HomeMy WebLinkAbout20200423_PC_Staff ReportCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
SUBJECT: il Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Conditional Use Permit No. UP2019-050
SITE LOCATION: 111 21st Place
APPLICANT: iI Farro Caffe & Restaurant, Inc. dba iI Farro Restaurant
OWNER: Farrotto, LLC (Domenico Maurici)
PLANNER: Benjamin M. Zdeba, AICP, Senior Planner
949-644-3253 or bzdeba@newportbeachca.gov
PROJECT SUMMARY
The applicant requests to amend an existing Use Permit in order to change operational
restrictions for an existing restaurant. The applicant specifically requests the following: (1)
to change the permitted hours of operation to 6 a.m. to 1:30 a.m., daily, with alcohol service
not beginning until 11 a.m.; (2) to allow a happy hour prior to 9 p.m.; (3) to allow the sale of
alcohol for off-site consumption on a limited basis with a Type 21 Alcoholic Beverage Control
(ABC) License; and (4) to allow limited live entertainment.
If approved, this Conditional Use Permit would supersede Use Permit No. UP3690 and
Outdoor Dining Permit No. OD0032. In addition, if approved, the operator is required to
obtain an operator license from the Police Department pursuant to Newport Beach Municipal
Code (NBMC) Chapter 5.25.
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, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment; and
3)Adopt Resolution No. PC2020-010 approving Conditional Use Permit No.
UP2019-050 (Attachment No. PC 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed Use Water Related
(MU-W2)
Mixed-Use Water Related
(MU-W2) il Farro Caffe Trattoria
NORTH MU-W2 MU-W2 Multi-tenant commercial and
mixed-use structures
SOUTH Visitor Serving
Commercial (CV)
Commercial Visitor
Serving (CV) Restaurants and hotel
EAST MU-W2 MU-W2 The Stag Bar
WEST MU-W2 MU-W2 Multi-tenant commercial
Project
Site
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INTRODUCTION
Project Setting and Description
The subject property is located within the heart of the McFadden Square area of the
Balboa Peninsula adjacent to the Newport Pier. Surrounding land uses include the Stag
Bar and Stag Hotel to the northeast; Rockin’ Baja Lobster, 21 Oceanfront Restaurant and
Doryman’s Inn to the south; The Blue Beet and Dory Deli to the west; and several smaller
commercial tenants and mixed-use structures to the north. The 260-parking-space West
Ocean Front Parking Lot is located west of the project site. Also located nearby is the
McFadden Square Parking Lot, which contains approximately 137 parking spaces. The
property consists of one legal lot totaling approximately 2,375 square feet in area and is
developed with a 2,250-square-foot building constructed in 1930. The building is single
story and is solely occupied by il Farro Caffe Trattoria. The development is considered
legal nonconforming since it exceeds the allowable floor area ratio (0.5) and there is no
parking provided on site.
Entitlement and Permitting Background
The site was historically operated as a restaurant for over 60 years, prior to becoming il
Farro Caffe Trattoria. Up until 2001, it had operated without a use permit and had no
limitations on its use, including number of seats or limitation on hours of operation.
On March 13, 1998, the Planning Division approved Outdoor Dining Permit No. OD0032 to
allow the establishment of an accessory outdoor dining area in conjunction with the
restaurant.
Subsequently, on February 8, 2001, the Planning Commission approved Use Permit No.
UP3690 to change the Alcoholic Beverage Control (ABC) license to a Type 47 (On-Sale
General, Eating Place). This Use Permit set the parameters within which the current
restaurant operates. Despite some more recent electrical, mechanical and plumbing
permits, the restaurant has remained mostly unchanged.
Requested Changes
In order to remain competitive, the applicant desires to alter the current operation of the
restaurant through the subject application. Each of the requested changes are shown briefly
in Table 1 on the subsequent page with the most notable changes being the hours of
operation, the introduction of live entertainment, and a limited Type 21 (Off-Sale General)
ABC license consisting of incidental sales of alcohol for off-site consumption through internet
sales and in-person transactions within the restaurant space. The request is further outlined
in the applicant’s project description (Attachment No. PC 3).
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Table 1 – Existing and Proposed Operations
Existing Proposed
Interior Seats, Net Public
Area (NPA)
64 seats, 920 sq. ft. No change
Outdoor Seats, NPA No seat limit, 179 sq. ft. No change
On-Site Parking Provided None No change
Hours of Operation 11 a.m. to 12:30 a.m., daily
(September to April) and
11 a.m. to 1:30 a.m., daily
(May to August)
6 a.m. to 1:30 a.m., daily
(year-round)
Happy Hour Not permitted Allowed prior to 9 p.m.
Live Entertainment Not permitted Allowed
Dancing Not permitted No change
ABC License(s) Type 47 Type 47 and Type 21
DISCUSSION
Consistency with General Plan/Coastal Land Use Plan/Zoning
The site is designated MU-W2 (Mixed-Use Water Related) by the General Plan Land Use
Element, the Coastal Land Use Plan, and the Zoning Code, which allows for eating and
drinking establishments. Under the General Plan Land Use designation of MU-W2, the Floor
Area Ratio (FAR) for the subject property is limited to a 0.5 FAR given its composition of
only commercial uses. The existing FAR for the subject property is nonconforming at
approximately 0.95. Inasmuch as the proposed application will not result in an increase in
the gross floor area, the project is consistent with the Land Use Element.
Land Use Policy LU 6.8.2 (Component Districts) of the General Plan notes “McFadden
Square should be emphasized as [one of the] primary activity centers of the northern portion
of the Peninsula.”
Land Use Policy LU 6.12.1 (Priority Uses) of the General Plan and Land Use Policy 2.1.5-7
of the Coastal Land Use Plan state that one of the goals for the McFadden Square area is
to “accommodate visitor- and local-serving uses that take advantage of McFadden Square’s
waterfront setting including specialty retail, restaurants, and small scale overnight
accommodations.” The proposed project is consistent with this policy because it supports
visitors and residents and improves the offerings of an existing restaurant operation.
In reviewing the proposed project, the Zoning Code standards for late hour operations
and alcoholic beverage sales were considered and the City’s Police Department and
Code Enforcement Division reviewed the proposed project.
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Police Department Review
The Newport Beach Police Department (NBPD) has provided a memorandum expressing
support for most of applicant’s requests (Attachment No. PC 4). However, the NBPD does
not support amplified live entertainment and they support live entertainment ceasing at
11 p.m., daily. The proposed project is located in a Police Reporting District (RD 15) that
is the most concentrated for retail alcohol establishments in the City and has a crime rate
of 357 percent above the citywide RD average.
Should the Planning Commission approve all, or any portion of, the applicant’s request,
then the Police Department has recommended several conditions of approval to regulate
and control potential nuisances that the establishment may create. The Police
Department has also indicated that they would issue an Operator License should the
Planning Commission approve the application request.
Late Hours
Pursuant to NBMC Section 20.48.090 (Eating and Drinking Establishments), the Planning
Commission must consider the following potential impacts upon adjacent or nearby uses
when reviewing an application to allow late-hour operations:
1.Noise from music, dancing, and voices associated with allowed indoor or
outdoor uses and activities;
2.High levels of lighting and illumination;
3.Increased pedestrian and vehicular traffic activity during late and early morning
hours;
4.Increased trash and recycling collection activities;
5.Occupancy loads of the use; and
6.Any other factors that may affect adjacent or nearby uses.
The applicant is proposing live entertainment to allow flexibility for its operation, including
a DJ or live bands. The applicant is not requesting to allow dancing. In order to ensure
the operation remains a restaurant, both the Police Department and Planning Division
staff recommend limiting the live entertainment to acoustic acts only with no amplification
allowed and further requiring that any live entertainment conclude by 11 p.m. This will
help to avoid and minimize potential impacts to surrounding land uses. Furthermore, a
condition of approval is included requiring exterior doors and windows be closed at all
times beginning at 11 p.m., daily, except for ingress and egress purposes. Significant
noise impacts from the outdoor dining area are not anticipated given its location on the
eastern side of the building, its distance of approximately 300 feet from the nearest
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residential zoning district, and the shielding provided by existing commercial buildings in
the area.
No new lighting is proposed at this time. Should the applicant choose to install any exterior
lighting, a condition is included to require a photometric study prior to issuance of building
permits.
The existing establishment currently has the ability to operate from 11 a.m. to 12:30 a.m.,
daily (September to April) and from 11 a.m. to 1:30 a.m., daily (May to August). The
proposed project will modify the hours to 6 a.m. to 1:30 a.m., daily (year -round). Given
the current operation can extend to 1:30 a.m. for a portion of the busy summer season ,
minimal increased pedestrian and vehicular activity is expected during late and early
morning hours. Staff does not anticipate any issues with the restaurant opening earlier
for breakfast, especially given the applicant proposes to not begin alcohol service until 11
a.m., daily. Furthermore, at least 10 nearby eating and drinking establishments are open
during the earlier morning hours, such that the requested operational change will not be
out of character with the area.
