HomeMy WebLinkAbout03_El_Ranchito_PA2010-121CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 21, 2010 Hearing
Agenda Item 3
SUBJECT: El Ranchito Restaurant Expansion - (PA2010 -121)
2515 East Coast Highway
■ Use Permit No. UP2010 -025
APPLICANT: El Ranchito Restaurant
PLANNER: Javier S. Garcia, Senior Planner
(949) 644 -3206 jgarcia @newportbeachca.gov
PROJECT SUMMARY
An amendment to Use Permit 3072 (formerly Use Permit 1417), which established the
existing full service restaurant with alcoholic beverage service. The following changes to
the operational characteristics are proposed: 1) to expand the restaurant into the
neighboring vacant tenant space to accommodate new restroom facilities (404 sq ft); an
employee service hallway (70 sq ft) and a take -out counter with customer waiting and
retail area (566 sq ft); 2) to increase the opening hours on Saturdays and Sundays to 9
a.m. (two, and one and one half hours earlier, respectively); and Monday through Friday
to 10 a.m. (one hour earlier). The closing hours will not be altered and are currently
Midnight Sunday to Thursday nights; and 2 a.m. on Friday and Saturday nights; and 3)
to change conditions of approval that require valet parking during evening hours, to
allow the use of valet parking services on an as- needed basis (to accommodate special
events and holiday peak use); and 4) restatement of conditions of approval regarding
the existing waiver of a portion of the parking requirement.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ approving Use Permit No. UP2010 -025 (Attachment No.
PC 1), subject to the attached Findings and Conditions.
VICINITY MAP
El Ranchito Restaurant Expansion
October 21, 2010
Page 2
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LOCATION
GENERAL PL
I ZONING
CURRENT USE
ON -SITE
CC- Commercial Corridor
RSC (Retail and Service
Restaurant, retail and office uses
Commercial
NORTH
CC- Commercial Corridor
RSC (Retail and Service
Restaurant, retail and office uses
Commercial )
SOUTH
CC- Commercial Corridor
RSC (Retail and Service
Retail and office uses; Sherman
Commercial
Gardens across Dahlia Ave
EAST
CC- Commercial Corridor
RSC (Retail and Service
Service Station and other Retail
Commercial )
and office uses
Retail and office uses; and City
WEST
CC- Commercial Corridor
RSC (Retail and Service
Park and Municipal Parking Lot
Commercial)
across Fourth Avenue
El Ranchito Restaurant Expansion
October 21, 2010
Page 3
INTRODUCTION
Project Setting
The subject property is comprised of multiple lots and a portion of an abandoned public
right -of -way (Carnation Avenue). The property is currently occupied by a two -story,
multi- tenant commercial building and eighteen surface parking spaces with access from
Carnation Avenue. A portion of the ground floor is vacant and other portions are
occupied by a full service salon and other retail service providers.
The subject restaurant is located on the southeasterly corner of East Coast Highway
and Carnation Avenue, in Corona del Mar. To the north, across East Coast Highway is
a Chevron Service Station; to the east retail uses located within a two -story commercial
building with a mixture of retail and a full - service beauty salon; to the south is a two -
story commercial building; and to the west, across Carnation Avenue, are Golden
Spoon yogurt, the Bungalow Restaurant and other retail uses in a two -story commercial
building.
Behind the subject restaurant is the off - street parking lot shared with the two -story
commercial building located next door to the east. The parking lot is shared on a first -
come, first - served basis by all on site uses. Across Fourth Avenue to the south, is Old
School Park, and a municipal parking lot to the southeast with.29 metered spaces.
Background
Although the actual date of construction of the subject building is unknown, the Building
Department records indicate that a restaurant facility has been established on the
subject property since 1963. At that time, a restaurant was permitted on the property
without a use permit and there were no specific parking requirements associated with
such use.
On March 21, 1968, the Planning Commission approved Use Permit No. 1346
authorizing the sale of beer and wine in conjunction with the existing restaurant.
On December 5, 1968, the Planning Commission approved Use Permit No. 1417
authorizing a change in operational characteristics to allow on -sale liquor and dancing
entertainment (Patron dancing was not authorized).
On November 10, 1983, the Planning Commission approved Use Permit No. 3072
(Assigned a new use permit number to the former Use Permit No. 1417), which included
a request to change the hours of operation to accommodate the service of breakfast .
lunch and dinner. Also included in that approval was the addition of a full - service bar, an
open patio for dining, limited live entertainment (single unamplified piano and one
El Ranchito Restaurant Expansion
October 21, 2010
Page 4
microphone to amplify a single human voice), and the approval of an informal off -site
parking agreement to provide additional restaurant parking spaces, and a waiver of a
portion of the parking requirement. A copy of the minutes of that meeting is attached for
the Commission's information as Attachment PC 5.
On January 19, 1984, the Planning Commission reconsidered its previous action of
November 10, 1983, at the request of the applicant. The Planning Commission modified
and approved conditions of approval related to the hours of operation as reflected in
Table 1 below, and which currently remain applicable. A copy of the minutes of that
meeting is attached for the Commission's information as Attachment PC 6.
Table 1
Proiect Description
The applicant is requesting an amendment to Use Permit No. 3072 to allow the
following changes in the operational characteristics of the existing restaurant:
1) Restaurant Remodel
The total net public area' of the restaurant authorized by the previous use permit
is 1,925 square feet. Changes in the floor plan (addition of the bar counter area
at the front of the facility) by previous restaurant operators have reduced the net
public area to 1,774 square feet, as currently exists. The applicant proposes to
remodel the restaurant to expand into the neighboring vacant tenant space to
accommodate new separate gender restrooms (404 sq ft); an employee service
hallway (70 sq ft) and a take -out counter with customer waiting and retail area
(566 sq ft), for an expansion of approximately 1,046 square feet to the restaurant.
The total net public area will increase to 2,099 square feet, 174 square feet more
than currently authorized by use permit.
'Net Public Area (NPA): The Zoning Code defines net public area as the total area used to-serve
customers, including, but not limited to, customer sales and display areas, customer seating areas,
service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens,
storage and utility areas, and similar areas used by the employees of the establishment.
As Approved on
January 19, 1984
Sunda
10:30 am to Midnight
Monday thru Thursday
11 am to Midnight
Friday
11 am to 2 am
Saturday
11 am to 2 am
Proiect Description
The applicant is requesting an amendment to Use Permit No. 3072 to allow the
following changes in the operational characteristics of the existing restaurant:
1) Restaurant Remodel
The total net public area' of the restaurant authorized by the previous use permit
is 1,925 square feet. Changes in the floor plan (addition of the bar counter area
at the front of the facility) by previous restaurant operators have reduced the net
public area to 1,774 square feet, as currently exists. The applicant proposes to
remodel the restaurant to expand into the neighboring vacant tenant space to
accommodate new separate gender restrooms (404 sq ft); an employee service
hallway (70 sq ft) and a take -out counter with customer waiting and retail area
(566 sq ft), for an expansion of approximately 1,046 square feet to the restaurant.
The total net public area will increase to 2,099 square feet, 174 square feet more
than currently authorized by use permit.
'Net Public Area (NPA): The Zoning Code defines net public area as the total area used to-serve
customers, including, but not limited to, customer sales and display areas, customer seating areas,
service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens,
storage and utility areas, and similar areas used by the employees of the establishment.
El Ranchito Restaurant Expansion
October 21, 2010
Page 5
2) Change in Hours of Operation
The applicant requests to change the current permitted hours of operation as
reflected below.
TABLE 2
3) Parking Requirement and Valet Parking
The applicant is requesting to amend the current requirements to provide off -site
parking spaces and the full -time evening use of valet parking services; to
eliminate the requirement for off -site parking spaces and provide valet parking
only on a limited as- needed basis. The applicant also wishes to reword /restate
the conditions of approval that waived a portion of the required parking (as
approved on November 10, 1983).
DISCUSSION
Analysis
Restaurant Remodel
The proposed remodel to add the take -out deli counter, waiting area and restrooms.
The authorized net public area is proposed to-increase by 174 square feet to 2,099
square feet, 325 square feet of which is located within the area of expansion and
dedicated to customer waiting and take -out deli service, no patron dining /seating is
proposed; however, this remodel will not increase the area devoted to dining or the
service of alcohol. To insure this, staff has included conditions of approval to limit the
use of the take -out deli area and to prohibit dining or the consumption of alcoholic
beverages in that area. A copy of the Project Plans (Site Plan, Floor Plan and Elevation)
is attached for the Commission's information as Attachment PC 2.
Parking Requirement
At the time the subject property was developed with a restaurant, there were no
requirements for off - street parking for such uses. Therefore, the restaurant operation, as
Current Hours as
Proposed Hours of
Net Change
approved on January
Operation
19, 1984
Sunday
10:30 am to Midnight
9 am to Midnight
Open an hour and a half
earlier
Monday thru
11 am to Midnight
10 am to Midnight
Open an hour earlier
Thursday
Friday
11 am to 2 am
10 am to 2 am
O en an hour earlier
Saturday
11 am to 2 am
9 am to 2 am
6,2 en two hours earlier
3) Parking Requirement and Valet Parking
The applicant is requesting to amend the current requirements to provide off -site
parking spaces and the full -time evening use of valet parking services; to
eliminate the requirement for off -site parking spaces and provide valet parking
only on a limited as- needed basis. The applicant also wishes to reword /restate
the conditions of approval that waived a portion of the required parking (as
approved on November 10, 1983).
DISCUSSION
Analysis
Restaurant Remodel
The proposed remodel to add the take -out deli counter, waiting area and restrooms.
The authorized net public area is proposed to-increase by 174 square feet to 2,099
square feet, 325 square feet of which is located within the area of expansion and
dedicated to customer waiting and take -out deli service, no patron dining /seating is
proposed; however, this remodel will not increase the area devoted to dining or the
service of alcohol. To insure this, staff has included conditions of approval to limit the
use of the take -out deli area and to prohibit dining or the consumption of alcoholic
beverages in that area. A copy of the Project Plans (Site Plan, Floor Plan and Elevation)
is attached for the Commission's information as Attachment PC 2.
Parking Requirement
At the time the subject property was developed with a restaurant, there were no
requirements for off - street parking for such uses. Therefore, the restaurant operation, as
El Ranchito Restaurant Expansion
October 21, 2010
Page 6
originally established and later amended in 1968 allowed the introduction of alcoholic
beverage service, and was considered nonconforming as to the parking requirements.
The subsequent use permit approval in 1983 required 49 parking spaces for the
restaurant facility, based at a rate of one space for each 40 square feet of NPA; 20
parking spaces were provided on site, 24 parking spaces were to be provided in the
neighboring Sherman Gardens Parking Lot with valet parking service (by off -site parking
agreement); and the remainder that were not provided (5 spaces) were waived. Since
that time, handicap parking requirements has resulted in a loss of two on -site parking
spaces, for a reduced total of eighteen parking spaces. The Planning Department does
not penalized commercial uses that are required to provide handicap accessible parking
spaces and .suffer a reduction in the number of on -site parking spaces. Therefore, staff
in this case, would attribute the lost spaces to the current waiver of parking requirement,
for a total of 7 spaces waived.
If the subject restaurant were to be established today, pursuant to Section 20.66.070 of
the Zoning Code, off - street parking requirements for restaurants may range between
ratios of 1 space per 30 to 1 space per 50 square feet of net public area (NPA)
depending on the physical design, operational characteristics, and location of the
restaurant. Staff is of the opinion that the base parking ratio of 1 space per 40 square
feet of NPA is appropriate in this case.
