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HomeMy WebLinkAbout2.0_Chronic Tacos_PA2009-050CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 18, 2009 Agenda Item No. 2 SUBJECT: Chronic Tacos 4525 B W Coast Hwy - PA2009 -050 • Use Permit UP2009 -012 (Eating and Drinking Establishment) • Use Permit UP2009 -020 (Parking Waiver) APPLICANT: Daniel A. Biello PLANNERS: Russell Bunim, Assistant Planner (949) 644 - 3233, rbunim @city.newport- beach.ca.us PROJECT SUMMARY A Use Permit for an eating and drinking establishment that would supersede an existing Use Permit (UP2001 -041) and allow for the following: • A change in operational characteristics and land use classification from a take -out service, limited to a full - service, high turnover eating and drinking establishment. • A 1,500- gross- square -foot expansion (including 1,065 square feet of net public area) for the purpose of providing an additional dining and bar area. • Introduction of a new alcoholic beverage outlet with a Type 41 Alcoholic Beverage Control (ABC) license. A Use Permit for a parking waiver that would supersede existing Use Permits (UP3139 and UP1798) to allow for the following: • A parking waiver for the 18 additional spaces required for the proposed eating and drinking establishment expansion. • A 40 -space parking waiver encompasses all of the eating and drinking establishments for the total site, including the proposed project. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Use Permit Nos. UP2009 -012 and UP2009 -020 with the attached resolutions (Attachment Nos. PC 1 and PC 2) • n LJ • Chronic Tacos Planning Commission Page 2 LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Neighborhood Commercial Retail Service Commercial RSC Retail NORTH Parks and Recreation Open Space OS Open space SOUTH Two -Unit Residential Two-Family Residential R -2 Residential EAST Multi -Unit Residential Multi-Family Residential MFR Residential WEST Sin le -Unit Residential Single-Family Residential R -1 Residential Chronic Tacos Planning Commission Page 3 Project Setting The project is located at the southeast comer of West Coast Highway and Balboa Boulevard. The existing eating and drinking establishment is situated in a multi- tenant, retail center that includes restaurants, convenient stores, and shops. Project Description The existing restaurant is a take -out service, limited eating and drinking establishment consisting of 660 gross square feet including approximately 100 square feet of net public area. The existing restaurant consists of a counter where customers order food. Seating is not provided, so all food is to-go. The applicant proposes to expand the existing restaurant into an adjacent 1,500 - square -foot tenant space. The overall gross floor area of the proposed restaurant would be a total of 2,160 gross square feet. The overall net public area for the proposed restaurant would be approximately 1,065 square feet. The restaurant will function with two sections: dining and take -out. The proposed hours of operation for the take -out section of the restaurant are 7:00 a.m. to 12:00 a.m. The proposed hours of operation for the dining section of the restaurant are 7:00 a.m. to 10:00 p.m. Alcohol will only be served in the dining section of the restaurant and will not be served after 10:00 p.m. The operational characteristics of the dining section are similar to those of a sports bar. The business plan of the applicant is to provide an eating and drinking establishment where patrons can eat and drink while viewing sporting events. As shown on the floor plans (Attachment No. PC 3), 15 flat- screen televisions will be displayed on the walls in the seating area. The take -out section will continue to operate the same as the existing establishment. The existing establishment has a "Coming Soon" sign painted on a wall that advertises a 1,500- square -foot expansion with pool tables and restrooms. Per Chapter 20.60.85 of the Zoning Code, establishments with one or more pool tables are classified as Commercial Recreational and Entertainment and require City Manager approval. However, the applicant has communicated to staff that pool tables are not part of this application. In conjunction with the expansion of the restaurant, the applicant is requesting a new alcoholic beverage outlet with a Type 41 ABC License (On -Sale Beer and Wine) for consumption on the premises. Chronic Tacos Planning Commission Page 4 The application also includes an off -site parking waiver in order to allow for the restaurant expansion. Use Permit No. UP2009 -020 would update and cover the total site (See a list of parking waiver approvals in Attachment No. PC 4). Background Existing Eating and Drinking Establishment A use permit for the existing take -out service, limited establishment was approved by the Planning Director on December 21, 2001. The existing establishment does not have seating or restrooms for customers and the sale of alcohol is not permitted. DISCUSSION Analysis Off - Street Parking Requirement The parking required for the existing take -out service, limited establishment is based on a ratio of one space per 250 gross square feet. The 660- square -foot tenant space requires three