A trash area is currently at the rear of the establishment. As conditioned, the operator will
be required to maintain the trash area such that odors are controlled appropriately. Should
the existing trash area be determined by the City in the future to be inadequate, the
applicant will be required to increase the frequency of pickups.
Should the Planning Commission approve all or any part of the project, the applicant will
be required to obtain an Operator License from the Police Department. The Operator
License will provide for enhanced control of noise, loitering, litter, disorderly conduct,
parking/circulation, and other potential disturbances resulting from the establishment, and
will provide the Police Department with means to modify, suspend, or revoke the
operator’s ability to maintain late-hour operations.
Alcoholic Beverage Sales
When reviewing an application to allow an eating or drinking establishment to sell, serve,
or give away alcohol, NBMC Section 20.48.090 (Eating and Drinking Establishments)
requires the Planning Commission to evaluate the potential impacts upon adjacent uses
(within 100 feet as measured between the nearest lot lines) and to consider the proximity
to other establishments selling alcoholic beverages for either off -site or on-site
consumption. The adjacent uses are mixed-use, residential, general commercial, and
retail. The draft resolution includes conditions of approval designed to minimize negative
impacts that the establishment may have to surrounding uses and ensure that the use
remains compatible with the surrounding community.
The existing ABC license is a Type 47 (On-Sale General, Eating Place). This license will
remain unchanged as part of the project . The applicant is requesting to add a Type 21
(Off-Sale General) license to allow restaurant patrons to purchase bottles of wine for off -
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site consumption with their meals. As conditioned , in-person off-sale alcohol sales will
only be permitted in conjunction with food purchases. It is also understood the applicant
would like to conduct internet wine sales. Staff is not concerned with the request with the
understanding it will remain accessory to the primary use of the space as a restaurant.
In order to approve a use permit for alcohol sales, the Planning Commission must also
find that the use is consistent with the purpose and intent of NBMC Section 20.48.030
(Alcohol Sales). In doing so, the following must be considered:
a)The crime rate in the reporting district and adjacent reporting districts as compared
to other areas in the City.
b)The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and in adjacent reporting districts.
c)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.
d)The proximity to other establishments selling alcoholic beverages for either off -site
or on-site consumption.
e)Whether or not the proposed amendment will resolve any current objectionable
conditions.
The establishment is located within Police Reporting District 15, which includes most of
the commercial establishments for the Balboa Peninsula south of Coast Highway and 20th
Street. A map of Police Reporting Districts is provided (Attachment No. PC 5). A
memorandum, which includes alcohol-related statistics from 2019, is provided in Attachment
No. PC 4. The Police Department supports the operation as proposed by the applicant
with exception of the addition of amplified live entertainment. A discussion of the factors is
provided below:
a)The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
Reporting District Part One Crimes
(Serious offenses)
Part Two Crimes
(All other
offenses)
Part One Crimes
Rate (per 100,000
people)
RD No. 15 136 550 2,375.13
RD No. 12 58 80 1,374.41
RD No. 13 38 177 610.83
RD No. 16 57 139 1,118.74
Newport Beach 1,877 3,454 2,203.41
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The Part One Crimes Rate in Reporting District 15 (RD 15) is higher than the Part One
Crimes Rate for the City and all adjacent districts. The crime rate in this reporting district
is 357 percent above the citywide reporting district average. The higher crime rate within
this reporting district is largely due to the number of visitors to the Balboa Peninsula, the
high concentration of restaurants, visitor-serving uses, and the high ratio of nonresidential
to residential uses in RD 15. While the proposed project is located in an area that has a
high concentration of alcohol licenses, staff feels it is acceptable to allow the proposed
expansion of the privileges of the current establishment. The expanded privileges would
provide enhanced opportunities for customers and could improve the viability of the
business. The Police Department does not object to this project as conditioned and the
business would be required to obtain an Operator License.
b)The numbers of alcohol-related calls for service, crimes, or arrests in the reporting
district and the adjacent reporting districts.
Reporting District Alcohol-Related Crimes as Percentage of Total Crimes
RD No. 15 32%
RD No. 12 28%
RD No. 13 26%
RD No. 16 29%
RD 15 had a higher percentage of alcohol-related crimes in 2019, compared to all
adjacent reporting districts; however, this is to be expected given that this figure includes
driving under the influence (DUI), public intoxication, and liquor law violations, and the
area is highly concentrated with commercial establishments. From January 1, 2019,
through December 31, 2019, the Police Department reported no Part One Crime incidents
and one Part Two Crime1 incident. None of the calls received were a result of over-service
of alcohol or neglect in responsibility by the applicant.
c)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.
The project site is located in a mixed-use zoning district, which allows for residential uses
when intermixed with nonresidential uses. Although not a residential use, there is a
boutique hotel (Doryman’s Inn) immediately across 21st Place, above Rockin’ Baja
Lobster and 21 Oceanfront restaurants. The nearest residential district is located
approximately 350 feet east of the project site, halfway down Court Avenue. The nearest
residential units are located 10 feet across the rear alley to the northeast of the subject
property in a mixed-use building. The existing restaurant is separated from nearby
residences due to the orientation of the tenant space, which faces the adjoining
1 Part One Crimes are the eight most serious crimes as defined by the FBI Uniform Crime Report –
Homicide, Rape, Robbery, Aggravated Assault, Burglary, Larceny-Theft, Auto Theft, and Arson. Part Two
Crimes include all other crimes.
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commercial buildings across the 21st Place right-of-way and the public parking lot. The
nearest recreational facilities, the beach and the Newport Pier, are located approximately
260 feet to the southwest of the subject property. The nearest church, Our Lady of Mount
Carmel Church, is located approximately 0.5 miles to the east of the subject property
along West Balboa Boulevard. The nearest school, Newport Elementary School, is
located 0.7 miles to the east of the subject property along West Balboa Boulevard. The
nearest day care center, Children’s Center by the Sea, is approximately 0.6 miles to the
east along West Balboa Boulevard. The proposed use is surrounded by other
commercial, retail, and office uses on the ground level.
With due consideration of all surrounding uses, staff, including the Police Department, do
not believe the applicant’s request will generate additional nuisances to the area with the
use being subject to the conditions of approval provided in the draft resolution .
d)The proximity of the other establishments selling alcoholic beverages for either
off-site or on-site consumption.
The location of the establishment is in close proximity to several establishments with
alcohol licenses on the Balboa Peninsula including the Stag Bar, Rockin’ Baja Lobster,
21 Oceanfront Restaurant, The Blue Beet, and Baja Sharkeez, among others. All of these
establishments have late-night and early-morning hours, and most are also are open for
breakfast. The RD 15 statistics indicate an over-concentration of alcohol licenses within
this statistical area.
Census Tract Active ABC
Licenses
Active ABC Licenses Per
Capita
Subject Census Tract (635) 91 1 per 63 residents
Adjacent Census Tract (628) 40 1 per 106 residents
Adjacent Census Tract (636.03) 9 1 per 691 residents
Adjacent Census Tract (634) 47 1 per 102 residents
Newport Beach 461 1 per 185 residents
The per capita ratio of one license for every 63 residents is higher than all adjacent census
tracts and the average citywide ratio. This is due to the higher concentration of
commercial land uses, many of them visitor-serving, and lower number of residential
properties in the RD 15 area. While the proposed establishment is located in close
proximity to other establishments selling alcoholic beverages, staff believes the physical
and operational characteristics of the proposed establishment would make the
continuation of alcoholic beverage sales appropriate at this location. Again, staff and the
Police Department, believe the expanded privileges requested, subject to the proposed
conditions of approval, should not prove detrimental to the area considering th e number
and proximity of nearby establishments that serve alcohol.
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e)Whether or not the proposed amendment will resolve any current objectionable
conditions.
Expanding the privileges of the existing establishment will allow the restaurant to diversify
its offerings as a convenience to its patrons. There are no current objectionable conditions
to resolve through approval of this Conditional Use Permit.
Parking Requirement
The existing restaurant was developed without any on-site parking and it is considered
legal nonconforming in this aspect.
Pursuant to Section 20.40.060 (Parking Requirements for Food Service Uses) of the
Zoning Code, the eating and drinking establishment use classification r equires one
parking space for each 30 to 50 square feet of net public area depending on specific
design characteristics, operational characteristics, and the location of the establishment.
As there is no change to the interior or outdoor net public areas, there is no increase to
the parking requirement. The earlier opening hour could increase parking demand in the
morning. The availablility of parking in the McFadden Square and Oceanfront parking lots
should easily accommodate employees and patrons as parking demand before lunch is
typically low.
