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HomeMy WebLinkAbout3.0_Panini_ PA2009-115CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 3, 2009 Agenda Item No. 3 SUBJECT: Panini Garden Bistro, Ten Asian Bistro, and Red Night Club - (PA2009- 115) 4647 MacArthur Boulevard ■ Amendment No. 2 to Use Permit No. UP2002 -040 APPLICANT: Mopan Investments PLANNER: Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan @newportbeachca.gov PROJECT SUMMARY The application consists of an amendment (Amendment No. 2) to existing Use Permit No. UP2002 -040 to extend the hours of food service for two, full - service restaurants, Panini Garden Bistro and Ten Asian Bistro, until 4:00 a.m. The amendment incorporates an as -built male and female restroom facilities addition (403 square feet) as part of the facility authorized by the use permit for the Red Night Club. 1) Conduct a public hearing; and 2) Adopt a resolution: 1) Approving Amendment No. 2 to Use Permit No. UP2002 -040 for the extended hours of food service for Panini Garden Bistro and the inclusion of a restroom facilities addition into the approved floor plan for the Red Night Club (Attachment No. PC 1); and, 2) Denying extended hours of food service for Ten Asian Bistro (Attachment No. PC 1). Panini Garden Bistro, Ten Asian Bistro, and Red Night Club December 3, 2009 Page 2 ., i 107 Subject Properly �s LOCATION GENERAL PLAN ZONING CURRENT USE Administrative, Restaurant/nightclub facility ON-SITE Airport Office and Professional, Financial consisting of Ten Asian Bistro, Supporting Uses (AO) (APF) Red Night Club, & Parini Garden Bistro Office and Airport O and Administrative, NORTH Supporting Uses Professional, Financial General office APF SOUTH Mixed -Use Horizontal Newport Place Planned Radisson Hotel (across Birch MUH2 Community PC -11 Street EAST General Commercial Koll Center Planned General office Office COG Community PC -15 Airport Office and Administrative, WEST Supporting Uses (AO) Professional, Financial General office APF Panini Garden Bistro, Ten Asian Bistro, and Red Night Club December 3, 2009 Page 3 INTRODUCTION Project Setting The proposed project is located within the Airport Area of the City. The restaurant is located within an existing retail /business center on the westerly side of MacArthur Boulevard between Birch Street and Campus Drive. The total land area of the project site is approximately 3.2 acres. Each of the three establishments are interconnected with a shared kitchen and storage facilities, and are operated by the same ownership; however, the operational characteristics of each differ. Panini Garden Bistro is a restaurant and bakery operating from 7:00 a.m. to 1:00 a.m. daily; Ten Asian Bistro (formerly Mosun) is an Asian - inspired sushi restaurant operating from 11:00 a.m. to 1:00 a.m. daily; and Red Night Club (formerly Club M) is a nightclub and multi - purpose assembly facility operating every Thursday, Friday, and Saturday from the hours of 9:00 p.m. to 2:00 a.m. The two full - service restaurants and the night club occupy an approximately 14,759 - square- foot, two -story building. Other structures on the subject property are a two-story 11,142- square foot general commercial building and a single -story 6,464- square -foot retail /commercial building. General office uses are located north, east, and west of the property, and the Radisson Hotel is located south of the property across Birch Street. Project Description The applicant proposes to extend the hours of food service for the existing Panini Garden Bistro ( Panini) and Ten Asian Bistro (Ten) from 1:00 a.m. to 4:00 a.m. to provide an on -site dining option for club patrons after the Red Night Club (the Club) closes at 2:00 a.m. After 1:00 a.m., Ten's front doors would remain open and the sliding door separating Ten and the Club would open to provide access for patrons to enter Ten directly from the Club. During these hours, Ten would stop serving hot food from the kitchen and focus mainly on sushi. After 1:00 a.m., Panini would also keep front doors open, which would be the only entrance for Club patrons as Panini is separated from the Club by Ten. Panini would also have a different "after hours" menu emphasizing appetizers (Business Plan Attachment No. PC 5). No alcohol will be served after 1:00 a.m., in accordance with the conditions of their license issued by the Department of Alcoholic Beverage Control (ABC). The project also includes a revised Club floor plan to incorporate the 403 - square -foot male and female restroom facilities addition as part of the facility authorized by the use permit. There are existing male and female restroom facilities, one within the Club area and one between Panini's outdoor patio area and Ten's bar area. The restaurant area facility is not available to Club patrons as conditioned by UP2002 -040, Conditions Nos. 15, 16 and area facility difficult for Panini Garden Bistro, Ten Asian Bistro, and Red Night Club December 3, 2009 Page 4 17 (Attachment No. PC 3) to keep use of the areas separated. The Club is located adjacent the southerly side of the dance floor which makes it patrons to access. Furthermore, the additional restrooms alleviate congestion from patrons walking through the dance restrooms. Background floor to the existing Club area On May 8, 2002, the Planning Commission conditionally approved Use Permit No. UP2002 -040 permitting the establishment of two, full- service restaurants and a nightclub /multiple purpose assembly facility with dancing and live entertainment. Additionally, the use permit authorized the on -site sale of alcoholic beverages pursuant to the Alcoholic Beverage Ordinance (ABO) and a waiver of a portion of the off - street parking requirements. The Planning Commission meeting staff report and resolution and minutes from May 8, 2005 have been attached for reference (Attachments Nos. PC 2 and PC 3). The hours of operation for Panini and Mosun (Ten) were conditioned as follows per Condition No. 12 and No. 13: 12. "Hours of operation for the restaurant and outdoor patio area occupied by Panini, as depicted on the approved set of plans, shall be 7:00 a.m. to 1:00 a.m. daily." 13. "Hours of operation for the restaurant and outdoor patio area occupied by Mosun, as depicted on the approved set of plans, shall be 7:00 a.m. to 1:00 a.m. daily." In June of 2005, the Code Enforcement and Water Quality Division was made aware that Panini Garden Bistro was continuing to operate after the 1:00 a.m. closing time. It was reported that patrons were drinking and eating in the restaurant after the required closing time. A letter was sent to the applicant informing him of the violation, which prompted him to apply for an amendment to the subject use permit. On August 18, 2005, the Planning Commission amended Condition No. 12 to temporarily expand the hours of operation for Panini from 7:00 a.m. to 4:00 a.m. daily until August 2006 when the hours of operation were to revert back to 7:00 a.m. to 1:00 a.m. daily, unless the extended hours proved not to be detrimental, in which case the Planning Director was authorized to permanently change the hours of operation. In August 2006 the Planning Director extended the trial period for an additional one year because the applicant could not hire enough staff for the extended hours of operation. The restaurant only operated with the extended hours for a few months, and Planning Staff and the Police Department expressed concern that using a shortened trial period did not provide a realistic picture of the operation. In July 2007, the Police Department submitted a memorandum to the Planning Department objecting to a permanent change in the hours of operation, or for another Panini Garden Bistro, Ten Asian Bistro, and Red Night Club December 3, 2009 Page 5 one year extension, because the restaurant once again had not used the trial period to extend the hours of operation. The applicant explained that the restaurant had not operated under the extended hours due to the new management not being aware of the opportunity to extend the hours. The Planning Department gave the new management until August 18, 2007, for a request for an extension, however, they were unable to establish the proper staffing and the trial period expired on October 5, 2007. In June 2009, the Planning Department was made aware that the Club had expanded by adding restrooms without building permits. The addition totaled more than 250 square feet and is considered a major change in operational characteristics and would therefore require an amendment to existing Use Permit No. UP2002 -040. On September 4, 2009, the Planning Director approved a temporary use for Panini to extend their food service hours to 4:00 a.m. for a period not to exceed 90 days (Attachment No. PC 5). The Planning Director agreed to the proposed temporary use provided that the applicant submit an application for an amendment to the Use Permit to permanently restore the expanded hours of operation for Panini from 7:00 a.m. to 4:00 a. m. DISCUSSION Analysis The applicant states that extending the hours of operation of food service from 1:00 a.m. to 4:00 a.m. would provide a dining opportunity on -site for Club patrons so they do not have to drive to other locations immediately after closure of the Club. The added area of Ten and Panini would create a late hours facility larger than the area of the Club. A larger area could magnify challenges for law enforcement, such as alcoholic beverage control monitoring. Also, there is insufficient police staffing in the Airport Area during late hours due to higher demand for Police resources throughout the City, particularly on the Balboa Peninsula. Newport Beach Police Department Concerns The Newport Beach Police Department has provided staff with the attached report (Attachment No. PC 7), including police activities and calls for service data, concerns with the proposed extended hours, and recommendations and conditions regarding the proposed extended hours. During review of the Temporary Use for Panini extended hours in September 2009, the Police Department expressed concerns to the Planning Department because of its proximity to the Club. The Police Department is already required to spend a considerable amount of time policing this location after the Club closes and the area of concern would increase with the extension of the hours of operation of Panini. Since the Temporary Use was established on September 4, 2009, the Police Department has had the opportunity to monitor Panini between 2:00 a.m. and 4:00 a.m. and there have been no major issues related to the extended hours. Panini Garden Bistro, Ten Asian Bistro, and Red Night Club December 3, 2009 Page 6 The Police Department does object to extending the hours of operation for Ten from 1:00 a.m. until 4:00 a.m. because this would accommodate twice as many patrons at the late hour and it would further increase the potential for Police- related problems after the Club closes. Additionally, because these three establishments are interconnected, there is a concern that the distinction between the Club and the restaurants would be compromised between the hours of 2:00 a.m. and 4:00 a.m., thus creating a significant challenge for law enforcement in terms of monitoring ABC compliance and enforcement. General Plan The General Plan designates the subject property as Airport Office and Supporting Uses (AO). The AO category identifies uses which support the John Wayne Airport and the surrounding Airport Area, including restaurants and services. The proposed extended hours of operation and the 403 - square -foot addition of the restrooms does not change the use of the restaurant and Club and therefore remains consistent with this designation. Zoning Code The current zoning classification of the subject property is Administrative Professional Financial (APF). The . existing full .service restaurants and nightclub /multi - purpose assembly facility venue were established in conformance with the Zoning Code under existing Use Permit No. UP2002 -040. Section 20.91.035 of the Zoning Code provides findings that are required to be made by the Planning Commission to conditionally approve an application for a use permit. The following provide the required findings and facts supporting the findings as they pertain to the extension of hours for Panini and the inclusion of the restroom facilities addition into the approved floor plans for the Red Night Club. 1. 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. The location of the restaurants and nightclub are in the airport commercial area. Surrounding land uses are dominated by retail commercial, professional office and visitor- serving uses. Restaurant and nightclub uses are compatible to the surrounding commercial uses. The use is not being changed with the proposed extended hours for Panini Garden Bistro or by incorporating the male and female restroom facilities addition into the approved floor plan for the Red Night Club. 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 Panini Garden Bistro, Ten Asian Bistro, and Red Night Club December 3, 2009 Page 7 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 project site is not located in close proximity to residential districts, day care centers, schools, park and recreation facilities or places of religious assembly. The extended food service hours for Panini Garden Bistro have been conditioned so that additional security is provided within the restaurant and within the parking lot to prevent any potential security problems and will operate in accordance with the comprehensive security plan in place and approved by the Newport Beach Police Department for the subject project site. 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. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code. The project has been conditioned in such a manner to require strict adherence to safety and noise regulations. Patron access to Panini Garden Bistro between the hours of 1:00 a.m. and 4:00 a.m. will be limited exclusively to the entrance identified with Panini signage for food service only. The findings could not be made to recommend approval of the request for the extended food service hours for Ten Asian Bistro from 1:00 a.m. to 4:00 a.m. and the following is the finding for denial and facts supporting the finding: The granting of a use permit amendment to extend the closing hour of Ten Asian Bistro from 1:00 a.m. to 4:00 a.m. will be detrimental to the health, safety, peace, comfort and general welfare of the City for the following reasons: The extension of the hours of operation would accommodate twice as many patrons at the late hour and it would further increase the potential for police - related problems after the Red Night Club closes. The increased area would also increase the demand on law enforcement services at a greater rate should problems arise. The uses on the subject site are interconnected and the extended hours would compromise the distinction between the Red Night Club and Ten Asian Bistro between the hours of 2:00 a.m. and 4:00 a.m. This would create a significant challenge for law enforcement in terms of monitoring ABC compliance and enforcement. Panini Garden Bistro, Ten Asian Bistro, and Red Night Club December 3, 2009 Page 8 Parking Waiver The proposed extended hours for Panini and the addition of the restrooms within the Club do not create the need for additional parking. Therefore, the findings and approval for granting a waiver of a portion of the required off - street parking found in Resolution 1600 (Attachment No. PC 2) remain in effect and the related conditions have been included in the draft Resolution (Attachment No. PC 1). Alcohol Beverage Outlet Ordinance The proposed amendment does not include any expansion of alcohol beverage outlet use. Section 20.89.030 requires an existing alcohol beverage outlet to obtain a new use permit under certain circumstances none of which include the proposed extended hours for Panini and the restroom addition within the Club. Therefore, the existing alcohol beverage outlet required findings and approval found in Resolution 1600 (Attachment No. PC 2) remain in effect and the related conditions have been included in the draft Resolution (Attachment No. PC 1). Alternatives 1. The Planning Commission may approve the amendment as requested including the extended hours of food service for Ten Asian Bistro from 1:00 a.m. to 4:00 a.m. 2. The Planning Commission may deny the request for all extended food service hours for Panini Garden Bistro and Ten Asian Bistro and only approve the amendment to incorporate the male and female restroom facilities addition into the approved floor plan for the Red Night Club. