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HomeMy WebLinkAbout02_il Barone Ristorante Minor Use Permit_PA2017-082oe`'�WPOR' CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT T October 26, 2017 C,<,F00.N`P Agenda Item No. 2 SUBJECT: it Barone Ristorante Minor Use Permit (PA2017-082) SITE LOCATION: 900 North Bristol Street • Minor Use Permit No. UP2017-009 APPLICANT: it Barone Ristorante OWNER: Elevation Equities, LLC PLANNER: Chelsea Crager, Assistant Planner 949- 644-3227, ccrager@newportbeachca.gov ZONING DISTRICT/GENERAL PLAN • General Plan: CG (General Commercial) • Zoning District: PC -11 (Newport Place) PROJECT SUMMARY A request to allow the sale and service of beer, wine, and distilled spirits in conjunction with an existing restaurant. The applicant requests a Type 47 (On -Sale General) Alcoholic Beverage Control (ABC) license. There is no proposed increase in the net public area of the approved restaurant. No late hours (after 11:00 p.m.) are proposed as part of this application. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No. UP2017-009 (Attachment No. ZA 1). DISCUSSION • The site is located in General Commercial Site 2 of the Newport Place Planned Community (PC -11). The space was previously occupied by Coco's Family Restaurant, which has since closed. The proposed tenant is it Barone Ristorante, a restaurant currently located in General Commercial Site 6 of PC -11. Restaurants 1 it Barone Ristorante Minor Use Permit Zoning Administrator, October 26, 2017 Page 2 are a permitted use in General Commercial Site 2 subject to approval of a use permit. The restaurant previously operated pursuant to Use Permit No. UP1789, approved by the Planning Commission on May 6, 1976. The use permit permitted the restaurant with 4,850 gross square feet, 139 seats, and up to 2,169 square feet of net public area. The existing entitlement permits a Type 41 (On -Sale Beer and Wine) ABC license only; therefore, a minor use permit is required to add the Type 47 ABC license. The use will remain a food service, eating and drinking establishment and the change to the ABC license will not alter or intensify the existing use. The hours of operation are proposed to be Monday through Saturday 11:00 a.m. to 11:00 p.m. A condition of approval is included allowing hours of operation of 7:00 a.m. to 11:00 p.m., daily, to allow for future flexibility. The proposed floor plan for it Barone Ristorante includes a main dining area, a service bar, and a waiting area which total 2,070 square feet of net public area. There are 62 parking spaces provided onsite, which complies with the Newport Beach Municipal Code (NBMC) and Use Permit No. UP1789, which both require one parking space per 40 square feet of net public area. There are no proposed changes to the exterior or existing signage as a part of this application. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will help to ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community and that the eating and drinking establishment does not become a bar or tavern. The establishment is required to comply with the requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees of the establishment. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. • If approved, this Minor Use Permit will supersede Use Permit No. UP1789. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant Tmp1[: 09/21/17 2 it Barone Ristorante Minor Use Permit Zoning Administrator, October 26, 2017 Page 3 effect on the environment. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, 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. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: Chelsea Crager cewW Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Project Description ZA 4 Police Department Memorandum ZA 5 Use Permit No. UP1789 ZA 6 Project Plans Tmpl[: 09/21/17 3 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2017-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2017-009 ADDING A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE TO A RESTAURANT WITH NO LATE HOURS LOCATED AT 900 NORTH BRISTOL STREET (PA2017- 082) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by F&D Barone Inc, with respect to property located at 900 North Bristol Street, and legally described as Parcel 1 as shown on a parcel map filed in Book 81, Page 43 of Parcel Maps, in the office of the County Recorder of said county in the City of Newport Beach, County of Orange, State of California, requesting approval of a minor use permit. 2. The applicant proposes the sale and service of beer, wine, and distilled spirits in conjunction with an approved restaurant use. The applicant is pursuing a Type 47 (On - Sale General — Eating Place) Alcoholic Beverage Control (ABC) license. There are no other proposed substantial changes to the restaurant. There are no late hours (after 11:00 p.m.) proposed. 3. The subject property is designated General Commercial (CG) by the General Plan Land Use Element and is located within the Newport Place Planned Community (PC -11) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on October 26, 2017, in the Corona del Mar Conference Room (Bay E -1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves the addition of the Type 47 ABC License to an existing eating and drinking establishment with no other 5 Zoning Administrator Resolution No. ZA2017-### Paqe 2 of 10 expansion beyond what has been previously permitted and no proposed exterior changes. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) 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 purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: In finding that the proposed use is consistent with Section 20.48.030 of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The subject property is located in Reporting District 34 (RD 34). The Part One Crimes (Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson) crime rate in RD 34 was 130 crimes reported in 2016, which is comparable to adjacent RD 33 and RD 36. Reporting Districts RD 33 and RD 36 are predominantly residential. The Part One Crimes rate in RD 34 is higher than nearby RD 35, which is also predominantly residential. The Part One Crime rate is higher than the Citywide average. 2. The Police Department has reviewed the proposed use, provided operating conditions of approval, and has no objection to the addition of the Type 47 alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes a closing hour of 11:00 p.m. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The total number of alcohol-related calls for service, crimes, or arrests in RD 34 is higher than RD 35, but lower than adjacent RDs 33 and 36. RD 35 is comprised of residential properties, so the lower amount of alcohol-related incidents is expected. The Police Department has reviewed the proposed use and has no objection. 2. Year to date, 12 calls for service representing less than one percent of all calls for service in RD 34 has been reported at the subject property. 07-11-17 Zoning Administrator Resolution No. ZA2017-### Paqe 3 of 10 iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The restaurant is located within a single -tenant building with frontages on North Bristol Street and Dove Street. The property is not located within close proximity to any residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, or similar uses that typically attract minors. The nearest residential district is located to the southwest across Bristol Street and California State Route 73. 2. Eating and drinking establishments with incidental alcohol service are common in PC - 11 and the proposed ABC license in conjunction with an 11:00 p.m. closing hour is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The closest establishment selling alcoholic beverages for on-site consumption is Juliette Kitchen and Bar, a full service restaurant in the commercial center adjacent to the subject property. The closest establishment selling alcoholic beverages for off- site consumption is Bay Court Liquor, a convenience market located across Dove Street in a commercial center. 2. There is no evidence suggesting a full-service restaurant use has been or will be detrimental to surrounding properties or to the neighborhood. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. An eating and drinking establishment has operated at the subject property since 1976 with no operating issues. No objectionable conditions are presently occurring at the site and this Minor Use Permit as conditioned is intended to avoid future objectionable conditions. 2. The proposed use has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 3. The existing hours of operation of the establishment will minimize the potential effects on land use. The establishment closes by 11:00 p.m., daily, which will ensure the use does not become a late night bar, tavern, or nightclub. 07-11-17 Zoning Administrator Resolution No. ZA2017-### Paqe 4 of 10 In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The site is designated CG by the General Plan Land Use Element, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 2. The restaurant is located on Bristol Street in a commercial area. There are two commercial centers on Bristol Street adjacent to the subject property which provide a variety of commercial uses. The sale and service of alcohol will provide a convenience for patrons and will help to maintain diverse commercial uses in the area, consistent with the CG land use designation. The earlier closing hour of 11:00 p.m. will help to ensure the use remains compatible with the surroundings. 3. The subject property is not a part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The site is located within the General Commercial Site 2 of the Newport Place Planned Community (PC -11) Zoning District. Restaurants are a permitted use in this area of the planned community subject to approval of a use permit. 2. The previous restaurant operated pursuant to Use Permit No. UP1789. Minimal conditions of approval were placed on the operation. 3. The use will remain a restaurant and the addition of the Type 47 Alcoholic Beverage Control License will not alter or intensify the existing use. Further, there will be no change to the net public area beyond what was originally permitted. There are no late hours proposed. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 07-11-17 g Zoning Administrator Resolution No. ZA2017-### Paqe 5 of 10 Facts in Support of Finding: 1. The addition of the alcohol license does not change the operating characteristics of the previously approved eating and drinking establishment. 