Conditional Use Permit Findings
In accordance with NBMC Section 20.48.030 (Alcohol Sales), the Planning Commission
must make the following finding for approval of a new alcoholic beverage license:
1.The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales
of the Zoning Code.
The draft resolution includes conditions of approval and a requirement to obtain an Operator
License administered by the Police Department to help prevent alcohol-related problems
and minimize the potential effects of noise on neighboring residents to preserve the health
and safety of residents and other businesses in the neighborhood.
In accordance with NBMC Section 20.52.020 (Conditional Use Permits and Minor Use
Permits), the Planning Commission must also make the following findings for approval of
a conditional use permit:
1.The use is consistent with the General Plan and any applicable specific plan.
2.The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
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3. The design, location, size, and operating characteristics of the use are compatible
with the allowed uses in the vicinity.
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.
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or 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.
The proposed use is consistent with the General Plan, Local Coastal Program Coastal
Land Use Plan, and Zoning Code as indicated above.
The draft resolution includes conditions of approval designed to limit and/or avoid
objectionable conditions due to noise, trash, deliveries, and alcohol service. The hours of
operation are comparable to and compatible with uses in the McFadden Square area, in
staff’s opinion. Although the applicant proposes live entertainment, the applicant does not
propose dancing, thereby reducing the probability for the establishment to evolve into a
bar. Furthermore, staff recommends limiting any live entertainment to acoustic acts only,
which will reduce potential noise impacts.
The establishment’s location, in the heart of a commercial area within the Balboa
Peninsula, is appropriate for an operation with extended hours of operation with alcohol
sales and service. Alcohol sales and service will be provided as a convenience to the
public and the expanded food service to include breakfast provides an additional choice
for residents and visitors.
Staff believes sufficient facts exist in support of each finding. The operation of an eating
and drinking establishment is consistent with the purpose and intent of the Mixed -Use
Water Related (MU-W2) land use designation of the General Plan. The MU-W2
designation applies to waterfront properties in which marine -related uses may be
intermixed with general commercial, visitor-serving commercial, and residential dwelling
units on the upper floors. Eating and drinking establishments can be expected to be found
in this area and are complementary to the surrounding commercial uses. Additionally, the
earlier opening hour will allow the establishment to serve breakfast and coffee ,
diversifying the existing eating and drinking establishment use.
The project has been reviewed and conditioned to ensure that potential conflicts with the
surrounding land uses are minimized to the extent possible to maintain a healthy
environment for both residents and businesses. To help ensure that the expansion of the
establishment does not create a detrimental impact during late hours, the operator will be
required to secure an Operator License and to take reasonable steps to discourage and
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correct objectionable conditions that constitute a nuisance to areas surrounding the
establishment. Should the operator be unable to abide by the conditions of approval or
prevent objectionable conditions from occurring, the Police Department will have the
authority to modify, suspend, or revoke the operator’s ability to maintain late-hour
operations.
Staff, including the Police Department, supports the closing time of 1:30 a.m. for the
eating and drinking establishment and related outdoor dining area. The location of the
outdoor dining area will help limit exterior noise impacts given the orientation of the
building facing the Newport Pier beach area and the West Ocean Front Park ing Lot.
Possible noise impacts for the interior of the eating and drinking establishment will be
diminished because dancing is not proposed. The opening and closing hours for the
establishment are compatible with other eating and drinking establishments in the area.
Summary and Alternatives
Staff believes the findings for approval can be made, especially when the live entertainment
offerings are limited to only acoustic sets with no amplification and are further required to
cease by 11 p.m., as conditioned. Staff, including the Police Department, supports the
balance of the applicant’s request, which includes changing the operational hours to 6 a.m.
to 1:30 a.m., daily (year-round), allowing an earlier happy hour promotion (before 9 p.m.),
and allowing a limited retail sales component for off-sale alcohol that will remain accessory
to the restaurant with no retail display allowed. The facts in support of the required findings
and all recommended conditions of approval are presented in the draft resolution
(Attachment No. PC 1).
The following alternatives are available to the Planning Commission should they feel the
facts are not in evidence of support for the project application:
1.The Planning Commission may suggest specific operational changes that are
necessary to alleviate any concerns. If any additional requested changes are
substantial, the item could be continued to a future meeting. Should the Planning
Commission choose to do so, staff will return with a revised resolution
incorporating new findings and/or conditions.
2.If the Planning Commission believes that there are insufficient facts to support the
findings for approval, the Planning Commission should deny the application and
provide facts in support of denial to be included in the attached draft resolution for
denial (Attachment No. PC 2).
Environmental Review
Staff recommends that the Planning Commission find that the project is categorically
exempt under Section 15301, of the California Environmental Quality Act (CEQA)
Guidelines - Class 1 (Existing Facilities). Class 1 exempts projects involving negligible or
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no expansion of a use including but not limited to interior or exterior alterations involving
such things as interior partitions, plumbing, and electrical conveyances. The proposed
project is limited to operational changes of an existing restaurant space.
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 by: Submitted by:
_____________________
Benjamin M. Zdeba, AICP
Senior Planner
__________________________________
James Campbell
Deputy Community Development Director
ATTACHMENTS
PC 1 Draft Resolution for Approval
PC 2 Draft Resolution for Denial
PC 3 Applicant’s Project Description and Justification
PC 4 Police Department Memorandum
PC 5 Reporting District Map
PC 6 Project Plans
:\Users\bzdeba\Downloads\Staff_Report_Master_Template (6).docx
01/12/18
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Attachment No. PC 1
Draft Resolution for Approval
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RESOLUTION NO. PC2020-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2019-050 TO ALLOW A
CHANGE IN THE HOURS OF OPERATION, HAPPY HOUR, THE
SALE OF ALCOHOL FOR OFF-SITE CONSUMPTION, AND LIVE
ENTERTAINMENT FOR AN EXISTING RESTAURANT LOCATED
AT 111 21ST PLACE (PA2019-162)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by il Farro Caffe & Restaurant, Inc. dba il Farro Restaurant
(“Applicant”), with respect to property located at 111 21st Place, and legally described as
Lot 17 and a Portion of the Abandoned Street in Block 21 of Tract No. 512 (“Property”),
requesting approval of a conditional use permit.
2. The Applicant requests to amend the currently effective Use Permit No. UP3690 and
Outdoor Permit No. OD0032 in order to change operational restrictions for an existing
restaurant. The Applicant specifically requests the following: (1) to change the allowed
hours of operation to 6 a.m. to 1:30 a.m., daily, with alcohol service not beginning until 11
a.m.; (2) to allow a happy hour prior to 9 p.m.; (3) to allow the sale of alcohol for off-site
consumption on a limited basis with a Type 21 Alcoholic Beverage Control (“ABC”)
License; and (4) to allow limited live entertainment (“Project”).
The Property is designated by the City of Newport Beach General Plan Land Use Element
and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (“NBMC”) as
Mixed Use Water Related (MU-W2).
3. The Property is located within the coastal zone. The City of Newport Beach Local Coastal
Program Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is
within the Mixed-Use Water Related (MU-W2) Coastal Zoning District under Title 21 (Local
Coastal Program Implementation Plan) of the NBMC. The present use of the Property is a
restaurant. There is no physical expansion proposed as part of the Project nor is there any
change proposed that is anticipated to significantly change the intensity of the existing use;
therefore, a coastal development permit is not required.
4. A public hearing was held on , 2020, 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 California Government Code Section 54950 et seq. (“Ralph M.
Brown Act”), Chapter 20.62 of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.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, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2.The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansi on of use. The
Project is limited to operational changes and aesthetic upgrades to the interior of the
existing restaurant space.
SECTION 3. REQUIRED FINDINGS.
Conditional Use Permit Findings
In accordance with Section 20.52.020(F) (Use Permit, Required Findings) of the NBMC, 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 General Plan land use designation for the Property is MU-W2. The MU-W2
designation applies to waterfront properties in which marine-related uses may be
intermixed with general commercial, visitor-serving commercial, and residential dwelling
units on the upper floors. The eating and drinking establishment is consistent with this
land use designation. Eating and drinking establishment uses can be expected to be
found in this area and similar locations and are complementary to the surrounding
commercial and residential uses.
2.Inasmuch as the proposed application will not result in an increase in the floor area ratio,
the project is consistent with the Land Use Element development limitations.
3.The Project is consistent with General Plan Land Use Policy LU6.8.2 (Component
Districts), which emphasizes that McFadden Square should be utilized as one of the
primary activity centers within the City. Changing the operational characteristics of the
existing eating and drinking establishment to allow an earlier opening hour for coffee and
breakfast service and to allow limited alcohol sales for off-site consumption help to diversify
the use and provide an additional visitor- and local-serving convenience.
