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Home My WebLink About3.0 - Bungalow Outdoor Dining_PA2016-083 - PA2016-080 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 9, 2016 Agenda Item No. 3 SUBJECT: Bungalow Restaurant Outdoor Dining and Off-Site Parking (PA2016-080) 2441 East Coast Highway Use Permit 2016-020 APPLICANT: Louie Feinstein OWNER: 2443 East Coast Highway LLC PLANNER: Brenda Wisneski, AICP, Deputy Community Development Director 949-644-3297 bwisneski@newportbeachca.gov PROJECT SUMMARY Request to establish outdoor dining at an existing restaurant and associated off-site parking. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Use Permit No. UP2016-020 (Attachment No. PC 1). 1 V� QP �P Bungalow Restaurant Outdoor Dining and Off-Site Parking Planning Commission, June 9, 2016 Page 2 VICINITY MAP ps> •tw A .\' -. Ape, cT )?oy A�,F/ .'pp. •�9p �) OS r /x ryp�•. A O� 2• < �h0`'�I p r 9� � O lam? a• apVE 2 sl 21 O> GENERAL PLAN ZONING NN *AA H a C 'o'W004 C LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Corridor Commercial Commercial Corridor Restaurant, Take-Out, Office NORTH Corridor Commercial Commercial Corridor Retail SOUTH Corridor Commercial Commercial Corridor Restaurant EAST Residential Planned Community Residential WEST Two-Unit Residential Two-Unit Residential Parking Lot 3 Bungalow Restaurant Outdoor Dining and Off-Site Parking Planning Commission, June 9, 2016 Page 3 INTRODUCTION Project Setting The property is located on the northeasterly corner of East Coast Highway and Carnation Avenue and is occupied by a two-story, multi-tenant commercial building and surface parking lot with access from Carnation Avenue. Golden Spoon Yogurt is directly south of the restaurant and an office occupies the upper floor. Across East Coast Highway is a Chevron Service Station and residential uses. To the south, across Carnation Avenue is Avila's EI Ranchito and other retail and personal services. A private parking lot is located west of the restaurant, on Carnation Avenue. The surface parking lot is striped to accommodate 8 vehicles. Across Fourth Avenue to the south, is Old School Park, and a municipal parking lot to the southeast with 29 metered spaces. The roadway adjacent to the project area recently underwent a beautification effort which included widening the sidewalk, installation of benches and landscaping. The wider sidewalk accommodates the proposed dining area. The City Council is scheduled to consider the subject encroachment on June 14, 2016. Project Description The outdoor dining area is proposed to be approximately 266 square feet in size and includes ten 2-top table settings. The area would be enclosed with a wrought iron fence, measuring 42-inches in height. The sidewalk width would be maintained at 7- feet. The site photos and project plans are provided as Attachment PC 3. Pursuant to Section 20.54.070 of the Zoning Code, the proposed outdoor dining area is considered a change in the operational characteristics of the restaurant requiring an amendment to the Use Permit. In addition, because the existing operation includes late hours (after 11:00 p.m.), an operator's license issued by the Police Chief is required. The existing restaurant offers outdoor dining at the rear of the building, therefore the proposed outdoor dining area would exceed the square footage allowed without providing additional parking. The applicant has secured off-site parking at 2101 East Coast Highway. In accordance with Section 20.20.100 of the Zoning Code, a Use Permit is required to authorize the off-site facility. Background Public records indicate the restaurant has been established since 1976 and currently operates in accordance with Use Permit No.1778 (amended June 11, 1984) and Outdoor Dining Permit #17 (approved August 5, 1996). Today it offers 1,596 square feet of interior net public area, a 399 square foot outdoor patio area at the rear, the sale of on-site alcohol (Type 47), valet service, off-site parking, as well as two in-lieu parking 4 Bungalow Restaurant Outdoor Dining and Off-Site Parking Planning Commission, June 9, 2016 Page 4 spaces. The existing restaurant may operate from 9 a.m. to 12:00 a.m. on weekends and holidays; as well as lunch time and evenings (5:00 p.m. to 12:00 a.m.) on weekdays. The existing outdoor dining is required to close at 10:00 p.m. Monday through Thursday and 11:00 p.m. Friday and Saturday. Use Permit No. 1778 (as amended) requires 32 parking spaces (8 on-site and 22 off- site) for evenings and an additional 2 parking spaces for weekday lunch hours. Therefore, under current operations, a total of 32 parking spaces are required. The applicant indicates they have access to the parking spaces detailed in Table 1. The location of these facilities is shown in Attachment PC 3. Table 1 Available Parking Supply & Demand Location # of Parking Spaces On-site 8 Available to on-site patrons 711 Carnation 7 Exclusive use 2101 East Coast Highway 35 Secured with Lease Agreement to Year 2026 Municipal Lot Dahlia g_4_t 2 Annual In-lieu Fee to the Cit Total 52 Existing Demand 32 Includes lunch operations Proposed Demand 38 6 spaces for Outdoor seating Conditions required by Use Permit No. 1778 require all employees to park at the off-site parking location and that valet service be offered during business hours. Additional background and conditions of approval are provided in Use Permit No.1778 (as amended) and Outdoor Dining Permit No. 17, provided as Attachment PC 2. DISCUSSION Analysis Outdoor dining is conditionally permitted within the subject area. Parking is required for outdoor areas which exceed 25 percent of the interior net public area. The subject restaurant offers 1,596 square feet in interior net public area and a 399 square foot outdoor dining area. The dining area was established in 1996 without establishing additional parking because the size was within 25 percent of the interior area. The proposed 266 square foot outdoor area requires six additional spaces on the basis that one space is required for every 50 square feet (266 / 50 = 6 spaces). General Plan, Local Coastal Plan and Zoning Code The General Plan seeks to sustain Corona del Mar as a pedestrian-oriented retail village that serves the surrounding neighborhood. The establishment of outdoor dining 5 Bungalow Restaurant Outdoor Dining and Off-Site Parking Planning Commission, June 9, 2016 Page 5 areas contributes to the ambiance of the neighborhood by creating activity on the street. The desire to create visitor serving uses is also stated in the Local Coastal Plan. Additional parking has been established at an off-site location (2101 East Coast Highway) which has historically been utilized by the restaurant for valet and employee parking. It is anticipated that the increased parking demand created by the outdoor dining area will be accommodated by the same off-site parking facility. Therefore, the proposed project is consistent with the General Plan, Local Coastal Plan and Zoning Code. Conditional Use Permit A conditional use permit is required on the basis that establishment of outdoor dining is a change to the operation characteristics of the restaurant. Internal operations are addressed by Use Permit No. 1778 (as amended), therefore the scope of the subject use permit is to assess the operational characteristics of the outdoor dining area, off-site parking and their effects on the surrounding neighborhood. The outdoor dining area would be located along the front of the restaurant fronting East Coast Highway. Residential uses are located along Carnation Avenue behind the restaurant, approximately 175 feet from the proposed seating area. Potential noise impacts will be minimal since the subject building separates the residential uses from the seating area. In addition, the noise generated from travel along Coast Highway will likely be greater than dining patrons. Conditions of approval have been included prohibiting outdoor music and limiting hours of the outdoor dining area to 10:00 p.m. The proposed dining area maintains a sidewalk width of up to 7-feet. The proposed sidewalk width has been reviewed by Public Works staff. The encroachment agreement for the dining area will be considered by the City Council on June 14, 2016. Parking is located on-site, as well at off-site for a total of 57 parking spaces. Existing operations demand a total of 32 parking spaces. The outdoor dining area would generate an additional 6 spaces. Since 20 parking spaces (8 spaces on-site and 7 spaces at 711 Carnation) are shared with other tenants within the subject building, securing additional off-site locations is desired. Summary Establishment of the outdoor dining area would contribute to the pedestrian environment of Corona del Mar. The location and hours of operation would limit potential impacts to surrounding areas. The availability of adequate parking to meet the demands of the proposed dining area has been demonstrated. Staff recommends approval of the use permit per the conditions of approval provided in the attached draft resolution (Attachment PC 1). Bungalow Restaurant Outdoor Dining and Off-Site Parking Planning Commission, June 9, 2016 Page 6 Alternatives If the Planning Commission concludes that there are not sufficient facts to support findings for approval of the outdoor dining area, the Planning Commission shall state said facts and direct staff to prepare a resolution for denial, with findings and conditions. Environmental Review The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 2441 East Coast Highway. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared/Submitted by: rn-71� *Brnisnes i, r ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Use Permit No. 1778 (as amended) and Outdoor Dining Permit No. 17 PC 3 Off-Site Parking Locations PC 4 Site Photos and Project Plans 05/26/16 V� QP �P g Attachment No. PC 1 Draft Resolution with Findings and Conditions 9 V� QP �P 20 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2016-020 TO ESTABLISH AN OUTDOOR DINING AND OFF- SITE PARKING ASSOCIATED WITH AN EXISTING RESTAURANT (BUNGALOW RESTAURANT) AT 2441 EAST COAST HIGHWAY (PA2016-083) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Louie Feinstein, with respect to property located at 2441 East Coast Highway, and legally described as Tract 470 Lot 9 Block 730 requesting to establish an outdoor dining area and off-site dining associated with an existing restaurant. 2. The applicant proposes to construct a 266 square foot outdoor dining area to be located along the front of the structure on East Coast Highway. The proposed area would be located within the public right-of-way and requires an additional six parking spaces. The applicant proposes to locate the additional six parking spaces at 2101 East Coast Highway. 3. The subject property is located within the Commercial Corridor Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. On June 11, 1984, the City Council approved an amendment to Use Permit No. 1778 to expand the operating hours of an existing restaurant and allow off-site parking. On August 5, 1996, Outdoor Dining Permit No. 17 was issued establishing an outdoor dining area at the rear of the building. Conditions of approval were established to minimize potential impacts from the restaurant operations to the neighborhood. Use Permit No. 1778, as amended, and Outdoor Dining Permit No. 17 and their related conditions of approval shall remain in effect. 6. A public hearing was held on June 9, 2016 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 11 Planning Commission Resolution No. Ott Page 2 of 9 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 2441 East Coast Highway. SECTION 3. REQUIRED FINDINGS FOR CONDITIONAL USE PERMIT. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The subject property is designated by the General Plan as Corridor Commercial (CC). The proposed project is consistent with the CC land use category, which is intended to provide for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The subject property is located in the Commercial Corridor Zoning district. Eating and drinking establishments are permitted within this district subject to the approval of a use permit. 2. The outdoor dining area is proposed to be approximately 266 square feet in size which requires additional parking per Chapter 20.40.040 (Off-Street Parking Spaces Required) of the Municipal Code. The existing establishment offers outdoor dining at the rear of the structure. Therefore, additional parking is required for the proposed outdoor dining because the cumulative outdoor square footage exceeds 25 percent of the interior net public area square footage. 07-22-2014 12 Planning Commission Resolution No. Ott Page 3 of 9 3. Off-site parking is an activity which is conditionally permitted. It provides flexibility for uses to meet their parking requirements within a built commercial area with limited on-site parking. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. The proposed eating area is located along East Coast Highway, an active commercial with high pedestrian use. Outdoor dining areas are encouraged in that they create a pedestrian-oriented environment and contribute to the vibrancy of the area. 2. The subject dining area is limited to 266 square feet and extends 8-feet from the building edge. The sidewalk would be maintained at seven-feet which is adequate to accommodate pedestrian passage. 3. The hours of the outdoor dining area would be from 11:30 a.m. to 11:00 p.m., daily. 4. The internal operations of the restaurant will not be modified. 5. The off-site parking facility is located within an existing multi-tenant commercial building located at 2101 East Coast Highway. The site contains 233 parking spaces. Excess parking is available to lease 35 spaces to the subject restaurant. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding: 1 . Establishment of the outdoor dining area will have no effect on the ability for public and emergency vehicle access and public services and utilities, as the improvements are limited to a 266 square foot eating area and do not encroach into the roadway. 2. The off-site parking facility is located in an existing multi-tenant commercial building. A portion of the parking area is subterranean. 07-22-2014 13 Planning Commission Resolution No. #### Page 4 of 9 Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project includes conditions of approval to ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible. The outdoor dining area is located along East Coast Highway, a highly traveled commercial corridor. Residential uses located along Carnation Avenue are separated from the outdoor dining area by the existing restaurant. Therefore, potential noise generated by the seating area will be blocked by the structure and likely will not exceed ambient noise levels created by the roadway. 2. The off-site parking facility is located within an existing multi-tenant commercial building. The restaurant currently utilizes the site for parking and no issues have been identified. SECTION 4. ADDITIONAL FINDINGS FOR OFF-SITE PARKING In accordance with Section 20.40.100.B of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The parking facility is located within a convenient distance to the use it is intended to serve; Facts in Support of Finding: 1. The parking facility is located at 2101 East Coast Highway and is approximately 900 feet, or three blocks, from the project site. The restaurant currently utilizes the site for off-site parking for their employees or valet service, therefore it has been demonstrated that it is appropriately located. Finding: B. On-street parking is not being counted towards meeting parking requirements; 1. While on-street parking and a municipal parking lot (4"' Avenue and Dahlia Avenue) is located in proximity of the restaurant, these spaces are not being counted towards meeting the parking requirements of the business. Finding: 07-22-2014 Planning Commission Resolution No. #### Page 5 of 9 C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and 1. The restaurant has leased 35 parking spaces at the off-site parking facility at 2101 East Coast Highway. Historically, they leased 20 parking spaces at this location. No traffic hazards have occurred as a result of this activity. Therefore, the increase in off-site spaces is not anticipated to create hazards either. Finding: D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. 1. An executed lease agreement between the subject off-site parking location and restaurant owner has been submitted stating the availability of 35 parking spaces through May 31, 2021, with an option for a five year extension. Approval of the outdoor dining is contingent upon the availability of the off-site parking. A condition of approval requires that the applicant notify the Community Development Director if the lease is canceled so that alternative parking may be established or the outdoor dining be removed. SECTION 5. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve Use Permit UP2016-020, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Use Permit No. 1778, as amended, shall become null and void as a result of this action. 2. This action shall become final and effective 14 days following the date this Resolution was adopted 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 91h DAY OF JUNE, 2016. AYES: NOES: ABSTAIN: ABSENT: 07-22-2014 15 Planning Commission Resolution No. #### Page 6 of 9 BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 07-22-2014 10 Planning Commission Resolution No. Ott Page 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-020 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 9. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 10. No exterior amplified music, sound system, outside paging system shall be utilized in conjunction with the outdoor dining area. 07-22-2014 27 Planning Commission Resolution No. Ott Page 8 of 9 11. 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. 12. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Bungalow Outdoor Dining Use Permit including, but not limited to, the Use Permit UP2016-020. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 14. The hours of the outdoor dining area shall be from 11:00 a.m. (9:00 a.m. weekends or holidays) to 10:00 p.m., daily. 