The proposed increase in the total net public area to 2,099 square feet, will require 53
parking spaces (2,099/40 = 52.5 spaces), an increase of four (4) spaces. However, it
should also be noted that the parking requirement for the existing commercial tenant
space proposed to be occupied by the restaurant expansion, and based on the retail
parking rate of one space for each 250 square feet of gross floor area, is 5 spaces
(1,046/250 = 4.2 or 5 spaces). Therefore, based on the proposed conversion of the
retail floor area to restaurant floor area, results in a parking requirement of 48 spaces
(53 spaces required - 5 space credit for the retail space converted = 48 spaces).
Waiver of Off - Street Parking Requirement and Valet Parking
The applicant is requesting a total waiver of 30 off - street parking spaces (48 required
spaces — 18 spaces onsite = 30 spaces, of that number 7 spaces were previously
waived). The current use permit (Use Permit No. 3072) requires that 24 parking spaces
be provided at an off -site location (at that time, the spaces were to be provided at the
Sherman Gardens parking lot that was next door to the subject property and its parking
lot). The use permit approval included a waiver of the parking requirement (7 spaces)
conditioned upon the applicant's diligent pursuit to obtain off -site parking spaces
through an off -site parking agreement at a specified location. However, the off -site
parking agreements were not finalized and therefore, no off -site parking spaces were
ever provided on either a formal or informal basis to satisfy the conditions of approval.
Therefore, the applicant requests the waiver of that portion of the parking that cannot be
provided on site, due to the inability to provide the previously required off -site parking
spaces and a formal agreement.
El Ranchito Restaurant Expansion
October 21, 2010
Page 7
In accordance with the provisions of Section 20.66.100 A, a use permit may be
approved by the Planning Commission to modify or waive the number of off - street
parking spaces required by the terms of the Municipal Code if one or more of the
following conditions are met:
1. A municipal parking facility is so located as to be useful in
connection with the proposed use or uses on the site or sites.
2. The site is subject to two or more uses and the maximum parking
requirements for such uses do not occur simultaneously.
3. A parking management plan for the site has been approved by the
Planning Commission pursuant to Section 20.66.100 (B).
4. The Planning Commission makes the following findings:
a. The parking demand will be less than the requirement in
Section 20.66.030.
b. The probable long -term occupancy of the building or
structure, based on its design, will not generate additional
parking demand.
Conditions 1 and 2 stated above are applicable to the subject property: Staff therefore
recommends that application of a parking ratio of 1 space per 40 square feet of NPA
remains appropriate in this case and that the waiver of that portion of the parking
requirement that is not provided on site or by formal or informal off -site parking
agreement be granted and maintained for the following reasons:
Since the approval of Use Permit No. 3072, a municipal parking lot located at the
corner of Fourth Avenue and Dahlia Avenue has been constructed that provides
29. metered parking spaces for use by the general public, and persons that reside
and /or work in the vicinity (see Detailed Vicinity Map - Attachment PC 7); and
• The subject property provides 18 parking spaces on site; and is occupied by
multiple commercial office and retail service uses, some of which close in the
early evening, and therefore it is not anticipated that the `maximum parking
requirements for such uses would occur simultaneously to create an inordinate
parking demand in the neighborhood; and
• The proposed restaurant expansion will replace retail floor area of the building,
that will result in a reduction of the parking requirement from 49 spaces to 48
spaces; and the take -out service area will not be used to increase the restaurant
El Ranchito Restaurant Expansion
October 21, 2010
Page 8
capacity to accommodate additional diners or increase the area devoted to the
service of alcoholic beverages; and
• The table and seating configuration of the restaurant will not be increased and
will remain unchanged, with the exception of the elimination of a dining booth to
accommodate the new hallway behind the new restrooms leading to the front
deli /take -out area, which will reduce the overall available seating count (4 seats
eliminated); and
• The type of live entertainment (limited by current use permit) provided will not
change and will not have any significant effect on parking demand; and
• The location of the restaurant within the Corona del Mar Village affords the
opportunity for significant walk -in trade; and
• A parking study (December 18, 2008) of the area performed for the City by
Walker Parking Consultants indicated that on- street parking within the vicinity of
the restaurant is not significantly impacted throughout the day. Field surveys
were performed on May 15, 2008 and May 17, 2008, three times each day in
order to observe the typical morning, afternoon and evening hours for peak
parking demand. The study showed that parking along Carnation Avenue ranged
from <50 to 69- percent occupied during the weekday peak hour of 7:00 p.m., and
from <50 to 89- percent occupied during the weekend peak hour of 10:00 a.m.
The current use permit also requires valet parking service in the evening hours. The
applicant requests to modify that condition to allow for the use of valet parking service
on an as- needed basis to accommodate special events and holidays. As stated later in
this report and reflected in the Police Department's Memorandum, there have been no
notable calls for service associated with the former restaurant operation or the new
operator at this location related to traffic or parking.
Should the Planning Commission wish to approve the applicant's request, staff
recommends that Condition No. 3 of Use Permit No. 3072 be deleted and Conditions
No. 4 and 8 (renumbered in Attachment PC1, Resolution, as Conditions 6 and 7,
respectively) be modified to read as follows:
El Ranchito Restaurant Expansion
October 21, 2010
Page 9
Condition No. 4 Valet parking service may be provided on
as- needed basis during the evening hours of operation and
on weekends to accommodate special events and holiday
peak use. That the ,ralet . aF Rg seA4ee he .. 4ded at a��
Condition No. 8 That the off - street parking requirement (24
spaces) to provide additional parking is waived on the basis
that additional parking is available in the vicinity, on street
and in the nearby municipal parking lot located at the corner
of Fourth Avenue and Dahlia Avenue (29 metered parking
spaces) on the mquiFed geed faith of eg and continuing
Hours of Operation and Noise
It is not anticipated that the change to increase the opening hours will result in any
significant noise impacts to the neighboring residential or commercial occupants or
tenants. Additionally, the applicant proposes no change to the limited use of live
entertainment as specified by the current use permit, and that limitation is further
conditioned by this approval with the attached Exhibit A of the attached Resolution. The
type of live entertainment is limited to a single unamplified piano with a single
microphone for amplification of a single human voice.
The increase in the opening hour will accommodate earlier lunch and brunch service at
the facility and will not affect the existing closing hours on any day. It is not anticipated
that the new opening hours will have any significant effect on the parking demand or
increase traffic impacts that may affect the neighboring residential or commercial uses.
To provide noise attenuation for the protection of neighboring residential properties in
the vicinity, staff has included standard conditions of approval that include a
requirement for closure of doors and windows during live entertainment use; and that
the location of the source of live entertainment be confined to the interior of the building
only and not within the enclosed atrium area /dining room at the rear of the restaurant.
El Ranchito Restaurant Expansion
October 21, 2010
Pagel 0
Newport Beach Police Department Concerns
The Newport Beach Police Department provided staff with a memorandum stating that
with the inclusion of the proposed conditions of approval in the attached Exhibit A, they
have no significant concerns with the applicant's request (Attachment No. PC7).
Additionally, since the restaurant recently moved from their original location at 2744
East Coast Highway to the present/subject location, formerly occupied by "Oysters
Restaurant" at 2515 East Coast Highway, there have been no notable calls for service.
The Police Department memorandum also states that there were no notable calls for
service at the former El Ranchito location (2744 East Coast Highway). The Police
Department memorandum is attached for the Commission's information (Attachment
No. PC8).
General Use Permit Findings
Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion of the floor
area of the restaurant adding the take -out deli counter and restrooms is a considered a
major change in the operational characteristics requiring an amendment to the Use
Permit. Pursuant to Section 20.91.035 of the Zoning Code, the Planning Commission
shall approve an application for an amendment to a use permit if the three required
findings below can be made. Staff believes the facts exist in support of the findings as
stated below:
1. Finding: That the proposed location of the use is in accord with the objectives of
this code and the purposes of the district in which the site is located.
Facts in Support of Finding: The site is located in the Retail and Service
Commercial (RSC) District. This district is intended to provide areas which are
predominantly retail in character, but also allows service and office uses. The
existing restaurant, which has been in operation since 1963, is consistent with the
RSC District.
2. Finding: That the proposed location of the use permit and the proposed
conditions under which it would be operated or maintained will be consistent with
the General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety, peace, morals, comfort, or welfare
of persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to
the general welfare of the city.
Facts in Support of Finding: The restaurant with limited live entertainment as
currently authorized is consistent with the Corridor Commercial (CC) land use
designation of the General Plan; and although the location of the restaurant is in
close proximity to numerous residential units and Two -Unit Residential (RT) land
El Ranchito Restaurant Expansion
October 21, 2010
Page 11
use district, the operation of the restaurant as proposed and expanded, will not
be detrimental to the public health, safety, peace, morals, comfort, or welfare of
persons residing or working in the neighborhood of the restaurant, for the
following reasons:
• The operational characteristics of the restaurant is not being intensified by the
proposed expansion, and the conversion of the retail tenant space to
restaurant floor area results in a negligible reduction in the parking demand of
the property as a whole.
• The elimination of the evening valet parking services is not a significant
change since such valet parking services have not been provided on site by
the previous restaurant operators for the past several years.
• The type of live entertainment that is authorized is limited to an unamplified
piano and one microphone for amplification of a single human voice has been
in place since 1983 and when in operation did not result in any noise
disturbances that the Police Department is aware of. Additionally, live
entertainment specific conditions have been added to further protect the
neighboring residential occupants; including closure of doors and windows
during performance of live entertainment, limited hours of use to cease at 11
pm daily, and prohibiting live entertainment within the enclosed patio at the
rear of the property overlooking the parking lot. It is anticipated that these
additional conditions will further limit adverse noise impacts on the residential
neighbors.
• As indicated in the memorandum provided from the Police. Department, no
calls for service have been received and associated with the subject
restaurant, and it is not anticipated that the increased opening hours will
cause any increase in the calls for service.
3. Finding: That the proposed use will comply with the provisions of this code,
including any specific condition required for the proposed use in the district in
which it would be located.
Facts in Support of Finding:
• The existing restaurant is consistent with the legislative intent of Chapter 20.15
(Commercial Districts) of the Zoning Code. Section 20.15.020 requires approval
of a use permit for restaurants in the RSC District. The current restaurant
operates pursuant to Use Permit No. 3072 and the expansion into the
neighboring tenant space and change in the opening hours are subject to
amendment to the use permit.
El Ranchito Restaurant Expansion
October 21, 2010
Page 12
• The proposed expansion to add the take -out deli counter and restrooms will not
result in increased dining area or seating; and is considered an ancillary use to
the existing restaurant.
• The elimination of the requirement to provide additional parking off site is
appropriate in this case, since conditions exist with regard to the subject
property as specified by Section 20.66.100 A, to justify the waiver of the parking
requirement.
Environmental Review
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), since the
proposed project is a minor expansion of the existing restaurant into a neighboring
tenant space with no increase in the parking requirement of the restaurant; and minor
changes to the operational characteristics of the existing restaurant use.
Public Notice
Notice of this review was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Summary
Sufficient evidence has been provided illustrating that the existing on -site parking
arrangement and the proximity of the parking spaces in the nearby municipal parking lot
are available for use on a.first -come, first served basis to adequately serve patrons and
visitors to the commercial and residential properties; and the general public and users of
the adjacent public park. Staff recommends approval of the amendment to the use
permit per the conditions of approval provided in the attached draft resolution
(Attachment PC 1) for the proposed changes to the operational characteristics of the
restaurant for the expanded opening hours; the expansion /addition of the take -out
service counter and waiting area; and the waiver of a portion of the off - street parking
requirement.