4.Eating and drinking establishments are common in the vicinity along the Balboa
Peninsula and are frequented by visitors and residents. The establishment is compatible
with the land uses permitted within the surrounding neighborhood.
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5.The Property is not part of a specific plan area.
Finding:
B.The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
1.The Property is located in the MU-W2 Zoning District. The MU-W2 applies to waterfront
properties in which marine-related uses may be intermixed with general commercial,
visitor-serving commercial and residential dwelling units on the upper floors . Food
service uses are permitted subject to the approval of either a minor or a conditional use
permit.
2.A restaurant has been operating at the Property since 1991. The proposed changes will
diversify the use by allowing the opportunity for the Applicant to serve coffee and
breakfast and to allow patrons to purchase wine for off -site consumption with their
meals.
3.The Property does not provide on-site parking, but the proposed changes are not
anticipated to change the parking demand significantly. The McFadden Square area is
adequately served by the two adjacent municipal lots throughout most of the year and
the close proximity to multiple commercial uses and coastal resources will result in
shared trips to the project site and surrounding area.
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 operation of the eating and drinking establishment will be restricted to the hours
between 6 a.m. to 1:30 a.m., daily, with alcohol sales and service not commencing until 11
a.m., daily. The hours are compatible with other late night eating and drinking
establishments in the area.
2.A restaurant has been operating in this location since 1991. The design of the restaurant
space, its operation, and the location have all proven to be compatible with the vibrant
McFadden Square entertainment area.
3.The Project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the eating and drinking
establishment is located approximately 10 feet from residential units across the alley to
the north, the building is oriented toward the adjacent multi-tenant commercial structure
and the parking lot, away from the nearby mixed-use structures. The existing outdoor
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dining area is bounded by a wrought iron guardrail. Activity from the establishment will
be buffered from the residential uses across 22 nd Street. The Applicant is also required
to control trash and litter around the Property.
4.The restrictions on the proposed live entertainment to only allow acoustic sets and to
cease any live entertainment by 11 p.m. are intended to help ensure there are no noise
impacts to any surrounding sensitive land uses.
5.The operational conditions of approval recommended by the Newport Beach Police
Department relative to the sale of alcoholic beverages, including an Operator License,
will help ensure compatibility with the surrounding uses and minimize alcohol related
impacts. The project has been conditioned to ensure the welfare of the surrounding
community.
6.The Property is located in a relatively dense area with multiple uses within a short
distance of each other. The McFadden Square area is conducive to a significant amount
of walk-in patrons. The area experiences parking shortages in the day time during the
summer months, but parking is typically available during the rest of the year. Two (2)
municipal parking lots and on-street parking are available in the area to accommodate the
proposed use in the off-season months.
7.The Project is not expected to noticeably change the parking demand in the McFadden
Square area.
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.
Facts in Support of Finding:
1.The Project is located within an existing commercial building. The existing tenant space
is designed and developed for an eating and drinking establishment. The design, size,
location, and operating characteristics of the use are compatible with the surrounding
neighborhood.
2.Adequate public and emergency vehicle access, public services, and utilities are
provided to the Property. The proposed operational changes to the res taurant would
not impact public services or utilities.
3.The Public Works Department and Life Safety Services (Fire) Division have reviewed
the application and have no concerns regarding the operation.
4.Any tenant improvements to the Project will comply with all Building, Public Works, and
Fire Codes. All ordinances of the City and all conditions of approval will be complied
with.
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Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or 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 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 establishment will provide an expanded offering of coffee and breakfast items, as
well as the sale of alcoholic beverages as a public convenience to the surrounding
neighborhood and visitors to the area. This will help continue to revitalize the project site
and provide an economic opportunity for the property owner to update the retail tenant
and service, which best serve the quality of life for the surrounding visitor - and local-
serving community.
3. The Project is located in a district that is subject to a captive market, which results in
shared trips, different peak periods for a variety of land uses, and a high level of
pedestrian and bicycle activity. These characteristics reduc e the demand of the
expanded eating and drinking establishment and the number of parking spaces required
to serve the proposed use. Adequate parking is provided in the nearby municipal lots in
the off-season months and summer weekdays to accommodate the proposed use.
4. The existing outdoor dining area is facing southeastward towards the adjacent multi-
tenant commercial building and the public parking lot .
Alcohol Sales Finding
In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Planning Commission
must make the following finding for approval of a new alcoholic beverage license:
Finding:
F. 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 NBMC Section 20.48.030 of the Zoning
Code, the following criteria must be considered:
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i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
1. The Property is located in Reporting District (RD) 15, which includes most of the
commercial establishments for the Balboa Peninsula south of Coast Highway and 20th
Street. The Police Department is required to report offenses of Part One Crimes
combined with all arrests for other crimes, both felonies and misdemea nors (except
traffic citations) to the Department of Alcoholic Beverage Control. Part One Crimes are
the eight (8) most serious crimes defined by the FBI Uniform Crime Report: criminal
homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and
arson. RD 15 is considered a higher crime area, as compared to other reporting districts
in the City. The RD 15 crime count is 614, which is 357 percent over the Citywide crime
count average of 140. The higher crime rate within this reporting district is largely due
to the number of visitors to the Balboa Peninsula, the high concentration of restaurants,
visitor-serving uses, and the high ratio of nonresidential to residential uses in RD 15. In
comparison, RD 13 is 23 percent over the Citywide average, RD 12 is 9 percent over
the Citywide average, and RD 16 is 91 percent over the Citywide average.
2. While the proposed project is located in an area that has a high concentration of alcohol
licenses, staff feels it is acceptable to allow the proposed expansion of the privileges of
the current establishment. The expanded privileges would provide enhanced
opportunities for customers and could improve the viability of the business. The Police
Department does not object to this project as conditioned and the business would be
required to obtain an Operator License.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. RD 15 had a higher percentage of alcohol-related crimes in 2019, compared to all
adjacent reporting districts; however, this is to be expected given that this figure includes
driving under the influence (DUI), public intoxication, and liquor law violations, and the
area is highly concentrated with commercial establishments. From January 1, 2019,
through December 31, 2019, the Police Department reported no Part One Crime
incidents and one Part Two Crime incident. None of the calls received were a result of
over-service of alcohol or neglect in responsibility by the applicant.
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 Project site is located in a mixed-use zoning district, which allows for residential
uses when intermixed with nonresidential uses. Although not a residential use, there is
a boutique hotel (Doryman’s Inn) immediately across 21 st Place, above Rockin’ Baja
Lobster and 21 Oceanfront restaurants. The nearest residential district is located
approximately 350 feet east of the project site, halfway down Court Avenue. The nearest
residential units are located 10 feet across the rear alley to the northeast of the subject
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property in a mixed-use building. The existing restaurant is separated from nearby
residences due to the orientation of the tenant space, which faces the adjoining
commercial buildings across the 21st Place right-of-way and the public parking lot. The
nearest recreational facilities, the beach and the Newport Pier, are located
approximately 260 feet to the southwest of the subject property. The nearest church,
Our Lady of Mount Carmel Church, is located approximately 0.5 miles to the east of the
subject property along West Balboa Boulevard. The nearest school, Newport
Elementary School, is located 0.7 miles to the east of the subject property along West
Balboa Boulevard. The nearest day care center, Children’s Center by the Sea, is
approximately 0.6 miles to the east along West Balboa Boulevard. The proposed use is
surrounded by other commercial, retail, and office uses on the ground level.
iv.The proximity to other establishments selling alcoholic beverages for either off -site or on-
site consumption.
1.The location of the establishment is in close proximity to several establishments with
alcohol licenses on the Balboa Peninsula including the Stag Bar, Rockin’ Baja Lobster,
21 Oceanfront Restaurant, The Blue Beet, and Baja Sharkeez, among ot hers. All of
these establishments have late-night and early-morning hours, and most are also are
open for breakfast. The RD 15 statistics indicate an over-concentration of alcohol
licenses within this statistical area.
2.The per capita ratio of one license for every 63 residents is higher than all adjacent
census tracts and the average citywide ratio. This is due to the higher concentration of
commercial land uses, many of them visitor-serving, and lower number of residential
properties in the RD 15 area. While the proposed establishment is located in close
proximity to other establishments selling alcoholic beverages, staff believes the physical
and operational characteristics of the proposed establishment would make the
continuation of alcoholic beverage sales appropriate at this location. Staff, including the
Police Department, believes the expanded privileges requested, subject to the included
conditions of approval, should not prove detrimental to the area considering the number
and proximity of nearby establishments that serve alcohol.
v.Whether or not the proposed amendment will resolve any current objectionable conditions.
1.Expanding the privileges of the existing establishment will allow the restaurant to diversify
its offerings as a convenience to its patrons. There are no current objectionable conditions
to resolve through approval of this Conditional Use Permit.