2. The restaurant will remain complementary to the other uses in PC -11, which includes retail stores, medical offices, restaurants, services, and other commercial uses. The restaurant will continue to provide a convenience for nearby businesses and visitors to the area. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The previous restaurant has proven to be physically suitable in terms of design, location, shape, and size to support the use. The physical characteristics of the site are not changing with the new tenant and addition of the alcohol license. 2. Adequate public and emergency vehicle access, public services, and utilities are provided for on-site. Finding: F. 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 has been reviewed and includes conditions of approval to help ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The restaurant will continue to service the surroundings by providing dining services as a public convenience to the surrounding businesses as well as visitors to the area. The service of alcohol will continue to complement the principal use of the facility and provide an economic opportunity for the property owner to maintain a successful business. 07-11-17 9 Zoning Administrator Resolution No. ZA2017-### Paqe 6 of 10 3. As conditioned, the owners, managers and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-009, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP1789, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF OCTOBER, 2017. Patrick J. Alford, Zoning Administrator 07-11-17 10 Zoning Administrator Resolution No. ZA2017-### Paqe 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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 Minor Use Permit. 4. This Minor Use Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 5. The allowed hours of operation shall be between 7:00 a.m. and 11:00 p.m., daily. 6. Net public area shall be limited to a maximum of 2,169 square feet. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require a separate review and may necessitate an amendment to this Minor Use Permit or the processing of a new use permit. 8. 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. 9. No outside paging system shall be utilized in conjunction with this establishment. 10. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 11. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 07-11-17 ss Zoning Administrator Resolution No. ZA2017-### Paqe 8 of 10 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 debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 13. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 14. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 15. 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. 16. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 17. 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 it Barone Ristorante Minor Use Permit including, but not limited to, Minor Use Permit No. UP2017-009 (PA2017-082). 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/orthe 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. Police Department 18. All customers must vacate the establishment 30 minutes after closing. 19. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. 07-11-17 12 Zoning Administrator Resolution No. ZA2017-### Paqe 9 of 10 20. The approval is for an eating and drinking establishment with on -sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On -Sale General — Eating Place) license in conjunction with the restaurant as the principal use of the facility. 21. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 22. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 23. There shall be no live entertainment or dancing allowed on the premises. 24. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 25. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 26. Food service from the regular menu shall be made available to patrons until closing. 27. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 28. 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. 29. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 30. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 31. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 07-11-17 i3 Zoning Administrator Resolution No. ZA2017-### Paqe 10 of 10 32. 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. 33. Strict adherence to maximum occupancy limits is required. 34. The applicant shall maintain a security recording system with a 30 -day retention. 35. 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. 