parking spaces. The off - street parking required for the existing retail use in the proposed tenant space is also based on a ratio of one space per 250 gross square feet. The 1,500- square -foot tenant space requires six parking spaces. Nine total parking spaces would be provided for the proposed expanded eating and drinking establishment. The Municipal Code parking requirement for a full - service, high turnover eating and drinking establishment ranges from one space per 30 square feet to 50 square feet of net public area. Typically, one space per 40 square feet of net public area is assigned. The number of spaces required to allow for 1,065 square feet of net public area would be 27 parking spaces with a parking ratio of one per 40 square feet. However, there are no additional parking spaces available on -site to meet the number of spaces required for the expansion. Nine spaces are allocated from the previous retail uses in the tenant spaces. Therefore, a use permit for the waiver of 18 parking spaces is requested by the applicant. Section 20.66.100 (Modification or Waiver of Off- Street Parking Requirements) of the Municipal Code provides that the Planning Commission may approve a use permit to waive the number of required off - street parking spaces if one or more of the following conditions are met: 1. R municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. R Chronic Tacos Planning Commission Page 5 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. In this case, the first three conditions cannot be met. There is no municipal parking lot located in the vicinity of the project site, the existing uses on the project site occur simultaneously and the hours and days of operation coincide with each other during the day. No parking management plan has been proposed with this application. However, the Planning Commission can make the findings in the fourth item, based on the following: a. In order to determine the parking demand, the City retained the services of a consultant to conduct a parking survey of the site. The survey was conducted by Transportation Studies Inc. (Attachment No. PC 4) over a four -day period from Wednesday, April 29 to Saturday, May 2, 2009. The survey was conducted to determine the daily usage of the parking lot at various hours throughout the day. Based on the parking survey, peak parking lot utilization occurred on Wednesday at 7:30 p.m. at which time 47 of the 1621 (29 percent) parking spaces were available. The Public Works Department has reviewed the results of the parking survey and concluded that the proposed additional parking requirements, could be accommodated by the existing parking lot. b. The project site includes seven eating and drinking establishments (one take -out service, three full - service and three take -out service, limited), two food and beverage stores, a salon, and three shops. Parking waivers have been approved for this site for the eating and drinking establishments. Any changes in use that would generate additional parking would require approval by the Planning Commission to amend the parking waiver use permit included in this application. 'The survey incorrectly states 150 parking spaces on -site. The numbers quoted in this staff report have been adjusted to reflect the correct number of 162 spaces on -site. The survey does not account for the 10 parking spaces allotted in the Jack in the Box drive through and the 2 near the service area at River Avenue. I Chronic Tacos Planning Commission Page 6 A parking summary is provided in the tables below of all the parking waivers on site. Overall Pa ing Summary 4501 - 4625 W. Coast Hwy. Required Parking: 202 Provided Parking: 162' Proposed Parking Waiver: 40 "The original site layout approved 164 spaces, however, two spaces were removed in the back of the commercial strip at River Avenue to provide for a service area. An attempt by the applicant to reconfigure the non - conforming parking design in this area was not approved by the Public Works Department. Alcoholic Beverage Outlet Ordinance In conjunction with the proposed expansion, the applicant is requesting to introduce a new Type 41 ABC license, which allows for the service of beer and wine only. Pursuant to Chapter 20.89 of the Municipal Code, a use permit is required for any new alcoholic beverage outlet. In order to approve a use permit, the Planning Commission shall consider the following: 1. Whether the use serves public convenience or necessity. The applicant requests a Type 41 ABC license to allow the service of beer and, wine which is common on the subject site for full - service, high turnover eating and drinking establishments. This would be the fourth eating and drinking establishment in the retail center that serves alcohol which would serve as a public convenience. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The project site is located in Reporting District (RD) 16, which is located south of West Coast Highway between 54th Street and 37th Street and north of the Pacific Ocean. See Attachment No. PC 5 for a map of all Reporting Districts in the City including the location of RD 16 and the two adjacent reporting districts RD 13 and RD 15 that comprise similar commercial and residential uses, and are used for a comparison within this report. 