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). This categorical exemption allows for the repair, maintenance and minor alternations of an existing building including additions that will not result in an increase of more than 50 percent of the floor area of the structure before the addition or 2,500 square feet, whichever is less ( restroom facility addition), and negligible or no expansion of use (extended food service hours). Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) 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. Panini Garden Bistro, Ten Asian Bistro, and Red Night Club December 3, 2009 Page 9 Prepared by: _Uj- I, Ind -- Melinda Whelan, Assistant Planner Submitted by: DaviTLepo, Planni-n./�*ector ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 May 8, 2003, Planning Commission Staff Report including PC 3 May 8, 2003, meeting minutes PC 4 Temporary Use approved September 4, 2009 PC 5 Plans dated October 1, 2009 and Business Plan PC 6 Police Report F:\Users\PLN \Shared \PASS \PAS - 2009\PA2009- 115 \UP2002- 040A.doc Resolution 1600 Attachment No. PC 1 Draft Resolution with Findings and Conditions RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH FOR: 1) APPROVING AMENDMENT NO. 2 TO USE PERMIT NO. UP2002 -040 FOR THE EXTENDED HOURS OF FOOD SERVICE FOR PANINI GARDEN BISTRO AND THE INCLUSION OF THE MALE AND FEMALE RESTROOM FACILITIES ADDITION INTO THE APPROVED FLOOR PLAN FOR THE RED NIGHT CLUB; AND, 2) DENYING EXTENDED HOURS OF FOOD SERVICE FOR TEN ASIAN BISTRO FOR A PROPERTY LOCATED AT 4647 MACARTHUR BOULEVERD (PA2009 -11S) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Mopan Investments, with respect to property located at 4647 MacArthur Boulevard, and legally described as Lot 13, Tract 05169 requesting approval of Amendment No. 2 to Use Permit No. UP2002 -040. 2. The applicant proposes to extend the hours of food service for two full - service restaurants, Panini Garden Bistro and Ten Asian Bistro, until 4:00 a.m. The amendment incorporates an as -built male and female restroom facilities (403 square feet) addition as part of the facility authorized by the use permit for the Red Night Club. 3. The subject property is located within the APF Zoning District and the General Plan Land Use Element category is AO. 4. The subject property is not located within the coastal zone. 5. A public hearing was held on December 3, 2009 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. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class Section 15301, of the CEQA Guidelines - Class 1 Existing Facilities. 2. This categorical exemption allows for the repair, maintenance and minor alterations of an existing building including additions that will not result in an increase of more than 50 percent of the floor area of the structure before the addition or 2,500 square feet, Planning Commission Resolution No. Page 2 of 11 whichever is less (restroom facility addition), and negligible or no expansion of use (extended food service hours). SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. 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: A -1. The location of the restaurants and nightclub are in the airport commercial area. Surrounding land uses are dominated by retail commercial, professional office and visitor- serving uses. Restaurant and nightclub uses are compatible to the surrounding commercial uses. The use is not being changed with the proposed extended hours for Panini Garden Bistro or by incorporating the male and female restroom facilities addition into the approved floor plan for the Red Night Club. B. 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: B -1. The project site is not located in close proximity to residential districts, day care centers, schools, park and recreation facilities or places of religious assembly. The extended food service hours for Panini Garden Bistro have been conditioned so that additional security is provided within the restaurant and within the parking lot to prevent any potential security problems and will operate in accordance with the comprehensive security plan in place and approved by the Newport Beach Police Department for the subject project site. C. 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: C -1. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code. The project has been conditioned in such a manner to require strict \A Planning Commission Resolution No. Paae 3 of 11 adherence to safety and noise regulations. Patron access to Panini Garden Bistro between the hours of 1:00 a.m. and 4:00 a.m. will be limited exclusively to the entrance identified with Panini Garden Bistro signage for food service only. The findings could not be made to recommend approval of the request for the extended food service hours for Ten Asian Bistro from 1:00 a.m. to 4:00 a.m. Finding for Denial The granting of a use permit amendment to extend the closing hour of Ten Asian Bistro from 1:00 a.m. to 4:00 a.m. will be detrimental to the health, safety, peace, comfort and general welfare of the City. Facts in Support of Finding This would accommodate twice as many patrons at the late hour and it would further increase the potential for police related problems after the Red Night Club closes. The increased area would also increase the demand on law enforcement services at a greater rate should problems arise. The uses on the subject sit a are interconnected and the extended hours would compromise the distinction between the Red Night Club and Ten Asian Bistro between the hours of 2:00 a.m. and 4:00 a.m. This would create a significant challenge for law enforcement in terms of monitoring ABC compliance and enforcement. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby 1) Approves Amendment No. 2 to Use Permit No. UP2002 -040 for the extended hours of food service for Panini Garden Bistro and the inclusion of the male and female restroom facilities addition into the approved floor plan for the Red Night Club subject to the conditions set forth in Exhibit A; and, 2) Denies extended hours of food service for Ten Asian Bistro. 2. The proposed extended hours for Panini Garden Bistro and the addition of the restrooms within Red Night Club does not create the need for additional parking. Therefore, the findings and the waiver of a portion of the required off - street parking found in Resolution 1600 remain in effect. The proposed amendment does not include any expansion of alcohol beverage outlet use and Section 20.89.030 does not require the existing alcohol beverage outlet to obtain a new use permit for the proposed extended hours for Panini Garden Bistro and the restroom addition within the club. Therefore, the existing alcohol beverage outlet findings and approval found in Resolution 1600 remain in effect. X5 Planning Commission Resolution No. 4ofII 4. 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 3rd DAY OF DECEMBER, 2009. AYES: NOES: ABSTAIN ABSENT: L�' Robert Hawkins, Chairman BY: Charles Unsworth, Secretary \14 Planning Commission Resolution No. EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT NO. 2 to USE PERMIT NO. UP2002 -040 PLANNING The development shall be in substantial conformance with the site plan and elevations dated September 20, 2002 and the revised floor plan dated October 1, 2009. 2. Amendment 2 to Use Permit No. UP2002 -040 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. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. Any change in operational characteristics, hours of operation, expansion in area or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit, 5. 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. 6. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 7. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. & The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Il Planning Commission Resolution No. 1 9. The Use Permit for the two restaurant uses, as depicted on the approved set of plans is for an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavem, cocktail lounge, nightclub or commercial recreational entertainment venue. 10. The Use Permit for the nightclub use, as depicted on the approved set of plans is for a nightclub or event assembly use. 11. Hours of operation for Panini Garden Bistro, as depicted on the approved set of plans, shall be from 7:00 am to 4:00 a.m. daily. The extended hours from 1:00 a.m. until 4:00 a.m. shall be for food service only and alcohol beverage service shall end at 1:00 a.m. 12. Patron access to Panini Garden Bistro between the hours of 1:00 a.m. and 4:00 a.m. shall be limited exclusively to the entrance identified with Panini signage. Food service between the hours of 1:00 a.m. and 4:00 a.m. shall be restricted to seating and tables in the northerly corner of the building and the adjacent outdoor patio areas as depicted on the approved revised floor plans dated October 1, 2009. 13. In conjunction with the expansion of the closing hour for Panini Garden Bistro from 1:00 a.m. to 4:00 a.m., additional security shall be provided within the restaurant and within the parking lot to prevent any potential security problems. The additional security shall operate in accordance with the comprehensive security plan approved by the Newport Beach Police Department for the site. 14. Hours of operation for the restaurant and outdoor patio area occupied by Ten Asian Bistro, as depicted on the approved set of plans, shall be from 11:00 a.m. to 1:00 a.m. daily. 15. Hours of operation for the nightclub area occupied by Club M /Multi- Purpose Venue, as depicted on the approved set of plans, shall be from 9:00 pm to 2:00 am daily. These hours may be expanded to 6:00 am to 2:00 am upon submittal and approval of a parking management plan and related off -site parking agreement by the Planning Commission 00 Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA N/A 60dBA 9. The Use Permit for the two restaurant uses, as depicted on the approved set of plans is for an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavem, cocktail lounge, nightclub or commercial recreational entertainment venue. 10. The Use Permit for the nightclub use, as depicted on the approved set of plans is for a nightclub or event assembly use. 11. Hours of operation for Panini Garden Bistro, as depicted on the approved set of plans, shall be from 7:00 am to 4:00 a.m. daily. The extended hours from 1:00 a.m. until 4:00 a.m. shall be for food service only and alcohol beverage service shall end at 1:00 a.m. 12. Patron access to Panini Garden Bistro between the hours of 1:00 a.m. and 4:00 a.m. shall be limited exclusively to the entrance identified with Panini signage. Food service between the hours of 1:00 a.m. and 4:00 a.m. shall be restricted to seating and tables in the northerly corner of the building and the adjacent outdoor patio areas as depicted on the approved revised floor plans dated October 1, 2009. 13. In conjunction with the expansion of the closing hour for Panini Garden Bistro from 1:00 a.m. to 4:00 a.m., additional security shall be provided within the restaurant and within the parking lot to prevent any potential security problems. The additional security shall operate in accordance with the comprehensive security plan approved by the Newport Beach Police Department for the site. 14. Hours of operation for the restaurant and outdoor patio area occupied by Ten Asian Bistro, as depicted on the approved set of plans, shall be from 11:00 a.m. to 1:00 a.m. daily. 15. Hours of operation for the nightclub area occupied by Club M /Multi- Purpose Venue, as depicted on the approved set of plans, shall be from 9:00 pm to 2:00 am daily. These hours may be expanded to 6:00 am to 2:00 am upon submittal and approval of a parking management plan and related off -site parking agreement by the Planning Commission 00 Planning Commission Resolution No. 7of11 16. Live entertainment is permitted in the nightclub (Red Night Club) portion of the facility only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. 17. Dancing is permitted in the nightclub (Red Night Club) portion of the facility only. 18. Dancing and live entertainment is not permitted in the two restaurant areas, as depicted on the approved set of plans, unless authorized by a special events permit or an amendment to the Use Permit. 19. No background music shall be allowed on any of the outdoor patios, dining areas, lounges or waiting areas. 20. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 21. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 22. Full meal service shall be provided during all hours of operation for both restaurants. 23. Strict adherence to maximum occupancy limits is required. 24. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 25. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 26. All doors and windows of the entire facility shall remain closed at all times except for the ingress and egress of patrons and employees. 27. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion \0\ Planning Commission Resolution No. Paae 8 of 11 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. 28. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the restaurant uses shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The consumption of alcoholic beverages shall be limited to the interior of the restaurants and the outdoor dining areas only. The sale for off -site consumption of alcoholic beverages is prohibited. Any upgrade 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. 29. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the nightclub use shall be a Type 48 (full alcohol service for on -site consumption only), and only in conjunction with the service of food as the principal use of the facility. The consumption of alcoholic beverages shall be limited to the interior of the nightclub and the outdoor dining areas only. The sale for off -site consumption of alcoholic beverages is prohibited. Any upgrade 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. 30. 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. 31. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 32. Should this business or alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either 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. 