Alternatives
If the Planning Commission concludes that there are not sufficient facts to support
findings for approval for the proposed off -site parking agreement, the Planning
Commission shall state said facts, continue the public hearing to the next scheduled
meeting, and direct staff to prepare a resolution for denial, with findings and conditions.
Prepared by:
Javier S. Garcia, Senior Planner
El Ranchito Restaurant Expansion
October 21, 2010
Page 13
Submitted by:
Ja es W. Campb I, Acting PFsw ingDirecctor
ATTACHMENTS.
PC 1 Draft Resolution with Findings and Conditions
PC 2 Applicant Use Permit Request
PC 3 Project Plans- Site Plan, Floor Plan & Elevation
PC 4 Excerpt of Planning Commission Minutes, dated December 5, 1968 w Plan
PC 5 Excerpt of Planning Commission Minutes, dated November 10, 1983
PC 6 Excerpt of Planning Commission Minutes, dated January 19, 1984
PC 7 Detailed Vicinity Map
PC 8 Police Department Recommendation and Alcohol Related Statistics
F:\USERS \PLN \Shared \PA's \PAs - 2010 \PA2010 - 121 \UP2010 -025 perpt.doc
Tmplt: 11/23/09
Attachment No. PC 1
Planning Commission Draft Resolution
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE
PERMIT ' NO. 3072 (FORMERLY USE PERMIT 1417 AND ITS
AMENDMENTS, OPERATING MOST RECENTLY AS OYSTERS
RESTAURANT) FOR THE EL RANCHITO RESTAURANT
LOCATED AT 2515 EAST COAST HIGHWAY (UP2010 -025,
PA2010 -121)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Sergio Avila, with respect to property located at 2515 East
Coast Highway, and legally described as Lots 1, 2, and a portion of Lot 3, Block C, Tract
470 and an abandoned portion of Carnation Ave; requesting approval of an amendment to
Use Permit No. 3072 (formerly Use Permit 1417 and its amendments, reestablished by this
approval as UP2010 -025).
2. The applicant proposes the following changes in the operational characteristics of the
existing restaurant: 1) To expand the restaurant into the neighboring vacant tenant space
(1,040 sq ft) to accommodate new restrooms facilities (404 sq ft); an employee service
hallway (70 sq ft) and a take -out deli counter with customer waiting and retail area (566
sq ft); 2) to expand the existing hours of operation to extend the opening hours on
Saturdays and Sundays to 9 am; and Monday through Friday to 10 am. The closing
hours will not be altered and are currently Midnight Sunday to Thursday nights; and 2 am
on Friday and Saturday nights; and 3.) to change conditions of approval that currently
require the provision of valet parking service during evening hours, to allow the use of
valet parking services on an as- needed basis (to accommodate special events and
holiday peak use).
3. The subject property is located within the Retail and Service Commercial (RSC) Zoning
District and the General Plan Land Use Element category is Corridor Commercial (CC).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is General Commercial (CG -B).
5. A public hearing was held on October 21, 2010, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission at
this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Planning Commission Resolution No. PC2010 -121
This project has been reviewed, and it has been determined that it is categorically exempt
under the requirements of the California Environmental Quality Act (CEQA) under Class 1
(Existing Facilities).
The project involves minor interior alterations involving expansion into a neighboring
retail tenant space for a take -out deli counter and retail display, with no increase in the
number seats or area devoted to dining. Additionally, the change in the provision of valet
parking services on an as- needed basis is consistent with the previous restaurant
operations prior to acquisition by the current applicant.
SECTION 3. REQUIRED FINDINGS.
Pursuant to Sections 20.82.060 A and 2C
neighboring retail tenant space (increase
change in the hours of operation (ope
conditions of approval (related to the v,
parking requirement) are considered
requiring an amendment to the Use Per
Zoning Code, the Planning Commissi
approve the requested ameh'di,,n'6,fit%
restaurant, as proposed, will not be ;c
morals, comfort, or welfare of persons
restaurant, for
36.1 OVA'of the Zoning Code, expansion into the
excess of 266. square feet of gross floor area),
ng hour changej', and change to the existing
e parking service waiver of off- street
*or changes in operational characteristics
rit 1 ,accortlance with Section 20.91.035 of the
i finds it can make the findings required to
Use Permit No. 3072. The operation of the
11 to ;the public health, safety, peace,
or working in the neighborhood of the
• The change =to the existing hours of 'operation to extend the opening hours on
Saturdays and Sundays to9 am, and',Monday through Friday to 10 am. The closing
hours will not be altered and are currently Midnight Sunday to Thursday nights; and 2
am on Frday and Saturday nights, 2) to expand the restaurant into the neighboring
.... vacant tenant space (1,040 sq ft) fo accommodate new restrooms facilities (404 sq
ft), an employee service hallway (70 sq'ft) and a take -out deli counter with customer
waitng_and retail area (566sq ft); and 3.) to change conditions of approval that
currently require the "provision of -valet parking service during evening hours, to allow
the uset-Btwalet parking, services on an as- needed basis (to accommodate special
events and F blidav peak :use).
The change in; operat'iiinal characteristics to eliminate the requirement for evening
provision of valet parking and waiver of a portion of the off - street parking requirement
is appropriate, since the restaurant is located in close proximity to a municipal parking
lot (established in 1985) that was not in existence when the use permit requiring full -
time evening valet parking services was approved; and it is not anticipated that the
maximum parking requirements for the multiple commercial and retail uses on site
would occur simultaneously.
Memorandum provided by the Police Department, state that no notable calls for
service have been received from residents in the past regarding the noise generated
from the former Oysters Restaurant, or associated with the former El Ranchito
Planning Commission Resolution No. PC2010 -121
location at 2744 East Coast Highway; and the continued use
entertainment (in accordance with the Use Permit No. 3072 and its
extending the opening hours. of operation is not expected to result in
disturbances to the adjacent residences and neighborhood.
Page 3 of 12
of limited live
amendments) or
increased noise
• The applicant states that the previous restaurant operations did not provide the use of
any off -site parking spaces, conversely sufficient evidence has been provided to
confirm that adequate parking is available during the existing lunch service based on
the shared use of the subject property parking lot and the proximity of the municipal
parking lot.
Use Permit Findings
Finding:
A. That the proposed location of the use i
purposes of the district in which the site
Facts in Support of Finding:
A -1. The expanded restaurant:.w
existing restaurant facility
commercial community.
A -2. The Droidet:s located in the
which is intended to
Finding:
with the obje'ct,ves of this code and the
provide a take out deli service area as a part of the
which serves the, surrounding residential and
tSC (Retail and Service Commercial) Zoning District,
for retail sales, personal and professional uses that
ublic.`Th,is designation allows a wide range of uses
both residents and visitors. The proposed restaurant
and uses permitted by the RSC Zoning District.
B. That the proposed location >.of the' use pen-nit and the proposed conditions under which it
would be operated or maintained will be consistent with the General Plan and the purpose
of the district int which the site is located, will not be detrimental to the public health, safety,
peace, morals, commfort, d welfare of persons residing or working in or adjacent to the
neighborhood of su -S.".4 'and will not be detrimental to the properties or improvements in
the vicinity or to the general.welfare of the city.
Facts in Support of Finding:
B-1. The General Plan land use designation for this site is CC (Commercial Corridor).
The CC designation is intended to provide for a wide range of retail and service
uses to serve the needs of and maintain compatibility with residential uses in the
immediate area. The existing eating and drinking establishment with alcohol sales is
a consistent use within this land use designation. Restaurant uses can be
Planning Commission Resolution No. PC2010 -121
Paae 4 of 12 "
expected to be found in this area and similar locations and are complementary to the
surrounding commercial and residential uses.
B -2. A restaurant has been operated in this location since 1963 pursuant to Use Permits
No. 1346, 1417 and its amendments; and Use Permit No. 3072 and has not proven
detrimental to the area in the last several years (according to the Police Department
Memorandum Attachment PC 7).
B -3. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. The, restaurant is generally oriented
toward East Coast Highway (main restaurant, and new take -out deli entrances)
and the parking lot at the rear as situated. -,are shielded from the residential uses
south of the property by a two story ':commercial building located at the
southeasterly corner of Carnation Avenue and Fourth Avenue.
B -4.. The use of live entertainment is Jimited to an unamplified piano and one
microphone to amplify a single, huinan voice; and dancing is prohibited on the
premises.
B -5. The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages,, will ensure compatibility with the
surrounding uses and mm "i, nize alcohol related mpacts.
B -6. The project has been conditioned to ensure the welfare of the surrounding
community so thafrthe;business remains a restaurant and does not become a bar or
tavern.
B -7 If,.n ot,. currently provided on site,' the applicant is required to install a grease
interceptor obtain;Healtli Department approval prior to opening the expanded area
for business, and comply with the Califomia Building Code to ensure the safety and
~_welfare of customers and;employees'within the establishment.
B -8. Theproposed project and' requested discretionary application is consistent with
relevantGeneral Plan, policies. Moo
Finding:
C. That the proposed use= ::will comply with the provisions of this code, including any specific
conditions required for the proposed use in the district in which it would be located.
Facts in Support of Finding,
C -1. Full service restaurant restaurants are a permitted use in the RSC (Retail and
Service Commercial) Zoning District, subject to approval of a use permit. The
project expansion of the existing restaurant conforms to the development
standards of the Zoning Code.
Planning Commission Resolution No. PC2010 -121
Page 5 of 12
C -2. The project has been reviewed and conditioned 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 restaurant and adjacent properties during business hours if
directly related to the patrons of the restaurant use and has accepted additional
conditions of approval on the use of live entertainment.
C -3. The project has been reviewed and conditioned to ensure that the purpose and
intent of Chapter 20.89 (Alcoholic Beverage,,, ,Outlet) of the Zoning Code is
maintained and that a healthy environment for residents and businesses is
preserved. The service of alcohol is limitednto I Jhb existing licensed premises and
not extended into the take -out deli expansion, area. Operational conditions of
approval recommended by the Police Department relative to the sale of alcoholic
beverages will ensure compatibility ,with the surrounding uses and minimize
alcohol related impacts.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOL
1. The Planning Commission of the
to Use Permit No. 3072 (PA201
2. This action
Resolution u
with the pro
Code.
AYES:
NOES:
ABSTAIN
ABSENT:
Lo.
W
me final and
n such time ai
Title '20 Plann
Earl McDaniel, Chairman
Michael Toerge, Secretary
hereby approves the amendment
fourteen, days after the adoption of this
is filed with the City Clerk in accordance
Zoning, of the Newport Beach Municipal
OF SEPTEMBER, 2009.
Planning Commission Resolution No. PC2010 -121
Page 6 of 12
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
Project Specific Conditions
1. The development shall be in substantial conformance with the approved site plan and floor
plans stamped and dated with the date of this approval..;(Except as modified by applicable
conditions of approval.)
2. This approval as an amendment to Use Permit No 3072 (PA2010 -121, as UP2010 -025)
shall expire unless exercised within 24 months from the- effective date of approval as
specified in Section 20.91.050 of the Newporf8each Municipal Code, unless an extension is
otherwise granted.