Additional Considerations
In accordance with 20.48.090 (Eating and Drinking Establishments), the review authority shall
make the following considerations when reviewing an application to allow an eating or drinking
place to sell, serve, or give away alcohol:
i.Evaluate the potential impacts upon adjacent uses outlined in subsection (F)(3)(a) of
this section (Late-Hour Operations). For the purposes of this subsection, “adjacent uses”
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shall mean those uses within one hundred (100) feet of the proposed use, as measured
between the nearest lot lines;
1. See facts in support of Finding F.
ii. Consider the proximity to other establishments selling alcoholic beverages for either off -
site or on-site consumption;
1. See facts in support of Finding F.iii.
iii. Make the findings in Section 20.48.030(C)(3) (Alcohol Sales—Off-Sale).
1. See facts in support of Finding F.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2019-050, subject to the conditions set forth in Exhibit “A,” which is attached
hereto and incorporated by reference.
3. 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 NBMC Title 20 Planning and Zoning.
4. This Resolution supersedes Use Permit No. UP3690 and Outdoor Dining Permit No.
OD0032, which upon vesting of the rights authorized by this Conditional Use Permit,
shall become null and void. However, the vested rights granted by Use Permit No.
UP3690 and Outdoor Dining Permit No. OD0032 shall continue and are incorporated
into this Conditional Use Permit.
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PASSED, APPROVED, AND ADOPTED THIS
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowrey, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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. Conditional Use Permit No. UP2019-050 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the NBMC, 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
Conditional Use Permit.
5. This Conditional Use Permit may be modified or revoked by the City Council or 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 oper ated 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, may require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
7. 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 eith er the
current business owner, Property owner or the leasing agent.
8. Prior to the issuance of any building permit, the Applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
9. A copy of this approval letter shall be incorporated into the Building Divi sion and field
sets of plans prior to issuance of the building permits.
10. Prior to the issuance of any building permit, the Applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the
Conditional Use Permit file. The plans shall be identical to those approved by all City
departments for building permit issuance. The approved copy shall include architectural
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sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall
accurately depict the elements approved by this Conditional Use Permit and shall
highlight the approved elements such that they are readily discernible from other
elements of the plans.
11.The accessory outdoor dining area shall be used in conjunction with the re lated adjacent
food establishment and shall be limited to a maximum of 179 square feet.
12.The seating within the accessory dining area shall be in substantial conformance with
the approved outdoor dining plan entitled “Outdoor Dining Permit No. 32, Detail Seating
Plan.” The approved outdoor dining area shall be located on a solid surface in
accordance with this approved seating plan.
13.The use of umbrellas only for sunshade purposes shall be permitted; however, awnings
or other covering over the dining area shall be prohibited, unless otherwise approved by
an amendment to this Conditional Use Permit and may also be subject to the approval
of the Public Works Department.
14.There shall be no use of the accessory outdoor dining area separate from the interior of
the restaurant.
15.All furn iture, tables, or chairs shall not extend more than 10 feet from the face of the
building into the public right-of-way.
16.A minimum 10-foot clear pedestrian pathway shall be provided between any vertical
obstructions (i.e., light standards, parking meters, walls, furniture or chairs), unless
otherwise approved by the Public Works Department. Umbrellas may not encroach
beyond the dining area into the public right-of-way.
17.The hours of operation for the eating and drinking establishment shall be limited to the
hours between 6 a.m. and 1:30 a.m., daily. All customers shall vacate the establishment
no later than 30 minutes following this closing time . Alcohol sales and service shall not
commence prior to 11 a.m., daily.
18.The use of elevated counters, tables, and barstools are prohibited in the outdoor patio
area.
19.Alcoholic beverage sales from drive-up or walk-up service windows are prohibited.
20.The removal or relocation of tables, chairs, stools, or other furniture to accommodate an
area for standing or dancing shall be prohibited.
21.This approval is for a food service, eating and drinking establishment (i.e., a restaurant).
The off-sale alcohol component authorized by a Type 21 (Off-Sale General) ABC license
shall remain incidental to the restaurant operation. There shall be no retail display of
alcohol allowed that is visible from outside the restaurant.
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22. There shall be no reduced price alcoholic beverage promotions after 9 p.m.
23. Food sales from the walk-up service windows shall be prohibited after restaurant
closing.
24. Alcoholic beverage sales from the walk-up service windows shall be prohibited.
25. 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.
26. All proposed signs shall be in conformance with applicable provisions of NBMC Chapter
20.42 (Signs).
27. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting) of
the NBMC. The Community Development Director may order the dimming of light
sources or other remediation upon fin ding that the site is excessively illuminated. If
outdoor lighting is proposed, the Applicant shall submit a photometric survey as part of
the plan check to verify illumination complies with the Zoning Code standards.
28. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 of the NBMC. Pre-recorded music may be
played in the tenant space, provided exterior noise levels outlined below are not
exceeded. The noise generated by the proposed use shall comply with the provisions
of Chapter 10.26 of the NBMC. The maximum noise shall be limited to no more than
depicted below for the specified time period unless the ambient noise level is higher:
Between the hours of Between the hours of
7 a.m. and 10 p.m. 10 p.m. and 7 a.m.
interior exterior interior exterior
Measured at the property line of
commercially zoned property: N/A 65 dBA N/A 60 dBA
Measured at the property line of
residentially zoned property: N/A 60 dBA N/A 50 dBA
Residential property: 45 dBA 55 dBA 40 dBA 50 dBA
29. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the facility.
30. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the
hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on
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Saturday. Noise-generating construction activities are not allowed on Saturdays,
Sundays or Holidays.
31. 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 nece ssary 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).
32. 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. Graffiti shall be
removed within 48 hours of written notice from the City.
33. Prior to final of the building permits, the Applicant shall prepare and submit a practical
program for controlling litter, spills, and stains resulting from the use on the site and
adjacent areas to the Planning Division for review. The building permit shall not be
finaled and use cannot be implemented until that program is approved. The program
shall include a detailed time frame for the policing and cleanup of the public sidewalk
and right-of-way in front of the subject property as well as the adjacent public right-of-
way (25 feet north and south of the subject property) not just in front of the subject tenant
space. Failure to comply with that program shall be considered a violation of the use
permit and shall be subject to administrative remedy in accordance with Chapter 1.05
of the NBMC that includes issuance of a citation of violation and monetary fines.
34. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 8 a.m., daily, unless otherwise approved by the Community Development
Director, and may require an amendment to this Conditional Use Permit.
35. All doors and windows of the facility shall remain closed after 11 p.m., daily, except for the
ingress and egress of patrons and employees.
36. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the trash container on pick-up days.
37. 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 il Farro Caffe Trattoria Use Permit Amendment including, but not limited to,
the Conditional Use Permit No. UP2019-050 (PA2019-162). 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
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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
38. The operator of the establishment shall secure and maintain an Operator License pursuant
to NBMC Chapter 5.25.
39. The Operator License required to be obtained pursuant to Chapter 5.25 of the NBMC, may
be subject to additional and/or more restrictive conditions such as a security plan to
regulate and control potential late-hour nuisances associated with the operation of the
establishment.
40. The Applicant shall maintain a security recording system with a 30-day retention and make
those recordings available to the Police Department upon request.
41. A comprehensive security plan for the eating establishment shall be submitted for review
and approval by the Newport Beach Police Department. The procedures included in the
security plan shall be implemented and adhered to for the life of the Conditional Use
Permit.
42. The approval is for the operation of il Farro Caffe Trattoria, a food service, eating and
drinking establishment with late hours, outdoor dining, and on -sale and off-sale alcoholic
beverage service. The type of alcoholic beverage licenses issued by the California
Board of Alcoholic Beverage Control shall be a Type 47 (On-Sale General – Eating
Place), a Type 58 (Caterer) and a Type 21 (Off -Sale General) in conjunction with the
restaurant as the principal use of the facility. The off-sale component shall remain
incidental and accessory to the principal use.
43. Approval does not permit the premises to operate as a ba r, tavern, cocktail lounge or
nightclub as defined by the NBMC.
44. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
45. There shall be no amplified live entertainment allowed on the premise. Live
entertainment shall be limited to acoustic sets only and shall cease by 11 p.m., daily.
46. There shall be no dancing allowed on the premises.
47. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
48. The service and sale of packaged alcoholic beverages (i.e., bottled or canned) on the
outdoor dining area shall be prohibited.
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49. Food service from the regular menu shall be made available to patrons until closin g.
50. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Newport Beach Police Department upon request.
51. 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 be verages of
the licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Newport Beach Police Department on demand.
52. 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.
53. 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.
54. There shall be no on-site radio, televisions, 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.
55. 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 NBMC to require such
permits.
56. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale
of drinks is prohibited (excluding charges for prix fixe meals).