0 Chronic Tacos Planning Commission Page 7 During the 2008 Calendar Year, there were 6,779 crimes reported citywide. 'RD 26 had a total of 329 reported crimes as compared to the citywide average for reporting districts of 178 reported crimes. This equates to 151 crimes more, or 54.10 percent above the citywide reporting district average. The project site is located in an area of West Coast Highway which experiences heavy influx of people on weekends, holidays, and during the summer months, all of which could contribute to crimes in the area. The chart below provides data for crimes reported citywide, in RD 16 and the two adjacent reporting districts, RD 13 and RD 15: Reporting District Part One Crimes Serious Offences Part Two Crimes All Other Offences Part One Crimes Rate (per 100,000 people) Newport Beach 2,925 3,712 3,430.38 RD 16 118 108 4,473.09 RD 13 116 116 6,349.21 RD 15 310 278 10,965.69 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. The chart below provides data for the number of active ABC licenses and per capita ratio of active licenses for every resident in RD 16 and the two adjacent reporting districts, RD 13 and RD 15: Reporting District No. of Active ABC License Per Capita Ratio RD 16 7 377 residents RD 13 5 365 residents RD 15 98 29 residents Orange County 4,805 592 residents There are 7 active ABC licenses in RD 16, or a per capita ratio of 1 license for every 377 residents. This is lower than RD 15, which includes more commercial property and less residential. The per capita is slightly higher than RD 13 which has a similar mix of residential and commercial property. The Orange County average is 1 license for every 592 residents. 4. The number of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. The chart below reflects crime data for the 2008 Calendar Year. There were 25 DUI arrests and 78 plain drunk arrests (103 total) in RD 16. There were 1,680 arrests for the entire City. This accounts for 6.13 percent of the DUI /Drunk arrests made in the City. The Police Department supports an ABC Type 41 license with the proposed hours of operation. E Chronic Taoos Planning Commission Page 8 Reporting District DUI/Drunk Arrests Total Arrests Calls for Service RD 16 103 242 3,231 RD 13 67 164 2,996 RD 15 557 946 6,599 Newport Beach 1,471 3,345 68,886 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. There are no schools, day care centers, or places of religious assembly near the project site. The rear door of the restaurant is located less than 200 feet from Channel Place Park. There are residential uses adjacent on the south side of River Avenue and on the west side of Balboa Boulevard. However, the restaurant is oriented toward West Coast Highway in a manner that activity is shielded by the building from the park and residential uses in the rear and sides of the commercial strip. Use Permit Findings: Pursuant to Section 20.91.035 of the Municipal Code, the Planning Commission must make certain findings in order to approve a use permit. The findings and facts in support of such findings are listed and discussed below. That the proposed location of the use is in accordance with the objectives of this code and the purposes of the district in which the site is located. The existing restaurant is located in the Retail and Service Commercial (RSC) Zoning District, which is intended to provide areas that are predominantly retail in character. Eating and drinking establishments and sports bars are a retail service use, and are permitted within this designation subject to the approval of a use permit. The proposed project consists of changes to operations of an existing eating and drinking establishment to that of a sports bar, which is consistent with the RSC Zoning District. 2. 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. The existing restaurant is consistent with the Neighborhood Commercial land use designation of the General Plan, which is intended to provide for a limited range of retail W Chronic Tacos Planning Commission Page 9 and service uses developed in one or more distinct centers oriented to primarily serve the needs of residents in the immediate area. The proposed expansion would not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood; and would not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: • No dancing, live entertainment or pool tables will be permitted or provided on the premises. These types of uses require City Manager's approval. • The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages and the hours of operations ensure compatibility with the surrounding uses. 3. 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. Eating and drinking establishments and sports bars are a permitted use in the RSC Zoning District, subject to approval of a use permit. The project substantially conforms to the development standards of the Zoning Code, and the waiver of development standards as it pertains to site requirements and parking will not be detrimental to the adjoining properties. The project includes conditions to ensure that potential conflicts are minimized to the greatest extent possible. 4. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. The project is not located within a residential district; therefore, this finding does not apply. Bike Rack Option Staff has analyzed the parking survey and conducted site visits at the proposed location and surrounding area. Staff recommends that two additional parking spaces be waived to accommodate new bike racks on site based on the following: The Traffic Engineer has reviewed and supports the removal of one parking space to accommodate bike racks at. The location of bike racks would need to be approved by the Traffic Engineer. Chronic Taoos Planning Commission Page 10 ■ The two spaces that would be removed are compact -size space, which are no longer permitted in the Zoning Code. • The bike racks would provide cyclists a location to park their bike outside of the pedestrian walkway adjacent to the building. This would adjust the total parking spaces in accordance with the following: Total Site Parking Summary (Bike Rack Option) "The original site layout approved 164 spaces; however, two spaces were removed in the back of the commercial strip at River Avenue to provide for a service area. Additionally, one parking space would be removed to provide an area for bike racks. Summary The parking survey that was conducted on site indicates that 47 of the 150 on -site parking spaces are vacant during the peak utilization of the parking lot. However, 10 spaces located in the Jack in the Box drive through and two spaces at the rear of the building were not included in the on -site space count. The total number of spaces provided on site is 162. Based on the parking ratio of 1 space for every 40 square feet of net public area to allow for the restaurant expansion (18 -space increase in demand), there would still be 29 vacant spaces during the peak hours. This would allow for an increase in activity on the site without negatively affecting the available parking. The proposed Type 41 ABC License has been reviewed pursuant to Chapter 20.89 of the Municipal Code. Factors relating to public convenience, crime rates, overconcentration of alcoholic licenses and proximity to sensitive land uses were considered. The Police Department staff and Planning Department staff have concluded that a new ABC license would be acceptable subject to the conditions of approval in the attached resolution. Alternatives If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's request, the Planning Commission should direct staff to prepare findings and a resolution denying the request, in part or in full, and return at the next Planning Commission meeting date with such resolution for adoption. This would include the following options: 101 4501 - 4625 W. Coast Hwy. Required Parkin demand 202 Provided Parkin 161`" Proposed Parking Waiver 41 "The original site layout approved 164 spaces; however, two spaces were removed in the back of the commercial strip at River Avenue to provide for a service area. Additionally, one parking space would be removed to provide an area for bike racks. Summary The parking survey that was conducted on site indicates that 47 of the 150 on -site parking spaces are vacant during the peak utilization of the parking lot. However, 10 spaces located in the Jack in the Box drive through and two spaces at the rear of the building were not included in the on -site space count. The total number of spaces provided on site is 162. Based on the parking ratio of 1 space for every 40 square feet of net public area to allow for the restaurant expansion (18 -space increase in demand), there would still be 29 vacant spaces during the peak hours. This would allow for an increase in activity on the site without negatively affecting the available parking. The proposed Type 41 ABC License has been reviewed pursuant to Chapter 20.89 of the Municipal Code. Factors relating to public convenience, crime rates, overconcentration of alcoholic licenses and proximity to sensitive land uses were considered. The Police Department staff and Planning Department staff have concluded that a new ABC license would be acceptable subject to the conditions of approval in the attached resolution. Alternatives If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's request, the Planning Commission should direct staff to prepare findings and a resolution denying the request, in part or in full, and return at the next Planning Commission meeting date with such resolution for adoption. This would include the following options: 101 Chronic Tacos Planning Commission Page 11 a) Deny the Type 41 ABC License for alcohol sales and approve the parking waiver to all for the expansion of the restaurant; or b) Deny the parking waiver which would preclude the opportunity to expand the restaurant. Furthermore, an ABC License could not be approved for the existing restaurant as take -out service, limited eating and drinking establishments are not permitted to sell alcohol. Environmental Review The project qualifies for a categorical exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. The expansion of the existing eating and drinking establishment into an adjacent 1,300 square -foot tenant space is a conversion of an existing small structure from one use to another, and only minor modifications are being made to the structure. 