3. This approval is for the establishment 'of the expanded restaurant facility previously
authorized by Use Permit No 3072 (Renumbered as 2010-12 1, as UR2010 -025), with the
principal purpose being the sale or serving of food;and beverages with sale and serving of
alcoholic beverages as an amenity 461h,61 food use.'"The.,expanded delr/take -out area shall be
limited to retail/take -out sales only, any:; conversion of.; that area to provide additional
restaurant patron dining/ eating shall r;,equire the prior approval of an amendment to this use
permit by the Planning Commission
4. All previous use permit approvals, including Use Permits 1346, 1417 and its amendments,
and use permit 3072' are rendered nulland void by adoption and acceptance of this
approval exercise f7ith e conditions 6f". pproval or issuance of building permits and
comp n of`tfie construction authonzed;by this approval for the physical changes to the
5. Hours dfoberation of the+restauraritshall be limited to between the hours reflected below:
6. That the off - street parking requirement (total waiver of 30 spaces) to provide additional
parking off -site is waived on the basis that additional parking is available in the vicinity, on
street and in the nearby municipal parking lot located at the corner of Fourth Avenue and
Dahlia Avenue (29 metered parking spaces).
Approve Hours of Operation
Sunday,
9 am to Midnight
v,Mgnda'y thru
fiutsda
10 am to Midnight
Ttriday
10 am to 2 am
Saturday
9 am to 2 am
6. That the off - street parking requirement (total waiver of 30 spaces) to provide additional
parking off -site is waived on the basis that additional parking is available in the vicinity, on
street and in the nearby municipal parking lot located at the corner of Fourth Avenue and
Dahlia Avenue (29 metered parking spaces).
Planning Commission Resolution No. PC2010 -121
Paae 7 of 12
7. A total of 18 parking spaces shall be maintained on the on -site parking lot located at 2515
East Coast Highway and shall remain available on a first -come, first - served basis by all
tenants of the subject property, including the restaurant use.
8. Valet parking service may be provided on as- needed basis during the evening hours of
operation and on weekends to accommodate special events and holiday peak use.
9. Prior to implementation or use of valet parking services, the applicant shall submit the
properly prepared valet parking plans to the Public Works Department for review and
approval by the City Traffic Engineer or his assigneefa!esignee.
10. The parking lot shall be maintained free
removal of trash, litter, and debris from th;
within 20 feet.
11.A Live Entertainment Permit issued "b
procedures set forth in Chapter 5 of the
entertainment as incidental andaccessor7
if required and deemed necessary 4, 1,
12. Live entertainment
to enhance the;.
reconfiguring the to
13. The live entertaindr
activities shall be
restaurant`' =il'_;
14. Live ehtertainment
an amendment to
operator shall provide for daily
g„ lot and all abutting sidewalks
Division, in accordance with
e, shall'ti`erequired to allow live
use of the facility as a restaurant,
for restaurant patrons shall remain an ancillary use intended
erience within the restaurant. Providing a dance floor or
ihairs to pro W'6 dagce ssembly area is prohibited.
be permitted within the interior dining rooms only. Such
un;the enclosed atrium dining room at the rear of the
1 within the restaurant up to 10:00 p.m., daily, unless
is approved in accordance with the Zoning Code
15. Live entertainment shall be ;limited to no more than two performers at any time, with an
unamplified piaX - and /or;-:_including a single vocalist with one microphone for amplification
of the human voice'..° ?o`nly - 'Disc jockeys or similar forms of entertainment shall not be
allowed, unless an 'amendment to this use permit is first approved by the Planning
Commission,
16. Dancing shall not be permitted on site at any time.
17. No outdoor speakers shall be permitted in conjunction with the existing or proposed
expanded restaurant operation.
18. All exterior doors- and windows of the facility shall be opened only as necessary to allow
ingress and egress. The doors and windows of the enclosed atrium dining room shall
Planning Commission Resolution No. PC2010 -121
Page 8 of 12
remain closed during all time of the restaurant operation, except in the case of an
emergency when it may be utilized for emergency egress.
19. Sound levels within the interior restaurant shall be no greater than that sp ecified in
Chapter 10.26 of the Newport Beach Municipal Code. To determine the maximum
permissible interior sound levels and to develop a set of measureshmprovements
necessary to ensure compliance, the City, if deemed necessary by the Planning Director
or his designee, shall retain (at the applicant's expense) the services of a qualified
engineer specializing in noise /acoustics to monitor the sound generated by the restaurant
facility when live entertainment is provided. The monitoring shall occur within 2 weeks of
initially providing live entertainment. Any measures or improvements recommended by the
engineer to ensure compliance shall be completed;, within 30 days of monitoring, unless an
extension is granted by the Planning Director.
20. The applicant shall provide security
between 10:00 p.m. and 15 minutes
patrons entering and leaving the G
restaurant patrons after the close of b
21. The applicant shall pay any
this application to the Planni
22. To the fullest extent permitted by l
City, its City Council; (fs;;boards
agents from
causes of ac
(including wi
and natur_e.: g
to Cits: 'aa
y'
amendment to `'se;,
and/or the City's rE
indemnification shall
any, costs'of suit, ai
claim, action cause,
and /or the parties; ini
City for all of City`s:;;c
indemnification prod
and
nel at the off-site parking lot in the evenings
sing, in sufficient number, to advise and assist
a quiet manner, and; to prevent loitering by
associated with the processing of
int, shall indemnify, defend and hold harmless
missions, officials, officers, employees, and
�s, demands, obligations, damages, actions,
nes, penalties, liabilities, costs and expenses
disbursements and court costs) of every kind
or in any manner relate (directly or indirectly)
q; but not limited to, the approval of the
#!-Site Parking Agreement No. OP2009 -003;
31
ifornia Environmental Quality Act determinations. This
ti'ut!not be limited to, damages awarded against the City, if
fees ';and other expenses incurred in connection with such
>n, suit or proceeding whether incurred by applicant, City,
bringing such proceeding. The applicant shall indemnify the
meys' fees, and damages which City incurs in enforcing the
forth in this condition. The applicant shall pay to the City
upon demand any a ndunt owed to the City pursuant to the indemnification requirements
prescribed in this condition.
Standard City Conditions
23.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
24. The applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this Use Permit.
Planning Commission Resolution No. PC2010 -121
Pace 9 of 12
25. Prior to issuance of building permits, the applicant shall provide a covenant for review and
approval by the Building Department and the Office of the City Attorney as to form and
content, that will address the construction and opening proposed between the existing
restaurant and the neighboring tenant space and that will cross an interior property line.
Once approved and properly executed, that document shall be forwarded to the city
officials for recordation against the property with the county recorder.
26. All exits shall remain free of obstructions and available for ingress and egress at all times.
27.This approval was based on the particulars of the individual case and does not in and of
itself or in combination with other approvals in the ivicinity or Citywide constitute a
precedent for future approvals or decisions.
28. This Use Permit may be modified or revoked
should they determine that the proposed
operated or maintained is detrimental to the
property or improvements in the vicinity,o 'if
to constitute a public nuisance.
29.Any change in operational ch,
modification to the approved p
processing of a new Use Perm
30. Should the
owners or
current bus
31.There shall be
32. This u
lounge
first ap
33. Food service
before closing
sold or otherwis
alt. be notified of
a violation of
by the City Council or Planning Commission
uses or conditions under which it is being
public health, welfare or materially injurious to
the property is" operated or maintained so as
curs of operation, expansion. in area, or other
uiire an amendment to this Use Permit or the
ifferent ownership, any future
if this approval by either the
of any kind or type, including advertising
or indicating the availability of alcoholic
jes or signs that are clearly visible to the
approval_does riot permit the premises to operate as a bar, tavern, cocktail
;lub as defined by the Municipal Code, unless the Planning Commission
menu must be available to patrons up to thirty (30) minutes
34. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
35. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
36.The use of private (enclosed) "VIP" rooms or any other temporary or permanent
enclosures separate from public areas are prohibited.
37.VIP passes or other passes to enter the establishment, as well as door charges, cover
Planning Commission Resolution No. PC2010 -121
Page 10 of 12
charges, or any other form of admission charge, including minimum drink order, or sale of
drinks is prohibited.
38. 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.
39.The quarterly gross sales.of alcoholic beverages shall not exceed the gross sales of food
and retail sales during the same period. The licensee shall maintain records that reflect
separately the gross sale of food and the gross sales of alcoholic beverages of the
licensed business. Said records shall be kept no less frequently than on a quarterly basis
and shall be made available to the Department on drand.
40. There shall be no on -site radio, television,
including recordings to be broadcasted
alcoholic beverages, without first obtainine
City of Newport Beach.
41. No games or contests requiring or
be permitted on site.
42. Strict adherence to maximum
43. Current occupancy Loads shall k
effective system to keep count of
provide that information to public
44.The site shall
the Illuminatir:
sources „or other re-W"'. dation+
that the =site is excessivelu. illu
limits
it electronic media broadcasts,
which include the service of
cial event permit issued by the
of alcoholic beverages shall
the applicant shall have an
resent at any given time, and
illuminated based on the luminance recommendations of
=ty of Nort h. America, or, if in the opinion of the Planning
an unacceptable negative impact on surrounding land
The Planning Director may order the dimming of light
n finding, or in response and confirmation to a complaint,
45. All mechanib -d equipmenVshall be screened from view of adjacent properties and adjacent
public streets --%within the limits authorized by this permit, and shall be sound attenuated in
accordance with :C:hapter:10.26 of the Newport Beach Municipal Code, Community Noise
Control.
46.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 and other applicable noise control
requirements of the Newport Beach Municipal Code.
47. No outside paging system shall be utilized in conjunction with this establishment.
48.AII trash shall be stored within the building or within dumpsters stored in the trash
Planning Commission Resolution No. PC2010 -121
Page 11 of 12
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
49.Trash receptacles for patrons shall be conveniently located both inside and outside of the
establishment, however, not located on or within any public property or right -of -way.
50.The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to
control odors. This may include the provision of either fully self- contained dumpsters or
periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Department. 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).
51. Water should not be used to clean
areas, etc. except to alleviate imme
52. Deliveries and refuse collection for the
10:00 p.m. and 8:00 a.m., daily;,,unless
may require an amendment to this Use I
53. Storage outside of the building in
with the exception of the,.required
54. The exterior of:tl
owner or operate
premises and on
55.
hours
56.The applicant is re
Departments. The
version of'the ":Cali•
fire protection req
subject to review:;§
57.The construction o
at the`realr,of the property shall be prohibited,
all be maintained °free of litter and graffiti at all times. The
for daily, removal of trash, litter debris and graffiti from the
=walks within 20 feet of the premises.
be available to: the general public (patrons) during regular
unless otherwise approved by the Building Department.
)btaiR all applicable permits from the City Building and Fire
�n 'plans must comply with the most recent, City- adopted
ing Code. The facility shall be designed to meet exiting and
as specified by the California Building Code and shall be
it by the Building Department.
meet all applicable State Disabilities Access requirements.
58. Approval from the Orange County Health Department is required prior to the issuance of a
building permit.
59.Grease interceptors shall be installed, if not already provided, on all fixtures in the
restaurant where grease may be introduced into the drainage systems in accordance with
the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building
Department. Contact John Kinley or his successor, City Contractor, at (949) 888 -6536 for
the correct sizing and type required for the grease interceptor. In accordance with the
Planning Commission Resolution No. PC2010 -121
Page 12 of 12
requirements of the Building Department.
60. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform
Mechanical Code. The issues with regard to the control of smoke and odor shall be
directed to the South Coast Air Quality Management District.
