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HomeMy WebLinkAboutPA2019-162 Notice of Incomplete Filing_10032019 I:\Users\PLN\Shared\PA's\PAs - 2019\PA2019-162\PA2019-162 Notice of Incomplete Filing_10032019.docx Tmplt. 02/09/11 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 Fax: 949-644-3229 www.newportbeachca.gov NOTICE OF INCOMPLETE FILING October 3, 2019 Sent via electronic mail Il Farro Restaurant Attention: Domenico Maurici domenico@ilfarro.com Application No. PA2019-162 for Il Farro Restaurant Use Permit Amendment Address 111 21st Place Please be advised that after reviewing the subject application, your submittal has been deemed incomplete and further information is required before we are able to proceed with the application process. The following documentation is required to complete the application: 1. Public Hearing Requirements. Please be advised, the radius used for the ownership mailing labels provided appears to be incorrect. Newport Beach Municipal Code (NBMC) Subsection 20.62.020(B)(2)(c) (Notice of Public Hearing – Nearby Property Owners) requires a 300-foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot. It does not appear the radius submitted with the public noticing package excludes the intervening rights-of-way. Please update the radius, ownership mailing labels, and the written affidavit of preparation to reflect this requirement. See attachment for more information. 2. Operator License Application Requirements. Please provide a detailed security plan addressing such matters as personnel, the functions of those personnel, and employee training. 3. Project Description and Justification. Please address the following: a. Throughout the document, it appears the “alcohol license” is what you are requesting to modify; however, the request should more accurately request to modify the existing Use Permit (Use Permit No. UP3690 and Outdoor Dining Permit No. OD0032). b. The narrative for Condition of Approval No. 14 mentions a desire to open earlier for breakfast service and to hold “private culinary events.” Please clarify and provide additional detail as to what the private culinary events entail. Are they going to be frequently occurring? What is the anticipated turnout? October 3, 2019 I:\Users\PLN\Shared\PA's\PAs - 2019\PA2019-162\PA2019-162 Notice of Incomplete Filing_10032019.docx Page 2 c. Also related to Condition of Approval No. 14, please clarify whether the outdoor dining area is proposed to have the same hours as the indoor dining area. Would alcohol service also occur on the outdoor dining area beginning at 11 a.m.? d. The narrative for Condition of Approval No. 1 mentions there will be an “upgrade to the establishment’s service bar.” Please clarify. What upgrades are proposed and how will it impact the floor plan of the restaurant? Please note, if changes are proposed to the layout, conceptual building permit plans should be prepared for review as part of this application. e. The existing ABC License is a Type 47, which allows the sale of hard liquor/spirits. Please provide clarification on the narrative for Condition of Approval No. 7, as to whether you intend to sell hard liquor/spirits for off-site consumption. f. The narrative for Condition of Approval No 11 discusses plans for live entertainment within the establishment. Please clarify and provide more detail on the types of entertainment anticipated and where the entertainer will be entertaining from. Also, is dancing proposed? g. Please review the Police Department Project Review Request, which was returned on October 1, 2019, and provide additional pertinent information to address any outlined concerns regarding this application. h. With respect to the online sales of wine, please clarify where the wine will be stored and how many shipments are anticipated per day or week. It is assumed a delivery service provider will be visiting the location to pick up packaged wines for shipment. i. The floor plans provided do not identify any trash area. Please provide additional information regarding where the restaurant’s waste and recycling is stored, as well as how often it is picked up and how often the storage area is cleaned. j. Please provide some additional operational information. What is the greatest number of employees staffing the restaurant at any one time and where do they park? Will the earlier requested operating hour require additional employees? 4. Project Plans. As discussed above, if any changes are proposed to the floor plan that was attached to the initial submittal, please provide a revised floor plan showing those proposed changes for review. 5. Digital Copy. In addition to a hardcopy resubmittal, please provide a digital copy of all resubmitted materials. This can be in the form of a CD-ROM or an attachment to an email directed to my attention. October 3, 2019 I:\Users\PLN\Shared\PA's\PAs - 2019\PA2019-162\PA2019-162 Notice of Incomplete Filing_10032019.docx Page 3 As a note, this project was not routed to any other department besides the Police Department. If it is determined that alterations and/or upgrades are proposed to the floor plan, then the project will also need to be routed to the Building Division and Fire Department for review. Additional comments could result from those reviews. Upon verification of completion, the application will be processed and scheduled for a Planning Commission hearing. Should you have any questions regarding submittal requirements, please contact me at 949-644-3253 or bzdeba@newportbeachca.gov. By: Benjamin M. Zdeba, AICP, Associate Planner Attachments: Public Hearing Requirements Police Department Project Review Request dated October 1, 2019 Operator License Requirements Public Hearing Requirements Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 