07-11-17 Attachment No. ZA 2 Vicinity Map 15 Minor Use Permit No. UP2017-009 PA2017-082 900 N. Bristol Street 20 Attachment No. ZA 3 Project Description 17 PA2017-082 APPLICANT: F&D Barone, Inc. dba "il Barone Ristorante" REQUEST: Approval of Minor Use Permit (MUP) Permitting a Type 47 On -Sale General Alcoholic Beverage License with Beer, Wine & Distilled Spirits in Conjunction With The Operation of the Existing "il Barone Ristorante" PROPOSED USE: Restaurant With On -Sale Service of Beer, Wine & Distilled Spirits ADDRESS: 900 N. Bristol Street, Newport Beach, CA 92660 PROJECT NARRATIVE The proposed project is for the approval of a Type 47 On -Sale General (Beer, Wine & Distilled Spirits) license for an existing restaurant located in the airport area at 900 N. Bristol Street, Newport Beach. The existing restaurant "il Barone Ristorante" and is owned and operated by Donatella and Franco Barone. Il Barone Ristorante is a full service fine dining Italian restaurant. This request is to permit the sale of beer, wine and distilled spirits for on -sale consumption in conjunction with the operations of the restaurant. Service of beer, wine and distilled spirits is made for the convenience of patrons dining at the restaurant. The subject property is located within the airport area. The site is bounded by other commercial and office uses as well as the 73 Freeway. There are no residents in the general area. The proposed restaurant will serve the local residents of the surrounding community, tourists and office workers. The space formerly was operated as "Coco's" for over 20 years with a Type 41 Beer and Wine license. The proposed restaurant will have a total area of approximately 4,828 square feet. The proposed restaurant will be open six (6) days a week. The proposed hours of operation are Monday through Saturday 11:00 AM to 11:00 PM. The restaurant proposes 68 interior dining, 24 Patio seats and 11 interior bar seats. The project will employ approximately 11 employees that would be on-site at one time. The surrounding land uses are as follows North: Commercial/Office. South: 73 Freeway/Commercial/Office. East: Commercial/Office. West: Commercial/Office. 18 PA2017-082 APPLICANT: F&D Barone, Inc. dba "il Barone Ristorante" REQUEST: Approval of Minor Use Permit (MUP) Permitting a Type 47 On -Sale General Alcoholic Beverage License with Beer, Wine & Distilled Spirits in Conjunction With The Operation of the Existing "il Barone Ristorame" PROPOSED USE: Restaurant With On -Sale Service of Beer, Wine & Distilled Spirits ADDRESS: 900 N. Bristol Street, Newport Beach, CA 92660 USE PERMIT APPLICATION JUSTIFICATION The proposed project is for the approval to upgrade an existing Type 41 On -Sale Beer & Wine license to a Type 47 On -Sale General (Beer, Wine & Distilled Spirits) license for an existing restaurant located in the airport area at 900 S. N. Bristol Street, Newport Beach. The existing restaurant is "il Barone Ristorante" and is owned and operated by Donatella and Franco Barone. Il Barone Ristorante is a full service fine dining Italian restaurant. The applicant proposes obtaining transfer approval from the California Department of Alcoholic Beverage Control for the Type 47 On -Sale Beer, Wine & Distilled Spirits Eating Place alcoholic beverage license. The proposed request meets the requirements set forth in the City of Newport Beach Municipal Code. 1 17i:[I ' ' IZ17 1. The use is consistent with the General Plan and any applicable specific plan; Response: The proposed use as a restaurant with beer, wine and distilled spirits is consistent with the Newport Beach General Plan and provisions of the Municipal Code. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Response: The proposed use as a restaurant with beer, wine and distilled spirits is permitted in the zoning district and is subject to the all the regulations, conditions, policies or other requirements of the Municipal Code. This is an existing restaurant that previously had a Type 41 On -Sale Beer & Wine license. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Response: The proposed use is not inconsistent with the adjacent uses and will not materially affect the surrounding community or environment. The proposed project is ideally suited for the airport area and is not located near any residences. The approval of the request that serves the local community and tourism, will not adversely affect the public's health, safety, welfare nor will it jeopardize or endanger the public. It will not be detrimental to the use, valuation or enjoyment of surrounding property owners or residents. 4. 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 1J° PA2017-082 Response: The proposed site, an existing shopping center, is not inconsistent with the adjacent uses and will not materially affect the surrounding community or environment. The proposed site is ideally suited for the airport area and is not located near any residences. The approval of the request that serves the local community and tourism, will not adversely affect the public's health, safety, welfare nor will it jeopardize or endanger the public. It will not be detrimental to the use, valuation or enjoyment of surrounding property owners or residents. 5. 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. Response: The proposed use will contribute to the economic growth of the City as it will serve the local community and tourism. The proposed project will not adversely affect the public's health, safety, welfare nor will it jeopardize or endanger the public. It will not be detrimental to the use, valuation or enjoyment of surrounding property owners or residents. 