Attachment No. PC 2
Applicant Use Permit Request
From: Avilaer @aol.com [mailto:Avilaer @aol.com)
Sent: Saturday, "September 11, 2010 4:43 PM
To: Garcia, Jay
Subject: Re: Use Permit Project Description
It all looks good.
project description for the use permit includes the following:
1. Modifying conditions of approval (UP 3072, Condition No. 4) as approved on November 10, 1983, that required
full -time valet parking service in the evenings, to allow valet parking service on an as needed basis for events or
holidays. The justification for this is due to: valet has not been utilized on site for 10 plus years, there is no
appreciable need for valet parking service since the on -site parking is not fully utilized during the daytime hours,
the facility has no formal or informal agreements for use of off -site parking facilities as conditioned by the Nov
1983 approval, there are no off -site parking facilities available in the vicinity of the restaurant.
2. Change to the authorized hours of operation: Historically, the hours utilized are Sunday 10:30 am to Midnight;
Friday and Saturday 11 am to 2 am; Monday thru Thursday 11 am to Midnight. Proposed hours Sunday 9 am to
Midnight; Monday thru Thursday 10 am to Midnight; Friday 10 am to 2 am; Saturday 9 am to 2 am. Condition of
Approval No. 2 of Use Permit No. 3072 (formerly UP 1417 Amended on November 10, 1983, and later modified
on January 19, 1984) limits hours of operation to Sunday thru Thursday 11 am opening and Sunday 10:30 am
opening; closing hours are authorized at 2 am Saturday and Sunday mornings, Sunday thru Thursday 11 pm.
3. Deli expansion to the neighboring tenant space with 357 sq ft of customer area, 139 sq ft employee service area.
4. Restroom expansion to neighboring tenant space with 371 sq ft for restroom expansion and 139 sq ft for a
hallway for employee service access.
Thank you again for all your help.
Sincerely
Sergio
PA2010 -121 for UP2010 -025
2515 East Coast Highway
El Ranchito
Attachment No. PC 3
Project Plans
Site Plan, Floor Plans and Front Elevation
?Wtr-
PROJECT:
Avila t s El Ranchito Restaurant
2515 E. Coast Hwy
Carona del Mar, CA 92625
PREPARED FOR:
Sergio Avila
(949) 413 -1405
KDR URBAN ARCHITECTURE
2019 YACHT RESOLUTE
NEWPORT BEACH, CALIFORNIA 92660
310.892,9770
REVISION
PROFESSIONAL. DRAWNG:
, Plan
JOB NUMBER:
DRA4VING NUMBER
�
DATE.
0.0s
—
_,.,_
DRAWN BY:
SCALE'
02035 OLSDJ ARCHITECTURAL COVSUIT.NC WRESSLY RESEWU ITS COUMDN LAW CCPYRIOHT AUD MIA MOPERTY ;uZHTS IN THESE rl."5 THESE PLAMS ARE NOT TO 8L REPRODUCED. CNAMGED OR CVKW W k;Y FORM OR MXKNER WMATSCEYER. KOR ARE TSEY TO BE SS XD M ANY TH" PARTY. 'AITHCUT FRSY OBTI.M.' THE EYPRESSED KRHTTEN FOW4SON AND CONSENT CC 1<01JL ARCMTECTpUL CO,-Mr TRr,.
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Attachment No. PC 4
Excerpt of Planning Commission Minutes,
Dated December 5, 1968
a
OTY OF NEWPORT BEACR
COMMISSIONERS
11 litsonto
uecemoer a, iron
�C
,b
� � °1 1
USE PERMI
S
SIE, Gwen D. 2515 E. Coast Highway, C
M
UP -1417
Lot 1 Block C Tract 470 Zone C -1
APPROVED
Applicant requests approval of on -sale alco-
holic beverages and dancing entertainment in
connection with a bona fide restaurant.
Mr. Sie was present at the meeting.
Mr. Hicks of 701 Carnation Avenue, Corona del
Mar spoke in opposition to the application and
Mr. John Semple, whose business is in the same
building as the applicant's, complimented Mr.
Sie on the operation of his business.
After a discussion, the application was
approved subject to the following conditions:
Motion
x
Second
x
1. That a detailed floor plan indicating
All Ayes
seating arrangements be submitted and
filed with the Fire Department so that
occupant load can be readily deter-
mined at any future date.
2. That the use permit be granted for a
2 year period.
On motion of Commissioner Clemente, seconded
by Commissioner Jakosky, and carried, the
meeting was adjourned.
Ray Y. Copelin, Secretary
Planning Commission
Page B.
VW
December 5, 1968
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
W
SUBJECT: Use Permit Application No. 1417
Gwan D. Sie
2515 E. Coast Hwy., CdM
Zone C -1
Application
In accordance with Section 20.08.030 of the Newport Beach Municipal
Code the applicant is requesting approval of an on -sale liquor
operation and dancing entertainment in connection with a bona fide
restaurant in the C -1 District situated within 200 feet of an
"R" District.
Subject Property and Surrounding Land Use
The existing restaurant is located at the southeasterly corner of
East Coast Highway and Carnation Avenue in Corona del Mar and is
zoned C -1. Properties to the east and west along Coast Highway are
similarly zoned and are developed with small retail commercial uses.
Corona del Mar elementary school is located on Carnation Avenue to
the south of the subject parcel. The properties to the southwest are
zoned R -2 and are developed with residential uses.
Analysis and Recommendation
On March 21, 1968 the Commission under Use Permit No. 1346 approved
the same applicant's request to establish on -sale beer and wine in
connection with this same restaurant. In support of that request
the principal of the elementary school wrote a letter in favor of the
application indicating that the school would not be adversely affected
by the proposed use. Since its operation under Use Permit No. 1346
there have been no complaints filed against the establishment.
The Planning Department is of the opinion that the establishment of
an on -sale liquor operation and dancing entertainment in connection
with the restaurant will not prove detrimental to surrounding uses,
the character of the neighborhood or the general welfare of the
community.
The department therefore recommends approval of the application sub -
Ject to the following conditions:
1. That a detailed floor plan indicating seating
arrangements be submitted and filed with the Fire
Department so that occupant load can be readily
determined at any future date.
T0: Planning Commission - 2.
0)
2, The use permit be granted for a two year period.
Respectfully submitted,
Garen A. Groth
Acting Planning Director
By &, i
r an N. Haw ey
Senior Planner
DAG :BNH :hh
Attachmentst Vicinity Map
Plot Plan
Photograph of Restaurant
Attachment No. PC 5
Excerpt of Planning Commission Minutes,
Dated November 10, 1983
• m
1pavember 10, 1983 41
Y of Newport Beach
Request to &nand a previously approved use permit that
permitted cn -sale alcoholic beverages and dancing
entertainment in conjunction with an existing
restaurant in the C -1 District. The proposed amendment
is to change the "Park Bar and Grill" Restaurant'o
hours of operation so as to permit the service of
breakfast, lunch and dinner. The proposed hours of
operation will be between the hours of 630 a.m. and
200 a.a. The proposed development also includes a
full service bar, an addition of an open patio for
dining and drinking purposes, and the use of live
entertainment within the restaurant facility. The
proposal also includes the request of an informal
off -site parking agreessent which will provide
additional restaurant parking spaces.
LOMTIONi Lots 1 and 2, and a portion of Lot 3,
Block C, Tract Ho. 670 and an abandoned
portion of Carnation avenue, located at
2515 Bast Coast Highway, on the
southeasterly corner of Best Coast
Highway and Carnation Avenue, in Corona
del Mar.
ZONB: C -1
APPLICAIffe Locale Foods, Ina., Corona del Mar
OWRi Poole Properties, Inc., Corona del Mar
The public hearing opened in connection with this item
and Mr. Hugh Coffin, attorney, representing the
applicant, appeared before the Commission. Mr. Coffin
stated that the applicant has met with surrounding
residents on three separate occasions to discuss
concerns and provide solutions to alleviate the
concerns.
He stated that the applicant has reduced the impacts of
the restaurant use to the surrounding neighborhood. He
Stated that a new trash enclosure is presently under
construction and that. the hours of duaping are now
restricted. He stated that the hours of vendor
delivery have also been changed to be more compatible
with the surrounding neighborhood. He stated that the
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valet parking station has been moved to the interior of
the rear parking area, which reduces noise impacts to
the surrounding neighborhood, fie stated that an
off -site parking agreement has been entered into with
the Sherman Foundation to provide adequate off- street
parking for the nighttime use. He stated that the
remodeled structure is a positive addition to the
Corona del Mar area and that the applicant obtained all
requirad permits for the remodel. He further stated
that the applicant has applied for the use permit, as
requested by the City, after the use had been opened
and operating.
Mr. Coffin stated. that, the applicant agrees with the
conditions of approval as indicated in the staff report
with the two following changes,
Mr. Coffin stated that a security guard has been
employed in the rear parking area. However, he stated
that the management of the restaurant provides a
greater deterrent to those patrons who might cause a
disturbance for the nearby residents. He requested
that the provision for a security guard be deleted from
the conditions of approval. .
Mr, r_offin further requested that the restaurant be
allowed to be open at 1030 a.m. for a Sunday brunch
operation. He stated that a 10130 a.m. opening on
Sunday in consistent with other restaurant uses in the
area.
In response to questions posed by Commissioner Balalis,
Mr. Steve Loomis, the applicant, stated that the net
public area of the use has been reduced approximately
224 square feet with the remodel of the kitchen and the
addition of the dry storage area as required by the
Health Department. He stated that employee restroom
facilities and a small office was also added to the
we. He stated that the greenhouse patio area
cv- rently contains less area than before the remodel.
In response to a question posed by Commissioner
Balalis, Planning Director Hewicker stated that the
City did not require the applicant to enclose the patio
area.
-3-
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I
CoMMiSSQ%&S
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Wember 10, 1983
Y of Newport Beach
Planning Director Hewicker stated that with the
enclosure of the existing patio and the addition of the
new open patio, the reduction of the net public area on
the inside of the restaurant has been created by the
addition of the office, the enlargement of the kitchen
and dry storage area, and the additional restrcom
facilities. He stated that the overall square footage
has been reduced from the prior existing restaurant.
Therefore, there has been no parking increase in terms
Of what the City would require for the typical
operation of a restaurant.
In response to a question posed by Cotamissioner
Bale.tis, Planning Director Hewicker stated that the
"net public area' includes the patio area. He stated
that the parking requirement is based on the "net
public area', rather than the number of Beats located
in a restaurant use. He Stated that any open area is
always considered as being An area which could be
utilized rot dining, unions the area is physically
separated from the structure.
Mr. Robert longacre, resident of 701 Carnation Avenue,
appeared before the Coamission and stated that since
the Park Bar and Grill has been in operation, the
residents of tho area have continually had their sleep
interrupted. He stated that any bar located adjacent
to a residential area should be required to close at
12 :00 midnight. He stated that the majority of the
major disturbances occur between 1200 a.m. and 200
a.m. at the subject use and further stated that the
security guard has not been effective, He stated that
before the Park Bar and Grill opened, Carnation Avenue
was a quiet residential streat. He stated that the
Sherman. Foundation parking lot is only available after
6100 p.m. and only available if not required for their
own use.
In response to a question posed by Comaissioner Goff,
Mr. Longacre stated that the Sherman Foundation has
evening functions on the Average of once or twice per
month.
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of Newport Beach
Mr. Richard Nichols, President of the Corona del Mar
Community Association, submitted to the Planning
Commission a letter dated November 11, 1963, which
outlined the following restrictions:
1) Said restaurant/bar be allowed the following
maximum operational hours:
Monday through Thursday
7 :00
a.m.
- lieo0
p.m.
Friday
7100
a m.
- 12:00
p.m.
Saturday
8100
a.m.
- 12100
P.M.
Sunday
10:00
a.m.
- 11100
P.M.