15. A parking agreement, approved by the City Attorney and Community Development Director, shall guarantee the long term availability of six parking spaces at 2101 East Coast Highway. The applicant shall notify the Community Development Director immediately if access to these spaces change. If the parking agreement is terminated the Community Development Director shall establish a reasonable time for the applicant to identify substitute parking or the outdoor dining area may be eliminated or reduced in size. Police Department 16. Prior to occupying the outdoor dining area, the applicant shall obtain an Operator's License from the Newport Beach Police Department. A security plan detailing the restaurant's standard operating procedures for addressing security issues will be required prior to issuance of the Operator's License. 07-22-2014 12 Planning Commission Resolution No. #ftt Page 9 of 9 Building Division 17. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with Chapter 11 B California Building Code. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 18. The construction plans must meet all applicable State Disabilities Access requirements. Wheelchair accessible path of travel to the area to the outdoor dining is required. Delineate a wheelchair accessible seat in the outdoor dining area. The gate accessing the outdoor dining area shall swing out or be locked. 19. The quantity of plumbing fixtures in restroom must be justified for the increase in customer capacity, as determined by the Building Division. Public Works 20. The applicant shall obtain an Annual Outside Dining Encroachment Permit from the Public Works Department and pay all applicable fees for the proposed outdoor dining area. 21. Prior to issuance of building or encroachment permits, the applicant shall obtain City Council authorization to waive City Council Policy L-21 as it pertains to specific component of the outdoor dining area. 07-22-2014 29 V� QP �P �o Attachment No. PC 2 Use Permit No. 1778 (as amended) and Outdoor Dining Permit No. 17 21 V� QP �P I SEW PO ° CITY OF NEWPORT BEACH U = P.O. BOX 1768,NEWPORT BEACH, CA 92658-8915 C9�1Fp RNP _ PLANNING DEPARTMENT(714)644-3200 OUTDOOR DINING PERMIT 17 August 5, 1996 Holechek Food and Spirits,Inc. (Mark and Cindy Holechek, applicants) 2441 East Coast Highway Corona del Mar, CA 92625 Application No: 17 Applicant: Holechek Food and Spirits,Inc (Mark and Cindy Holechek,applicants) Address of Property Involved: 2441 East Coast Highway Legal Description: Lot 5 and 6,Block B of Tract No.470 Establishment of an accessory outdoor dining use in conjunction with an adjacent full service restaurant specializing in American-Italian Fare, on property located in the RSC District. The Planning Department on August 5. 1996approved the application subject to the following conditions: Standard Conditions: I. That development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. 2. That the accessory outdoor dining shall be used in conjunction with the related adjacent food establishment and shall be limited to 25 percent of the indoor net public area (397± sq.ft maximum),unless a use permit is obtained from the Planning Commission 3. That the seating provided outdoors shall be limited to the area as delineated on the approved site plan only. 4. That trash receptacles for patrons shall be conveniently located outside of the related food service facility to serve the accessory outdoor dining area. 3300 Newport Boulevard, Newport Beach 23 Y Page- 2 5. That no outside paging system shall be utilized in conjunction with this outdoor dining establishment. 6. That this approval is non-uwderable by the permittee or property owner, and should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company,that this approval does not transfer and that a new application must be approved by the Planning Department. 7. That the Planning Department may add to or modify conditions of approval to this outdoor dining permit, or recommend to the Planning Commission or City Council the revocation of this permit upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peau morals, comfort, or general welfare of the community. Special Conditions: 8. That the hours of operation of the outdoor dining area is limited to between 5:00 p.m. and - 10:00 p.m, Monday through Thursday; and 5:00 p.m. to 11:00 p.m., Friday and Saturday. That any increase in the hours of operation shall be subject to the approval of an amendment to Outdoor Dining Permit No. 17(and may also require an amendment to Use Permit No. 1778). 9. That all applicable conditions of approval of Use Permit No. 1778 and 1778 (Amended) shall remain in force(copies attached). 10. That alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department)to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this Outdoor Dining Permit. 11. That should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. The Planning Department also reserves the right to further reduce the hours of operation of the outdoor dining area, if necessary. 12. That deliveries for the establishment shall be probibited between the hours of 10:00 p.m. and 8:00 a.m., daily. 24 Page- 3 13. That the loss of off-site parking spaces required as conditions of approval of Use Permit No. 1778 or 1778 (amended) shall be subject to the approval of a revised Off-Site Parking Agreement to replace the lost spaces. The Planning Department determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the outdoor dining permit as approved would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code,and made the following findings: 1. That the proposed outdoor dining is consistent with the Land Use Element of the General Plan and the Local Coastal Program, and is compatible with the surrounding land uses, based on the limited hours of operation (evenings only) of the restaurant and the father limited hours of operation of the outdoor dining area. 2. That the approval of Outdoor Dining Permit No. 17 will not,under the circumstances of this case,be detrimental to the health,safety,peace, morals,comfort,and general welfare of the City, since adequate provision has been made to protect the neighboring residential uses from noise impacts of the use. NOTE: This approval shall expire unless exercised within 24 months from the date of approval, and cannot be extended. PLANNING DEPARTMENT Javier S. Garcia,AICP Senior Planner attachments: City Council Action dated June 11, 1984 Excerpt of Planning Commission Minutes dated August 7, 1980. September22. 1983 and April 19. 198 cc: Robert Masterson 2424 South 130th Circle Omaha,NE 68144 25 •,w y City Council Maet.illg June '1.1,`1904 Agenda Item No. D-1 CITY OF NEWPORT BEACH T0: City Council FROM: Planning Department ;SUBJECT: Use Pe>.nnit No. 1771 (Amended) Public hearing and City Council review of an appeal by RANDALL It. JOHNSON, dba HEMINGWAY's, Corona del Mar, from the denial by the Planning Commission on April. 19, 1984, of USE PEIIMIT NO. 1778 AMRNDED, a request to amend the hours of operation of Hemingway's Restaurant to allow a lunch time operation and accept an off.-site parking agreement for additional required daytime restaurant parking. LOCATION: Lots flo. 5 and 6, Block U, Tract No. 470; Lots No. 7 and 9, Block 730, Corona del Mar, located at 2441 East Coast Highway, on the southwesterly corner of East Coast Highway and Carnation Avenue (i.e. , restaurant site) ; and the northerly side of East Coast Highway, between MacArthur Boulevard and Newport Center Drive (i.e. , off-site parking site) , in Corona del Mar. ZONE: C-1 APPLICANT: Randall 11. Johnson, dba Hemingway's Corona del Mar OWNER: James B. Wood, Corona del Mar APPELLANT: Same as Applicant. Suggested Action Hold hearing; close hearing; if desired, sustain, modify or overrule thv decision of the Planning Commission. Background At its meeting of April 19, 1984, the Planning Commission voted (4 Ayes, 1 No, 1 Abstain, 1 Absent) to deny Use Permit No. 1778 (Amended) with the Findings as follows: FINDINGS: 1. That inadequate parking facilities currently exist on the subject property for a lunch time operation in Hemingway's Restaurant during the week. 2. The off-site parking area is not located so as to be useful to the pro- posed restaurant use inasmuch as it is 1100± ft. from the restaurant and, TOe City Council 2. further, based upon the fact that said off-site parking area has not been regularly utilized by employees and patrons' automobiles as previously required. 3. That the applicant has shown a disregard for previously-imposed Conditions of Approval. 4. That the proposal submitted in conjunction with the six-month review will not resolve the parking problems associated with the daytime use of the subject restaurant. 