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 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 posed at City Hall and on the City website. Prepared by: ZO •�_ Russell Buni , Assistant Planner ATTACHMENTS PC 1. Resolution for UP2009 -012 PC 2 Resolution for UP2009 -020 PC 3 Project Plans PC 4 Parking Waiver Approvals PC 5 Parking Study PC 6 Reporting Districts Map Submitted by: Davi Lepo, Planni irector j3 RESOLUTION FOR UP2009 -012 ATTACHMENT No. PC 1 )5 a 6 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2009 -012 FOR AN EATING AND DRINKING ESTABLISHMENT WITH A TYPE 41 ABC LICENSE LOCATED AT 4525 WEST COAST HIGHWAY (PA 2009 -050) WHEREAS, an application for an eating and drinking establishment was filed by Daniel A. Biello, with respect to property located at 4525 West Coast Highway and legally described as a portion of a Banning Ranch Tract No. 6385 of a record of survey map book 27, page 47 and a portion of Parcel Map 207 -1 as recorded within the County of Orange, at the County Recorders office within the State of California : and WHEREAS, the subject property is located within the Retail Service Commercial Zoning District and is subject to the requirements of Chapter 20.15 (Commercial Districts) of the Zoning Code, which requires a use permit approved by the Planning Commission for eating and drinking establishments; and WHEREAS, a public hearing was held on June 18, 2009, at 6:30 p.m. 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 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the Planning Commission finds as follows: 1. That the proposed location of the use is in accordance with the objectives of this code and the purposes of the district in which the site is located. The existing restaurant is located in the Retail and Service Commercial (RSC) Zoning District, which is intended to provide areas that are predominantly retail in character. Eating and drinking establishments and sports bars are a retail service use, and are permitted within this designation subject to the approval of a use permit. The proposed project consists of changes to operations of an existing eating and drinking establishment to that of a sports bar, which is consistent with the RSC Zoning District. 2. 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. The existing restaurant is consistent with the Neighborhood Commercial land use designation of the General Plan, which is intended to provide for a limited range of retail and service uses Planning Commission Resolution No. Paae 2 of 8 developed in one or more distinct centers oriented to primarily serve the needs of residents in the immediate area. The proposed expansion would not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood; and would not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: • No dancing, live entertainment or pool tables will be permitted or provided on the premises. These types of uses require City Manager's approval. • The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages and the hours of operations ensure compatibility with the surrounding uses. 3. 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. Eating and drinking establishments and sports bars are a permitted use in the RSC Zoning District, subject to approval of a use permit. The project substantially conforms to the development standards of the Zoning Code, and the waiver of development standards as it pertains to site requirements and parking will not be detrimental to the adjoining properties. The project includes conditions to ensure that potential conflicts are minimized to the greatest extent possible. 4. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. The project is not located within a residential district; therefore, this finding does not apply. WHEREAS, the project has been reviewed and conditioned to ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible. Therefore, the project meets the purpose and intent of Chapter 20.89 of the Municipal Code by preserving a healthy environment for residents and businesses. 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 alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. WHEREAS, the project qualifies for a categorical exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. The expansion of the existing eating and drinking establishment into an adjacent tenant space is a conversion of an existing small structure from one use to another, and only minor modifications are being made to the structure. 11�r Planning Commission Resolution No. Page 3 of 8 NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2009 -012, subject to the Conditions set forth in Exhibit "A ". Section 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 18 DAY OF JUNE, 2009. 0 EXCUSED: _M Scott Peotter, Chairman BY: Barry Eaton, Secretary )p Planning Commission Resolution No. Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The eating and drinking establishment shall be operated and maintained in substantial conformance with the site plan and floor plan including the seating arrangements dated May 20, 2009 (Approved Plans). 2. The approval of this Use Permit supersedes and rescinds Use Permit No. UP2001- 041. 