HomeMy WebLinkAboutPita Pit RestaurantCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 8, 2010 Meeting
Agenda Item 3
SUBJECT: Pita Pit (PA2009 -160)
3305 Newport Boulevard, Unit E
• Use Permit No. UP2009 -040
• Outdoor Dining Permit No. OD2009 -005
APPLICANT: Pita Pit Restaurant
PLANNER: Chris Savan, Planning Technician
(949) 644 -3253, csavan @newportbeachca.gov
PROJECT SUMMARY
The application consists of a use permit to extend the hours of operation of an existing
eating establishment on Thursday, Friday and Saturday nights from 11:00 p.m. to 2:30
a.m., and an outdoor dining permit to allow two tables, with two seats at each, within the
public right -of -way. The use permit includes a change in classification of the existing
eating establishment from take -out service, limited to full service, small - scale.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No._ denying Use Permit No. UP2009 -040 and approving
Outdoor Dining Permit No. OD2009 -005 with the attached findings and conditions
(Attachment No. PC 1).
Pita Pit
April 8, 2010
Page 2
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
Retail Service Commercial
Take -out Service, Limited
ON -SITE
Corridor Commercial (CC)
(RSC)
Eating and Drinking
Establishment
NORTH
Corridor Commercial (CC)
Retail ServRSC Commercial
Retail shops
Retail ServRSC Commercial
SOUTH
Corridor Commercial (CC)
Wachovia Bank
EAST
Public Facility (PF)
Retail ServRSC Commercial
City Hall
WEST
Two -unit Residential (RT)
Two-Family Residential R -2
Two -unit residential
Pita Pit
April 8, 2010
Page 3
Project Setting
The Pita Pit occupies a tenant space located within a multi- tenant building that includes
retail shops and eating and drinking establishments. The multi- tenant building is located
adjacent to Newport Boulevard between Finley Avenue and 32nd Street on the Balboa
Peninsula. A residential district is located across an alley from the rear of the tenant
space.
Project Background & Description
Use Permit No. 2008 -046 for the existing take -out service, limited eating establishment
was approved by the Planning Director on July 25, 2008. The use permit limits the net
public area to a maximum of 190 square feet, a maximum of six seats, and hours of
operation from 8:00 a.m. to 11:00 p.m.
The applicant is proposing to extend the hours of operation on Thursday, Friday, and
Saturday nights from 11:00 p.m. to 2:30 a.m., and to allow two tables, with two seats
each, within a 30- square -foot area for outdoor dining in the public right -of -way for
outdoor dining. The applicant's proposal requires a change in classification of the eating
establishment from take -out service, limited to full - service, small scale because the
provisions for a take -out service, limited eating establishment requires that the eating
establishment close by 12:00 a.m. and that there be no more than six seats provided.
Analysis
Staff recommends denial of the proposed extension of hours and the change in
classification to a full service, small -scale eating establishment, based on the comments
and analysis provided by the Police Department regarding public safety. Staff
recommends approval of the outdoor dining permit based on findings below and
conditions in Attachment PC1. The conditions are similar to Outdoor Dining Permit No.
16, which was granted on July 31, 1996, to Las Fajitas, an eating establishment located
on the same parcel.
Use Permit
In accordance with Section 20.91.035 (Required Findings), the Planning Commission
must find that the proposed extension of hours "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." Crime statistics provided by the Police Department
indicate that Reporting District 15, in which the Pita Pit is located, accounted for 361
M
Pita Pit
April 8, 2010
Page 4
DUI /Drunk arrests (28.43 percent) of the 1,270 DUI /Drunk arrests within the City in
2009. Also, Reporting District 15 was 483.75 percent above the city -wide reporting
district average for crimes reported.
The Police Department recommends that Pita Pit retain its current operating hours
based on their projection that "the applicant's proposal (for extended hours of the Pita
Pit) will result in an increase in police related activities and calls for police services." The
Police Department notes that Pita Pit is located in close proximity to a high number of
ABC - licensed drinking establishments, which close between 11:00 pm and 2:00 am.
The Police Department is concerned that the Pita Pit would accommodate "intoxicated
individuals looking to extend their evening." The Police Department concludes that the
projected increase in police related activities and calls would be a detriment to the
Police Department's "ability to provide police services to other areas of the community."
Outdoor Dining
Section 20.82.050 (Accessory Outdoor Dining) of the Municipal Code provides that an
outdoor dining permit may be approved if the findings below are met. Staff recommends
approval of the outdoor dining permit based on the following findings and facts:
That the proposed outdoor dining is accessory to the Eating and Drinking
Establishment.
The outdoor dining area shall occupy 30 square feet in front of the tenant
space, which is less than 25 percent of the 190 - square -foot indoor net
public area as required by Section 20.82.050.