Holiday rve'a
- 12:00
p.m.
2) The sound from any entertainment be confined to
the interior of the premise.
3) Parking required for the restaurant/bar operation
he provided as a condition of operation, in
particular, the Park should be required to provide
breakfast, lunch and dinner parking if the
facilities are operational.
Mr. Nichols stated that the restaurant/bar represents
an overusage of the property which impacts the -3djacenl
neighborhood. He stated that to "grandfather" an
illegally expanded operation is to encourage such
behavior to all operators.
Commissioner Person stated that Mr. Nichols has used
the term "illegal• to describe the operation of the
restaurant use. He asked Mr. Nichols to clarify which
portions of the operation are considered to be illegal.
Mr. Nichols stated that the 2100 a.m. closing of the
use is not included in any of the previous permits
which have been previously issued for this location.
Further, he stated that the operating permit was issued
prior to the time which the applicant took control of
the restaurant. He stated that it is also his
understanding that the applicant does not have a lunch
Operation permit or an outside patio permit.
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November 10, 19N3
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In response to a question posed by Chairman King, Mr.
Nichols stated that the Board of Directors of the
Corona del Mar Community Association believe that the
suggested provisions relating to the hours of
operation, sound confinement and parking should be
applied to all restaurants in the Corona del Mar area.
In response to a question posed by Commissioner Person,
Mr. Hobert Gabriele, Assistant City Attorney, stated
that to the extent which the use is operating in excess
of hours which exceed their non - conforming rights and
have not been approved by a conditional use permit,
then the use is operating illegally.
Commissioner salalis requested staff to define the
items of the operation which are in violation.
Planning Director Hwicker stated that as near as the
staff can determine, the use exceeds the following
legal non - conforming rights: the hours of operation
between 11100 p.m, and 2100 a.m. are above and beyond
any hours of operation which the staff can ascertnin
for the previous restaurants on the sites and, a change
in the operational characteristics of the restaurant,
in that there appears to be a pore predominant emphasis
on the consumption of alcohol as opposed to the
previous restauranta on the site.
Planning Director Hewicker stated that as near as staff
can determine, the prior restaurant uses were open
during the lunchtime hour and closed around 1100 p.m.
Ile stated that the use of the open patio on East Coast
Highway does not exceed the •net public area' of the
previous restaurant uses.
In response to a question posed by Commissioner Parson,
Planning Director Hewicker stated that in considering a
use permit, the Planning Commission can establish the
parking requirawnts based upon the operational
characteristics of a restaurant. He stated that should
there be a change in the operational characteristics,
the Planning Co=ission has the authority to adjust the
parking requirements accordingly.
In response to a question prised by Commissioner Person,
Planning Director Hewicker referred to Condition No. 7
and stated that this condition limits the live
entertainment and that dancing would not be permitted,
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f COMMKSO ERS • MINUTES
November 30, 1983
i � S
a ° City of Newport Beach
Doll CALL
INDEX
.. I
Mr. Nichols stated that the applicant has turned the
prior part time patio use into a full tins patio use,
which is also a change in the operational
'
characteristics. However, Commissioner Balalis stated
that the applicant has reduced the "net public area" of
the use.
Commissioner Balalis stated that realistically, the
restaurant will not go away. He stated that the
Planning Comeission can impose requirements relating to
the parking and hours of operation. He stated that
the prior restaurant uses had a lunchtime and dinner
:
operation, therefore a precedent has already been set
on the lunchtime and dinner operations.
!'
Planning Director Hewicker stated that should the
Planning Comission impose the hours of operation from
11900 a-m, to 11;00 p.m., as was the previous
restaurant hours of operation, it would not be
reasonable to require the applicant to provide any
additional parking. He stated that to the extent that
the applicant is requesting a Sunday brunch operation
and extending the hours of operation, this provides the
opportunity for the City to negotiate a solution with
the applicant for the parking requirement.
Planning Director Hewicker stated that the Sherman
Foundation parking lot will help to alleviate the
i;.
evening perking, except on the occasions when the
Sherman Foundation will be utilizing their parking lot
'
during the evening. He stated that an on -site access
has been opened between the two parking lots and the
valet station has been moved to the interior of the
rear parking area which will reduce traffic activity on
rourth Avenue and Carnation Avenue. He stated that the
applicant has also attempted to provide additional
parking during the day, at the southeasterly corner of
Dahlia Avenue and Fifth Avenue, which would also
benefit the surrounding isarchants.
Mr. Don Augustine, resident of 2431 Fourth Avenue,
stated that earplugs are not the shower to the noise,
traffic and parking problems which are generated by the
Park Bar and Grill restaurant. He stated that he
disagrees with the statements made in the noise
assessment report. He stated that he agrees with the
.restrictions suggested by the Corona del Her Comunity
Association and strongly urged the Coemtisaion to limit
the hours of operation.
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November 10, 1983
of Newwt Beach
Coemissioner ,off asked Mr. Augustine if he would
rather see the Commission impose additional parking
requirements on the applicant or limit the hours of
operation. Mr. Augustine stated that he would rather
the Commission limit the hours of operation on the
restaurant use.
Ms. Margaret Bedell, eta *.ed that her studio is located
behind the subject restaurant. She submitted a letter
dated November 9, 1983, from Mr. Robert Sattler,
Director of the Corona del Mar Community Association,
which states their concerns relating to the hazardous
situation of vehicles which may crash into the front
patio of the restaurant. She stated that such
incidents have already occurred at Bay Escrow and
Unique Homes Real Estate Office causing severe injuries
and extensive damage. She also expressed her concern
with the obstruction of the back alley by the
restaurant use.
M& Dorothy Swanson, resident of 606 Begonia Avenue,
stated that her dance studio has been located at 2515
last Coast Hiqhway for 34 years. She stated that the
merchants of the area experience a terrible parking
problem. she expressed her concern with the blockage
of the alley. She stated that many of her classes are
taught at the colleges because of the parking problem
at her studio.
Mr. Brent Skean, resident of 433 Dahlia Avenue, stated
that he is representing his mother which resides at 703
Carnation Avenue. Ma. Skean expressed their concern
with the construction activity which will be taking
place at the Corona del Mar school site and the added
traffic and parking problems which will occur in this
area.
Mr. Prank Becker, resident of 3412 Quiet Cove, stated
that he owns rental units on Begonia Avenue and In the
owner of Day Ea @row. He stated that in the past two
months he has not been able to find parking on Begonia
Avenue. He stated that the restaurant use has impacted
the surrounding area and stated that parking
requirements should be imposed on the restaurant use so
that the other ups in the area can co- exist.
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November 10, 1903
of Newport Beach
in response to a question posed by Chairman King, Mr,
Pecker stated that the parking at Bay Escrow is common
parking with the other merchants in the building, the
parking spaces are not guaranteed for each use.
In response to a question posed by Commissioner Goff,
Mr. Becker stated that the valet parking generally
begins around 5100 p.m. He stated that during the
daytime, the existence of the restaurant use impacts
the limited amount tf parking for the merchants in the
area.
Mrs. Mary Wngacre, resident of 701 Carnation Avenue,
invited nil the memhers of the Planning Commission to
visit her home on a Friday or Saturday night and try to
sleep through the noise and traffic which the
restaurant use generates.
Mr. John Oberto, resident of 619 Carnation Avenue,
expressed his concern that many of the people who visit
a bar do not utilize the valet parking, but would
rather park their vehicles on the surrounding
residential streets. He stated that increasing the
hours of the operation will increase the problem with
the noise and traffic.
Mr. Coffin emphasized that the applicant has tahim over
a pre - existing, non - conforming restaurant use which did
not have established hours of operation. lie stated
that the applicant agreed with the City to apply for a
use permit. He stated that the restaurant is not an
illegal use and that dancing is not being requested.
He stated that the City approved the plane which were.
submitted for the remodel of the restaurant and that
there has bun a substantial reduction in the amount of
*net public area ".
Mr. Coffin stated that there. has been a relocation of
the bar area, but there is not an emphasis on alcohol
consumption. He stated that the We Angeles magazine
recently named the Park Bar and Grill as one of the
best SO restaurants in the Loa Angeles, Orange County
area. lie stated that the restaurant use is a quality
use and the primary emphasis is on food.
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November 10, 1983
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Mr. Coffin stated that as a non - conforming restaurant,
there is no requirement for parking, other than what is
currently existing. He stated that at a considerable
expense, the applicant has voluntarily obtained a lease
for the off -aite parking in the Sherman Foundation
parking lot. He stated that this will substantially
reduce the parking impact of the restaurant use to the
surrounding neighborhood. He stated that the applicant
has also voluntarily relocated the trash enclosure and
agreed to hours of dumping and delivery. He stated
that the applicant is also agreeable to the hours of
operation as contained in the staff report, with the
exception of the Sunday brunch operation.
Mr. Coffin further stated that the allay has been
vacated and is not a public alley. He stated that this
is privately awned property and is a part of the
parking lot. He stated that this information was
obtained from the Planning Department and the City
Attorney's office.
Mr. Coffin stated that not all of the parking problems
of the area can be attributed to the patrons of the
Park Bar and Grill restaurant. He stated that there
are other restaurants and uses in the area which also
contribute to the traffic and parking problems.
Commissioner Goff asked how late food is served at the
restaurant. Mr. Coffin stated that the last dinners
are served at 11100 p.m. on the weekdays and 12100
midnight on the weekends.
Mr. Becker stated that the parking lot has spaces for
21 vehicles. He stated that aside from the restaurant,
the parking lot is always full from employees and
customers of the commercial uses. He suggested that
the restaurant use be limited in their use of the
on -sits parking and be required to valet park their
Patrons to their off -site locations.
In renponse to a question posed by Chairman King, Mr.
Coffin stated that the restaurant use can only utilize
the Sherman Foundation parking lot from 530 p.m. until
the reataurant's closing time. He stated that the
Sherman Foundation has exclusive rights to the parking
lot during those evenings which parking is necessary
for a Sherman roundation event.
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AMndNAL
November 10, 1983 •
of Newport Beach
Commissioner Person stated that Mr. Coffin has
indicated that the applicant is not obligated to limit
their hours of operation. Ile asked Mr. Gabriele his
position on this issue. Mr. Gabrlele, Assistant City
Attorney, stated that a dispute. exists as to the extent
of the non - conforming rights, due to the number of
years a restaurant use has been established at this
location and the number of changes of ownerships at
this location. He stated that rather than this case
being involved in litigation, the City and the
applicant have agreed to the use permit process to
accomplish the overall objectives of the City.
The Planning Caw9lssion recessed at am p.m. and
reconvened at 9s05 p.m.
"
Notion was made for approval of Use Permit No. 1417
(Amended), subject to the findings and conditions of
rxhibit "A ", with the following revisions: Condition
No. 2, hours of operation shall be until 12900 midnight
Friday and Saturday, until 11;00 p.m. Sunday through
Thursday, and shall not be open earlier than 11900 a.m.
any day, except on Sunday the restaurant can open at
10930 a.m.t and, Condition No. 10 shall be deleted
which required the security guard.
Commissioner Balalis suggested that deliveries be
limited to specified hours. Commissioner Goff
concurred and amended his motion to include that
the hours of delivuries be consistent with the hours
imposed on trash dumping as contained in Condition No.
9. No deliveries to the restaurant use shall be
between the hours of 10900 P.M. and B4OD a.m, daily.
Commissioner Kurlander stated that he will support the
motion because the hours of operation as stated are
roaaonable. He stated that after 10930 p.m, or 11:00
p.m. the use beeosra more of a bar type operation which
is not compatible with the adjoining residential
neighborhood.