3. The primary use, as depicted on the Approved Plans, is an eating and drinking (restaurant) establishment as defined in Section 20.05.050.K of the Newport Beach Municipal Code. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. No "late- night" special menu is allowed. The operational character of the use shall not be changed to a bar, tavern, cabaret, nightclub, cocktail lounge or commercial recreational entertainment venue as a primary use. A bar, tavern, cabaret, nightclub, cocktail lounge or commercial recreational entertainment venue shall not be an authorized use pursuant to this Use Permit. 4. The total net public area for the entire restaurant shall not exceed 863 square. 5. Live entertainment, dancing or pool tables shall not be permitted. 6. Strict adherence to maximum occupancy limit of 297 persons in the interior of the building and 15 persons on the smoking patio is required. The maximum occupancy limits shall be posted and the location of maximum occupancy postings in sections of the building and smoking patio shall be inspected and approved by the Building Department or Fire Department to ensure the location is readily visible to employees, patrons and public safety personnel. 7. Use Permit No. 2009 -012 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 8. The hours of operation for the take -out section of the establishment shall be 7:00 a.m. to 12:00 a.m. The hours of operation for the dining section shall be 7:00 a.m. to 10:00 p.m. 9. Alcohol service is only permitted on the dining section of the establishment. 10. A minimum of one parking space for each 40 square feet of "net public area" shall be provided for the subject restaurant. Based on the Approved Plans, a total of 162 parking spaces shall be provided. 11. All owners, managers and employees involved in the selling of alcoholic beverages shall undergo and successfully complete a certified training program in responsible Planning Commission Resolution No. Paoe 5 of 8 methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. All existing owners, managers and employees involved in the selling of alcoholic beverages shall comply with the requirements of this section within 90 days of the approval of the Use Permit and all new owners, managers and employees involved in the selling alcoholic beverages shall comply with the requirements of this section prior to their involvement in the selling of alcoholic beverages at the restaurant. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 12. Should this business or either alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified in writing of the conditions of this approval by the current owner /operator. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 13. The Use Permit or any of the conditions of this Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the business is not operated in full compliance with any of the conditions of this Use Permit or any other required permit, and /or the uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 14. A grease interceptor of adequate size is required in association with food preparation activities. 15. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 16. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type "41" On -Sale Beer and Wine license for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The sale of alcoholic beverages is prohibited for off -site consumption. Any change in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission or City Council. 17. The business shall comply with all federal, state, and local laws. .2j Planning Commission Resolution No. _ Paoe 6 of 8 18. A maximum of 6 special events (i.e. any event or promotional activity outside the normal operational characteristics of the restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code relating to Special Event Permits) shall be permitted each calendar year. Prior to having a special event, a Special Event Permit shall be obtained in accordance with the provisions of Chapter 11.03 of the Newport Beach Municipal Code. Any special events in excess of 6 special events per calendar year shall require the approval of an amendment to this Use Permit. 19. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his /her employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 20. 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. 21. Bottle service shall be prohibited. 22. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. Noise generated by live entertainment shall comply with any limitations contained in the Live Entertainment Permit. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. 23. No alcoholic beverages may be consumed at any time on any property adjacent to the licensed premises under the control of the license. 24. "Happy hour" type of reduced price alcoholic beverage promotions are prohibited. 25. The monthly gross sales of alcoholic to food shall not exceed 50% alcoholic beverages to 50% food service during the same period. The licensee shall maintain records that reflect separately the monthly gross sales of food and the gross sales of alcoholic beverages of the licensed business. Records shall be kept no less frequently than on a monthly basis and shall be made available to the Planning Department on demand. 