949-644-3204 www.newportbeachca.gov F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Public Hearing Requirements\Public Hearing Requirements_03-2019.docx Updated 03/14/19 For projects requiring a public hearing, the application shall include the items listed below. Please be advised that the items are required to be no older than 6 months utilizing names and addresses from the last equalized assessment roll and utilizing the most recent assessor’s maps or alternatively, from such other records that contain more recent information. Mailing Labels For Applications that do not include a Coastal Development Permit 2 (two) sets and 1 (one) copy of Mailing Labels shall be printed on Avery 5160 address labels (or equivalent to) and contain the parcel numbers, names, and mailing addresses for all owners of property located within a 300-foot radius, excluding intervening right-of- ways and waterways, of the exterior boundaries of the subject parcel. For Applications that include a Coastal Development Permit 2 (two) sets and 1 (one) copy of Mailing Labels shall be printed on Avery 5160 address labels (or equivalent to) and contain the parcel numbers, names, and mailing addresses for all property owners (residential and nonresidential) and occupants (residential only) of property located within a 300-foot radius, excluding intervening right-of-ways and waterways, of the exterior boundaries of the subject parcel. Sample Format: 442-014-27 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Note: It is the applicant’s responsibility to inform the title company or ownership listing service if occupant or any other specific labels are required in addition to property owner labels based on the submittal requirements of application and/or the Planning Division’s recommendation. Written Affidavit A written affidavit from the title company or ownership listing service, who prepared the assessor’s parcel map and mailing labels, verifying that the information was prepared utilizing names and addresses from the last equalized assessment roll and utilizing the most recent assessor’s maps, or alternatively, from such other records that contain more recent information. See Attachment A (Written Affidavit Example). *Note* For coastal development permits, please include in the written affidavit that both property owners and residential occupants are listed. Radius Map (Assessor’s Parcel Map) An Assessor’s Parcel Map indicating all parcels within a 300-foot radius, excluding intervening right-of-ways and waterways, of the exterior boundaries of the subject property. The radius line and subject property shall be indicated on the map. See Attachment B (Radius Map Example). Attachment A (Written Affidavit Example) F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Public Hearing Requirements\Public Hearing Requirements_03-2019.docx Updated 03/14/19 [Letterhead of the Title Company or Ownership Listing Service] Example: For Applications that do not include a Coastal Development Permit Please see the attached radius map and mailing labels created for all owners of properties located within a 300-foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject parcel located at (site address) in the City of Newport Beach, County of Orange. The property information was acquired through the County Assessor’s office. Further, the information is based upon the most up-to-date records of the county tax assessor and is deemed reliable, but is not guaranteed. _______________________________ _________________ Signature of Preparer Date Prepared Example: For Applications that include a Coastal Development Permit Please see the attached radius map and mailing labels created for all property owners and residential occupants of properties located within a 300-foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject parcel located at (site address) in the City of Newport Beach, County of Orange. The property information was acquired through the County Assessor’s office. Further, the information is based upon the most up-to-date records of the county tax assessor and is deemed reliable, but is not guaranteed. _______________________________ _________________ Signature of Preparer Date Prepared Attachment B (Radius Map Example) Updated 02/03/17 = Project Address 300-foot radius excluding intervening rights-of-way and waterways of the exterior boundaries of the subject parcel X X Operator License Information Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone / (949)644-3229 Facsimile www.newportbeachca.gov F:\Users\CDD\Shared\Admin\Planning_Division\Applications\OL Updated 07/24/13 (seal-07/01/16) General Information Pursuant to Chapter 5.25 of the Newport Beach Municipal Code (NBMC), no person shall operate or engage in any business which constitutes a Bar, Lounge, or Nightclub*, or other businesses which offer alcoholic beverages for on-site consumption in combination with the operation of Late Hours*, Entertainment*, or Café Dance*, until that person or entity has first obtained an Operator License. The purpose and intent of the license is to allow for the enhanced control of noise, loitering, litter, disorderly conduct, parking/circulation, and other potential disturbances related to the operation of an establishment where alcohol is dispensed. In addition to the Operator’s License, a Minor or Conditional Use Permit maybe required pursuant to Title 20 of the NBMC. Please check with the Planning Division for additional permits that maybe required. Chapter 5.25 of the NBMC authorizes the Chief of Police to conditionally approve or deny applications for an Operator License. To approve, or conditionally approve, an Operator License, the Chief of Police must make the following findings provided by Section 5.25.050.B: 1. The business or enterprise