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HomeMy WebLinkAbout2.1_Matl's rec'd at Planning Commission mtngMaterial(s) received after the Planning Commission packets were distributed, or received at the meeting. These material(s) were distributed to staff, Commissioners and made available to the public. From: Wetherholt, Drew [mailto: Drew. Wetherholt @marcusmiliichap.com] Sent: Thursday, June 18, 2009 1:00 PM To: eaton727 @earthlink.net; rhawkins @earthiink.net; bhillgren @highrhodes.com; scott.peotter @taxfighter.com; strataland @earthlink.net; cwunsworth @cox.net; Bunim, Russell; Lepo, David Cc: Henn, Michael; City Council Subject: Chronic TacosExpansion with Alcohol 4525 B W Coast Hwy PA2009 -050 Daily Bulletin Articles Commissioners & Staff: I would also like to submit for the record the attached two (2) articles from the Inland Valley Daily Bulletin regard this applicant's operation in the City of Upland. This applicant has a very disturbing operating record within the City of Upland. The articles discuss among other things: "Police reportedly were called to Chronic Cantina for two attempted murders, two carjackings, three felonious assaults, 14, other types of assaults, one discharging a firearm, four auto thefts, four vehicle burglaries, five thefts, three driving under the influence, five public intoxications and 33 disturbances." Finally, their permit was revoked in April 2009. Besides the parking issues, the over - concentration of bars /ABC licenses in the immediate area, we have a problematic operator. I find these articles very disturbing and again would request that you deny this applicant. Thank you, Drew Wetherholt Newport Beach Document Delivery INLAND VALLEY Click here to co back to search results. April 14, 2009 Section: News http: / /rd.newsbank com/nl- searcWwe/ Archives ?p _ acdori= doc &p_docid =... Inland Valley Daily Bulletin (Ontario, CA) Permit revoked for Chronic Cantina Sandra Emerson, Staff Writer UPLAND - The city has decided the Chronic Cantina sports bar and restaurant should shut down. But the restaurant's owners have other plans. The City Council approved a resolution on Monday night to revoke Chronic Cantina's conditional -use permit due to public safety concerns. As a result, Chronic Cantina will not be able to operate as a bar or a restaurant in the city. "My clients are evaluating all of their options," the restaurant's attorney, Robin Haulman, said Tuesday, "but they anticipate pursuing all legal and administrative remedies to overturn the actions by the Upland City Council." Upland police reportedly have responded to more than 70 calls at Chronic Cantina, 220 N. Central Ave., since it opened in January 2008. More than 25 people have been arrested, according to a Planning Commission report. "It's unfortunate. I know they did a really nice job on the inside, and I know they've got an investment over there and I applaud them for that, but at some point you have to look at what it costs the city to supplement their security that obviously lacks," Mayor John Pomierski said Tuesday. "The fact that the Planning Commission took a seven -to -zero vote and took a stance, that is enough to speak volumes." The commission approved the resolution on March 25. Haulman requested the council give a 90-day continuance to allow the owners to work with the city to solve any security issues. 'The city did not give the owners adequate review of what problems needed to be aped nor adequate time to cure the problems," Haulman told the council. Haulman said the Chronic Cantina was being treated differently by the city compared to similar businesses because police cars were being sent to patrol the restaurant's parking lot when no calls requesting the action were made. Police reportedly were called to Chronic Cantina for two attempted murders, two carjackings, three felonious assaults, 14 other types of assaults, one discharging a firearm, four auto thefts, four vehicle burglaries, five thefts, three driving under the influence, five public intoxications and 33 disturbances. A meeting in December was held between Chronic Cantina owners and city officials to discuss concerns, including crime, litter, posting of unpenmitted advertising posters, weeds, missing landscape, lack of parking -lot striping, a freight container in the parking lot as well as an unpermitted temporary sign, according to the commission report. Since the meeting, the parking lot has been striped and extra security was hired. Litter, trash and the freight container were removed. However, a police presence has been required, and extensive dead or missing landscaping, weeds as well as the temporary sign have not been addressed, according to officials. (c) 2009 Inland Valley Daily Bulletin. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc. I of 1 6/18/2009 12:27 PM Document Delivery INLAND VALLEY EWly .Buffln Click here to go back to search results April 1, 2009 Section: News http : / /rd.newsbank,conilnl- seareWwe/ Archives ?p_action= doc &p_docid =,,. Inland Valley Daily Bulletin (Ontario, CA) Chronic Cantina has lots to prove Sandra Emerson, Staff Writer UPLAND - The Chronic Cantina sports bar may have a lot to prove to city officials in order to stay in business. The Planning Commission last week approved a resolution to revoke the business' conditional use permit. The action may force the bar to dose its doors. 'The Planning Commission has overstepped their regulatory authority and determined that they don't like the business, and they are using their authority to try and shut the business down," said Keith Scheinberg, CEO of Chronic Cantina. There have been more than 70 police service calls since the Chronic Cantina opened in January 2008, with more than 25 people being arrested, according to the commission report. The activities include two attempted murders, two carjackings, three felonious assaults, 14 other types of assaults, one discharging a firearm, four auto thefts, four vehicle burglaries, five thefts, three driving under the influence, five public intoxications and 33 disturbances. A meeting was held in December between the owners of Chronic Cantina and city officials to discuss the crime issues, litter, posting of unpermitted advertising posters, weeds, as well as missing landscape, lack of parking lot striping and an unpermtted temporary sign, according to the commission report. During the meeting, the owners were told a resolution to revoke their permit would go to the Planning Cormission should the problems persist, said Jeff Bloom, community development director. "We were not expecting they would never call the police," Bloom said. "Our problem is that there are all these more violent crimes going on which is at least a reflection of who is attracted to the business because we don't have the same level of problems with other clubs in the city." The conditional use permit was approved by the city in November 1997 when Sneakers was the operating business. Since then, the building and property were sold three more times, but the permit stayed intact. Richard Mayo, owner of Pacific Auto Sales & Leasing adjacent to Chronic Cantina, said he did not have problems with being neighbors to a bar until the Chronic Cantina opened. "I've seen condoms out in front of my place here, girls panties, a girl's dress one time, empty bottles of Viagra, empty beer bottles, beer cans," Mayo said. "It's like they're partying out here, and it's pretty disgusting to say the least." The resolution is expected to be heard by Mayor John Pomierski and the City Council at an upcoming council meeting. 'The City Council I'm hoping will be a little bit more lenient," Scheinberg said. "Cities don't want to dose businesses, I imagine they want to make sure they run respectful to the city and compliment the city. If the city of Upland didn't have a strip dub in it, I can see their argument, but there is a legal strip club and four other bars and restaurants." Scheinberg said he and the other owners plan to appeal the Planning Commission's decision. "Hopefully we will try to work with the city to see what else we can do," Scheinberg said. "We have shown them in the last three months that we've realty taken steps to fix the problem." 1 of 2 6/18/2009 12:26 PM Document Delivery http://nl.newsbartk.com/nl-searclVwOArcWves?p_.Actiorv=doc&p docid=... (c) 2009 Inland Valley Daily Bulletin. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc. 2 oft 6/18/2009 12:26 PM Varin, Ginger From: Bunim, Russell Sent: Thursday, June 18, 2009 8:00 AM To: Varin, Ginger Subject: FW: Chronic Tacos Expansion with Alcohol 4525 B W Coast Hwy PA2009 -050 Importance: High From: Denys Oberman [ mailto: d .oberman @obermanassociates.com] Sent: Wednesday, June 17, 2009 6:47 PM To: mathenaesq @aol.com; eaton727 @earthlink.net; rhawkins @earthlink.net; bhillgren @highrhodes.com; scott.peotter @taxfighter.com; strataland @earthlink.net; cwunsworth @cox.net; Bunim, Russell Cc: City Council; Drew.Wetherholt @marcusmillichap.com; Henn, Michael Subject: RE: Chronic Tacos Expansion with Alcohol 4525 B W Coast Hwy PA2009 -050 Importance: High Dear Planning Commissioners and Staff: I agree with, and affirm, all of the comments made by Mr. Wetherholt and Mr. Mathena in connection with this application: 1) Insufficient parking availability to accommodate 2) Already- existing Overconcentration of bars in the area -- -with related impacts from aggregate of disorderly conduct, vandalism, harassment of residents and patrons to surrounding establishments ,irresponsible /dangerous driving . Note: the Planning Commission in a previous alcohol sale application, already noted its assessment of Overconcentration of establishments commercially selling alcohol in this area. Please deny this application. Denys H. Oberman, CEO • ec ' OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: d .obermanna,obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only fo the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 949/476,0790 or the electronic address above, to arrange for the return of the document(s) to us. From: mathenaesq @aol.com [mailto:mathenaesq @ aol.com] Sent: Wednesday, June 17, 2009 5:20 PM To: eaton727 @earthlink.net; rhawkins @earthlink.net; bhillgren @highrhodes.com; scott.peotter @taxfighter.com; strataland @earthlink.net; cwunsworth @cox.net; rbunim @city.newport- beach.ca.us Cc: CityCouncil @city.newport- beach.ca.us; Drew .Wetherholt @marcusmillichap.com; mhenn527 @hotmail.com Subject: Re: Chronic Tarns Expansion with Alcohol 4525 B W Coast Hwy PA2009 -050 Dear Planning Commissioners and Staff: I am writing to reaffirm Mr. Wetherholt's analysis below. As someone who occasionally visits this site, as is, it is without a doubt underparked. To install a full bar /restaurant at this site would be a mistake for this reason alone. Mr. Wetherholt's analysis regarding the negative impacts of another bar /restaurant is also correct. Another bar /restaurant is the last thing that the Peninsula needs. Please reject this use. Larry Mathena From: Wetherholt, Drew Sent: Wednesday, June 17, 2009 3:03 PM To: 'eaton727(alearthlink.net'; 'rhawkins(cbearthl ink. net.; 'bhillgren@highrhodes.com'; 'scott.peotte_r@IaL(ficihter.com 'cwunsworth0cox.net'; ' rbunim (cacity.newport- beach.ca.us'; Lepo, David Cc: Henn, Michael; 'CityCouncil city.newport-beach.ca.us' Subject: Chronic Tacos Expansion with Alcohol 4525 B W Coast Hwy PA2009 -050 Commissioners & Staff: I am requesting for the record that you deny the use permits for Chronic Tacos for the following reasons: The site is under - parked especially during the summer months. Completing only a 4 -day "parking study" for any commercial property is not acceptable and certainly during the month of April does not illustrate a clear picture of what happens during the summer months. Also I suspect that patrons of this establishment will also park in the surrounding neighborhoods in order not to be seen by law enforcement getting into their cars after drinking here. This will only increase the number of drunk and disorderly patrons in the surrounding neighborhoods disturbing residents in the evening hours. Also the larger Chronic Taco Cantinas get very crowded thus impacting and limiting parking; please see the enclosed attachment. Should the lot be full the parking situation will overflow into the neighborhoods. I also find it interesting that the parking survey indicates 150 spaces at the site yet the City disputes this. Are the 12 additional spaces really even that accessible, useable, or identifiable? Why didn't this "parking consultant" note the usability of these spaces? According to the staff report there already have been significant parking waivers given at this property. Is it fair to the residents or existing businesses to continue giving parking space waivers in an area that is already severely under - parked especially during the summer months? 3. The crime rate and alcohol related incidents within this area are significantly above the citywide average by 54% according to the staff report. To say that RD16 has a lower number of ABC licenses than RD15 and that okay is grossly unacceptable! The alcohol "flows" freely between both of these districts which only represents approximately 7% of the area of the City of Newport Beach. Both reporting districts clearly have severe problems with alcohol - related problems, crime and drunk - driving. These two districts represent only a very small oart of the city vet contribute to 36% of the arrests for the entire cit)L.