-11-
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t
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Noss
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40vumber 10, 1903
M
•
Commissioner Kurlander stated that the Planning
Coemmiaaion has imposed 12100 midnight limitations on
other restaurants in the area. He further stated that
Condition No. 11 gives the Planning Commission the
opportunity to monitor the operation and modify
conditions of the use permit should there be continuing
problems to the neighborhood.
Commissioner Goff's amended motion for approval of Use
Permit No. 1417 (Amehdad) , was now voted on, which
AMMOM WTION CARRIED, as folloral
PINDING33
1. That the proposed development as conditioned, is
consistent with the Land Use Element of the
General Plan and the Local Coastal Plan, and is
compatible Kith surrounding land uses.
2. The project as conditioned, will not have any
significant environmental impact.
-3. The off -a.ite parking area is located so as to be
useful to the proposed restaurant use.
•. Parking on such off -site lot will not create undue
traffic hazards in the surrounding area.
5. That the waiver of parking in this case is based
on the required good faith effort and continuing
obligation on the part of the applicant to seek
and obtain off - street parking.
6. That the waiver of a resubdivision is justified in
this particular case since the estate in the real
property is of sufficient length to guarantee that
the lots or parcels which constitute the building
site will be held as a single entity for the
economic duration of the building improvements
placed on the site.
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November 10, 1953
of Newport Beach
`J
7. The approval of Use permit No. 1417 (Amended) will
not, under the circumstances of this case, be
detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing
and working in the neighborhood, or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
S. The proposed use of tandem parking and a valet
puking service will not, under the circumstances
of this particular case, he detrimental to the
health, safety, peace, comfort, and general
welfare of persons residing or working in the
neighborhood of such proposed use or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City.
CONDITIONSt
1. That development shall be in substantial
conformance with the approved plot plan, floor
plan and elevations.
A restaurant shall be permitted on the site and
shall be allowed to remain open until 12100
midnight Friday and Saturday, and shell be allowed
to remain open until 11100 p.m. Sunday through
Thursday. The restaurant shall not open earlier
than 11100 a.m. any day, except on Sunday the
restaurant can open at 10130 a.m. This use permit
shall Receive a new number (i.e. Use Permit No.
3072), and Use Permit No. 1417 and conditions
thereto shall be deemed void and of no effect.
3. That the applicant shall provide to the beet of
his ability and on an informal basis, a minimum of
twenty -four (24) off - street parking spaces on
property located at the northwesterly corner of
East Coast Highway and Dahlia Avenue (Lot 4 and a
Portion of Lot 3, Block C, Tract No. 470) for
evening use. In the event that the applicant is
no longer able to use some or all of this off -site
lot, the applicant shall notify the Planning
Director within 30 days and the matter will be
rcierred to the Planning Commission. The Planning
Commission on review, may impose upon the
Applicant a continuing obligation to took and
obtain adequate off -site parking.
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of Newwrt Beach
4. That the valet parking service be provided at all
tlsrs during the evening hours of operation.
S. That the City Traffic Engineer shall approve the
specific valet operation and route.
6. That the valet station shall be located within the
on -site parking area and shall maintain a Minimum
distance of approximately 119 feet from Carnation
Avenue.
7. Live entertainment shall be limited tr a single
unamplifisd piano and a single Microphone to
amplify only the human voice, and shall be
confined to the interior of the building.
S. That the off - street parking requirement is waived
on the basis on the required good faith effort and
continuing obligation of the applicant to seek and
obtain off - street parking.
9. That all trash containers shall be screened from
vier and from adjacent properties, and no trash
shall be dumped into said trash containers between
the hours of 10100 p.m. and SOO a.m. daily. No
deliveries to the restaurant use shall be between
the hours of 10 :00 p.m. and 800 a.m. daily.
10. Deleted by the Planning Commission.
11. That the Planning Commission may add and/or Modify
conditions of approval to this use permit upon a
determination that the operation which is the
subject of this use perpdt, causes injury, or is
detrimental to the health, safety or welfare of
the community.
-14-
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Attachment No. PC 6
Excerpt of Planning Commission Minutes,
Dated January 19, 1984
ROLL
10 NNUTES
January 19, 1984
Cits, of rNewr)ort each
Use Permit No. 3072 (ContinuLd.21�LhL),r Hearings
Request to reconsider the action of the Planning
Commission in conjunction with the conditions of
approval for the "Park Bar and Grill" Restaurant. The
proposed deve3opment includes a full service bar, an
addition of an open patio for di&ij and dMTking
purposes, and for the use of live entertainment within
the restaurant facility. The proposal also imcludes
the acceptance of an off-site parking agreement which
will provide additional restaurant parking sp;�ce.s.
D)CATION. Lots 1 and 2 and a portion of Lot 3,
Block C, Tract No. 470 and an abandoned
portion of Carnation Avenue, located at
2515 East Coast Highway, on the
southeasterly coiner of East Coast
Highway and Carnation Avenue, in Corona
del Mar.
ZONE- C-1
APPLICANT: Loomis Foods, Inc., Corona del Mar
OWNER- Poole Properties, Inc., Corona del Mar
Commissioner McLaughlin stated that she has road the
previous staff report and minutes prepared for this
item,
The public hearing opened in connection with this item
and Mr. Hugh Coffin, attorney, representing the
applicant, appeared before the Commission. Mr. Coffin
stated that the operational characteristics of the
restaurant have not changed from the prior restaurant
uses. He further stated that the agplicynt obtained
all of the required permits from the City of Newport
Beach prior to commencing the remodel of the
restaurant. He requested that the application he
approved with the findings and conditions as indicated
in the staff report dated rovember 10, 1983, with the
exception that the restaurant be open cm Sunday at
10:30 a.m. for a brunch operation, and that Condition
No. 30, re lating to a eecurity guard, be deleted.
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USE PERM!
No. 3072
APPROVE:)
OND17
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City of Newport Beach
Mr. Robert Longacre, resident of 701 Caroation Avenue,
stated that the prior restaurant use, Maison Alexis,
was never open until 2100 a.M. and Was not a problem
for the surxovnding residents. -, Te expressed his
concern with the litter, noise, parking and traffic
problems generated by the current restaurant operation,
whinh violates the health and safety of the surrounding
residents. He stated that the current restaurant
operation places more emphasis on the bar jsaqe, rather
than on the food operation. He further expressed tin:
concern that if the Applicant, has reduced the floor
area, why has the ancapincy load increased from 60 to
150.
In response to a question posed by Chairman King, Mr.
William Laycook, Current Plainning, Administrator, stated
that the size of the bar area is not distinguished from
the floor area of a restaurant use.
Mr. Don Augustine, resident of 2431 Fourth Avenue,,
stated that the current restaurant operation disrupts
his sleep, during the evening and early morning hours.
He requested that the hours of operation be restricted
to 11:00 p.m, on Sunday through Thursday.
Mr. Richard Nichols, resieent of 519 Iris Avenue,
stated that the an extensive amount of remodeling took
place to the interior and exterior of the building,
however the parking requirements for this use were not
brought up to Code. He stated that the permit to
operate was improperly issued by the City. He stated
that the restaurant utilizes all of the street parking,
which impacts the surrounding residential neighborhood.
In response to a question posed by Ccnndssioner 7erson,
Mr. Laycock stated that the current use is a legal,
nor.-conforming restaurant use. He stated that it the
time the sahoject property was developed with a
restaurant, there was no requiremcnt for off-street
parking for such uses. He stated that there are
similar restaurant uses in the area which also are not
required to provide off-street parking, He further
stated that under the Non-Conforming, Structures and
Uses section of the Zoning Code, legal, non-confortning
structures can be remodeled without obtaining a use
permit.
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January 1.9, 3.984
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In response
to a question posed by Chairman King,
Mr.
Laycock stated that building
permits were issued
for
the remodel
to the facility.
lie stated that
the
operational
characteristics of
the restaurant use
had
changed and
therefore, the nzo,
permit was requested.
Mr. Al Learned, rusident of 607 Begonia Avenue,
expressed his concern with the existing congested
parking conditions of the.area., lie stated that many of
the patrons of the restaurant utilize the street
parking, which fort1ner deteriorates the residential
Property values of the adjoining neighborhood,.
Mr. Bill Markas, resident of 609 Carnation Avenue,
expressed his concern with the late night noire and the
parking problems generated by the current restaurant
Use.
Mr. Tony Ranger, resident of 423 Carnation Avenue,
stated that the streets in this area very. busy streets
before the Park Far and Grill Restaurant was in
operation. lie stated that, the remodeled restaurant is
a benefit to tAim aria.
In response to a question posed by Commissioner
McLaughlin, Mr. Laycock stated that the Planning
Commission can reconsider and discuss the entire
application,
To response to a question posed by Commission,er Goff,
Mr. Laycock stated that according to the Fire
Department files, the occupancy load of the previous
use was for 99 occupants in the main restaurant area.
He stated that the current use his a occupancy load of
99 occupants in the restaurant area and 30 occuparits in
the patio area, for a total of occupant Wad: of 129.
He further stated that the patio has been utilized by
the two former restaurant uses in the past.
Mr. Beryl WpWI, resident of 601 Carnation Avenue,
stated that because of the winter weather, there have
not been as many noise complaints from the surrounding
residents. he stated that during the warmer weather
when the residents have thictir windows open, the patrons
Of the restaurant age likely to cause more of a noise
disturbance.
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MUNUITS
INDEX
ROLL
January , 9, 1984
of Newport Beach
Commissioner Person stated that be has visited the
establiShiiient on two separate occasions, late in the
evening, along with ca-mil'issioner W i Tibu r 11 and
Comm.issioner Gof. IbF stated that i t was his
observation that the Oast nov-ina traffic on the side
streets was created 1;y traffic turning off from East
Coast Hi•hvav, and not patrons of 'he restaurant use.
Furtherpioxp, lie stated that he did not observe the
patrons creating any disturbances as they left the
restaurant.
Commissioner Goff suggested restricting the hours of
operation on Tbursday to 12:00 midnight, rather than
2:00 a.m. Ile stated that Friday is a workday and
restricting the hours of operation on Thursday would
less I ikely iinpact the surrounding residential
neighborhood.
Motion x Motion was made fo,r approval of Use Permit No. 3072,
Aves x x x x x subject to the findings and conditions of Fxhibit "A"
;tain x of the oriainal staff report dated November 10, 1983,
Absent with the following .revisions: Condition No. 10,
relating to the security guard, be. deleted; that the
restaurant can be open on Sunday at 10:30 a.m, for a
brunch operatlon, and, that the hours of operation be
allowed until 2:00 a.m. on Saturday and Suriday.norning,
and until 12t00 miftiqht Sunday through, Thursday, which
MOTION CARRIED, as follows:
1. That the propos.ed envelopmient as conditioned, is
consistent with the Land Use Element of the
Ceneral Plan and the Local Coastal Plan, and is
compatible with sufrounding land uses.
2. The project as conditinned, will not have any
si*gnificant envircnz..ent.al impact.
3. The off -site parking arep is located so as to be
useful to the provc.sed restaurant use.
4. Parking an such off -site lot will not create undue
traffic hazards in tho sur-oundina area.
5. That the waiver of parking in this case is based
an the required go w, I
faith effort and continuing
obligation on the part of the supplicant to seek
and. obtain off-street parKing.
MINUTES
INDEX
RO U.