33. The quarterly gross sales of alcoholic beverages in the approved restaurants shall not exceed the gross sales of food 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 demand. 34. No "happy hour" type of reduced price alcoholic beverage promotion is permitted except when served in conjunction with food ordered from the full service menu. 35. 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 Ip Planning Commission Resolution No. beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 36. All parking in conjunction with this use shall be confined to the parking lots over which the applicant has written rights to park. If, in the opinion of the Planning Director, the proposed use creates parking congestion at the site the applicant shall immediately resolve the congestion problem by reducing attendance until the parking congestion is eliminated and parking is properly managed. The Planning Director has the discretion to require the preparation of a revised parking management plan and /or require valet parking on an off -site location. Fire Department Conditons 37. Covers for outdoor patios require building permits including providing the required canopy fabric to meet NFPA 701 for the Fire Department. 38. The appropriate building permits shall be obtained to install fire sprinklers that shall be provided underneath the canopies. 39. Open flame assembly occupancy requires approval from the Fire Department. Obtain the appropriate permits for fire pits beneath the canopies on the Red Night Club Patio 1, Ten Asian Bistro Patio 1, and Panini Garden Bistro Patio 1. 40. The applicant shall obtain the appropriate building permits and install a manual fire alarm system with an emergency voice /alarm communications system as required in accordance with Section 907.2.1 of the California Fire Code. 41. Prior to the issuance of building permits, plans for the installation of the fire alarm system must be submitted to the Newport Beach Fire Department for review and approval. 42. All exits shall remain free of obstructions and available for ingress and egress at all times. 43. Alterations to the interior of the existing structure may require alteration to the existing fire sprinkler system. Plans and permit application must be submitted for the alteration of the automatic sprinkler system prior to the issuance of building permits. 44. All commercial cooking equipment that produces grease -laden vapors must be provided with fire protection. Hood and exhaust ducts must also be protected. Separate plans and permits approved by the Newport Beach Fire Department are required for the kitchen fire suppression system. Building Department Conditions IN Planning Commission Resolution No. Paqe 10 of 11 45. The applicant shall obtain the appropriate building permits for the as -built addition of the 403 - square -foot restroom facilities within the Red Night Club area. 46. Prior to the final inspection of building permits and the issuance of the certificate of occupancy, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. 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. 47. The number of plumbing fixtures in the public restrooms shall comply with the Uniform Building Code (Appendix 29A). 48. A grease interceptor of adequate size may be required in association with food preparation activities pursuant to the Building Code. 49. Prior to the issuance of building permits, approval from the Orange County Health Department is required 50. Prior to issuance of a Building Permit, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Department. The outdoor dining /patio areas shall be required to drain into adjacent landscaping and shall not drain into the storm drain system. The perimeter of the outdoor dining areas shall be secured by a railing designed to meet ABC requirements; final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 51. Prior to the final of building permits, the location of maximum occupancy postings in section of the building /patios shall be inspected and approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and public safety personnel. 52. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specked by Title 20 by providing self - locking gates. 53. Prior to issuance of a Building Permit, the proposed use shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer and Building Department. These stalls shall be properly labeled and dimensioned on the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. 54. Valet parking is allowed upon approval of the Public Works Department. 1:�. Planning Commission Resolution No. Pape 11 of 11 55. Prior to issuance of a Building Permit, the applicant shall obtain an approved final parking management plan subject to review and approval by the City Traffic Engineer. The parking management plan shall include a parking lot signage plan if reserved spaces are proposed for any tenants. The parking management plan shall also include a statement that no recreational vehicles, boats, or similar vehicles shall be stored any time at the subject site. The applicant shall comply with all of the City's property maintenance laws and ordinances. The parking management plan shall be implemented at all times. 13 Attachment No. PC 2 May 8, 2003 Staff Report including Resolution 1600 135 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 May 8, 2003 TO: PLANNING COMMISSION FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, gram ireztaicity .newport- beach.ca.us SUBJECT: Mosun of Newport Beach, 4647 MacArthur Boulevard Use Permit No. 2002 -040 (PA2002 -193) Request for a Use Permit to allow two (2) full service restaurants and a nightclub /multiple use venue with dancing and live entertainment and to authorize the on -site sale of alcoholic beverages pursuant to the Alcoholic Beverage Ordinance (ABO). The application also includes a request to waive a portion of the required off- street parking. APPLICANT: Bret Carman for Mosun of Newport Beach RECOMMENDATION: Staff recommends the Planning Commission approve Use Permit No. 2002 -193 with a modification of the applicant's request subject to the findings and conditions of approval included within the attached draft resolution. Site Overview: The proposed project is located in an existing retail /business center on the westerly side of MacAruthur Boulevard between Birch Street and Campus Drive. The total project site is approximately 3.2 acres with the proposed project occupying an existing 17,650 square foot, two -story restaurant building. Other structures on the subject property consist of a two -story 11,142 square foot general commercial building and a single story 6,464 square foot commercial /retail building. A total of 193 parking spaces are provided on site. The proposed project will occupy tenant space formerly occupied by a Coco's restaurant (including product development facility), which has recently closed, and Tibbie's Music Hall, which closed several years ago. 1 P Mosun of Newport Beach May 8, 2003 Page 2 Project Overview: The proposed project consists of two restaurants and a nightclub /multi- purpose venue with shared kitchen and storage facilities. The applicant is proposing to eliminate approximately 1,800 square feet of the existing 2,400 square foot second floor to open the structure up with vaulted ceilings. The remaining 600 square feet of the second floor will be used for storage. The resulting combined area for the entire project is approximately 15,850 square feet. Additional construction includes four new outdoor dining /patio areas and exterior architectural improvements. The applicant intends to 100 Mosun of Newport Beach May 8, 2003 Page 3 purchase the existing ABC license (Type 47, On -Sale General) from Coco's although a Type 48 license may be required for the nightclub. The California Department of Alcoholic Beverage Control will make this determination after the applicant submits an application to them and they have the opportunity to review the floor plans. Although each of the three establishments will be interconnected and operated by the same ownership, the proposed operational characteristics for each differ. Panini Mediterranean Cafe Panini Mediterranean Cafe occupies the easterly portion of the structure formerly occupied by Coco's Restaurant and consists of approximately 1,400 square feet of interior net public area. The interior consists of traditional dining room seating (40 portable /15 fixed seats) and bar (10 seats). Additionally, Panini has two separate outdoor patios totaling approximately 1,013 square feet (476 square feet and 537 square feet, respectively) with a total of 52 seats. Panini is proposed to be open for breakfast, lunch and dinner with business hours of 7 A.M. to 1 A.M. daily. Full meal service will be available during all hours of operation and alcoholic beverage service (Type 47 ABC license) is requested. Mosun Sushi Mosun Sushi occupies the middle portion of the structure and is comprised of approximately 3,000 square feet of net public area divided between a main dining room and a separate cocktail lounge. The main dining room is approximately 2,400 square feet of net public area and includes a sushi bar. Proposed dining room seating is in the form of 45 portable seats and 24 fixed seats with an additional 24 portable seats at the sushi bar. The remaining 600 square feet of net public area is comprised of a small cocktail lounge. Seating for this area consists of 14 portable seats, 6 fixed seats at tables and 10 portable seats at the bar. Additionally, a 527 square foot outdoor patio with 32 portable seats and a 371 square foot exterior waiting and cocktail area is proposed. Mosun Sushi is proposed to be open for lunch and dinner daily from 11 A.M. until 1 A.M. Full meal service will be available during all hours of operation and alcoholic beverage service (Type 47 ABC license) is requested. Club M /Multi Purpose Venue Club M is a proposed nightclub and multi - purpose assembly facility. The requested hours for the nightclub are 9:00 PM to 2:00 AM daily, although the applicant has indicated that the nightclub would typically be open Friday and Saturday nights with occasional or seasonal hours Sunday through Thursday. Club M is comprised of approximately 3,586 square feet of net public area that includes a 650 square foot dance floor. The only proposed seating for Club M is 17 portable bar seats. Additionally, the applicant proposes a 1,200 square foot exterior patio in space currently occupied by a loading dock adjacent to Club M with 36 portable patio seats. The California Q�N Mosun of Newport Beach May 8, 2003 Page 4 Department of Alcoholic Beverage Control will determine the type of ABC license required when the applicant formally applies. The applicant also proposes to use the area occupied by Club M as a venue for special events (banquets, weddings, concerts, fashion shows, holiday parties, etc.). The applicant has requested that the events be permitted at any time between the hours of 6:00 AM and 2:00 AM daily. This multi - purpose venue setup could accommodate 118 portable seats and the use of moveable partitions is proposed to create three separate banquet rooms. The table below provides a summary of basic operational characteristics. PROJECT CHARACTERISTICS (Table 1) ' Outdoor dining area in excess of 25% of interior net public area is not considered accessory and must be added to the interior net public area and used in required parking calculations. ** Total does not include Multi -Use Venue Analysis: The proposed eating and drinking establishments and nightclub require approval of a use permit for the use, alcoholic beverage service (ABC) and a waiver of a portion of the required off - street parking space requirements. General Plan The Land Use Element of the General Plan designates the project site as Administrative, Professional and Financial Commercial. Restaurant and nightclub uses with on -site alcoholic beverage service and consumption are permitted uses in the Administrative, Professional and Financial Commercial land use designation. 67 S Hours Net Public Patio Net Public Seating Occupancy (Daily) Area Area Area Interior /Exterior (Estimated) Interior (Total)* Panini 7:00 AM — 1,401 sq ft. 1,013 sq. 2,064 65/52 160 1:00 AM ft. Mosun 11:00 AM — 2,982 sq. ft. 898 3,353 125/32 258 1:00 AM Club M 9:00 PM — 3,586 sq. ft. 1,200 sq. 4,786 17/36 367 2:00 AM ft. Multi- Varies 3,586 sq. ft. 1,200 sq. 4,786 118/36 308 Use (6:00am — ft. Venue 2:00am Total*" 7:00 AM — 7,969 sq. ft. 3,111 10,203 207/120 785 2:00 AM ' Outdoor dining area in excess of 25% of interior net public area is not considered accessory and must be added to the interior net public area and used in required parking calculations. ** Total does not include Multi -Use Venue Analysis: The proposed eating and drinking establishments and nightclub require approval of a use permit for the use, alcoholic beverage service (ABC) and a waiver of a portion of the required off - street parking space requirements. General Plan The Land Use Element of the General Plan designates the project site as Administrative, Professional and Financial Commercial. Restaurant and nightclub uses with on -site alcoholic beverage service and consumption are permitted uses in the Administrative, Professional and Financial Commercial land use designation. 