2. The establishment, maintenance or operation of the accessory outdoor dining will
not, under the circumstances of the particular case, be detrimental to the health,
safety, peace, comfort and general welfare of persons residing or working in the
neighborhood or injurious to property or improvements in the area.
The tables and chairs shall not be wider than 24 inches and a minimum 6-
foot unobstructed pedestrian pathway shall be maintained in the public
right -of -way.
• The use of the outdoor dining area shall cease at 11:00 p.m. and shall be
subject to the noise provisions in Chapter 10.26 of the Municipal Code.
3. That the proposed accessory outdoor dining will not be located so as to result in
reduction of existing parking spaces.
The outdoor dining area shall be located adjacent to the tenant frontage
and shall not obstruct parking spaces or access to parking spaces.
I
Pita Pit
April 8, 2010
Page 5
Alternatives
If the Planning Commission determines that facts in support of the findings for a use
permit to extend the hours of operation can be made, the Planning Commission should
direct staff to prepare findings and a resolution approving the applicant's request, in part
or in full, and to return at the next Planning Commission meeting date with such a
resolution for adoption. Also, the Planning Commission may deny, in part or in full, the
applicants request for an outdoor dining permit.
Environmental Review
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The
outdoor dining tables and chairs shall not be permanent fixtures; therefore, there are
permanent fixtures being added to the existing facilities.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum 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.
Prepared by:
GUGti✓\
hris Savan, Planning Technician
ATTACHMENTS
Submitted by:
David Lepo, Plan nin erector
PC 1 Draft Resolution with Findings and Conditions for the Outdoor Dining Permit
PC 2 Memorandum from the Police Department
PC 3 Project plans
FA Users \PLN\ Shared \PA's \PAs - 2009 \PA2009 - 160 \UP2009 -040 Staff Report.doc
Tmplt: 11/23/09
Attachment No. PC 1
DRAFT RESOLUTION WITH FINDINGS
AND CONDITIONS FOR THE
OUTDOOR DINING PERMIT
I
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING AN OUTDOOR
DINING PERMIT (OD2009 -005) AND DENYING A USE PERMIT
(UP2009 -040) TO EXTEND THE HOURS OF OPERATION AT AN
EXISTING EATING AND DRINKING ESTABLISHMENT
LOCATED AT 3305 NEWPORT BOULVEVARD, SUITE E
(PA2009 -160)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Mena Rizk and Edward Lucero of the Pita Pit Restaurant, with
respect to property located at 3305 Newport Boulevard, Suite E, and legally described as
P BK 323 PG 21 PAR 1, requesting approval of an outdoor dining permit.
2. The applicant proposes to allow two tables, with two seats each, within a 30- square-
foot area of the public -of -way for outdoor dining.
3. The applicant proposes to extend the hours of operation of the existing eating and
drinking establishment on Thursday, Friday, and Saturday from 11:00 p.m. to 2:30 a.m.,
and change the classification of the eating and drinking establishment from take -out
service, limited to full - service, small - scale.
4. The subject property is located within the Retail Service and Commercial (RSC) Zoning
District and the General Plan Land Use Element category is Corridor Commercial (CC).
5. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Corridor Commercial (CC -A).
6. A public hearing was held on April 8, 2010 in the Friends Meeting Room, located at the
Central Library at 1000 Avocado Avenue, Newport Beach. 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.
This action is covered by the general rule that the California Environmental Quality Act
(CEQA) applies only to projects that have the potential for causing a significant effect on the
environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that
there is no possibility that this activity will have a significant effect on the environment.
Therefore, this activity is not subject to CEQA.
Planning Commission Resolution No.
1. The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The
outdoor dining tables and chairs shall not be permanent fixtures; therefore, there are
permanent fixtures being added to the existing facilities.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.82.050 of the Newport Beach Municipal Code, the following
findings and facts in support of such findings for the outdoor dining permit are set forth:
Findings:
A. That t he proposed outdoor dining is accessory to the Eating and Drinking Establishment.
Fact in Support of Finding:
A -1. The outdoor dining area will occupy 30 square feet in front of the tenant space, which
is less than 25 percent of the 190 - square -foot indoor net public area required by
Section 20.82.050.
B. The establishment, maintenance or operation of the accessory outdoor dining will not,
under the circumstances of the particular case, be detrimental to the health, safety,
peace, comfort and general welfare of persons residing or working in the neighborhood or
injurious to property or improvements in the area.
Facts in Support of Finding:
B -1. The tables and chairs shall not be wider than 24 inches and a minimum 6 -foot
unobstructed pedestrian pathway shall be maintained in the public right -of -way.
B -2. The use of the outdoor dining area shall cease at 11:00 p.m.