CO'N1
January 1.9, 1984 ,
t Beach
G. That the waiver of u resvbdivi.sion S.s ;usa:.ified in
this particular case since the estate in the real
property is of sufficient length to guarantee that
the lots or parcels which constitute the bu- .A.ding
site will be held as a single entity for this
economic duration of the building .,=.eprovements
placed cn the site.
7. The ;n! , ,ro al of Use Permit No, 30 ?2 will not
under the circumstances of this case, be
detrimental to the health, safety, peace, morals,
cond.ort and General . Velfare of persons residing
and working in the neighborhood, or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
8. The proposed use of tandem parking and
a valet
parking service will not, under the circumstances
of this particular case, be detrimental
to the
� r c
general
welfare of persons residing or working
0
neighborhood of such proposed use
or be
7 m C Y m
City /
O
general
welfare of the City.
January 1.9, 1984 ,
t Beach
G. That the waiver of u resvbdivi.sion S.s ;usa:.ified in
this particular case since the estate in the real
property is of sufficient length to guarantee that
the lots or parcels which constitute the bu- .A.ding
site will be held as a single entity for this
economic duration of the building .,=.eprovements
placed cn the site.
7. The ;n! , ,ro al of Use Permit No, 30 ?2 will not
under the circumstances of this case, be
detrimental to the health, safety, peace, morals,
cond.ort and General . Velfare of persons residing
and working in the neighborhood, or be detrimental
or injurious to property and improvements in the
neighborhood or the general welfare of the City.
8. The proposed use of tandem parking and
a valet
parking service will not, under the circumstances
of this particular case, be detrimental
to the
health, safety, peace, comfort, :and
general
welfare of persons residing or working
in the
neighborhood of such proposed use
or be
detrimental or injurious to property
and
imprcvewer.ts in the neighborhood or the
general
welfare of the City.
CoNDITIONSc
1.. That development skull be in substantial
cohforirance with the approved plot plan, floor
plan and elevations.
2. A xestaurant shall be perr:.itto on the site and
shall be allowed to remain .open until. 2.:00 a.m.
Saturday and. Sunday morning, and shall . be allowed
to ra "in open until 1200 midnight on Sunday
through Thursday. The restaurant shall not open
earlier than 11:00 a.m., except on Sunday, the
restaurant can open. at 10:30 a.m. for a brunch
operation. This as, permit shall reciaive a new
number (i.e. Use Permit No. 3072), and Use Permit
No. 141; and conditions thereto shall he deemed
void and of no effect..
3. That the applicant shall provide to the hest of
his ability and on an informal basis, a miniimum of
twenty -four (24) off- street parking spaces on
oxopr -rty located at the Northwesterly corner of
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MINUTES
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INDEX
0
MINU-i ES
January .19, 1984
New Of Newoort Beach
Fast Coast, Hich'way and DahliaAvenuc (Lut 4 and
rcrtJ.on of Lot 3, Block C, Trart No. 470) for
evening use. In the event that the applicant is
no loncer able to use some or all of this off-site
lot, the applicant shall notify the Planning
Director within .30 days and the matter will be
rcfc-.xred to the Planning Comj*,aissirjn. The Planning
Corjni ssi on on review, may impose upon the
a continuina obligation to seek and Ontain
adecuate 1� t. of'-Si�e parking.
4. That the valet parking service be provided at all
times during the_ evening hours of operation.
5. That the City Traffic Engineer ,,hall approve the
specific valet operation and route.
6. That the valet station shall be located within the
on -site parking area and shall maintain a minimum
distance of aFproximately 1.18 feet from Carnation
Avenue,
7. Live entertainment shall be limited to a single
unampli fied piano and a single microphone to
amplify only the human voice, and shall be
confined to the interior of the building.
8. That the off7street parking requirement is waived
on the basis on the required good faith effort and
continuing obligation of the applicant to seek and
obtain 6>'- street parking.:
9'. That all trash containers shall be screened from
view and
from; adjacent properties, and no trash
shall be dumped into said trash containers between
the hours of 10:00 p.m. and 8:00 a.m. daily,
10. Deleted by the Planning Commission,
12. That the Planning Commission may add and/or modify
conditions of approval to this use permit upon a
deterrid nation that the operation which is the
subject of this use permit, causes iniLry, or is
detrimental to the hea2th, safety or welfare of
the coirumunl*tv.
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Attachment No. PC 7
DETAILED VICINITY MAP
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Attachment No. PC 8
Police Department Recommendation and
Alcohol Related Statistics,
Dated September 22, 2010
City of Newport Beach
Police Department
Memorandum
September 22, 2010
TO: Javier Garcia, Senior Planner
FROM: Detective Bryan Moore
SUBJECT: El Ranchito, 2515 East Coast Highway, Amendment to Use Permit
3072, Modification Permit UP2010 -025 (PA2010 -121).
At your request, the Police Department has reviewed the project application for
El Ranchito, located at 2215 East Coast Highway, Newport Beach. The
applicant requests an amendment to the use permit that allows an increase in the
opening hours on Saturdays and Sundays to 9 am; and Monday through Friday
to 10 am. The closing hours will not be altered and are currently midnight
Sunday to Thursday nights; and 2 am on Friday and Saturday nights. Also
included is a request to expand the restaurant into the neighboring vacant tenant
space to accommodate new restroom facilities, and employee service hallway
and a take -out counter with customer waiting and retail area. Finally, the
application includes a request to change conditions of approval that require valet
parking during evening hours, to allow the use of valet parking services on an as-
needed basis (to accommodate special events and holiday peak use).
The applicant currently has a Type 47 (General — Eating Place) license with the
Department of Alcoholic Beverage Control.
I have included a report by Crime Analyst Paul Salenko that provides detailed
statistical information related to calls for service in and around the applicant's
place of business. This report indicates that this new location is not within an
area where the number.of crimes is at least 75% higher than the average of all
reporting districts in the City. This location is, however, within an RD that is over
the Orange County per capita of ABC licenses.
Applicant History
The Avila family has been in the restaurant business for over 40 years. They
have operated El Ranchito in the community of Corona del Mar since 1996. The
restaurant recently moved from their original location at 2744 East Coast
Highway to the former "Oysters" restaurant at 2515 East Coast Highway.
El Ranchito
UP2010 -025
The Avila family also operates a second El Ranchito restaurant in the City of
Newport Beach (2800 Newport Blvd) as well as nine other restaurants in the
Orange County and Los Angeles County area.
Police Activities and Calls for Service Data
There were no notable calls for service at 2515 E. Coast Highway. Additionally,
there were no notable calls for service at the prior El Ranchito location (2744
East Coast Highway).
Recommendations
The Police Department has no objection to the operation as described by the
applicants.
Should this application be approved, the Police Department recommends the
following conditions:
Signs and Displays
Any signs or displays would need to conform to City requirements. 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.
Hours of Operation
The proposed hours of operation are from 10 a.m. to midnight Monday through
Thursday, 10 a.m. to 2 a.m. Friday, 9 a.m. to 2 a.m. on Saturday and 9 a.m. to
midnight on Sunday.
Security
The police department has no recommendations.
Employee Training
Require all owners, managers, and employees selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible
methods and skills for serving and selling alcoholic beverages.
Additional Comments
For the purposes of this application, staff may also want to consider establishing
conditions that would require a special event permit. A special event permit may
be required for any event or promotional activity outside the normal operational
characteristics of the proposed operation. For example, events likely to attract
large crowds, events for which an admission fee is charged, events that include
any form of contract promoters, or any other activities as specified in the Newport
Beach Municipal Code to require such permits.
2
El Ranchito
UP2010 -025
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions
would be appropriate for the Conditional Use Permit for the business:
1. Approval does not permit El Ranchito to operate as a bar, tavern, cocktail
lounge or nightclub as defined by the Municipal Code, unless the Planning
Commission first approves a use permit.
2. Food service from the regular menu must be available to patrons up to
thirty (30) minutes before the scheduled closing time.
3. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
4. No "happy hour" type of reduced price alcoholic beverage promotion shall
be allowed except when offered in conjunction with food ordered from the
full service menu. There shall be no reduced price alcoholic beverage
promotion after 9 p.m.
5. 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 or sale of drinks is prohibited.
6. 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.
7. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period. The licensee shall at all times
maintain records, which reflect separately the gross sales of food and the
gross sales of alcoholic beverages of the licensed business. These
records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Police Department on demand.
There shall be no on -site radio, television, video, film or other electronic
media broadcasts, including recordings to be broadcasted at a later time,
which include the service of alcoholic beverages, without first obtaining an
approved special event permit issued by the City of Newport Beach.
9. There shall be no live entertainment allowed on the premises.
10.There shall be no dancing allowed on the premises.
El Ranchito
UP2010 -025
11. No games or contests requiring or involving the consumption of alcoholic
beverages shall be permitted.
12. Strict adherence to maximum occupancy limits is required.
13. Current occupancy loads shall be posted at all times and the applicant
shall have an effective system to keep count of the number of occupants
present at any given time, and provide that information to public safety
personnel upon request.
If you have any questions, please contact Detective Bryan Moore at (949) 644-
3725.
✓�' C,
Bryan Moore, ABC Liaison
Detective Division
���
Craig Fox, Captain
Detective Division Commander
in
City of Newport Beach
Police Department
Memorandum
September 23, 2010
TO: Javier s. Garcia, Senior Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the El Ranchito Restaurant
at 2515 East Coast Highway. This area encompasses our reporting district (RD) number 44
as well as part of Census Tract 627.01. This report reflects City of Newport Beach crime data
for calendar year 2009, which is the most current data available.
Calls for Service Information
City wide there were approximately 69,294 calls for police services during this time, of which
4,661 were in RD44. A "call for service" is, any contact of the police department by a citizen
which results in the dispatching of a unit or causes the contacted employee to take some sort
of action, such as criminal investigations, alarm responses, traffic accidents, parking
problems, and animal control calls, etc.
Crime Information
There were 6,194 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,884 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
3,350 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,297.31 per 100,000 people. The national Part One crime rate was 3,465.52* per
100,000 people.
Crimes RD 44 Newport Beach California* National*
Part 1 143 2,884 1,184,073 10,639,369
Part 2 146 3,350 N/A N/A
Part 1Crime Rate 2,426.52 3,297.31 3,203.52 3,465.52
The number of active ABC licenses in this RD is 27 **
Per capita ratio 1 license for every 218 residents.
This reporting district had a total of 369 reported crimes as compared to a City wide
reporting district average of 162 reported crimes. This reporting district is 80 crimes over or
21.68% above the City wide reporting district average. This location is within an RD that is
over the Orange County per capita average of ABC licenses * *.
Arrest Information
There were 38 DUI arrests and 42 Plain Drunk arrest in this area during this same period as
compared to 1,270 for the entire city. This RD amounts to 6.30% of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 2009 had been drinking at the time
of their arrest.
Arrests RD 44
(DUI /Drunk) 80
Total Arrests 208
Newport Beach
1,270
3,595
California* National*
324,442
1,474,004
2,095,731
13,687,241
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 39 and RD 43
Crimes
RD 39
RD 43
Part 1
242
23
Part 2
159
17
Crime Rate
26,449.28
2,046.86
Arrests (DUI /Drunk)
60
6
Total Arrests
234
15
Calls For Service
5,213
2,046.86
Number of active ABC licenses
47 **
7 **
Per capita ratiol license for every
19* residents
161* residents.
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 86,252.
*These numbers are from the 2009 Uniform Crime Reports, which is the most recent edition.
* *The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document. As of June 30, 2009 the Orange County average
of active, retail ABC licenses was 1 license for every 542 residents. (5,589 licenses and a
population of 3,026,786)
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit