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RESOLUTION NO. PC2020-021 <br /> <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, APPROVING <br />CONDITIONAL USE PERMIT NO. UP2017-034 AND COASTAL <br />DEVELOPMENT PERMIT NO. CD2019-054 TO ALLOW THE <br />CONTINUATION OF HISTORICAL PARKING WAIVERS, MODIFY <br />HOURS OF OPERATION, REMOVE RESTRICTIONS <br />REGARDING ALLOWABLE NET PUBLIC AREA DURING THE <br />DAYTIME, AND MERGE WITH ADJACENT RESTAURANT <br />SPACE AT THE PROPERTY LOCATED AT 110 AND 114 <br />MCFADDEN PLACE (PA2017-255) <br /> <br />THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS <br />FOLLOWS: <br /> <br />SECTION 1. STATEMENT OF FACTS. <br /> <br />1. An application was filed by Baja Sharkeez (“Applicant”) and Michael Fazzi (“Owner”) with <br />respect to property located at 110 and 114 McFadden Square, and legally described as <br />Parcel 1 of Block 128 of Resubdivision 493 (respectively referred to as “110 McFadden” <br />and “114 McFadden” and collectively referred to as “Property”), requesting approval of a <br />conditional use permit, coastal development permit, and a continuation of historical parking <br />waivers. <br /> <br />2. Baja Sharkeez restaurant is located at 114 McFadden. The former Sol Grill restaurant is <br />located in a vacant tenant space attached and adjacent to 110 McFadden. Applicant <br />proposes the following changes to 110 McFadden and 114 McFadden: <br /> <br />a. Remodel the 110 McFadden restaurant space to modernize the building and create <br />an attached dining room to serve 114 McFadden; <br />b. Install a retractable roof over the 110 McFadden space and open-air patio areas; <br />c. Remove existing restriction regarding maximum allowable net public area during <br />the day (prior to 9 p.m.) at 114 McFadden to allow full use of the space; <br />d. Modify the opening hour for 110 McFadden and 114 McFadden from 11:00 a.m. to <br />9:00 a.m.; <br />e. No modification to the closing hour for 110 McFadden which is 11:00 p.m.; <br />f. Modify the closing hour for 114 McFadden from 2:00 a.m. to 1:30 a.m. to match the <br />existing Alcoholic Beverage Control (“ABC”) license conditions; <br />g. Modify the existing 110 McFadden ABC license from a Type 41 On- Sale Beer and <br />Wine Eating Place, to a Type 47 On-Sale General – Eating Place to match the <br />existing ABC License at 114 McFadden; and <br />h. Restripe the onsite parking lot in the rear to retain the existing ten (10) parking <br />spaces. Any existing unpermitted encroachments or storage areas in the parking <br />lot would be removed prior to implementation of the project and remain clear for <br />vehicle parking (collectively the “Project”). <br />