is proposed to be located in a zone permitting the proposed use under Title 20 of the NBMC, and is subject to such use permits as may be required; 2. In the case of a business or enterprise offering “Entertainment”*, as defined, the premises meets all of the criteria of Section 5.28.040.B.2-7: 3. The site plan and proposed premises improvements as proposed, or as subject to such conditions as are attached to the approval, are consistent with the use and the plan of operations; and 4. The plan of operations as proposed, or as subject to such conditions as are attached to the approval, is adequate in light of the neighborhood in which the business or enterprise is located and supports the public health, safety, and welfare of the community. *Please see Attachment A (Definitions), which explains and defines noted terms. Application Requirements To apply please provide the following: 1. A completed Operator License Application Form (attached). 2. Public noticing requirements, including the following (examples available upon request): a. Two (2) sets of adhesive labels (Avery 5160) containing the parcel numbers, names, and mailing addresses for all owners of property located within a 300-foot radius, excluding intervening rights-of- way and waterways, of the exterior boundaries of the subject lot, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. b. An assessor’s parcel map(s) indicating the 300-foot radius line in relation to the subject property. c. A statement from the preparer of the radius map and labels. The statement must include the information source and the correct radius (300 feet). The information shall be prepared by the applicant or by an ownership listing service doing business in Orange County, CA, utilizing names and addresses from the last equalized assessment roll and utilizing the most recent assessor’s parcel maps, or alternatively, from such other records that contain more recent addresses. 3. Plans A total of five (5) standard sets and one (1) reduced set of plans shall be submitted. All plans shall adhere to the following:  Drawn to scale no less than 1/8” = 1’  Standard size plans are to measure 24”x36” (with details itemized on 8 ½”x 11” sheets, if necessary) and folded no larger than 8 ½”x14” when submitted  Reduced size plans are to be measured between 8 ½”x11” to 11”x17” (with details itemized on 8 ½”x 11” sheets, if necessary) and folded no larger than 8 ½“x 11” when submitted Plans shall include the following: Plot Plan/Site Plan, fully dimensioned and show the following information on the subject property.  The plot plan shall show these items abutting the property a minimum of 20 feet from the boundaries of the site:  Vicinity map, north arrow, and scale of the plan  Property lines  Location, name, dimension, and description of all existing and proposed right-of-way lines, dedications, and easements  Locations of existing and proposed structures, additions, utilities, driveways, walkways, and open volume areas, including any structure(s) to be relocated, removed, or demolished  Location, height, and material of existing and proposed walls and fences  Location of all trash enclosures and how they will be accessed  Location, dimension, description, and number of parking spaces/areas Floor Plans, fully dimensioned and show the following information:  Overall building and individual room dimensions/identification, including square footage calculations  All proposed interior walls and partitions  Window and door locations  A furniture layout, including the proposed number of tables and chairs, and the net public area calculated and outlined or shaded.  Location of outdoor dining areas  Location of proposed live entertainment area  Location and area of proposed dance floor  Location of entertainment features such as televisions, jukebox, pool tables, dart boards, etc. Optional Materials  Exterior elevations  Color photographs of the subject and adjacent properties  Food and/or beverage menus  Link to website 4. Filing Fee A filing fee is required at the time of filing to partially defray the cost of processing and other expenses. The Planning Department will advise you of said fee. Operator License Application Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone / (949)644-3229 Facsimile www.newportbeachca.gov F:\Users\CDD\Shared\Admin\Planning_Division\Applications\OL Updated 07/24/13 (seal-07/01/16) General Information 1. Project Address: _______________________________________________________________________ 2. Assessor’s Parcel No(s).:_________________________________________________________________ 3. Legal Description: _____________________________________________________________________________ 4. Business Name:________________________________________________________________________ 5. Business Phone Number: ____________________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 6. Anticipated Occupancy: ___________________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 7. Date Business Acquired: ____________________________ 8. Date Business Operations Will begin: __________________ 9. What are the hours of operations for the establishment? ________________________________________ 10. Type of Alcohol Beverage Control License held or sought: ______________________________________ 11. Does the proposed establishment offer live entertainment? Yes No If yes, please explain and note the hours live entertainment is conducted: 12. Does the proposed entertainment include activities defined by Section 5.28.010(1)*? Yes No If yes, please explain: 13. Does entertainment include dancing*? Yes No If yes, please explain: 14. Is there a cover charge or door entry fee? Yes No If yes, please explain: 15. Is the premise being rented or leased or being purchased under contract? Yes