57. 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
Planning Commission Resolution No. PC2020-010
Page 16 of 16
01-25-19
58. Strict adherence to maximum occupancy limits is required.
Building Division
59. The Applicant is required to obtain all applicable permits from the City’s Building Division
and Fire Department. A building permit is required to allow the change in use to an eating
and drinking establishment. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Complete sets of drawings including
architectural, electrical, mechanical, and plumbing plans shall be required at plan check.
60. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
34
Attachment No. PC 2
Draft Resolution for Denial
35
INTENTIONALLY BLANK PAGE36
RESOLUTION NO. PC2020-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL
USE PERMIT NO. UP2019-050 TO ALLOW A CHANGE IN THE
HOURS OF OPERATION, HAPPY HOUR, THE SALE OF
ALCOHOL FOR OFF-SITE CONSUMPTION, AND LIVE
ENTERTAINMENT FOR AN EXISTING RESTAURANT LOCATED
AT 111 21ST PLACE (PA2019-162)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by il Farro Caffe & Restaurant, Inc. dba il Farro Restaurant
(“Applicant”), with respect to property located at 111 21st Place, and legally described as
Lot 17 and a Portion of the Abandoned Street in Block 21 of Tract No. 512 (“Property”),
requesting approval of a conditional use permit.
2.The Applicant requests to amend the currently effective Use Permit No. UP3690 and
Outdoor Permit No. OD0032 in order to change operational restrictions for an existing
restaurant. The Applicant specifically requests the following: (1) to change the allowed
hours of operation to 6 a.m. to 1:30 a.m., daily, with alcohol service not beginning until 11
a.m.; (2) to allow a happy hour prior to 9 p.m.; (3) to allow the sale of alcohol for off-site
consumption on a limited basis with a Type 21 Alcoholic Beverage Control (“ABC”)
License; and (4) to allow limited live entertainment (“Project”).
The Property is designated by the City of Newport Beach General Plan Land Use Element
and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (“NBMC”) as
Mixed Use Water Related (MU-W2).
3.The Property is located within the coastal zone. The City of Newport Beach Local Coastal
Program Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is
within the Mixed-Use Water Related (MU-W2) Coastal Zoning District under Title 21 (Local
Coastal Program Implementation Plan) of the NBMC. The present use of the Property is a
restaurant. There is no physical expansion proposed as part of the Project nor is there any
change proposed that is anticipated to significantly change the intensity of the existing use;
therefore, a coastal development permit is not required.
4.A public hearing was held on , 2020, 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 California Government Code Section 54950 et seq. (“Ralph M.
Brown Act”), Chapter 20.62 of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing.
37
April 23
Planning Commission Resolution No. PC2020-010
Page 2 of 3
01-25-19
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
SECTION 3. REQUIRED FINDINGS.
The planning Commission may approve a use permit only after making each of the five (5)
required findings set forth in Subsection 20.52.020(F) (Findings and Decision) of the NBMC. In
this case, the Planning Commission was unable to make the required findings based upon the
following:
Findings for Conditional Use Permit:
A.The use is consistent with the General Plan and any applicable specific plan.
B.The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
C.The design, location, size, and operating characteristics of the use are c ompatible with
the allowed uses in the vicinity.
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.
E.Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or 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 Not in Support of Findings:
1.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby denies Conditional Use
Permit No. UP2019-050.
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 NBMC Title 20 Planning and Zoning.
38
Planning Commission Resolution No. PC2020-010
Page 3 of 3
01-25-19
PASSED, APPROVED, AND ADOPTED THIS
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowrey, Secretary
39
23RD DAY OF APRIL, 2020.
INTENTIONALLY BLANK PAGE40
Attachment No. PC 3
Applicant’s Project Description and
Justification
41
INTENTIONALLY BLANK PAGE42
43
44
PA2019-162
TO:
FROM:
LOCATION:
SUBJECT:
DESCRIPTION:
REQUEST:
il FARRO
~FFE TRATTORIA
II FARRO CAFFE TRATTORIA
GREGG RAMIREZ
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF NEWPORT BEACH
Domenico Maurici
Proprietor, ii Farro Gaffe & Restaurant Inc.
d.b.a Gaffe ii Farro
mail@i lfarro.com
714.662.0606
https ://www.ilfarro .com/
111 21st Place Newport Beach, CA 92663
Alcohol Beverage License -Use Permit No. 3690
August 2019
An application request to upgrade an existing alcohol license
Domenico Maurici, Proprietor of II Farro Gaffe & Restaurant Inc. (OBA
Gaffe ii Farro) located at 111 21 st Place in Newport Beach CA 92663
would like to request an upgrade to the existing Use Permit No. 4 7-
3690 to modify the following current restrictions:
Condition No. 14 -Modify alcohol license to include year-round, daily
hours of operation to begin at 6:00am to allow establishment to open
for breakfast and host private culinary events with alcohol beverage
service to begin at 11 :00am.
Condition No. 1 -Modify alcohol license to allow "happy hour"
promotion, and upgrade the establishment's service bar.
Condition No. 7 -Modify alcohol license to include the sale of alcohol
beverages for consumption off the premises in response to the
ongoing request of loyal patrons who would like to purchase a
premium bottle of wine from the establishment's renowned wine list
menu as well as stay relevant and profitable in the highly competitive
online sales , digital sector and culinary industry. There will be no retail
display set up inside the establishment.
Il Farro Caffe Trattoria 111 21st Place Newport Beach CA 92663
phone 949-723-5711 fax 949-723-5825 email mail@ilfarro.com www.ilfarro.com 45
PA2019-162
Page 2
il FARRO
Condition No. 11 -Modify alcohol license to allow limited live music
for private culinary events only and allow on request of patrons the
opportunity to include a DJ, or single musician to entertain their private
party from 11 :00am-11 :00pm for background entertainment while
dining. There will be no change of restaurant establishment floor plan.
Mr. Maurici would like to expand the off-site sales division of II Farro
Gaffe & Restaurant Inc through the use of his web site to offer online
sales of exclusive Wines from Italy to his patrons. These items are
requested by his patron and many of these products are rare, unique
and not available for purchase in the state of California.
Currently, the use of the Internet as a sales and marketing tool is
becoming widespread in the alcoholic beverage industry. In the retail
sector, Internet-based companies currently with little or no physical
presence in California are seeking to offer alcoholic beverages for sale
to consumers in this City and state .
This request is to upgrade the existing alcohol license to permit the
online retail sale and limited shipment of wine and spirit beverages to
il Farro Gaffe & Restaurant Inc. for off-site consumption in conjunction
with the existing restaurant.
Mr. Maurici is open to conditions on this request as his intent is to sell
online . The use of the Internet as a sales and marketing tool is
becoming widespread in the alcoholic beverage industry. In addition to
providing increased sales tax revenue to the City and State, Mr.
Maurici feels this opportunity will better allow his business to remain
profitable in a highly competitive market. All processed and fulfilled
online orders will comply with all applicable laws and rules, which
include storage, delivery and recordkeeping requirements.
Thank you in advance for your thoughtful consideration.
Very Truly Yours,
Domenico Maurici, Proprietor
IL FARRO GAFFE & RESTARUANT INC.