20 Attachment No. ZA 4 Police Department Memorandum 21 NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: Chelsea Crager, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: May 29, 2017 SUBJECT: II Barone Ristorante Minor Use Permit 900 N. Bristol Street Use Permit No. UP2017-009 (PA2017-082) At your request, the Police Department has reviewed the project application for II Barone Ristorante, located at 900 N. Bristol Street, Newport Beach. Per the project description, the applicant is opening a new restaurant in the location formerly occupied by Coco's. Coco's held a Type 41 Alcohol License (On -Sale Beer and Wine — Eating Place) and the applicant wishes to obtain a Type 47 (On -Sale General — Eating Place) and add an interior bar. A total of 103 seats are proposed with an additional 24 seats in the outdoor patio. An Operator License is not required for this project. Statistical Data and Public Convenience or Necessity Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the city wide average, and an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on Public Convenience or Necessity (PCN) is required. However, there is no definitive or uniform guideline defining the application of PCN. While the final determination of PCN for a Type 47 license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local authorities to address PCN in the Conditional Use Permit (CUP) process. Crime Statistics Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to calls for service in and around the project location at 900 N. Bristol Street. 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) 34 22 II Barone U P2017-009 which is square in shape in the north end of the City. This RD is comprised of nearly all commercial businesses and the closest residential neighborhood is located south of the 73 freeway in the adjacent, RD 33. RD 34 is our 8th highest crime area out of 26 RD areas in Newport Beach. This RD shows a 55% greater number of crimes than the average number of reported crimes determined from all Reporting Districts within Newport Beach. Burglary/Theft from Auto is the highest volume crime in RD 34, and drug-related offenses represent the highest volume of arrests. This location meets the legal criteria for undue concentration. Alcohol License Statistics The applicant premise is located within census tract 0626.10. This census tract has an approximate population of 6,393 residents with 91 active ABC licenses. That is a per capita ratio of 1 license for every 70 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's on -sale per capita ratio of 1 license for every 477 residents. This location meets the legal criteria for undue concentration. Discussion and Recommendations Despite the undue concentration in this area, the Police Department has no objection to the project as long as the following conditions are imposed. These conditions are imposed to ensure food remains the focus in this establishment rather than alcohol. CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. The eating and drinking establishment including the outdoor patio shall close no later than 11:00 p.m. 2. All customers must vacate the establishment 30 minutes after closing. 3. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. 4. The approval is for an eating and drinking establishment with on -sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On -Sale General — Eating Place) license in conjunction with the restaurant as the principal use of the facility. 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. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. E 23 II Barone UP2017-009 7. There shall be no live entertainment or dancing allowed on the premises. 8. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 9. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 10. Food service from the regular menu shall be made available to patrons until closing. 11. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 12. 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. 13. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 14. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 15. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 16. 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. 17. 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 3 24 II Barone UP2017-009 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. 18. Strict adherence to maximum occupancy limits is required. 19. The applicant shall maintain a security recording system with a 30 day retention. 20. 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 aye any questions as to the content of this memorandum, please contact Investigator WeOy Joe at (949) 644-3705 or wjoe@nbpd.org. Joe ice civilian Investigator, Special Investigations Jeff Brouwer Deputy Chief 12 215 AWL NEWPORT BEACH POLICE DEPARTMENT 2016 CRIME AND ALCOHOL-RELATED STATISTICS CHIEF JON T. LEWIS 7N SUMMARY FOR IL BARONE RISTORANTE AT 900 N BRISTOL ST. (RD34) Subject: 900 N Bristol St. Subject RD: 3,306 RD34 Adjacent RD:. RD33 Adjacent RD: RD35 1,533 Adjacent RD: 3,271 RD36 Newport Beach 93,685 Subject " notapplicable notapplkable not applicable not applicable 130 84 +46 +55% Burg/Theft 70 66 Adjacent Census From Auto 100 84 +16 +19% Burg/iheft From Auto 54 84 -30 -36% Burg/Theft From Auto 108 84 +24 +29% Burg/Theft From Auto 3,177 not applicable not applicable not applicable From Auto 'Part I Crimes are the 8 most serious crimes as defined by the Fel Uniform Crime Report - Homicide, Rape, Robbery, Aggravated Assoult, Burglary, Larceny - Theft, Auto Theft, and Arson, This report reflects City of Newport Beach Pan I crime data for 2016, as well m Simple Assault and Vandalism. 900 N Bristol St. not applicable 1 notapplkabk 1 Subject Census 0 0 0 not opplicoble Tract: 626.1 6,393 91 70 66 Adjacent Census 14 99 10 10 Tract: 631.01 2.733 14 195 13 Adjacent Census I 15 3 5,917 23 257 16 Tract: 630.04 Adjacent Census 66 15 11 0 Tract: 630.07 6,958 8 870 6 0 0 0 0 not opplicoble 0 A 130 12 7 0 Drug -Related 14 99 10 10 0 drWRela ed' ' I 15 3 3 0 DDI 7 66 15 11 0 DUI 10 3,457 351 663 18 Drug -Related 1,068 Legend ABC Licenses Count • 1 • 2 3.4 5-7 • 8-11 Newport Beach 85,186 439 194 389 Orange Co 3,010,232 6,314 477 5,561 Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPO as of 02/16/2017. All Population figures taken from the 2010 US Census. a • • as • • s JL= Subject Location 20 5/25/2017 Attachment No. ZA 5 Use Permit No. UP1789 2� COMMISSIONERS 'CITY ;OF NEWPORT 11ACH M s m 4 0 A A N l CAL i May 6 1976 MINUTES `. i ' INDEX site and the premises shall be restored to its former condition upon the termination of the ex use on the site. Commissioner.Agee abstai a to a possible conflict of interest because he ower5 at this location every weekend. Items #2 and.#3'were heard concurrently because of their" re1at.ionS41p;.however separate actions_W.ere' 'on taken each' item: Item #2 Request to establish a restaurant facility with. USE on sale beer and wine;, in' "Newpo,rt Palace." PERMIT I TT69 I Location A porti w of Lot 3, Tract No 76941 located at,801 DgVe St,reet,.on'the APPROVE[ northerly corner iof' DoVei Street; and CONDI- ONDI- I BHI: Bri':sto1 Street"'(No'rth)' in "Newport M—NA-CL) P1 ace." :.. Zone., .._.... ,. ,.,::;,..... Applicant: ColWelI Ray Horn'asek Okinaka, Inc., Tustin. (i.e. Jojo's Restaurant) Owner: Edker'Pope, et al, Newport Beach I Item #3 Request to create two parcels of land for commer- RESUB- cial development. DI ISIOP NO. 519 Location: Lot 3, Tract No. 7694, located at 80.1 Dove Street and 990 Bristol APPROVE: Street (North), on the northerly COQ= corner of Dove Street and Bristol TTONEL' Street (North) in "Newport Place." Agglican t: Edkor ant Blanche Pope, Irvine Owner: Same as Applicant Engineer: Donald E. Stevens, Inc., Costa Mesa Page 3. 22 ' %F 1111, -r r r � - r 1 t i t- t ` r�7 COMMISSIONERS INDEX .. CITY OF NEWPORT RACH Staff answered questions of the Commission relative to width of sidewalk and curb cuts, Traffic circu- lation in and around the proposed restaurant was MINUTES also discussed. r:, m A:2611 reg l Oti Mav C. 107A INDEX .. Staff answered questions of the Commission relative to width of sidewalk and curb cuts, Traffic circu- lation in and around the proposed restaurant was also discussed. Public hearings were opened in connection with these matters. Bill Langston, 18 Oak Crest Lane, appeared before n1 the Commission to concur with the staff reports y, and recommended conditions and answered questions fN ' of the Commission relative to the proposed=develop- I` ment and signing. Gary Bowes with Colwell Ray, Architects for Jojo!.s > !;' ' Restaurant,appeared before the Commission,; and distributed photographs of the proposed, restaurant for review. He also questioned Condition No.;,;8.of. h' the Use Permit and was assured by the statfthat the Department of Community Development woui'd work " with the applicant to solve any problems 'which''may ?: be encountered. ' Jim Lee, Vice President of JoJo's Restaurant,. 120 N. McPherson, Orange, appeared before the'Comtiis- Sion and ronr.urred with the staff reports and ?+ recommended conditions, There being no others desiring to appear and be heard, the public hearings were closed. Lk;'Motion All Ayes X Motion was made that Planning Commission make the following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the Land Use Plan of the "Newport Place" Planned Community, and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems with the pro- posed development, providing that the 'parking lot is adequately illuminated, 4. Adequate offstreet parking and traffic circulA- tion are being provided for the proposed Page 4. 29 COMMISSIONERS x On[[ rw11 Mav CITY OF N EWPORT &CH F_ 1Q7r MINUTES - �---�- INDEX development, providing that the proposed 30 foot wide common driveway is maintained for vehicular access and maneuverability at all times, 5. The approval of Use Permit No, 1789 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 toproperty and improvements in the neighborhood or the, general welfare of the City. and approve Use Permit No. 1789, subject to the following conditions: 1.' That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That a minimum of one parking space/40 sq, ft. of` "net floor area" shall be provided on-site for the pruposed restaurant facility. i 3. No live entertainment or dancing shall be permitted in the restaurant facility until such time as the Use Permit is amended to permit said uses. Said amendment may require additional parking spaces. 4. That a landscape pian shall be submitted to and approved by the Director of Parks, Roaches and Recreation, Said landscaping shall be imple- mented in accordance with the approved plan I ( and the landscaping shall be permanently it I maintained. 