5. The approval of Use Permit No. 1778 (Amended) will, under the circum- stances of this case, be detrimental to the health, safety, peace, morals, comfort and general. welfare of persons residing and working in the neighborhood and the general welfare of the City. Staff originally bad recommended denial of Use Permit No. 1778 (Amended) permitting a lunch time operation at Hemingway's Restae.rant during the week, based upon staff's opinion that the off-site parking location was too far. (1100± ft. ) from the subject restaurant facility, and that routing valets through the residential streets would adversely affect the residents of t(w area. Original Approval of Daytime Hours At its meeting of September 22, 1983, the Planning Commission approved Ilan Permit No. 1778 (Amended) , which changed the subject restaurant's hours ot, operation so as to permit a lunch time operation during the week, and the acceptance of an off-site parking agreement. The Findings made and Condition, of Approval imposed in conjunction with this request are set forth in the attached excerpt from the minutes of the Planning Commission meeting of September 22, 3.983. The background and details of this project were discussed in the Planning Commission staff report dated August 4, 1983, which is also attached for Council review. Subsequently, at its meeting of November 14, 1983, the City Council authorized the Mayor and City Clerk to execute an off-site parking agreement W i Randall E H. Johnson of Hemingway's Restaurant and Serafino J. Porto of the "Flower Man." The daytime operation began shortly thereafter. Condition of Approval No. 8 required Planning Commission review of the subject- amended use permit after six months. At its meeting of March 22, 3984, the Planning Commission was to consider the six month review of the subject use permit as required by Condition No. B. However, at the Planning Commission meeting of March 22, 1984, the applicant requested that this review be continued to the Planning Commission meeting of April 5, 1984 due to the lateness of the hour. Subsequently the applicant requested an additional continuance to the Planning Commission meeting of April 3.9, 1984 so as to review the valet operation and route in conjunction w?th the restaurant and adjoining commercial uses with the City Traffic Engineer. The approved plans required that the valets park restaurant patrons' vehicles to the rear of. the "Flower Man" facility. In addition, all employees wera required to park on the off-site parking lot. 27 Tor city Council 3. Staff observed the operation at the subject restaurant site on March 7 and March 9 of this year during the lunch time hours. During the period between 1100 a.m. and 1 :00 p.m. on both days, not one vehicle of the r..nployees or patrons was parked on the off-site parking lot. Further, vehicles were being parked by the valets in the parking garage of the building at 2421 East Coast Highway, northerly of the restaurant site. (The applicant has an approved off-site parking agreement for ten parking spaces at this location after 5-00 pon. during the week and all day on weekends. However, all of the twelve on- site spaces are required for the carpet store until 5:00 p.m. during the week.) Patrons' vehicles had been parked on the lot to the rear of the subject restau- rant, and as parking spaces became available on Carnation Avenue, vehicles were moved on the street by the valets, thereby making room for another car on the lot.. Subsequent to the inspection of the site by staff in March, the applicant has indicated that he has made a concerted effort to rectify the parking problems of the restaurant use during daytime hours. The valet system currently in effect , according to the applicant's letter of April 1, 1984 (attached to the Planning Commission staff report) , utilizes all on-site ane off-site parking spaces for all tenants and patrons of the Unique Building, including Haminqway's Restaurant. This plan works for all of the tenants and patrons except for those who choose riot to use the valet service. This means that the patrons riot using the valet service are precluded from using the on-sltp parking lot and must therefore park oil the street. The details of the valet system are prcvided in the Planning Commission staff report. The applicant's letter of March 22, 1984 also states that all employee cars Ar(, now being parking on the off-site lot. A recent observation by staff indicated that several automobiles were stored on the subject off-site parking lot prior to the restaurant lunch time operation, and so it appears that this Conditicn is now being met. Planning Commission Concerns A majority of the Planning Commissioners made the determination that the off-site parking lot was not useful to the restaurant use, based upon the fact that said off-site parking lot had not been regularly utilized by employees and patrons ' automobiles as previously required. Furthermore, the applicant had shown a disregard for the previously-approved Conditions of Approval . The Planning Commission and the C.ity Council rely upon staff to enforce the Conditions of Approval imposed in conjunction with the granting of discretion- ary applications. Staff has neither the time nor the manpower necessary to observe the various businesses throughout the City to insure continued compli- ance with the required Conditions of Approval. Respectfully submitted, PLANNING DEPARTMENT ,JAMES D. HEWICKER, Director Attachments for Council Only-, NY Ag Excerpt PIC Minutes 4/19/84 WILLIAM R. LAYCOCK Lq P/C Staff Report & Attachments Current Planning Administrator 4/19/84 Plot Plan, Floor Plan and WRL/,kk Parking Lot Plan of Subject Property & Adjoining Prop- erties 22 �� 1n V r FINAL FINDINGS AND CONDITIONS AS APPROVED BY THE CITY COUNCIL ON JUNE 11, 1984 RXHIDIT "D" FINDINGS AND CONDITIONS OF APPROVAL USE PERMIT No. 1778 (AMENDED) AND OFF-SITE PARKING AGREEMENT FINDINGS: 1. That the proposed development is consistent, with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The off-site parking area is located so as to be useful to the proposed restaurant use. 4. Parking on such off-site lot will not create undue traffic hazards in the surrounding area. 5. That the applicant has entered into an appropriate lease for the off-site parking spaces, which is of sufficient duration for the proposed development. 6. The approval of Use Permit No. 1778 (Amended) will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 7. The proposed use of a valet parking service will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the n^ighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of the Municipal Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan and floor plan. i 2. That the approved off-site parking agreement shall be recorded in the County Recorder's office, guaranteeing that a minimum of thirty two parking spaces shall be provided for the duration of the proposed use on property located at 2166 East Coast Highway. 3. That the valet parking service be provided from 9:00 a.m. until the restaurant closes at 12:00 midnight. �9 ,,. leh.t�lq�j\,:1�[��'�f«�1fhY 1.b�fe'��1J�E4e�'�-517/'7�'11^V1fDlaf�'f�vJ�.� Il�r�,iV SS�ii l�'��4�1 wt t t --1: ♦ `.�[t 1 3..'F 3 - , FINDINGS AND"CONANs or.APPROVAL USE PERMIT NO. 1778 (Amended) Page 2 4. That all previously approved applicable Conditions of Use Permit No. 1778 (Amended) shall remain in effect. 5. That the daytime hours of the restaurant facility shall be from 11:00 a.m. to 3:00 p.m. daily. 6. That all employees and long-term parkers of the subject building, shall park on the off-site parking lot located north of Pacific Coast Highway. 7. That the City Council shall review this request at the end of six months. 8. That all signs on the premises shall be in conformance with Chapter 20.06 of the Newport Beach Municipal Code, 9. That the Planning Commission and the City Council may add and/or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit, causes injury, or is detrimental to the health, safety or welfare of the community. 10. That the applicant may continue to use the off-site parking lot at 2421 East Coast Highway, so long as there is no change in the use, or intensity of use in the building. Any change in the use of the building could result in an earlier review period by the city Counil. 11. That at such time as the municipally-owned parking lot commences operation in the vicinity of the restaurant, the applicant shall provide a portion of the required parking at the municipal lot. The number of spaces to be provided shall be determined by the City Council when the subject Use Permit is reviewed by the Council. 30 Attachment No. PC 3 Off-Site Parking Locations 31 V� QP �P V,�.-�l. . a i y � i /✓ /r '� _ \ J moi' +�✓� I /�/ �T'� � ,r,✓ 2101 E. Coast Hwy "` �! 