C. That the proposed accessory outdoor dining will not be located so as to result in reduction
of existing parking spaces.
Fact in Support of Finding:
C -1. The outdoor dining shall be located in front of the tenant space and shall not obstruct
any parking spaces or access to parking spaces.
In accordance with Section 20.91.035. of the Newport Beach Municipal Code, the following
finding for denial and fact in support for denial for the use permit is set forth:
Finding for Denial:
D. That the proposed location of the use permit will be detrimental to the public health,
safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to
Tmplt: 01114/10
P-
Planning Commission Resolution No.
Pape 3 of 5
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 for Denial
D -1. The subject eating and drinking establishment is located in a police reporting district
with a significantly higher number of calls for service, crimes, and arrests than the city-
wide average. Extending the hours of operation for the subject eating and drinking
establishment creates the potential for attracting individuals causing disorderly or
criminal conduct requiring additional police resources. The use of additional police
resources would be a detriment to the Police Department's ability to provide police
services to other areas of the community.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves OD2009 -006,
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
by reference, and denies UP2009 -040.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF APRIL, 2010.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Robert Hawkins, Chairman
BY:
Charles Unsworth, Secretary
Tmplt: 01/14/10
13
Planning Commission Resolution No. _
Paae 4 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project specific conditions are in italics)
1. Development shall be in substantial conformance with the approved site plan and floor
plan, except as noted in the following conditions.
2. The accessory outdoor dining shall be used in conjunction with the related adjacent eating
establishment and shall be limited to 30 sq. ft. maximum. The total net public area shall
not exceed 220 square feet.
3. The seating adjacent to the food use facility shall be limited to the area as delineated on
the approved site plan.
4. The operator of the food service use shall be responsible for the clean -up of all on -site
and off -site trash, garbage and litter generated by the use.
5. The facility shall be designed to meet exiting and fire protection requirements as specified
by the Uniform Building Code and shall be subject to review and approval by the Building
Department
6. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. The use of outside loudspeakers, paging system or
sound system shall be prohibited in the outdoor dining area or outside of the building. The
noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of
the Newport Beach Municipal Code. Chapter 10.26 provides, in part, that the sound shall
be limited to no more than depicted below for the specified time periods.
7. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor
the sound generated by the outdoor dining activity to insure compliance with these
conditions, if required by the Planning Director,
8. Should problems arise with regard to noise associated with the outdoor dining areas, the
Planning Department shall require the removal of all or a portion of the outdoor dining
Tmplt: 01/14/10
Il
Between the hours of
7:00 a.m. and 10:00 p.m.
Between the hours of
10:00 p.m. and 7:00 a.m.
interior
exterior
interior
exterior
Measured at the property line of
commercially zoned property:
N/A
65 dBA
N/A
60 dBA
Measured at the property line of
residentially zoned property:
N/A
60 dBA
N/A
50 dBA
Residential property:
45 dBA
55 dBA
40 dBA
50 dBA
7. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor
the sound generated by the outdoor dining activity to insure compliance with these
conditions, if required by the Planning Director,
8. Should problems arise with regard to noise associated with the outdoor dining areas, the
Planning Department shall require the removal of all or a portion of the outdoor dining
Tmplt: 01/14/10
Il
Planning Commission Resolution No. _
Page 5 of 5
area seating in the areas that contribute or cumulatively contribute to the noise problems
or complaints.
9. Should this business be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current owner or the leasing company.
10. The hours of operation of the outdoor dining area are limited to between the hours of 8:00
a.m. and 11:00 pm, daily.
11.Alcoholic beverage service shall be prohibited.
12.All conditions of Use Permit No. UP2008 -046 (PA2008 -127) shall remain in effect except
Condition 2 and Condition 3.
13.A Sidewalk Cafe License Encroachment Permit for outdoor dining on a public sidewalk
within the public right -of -way, issued by the Public Works Department, shall be approved
prior to use of the outdoor dining area and all conditions of approval shall be satisfied and
maintained in accordance with City Council Policy L -21.
14. The location and set -up of the two (2) tables and four (4) chairs shall be in a single -file
arrangement parallel to and flush against the 15 feet of the subject tenant's building
facade.
15. Outside furniture shall be no wider than 24 inches.
16.A minimum of 6- foot clear pedestrian pathway shall be maintained in the public right -of-
way.
17.The Planning Commission may add to or modify conditions of approval to this outdoor
dining permit, or revoke this approval upon a finding of failure to comply with the
conditions set forth in Chapter 20.82 of the Municipal Code or other applicable conditions
and regulations governing the food establishment. The Planning Commission may also
revoke this permit upon a determination that the operation which is the subject of this
approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
18.This approval shall expire unless exercised within 24 months from the end of the appeal
period as specified in Section 20.91.050 of the Newport Beach Municipal Code.