5. That all signs shall mee;: the Planned Community Developuent Standards and shall be approved by the Director of Community Development. Convenience signs such as "entrance" or "exit" shall have a maximum area of six square feet, Said convenience signs shall not include the name or logo of the restaurant use. 6. All mechanical equipment and the storage of cartons, containers and trash shall be shielded from view wit'Ain a building or within an area enclosed by a wall or fence, 7. That kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule I � I Page 5. so COMMISSIONERS CALL q. INDEX 50 of the Air Pollution Control District. In addition, the kitchen hood system shall have an automatic fire protection system installed. 8. That a washout area for trash containers shall be provided in such a way as to allow direct drainage Into the sewer system and not Into the storm drains. 19. That a lighting plan for the restaurant parking lot and all other exterior illumination od the site shall be approved by the Director of Community Development. 10 That there shall be a document recorded satisfactory to the City Attorney and the 'Director of Community Development providing for the operation and continual maintenance of the 30 foot wide drive (i.e. a 15 foot wide area along the northwesterly side of the restaurant site and a 15 foot wide area along the southeasterly portion of the adjoining buildin site for vehicular access to Bristol Street ?North; and for vehicular ingress and egress to the offstreet parking spaces for the duration of the proposed uses on the two building sites. 11. The restaurant parking lot and related drives, including the entire 30 foot wide common drive, shall be paved with asphalt, concrete or other street surfacing material of a permanent nature. Parking spaces shall be marked with approved traffic markers or painted white lines not less than 4 inches wide. 12. That all applicable conditions of approval for Resubdivision No. 519 be fulfilled. 13. That the exact location, configuration, and width of the driveway approaches from Dove Street and Bristol Street (horth) be reviewed and approved by the Public Works Department. Motion All Ayes X Motion was made that Planning Commission make the following findings: 1. That the proposed map is consistent with applicable general and specific plans and the Planned Community Text. Page 6. 31 INDEX 1 COMMISSIONERS *CITY OF NEWPORT 2. That the design or improvement of the proposed CH subdivision is consistent with applicable general and specific plans. '• MINUTES 3. That the site is physically suitable for the type of development proposed. INDEX 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. '• 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development as set forth in the Planned Community Text. r the design of the subdivision be proposed improvements will n'ot cause subs.tan= tial. environmental damage or substantially and avoidably injure fish or wildlife or their habitat. df 6. That the design of the subdivision or the pro- posed improvements are not likely to cause 'i'.. serious public health problems, 7. That the design of the subdivision or the proposed improvements will not conflict with ' any easements, acquired by the publid'at large, for access through cr use of, property within the proposed subdivisiun. B. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. and approve Resubdivision No. 519, subject to the following conditions; 1. That a parcel map be filed. 2. That all public improvements be constructed as required by ordinance and the Public Works Oepartment, 3. That each new parcel be served by individual water and sewer connections in a manner satis- factory to the Public Works Department and that a private easement for sewer and storm drain purposes be provided across Parcel 1 for ,> the benefit of Parcel 2. 4. That P.C.C. sidewalk having a minimum width of six feet be constructed adjacent to the curb Page 7. 3 6461,1. CA COMMISSIONERS mx % M LL 1 CITY OF NEWPORT ACH Mau 6. 1076 MINUTES INDEX along zbove street and Bristol Street (North).. That an easement for public utility and side- walk purposes be dedicated along Bristol Street (North)'. The easement shall be four feet wide within Parcel 2, and shall vary within Parcel to a maximum width of six feet. s" 'i 6. That all vehicular access rights to Bristol Street (North) be dedicated to the City of i` Newport Beach, except for one common driveway approach centered on the property line between Parcels 1 and 2. Thesingle common driveway shall be in lieu of the master -planned drive- way location for Lot 3 of Tract No. 7694 shown on the approved improvement plans for Bristol* ti Street (North). fh,S i� Item N4 "F Request to establisj,a sales facility for new and USE used boats, boat a'c'cess'ories and boat trailers` in eE MIT ' the C' 1-H Di s tri ct. 1790—' Location: A portion of Lot A, Tract No. 919, APPROVED located ­,at 2000 West Coast' NighWay, CONDI--- " on the northerly side of West':Goa st TTOWLY Highway, easterly of 7us'tin he'hUe ' on Mariner's Mile. Zone: C -1-H -` Applicant: Sol Catamaran, Inc., Santa Ana Owner: A 11 Investment Co., Newport Beach Public hearing was op ed in connection with this matter. Richard Mallard, Sol Catamar s, 661 N. Corona, appeared before the Commission nd concurred w th the staff report and recommended onditions. There being no others desiring to app r and be heard, the public hearing was closed. :Motion All Ayes X Mo`ion was made that Planning Commission ma' the following findings: 1. The proposed development is consistent with Page 8. 