35 leased spaces d z AF .e o 7N f Y. P 8 on-sites aces .Y p lC'"0SZ•f $� Y 1. T �W V f� �` � � 12 spaces INA Y P 2 in-lieu spaces VN Js Park 11MEM®RW ` 33 V� QP �P 31{ Attachment No. PC 3 Site Photos and Project Plans 35 V� QP �P 3C PA2016-083 to 3' t 7t d 7 PA2016-083 SUNGA L® W -----------f i f i 1 PA2016-083 41 t lfi EEO I ri irJ ' J I 'pI (01-1011 st� I i � t i t of I , b n l ,, C��' QP �� ,P �� P�. O� �� 40 MRS � � Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - JUNE 9, 2016 PLANNING COMMISSION—JUNE 9, 2016 ITEM NO. 3a:ADDITIONAL MATERIALS RECEIVED BUNGALOW RESTAURANT OUTDOOR DINING AND OFF-SITE PARKING (PA2016-080) From: Jill D. Williams [mailto:jwilliamsCalktgy.coml Sent: Sunday, June 05, 2016 12:23 PM To: City Clerk's Office Subject: Planning Commission June 9, 2016 agenda item no. 3 To: City of Newport Beach Planning Commission From: Joe and Jill Williams - 500 Dahlia Ave, Corona Del Mar Agenda Item No. 3 SUBJECT: Bungalow Restaurant Outdoor Dining and Off-Site Parking (PA2016-080) 2441 East Coast Highway Chair Kramer and Commissioners: Please accept this letter in support of the Use Permit to create the outdoor dining along PCH. We live nearby and frequently walk along this area of PCH to dining and shopping . We are enjoying the new street enhancements of low walls, trees and plantings.They are a great improvement in such a visible area of CDM. Now that this larger hardscape area exists at the front of the Bungalow, we look forward to seeing it activated by outdoor dining. The staff report and drawings show that there is space to have a wide public walking area as well as dining. The added vitality to this stretch of PCH is very desirable. We look forward to the continued improvements by the City and the local businesses to make this an even more desirable neighborhood. Sincerely, Joe and Jill Williams i Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - JUNE 9, 2016 PLANNING COMMISSION—JUNE 9, 2016 ITEM NO. 3b:ADDITIONAL MATERIALS RECEIVED BUNGALOW RESTAURANT OUTDOOR DINING AND OFF-SITE PARKING (PA2016-080) From: Wisneski, Brenda Sent: Monday, June 06, 2016 10:36 AM To: 'Leslie Daigle' Cc: Biddle, Jennifer Subject: RE: ZA hearing on Bungalow Thank you, Leslie. We will distribute the new, expanded version to the Planning Commission. From: Leslie Daigle fmailto:lesliejdaigle(alaol.coml Sent: Monday, June 06, 2016 10:31 AM To: Wisneski, Brenda Cc: Biddle, Jennifer Subject: Re: ZA hearing on Bungalow Brenda, I wish to expand on (revise or replace my earlier comment). Thanks for your consideration. Leslie "Hi Brenda, My comments for the record on the ZA hearing for the Bungalow to expand its seating on to public property. I read the public notice in the newspaper. I raise the issue of a conflict of interest for a CdM and Restaurant Association BID member/officer and a part owner operator(Jim Walker)of the applicant to advocate for a public improvement and participate in the allocation of BID funds for a public improvement(expanded sidewalk space at PCH and MacArthur in exchange for decreased street space) when Walker is part owner/operator of the Bungalow restaurant and is now seeking a permit for the use of public property that will yield private profit for a business he owns/operates, in part. The City Attorney's office should research Walkers' participation in the allocation of funds for the improvement project and make a determination regarding conflict. The zoning issue is whether it is prudent to take space from the street(parking and merging of vehicles) in exchange for increased public space on the sidewalk for the public and THEN turn a portion of this publicly funded improvement for the use and profit of a private operator. In other words, the public street is essentially being taken for private use and profit. The public is now deprived of space (the sidewalk) it paid for in a transfer of uses. Leslie Daigle Newport Beach" -----Original Message---- From:Wisneski, Brenda <BWisneski(a)newportbeachca.gov> To: 'Leslie Daigle' <IeslieidaigleaaoLcom> Cc: Biddle, Jennifer<JBiddleenewportbeachca.gov> Sent: Mon, Jun 6, 2016 8:58 am Subject: RE: ZA hearing on Bungalow Thanks Leslie. Your comment will be added to the public record and distributed to the Planning Commission for their consideration. 1 Brenda -----Original Message----- From: Leslie Daiglefmailto:leslieidaigle()aol.coml Sent: Monday, June 06, 2016 8:38 AM To: Wisneski, Brenda Subject: ZA hearing on Bungalow Hi Brenda, My comments for the record on the ZA hearing for Bungalow. I read the public notice in the newspaper. It's a conflict of interest for a BID membe/officer to advocate for a public improvement (expanded sidewalk at PCH and MacArthur) in his capacity as a BID officer and then in turn receive a private benefit(permission to expand seating)from the public improvement. The sidewalk expansion used funds from both the BiD and General Fund. Leslie Daigle Newport Beach, CA z Planning Commission - June 9, 2016 �WPItem No. 3c Additional Materials Received Bungalow Restaurant Outdoor Dining and Off-Site Parking Use Permit (PA2016-083) COMMUNITY DEV '4ENT DEPARTMENT _ f n 100 Civic Center Drive Newport Beach,California 92660 949 644-3200 C,�/FOaN�P newportbeachca.gov/communitydevelopment Memorandum To: Planning Commissioners From: Brenda Wisneski, Deputy Community Development Director Date: June 6, 2016 Re: PC Item # 3 —Additional Material Attached is a revised draft resolution which reflects comments from the Police Department and City Attorney's office. The Newport Beach Police Department memo is also attached which includes statistical data and recommendations for conditions of approval. Since the existing Use Permit was last amended in 1984, the draft resolution has been amended to include additional conditions which are commonly applied today. Conditions which have not been included are either already reflected in the draft resolution or are more appropriate for the Operators License, as handwritten notes on the memo indicate. Attachments: 1. Revised Draft Resolution 2. NBPD Memo, dated June 1, 2016 Community Development Department Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received Bungalow Restaurant Outdoor Dining and Off-Site Parking Use Permit (PA2016-083) RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2016-020 TO ESTABLISH AN OUTDOOR DINING AND OFF- SITE PARKING ASSOCIATED WITH AN EXISTING RESTAURANT (BUNGALOW RESTAURANT) AT 2441 EAST COAST HIGHWAY (PA2016-083) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Louie Feinstein, with respect to property located at 2441 East Coast Highway, and legally described as Tract 470 Lot 9 Block 730 requesting to establish an outdoor dining area and off-site dining associated with an existing restaurant. 2. The applicant proposes to construct a 266 square foot outdoor dining area to be located along the front of the structure on East Coast Highway. The proposed area would be located within the public right-of-way and requires an additional six parking spaces. The applicant proposes to locate the additional six parking spaces at 2101 East Coast Highway. 3. The subject property is located within the Commercial Corridor Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. On June 11, 1984, the City Council approved an amendment to Use Permit No. 1778 to expand the operating hours of an existing restaurant and allow off-site parking. On August 5, 1996, Outdoor Dining Permit No. 17 was issued establishing an outdoor dining area at the rear of the building. Conditions of approval were established to minimize potential impacts from the restaurant operations to the neighborhood. Use Permit No. 1778, as amended, and Outdoor Dining Permit No. 17 and their related conditions of approval shall remain in effect. 6. A public hearing was held on June 9, 2016 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received Bungalow Restaurant Outdoor 6-083) Page 2 of 9 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 2441 East Coast Highway. SECTION 3. REQUIRED FINDINGS FOR CONDITIONAL USE PERMIT. The outdoor dining area is a change to the operational characteristics of the restaurant, therefore, a conditional use permit is required. A conditional use permit is also required to allow for off-site parking. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The subject property is designated by the General Plan as Corridor Commercial (CC). The proposed project is consistent with the CC land use category, which is intended to provide for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The subject property is located in the Commercial Corridor Zoning district. Eating and drinking establishments are permitted within this district subject to the approval of a use permit. 2. The outdoor dining area is proposed to be approximately 266 square feet in size which requires additional parking per Chapter 20.40.040 (Off-Street Parking Spaces Required) of the Municipal Code. The existing establishment offers outdoor dining at the rear of the structure. Therefore, additional parking is required for the proposed outdoor dining because the cumulative outdoor square footage exceeds 25 percent of the interior net public area square footage. 07-22-2014 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received Bungalow Restaurant Outdoor 6-083) Page 3 of 9 3. Off-site parking is an activity which is conditionally permitted. It provides flexibility for uses to meet their parking requirements within a built commercial area with limited on-site parking. Findin : C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. The proposed eating area is located along East Coast Highway, an active commercial with high pedestrian use. Outdoor dining areas are encouraged in that they create a pedestrian-oriented environment and contribute to the vibrancy of the area. 2. The subject dining area is limited to 266 square feet and extends 8-feet from the building edge. The sidewalk would be maintained at seven-feet which is adequate to accommodate pedestrian passage. 3. The hours of the outdoor dining area would be from 11:30 a.m. to 11:00 p.m., daily. 4. The internal operations of the restaurant will not be modified. 5. The off-site parking facility is located within an existing multi-tenant commercial building located at 2101 East Coast Highway. The site contains 233 parking spaces. Excess parking is available to lease 35 spaces to the subject restaurant. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding: 1. Establishment of the outdoor dining area will have no effect on the ability for public and emergency vehicle access and public services and utilities, as the improvements are limited to a 266 square foot eating area and do not encroach into the roadway. 2. The off-site parking facility is located in an existing multi-tenant commercial building. A portion of the parking area is subterranean. 07-22-2014 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received Bungalow Restaurant Outdoor 6-083) Page 4of9 Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger,jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project includes conditions of approval to ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible. The outdoor dining area is located along East Coast Highway, a highly traveled commercial corridor. Residential uses located along Carnation Avenue are separated from the outdoor dining area by the existing restaurant. Therefore, potential noise generated by the seating area will be blocked by the structure and likely will not exceed ambient noise levels created by the roadway. 2. The off-site parking facility is located within an existing multi-tenant commercial building. The restaurant currently utilizes the site for parking and no issues have been identified. SECTION 4. ADDITIONAL FINDINGS FOR OFF-SITE PARKING In accordance with Section 20.40.100.13 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The parking facility is located within a convenient distance to the use it is intended to serve; Facts in Support of Finding: 1. The parking facility is located at 2101 East Coast Highway and is approximately 900 feet, or three blocks, from the project site. The restaurant currently utilizes the site for off-site parking for their employees or valet service, therefore it has been demonstrated that it is appropriately located. Finding: B. On-street parking is not being counted towards meeting parking requirements; 1. While on-street parking and a municipal parking lot (4th Avenue and Dahlia Avenue) is located in proximity of the restaurant, these spaces are not being counted towards meeting the parking requirements of the business. 07-22-2014 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received Bungalow Restaurant Outdoor 6-083) Page 5 of 9 Finding: C. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and 1. The restaurant has leased 35 parking spaces at the off-site parking facility at 2101 East Coast Highway. Historically, they leased 20 parking spaces at this location. No traffic hazards have occurred as a result of this activity. Therefore, the increase in off-site spaces is not anticipated to create hazards either. Finding: D. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. 1. An executed lease agreement between the subject off-site parking location and restaurant owner has been submitted stating the availability of 35 parking spaces through May 31, 2021, with an option for a five year extension. Approval of the outdoor dining is contingent upon the availability of the off-site parking. A condition of approval requires that the applicant notify the Community Development Director if the lease is canceled so that alternative parking may be established or the outdoor dining be removed. SECTION 5. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby ^Arnmen`ts the Gity SeHaeii approves Use Permit UP2016-020, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Use PePpRit Ne „'n as aFR8Rded, shall hesnme n-JI and . o-od as a rps,Jt of this ^^4inn 2. This action shall become final and effective 14 days following the date this Resolution was adopted 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 9th DAY OF JUNE, 2016. AYES: NOES: ABSTAIN: ABSENT: 07-22-2014 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received Bungalow Restaurant Outdoor 6-083) Page 6 of 9 BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 07-22-2014 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received Bungalow Restaurant Outdoor 6-083) Page 7 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-020 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 9. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 10. No exterior amplified music, sound system, outside paging system shall be utilized in conjunction with the outdoor dining area. 07-22-2014 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received Bungalow Restaurant Outdoor 6-083) Page 8 of 10 11. 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. 12. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Bungalow Outdoor Dining Use Permit including, but not limited to, the Use Permit UP2016-020. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 14. The hours of the outdoor dining area shall be from 11:00 a.m. (9:00 a.m. weekends or holidays) to 10:00 p.m., daily. 15. A parking agreement, approved by the City Attorney and Community Development Director, shall guarantee the long term availability of six parking spaces at 2101 East Coast Highway. The applicant shall notify the Community Development Director immediately if access to these spaces change. If the parking agreement is terminated the Community Development Director shall establish a reasonable time for the applicant to identify substitute parking or the outdoor dining area may be eliminated or reduced in size. 16. There shall be no dancing or live entertainment allowed on the premises. 4-5-.17. All employees shall park at the off-site parking facilitV located at 2101 East Coast Highway. Police Department 18. Prior to occupying the outdoor dining area, the applicant shall obtain an Operator's License from the Newport Beach Police Department. A security plan detailing the 07-22-2014 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received Bungalow Restaurant Outdoor 6-083) Page 9 of 10 restaurant's standard operating procedures for addressing security issues will be required prior to issuance of the Operator's License. 19. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for the selling of 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. 20. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 21. The quarterly gross sale of alcoholic beverages shall not exceed the gross sales of the food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less fre quently than on a quarterly basis and shall be made available to the Police department on demand. Building Division 422. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with Chapter 11 B California Building Code. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 423. The construction plans must meet all applicable State Disabilities Access requirements. Wheelchair accessible path of travel to the area to the outdoor dining is required. Delineate a wheelchair accessible seat in the outdoor dining area. The gate accessing the outdoor dining area shall swing out or be locked. 4-8:24. The quantity of plumbing fixtures in restroom must be justified for the increase in customer capacity, as determined by the Building Division. Public Works 4$25. The applicant shall obtain an Annual Sidewalk GlAside Dh*g Cafe License Encroachment Permit from the Public Works Department and pay all applicable fees for the proposed outdoor dining area. 2&26. Prior to issuance of building or encroachment permits, the applicant shall obtain City Council authorization to waive City Council Policy L-21 as it pertains to specific component of the outdoor dining area. 07-22-2014 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received 40 Bungalow Restaurant Outdoor Dining and Off-Site Parking Use Permit (PA2016-083) NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: Brenda Wisneskl, Deputy Community Development Director FROM: Wendy Joe, Police Civilian Investigator DATE: June 1, 2016 SUBJECT: The Bungalow Outdoor Dining 2441 East Coast Highway Use Permit No. UP2016-020 (PA2016-083) Operator License No. OL2016-005 At your request, the Police Department has reviewed the project application for The Bunglaow, located at 2441 East Coast Highway, Corona del Mar. Per the project description, the applicant is applying for an amendment to allow a 266-square foot outdoor dining area on Coast Highway. The restaurant's hours are 11:00 a.m. to 3:00 p.m. and 5:00 p.m. to 12:00 midnight, daily. The applicant is requesting the outdoor patio be open from 11:30 a.m, to 11:00 p.m. Should the conditional use permit be amended, an Operator License will be required per the municipal code. The applicant maintains a Type 47 (On-Sale General - Eating Place) Alcohol Beverage Control license. Statistical Crime Data Attached is a report compiled by Newport Beach Police Department