67 S Mosun of Newport Beach May 8, 2003 Page 5 Zonina Code The subject property is located within the Administrative, Professional and Financial Commercial zoning district. Restaurant and nightclub uses are allowed in this district with the approval of a use permit. Hours of Operation The proposed hours of operation are: Venue Hours Dail Panini 7:00 AM — 1:00 AM Mosun 11:00 AM —1:00 AM Club M 9:00 PM - 2:00 AM Multi Purpose 6:00 AM — 9:00 PM The proposed hours of operation are typical for restauranttbars and nightclubs. Given that the proposed project is located in a commercial area with no nearby residential uses, staff believes they are acceptable. Live Entertainment and Dancin4 The applicant requests approval for live entertainment and dancing at Club M. Although the applicant has requested approval to operate the nightclub daily, they have indicated that the club will typically be open on Friday and Saturday nights and possibly occasional Thursdays. The request for daily operations is requested to give them flexibility to operate occasionally during the week or other days, seasonally. Pursuant to Municipal Code requirements, the applicant is required to obtain a Live Entertainment Permit, which includes a requirement to provide an acoustical study, which is issued by the City Manager prior to these activities occurring at the facility. The applicant has indicated that a cover charge will be assessed to patrons of the nightclub; therefore, a Cafe Dance permit is not required to be obtained pursuant to Chapter 5.32 of the Municipal Code. Noise The applicant proposes live entertainment and pre - recorded music in the nightclub, and background music within the restaurants and on the outdoor patio areas. Staff is concerned that the proposed live and recorded music and patrons on the patios may generate enough noise to impact surrounding businesses and potentially guests at the Radisson Hotel, which is located approximately 550 feet away and has windows that open. In addition to complying with all applicable Municipal Code sections pertaining to the control of noise, staff recommends the following conditions of approval to mitigate against potential noise related problems: rb\ Mosun of Newport Beach May 8, 2003 Page 6 Require that all doors and windows be closed at all times to prevent noise from emanating. ■ Restrict the use of live or pre- recorded music or amplification to the interior of the establishment. ■ No audible outdoor paging system be permitted. Based on these conditions, the proximity to the Radisson, the high ambient noise levels of the area and the lack of other sensitive land uses in the area, staff believes that the noise generated by the proposed project will not be a significant issue. Waiver of Required Parking With this type of use, sufficient parking is always a concern. As indicated on the site plan, the shopping center currently has a total of 193 on -site parking spaces (includes 6 disabled spaces) that is shared between the tenants on the site. When determining the amount of parking required by the Zoning Code, the square footage of each individual tenant and type of business must be determined to apply the applicable parking ratio. The applicant has provided a list of existing tenants, the square footage occupied and the hours of operation (Table 2). EXISTING TENANT PARKING REQUIREMENT (Table 2) Tenant Use Business Hours Square Footage Required Parking* Social Security U.S. Government Office 9:00am- 4:00pm 6,142 24.57 Saunders Properties Business Offices 10:00am — 6:00 pm 5 000 20 London Coin Retail 10:00am — 5:00 pm 3,191 12.76 Fax & Mail Retail 9:OOam — 6:00 pm 1,093 4.37 Gentil Pennewaert Martial Arts Studio 11:00am — 9:00 m 2,180 8.72 TOTALS 17,606 71 *Required Parking based on 1 space per 250 square feet (gross) Required Parking for Project The parking standard for restaurants and nightclubs specified by the Municipal Code is one parking space for each 30 to 50 square feet of net public area. The specific ratio applied is based on the operational characteristics of the establishment. Typically, a parking ratio of 1 space per each 40 square feet of net public area is used for full service, low turnover restaurants similar to the proposed restaurants. Required parking for the proposed outdoor dining areas is required to be provided for the portion of outdoor dining areas that exceeds 25% of the interior net public area. Using this calculation the required number of parking spaces required for the restaurants is 136. fb� Mosun of Newport Beach May 8, 2003 Page 7 Staff recommends that the required parking for the nightclub /multi -use venue be based upon a 1 space for each 30 square feet of net public area due to the expected occupancy of the nightclub. The net public area for the nightclub includes 3,586 square feet of interior net public area and the 1,200 square foot exterior patio area for a total net public area of 4,786 square feet. Using this calculation, the number of parking spaces required for the nightclub is 160. As shown on Tables 3 and 4 below, when the proposed project operate simultaneously with the other uses of the site and when it operates independently (after 9:00 PM) the site is deficient parking at all times, seven days a week. PROPOSED PROJECT PARKING REQUIREMENT MONDAY THRU FRIDAY (Table 3) SATURDAY AND SUNDAY (Table 4) Breakfast Hrs. 7:00am — 11:00am Lunch Hrs. 11:00am — 3:00 m Dinner Hrs. 5:00 m — 9:00 m Evening Hours After 9:00 m Panini 1 /40 52 52 52 52 Mosun 1/40 Closed 84 84 84 M 1/30 Closed Closed Closed 160 Multi-Purpose 160 160 160 N/A Other Tenants 71 71 34 0 Total Re uired 283 367 330 298 Total Provided 193 193 193 193 Parkin Deficit 90 174 137 103 SATURDAY AND SUNDAY (Table 4) Off-Site Parking The property owner has indicated that parking on properties under his ownership located at 4500, 4540 and 4630 Campus would be available for use by the proposed business. Exhibit No. 7 is an aerial photograph showing the subject property and those at 4500, 4540 and 4630 Campus. According to information received, the majority of businesses on these adjoining properties keep 9 -5 hours and several hundred parking spaces would be available during the evening hours when Club M and both restaurants are operating. These off -site spaces are not available during the day due to heavy use WN Breakfast Hrs. 7:00am — 11:00am Lunch Hrs. 11:00am — 3:00 pm Dinner Hrs. 5:00 m — 9:00 m Evening Hours After 9:00 m Panini 52 52 52 52 Mosun Closed 84 84 84 M Closed Closed Closed 160 Multi-Purpose 160 160 160 N/A Other Tenants 27 27 14 0 Total Re uired 239 323 310 296 Total Provided 193 193 193 193 Parking Deficit 46 130 117 103 Off-Site Parking The property owner has indicated that parking on properties under his ownership located at 4500, 4540 and 4630 Campus would be available for use by the proposed business. Exhibit No. 7 is an aerial photograph showing the subject property and those at 4500, 4540 and 4630 Campus. According to information received, the majority of businesses on these adjoining properties keep 9 -5 hours and several hundred parking spaces would be available during the evening hours when Club M and both restaurants are operating. These off -site spaces are not available during the day due to heavy use WN Mosun of Newport Beach May 8, 2003 Page 8 by employees and patrons of the businesses they serve. Of the three sites, only 4630 Campus (45 spaces) has direct vehicular and pedestrian access to the project site. If patrons were to use the parking at 4500 and 4540 Campus (310 parking spaces total) they would have to cross properties not under the same ownership to access the proposed restaurants and nightclub. Staff is concerned about restaurant and nightclub patrons crossing private property, which may not be adequately lit or patrolled, to access vehicles. However, the potential of using the 45 spaces provided at 4630 Campus during the evening hours does bring the project closer to compliance, leaving it 58 spaces short of the required 296. Should the other lots be considered for use, staff believes a comprehensive parking plan should be prepared which would include requiring a valet parking plan. Additionally, the only way to secure the off -site parking is through an off -site parking agreement as opposed to the suggested shared use of the parking lots which could be eliminated with a change of ownership. Parking Waiver In order to grant a parking waiver, Section 20.66.100 requires that one or more of the following conditions be met: "A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites." A municipal parking lot is not located within proximity of the site and there is no on- street. 2. `The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously." As shown on Tables 3 and 4, the site is deficient parking at all times during the week and weekends. The deficiency is lower on the weekends as some of the existing office and retail uses are closed. Peak hours for restaurants of this type are typically during the lunch and dinner meal periods. Although the nightclub is proposed to open at 9:00 PM, peak hours for a nightclub use are typically later in evening (after 10 PM). The proposed multi -use venue will have variable peak hours but peak hours will likely be between 9:00 AM and 4:00 PM, as the location of the establishment in a commercial area will cater to business clients. It can also be expected that the multi -use venue will also experience high use during weekend afternoons and early evenings for private parties and other special events. Because of the magnitude of the deficiency in parking, staff considered a reduced project. If the multi -use venue is not authorized, and the nightclub is, there will be no deficiency of parking in the AM, a deficiency of 14 parking spaces after 11:00 AM during lunch, no deficiency during the dinner hours after 6:00 PM due to other businesses on site closing. A deficiency of 103 parking spaces after 9:00 PM occurs when the nightclub and both restaurants are operating simultaneously. �A Mosun of Newport Beach May 8, 2003 Page 9 Staff believes the fourteen space deficiency during lunch hours is acceptable due to the potential for walk -in trade from surrounding business offices and some internal capture of parking demand with other uses on -site will take place as patrons of other business in the center dine at the proposed restaurants. The on -site deficiency of 103 parking spaces after, 9:00 PM, when the nightclub opens is partially mitigated due to the expected reduction in restaurant demand as people typically dine between the hours of 6:00 PM and 10:00 PM, and the fact that nightclubs generally do not experience 100% percent occupancy until after 10:00 PM. Another factor to consider is that the applicant has stated that the nightclub will typically operate Thursday through Sunday (or less), with occasional other nights seasonally nights thereby reducing the number of days during the week that parking could potentially be impacted. Therefore, staff believes that this finding can be made for approval of the parking waiver for the two restaurants with the business hours as proposed by the applicant and the use of the nightclub /multi use venue after 9:00 PM only, based on the staggered hours of operation of the existing uses on the site and the proposed uses. 3. "A parking management plan for the site has been approved by the Planning Commission..." A parking management plan has not been prepared for the site and surrounding properties. However, the project has been conditioned to require that a parking management plan be prepared, reviewed and approved by the City Traffic Engineer and Planning Department prior to the issuance of building permits. Staff believes that this parking management plan will assist in ensuring the available on -site parking is used in the most efficient and effective manner possible. Additionally, the parking management plan will assist regulating off -site parking pledged by the property owner and the potential for the use of valet parking to other off -site locations under the same ownership during evenings and on weekends should parking shortages occur. 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." Staff has no reason to believe that the parking demand will be less than required; however, some walk -in trade and some internal trip capture should occur. It is not likely that these factors will reduce parking demands to meet provided parking without taking into consideration the staggered hours of operation of the various uses. Additionally, findings in support of "b" cannot be made. Alcoholic Beverage Outlet Ordinance On June 8, 1998, the City Council adopted the Alcoholic Beverage Outlets (ABO) Ordinance (Chapter 20.89 of the Municipal Code). The purpose of the ABO Ordinance is to preserve a healthy environment for residents and businesses by establishing a set to Mosun of Newport Beach May 8, 2003 Page 10 of consistent standards for the safe operation of alcoholic beverage outlets, while preventing alcohol - related problems. The ABO requires the Planning Commission to consider the following factors: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In accordance with the foregoing, and in order to provide the Planning Commission with the necessary data and analysis to make the required findings, each of the factors is discussed as follows: 1. Public Convenience or Necessity. City Council Policy K -7 states that the public convenience or necessity will not be served with the approval of a new, upgraded or transferred license for a bar or nightclub within an area where the number of crimes exceeds the Citywide average by 75% or more. The project includes bar areas within two proposed restaurants and a nightclub. The number of reported crimes within Police Reporting District No. 34 (RD map attached as Exhibit No. 4) exceeds the citywide average by 35% and therefore Council Policy K -7 does not preclude the City from making the determination that the proposed nightclub would serve the public convenience or necessity. The sale of alcohol within a full- service restaurant and a nightclub environment is expected by the public. Therefore, approval will serve the public's convenience as opposed to the necessity. 2. Crime Rate. Citywide, there were 6,955 crimes reported during calendar year 2001, of which 2,852 were Part One Crimes (serious offenses). The remaining 4,103 were Part Two Crimes that include alcohol related arrests. The project site is located within Police Reporting District (RD) No. 34. The part one crime rate for RD 34, two adjacent RD's, City, California and National averages are shown in the following table for comparison. RD No. 34: 981250.00 City Average: 3770.24 RD No. 35: 2925.53 1 California: 3739.70 RD No. 36: 1761.40 1 National: 4124.00 It must be noted that the crime rate is based on crimes per 100,000 people and since RD 34 encompasses the airport area, which is 100% commercial and has a zero population, the crime rate figure is drastically skewed. Considering the significant 1519 Mosun of Newport Beach May 8, 2003 Page 11 daytime population of the area, the Police Department doesn't believe the area to have a high crime rate. During 2001, the number of Part One Crimes in RD No. 34 was 157 and the number of Part Two Crimes was 129. Adjacent Reporting Districts are Nos. 35 and 36. RD No. 35 had 88 Part One and 57 Part Two Crimes; and RD No. 36 had 77 Part One and 124 Part Two Crimes. During this period, this reporting district experienced 35.70% more crimes than the City average. It should be noted that RD 34 is primarily commercial and RD's 35 and 36 are primarily residential. 3. Over Concentration. The approval of the proposed project may result in an increase of one ABC license if the Type 47 license the applicant intends to purchase form the Coco's restaurant is not adequate to cover the nightclub portion of the project and ABC requires the operator to obtain a Type 48 license for Club M. There are a total of 26 active ABC licenses within RD No. 34. Due to the non - existent residential population in RD No. 34 any comparison to other areas based upon population would be misleading. Using a license per RD or license per acre comparison would also be misleading given that RD's vary in area and land use. However, considering the daytime population, 26 ABC licenses does not appear to be high. Finally, the Police Department has not indicated that they believe the area to be over concentrated. 