Tmplt: 01/14/10
A
l�
Attachment No. PC 2
MEMORANDUM FROM THE POLICE
DEPARTMENT
City of Newport Beach
Police Department
Memorandum
January 20, 2010
TO: Chris Savan, Planning Technician
FROM: Detective Dave Stark
SUBJECT: Pita Pit Restaurant, 3305 Newport Boulevard, Unit E, Use Permit
No. UP2009 -040 (PA2009 -160).
At your request, the Police Department has reviewed the amended use
application for the Pita Pit Restaurant, located at 3305 Newport Boulevard, Unit
E, Newport Beach. Per the Project Review Description, a request has been
submitted to extend the hours of operation on Thursday, Friday and Saturday
nights, from 11:00 p.m. to 2:30 a.m. They also request permission for outdoor
dining within the public right of way. There is also a request to change the
classification of the existing take -out service, limited eating establishment to a full
service, small scale eating establishment. No new construction is proposed.
Applicant History
The Pita Pit is a restaurant that serves healthy and fresh "fast food." They are a
nationwide restaurant franchise and their location on Newport Boulevard opened
in March of 2009. The Pita Pit is bordered to the rear by residential housing.
The Pita Pit is located within RD 15 which currently has approximately 71 retail
ABC licenses.
Recommendations
It should be noted that the Police Department is concerned about Pita Pit's
extended hours due to its proximity to a high number of ABC licensed drinking
establishments. The Police Department is already required to spend a
considerable amount of time policing this area after these locations close
(between 11:30 p.m. and 2:00 a.m.) and the concern is that the same problems
could carry over to the Pita Pit. This would further increase the potential for
police related problems after the local bars and restaurants close by
accommodating many intoxicated individuals looking to extend their evening.
For the above listed reasons, we are projecting that the applicant's proposal (for
the extended hours of Pita Pit) will result in an increase in police related activities
and calls for police services. The resources required to address these events
I
Pita Pit Restaurant
UP2009 -040
would detract from our ability to provide police services to the other areas of the
community and therefore, we cannot recommend this portion of the application
for approval.
Signs and Displays
Any signs or displays would need to conform to City requirements.
Hours of Operation
The Police Department recommends the Pita Pit maintain its current hours of
operation (8:00 a.m. to 11:00 p.m.)
Security
The Police Department has no recommendations.
Additional Comments
The Police Department does not oppose outdoor dining or the conversion to a full
service eating establishment.
If you have any questions, please contact me at (949) 644 -3706
Detective Dave Stark
Vice and Intelligence
James Kaminsky, Captain
Detective Division Commander
2 ;co
City of Newport Beach
Police Department
Memorandum
March 15, 2010
TO: Chris Savan, Planning Technician
PROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Pita Pit at 3305 Newport
Blvd. This area encompasses our reporting district (RD) number 15 as well as part of Census
Tract 635. 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
6,663 were in RD15. 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 PBI 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 3,667.02 ' per
100,000 people.
Crimes
RD 15
Newport Beach
California*
National*
Part 1
343
2,884
1,265,920
11,149,927
Part 2
242
3,350
N/A
N/A
Part 1Crime Rate
11,506.43
3,297.31
3,444.06
3,667.02
The number of active ABC licenses in this RD is 79 **
Per capita ratio 1 license for every 38 residents.
This reporting district had a total of 946 reported crimes as compared to a City wide
reporting district average of 162 reported crimes. This reporting district is 784 crimes more
or 483.95 %, 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 80 DUI arrests and 281 Plain Drunk arrest in this area during this same period as
compared to 1,270 for the entire city. This RD amounts to 28.43% 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 1996 had been drinking at the time
of their arrest.
Arrests
RD 15
Newport Beach
California*
National*
(DUI /Drunk)
361
1,270
336,008
2,094,465
Total Arrests
796
3,595
1,547,811
14,005,615
Additional hlformation
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 13 and RD 16
Crimes
RD 13
RD 16
Part 1
112
167
Part 2
79
107
Crime Rate
5,812.62
6,003.49
Arrests (DUI /Drunk)
39
110
Total Arrests
161
323
Calls For Service
2,554
3,261
Number of active ABC licenses
6 **
6 *`'
Per capita ratiol license for every
321* residents
464* 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 2008 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 May 1, 2003 the Orange County average of
active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a
population of 2,846,289)
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
;L �-
Attachment No. PC 3
PROJECT PLANS
w
ww. �
AIN
J
oa
N
Uu)
N
Q
a
EL
Om
3
apapSP
�93
LL
I
I
I
I I LL
I 4
IIV
n
0
a �
N �
m
O
� O
Y Ia z
m
3
a
I
a5
J
oa
N
Uu)
N
Q
a
r N
a5