Crime Analyst Caroline Staub, which provides detailed statistical information related to calls for service in and around the applicant's current place of business at 2441 East Coast Highway. The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 44 which encompasses the Village of Corona Del Mar. Of the City's 38 Reporting Districts, RD 44 ranks 5th for reported crimes with a total number of 298 reported crimes. This location meets the legal criteria for undue concentration. + in 2015, RD 44 had a total of 298 reported crimes, 83% over the city-wide average + In 2015, officers made 166 arrests in RD 44 • In 2015, 37% of arrests in RD 44 are directly related to alcohol Over-Saturation The applicant premise is located within census tract 0627.01. This census tract is extends from East Coast Highway to the Pacific Ocean, and from Jamboree to Goldenrod Avenue, roughly Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received The Bungalow Bungalow Restaurant Outdoor Dining and Off-Site Parking Use Permit (PA2016-083) UP2016-020 half of the Corona del Mar Village. It has an approximate population of 2,817 with 18 active ABC licenses. That is a per capita ratio of 1 license for every 157 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's per capita ratio of 1 license for every 505 residents. This location meets the legal criteria for undue concentration. When comparing the entire Village (RD 44), we find undue concentration still exists. • RD 44 has 33 on-sale and 8 off-sale active retail ABC licenses • RD 44 is over saturated with a total per capita ratio of 1 license for every 132 residents Comments and Recommendations The attached statistics sheet provided indicates 8 police calls for service were made to the applicant address in 2015. After reviewing each call, it is important to note that no calls were a result of over-service of alcohol or neglect in responsibility by the applicant. Should the conditional use permit be amended, an Operator License will be required per the municipal code. A security plan will be required as an addendum to the License. As part of the security plan, the Police Department will request the applicant install security cameras with a one-month recording retention, to be made available to the Police Department upon request. The Police Department recommends City Staff and the Planning Commission evaluate the following recommendations: • If this project is approved, the Police Department suggests no exterior amplified music or loudspeaker of any kind be used on the patio. Given the proximity to homes in the neighborhood, we recommend the outdoor patio be closed by 10:00 p.m. daily. Proper signs indicating, "No Alcohol Beyond this Point" should be displayed, and a 42" barrier should be constructed around the patio perimeter. • The Police Department requests a condition be added that requires all employees serving alcoholic beverages complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Records of such training shall be maintained and made available to the police department upon request. • In Newport Beach, 70% of all Driving Under the Influence arrests occur between the late night hours of 10:00 p.m. and 5:00 a.m. The Police Department requests a condition be O� added prohibiting reduced alcoholic beverage prices after 9:00 p.m. Although The Bungalow does not currently advertise a late night happy hour, we highly recommend this condition be added given the use permit will run with the land. CONDITIONS OF APPROVAL The Conditional Use Permit for 2441 East Coast Hwy has not been updated since 1983. The Police Department sees this as an opportunity to bring this use permit current with conditions commonly imposed by today's standards. . The approval is for the operation of The Bungalow, a food service, eating and drinking sVlU/ establishment with late hours, outdoor dining, and on-sale alcoholic beverage service. 2 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received The Bungalow Bungalow Restaurant Outdoor Dining and Off-Site Parking Use Permit (PA2016-083) UP2016-020 The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On-Sale General) Alcoholic Beverage Control License in conjunction with the restaurant as the principal use of the facility. 11� 2. The hours of operation for the outdoor dining patio shall be limited between 11:00 a.m. to 10:00 p.m. daily. 3. There shall be no dancing allowed on the premises. /na✓ 4. 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. 5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. ® No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. V Y� 7. Petitioner shall not share any profits or pay any percentage or commission to a promoter Q V or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. QLB. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 9. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 10. A Special Event Permit is required for any event or promotional activity outside the pnormal operational characteristics of this restaurant business that would attract large l crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 11. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of 1 food during the same period. The licensee shall at all times maintain records, which !� reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 1` 12. 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, and debris from the 3 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received The Bungalow Bungalow Restaurant Outdoor Dining and Off-Site Parking Use Permit (PA2016-083) UP2016-020 premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 13. 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 which are clearly visible to the exterior shall constitute a violation of this condition. f �14. Strict adherence to maximum occupancy limit is required. 15. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949) 644-3705 or wjoe@nbpd.org. endy 11 Investigator, Special Investigations Y ( W L Brad Miller Sergeant, Special Investigations L .C ICA-\ Jay Short Lieutenant, Detective Division David W. McGill Deputy Chief 4 Planning Commission - June 9, 2016 Item No. 3c Additional Materials Received "slow aura oo ng;an i e ermit (PA20$,6-083) o �� 4 i O in OMS E R s O C wig W e p w N C C C • ® of m � a °°' v z'y L � L y, f N _ a ir! O N e-1 a ® p ya d OR t W Tj 4 p Q m N 5�p g 0 C W O a @b ® b C a w b v a m 'an m ro c o U Z m N P90. V - E a" a s ti o 00 Ix a « 4 w ® C4 Q c c ` O E o L Q® tl a ,. w `j y V E as E_ u w a vi q m W N ONTO N W b 0 M yCn� LC c w uLi y m A b w 9 b N H tj > N L :b N ` t: m a p SI V ed °' ry O o _ ,C � 4 •O 'O +�,t ^moi O W got, � mV1 . Planning Commission - June $ 202 Item No. aAdditional Materials Received Bungalow Restaurant Otd = Dining and Off-Site s+m Use Permit (PA201$06) Planning Commission - June 9, 2016 �WpItem No. 3d Additional Materials Received Bungalow Restaurant Outdoor Dining and Off-Site Parking Use Permit (PA2016-083) ,�iUNITY DEVt ARTMENT Newport Beach,California 92660 949 644-3200 C,�/FOaN�P newponbeachca.gov/communitydevelopment Memorandum To: Planning Commissioners From: Brenda Wisneski, Deputy Community Development Director Date: June 7, 2016 Re: PC Item # 2, 3 and 4 —Application Summary Hearing items 2, 3 and 4 are very similar in that they request approval of outdoor dining. The attached table summarizes each application to facilitate your review. Attachments: 1. Application Summary Community Development Department Planning Commission - June 9, 2016 Item No. 3d Additional Materials Received Bungalow Restaurant Outdoor Dining and Off-Site Parking Use Permit (PA2016-083) Previous Approvals Existing Sq. Existing Hours Outdoor Dining Sidewalk Other Footage Width Avilla's UP2010-025 2,099 sq.ft. net public 10am to 12am 460 sq.ft. 6-to 8- Request to PA2016-080 Type 47 area Fri/Sat to 12:30 am Bronze iron fence feet Open gam Live Entertainment 42-inches in height Off-site Parking Parking Waiver 9am to 10 m, daily Bungalow UP1778 (Issued 1984) 1,596 sq.ft. net public 9am to 12am 266 sq.ft. 7-feet Six PA2016-083 Outdoor Dining Permit area weekends Black wrought iron additional (Issued 1996) 399 sq.ft. outdoor fence 42-inches in off-site Type 47 dining in rear Lunch and Spm to height parking Valet Service 12am weekdays Ilam to 10pm, daily spaces Off-site parking (9am on weekends or 2 in-lieu parking spaces Outdoor Dining — holidays) Mon to Thu 10pm Fri/Sat 11 pm Rothschild's UP1851A (Issued 2000) 839 sq.ft. of net 10am to 12:30am; 210 sq.ft. 7-feet PA2016-088 Type 47 public area daily Portion to be on raised Tandem On-site Parking terrace Valet Service Black wrought iron to match existing 10am to 10 m, daily Tmplt:-02/05/15 Planning Commission - June 9, 2016 Item No. 3e Additional Materials Received Bungalow Restaurant Outdoor Dining and Off-Site Parking Use Permit (PA2016-083) Subject: FW: PA2016-080, PA2016-083, and PA2016-088 Attachments: Planning Commission 060916.pdf From: Edith Christensen [mailto:echristensenebestlife.com] Sent: Thursday, June 09, 2016 11:50 AM To: Kramer, Kory; Brown, Tim; Koetting, Peter; Hillgren, Bradley; Lawler, Ray; Weigand, Erik; Zak, Peter Cc: Wisneski, Brenda Subject: PA2016-080, PA2016-083, and