4. Alcohol Related Crimes. The Police Department has provided statistics for driving under the influence and plain drunk arrests. There were 9 driving under the influence arrests and 6 plain drunk arrests within RD No. 34 in 2001. The percentage of alcohol related arrests within RD No. 34 are .85 %. By comparison, RD's 35 and 36 had 15 and 14 alcohol related arrests respectively. The sale of alcohol in the restaurants is ancillary to the restaurant use and although both have an actual bar, and a cocktail lounge in the case of Mosun Sushi, the establishments are not intended to operate primarily as a bar, and food service will be offered during all hours of operation. The sale of alcohol in conjunction with the nightclub supports its primary use as a bar /nightclub and the Police Department has expressed concerns regarding the probable increase in alcohol related crimes associated with that use. 5. Adjacent Uses. The site is located within a commercial area near the John Wayne Airport. Surrounding uses are dominated by retail commercial and general office. The only potential sensitive land use is the Radisson Hotel, which has approximately 339 rooms. There are no residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. Newport Beach Police Department Concerns The Newport Beach Police Department provided staff with a comprehensive report, which is attached to this staff report as Exhibit No. 3. In their report, the Police o:% Mosun of Newport Beach May 8, 2003 Page 12 Department cited several concerns with the proposed project that focused on the nightclub use. These concerns included noise, occupancy, the use of private "VIP" rooms or lounges and alcohol related crimes and disturbances. The applicant provided a draft security plan (Exhibit No. 6), which also has been reviewed by the Police Department. Although the Police Department believes that the proposed use may create an increased demand for law enforcement services, a list of recommend conditions was provided. These conditions, or slight variations thereof, have been included in the draft Planning Commission resolution. Additionally, staff has included a condition of approval (No. 27) requiring the applicant to obtain approval of a final comprehensive security plan from the Police Department and implement said plan for the life of the use permit. Restaurant Desian and Development Standards Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, as outlined below, to ensure that any proposed development will be compatible with adjoining properties and streets. The development standards include specific requirements for site requirements, building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, underground utilities, and supply and refuse storage. Section 20.82.040 D of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. Development Standards E REQUIREMENT !l ?!1! li,!!„ Site: Site shall be of sufficient size and configuration to Partially Complies. The site is an existing development satisfy all requirements for off-street parking, setbacks, that generally meets the restaurant development curb cuts, walls, landscaping and refine storage as standards except that during some hours of operation the provided by Section 20.82.040 of the Municipal Code. minimum number of parking spaces is not provided. Setbacks: The City may establish more restrictive setbacks if it is Complies. The proposed uses are to be located in an determined that it is necessary or desirable for the existing structure that meets the required setbacks. protection of the public health, safety or welfare or to Insure the compatibility of uses on contiguous properties, 08 -Street Off-street parking in accordance with the provisions of Modification Sought The site provides 193 parking Parking: Chapter 20.66 of the Municipal Cade spaces fw all uses, which is below the number of spaces required by the Zoning Code. The applicant has requested a waiver for a portion of the required off -street parking. Circulation: Parking areas and driveways to facilitate traffic and Complies. The project was reviewed by the Public circulation of vehicles on and around the facility and to Works Department who conditioned the project to not provide adequate sight clearances. change the current parking lot layout. Wails: A solid masonry wall 6 feet high shall be erected on all Complies. The approval of Use Permits 1588(A) and interior property lines of the subject property. Walls 3 1804(A) in 1988 included a determination the site to be in feet in height shall be erected between the on-site substantial compliance with this development standard. parking areas and the public ri ht -of-wa . Landscaping: 10% of entire site, 3 -foot wide landscape area shall be Complies. The approval of Use Permits 1588(A) and provided to screen the parking area from the public 1804(A) in 1188 induded a determination the site to be in right -of -way. A 3-foot wide landscape area adjacent to substantial compliance with this development standard the interior property lines shall be provided. E Mosun of Newport Beach May 8, 2003 Page 13 Environmental Review: This project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) 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: Staff believes the location of the site in the airport area and the lack of residential uses in the vicinity makes this a good location for the proposed project. Staff believes the findings for the Use Permit for the two restaurants and nightclub, all with alcoholic beverage service and the waiver of a portion of the required off - street parking can be made. However, due to the shortage of the parking during the day staff does not support the operation of the multi -use venue when the other businesses on site are open. Staff cannot support the use of the nightclub area for other assembly uses outside the proposed operating hours of 9:00 pm — 2:00 am without more evidence supporting the availability and practical usefulness of parking. Alternatives: Since the project involves four separate potential operations, the Commission has several options. 1. The Commission may accept staffs recommendation and approve the two restaurants and nightclub based on the findings and conditions of approval included in the draft Planning Commission Resolution (Exhibit 1). This option does not include approval of the multi -use venue during the day. 50% a3E4SUIRENENT, Lighting. Parking lot and site Illumination height and Intensity, to Complies. The existing lighting on the subject property minimize the reflection of lights to the streets and does not appear to pose a problem to adjacent neighboring properties. properties. New lighting associated with the proposed use is required to adhere to this requirement Utilities All utilities required to be under grounded. Complies. The project site Is served by underground utilities. Su Storage Supply storage to be contained within a building. Com ies. No outdoor storage of supplies is permitted. Refuse Storage Refuse storage outside of a building shall be hidden Complies. A condition of approval has been included to from view by a solid masonry wall 6 feet in height with require the existing trash storage area to comply with this self4ocking gates. requirement. Environmental Review: This project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property (excluding roads and waterways) 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: Staff believes the location of the site in the airport area and the lack of residential uses in the vicinity makes this a good location for the proposed project. Staff believes the findings for the Use Permit for the two restaurants and nightclub, all with alcoholic beverage service and the waiver of a portion of the required off - street parking can be made. However, due to the shortage of the parking during the day staff does not support the operation of the multi -use venue when the other businesses on site are open. Staff cannot support the use of the nightclub area for other assembly uses outside the proposed operating hours of 9:00 pm — 2:00 am without more evidence supporting the availability and practical usefulness of parking. Alternatives: Since the project involves four separate potential operations, the Commission has several options. 1. The Commission may accept staffs recommendation and approve the two restaurants and nightclub based on the findings and conditions of approval included in the draft Planning Commission Resolution (Exhibit 1). This option does not include approval of the multi -use venue during the day. 50% Mosun of Newport Beach May 8, 2003 Page 14 2. The Commission may conclude that the nightclub in conjunction with the proposed restaurants could create parking and circulation problems. In that case, a reduced intensity alternative should be considered. Options include: limiting hours of operation or denying the nightclub use or denying one of the two restaurants because the off - street parking requirements cannot be met. 3. The Commission may conclude that the entire project, including the multiple use venue, as proposed, meets the intent of the Code and approve the entire application. 4. The Commission may continue the item and require additional parking demand analysis to be prepared by a qualified traffic engineer and a parking management plan be prepared and reviewed prior to taking action on the application. 5. The Commission may determine that the site is not suitable for this type or intensity of use as proposed and deny the application. Prepared by: Gregg B. Ramirez, Associate Planner Exhibits: Submitted by: Patricia L. Temple, Planning Director Resolution No. 2003 -; findings and conditions of approval 2. Findings for denial 3. Police Department report 4. Police Department RD Map 5. Applicant correspondence 6. Draft Security Plan 7. Air Photo of subject and surrounding properties 8. Project Plans �0 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002 -040 FOR PROPERTY LOCATED AT 4647 MACARTHUR BOULEVARD. (PA2002 -193) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Mosun of Newport Beach, with respect to property located at 4547 MacArthur Boulevard, and legally described as Lot 13 Tract 5169, requesting approval of Use Permit No. 2002-040 to allow two Full - Service, Low Turnover Eating and Drinking Establishments, a Nightclub and Multi- Purpose Venue, the sale of alcoholic beverages for on -site consumption pursuant to the Alcoholic Beverage Outlet Ordinance (ABO) and approval of a modification to the required off - street parking requirements. The site is designated Administrative, Professional and Financial by the General Plan Land Use Element and Administrative, Professional and Financial (APF) by the Zoning Code. S t� 2 A public hearing was held on May 8, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: The location for the proposed Eating and Drinking Establishments and Nightclub requiring this requiring this Use Permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the Administrative, Professional and Financial (APF) Zoning 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 for the following reasons: a. The location of the restaurants and nightclub is in the airport commercial area. Surrounding land uses are dominated by retail commercial, professional office and visitor serving uses. Restaurant and nightclub uses can be expected to be found in this and similar locations and are complimentary to the surrounding commercial uses. b. The project site is not located in close proximity to residential districts, day care centers, schools, park and recreation facilities or places of religious assembly. c. The project has been conditioned in such a manner to require strict adherence to safety and noise regulations. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code. At AA City of Newport Beach Planning Commission Resolution No. Paae 2 of 9 2. The on -site alcoholic beverage service requiring this requiring this Use Permit, and the proposed conditions under which it would be operated or maintained, 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 for the following reasons: a. The convenience of the public can be served by the sale of desired beverages in conjunction with a full- service, sit -down restaurants and a nightclub, which are complementary to surrounding uses in the airport area. Alcoholic beverage service is typical and expected by the public In full -service restaurant and nightclub settings; b. The number of alcohol licenses within the reporting district and adjacent reporting districts is not significantly high given the nature of the land uses in the district and when compared with County-wide data. The percentage of aloohol- related arrests in the police- reporting district in which the project is proposed is lower than the percentage citywide. c. The project site is not located in close proximity to residential districts, day care centers, schools, park and recreation facilities or places of religious assembly. d. The safe of alcoholic beverages for on -site consumption to be operated in a building that is designated and zoned for commercial activity. The use has been conditioned in such a manner to minimize the impacts associated with the on -site sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. 3. The required findings for granting a waiver of a portion of the required off - street parking can be made for the following reasons; a. The hours of operation of the proposed restaurants, and nightclub uses are such as to allow shared use of the on -site and off -site parking lots. When shared usage occurs between a mixture of uses, parking demand is typically lower than is required. The site and the proposed use will operate in a manner to afford a sharing of parking with other uses (with different hours) located on the site; b. Some walk -in trade is expected during midday when parking demand for the two restaurants will compete with the other tenants in the shopping center. c. The proposed use will not compete with other tenants for available parking when both restaurants and the nightclub are open for business. d. A parking management plan is required to be prepared and approved by the City Traffic Engineer and Planning Department prior to the issuance of building permits. The applicant is required to implement the recommendations included in the plan and those required by the Traffic Engineer and Planning Department. 4 tA-+ City of Newport Beach Planning Commission Resolution No. Page 3 of 9 4. The required findings for granting a waiver of a portion of the required off -street parking for the use of the mufti- purpose venue outside the normal operating hours of 9:00 pm thru 2:00 am cannot be made for the following reasons: . a, Parking availability is anticipated to be insufficient when the restaurants and other businesses on -site are operating simultaneously, especially during the morning, afternoon and early evening hours. b. The use of this facility causes the site to be deficient of the required off - street parking at all hours, seven days a week. c. Patrons attending events at the mufti - purpose venue will typically be there only for that event and will not contribute to walk -in trade. 5. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). This categorical exemption allows for the repair, maintenance and minor alternation of an existing building. This exemption includes interior and exterior alterations. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2002 -040 subject to the Conditions of Approval set forth in Exhibit `A ". Section S. 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 or this action is called for review by the City Council in accordance with the provisions of TiNe 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS Wh DAY OF MAY 2003. AYES: EXCUSED: NOES: BY: Steven Kiser, Chairman BY: Shant Agajanian, Secretary City of Newport Beach Planning Commission Resolution No. , Page 4 of 9 EXHIBIT " A" CONDITIONS OF APPROVAL USE PERMIT NO. 2002-040 The development shall be in substantial conformance with the site plan and elevations dated September 20, 2002 and the floor plan dated April 18, 2003 (revised). 2. Use Permit Nos. 2002-040 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. 3. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 5. Any change in operational characteristics, hours of operation, expansion in area, or operation characteristics, or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 6. 