No If yes, please attach a copy of the lease or contract. Initial here if so attached: 16. Has the owner or owners ever operated in this or any other County, City, or state under an entertainment establishment license/permit or similar business license? Yes No If yes, please explain: 17. Has the owner or owners ever had such a license revoked or suspended and the reason therefore, and the business entity or trade name under which the business owner operated that was subject to the suspension or revocation? Yes No If yes, please explain: 18. Provide a detailed written statement describing the operation of the establishment. This document will serve as the formal statement to the Chief of Police describing the operation of the establishment and why it should be approved. Please include any relevant information which supports the application and the required findings pursuant to Section 5.25.050.B, which are noted on Operators the information sheet (attach a separate sheet if necessary). 19. Please attach a Security Plan. Initial here if so attached: The Security Plan shall address the following:  Number of security personnel or ratio to patrons  Qualifications of security personnel (e.g. Guard Card, Private Security License, etc.)  Basic operation plan for security  Plan for controlling loitering, noise, over-crowding, elicit activity, and objectionable conditions 20. Please attach a plan, if any, for contact with the Police Department, neighboring residents or businesses in the event of planned activities or emergencies. Initial here if so attached: Business Owner(s) Attach information about the business owners or principals. If the enterprise is a corporation or LLC, list all officers. If this is a partnership, list all general partners and if it is a sole proprietorship, list the owner information. If required, attach information about additional owners on a separate sheet. Name: __________________________________________ Alias (es): _______________________________ Address: ________________________________________________________________________________ City/State/Zip: ____________________________________________________________________________ Phone: ____________________ Fax: ____________________ Email: _______________________________ California Driver’s License No.: __________________________________________________________ Name: __________________________________________ Alias (es): _______________________________ Address: ________________________________________________________________________________ City/State/Zip: ____________________________________________________________________________ Phone: ____________________ Fax: ____________________ Email: _______________________________ California Driver’s License No.: __________________________________________________________ Property Owner(s) Name: __________________________________________ Alias (es): _______________________________ Address: ________________________________________________________________________________ City/State/Zip: ____________________________________________________________________________ Phone: ____________________ Fax: ____________________ Email: _______________________________ Declaration (I)(We) herby certify that (I)(We) have read, understand, and intend to comply with all the operational requirements of Section 5.25 of the Newport Beach Municipal Code. (I) (We) ___________________________________________ depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature: __________________________________________ Date: ___________________ Signature: __________________________________________ Date: ___________________ Attachment A (Definitions) Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone / (949)644-3229 Facsimile www.newportbeachca.gov F:\Users\CDD\Shared\Admin\Planning_Division\Applications\OL Updated 07/24/13 (seal-07/01/16) How is a “Bar, Lounge, and/or Nightclub” defined? Pursuant to Section 20.70 E.2. of Title 20, A “Bay, lounge, and nightclub” means an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 (On-Sale Beer and Wine—Public Premises), ABC License Type 48 (On-Sale General—Public Premises), and ABC License Type 61 (On-Sale Beer—Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. How is “Late Hour of Operations” defined? Pursuant to Section 20.70 E.6. of Title 20, “Late hour operations” means facilities that provide service after 11:00 p.m. How is “Entertainment” defined? Pursuant to Section 5.28.010 of the NBMC, “Entertainment” means any act, play, burlesque show, revue, pantomime, cabaret, fashion or style show, scene, dance, song, song and dance act, or instrumental music participated in by one or more employees, guests, customers or any other person or persons. What Entertainment activities are defined by SECTION 5.28.010(1)? The presence of any performer, dancer, employee, agent, model or other person, collectively and individually referred to as “entertainer,” in any place of entertainment who engages in any specified sexual activity (as that term is defined in Section 5.96.010 of this Code) not otherwise prohibited by local, State or Federal law, or who exposes any specified anatomical part (as that term is defined in Section 5.96.010) not otherwise prohibited by local, State or Federal law, or who performs in attire commonly referred to as pasties or a G -string, or any other opaque covering which does not expose the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. How is “Café Dance” defined? Pursuant to Section 5.32.010 of the NBMC, “Café Dance” shall mean any dance which is open to the public without the payment of an admission fee, which is conducted in a restaurant, cafe, night club, bar, coffee house, or other place where food or beverages are sold for consumption on the premises.