cc: James Campbell, City of Newport Beach
Mayor, Diane Dixon, City of Newport Beach
Council Member, Brad Avery
Department of Alcoholic Beverage Control, State of California
Il Farro Caffe Trattoria 111 21st Place Newport Beach CA 92663
phone 949-723-5711 fax 949-723-5825 email mail@ilfarro.com www.ilfarro.com 46
PA2019-162
i1 FARRO
47
PA2019-162
. FFE
48
PA2019-162ANTIPASTINI -STARTERS MOZZARELLA CAPRESE 12 fresh mozzarella cheese with sliced fresh tomato, basil ·& extra virgin olive oil. BRUSCHETIA PRIMAVERA 10 Toasted garlic brushed farro bread with provolone, fresh tomato, olives, red onion, basil, home Italian balsamic dressing. CARPACCIO DI BUE 13 Thin slices of raw beef filet with arugula and shaved Parmesan cheese in a lemon dressing. SHIITAKE FRITII AL TARTUFO 15 Fried SHIITAKE mushrooms and 24 months age Parmesan cheese. FRITIURA MISTA 16 Fried Calamari, tiger shrimps and zucchini with a spicy tomato sauce. POLIPO ALLA MEDITERRANEA 16 Octopus salad, fingerling potato, cherry tomatoes with mix green lemon dressing. BURRATA CON RUCOLA 13 Fresh stuffed mozzarella with arugula and cherry tomato in a olive oil Extra virgin olive oil, balsamic vinegar. TIMBALLO DI MELANZANE PARMICiGIANA 12 Babed Eggplant, parmigiano Reggiano, mozzarella, San marzano tomatoes basil sauce. AFFfflATO MISTO 14 A selection of imported Italian cured salami & cheeses, prosciutto, soppressata, mortadella and mix itallan imported cheeses. ZuPPE -SouP'S ZUPPA DEL CilORNO -Soup of the day. 9 V MINESTRONE -Mix fresh vegetables soup. 9 · ZUPPA DI FARRO 9 Homemade Farro with fresh tomato Roma, bacon and vegetables. Pasta Fagioli e FARRO 9 Traditional Italian bean soup with pasta, bacon and Farro grain. *INSALATE -SIDE SALADS V DELLA CASA 9 House mix spring lettuce, home balsamic dressing. V INSALATA CALABRESE 10 Fresh sliced tomatoes, cucumber, red onion, fresh Fennel & basil, Italian dressing. DI CESARE 12 Romaine lettuce, garlic crutones and Parmisan cheese in a house caesar dressing. IL FARRO FETA 13 Mixed spring lettuce with Farro grain, chopped tomatoes ca i::. fet r:he"'. e.-bome balsamic dressing · ---DI POMODORI E CAVOC-0 . --13 Sliced tomatoes, baby kale, baby spinach, lettuce, bocconcini, cheese mozzarella, home balsamic dressing. ADD-Salmon $10 (4oz.) Chlcben $6 Shrimp $10 (3) Italian cold cuts $7 PASTE -PASTA'S CiLUTEN FREE PASTA, available with any sauce, add $5 DRY PASTA V SPACiHETTI AL POMODO.RO E BASILICO or BOLOCiNESE Spaghetti pasta with tomato basil sauce. 12 Spaghetti meat sauce 14 FETTUCCINE ALFREDO O AL PESTO DI BASILICO 15 ✓ Fettuccine pasta with Alfredo cream sauce or basil pesto cream sauce. \,.!ENNETIE PICCANTI . 17 Penne pasta with Italian sausages and red hot peppers in a fresh tomato sauce. BAVETIE ALLE VONCiOLE 21 Linguini pasta with fresh Manila clams, parsley, garlic in a white wine sauce or red sauce. {!IICiATONI FREDDA 16 Tubular pasta with eggplant Italian sausage marinara & red pepper. ELICHE TROPEANI 17 Spiral pasta with chicken, mushrooms, garlic in a pink sauce. LINCiUINE DEL PESCATORE. Linguine pasta with fresh catch 33 of the day, fresh manila clams, black mussels, calamari, bay & tiger shrimp, garlic, white wine, tomato basil sauce with a touch of red pC!l)_per. HAND MADe PASTA -RAVIOLI Di FORMACiGIO AL POMODORO O PESTO: Four Cheese Ravioli -With Marinara tomato basil 17 -With Pesto basil sauce 18 TORTELLINI P.P.P. 18 Homemade cheese tortellini with ham, peas, cream and Parmesan cheese. PAPPARDELLE AL •RAau• 22 Homemade egg pasta with meat Ragu sauce cooked slowly like the old Emilian tradition. CiNOCCHI DI PATATE ALLA SORRENTINA 18 Homemade potato gnocchi with tomato sauce and fresh mozzarella cheese. · GNOCCHI DI ZUCCA AL BURRO E SALVIA 18 A new trend in pasta, light potato dumpling filled with. baked pumpkin in a butter sage sauce with a touch of cream. RAVIOLI DI SPINACI AL ZAFFERANO 19 Homemade whole wheat ravioli filled with spinach & ricotta cheese in saffron sauce with asparagus & chopped tomatoes. LASACiNA TIPICA EMILIANA 17 Homemade fresh pasta sheets with meat sauce, bechamel, mozzarella & parmesan cheese. RAVIOU D'ARACiOSTA E CiRANCHIO ALL VODKA 28 Home hanct,nade ravioli filled with lobster, crab, ricotta cheese in a vodka sauce. FARRO SPECIALTIES Farro grain cooked like a risotto style 100% organic. Low gluten, low carb, high fiber. FARROTIO ALLA MILANESE 24 Farro grain with shrimp garlic, asparagus in a saffron turmeric cream. FARROTIO FORESTIERA 23 Chicken tender, spinach, mushrooms, asparagus, tomato, red onion, basil & parmesan cheese. FARROTIO CON SAUICCIA. 21 Italian sausages, fresh tomato, garlic, basil & parmesan cheese. \!ARRIW MAREE MONTI ARRABIATA 22 Spiral Farro pasta with shrimps and chopped tomatoes, SHIITAKE mushroom, red pepper, arugula & pecorino cheese. NEW DISH PREPARED TABLE SIDE \PASTA NELLA RUOTA: FARROTO CACIO PEPE 20 MALTAGLIATI DI SPINACI CACIO PEPE (spinach noodles)2O Sauteed in a buttered, black pepper, tossed in Parmesan cheese wheel table side. AIK ABGl!II SECONDI PIATII -MAIN COURSE MISTOPESCE Grilled mixed seafood with salmon, branzino, jumbo shrimp lemon garlic white wine sauce. Served with seasonal veggies. SALMONE GRIGLIATO CON FARRO E SALSA VELLUTATA Grilled salmon with farro grain sauteed In a garlic butter sauce. Served with seasonal veggies. FILETTI DI BRANZINO ALLA GRIGLIA Fllet of Mediterranean sea bass grilled with crumbled plstacchlo. · Served with a side of seasonal veggies. (ttbecause of the nature of this delicious small fish you may find small bones) CIOPPINO POSIUPO A delicious mix seafood dish, fresh blacll mussels, octopus, fresh manila clams, calamari, tiger shrimps, bay scallops, fish catch of the day, garlic, red pepper & fresh tomato in a white wine sauce, served with Farro crostlnl. MISTO CARNE Al PORCINI Mix grill of Rib-Eye steall, breast of chicllen & italian sausages with porclni mushroom sauce. Served with seasonal veggies. BISTECCA Al FUNGHI E RIDUZIONE DI SALSA ARROSTO Rib-Eye steall grilled with mushrooms sauteed in a Demi Glaze reduction. Served with a side of seasonal veggies. SCALOPPINE DI VITEUO AL MARSALA Pounded Veal top round with Porcini mushrooms in a Marsala wine sauce. Served with side of seasonal veggies. PICCATA DI POUO AL UMONE E CAPPERI Pounded chlcben breast with lemon cappers sauce. S.er-vlld wlth_a $.Ide. of seasonal veggies. ---c?~-~--ETTO DI POtto-A1l)('pl(RMIGf4NA' --· Pounded breaded chicllen breast with tomato sauce, mozzarella cheese then balled. Served with a side of seasonal veggies. PIZZA 33 24 28 35 33 32 20 19 PIZZA MARGHERITA 11 Mozzarella cheese & tomato sauce with fresh basil. QUATIRO STAGIONI 12 Ham, artichokes, olives, mushrooms, mozzarella & tomato sauce. ~· CAPRICCIOSA. 14 Ham, artichokes, olives, mushrooms, bell peppers, mozzarella & tomato. PIZZA PROSCIUTTO DI PARMA 15 Mozzarella and tomato sauce with prosciutto aged 18 moths from Parma Italy. PIZZA PRIMAVERA 12 f n Mozzarella fresh tomato sauce mushrooms red onion sun dried tomato. ~IAVOLA . 14 Fresh tomato, mozzarella & spicy soppressata salami. CREATE YOUR OWN with the items available ADD $1 per item. CoNTORNI -S1DES V SPINAa Sauteed spinach with garlic and olive oil. V RAPINI BROCCOLETII Sauteed broccoli rape with garlic & olive oil. FAGGIOUNI Sauteed string beans with butter and shallots. ASPARACil Sauteed asparagus with butter and shallots. V PATATE ARROSTO Potato cooked in the oven with rosemary and garlic. V CONTORNO DI PASTA Side of ~nne pasta in a pink sauce. FARROTIO ALLA ROMANA Farro risotto with parmesan cheese, shallots and butter. II HOMEMADE DESSERTS Asb for our homemade desserts tray! t· 1 A P P 1at1 0 LJ RS 6 10 6 8 5 6 9 ·MENU AVAILABLE & -DRINKS -COCKT AIU •WINES FROM2pmTO5pm FROM 11am •5pm -----------------~ICY CiLUTEN FREE V VEGAN ,__ _____ ..;:: CATERING AVAILABLE FOR ANY IMPORTANT-CELEBRATION. Tipping suggestion 15%-20% All sales plus tax. Please notify your server of any food allergies or dietary restrictions. -consuming raw or undercooked meats, poultry, seafood, shellfish or eggs, may increase your risk of food-borne illness, specifically if you have certain medical conditions. Some fish plates could have bones or pits in olives. 49
INTENTIONALLY BLANK PAGE50
Attachment No. PC 4
Police Department Memorandum
51
INTENTIONALLY BLANK PAGE52
53
54
55
56
57
58
59
60
Attachment No. PC 5
Reporting District Map
61
INTENTIONALLY BLANK PAGE62
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
3/12/2020
0 4,0002,000
63
INTENTIONALLY BLANK PAGE64
Attachment No. PC 6
Project Plans
65
INTENTIONALLY BLANK PAGE66
.~ ·._,: :L• .:! Ii ~ .... -l ·. HA CL-:· -~~ [1"):i,,:,-['"j r-'"l,:::s;; --.S3 ~ ..... --:· .. -·•··.·-HALL-BATR.'ROOMS ,' MENS LADIE·S ·O: [~Y i· l-1' .. LAGf . I ;5, . .J."-;·;·, -. -·. I/ . : l . . / .. c.-.. o ·-·--·~-----l ..... . ·····-. .. . .... [J .. . ·-. ' -i, a a Q ~ --j l..i -.-. -, REFRIGERAlfON REFR!GERA.TION D =:i: DD ~.--1-,.....:...r--,..J -~ r,-----------1 6 I I 7 9 v.._, ::i:: ·~ I "'I~,., ~rd" c:, 0 ;::: i'! ~ 3 /0 . II) ~ . vvv '--' ~ ~ ..... DINING ROOM ~ ........ ;:-,. ;...:.;,. -;::.;. -. ·;-:,;;.--· . ,_,. ________ , Bus ....... I~-. ·r 11· .,. 0,: .... ~ STATION ' I . ;o l> (") ;,,: SERVICE BAR ·o ENTRANCE ~. 3 \.: ,-... 8~ '--' ,.c 20 ! . '\ ! ~-,. r i ~ i 0 ·=17 -~ C) C) )j. . •, ·:.~:· PA2019-162
67
March 19, 2020, Planning Commission Item 5 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 5. Il FARRO CAFFE TRATTORIA USE PERMIT AMENDMENT
(PA2019-162)
General Comments
The staff report contains two letters from the applicant describing his request, one dated August
2019 (handwritten page 45), and what looks like a refinement of that dated December 2019 (page
43).