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. 7. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 8. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 9. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher. 21 City of Newport Beach Planning Commission Resolution No. _ Page 5of9 10. The Use Permit for the two restaurant uses, as depicted on the approved set of plans is for an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 11. The Use Permit for the nightclub use, as depicted on the approved set of plans is for a nightclub or event assembly use. 12. Hours of operation for the restaurant outdoor patio area occupied by Panini, as depicted on the approved set of plans, shall be 7:00 am to 1:00 am daily. 13. Hours of operation for the restaurant and outdoor patio area occupied by Mosun, as depicted on the approved set of plans, shall be from 11:00 am to 1:00 am daily. 14. Hours of .operation for the nightclub area occupied by Club M /Mufti- Purpose Venue, as depicted on the approved set of plans, shall be from 9:00 pm to 2:00 am daily. 15. Live entertainment is permitted in the nightclub (Club M) portion of the facility only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. 16. Dancing is permitted in the nightclub (Club M) portion of the facility only. 17. Dancing is not permitted in the two restaurant areas, as depicted on the approved set of plans, unless authorized by a special events permit or an amendment to the Use Permit. 16. Background music shall be limited to indoor areas only 19. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. X, Between the hours of 7:OOAM and 10:00PM Between the hours of 10:OOPM and 7:00AM Lacation Interior Exterior Interior I Exterior Residential Propeq 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50daA Mixed Use Property 45dBA 6OdBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 10. The Use Permit for the two restaurant uses, as depicted on the approved set of plans is for an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 11. The Use Permit for the nightclub use, as depicted on the approved set of plans is for a nightclub or event assembly use. 12. Hours of operation for the restaurant outdoor patio area occupied by Panini, as depicted on the approved set of plans, shall be 7:00 am to 1:00 am daily. 13. Hours of operation for the restaurant and outdoor patio area occupied by Mosun, as depicted on the approved set of plans, shall be from 11:00 am to 1:00 am daily. 14. Hours of .operation for the nightclub area occupied by Club M /Mufti- Purpose Venue, as depicted on the approved set of plans, shall be from 9:00 pm to 2:00 am daily. 15. Live entertainment is permitted in the nightclub (Club M) portion of the facility only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. 16. Dancing is permitted in the nightclub (Club M) portion of the facility only. 17. Dancing is not permitted in the two restaurant areas, as depicted on the approved set of plans, unless authorized by a special events permit or an amendment to the Use Permit. 16. Background music shall be limited to indoor areas only 19. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. X, City of Newport Beach Planning Commission Resolution No. " Page 6 of 9 20. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, Including minimum drink orders or sale of drinks Is prohibited. 21. Full meal service shall be provided during all hours of operation for both restaurants. 22. Strict adherence to maximum occupancy limits is requited. 23. The use of private (enclosed) VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 24. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited in unless there is an emergency. 26. All doors and windows of the entire facility shall remain closed at all times except for the ingress and egress of patrons and employees. 26. All exits shall remain free of obstructions and available for ingress and egress at all times. 27. Prior to the final inspection of building permits and the issuance of the certificate of occupancy, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. 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. 28. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifykWicensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 29. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the restaurant uses shall be a Type 47 for full alcohol service for on -ske consumption only, and only in conjunction with the service of food as the principal use of the facility. The consumption of alcoholic beverages shall be limited to the interior of the restaurants and the outdoor dining areas only. The sale for off -site consumption of alcoholic beverages is prohibited. Any upgrade in the alcoholic Liko City of Newport Beach Planning Commission Resolution No. _ Paste 7 of 9 beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 30. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the nightclub use shall be a Type 48 (full alcohol service for on- site consumption only), and only In conjunction with the service of food as the principal use of the facility. The consumption of alcoholic beverages shall be limited to the interior of the restaurants and the outdoor dining areas only. The sale for off site consumption of alcoholic beverages is prohibited. Any upgrade 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. 31. 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. 32. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 33. Should this business or alcohol license be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either 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. 34. The quarterly gross sales of alcoholic beverages in the approved restaurants shall not exceed the gross sales of food 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 demand. 35. No "happy hour' type of reduced price alcoholic beverage promotion is permitted except when served in conjunction with food ordered from the full service menu. 36. 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. 37. The number of plumbing fixtures in the public restrooms shall comply with the Uniform Building Code (Appendix 29A). 38. A grease intercepter of adequate size may be required in association with food preparation activities pursuant to the Building Code. \41 City of Newport Beach Planning Commission Resolution No. _ Page 8 of 9 39. Prior to the issuance of building permits, approval from the Orange County Health Department is required 40. Prior to issuance of a Building Permit, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Department. The outdoor dining /patio areas shall be required to drain into adjacent landscaping and shall not drain Into the storm drain system. The perimeter of the outdoor dining areas shall be secured by a railing designed to meet ABC requirements; final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 41. Prior to the final of building permits, the location of maximum occupancy postings in section of the building/patios shall be Inspected and approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and public safety personnel. 42. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self - locking gates. 43. Alterations to the interior of the existing structure may require alteration to the existing fire sprinkler system. Plans and permit application must be submitted fro the alteration of the automatic sprinkler system prior to the issuance if building permits. 44. All commercial cooking equipment that produces grease -laden vapors must be provided with fire protection. Hood and exhaust ducts must also be protected. Separate plans and permits approved by the Newport Beach Fire Department are required for the kitchen fire suppression system. 45.. A manual fire alarm system is required. if the occupant load exceeds 1,000 persons, an approved pre - recorded message announcement using an approved voice communications system shall also be required. 46. Prior to the issuance of building permits, plans for the installation of the fire alarm system must be submitted to the Newport Beach Fire Department for review and approval. 47. Prior to issuance of a Building Permit, the proposed use shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City s Traffic Engineer and Building Department. These stalls shall be properly labeled and dimensioned on the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. 0 City of Newport Beach Planning Commission Resolution No. _ Paae 9 of 9 48. Prior to issuance of a Building Permit, the applicant shall prepare a final parking management plan subject to review and approval by the City Traffic Engineer. The parking management plan shall include a parking lot signage plan if reserved spaces are proposed for any tenants. The parking management plan shall also include a statement that no recreational vehicles, boats, or similar vehicles shall be stored any time at the subject site. The applicant shall comply with all of the City's property maintenance laws and ordinances. The parking management plan shall be implemented at all times. 49. All parking in conjunction with this use shall be confined to the parking lots over which the applicant has rights to park. If, in the opinion of the Planning Director, the proposed use creates parking congestion at the site the applicant shall immediately resolve the congestion problem by reducing attendance until the parking congestion is eliminated and parking is properly managed. The Planning Director has the discretion to require the preparation of a revised parking management plan and/or require valet parking on an off -site location. yq Attachment No. PC 3 Draft Resolution with Findings and Conditions SA I . City of Newport Beach Planning Commission Minutes M1Y 8, 2003 rrb o ends up with a 12P8 floor area Wand area ratio. The typical lot in the block a 1 Z75 floor area to land area l do not have a problem with the sae of the house. Toerge noted that typically public notice signs are on the site. Do you ey were located on the sites Ms. Temple an*#pred that the person posting the prop" posted the property directly across tWltieet. However, the Code does not require on -site posting. It does require that be near by. Staff determined that the posted notice was sufficient because you %wld see the posted sign from this property and you could also see the property from`ww location of the notice. Commissioner Toerge noted fttlanytime a variances to setbacks is requested. he likes to hear from the neighboring "rty owners. He drove to the site and did not see any signs on H and wonders It thb neiighbors were aware and know that there is an encroachment requested in the s6 yard setback that may potentially be to their detriment or benefit but they are not•gear to express their view. Ms. Temple answered that everyone within 309 feet of the property received a direct maiTad notice, we received the notice GEC from the neighbor immediately next door. A new pubic notice with a copy of the Staff report was delivered to that person's mail box. No correspondence was received arl this matter.. Motion was made by Chairperson laser to approve Van a No. 2002-008 and Modification Permit No. 2003-033 (PA2002 235) based qq the findEngs and conditions of approval with the following changes: conditl6h, 10, 'The structure shall maintain a right side setback of 4.5 feet at the Brat flaw, 4 f at the second and third Moors and 3 feet for roof eaves. The structure will remain a some sae, the setbacks will shift to comply with as much as possible the setbacks. Ayes: Toerge, Agajonian, Kiser, Gifford Selich, Tucker Noes: McDaniel sire SUBJm Mosun of Newport Beach (PA2002 -193) 4647 MacArthur Blvd. Request to permit two new restourants with alcoholic beverage service and a night club /multiple use venue with alcoholic beverage service and live entertainment. Also included in the application is a request to waive a portion of the required off - street parking. Gregg Ramirez Associate Planner gave a slide overview of the properties along with an aerial photograph of the general area. He noted the entrances, patio areas, queue area, rear of buildings, loading dock proposed to be an outdoor patio, and trash enclosure. Ram d PA2=493 Approved 0 City of Newport Beach Plannkig Commission Minutes • The aerial photograph was taken In May 20101 when the Coco's restaurant was opened and nbby's was closed • The applicant is not required to adhere to the Gi poncy as that relates only to City trees. However, If any frees are determined to belong to the City, the applicant would have to abide by the Gi policy. Public hearing was opened. Chairperson Kiser noted that an e-man had been received by the Commission from Capt. Tim Newman with an update of the crime statistics in ponce reporting district number34. Breff Korman, STTR Architects, representing the applicant, noted that the applicants accept the conditions of approval, however, asked about condition number 48. He noted that they hod proposed in the clublmultWse portion of the floor plan to be able to have corporate events during the day. They feel they have the opportunity to have seminars and lectures and other corporate uses during the day. We understand staffs concern with the parking during the peak times. The applicant would Wa to have the ability to come back and amend the operating hours for this nightclub /muff use area If we can show that parking is provided through both or, she and off4te agreements with the landlord. John Saunders, landlord and properly owner, noted that to the extent that the off- site parking is required by staff recommendation, he would put this in the form of an easement or whatever form Is required to make sure that it stays longer than his ownership of ttre properties. Chairperson Kiser asked If any parking study had been done of what these uses would require. Mr. Saunders answered: • That as his office is on the premises, he observes the parking lot quite a bit during the day. • He Is very careful with his lessees as this is his livelihood: • He had visited this business at their previous address and looked at the Parking requirement. • During the day when Coco's was opened, parking was adequate. • He has structured the lease for this new use occupancy at or less than what Corn's was using (restaurant space). • He feels confident there will be sufficient parking. • There have been numerous complaints about not having a restaurant there on site since Coco's closed. • Abby's was allowed to have minimum lunches in the ealy'90's. • He has been a leaseholder since 1990 and purchased the fee land from the Irvine Company in 1992. • He then enumerated his ownerships referring to the aerial map pertaining to the potential parking arrangements with nearby off-site lots, �10 City of Newport beach Planning Commission Minutes INDEX Convrasioner KW noted that there would probably be parking by patrons on those non-owned properfes as well unless there Is some parking management plan to prevent them from doing that. W. Saunders noted that there is a system of easements that tie all five properties together for access and egress. It there was a parking plan, we would work something out. There has not been a problem in the past ten years with overflow parking. Public comment was closed. Chairperson Kiser noted his concern with the project as proposed without enough paring and the request to waive some of the parting. He suggested that a paring study be done and a proposed off site parking agreement that ties the properties together and a paring management plan that ties in to the findings of the paring study for the Planning Corrunissfon to consider. Because of the nature of uses, t would not be comfortable passing this along with just a condition that a parking management would need to be adequate and approved by others. fvts. Temple suggested additional language for condition 14 that would add what would be necessary to do the off -*e panting agreements that are the only tool available to put the City in as a player on the long term maintenance of those agreements that must be approved by the Planting Commission. You could accomplish this and not need to amend the use pernit further by adding to condition 14, `These howsr may be expanded to b am. to 1 a.m. upon submNal and approval of a panning management plan and metaled of le parldng agreements by the A mning Corrrr 6slom' That way only the paring plan and agreements need to come back, not the use permit. Additionally, she noted that staff ornitted a condition that would authorise the use of valet parking, which is appropriate for a use of this nature, so suggested an added condition to read, 'A +wit pudding is allowed upon approval of the Public work Depar)mentI At Commission ingulry, tuts. Temple noted that the Planning Commission must approve off-site parting agreements. There is no way under the Code to do what the applicant is proposing. We can structure it in a way that only the poking agreements are subject to consideration. That would allow the applicant to go forward with the project perhaps even get some of it under operation it they chose and then do a parking study with the uses on site and have justifiable case in that regard Commissioner Sellch noted that staff has the expertise to deal with the poking management plan. Since the parking agreement has to came back to the Planning Commission for approval then we might as well as have the poling management plan going back. I am In support of the project with the change to condition number 14 and the addition of condition number 50. 