3 Attachment No. ZA 6 Project Plans 3.4 PA2017-082 y iS y y y p y y y y y y y y y y y PARKING SITE PLAN TOTALAVAILABLE PARKING SPACES AVAILABLE ACCESSIBLE SPACES: 62 3 SCALE: 1i161t = r - o„ B PIAN D M� R.K11110 2629 Foothill Blvd. #229 La Crescenta, CA 91214 (818)275-3639 office (626) 800-7566 mobile (888)811-5536 fax info@HandMarkServices.com Licence #: 977977 DESIGNER: No. 72225 z rn * Exp..[8 \TFOFrv�� ���\ CAL�4 ALL RIGHTS RESERVED ALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE THE ORIGINAL, UNPUBLISHED WORK OF HANDMARK SERVICES, PROTECTED BY COPYRIGHT, AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUTTHE WRITTEN CONSENT OF HANDMARK SERVICES. DO NOT SCALE DRAWINGS. VERIFY ALL FIELD CONDITIONS PRIOR TO COMMENCEMENT ON DEMOLITION OR CONSTRUCTION. NOTIFY ARCHITECT IMMEDIATELY OF ANY DISCREPANCY BETWEEN THESE DOCUMENTS AND ACTUAL FIELD CONDITIONS. REVISIONS: DESCRIPTION CONSULTANTS: AGENCY: APPROVAL: DATE IBl IL BARONE 900 BRISTOL ST, NEWPORT BEACH, CA 92660 PREPARED FOR: BUILDING PERMIT DATE: 02/21/17 JOB NUMBER: 1900 I DRAWN BY: I S. T. I SCALE: I AS NOTED SITE/PARKING PLAN SS PROPOSED FLOOR PLAN WITH PARKING REQUIREMENTS HAN D WaR.K 1111110 2629 Foothill Blvd. #229 La Crescenta, CA 91214 (818) 275-3639 office (626) 800-7566 mobile (888)811-5536 fax info@HandMarkServices.com Licence #: 977977 DESIGNER: OE A w No. 72225 m * Exp. [F TFOFV IL CALtF ALL RIGHTS RESERVED ALL DRAWINGS AND WRITTEN MATERIALAPPEARING HEREIN CONSTITUTE THE ORIGINAL, UNPUBLISHED WORK OF HANDMARK SERVICES, PROTECTED BY COPYRIGHT, AND THE SAME MAY NOT BE DUPLICATED, USED, OR DISCLOSED WITHOUT THE WRITTEN CONSENT OF HANDMARK SERVICES. DO NOT SCALE DRAWINGS. VERIFY ALL FIELD CONDITIONS PRIOR TO COMMENCEMENT ON DEMOLITION OR CONSTRUCTION. NOTIFY ARCHITECT IMMEDIATELY OF ANY DISCREPANCY BETWEEN THESE DOCUMENTS AND ACTUAL FIELD CONDITIONS. REVISIONS: DESCRIPTION �Lil�f 1Health PC# SR0130003 5/18/17 JG kdPlan Check 0552-2017 6/9/17 ST Health PC# SR0130003 I JG ULTAN AGENCY: W L BARONE 900 BRISTOL ST. N. NEWPORT BEACH, CA 92660 PREPARED FOR: BUILDING PERMIT DATE: 02/28/17 JOB NUMBER: 900 DRAWN BY: S. T. SCALE: SHEET TITLE: FLOOR PLAN FOR I� PARKING SCALE: �/ 1/4 = 1' - 0" B X —1.0 Zoning Administrator - October 28, 2017 ITEM NO. 2a - ADDITIONAL MATERIALS RECEIVED it Barone Ristorante Minor Use Permit (PA2017-082) To: ZONING ADMINISTRATOR - ADDITIONAL MATERIALS RECEIVED Subject: Comment for tomorrow's ZA FW: 900 N. Bristol Street/File #PA2017-082 Dear Chelsea, This e-mail is to address concerns regarding the parking at the proposed II Barone Restaurant at 900 Bristol Street North. We are the owners of the retail center adjacent to II Barone called Plaza Newport and located at 1000 Bristol Street North and have owned the Center for 40 years. We believe the II Barone Restaurant is a quality Italian restaurant and look forward to working with them in the future. Parking at the site has been a very expensive issue to us since the development of Back Bay Court and the adjacent office building at lunch time over twenty years ago. We have employed two guards from 9-1 at the Center at the entrance to Plaza Newport to prevent Coco's customers from parking in the Plaza Newport lot and to prevent customers and employees from the adjacent Back Bay Court shopping Center and the office building parking in the Coco's lot. This has cost the ownership over $500,000 in the last 20 years. Coco's lot is used largely by adjacent office buildings and adjacent Back Bay Court shopping center customers and employees, leaving inadequate parking at Coco's restaurant for Coco's customers at lunch. As a result of Coco's not monitoring their lot, Coco's customers park in the Plaza Newport lot. We do not have extra parking to accommodate Coco's customers at breakfast, lunch or dinner. In order to provide additional parking for Plaza Newport customers, we pay for almost 80 additional parking stalls off site to provide employee parking for the stores/restaurants at Plaza Newport. This has made a huge improvement in Plaza Newport parking. We would like the City to address how Barone's will address parking for lunch and dinner at the site. They have 62 parking spots to accommodate both their customers and 11 employees. Our experience has shown that 11 employees for the size of it Barone's is not a realistic count. We believe the employee count to be more in the range of 20-24 as they will have servers, cooks, bartenders, dishwashers, hostess etc. We strongly suggest that the City require Barone's employees park off site, just as we have found it to be necessary for Plaza Newport. We will be attending the meeting to try to clarify any issues and work together. Suggestions: 1. Identify the realistic number of employees 2. Locate offsite parking for employees 3. Provide a system for either valet parking or parking guards to maximize parking and to park Barone customers in their lot at lunch and dinner time. Thanks you, Harry and Kimberly Woloson