F r- CASH RECEIPT RECEIPT NUMBER: 02000130222 PAYOR: MARTIN POTTS & ASSO REGISTER DATE: 04/17/08 TIME: 11:26:22 $340.00 --------------- - TOTAL DUE: $340.00 CASH PAID CHECK PAID CHECK NO TENDERED CHANGE $.00 $340.00 5378 $340.00 $.00 MARTIN POTTS & ASSOCI( 3, INC.. BANK OF AMERICAN 4L ASSOCIATION 5378 4041 MAC ARTHUR BLVD., SL 160 NEWPORT BE , CA 92666 NEWPORT BEACH, CA 9266U 16.6611220 PH (949) 719.1900 4/15/2008 ORD THE City of Newport Beach $ — � ORDER OF OF J 340.00 Three Hundred Forty and 00/ 100" ** * *** * "***^ ***`*****"****".***.********************* **.**** ********** * * *• * * * * «***** --- --- -- -_ -_-- DOLLARS 7 City of Newport Beach n1EMo Tommy Bahama Appeal to City 1°0053713" 1ob22000661,: MARTIN POTTS & ASSOCIATES, INC 10 20 I-el b 2063110 City of Newport Beach 4115/2008 Date Type Reference Original Amt. Balance Due Discount 4/11/2008 Bill 340.00 340.00 Check Amount MPA, Inc. - General A Tommy Bahama Appeal to City MARTIN POTTS & ASSOCIATES, INC. City of Newport Beach 4/15/2008 Date Type Reference Original Amt. Balance Qtx Discount 4/11/2008 Bill 340.00 ,347`00 \ J-"' Ch�ok Amount Lf MPA, Inc. - General A Tommy Bahl' a Appeal to City 5378 Payment 340.00 340.00 340.00 5378 Payment 340.00 340.00 340.00 © READY TO REORDER? CALL 1- 800 - 433 -8810 OR VISIT US ATwww .intuitmarket.com /orderchecks