-(RD16 242 arrests + RD15 946 arrests divided by city total 3,345 arrests= 35.5 %) 4. This area is already severely over - concentrated with bars and alcohol serving establishments. These two reporting districts already have the highest concentration within the City of Newport Beach AND the WHOLE county per capita. It is also my understanding that under state law, the ABC cannot approve the issuance of a license in an area of "undue concentration" unless the City's legislative body makes a finding that public convenience or necessity would be served by the issuance of the license. Well, I believe there already is enough "public convenience" in that shopping center alone given the liquor store and other restaurants and Cnecessity" certainly is not necessary in the area. Government Code Section 23958.4 defines "undue concentration" as being an area where there is high crime (defined as an area exceeding the City -wide average crime rate by more than 20 %), and /or the ratio of the number of ABC licenses to population within the census tract exceeds the countywide ratio of the number of ABC licenses to population. Both circumstances of high crime and an excessive ratio of ABC licenses to population exist for the area in which the proposed use is located. These are both supported by the staff report and the ABC. The staff report does not discuss that according to the ABC there are a total of 288 Active On-Sale Retail Licenses (i.e. - restaurants, bars, etc) in the entire City of Newport Beach. In RD15 and 16 there are a total of 105 Active On -Site licenses for a total of 37% of the entire City's total licenses. These numbers do NOT include the Active Off -Site Retail Licenses (i.e. - grocery stores, liquor stores, etc.) RD15 and 16 consist of an area less than 7% of the total City and vet we have 37% of the Active On -Sale Licenses in the City. This clearly is over - concentration by any standard! 5. We also do not wish to see the establishment morph into a bar as The Newport Beach Brewing Company did. The NBBC went in as a restaurant and clearly now is a bar in the evening hours as the city failed to enforce the CUP that was in -place when the Brewery was established. Please review the enclosed attachment of public reviews for the Chronic Taco Cantina and the related ensuing problems. Comment s include: "Crowded; lots of lame guys; surfer /stoner beer subsidized taco joint; we had a male harass us; we don't recommend this bar due to the lack of respect they gave to women who felt genuinely threatened; too drunk to remember the downsides." Again, I would strongly encourage you to deny this applicant as there already are too many bars and "party' restaurants that are negatively impacting the enjoyment of the coastal properties and are disturbing and endangering the residents and visitors. The amount of unruly, intoxicated patrons, the number of police /fire calls for service, the related crime, puke, public urination and drunk - driving in this area is grossly unacceptable. Also I would have believe that the city's continued approvals of these bars /restaurants in an area that clearly is already over- concentrated with alcohol establishments creates a negligence and a liability for the city especially if there's a tragic accident. Please understand that I am speaking on behalf of several residents and we thank you for your time and consi deration. Drew Wetherholt 16 -year resident Dell Days of Deals! June 15 -24 - A New Deal Everyday! Bunim, Russell From: Wetherholt, Drew [ Drew. Wetherholt @marcusmillichap.com] Sent: Wednesday, June 17, 2009 3:03 PM To: eaton727 @earthlink.net; rhawkins @earthlink.net; bhillgren @highrhodes.com; scott.peotter @taxfighter.com; strataland @earthlink.net; cwunsworth @cox.net; Bunim, Russell; Lepo, David Cc: Henn, Michael; City Council Subject: Chronic Tacos Expansion with Alcohol 4525 B W Coast Hwy PA2009 -050 Attachments: Chronic Cantina Reviews.pdf Commissioners & Staff: Unfortunately, I will not be able to attend the above referenced hearing this Thursday. However, I am requesting for the record that you deny the use permits for Chronic Tacos for the following reasons: The site is under - parked especially during the summer months. Completing only a 4 -day "parking study" for any commercial property is not acceptable and certainly during the month of April does not illustrate a clear picture of what happens during the summer months. Also I suspect that patrons of this establishment will also park in the surrounding neighborhoods in order not to be seen by law enforcement getting into their cars after drinking here. This will only increase the number of drunk and disorderly patrons in the surrounding neighborhoods disturbing residents in the evening hours. Also the larger Chronic Taco Cantinas get very crowded thus impacting and limiting parking; please see the enclosed attachment. Should the lot be full the parking situation will overflow into the neighborhoods. 