010 5 14 City of Newport Beach Planning Commission Minutes Mav 8, 2003 At Commission inquiry, Na. Temple noted that the properties under the direct control of the property owner tend to be quite busy already during the normal week days. Nawever, an off -site palling agreement does not have to be just with properties owned by this property owner. if he can find other properties that in Coto can be looked at and find both sufficiency and function to serve the use at the proposed hours of operation through off -site parking agreements then that would be something that could be approved by the Planning Commisslon. Commissioner Fucker referring to the aerial photo noted that the parking is fairly well utifaed on all the properties. The applicant could theoretically not be able to show where he Is going to get the parting spaces for operations during the week, but he may just come back and say he wants the right to run different hom on Saturday and Sunday. Ms. Temple answered that is entirely passible. Even absent the corporate activities, Mere could be weddings, Bar Mitzvahs. private parties, etc. to enhance the bushiness on Saturdays and Sundays. My draft language would allow the applicant to only come back with the parking and not have to re- address the use permit. Discussion followed on conditions 49 and the proposed 5D. They are based on the opening of the nYA venue /nightclub area only after 9:D0 pm. There are still parking shortages on site various times during the day, which the applicant and property owner are saying that they could utif¢e on space available basis and that would be acceptable with a parking management plan. It gives the Planning Director time ability within that context to kook at revisions to the posting management plan in order to assure that the operation Is adequate. They could submit a parking management plan and if offer a while we And it is not working right, we can bring M back at staff level. If It is not working for whatever reason, then it could be brought bock for revisions. It was then agreed that in condition 48, wording would be, 'Prior to Issuance of a Building Permit, the applicant shall obkda an approved parking management plan subject to review ....... Commissioner Gifford noted that the Planning Director has the discretion to require the preparation of a revised parking management plan and /or require a valet parking on an off -site location. Condition 5D says the valet parking Is okay 0 there is a valet parking pion authorized or approved by the Traffic Department, who really approves i18 Ms. Temple answered that the Public Works Department approves the valet parking plans. The Code requires the Planning Commission to authorizes the use of valet parting and that is what condition 5D 4 Intended to do. Following a brief discussion, staff will rearrange the conditions to show authorization and then implementation of the parking requirements. Commissoner Gifford then asked about the language on condition 49 about, M 10 City of NewpOO Beach Planning Commission Minutes t,m. Temple rested that staff was considering the ones that he actually owns as tie dam not control the use of the parking without the agreements from other associated owners. Commissioner Tucker noted that the question is, how are those rights vested? He says he has the right to park, but this writ go on forever. How are those rights demonstrated? How does one have the rights to park that the City recognizes? He may have the rights, but if he hasn't committed by way of a written agreement, then how? Commissioner Gifford added, or if the rights are committed by tease to lessees on pieces of property he does own. Following discussion It was agreed that in condition 49, the language shall be, "A% parking on conjunction with this use shall be confined to the parking lots over which Nis applicant has written rights to pork. If, in the opinion of the Planning Director,....' Mallon was made by Commissioner Sellah to approve Use Permit No. 2DO2 -193 with modifications to the conditions of approval. Public comment was opened. Captain Tim Newman stated that the email he sent to the Commission reflects the most current Information added to the staff report. Mr. Brett Korman, representing the applicant, noted that to be brought back to the Commission Is the shared parking agreements as described. Not necessarily the parting plan. Is that correct? Ms. Temple answered that the Commission's action tonight would: • Approve the use permit and authorize the use. as requested on this site. • It would allow the operation of all the uses within the hours of operation recommended by staff in the staff report. • It would further authorize that an expansion of the hours of the mutts use venue /nightclub area to the applicant's requested hours upon submittal of a parking management plan and related off4ie parking agreements, all subject to the approval of the Planning Commission. • The information provided In the parking management plan would provide the facts as to the appropriateness of those agreements. • Just the portion of the parking management plan necessary to support the expansion of the hours needs to be brought back to the Planning Commission. Public comment was closed. Commissioner Tucker asked about condition 18 and following a brief discussion it I1 01 City of Newport Beach Planning Commission Minutes was decided that B would read, 'No background music shall be Mowed outdoor areas.' Condition 30 should say 'nfyfrfehib'. Public comment was opened. Captain Newman, at Commission inquiry, explained condition 23 reference to 'VIP' moms. This condition does not address concerns of a banquet room where a group would go for a gathering, rather the Police Department's concern Is the creation of inner perimeters inside a business. The police can not inspect what you might expect people to do within those rooms. For a public safety employee they would not be able to get Into the room without going through some layers of whatever 'vlp' controls are in place by the estabiishment. We have run into similar problems in other locations and we want to avoid our inability to access areas. If we can't see, we can't inspect and have no real ability to control whatever activity might be going on. Public comment was closed. Commissioner Selich as the maker of the motion, agreed to the previous suggested changes to the conditions. Ayes: Toerge, Agajonlan, McDaniel, IOser, Gifford Selich, Tucker ••s SUB! CP Discussion of Agenda - Addition of Consent Calendar GRO,direction to staff on whether addition of a Consent Calendar is desired, and, tf so, tale the categories of applications which should be considered for inclusion on the C t Calendar. Commissioner Tuc noted the following: • Supports the lion of a consent calendar to the agenda. • Supports a code ndment so that beer and wine A80 use per do not come to the Pla g Commission either as the Commission sees so many things that they do need to b® involved with. • He would like to discuss the hanks as to how the consent calendar would be determined, which he poses is a recommendation by the Planning Director to the chairman. t agree an Item should go on the consent calendar, then it will. • The Commission has a fair amount of items o the course of the year that really do not need any time and it would be ni o 'tee them up' at the front of the meeting and move along. Commissioner McDaniel agreed and noted that anybody can pull em off the consent calendar, At Commission inquiry, Ms. Temple noted that the City Manager determines 12 Rem No. 5 51 Attachment No. PC 4 Temporary Use approved September 4, 2009 September 4, 2009 NOTICE OF PLANNING DIRECTOR ACTION PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644 -3200 FAX (949) 644-3229 Mopan Investments 4647 MacArthur Boulevard Newport Beach, California 92660 Application: Temporary Use - Extension of Hours SA2009 -004 (PA2009 -115) Site Address: 4647 MacArthur Boulevard Panini Garden Bistro On September 4. 2009 the Planning Director approved the above - referenced temporary use based on the following conditions: The temporary use is for Panini Garden Bistro to extend their food service hours to 4:00 a.m. for a period not to exceed 90 days. 2. The temporary use is for food service only and alcoholic beverage service shall end at 1:00 a.m. 3. Patron access to Panini Garden Bistro between the hours of 1:00 a.m. and 4:00 a.m. is to be limited exclusively to the entrance identified with Panini signage. Food service between the hours of 1:00 a.m. and 4:00 a.m. shall be restricted to seating and tables in the northerly corner of the building and the adjacent outdoor patio areas. Refer to attached plans for delineated areas. On behalf of David Lepo, Planning Director By: . ) W-'Jj � Melinda Whelan, Assistant Planner c: Property Owner: JRSM Corporation 1600 Dove St., Ste 107 Newport Beach, CA 92660 Contact: Toufie Salwan 4647 MacArthur Boulevard Newport Beach CA 92660 (P� PLANNING DEPARTMENT CITY HALL 3300 NEWPORT BOULEVARD P. O. BOX 1768 NEWPORT BEACH, CALIFORNIA 92658 -8915 Memorandum To: Planning Commission From: David Lepo, Planning Director Date: September 4, 2009 Re: Panini Garden Bistro 4647 MacArthur Boulevard Temporary Use - Extension of Hours SA2009 -004 (PA2009 -115) In accordance with Section 20.60.015 (Temporary Structures and Uses) of the Newport Beach Municipal Code, I am informing the Planning Commission of my intent to authorize extending food service hours to 4:00 a.m. for a period not to exceed 90 days for Panini Garden Bistro at 4647 MacArthur Boulevard. The temporary use is for food service only; alcoholic beverage service will end at 1:00 a.m. (See attached plan with delineated areas). Background Use Permit No. UP2002 -040 was approved by the Planning Commission in 2003 for the operation of two full service restaurants and a nightclub /multiple use assembly venue with dancing and live entertainment. On August 18, 2005, the Planning Commission amended Condition No. 12 to temporarily expand the hours of operation for Panini from 7:00 a.m. to 4:00 a.m. daily until August 2006 when the hours of operation were to revert back to 7:00 a.m. to 1:00 a.m. daily, unless the extended hours proved not to be detrimental, in which case the Planning Director was authorized to permanently change the hours of operation. The Planning Director extended the trial period for an additional one year but the applicant could not hire enough staff for the extended hours of operation and the trial period expired on October 5, 2007. Rationale for Approval The Planning Director agreed to the proposed temporary use provided that the applicant submit an application for an amendment to the Use Permit. The applicant has requested Planning Commission approval of Use Permit No. UP2002 -040 A (PA2009 -115), to permanently restore the expanded hours of operation for Panini Garden Bistro from 7:00 a.m. to 4:00 a.m. in addition to a request for the addition of as -built restrooms to 1 c�a Panini Garden Bistro September 4, 2009 the club area (Red Night Club), and live entertainment for traditional and ethnic music, including a belly dancer for Panini Garden Bistro. Staff anticipates a hearing date to review the proposed amendment will be scheduled within the next 90 days. 2 M @ ® _�i a4Pd%II.ENf InRS COI b1rYFU M•M 0Z t4x1Y(®•EYOILL[16@xmpxCtlri B¢91� �tl�•� vMP ®I[IlAM4i9[[RYpxl�x vuq•o[w 10[1iY 9[IAxf xOl9[fYll•®M1S WLR 9. 91 x xl® � ®mow • ®�f xO6I•tldi9llYeif•u�l. e�xyp�iw m �'� ..�......,.,....... 1 -- .r PA2009 -115 for UP2002-040 4547 MACARTHIAt am. Mogan Investmen .Qwn�n; ¢n +r-r n<ed OOdPm T4HUMB EVIL' 1xf tl m ! 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XXCdC.rlrir _ m.......... �.«. �.........m.�uu TANAKA ANAKA RoNDADnr. ms DEILEHY RILTE nn' ARCHITECTS 1 � o [LL ¢(LOi [LAL¢S w �• 'AM «(a w (1� T DME IM , Lj (', TI _DY IT T xe Em RmN r me YrY MMM 1 I I r PA2009 -116 for UP2002 -040 4647 MACARTHUR BLVD. Mopan lmeshleen �Aaoo9- oo�{ fAn EYN }M rN LC 4 OVERALL FLOOR PLANY 3[.11. . /0' -r 0 M, OXIF r TABIA as I irr ����iii���p►rr'-- -...+- 1C�/ III +r7+� ISili_�%1_a� / / / • a nM �r . Yum.ui . SCHa m u ® TANAKA ANAKA RoNDADnr. ms DEILEHY RILTE nn' ARCHITECTS 1 � o [LL ¢(LOi [LAL¢S PA2009 -116 for UP2002 -040 4647 MACARTHUR BLVD. Mopan lmeshleen �Aaoo9- oo�{ fAn EYN }M rN LC 4 OVERALL FLOOR PLANY 3[.11. . /0' -r 0 M, OXIF r TABIA as a nM uxx.0 Yum.ui . SCHa m u ® TANAKA ANAKA RoNDADnr. ms DEILEHY RILTE nn' ARCHITECTS 1 � o [LL ¢(LOi [LAL¢S m` ® ISSUE DME MSM TAMAM R.¢_, m. r me YrY PROJECT �q nLl m. a � HYi RR- TV¢UIp1 nr u W� C � �?Q Jq iq SZau �m eos ¢a[em °� m.. .. Z�6a4 R ® Ap ➢IxD TPE '°� °.o ¢angxc uYEXn Y PI YYBIXC COYN5s vgmECi x0. .m EA tOXttd lYY]S .WELT no. A -1 or D.i( ygIx1FD Attachment No. PC 5 Plans dated October 1, 2009 and Business Plan (01 RECEWD BY PLANIMO DEPARTMEW CMUM 6 N110YAL mm 1111u elm flPARfm IDES I��mm a�r� ®-0 .RIaYOaP.aW1lNHIWIi . ili pa S9�S.. ..Yi ®W4E 14TSCI&MOWRTBEAC Laamraravaolr muses - .rUa•Il.p a..r.mlERr.1. r.14 ®91L.nda.lo•I,aWC.�ii CNY {lVa1Em /R3a1M1 .W,<i Qa.y S.R1rrr:l ®iWa{ ,ram � -��, 'rlOC,n¢a E,®.nrCp.li Wtnpa a ® ®.mia.Wl.aTLLV..Vi l.Fafppa p.m Wl[l9.Prl.W.d .erapW r.aiarerEr.urn. �[ ii ®� su aMw ea.welw.ivrm6ry ° i n°ivmcyaaoW`Y " "•p• �wowoe swl mua v.ctla Oa�av arrr a.Ia NaO ®Irar1[v..mryrarrlvle 11r.�aU to fS.apIR.60l.,r1011aYiN1R ICN I.