26. There shall be no on -site radio, television, video, film, internet or other electronic media broadcasts, including recordings for the broadcast at a later time, which include the service of alcoholic beverages, and /or commercial film permit in accordance with Chapter 5.46 of the Municipal Code without first obtaining an approved Special Event Permit as issued by the City of Newport Beach. 27. Sales, delivery and consumption of alcoholic beverages shall be restricted to and within the confines of the building of the premises and sales or delivery of alcoholic beverages through any pass- through window is prohibited. 2 a Planning Commission Resolution No. Page 7 of 8 28. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 29. Storage outside of the building in the front, side or at the rear of the building shall be prohibited, with the exception of the required trash container enclosure. 30. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors, which may include the provision of fully self- contained dumpsters or may include 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 of the Newport Beach Municipal Code, including all future amendments (including Water Quality related requirements). 31. A covered wash -out area for refuse containers and kitchen equipment with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided and the area shall drain directly into the sewer system, unless otherwise approved in writing by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. 32. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this use permit. 33. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate), or otherwise screened from view of neighboring properties except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 34. The applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department within 30 days of approval of this Use Permit, or prior to opening the business, which ever comes first. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the Use Permit. 35. Valet service shall be permitted if the applicant obtains all appropriate approvals from the adjoining restaurant operators and permits from the City of Newport Beach. 36. Full menu lunch and dinner service shall be provided daily. 37. All deliveries shall be made on -site. 38. The south exit door shall swing outward and have panic hardware. 39. By signing this Use Permit, the permittee acknowledges all of the conditions imposed and accepts this permit subject to those conditions and with the full awareness of the 2� Planning Commission Resolution No. _ Page 8 of 8 provisions of Chapter 20.82 (Eating and Drinking Establishments) and Chapter 20.89 (Alcohol Beverage Outlets) of the Newport Beach Municipal Code. ACKNOWLEDGE OF USE PERMIT CONDITIONS -2 i RESOLUTION FOR UP2009 -020 ATTACHMENT N®. PC 2 25 �W RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2009 -0020 FOR A PARKING WAIVER FOR A RETAIL CENTER AT 4501 -4625 WEST COAST HIGHWAY (PA 2009 -050) WHEREAS, an application was filed by Daniel A. Biello, with respect to properties located at 4501 -4625 West Coast Highway; and WHEREAS, a public hearing was held on June 18, 2009, at 6:30 p.m. 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 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the subject property is located within the Retail Service Commercial zoning district and is subject to the requirements of Chapter 20.66 (Off- Street Parking and Loading Regulations) of the Zoning Code which requires a use permit approved by the Planning Commission; and WHEREAS, in accordance with Chapter 20.66 of the Newport Beach Municipal Code the Planning Commission makes the following findings and asserts the respective facts in Support of such findings: a. The parking demand will be less than the requirement in Section 20.66.030 In order to determine the parking demand, the City retained the services of a consultant to conduct a parking survey of the site. The survey was conducted by Transportation Studies Inc. (Attachment No. PC 4) over a four -day period from Wednesday, April 29 to Saturday, May 2, 2009. The survey was conducted to determine the daily usage of the parking lot at various hours throughout the day. Based on the parking survey, peak parking lot utilization occurred on Wednesday at 7:30 p.m. at which time 47 of the 162 (29 percent) parking spaces were available. The Public Works Department has reviewed the results of the parking survey and concluded that the proposed additional parking requirements could be accommodated by the existing parking lot. b. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking dernand. The project site includes seven eating and drinking establishments (one take -out service, three full - service and three take -out service, limited), two food and beverage stores, a salon, and three shops. Moreover, parking waivers have been approved for this site for the eating and drinking establishments. Any changes in use that would generate additional parking would require approval by the Planning Commission to amend the parking waiver use permit included in this application. J71 Planning Commission Resolution No. _ Page 2 of 3 NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2009 -020, subject to the Conditions set forth in Exhibit "A ". Section 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 18 DAY OF JUNE, 2009. BY: Scott Peotter, Chairman Barry Eaton, Secretary AYES: EXCUSED: r�� Planning Commission Resolution No. Pace 3 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL Any change to the parking demand would require approval by the Planning Commission to amend to the parking waiver use permit included in this application. I PROJECT PLANS ATTACHMENT No. PC 3 31 J I 'L04G OFlR FPI'4G tr G' - � THE GE4'RC � , in Z'I T' =ll �'_ � ` �•+ i. rv�i:ni rw.Y �OL0 SITF 11EVF,I OPMF.NT A ACCN Stii[ {IF HOUTF OF TRAVEI. SEC DETAILS PAGES A-1 K A L }I rwh y�Iflim. "� .� w,.,.kw•au.m u, w•�w m.. w.nn. m. - -- �. ;�� ''p,m+ uproamtrm r m< nu,nW I lvnwe 4 n� wn ..,..w o- d ,. nno. m ar iv ". =,vu..w nm.e wr,ameao .0 4, i.mw� ILl nr. wu ..x r•. m w ro� ssr um u. sse. • "w° ® °` a m r m<. w' 'MCm9 � <rx 55 D o � ne 1 � I /r x`s o � TI, Li -r.{ y' E'4v�AlLNR KKA,�A � _J RNiWe MfW � CnNYfRILT�' MF a - •R au orryuu acoc» e �OL0 SITF 11EVF,I OPMF.NT A ACCN Stii[ {IF HOUTF OF TRAVEI. SEC DETAILS PAGES A-1 K A L }I rwh y�Iflim. "� .� w,.,.kw•au.m u, w•�w m.. w.nn. m. - -- �. ;�� ''p,m+ uproamtrm r m< nu,nW I lvnwe 4 n� wn ..,..w o- d ,. nno. m ar iv ". =,vu..w nm.e wr,ameao .0 4, i.mw� ILl nr. wu ..x r•. m w ro� ssr um u. sse. • "w° ® °` a m r m<. w' 'MCm9 � <rx 55 D o � ne 1 � I /r x`s o � c a 'N S N pg- � gin G u is L Y� V� �i r ! 4^'w- N N 6 G RNiWe MfW O au orryuu acoc» e � 6U /�_ �darx r•iE Cmr� 79 i .:nmuLvecssra H '�D '� •fit' Site Plan °— 1—T > 1 "_i0' -T vnxx4G. roinL 144 JO? ADDRESS: K[9 -3 W.P�!! PA2009 -050 for UP2009 -012 & UP2009-020 c a 'N S N pg- � gin G u is L Y� V� �i r ! RESTROOM DISABLED ACCESS NOTES Ulw� ®nom DI LAVATORY CIMWCES SIDE ELEVATION -. vXtT �p G SIMON li Mill' OAY i� y y.= Seating $eotloPf O � 1 L I —_ -. C. �— �� Rear Elevation 0 �s tjI - .An � l L iL Front Elevation m., Floor Plan sI � N d yt O U„ r �z s xs vR� �I TDRESIIDID DFMEL -. vXtT �p G SIMON li Mill' OAY i� y y.= Seating $eotloPf O � 1 L I —_ -. C. �— �� Rear Elevation 0 �s tjI - .An � l L iL Front Elevation m., Floor Plan sI � N d yt O U„ r �z s xs vR� �I PARKING WAIVER APPROVALS ATTACHMENT No. PC 4 31 Parking Waivers April 4, 1985 Use Permit No. UP3139 (Jack in the Box) • 25 percent of the required parking spaces for the combined use of the property may be compact -size spaces. • 164 parking spaces (including 10 spaces in the drive -up stacking lane) shall be provided within the common parking area of the total site. • Five required parking spaces were waived. February 20, 1986 Use Permit No. UP1798 (The Alley) ■ Increase of the net public area by 210 square feet from 920 square feet to 1,130 square feet. • The 210 square feet additional square feet may only be occupied by patrons from 6:00 p.m. to 2:00 a.m. ■ Six required parking spaces were waived. April 20, 2006 Use Permit No. UP2006 -002 (Fuji Yama) • Change of the retail tenant space use from a shop to a full service, high turnover eating and drinking establishment with a Type 41 (On -Sale Beer and Wine) ABC License. • A nine -space increase in parking demand from seven spaces (1,550 of gross square feet with a parking ratio of 11250) to 16 spaces (620 square feet of net public area with a parking ratio of 1140). Waivers Use Permit Number Establishment Number of spaces waived Demand after approval UP3139 Jack in the Box 5 169 UP1798 The Alley 6 175 UP2006 -002 Fuji Yama 11` 184 TOTAL 22 31 Two spaces in the rear of the building off River Street were removed to provide for a service area. Therefore, 22 less parking spaces are provided on the site than required per the Zoning Code. A total of 162 parking spaces are provided on site. LIZ) PARKING STUDY ATTACHMENT N®. PC 5 41 t.i,, HA`i,04 -2005 (21 ::44 All TSI NEWPORT BEACH PARKING STUDY SUPERIOR AVEIBALBOA BLVD & COAST HIGHWAY WEDNESDAY APRIL 29, 2008 # OF SPACES FILLED 9:30AM 10:OOAM 10:30AM 11:OOAM 17 Lf 11:30AM 12:OOPM 12:30PM If 1:OOpM :30PM 2;OOPM 2 :30PM 3:OOPM 3:30PM Ll L 4:OOPM I 4:30PM 5:OOpM I 5:30PM _ B:OOPM I 6:30PM $ _ I_ 7 :30PM 7:30PM 8:OOPM 8:30PM I p� 9 :00PIA 9:30pM S g 10:00pM 1 5 10:30PM Z 11;OOPM 11:30PM L� 12:OOAM 11 17- ,- 549-"E:52 -"8441 P. !j2 /- �I3 PI AY—id.4- 2i9✓J9 0.2 :44 A19 •rte x NEWPORT BEACH PARKING STUDY SUPERIOR AVE /BALBOA BLVD & COAST HIGHWAY THURSDAY APRIL 30, 2009 # OF SPACES FILLED 9:30AM I 10:OOAM �r 10:30AM 11;OOAM - 11:30AM a` 12:OOPM TD 12:30PM 1:OOPM 7 1:30PM "7 2:00PIA 73 2:30PM 3:OOPM i 3:30PM 4:OOPM 4:30PM 5:OOPM I I 5:30PM 6:OOPM 6:30PM 7:OOPM 7:30PM B:OOPM I 8:30PM 9:OOPM 9:30PM _ 10:00PM 10:30PM d 11:OOPM 11:30PMMM� _ 12:OOAM i� 5<L'j +S S 2-,-:3441 F, . 03 k- I•IAle 70g1- 20i79 0s: =t F_. AI.1 TSI 32 4 4 1 F . iNl X15 19 rl" 721•4 _ 2 LI 0 9 1718 :47 AIII 'r^I NEWPORT BEACH PARKING STUDY SUPERIOR AVEIBALBOA BLVD &COAST HIGHWAY SATURDAY MAY 2, 2009 # OF SPACES FILLED 9:30AM 10:OOAM 10:30AM 11:OOAM 11:30AM p 12:OOPM 12:30PM p 1:00PM 1:3OPM 2:OUPM 2:30PM '7 3:OOPM 7 3:30PM 7Y 4:OOPM 4:30PM _ 5:00 P M 5:30PM oZ 6:00 P M fo 6:30PM % j` —�- 7:OOPM / 7:30PM B:OOPM :30PIM 9:00PM 9:30PM 10:30PM 11:0OPM 11:3UPM 12:OOAM -7 — "'-- J4s,-I.8 S 2-I- 8441 P. 1712 �I