Without explanation, staff’s recommendation differs from the requests in several respects:
1. Page 43 asks for no change to the hours of the outdoor dining area, yet staff appears to be
recommending its hours be extended the same as the interior.
2. Page 44 asks permission for live music only for private events. Staff appears to be
recommending granting permission at all times (yet is concerned about the loudness).
Additionally, the request is for a “DJ or single musician” to provide background while dining.
Staff’s proposed prohibition of amplified music would appear to deny the request for DJ’s.
3. Page 46 says the applicant’s off-sale alcohol ambitions are limited to “through the use of his
web site to offer online sales of exclusive Wines from Italy to his patrons.” If this is
correct, a Type 20 (“Off Sale Beer & Wine”) license would seem more appropriate than a
Type 21 (“Off Sale General”), which would include sale of more than (beer and) wine. Why
is staff not suggesting a Type 20 license?
Specific Comments Regarding the Proposed Resolution of Approval:
Page 19:
“4. A public hearing was held on April 23, 2020, by teleconference 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 California Government Code Section 54950 et seq. (“Ralph M.
Brown Act”) as modified by Governor Newsom’s Executive Order N-25-2, and Chapter 20.62 of
the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.” [Note: Although the Brown Act always allowed public meetings
to be partially conducted by teleconference, Executive Order N-25-2 temporarily suspended the
requirements for there to be an announced physical location for the meeting and for those
commissioners participating remotely to have their locations noticed on the agenda with an
opportunity for the public to observe them and also participate from those remote locations. It is not
clear the requirements of NBMC Chapter 20.62 regarding the conduct of land use hearings have
been suspended. They imply the existence of a physical location (such as the Council Chambers)
for the hearing, at which interested persons can observe and participate.]
Planning Commission - April 23, 2020
Item No. 5a Additional Materials Received
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Page 29:
“15. No furniture, tables, or chairs shall not extend more than 10 feet from the face of the building
into the public right-of-way.” or “15. No fFurniture, tables, or chairs shall not extend more than 10
feet from the face of the building into the public right-of-way.” [The existing railing looks like it
might extend further?]
“16. A minimum 10-foot clear pedestrian pathway shall be provided between any vertical
obstructions (i.e., light standards, parking meters, walls, furniture or chairs), unless otherwise
approved by the Public Works Department.” [I’m not sure how this is applied. A 10-foot space
between objects is hard to picture if there is 10 feet total to work with per Condition 15.]
“21. This approval is for a food service, eating and drinking establishment (i.e., a restaurant). The
off-sale alcohol component authorized by a Type 21 (Off-Sale General) ABC license shall remain
incidental to the restaurant operation. There shall be no retail display of alcohol allowed that is
visible from outside the restaurant.” [The applicant said there would be no retail display related to
the Type 21 business, inside or out.]
Page 30:
“24. Alcoholic beverage sales from the walk-up service windows shall be prohibited.” [It is unclear
what “walk-up service windows” refers to, but if it includes the counter by the register, t his seems
incompatible with the new plan to allow off-sale purchases either separately or with “to go” meals.]
“29. That nNo outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the facility.”
“30. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours
of noise-generating construction activities that produce noise to between the hours of 7 a.m. and
6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating
construction activities are not allowed on Saturdays, Sundays or Holidays.”
[“noise-generating” is redundant with “that produce noise.” Allowing noise-generating activity
between “8 a.m. and 6 p.m. on Saturday” is contradicted by the following sentence, which says
Saturday noise is prohibited. I don’t know which is correct, but they can’t both be.]
Planning Commission - April 23, 2020
Item No. 5a Additional Materials Received
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
il Farro Caffe Trattoria
Use Permit Amendment
111 21st Place
Planning
Commission
Public Hearing
April 23, 2020
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Introduction
[What is the project]
[List applications]
[Short project description]
[Where is the project]
[General location]
[Address]
Community Development Department -Planning Division 2
il Farro Caffe
Trattoria
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Introduction
[What is the project]
[List applications]
[Short project description]
[Where is the project]
[General location]
[Address]
Community Development Department -Planning Division 3
Stag Bar + Kitchen
il Farro Caffe
Trattoria
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Background
Community Development Department -Planning Division 4
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Current
Business
Operation
[photograph(s) of site]
[photograph(s) of nearby uses]
[use additional slides]
Community Development Department -Planning Division 5
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Floor Plan [relevant site characteristics or history]
[relevant project background]
Community Development Department -Planning Division 6Interior Seating
Back-of-House
Outdoor Seating
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Current
Request [specific project description]
Community Development Department -Planning Division 7
Existing Requested
Interior Seats, Net
Public Area (NPA)
No seat limit,920 sq.ft.No change
Outdoor Seats, NPA No seat limit,179 sq.ft.No change
On-Site Parking
Provided
None No change
Hours of Operation 11 a.m.to 12:30 a.m.,
daily (September to April)
11 a.m.to 1:30 a.m.,daily
(May to August)
6 a.m.to 1:30 a.m.,
daily (year-round)
No alcohol sales
before 11 a.m.
Happy Hour Not permitted Allowed prior to 9
p.m.
Live Entertainment Not permitted Allowed, w/
amplified sound,
end by 11 p.m.
Dancing Not permitted No change
ABC License(s)Type 47 Type 47 and Type 21
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Staff’s
Recommended
Changes
[specific project description]
Community Development Department -Planning Division 8
Existing Recommended
Interior Seats, Net
Public Area (NPA)
No seat limit,920 sq.ft.No change
Outdoor Seats, NPA No seat limit,179 sq.ft.No change
On-Site Parking
Provided
None No change
Hours of Operation 11 a.m.to 12:30 a.m.,
daily (September to April)
11 a.m.to 1:30 a.m.,daily
(May to August)
6 a.m.to 1:30 a.m.,
daily (year-round)
No alcohol sales
before 11 a.m.
Happy Hour Not permitted Allowed prior to 9
p.m.
Live Entertainment Not permitted Allowed, w/ no
amplified sound,
end by 11 p.m.
Dancing Not permitted No change
ABC License(s)Type 47 Type 47 and Type 21
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Facts in
Support
[highlight important features]
[highlight area of encroachment or concern]
Community Development Department -Planning Division 9
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Notable
Conditions
of Approval
[highlight important features]
[highlight area of encroachment or concern]
Community Development Department -Planning Division 10
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Summary
and Action
Conduct a public hearing
[recommendation #1]
[recommendation #2]
[recommendation #3]
Community Development Department -Planning Division 11
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)
Thank you!
Questions?Benjamin M. Zdeba, AICP
949-644-3253
bzdeba@newportbeachca.gov
www.newportbeachca.gov
Community Development Department -Planning Division 12
Planning Commission - April 23, 2020
Item No. 5b Additional Materials Presented
iL Farro Caffe Trattoria Use Permit Amendment (PA2019-162)