®IIPIR W.lW11a RYaWIrV =. L4asEmra,rvaal. M a[ye l�Tr�� eWxW asa0pa8Wla.wlmnm.r .veyva.avxrar a.Uay.,rq r'Ia UaO D,, a PA2009- IlSfOr UP209 4667 MACARTWR BIND. Mogan lm tr.Wts rmaq.aa OYERALL FLOOR PLAN .ono ,n•., . DMFW TIBIAM e xp e ♦ . a •rr.rv[vers .p a�81 DfY[yy a wesme. coos fm1M TNUATOIS rU !� aE� r r tI1� MN y, • OP.1 p. v I PLUUWIIN'6 tD�UNTS SCHEER TANAKA DENNEHY RILEY ARCHITECTS yriLi m �s�:Fctis ISSUC DATE n. M. saint A• rmrzcr Z� PeiW W 409 2� swmimc nPc PR01[CT NO TRIE r Itm rmreT lrrm 1 vsLIW waW sNCn xD, A -1 u �, D.R PaN20 >♦ I D a MOPAN INVESTMENTS - TEN ASIAN BISTRO -RED BISTRO LIUB- ^ 4 J Igl I Ry PANINI GARDEN BIBLVO lol VMO BEACH. 8926. NCYIPpRT BGLH, G 9Jfibp El D 4 $ �9 r•r�r� mtnlae ma eo Z —tl VM 13316 nnl] .Daum axarau 3,L1 P nIWO d sumin a3wamo 3U1 'MN,IIIB i0 Z U> °o�zp �Z �z e aaz my� u]roaa % q 3lro 3MSr .s arr �z C:l:] SL0311H08Y A31IN AH3NN30 VAYNY1 833NOS r,.WWI. uM1..Nm 3� eel.xm Q NammOmm.lmm.ulm 4v 0� ®3YFOwl.� m1Q vrv� m.0 ma., m.mwwow mcwm.rui ®%I m p ,m O w®In� p m. p. a.mol w>m]m.mml p S31ON A3N a... $� NVId 1008 0308tl1N3 I � 4 Wl'.... l Ntld WD081538 0308V1N ,m - .r �SNOIIVA 3 80183AI o•. o. C October 6, 2009 Business Name: Ten restaurant Group Caffee Panini/Ten Asian Bistro/ Red Night Club Re: Business plan for after hours Panini and Ten Asian Bistro From: Toufie Sarwan General operations manager This business plan is designed to clarify how the process will shift from regular hours of operations to after hours operation, the entry and exit and of the location, menu, security and number of people expected to dine. Ten Asian Bistro: Ten Asian Bistro offers a truly dynamic dining experience. Upon arriving you will experience a beautiful grand waterfall with fibulas lighting and once inside a 16 -foot Buddha greets you, overlooking the beautiful main dining area with tall columns and a lighting show of changing colors of the dining room walls. Hours of operations: Ten is currently open from 5:00 pm to 10:00pm Monday, Tuesday and Wednesday and 5:OOpm to 11:O0pm Thursday, Friday and Saturday closed on Sunday. We are looking tc expand our hours of operations from 11:00pm to 4:OOam. Currently we can remain open till 1:OOam Reason for late hours: Due to the severe decrease in business we've experienced in the past couple of years, we are looking for creative ways to increase our sales and our bottom line. Ten currently employees some of the best Sushi chefs in orange county and has grown to be known for the freshest and most exotic selection of fish and sushi rolls, accompanied by an Ultra Lounge of eclectic fusion of Asian and American setting with a sophisticated element of dining experience. In doing our research in the immediate area, we found a need for after hours sushi bar that serves high quality food to patrons from local hotels surrounding our restaurant as well as our own night club and the surrounding night clubs in the area. Menu: Ten offers a vast range of menu items, beginning with our award winning Pacific rim masterpieces of Chinese, Mandarin and Thai dishes, as well as our famous and award winning Sushi and Sake Bar that continues to pull clients from Orange as well as surrounding counties and travelers from around the globe. hM After hours of operations elan: After our normal operations, Ten will stop serving hot food from the kitchen menu and focus only on sushi. Our front doors at Ten will remain open and our sliding door between red and Ten will open for the club patrons to enter should they choose to dine in. During this time, 2 security personals will be securing the area, one at the front door of ten and another walks the parking lot maintaining full security of the parking lot. Alcohol service will stop at 2:00 am Exit will be available through the front entry door of Ten and or Panini which shares the same bathroom location and will be open the same late hours of operations. Panini Garden Bistro: Panini Garden Bistro has been serving the local crowds and visitors to the area for years now. Panini offers a Mediterranean setting and 2 patios with beautiful rock formation waterfalls and a unique menu. Hours of Operations: Panini's hours of operations are 7:00 am to 1:00 am Monday — Saturday closed on Sunday. Panini has been granted a temporary use permit to operate until 4:00 am and looks forward to permanent late hours. Reason for late hours: Currently many club patrons seeking dining facilities in the area including surrounding cities do not have many options after hours. Offering an on location dining option will minimize the challenges of having club patrons driving to other locations immediately after the club closure. Club patrons drive through the city to the nearest open restaurant such as IHOP located nearby on 18542 Macarthur Blvd, Irvine, which is open 24 hours. Better service to our customers by offering the option to dine in the same facility. Offering the dining option to the club patrons will minimize the traffic congestions resulting from the club closure. The location of the restaurants and night club is in the airport commercial area. Surrounding land uses are dominated by retail commercial, professional office and visitor serving uses. Restaurant and night club uses can be expected to be found in this and similar locations and are complimentary to the surrounding commercial uses. All- Currently we are advertising in the airport arrival area offering a full service restaurants and entertainment facility in one location. Menu: Parini offers an eclectic Mediterranean menu. From Panini pasta and pizza to Greek and Lebanese food such as Hummus, Tabouli Salad and flame broiled Kabobs. Late hours menu will include a variety of appetizers, Kabob's and soft drinks, Please see attached menu. After hours operations Ulan: Panini has been currently adopting the following operations plan. Panini keeps its door open to walk in and club goers a like, club patrons from its own red night club are encouraged to walk to the front of Panini entrance and take a food break before leaving the parking lot, also patrons from other club locations have visiting the restaurant after hours. We have 2 security staff, one at the front door of Panini and another constantly walking the parking lot area to break up loitering or any kind of trouble that may arise. Alcohol at Panini seizes at 1:00 am no exception! In closing, TEN restaurant group including Panini and Red night club has been very responsible to the city and its community. The owner's number one priority at the establishment is the safety of its patrons; therefore we will follow any and all requirements asked of us by the city. Should you have any further questions or explanation please feel free to contact me @ (714) 423 -8333 or I can be reached by email @ tsarwan e,email.com Sincerely; Toufie Sarwan 13 Attachment No. PC 6 Police Report V\s City of Newport Beach Police Department Memorandum October 15, 2009 TO: Melinda Whelan, Associate Planner FROM: Detective Bryan Moore SUBJECT: Panini and Ten, 4647 MacArthur Blvd., Amendment to UP2002 -040 (PA2009 -115). At your request, the Police Department has reviewed the project application for Panini and Ten, located at 4647 MacArthur Blvd., Newport Beach. Per the Project Description submitted by Mopan Investments, the applicant requests to extend the hours of food service for two full service restaurants (Panini Garden Bistro and Ten Asian Bistro) until 4:00 a.m. Additionally, the amendment includes the request for the addition of as -built male and female restroom facilities within the nightclub area (RED). 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 within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K -7" policy. Additionally, this location is within an RD that is over the Orange County per capita of ABC licenses. Applicant History The Use Permit for 4647 MacArthur was approved by the Planning Commission in 2003 for the operation of two full service restaurants and a nightclub /multiple use assembly venue with dancing and live entertainment. On August 18, 2005, the Planning Commission amended Condition No. 12 to temporarily expand the hours of operation for Panini from 7:00 a.m. to 4:00 a.m. until August 2006. Unless the expansion proved to be detrimental to the community, the Planning Director was authorized to permanently change the hours of operation. V)4 Panini and Ten Amendment to UP2002 -040 In August of 2006, the Planning Director extended the trial period for an additional one year since the restaurant only operated with the expanded hours for a few months due to personnel scheduling problems. It should be noted that the Police Department also expressed concern that using 3 months of a 12 month trial period was not a valid example of the operation. On July 24, 2007, the Police Department submitted a memorandum to the Planning Department objecting to permanently changing the hours of operation, or for another one year extension, since the restaurant had elected not to remain open until 4:00 a.m. The applicant explained that the restaurant had not operated under the extended hours due to a change in management and that the new management was not aware of the condition. On July 27, 2007 the Planning Department forwarded the resolution and conditions of approval for the expanded hours to the new management and gave management until August 18, 2007 for a request for an extension; however, they were unable to establish the proper staffing to meet the timeline and the trial period expired on October 5, 2007. In June of 2009, the Planning Department was made aware that the restaurant had expanded the nightclub (RED) by adding unauthorized restrooms to the VIP area. It was determined that this addition was a major change in operational characteristics and required an amendment to the existing use permit.. On September 4, 2009, the Planning Director (per the applicant's request) issued another temporary expansion of the food service hours to 4:00 a.m. (for a period not to exceed 90 days) provided that the applicant submit an application for an amendment to their Use Permit to permanently restore the expanded hours. In addition, the applicant was to submit a request for the addition of the as -built restrooms to the nightclub area. Police Activities and Calls for Service Data The below information represents the time period between January 1, 2009 through October 18, 2009: TYPE CALLS /INCIDENTS NOTES Fights/Disturbance Calls 19 Subjects fighting or preparing to fight Thefts 7 Reports taken for larceny, forgery, burglary, etc. Miscellaneous Calls 16 Suspicious cires, keep the peace, vandalism, etc. Alcohol Related Arrests 14 6 DUI and 8 public intoxication Narcotics Arrests 4 Marijuana and other illicit drugs in parking lot Possession of False ID 1 Arrest of a 20 yr old intoxicated male Use Permit Violations 2 Violations for happy hour and hookah loun e 2 1r\1 Panini and Ten Amendment to UP2002 -040 Recommendations It should be noted that the Police Department expressed some concerns about Panini's extended hours due to its proximity to the nightclub (RED). The Police Department is already required to spend a considerable amount of time policing this location after the nightclub closes (2 a.m.) and the concern was that the same problems could potentially carry over to Panini for an additional two hours. With this in mind, the Planning Department placed conditions on the Temporary Use limiting the hours of the alcoholic beverage sales/service to 1 a.m. Additionally, patron access to Panini was limited exclusively to the front entrance between the hours of 1 a.m. 4 a.m. This was due to the fact that all three locations (RED, Ten and Panini) are interconnect and accessible to one another from the interior. The Police Department has had the opportunity to monitor Panini between 2 a.m. and 4 a.m., during the brief trial period. At this time, there does not appear to be any major issues with level of compliance as it relates to the extended hours. Therefore, with the proper conditions in place, the Police Department does not object to permanently extending the hours of operation for Panini until 4 a.m. The Police Department does, however, object to extending the hours of operation for Ten until 4 a.m. This would further increase the potential for police related problems after the nightclub closes by accommodating twice as many patrons. Additionally, because all three locations are interconnected there is a concern that the distinction between the nightclub and restaurants would be compromised between the hours of 2 a.m. and 4 a.m. This would also create a significant challenge for law enforcement in terms monitoring ABC compliance and enforcement. For the above listed reasons, we are projecting that the applicant's proposal (for the extended hours of Ten) will result in an increase in police related activities and calls for police services. The resources required to address these events 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. Should this application be approved, the Police Department recommends the following conditions: Slans 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. 3 Panini and Ten Amendment to UP2002 -040 Hours of Operation The proposed hours for Panini are 7:00 a.m. to 4:00 a.m. The recommended hours of operation for Ten are 11:00 a.m. to 1:00 a.m. daily. The recommended hours of operation for RED are 9:00 p.m. to 2:00 a.m. daily. Security In conjunction with the expansion of the closing hour for Panini from 1:00 am to 4:00 am, additional security shall be provided within the restaurant and within the parking lot to prevent any potential security problems. The additional security shall operate in accordance with the comprehensive security plan approved by the Newport Beach Police Department for the site. 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. Other Recommended Conditions In addition, the Police Department has would be appropriate for the Conditional determined that the following conditions Use Permit for the business: Approval does not permit Ten and Panini 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. Alcoholic beverage sales /service at Ten and Panini shall end at 1:00 a.m. 3. Patron access to Ten and Panini between the hours of 1:00 a.m. and 4:00 a.m. shall be limited exclusively to the front entrance which is identified with Ten / Panini signage. Food served (at Panini) between the hours of 1:00 a.m. and 4:00 a.m. shall be restricted to seating and tables in the northerly corner of the building and the adjacent outdoor patio areas. 4. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 13 lok Panini and Ten Amendment to UP2002 -040 5. 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. 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. 8. 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 without first obtaining a permit from the City. 10.There shall be no dancing allowed on the premises without first obtaining a permit from the City. 11. Strict adherence to maximum occupancy limits is required. 12.The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 13.The rear door of the restaurant at the alley shall remain closed at all time the restaurant is operating. The use of the door shall be limited to deliveries and employee use only. Ingress by customers shall be prohibited. If you have any questions, please contact Detective Bryan Moore at (949) 644- 3725. Jim Kaminsky, Captain Detective Division Commander L_ .. 5 g0