PA2016-088 Please see attached letter regarding the above Notice of Public Hearing. Edith M. Christensen Assistant to Donald R. Lawrenz BEST►'!i Life' 8MuM&MdW*hC 17701 Mitchell North I Irvine, CA. 92614-6028 Phone: 949.222.2102 Fax: 949.724.1950 echristensenCa)bestlife.com I www.bestlife.com 9113 In G L•J7 3r;' 1 Planning Commission - June 9, 2016 Item No. 3e Additional Materials Received PENSION A®MNAlMTRAT0RSipirIN00ff-Site Parking Use Permit (PA2016-083) June 9, 2016 The City of Newport Beach Community Development Department Members of the Planning Commission 100 Civic Center Drive Newport Beach, CA 92625 Re: PA2016-080, PA2016-083, and PA2016-088 Dear Planning Commissioners: I am the owner of the properties located at 2435 East Coast Highway and 705 Carnation Avenue in Corona Del Mar. The location and impact to these properties would certainly demand a response from me. I am in receipt of the above referenced Notice of Public Hearing and have a few points to bring to your attention. First, let me state that I am not opposed to outdoor dining at any of these restaurant locations. However, as a longtime owner of the properties in this location I am disturbed that, other than this notification that was mailed on May 28`h,there was no outreach to me or any other of the property owners that will be impacted. Second, I have concerns that the three amendments to the restaurants' Conditional Use Permits have been bundled together and don't believe this has been done in the past. Third, the "approval of off-site parking" is of great concern to me and my property. Like most coastal towns parking is at a premium. With the added customers there will be the need for added parking. The tenants of 2435 East Coast Highway park their cars and their occasional guest in the parking lot set up at 705 Carnation Avenue. Without a detailed plan for "off-site" parking this will severely impact the tenants use and quiet enjoyment of the property. What provisions will the Planning Commission make to protect access to parking for my tenants? Will they pay for a security system that would include electronic fobs for the tenants? Will they pay for a security guard to police the parking lot from the time the restaurants open for business to the time they close? At this time I am opposed to the amendments to the Conditional Use Permits in its' current form. I request that this be continued at a later date. Sincerely, �JjDonald R. Lawrer. 17701 Mitchell North • Irvine, CA 92614-6028 • 949.253.4080 Cd pal 16 it a 1 Dini / e- •�+!1 f++,Ari �.t l � � � �, ' y, 14 i Planning Commission • : Use Permits Avila's EI Ranchito, Bungalow, Rothschild's ` June 9, zo16 , r Planning Commission - June 9, 2016 ting Ir 083) Introduction u C M P '9C/POIiNM1 ■ Use Permits to Allow Outdoor Dining y/ 1 4 t AM1 , 1d � 9` Rothschild's ;. Bungalow .� Avilla's EI Ranchito o 06/09/2016 Community Development Department - Planning Division 2 Planning Commission - June 9, 2016 ting 083) Background Sidewalk expansion, benches and landscaping Application Similarities : Existing Use Permits Seating area to front Coastal Highway Operator License Required from PD Encroachment Subject to Council Approval Use Permit "amendment" required Encroach Agreement to Council June 14 06/09/2os6 Community Development Department- Planning Division 3 Planning Commission - June 9, 2016 ting 083) Conditional Use Permit Neighborhood Compatibility Proximity to Residential Hours of Operation Parking No Additional Parking is <25% of interior net public area . Bungalow - 6 additional parking spaces required . No additional parking required forAvila's and Rothschild's o6/o9/20s6 Community Development Department- Planning Division 4 Planning Commission - June 9, 2016 ting 083) Avilla -'s El Ranchito `C94 UP2010.025 46o sq.ft. PA2o:i6-o8o Type47 Bronze iron fence z,ogg sq.ft. loam to izam 6-to 8- Request to Live Entertainment net public area Fri/Sat to zz:3o am 4z-inches in height Off-site Parking feet Open gam Parking Waiver gam to zopm,daily gam to 12am UP1778(Issued 1984) weekends 266 sq.ft. Outdoor Dining Permit Black wright iron fence Six ft 6 sq. . (Issued 1996) 1,59Lunch and Spm to 42-inches in height additional Type 47 net public area 12am weekdays 7-feet off-site Valet Service 399 sq.ft.outdoor llamtolopm,daily parking Off-site parking dining in rear Outdoor Dining—Mon (gam on weekends or spaces 2 in-lieu parking spaces to Thu lopm holidays) Fri/Sat 11pm 210 sq.ft. UP1851A(Issued 2000) Portion to be on raised Type 47 839 sq.ft. loam to 12:3oam; terrace 7-feet Tandem On-site Parking net public area daily Black wrought iron to Valet Service match existing loam to 1opm,daily o6/og/20z6 Community Development Department - Planning Division 5 Avilla -'s EI Ranchito it 8 61 3711 06/oq/2o16 Community DevelopmeTt Department - Planning Division 6 1 SS 1 I' �. Mh " . ri Avilla -'s EI Ranchito 'I -1 e FOR MEN!WOMEN' - -- - - - 11 1 . u�mu11auu1i1111111i Ililii uruuuuuu�Wi�jlilt' l lil1IiIIIIII14- Planning Commission - June 9, 2016 ting 083) t'F W PpQT F F Bungalow ui a C9CIFORN�P UP2010-025 2,ogg sq.ft. loam to 12am 46o sq.ft. 6-to 8- Requestto Type 47 net public area Fri/Sat to 12:3o am Bronze iron fence feet Open gam Live Entertainment 42-inches in height Off-site Parking Parking Waiver gam to iopm,daily Sam to 12am Bungalow UP1778(Issued 1984) 1,596 sq.ft. weekends 266 sq.ft. 7-feet Six PA2o16-083 Outdoor Dining Permit net public area Black wright iron fence additional (Issued 1996) Lunch and 5Pm to 42-inches in height off-site Type 47 399 sq.ft.outdoor 12am weekdays parking Valet Service dining in rear 11am to 1opm,daily spaces Off-site parking Outdoor Dining— (gam on weekends or 2 in-lieu parking spaces Mon to Thu lopm holidays) Fri/Sat 11pm UP1851A(Issued a000) 839 sq.ft. loam to 12:3oam; 210 sq.ft. 7-feet Type 47 net public area daily Portion to be on raised Tandem On-site Parking terrace Valet Service Black wrought iron to match existing loam to 1opm,daily Lo6/09/20:L6 Community Development Department - Planning Division 8 Planning Commission - June 9, 2016 ting 083) Bungalow �q< 06/09/2016 Community Development Department - Planning Division 9 �i i THE • ILLLUJ .. .. . . . . - - •1 . - .. . . so Planning Commission - June 9, 2016 ting 083) Bungalow Offmsite zioi E. Coast Hwy 35 leased spaces ; 4� - :� - a� t "-�, w y I �I ^� t. Existing Demand32 spaces ti I `� 8on-site spaces Outdoor Dining + 6 Spaces ~ space s 38 Spaces Required oR��s _ IN /��. ' 52 Spaces ProvidedIVOR '' z in-lieu spaces 9Q � 2 F 1 P ®®® O P 06/09/2016 Com Planning Commission - June 9, 2016 ting 083) SEW PpR Rothschild 's °mss a cqC/FORN�P UP2010-025 2,099 sq.ft. loam to 12am 46o sq.ft. 6-to 8- Request to Type 47 net public area Fri/Sat to 12:3o am Bronze iron fence feet Open gam Live Entertainment 42-inches in height Off-site Parking Parking Waiver gamto iopm,daily gam to 12am UP1778(Issued 1984) 1,596 sq.ft. weekends 266 sq.ft. 7-feet Six Outdoor Dining Permit net public area Black wright iron fence additional (Issued 1996) Lunch and 5Pm to 42-inches in height off-site Type 47 399 sq.ft.outdoor 12am weekdays parking Valet Service dining in rear 11am to 1opm,daily spaces Off-site parking Outdoor Dining— (gam on weekends or z in-lieu parking spaces Mon to Thu lopm holidays) Fri/Sat 11pm Rothschil UP1851A(Issued 2000) 839 sq.ft.of net public loam to 12:30am; 210 sq.ft. 7-feet PA2o16-o88 Type 47 area daily Portion to be on raised Tandem On-site Parking terrace Valet Service Black wrought iron to match existing loam to 1opm,daily o6/o9/20i6 Community Development Department - Planning Division 12 Planning Commission - June • 2016 083) Rothschild 's KA Ado ZZ _ ROTHSCHII i. •. •. Development •- p. 1 Planning Commission - June 9, 2016 ting 083) SEW Poa Recommendation 0 S a CqC/FORN�P UP2010-025 46o sq.ft. PA2o:i6-o8o Type47 Bronze iron fence Live Entertainment 2,099 sq.ft. loam to lzam 42-inches in height 6-to 8- Requestto Off-site Parking net public area Fri/Sat to 12:3o am feet Open garrr Parking Waiver gam to iopm,daily gam to 12am BungalowUP1778(Issued 1984) weekends 266 sq.ft. Outdoor Dining Permit Black wright iron fence Six (Issued 1996) 1,596 sq.ft. Lunch and 5Pm to 42-inches in height additional Type net public area 12am weekdays Y47 399 sq.ft.outdoor y 7-feet off-site Valet Service 11am to 1opm,daily parking Off-site parking dining in rear Outdoor Dining— (gam on weekends or spaces z in-lieu parking spaces Mon to Thu lopm holidays) Fri/Sat 11pm 210 sq.ft. UP1851A(Issued 2000) Portion to be on raised .:: Type 47 839 sq.ft. loam to 12:3oam; terrace Tandem On-site Parking net public area daily Black wrought iron to 7-feet Valet Service match existing loam to 1opm,daily o6/og/20z6 Community Development Department - Planning Division 14 Planning Commission - June 9, 2016 ting 083) Recommendation a a.C'dt/FORNP Adopt Resolution approving Use Permit UP2016 -o1g (Avila 's Outdoor Dining ) Adopt Resolution approving Use Permit UP2o16 - 020 ( Bungalow's Outdoor Dining & Off- site Parking ) ■ Adopt Resolution approving Use Permit UP2016 -023 ( Rothschild 's Outdoor Dining ) o6/og/20i6 Community Development Department - Planning Division 15 i w a ti 4