2. 1 also find it interesting that the parking survey indicates 150 spaces at the site yet the City disputes this. Are the 12 additional spaces really even that accessible, useable, or identifiable? Why didn't this "parking consultant" note the usability of these spaces? According to the staff report there already have been significant parking waivers given at this property. Is it fair to the residents or existing businesses to continue giving parking space waivers in an area that is already severely under - parked especially during the summer months? 3. The crime rate and alcohol related incidents within this area are significantly above the citywide average by 54% according to the staff report. To say that RD16 has a lower number of ABC licenses than RD15 and that okay is grossly unacceptable! The alcohol "flows" freely between both of these districts which only represents approximately 7% of the area of the City of Newport Beach. Both reporting districts clearly have severe problems with alcohol - related problems, crime and drunk - driving. These two districts represent only a very small part of the city vet contribute to 36% of the arrests for the entire city. (RD16 242 arrests + RD15 946 arrests divided by city total 3,345 arrests= 35.5 %) This area is already severely over- concentrated with bars and alcohol serving establishments. These two reporting districts already have the highest concentration within the City of Newport Beach AND the WHOLE county per capita. It is also my understanding that under state law, the ABC cannot approve the issuance of a license in an area of "undue concentration" unless the City's legislative body makes a finding that public convenience or necessity would be served by the issuance of the license. Well, I believe there already is enough "public convenience' in that shopping center alone given the liquor store and other restaurants and "necessity' certainly is not necessary in the area. Government Code Section 23958.4 defines "undue concentration" as being an area where there is high crime (defined as an area exceeding the City -wide average crime rate by more than 20 %). and /or the ratio of the number of ABC licenses to population within the census tract exceeds the countywide ratio of the number of ABC licenses to population. which the proposed use is located. These are both supported by the staff report and the ABC. The staff report does not discuss that according to the ABC there are a total of 288 Active On -Sale Retail Licenses (i.e. - restaurants, bars, etc) in the entire City of Newport Beach. In RD15 and 16 there are a total of 105 Active On -Site licenses for a total of 37% of the entire City's total licenses. These numbers do NOT include the Active Off -Site Retail Licenses (i.e. - grocery stores; liquor stores, etc.) RD15 and 16 consist of an area less than 7% of the total City and vet we have 37% of the Active On -Sale Licenses in the City. This clearly is over - concentration by any standard! 5. We also do not wish to see the establishment morph into a bar as The Newport Beach Brewing Company did. The NBBC went in as a restaurant and clearly now is a bar in the evening hours as the city failed to enforce the CUP that was in -place when the Brewery was established. Please review the enclosed attachment of public reviews for the Chronic Taco Cantina and the related ensuing problems. Comments include: "Crowded; lots of lame guys; surfer /stoner beer subsidized taco joint; we had a male harass us; we don't recommend this bar due to the lack of respect they gave to women who felt genuinely threatened; too drunk to remember the downsides" Again, I would strongly encourage you to deny this applicant as there already are too many bars and "party' restaurants that are negatively impacting the enjoyment of the coastal properties and are disturbing and endangering the residents and visitors. The amount of unruly, intoxicated patrons, the number of police /fire calls for service, the related crime, puke, public urination and drunk - driving in this area is grossly unacceptable. Also I would have believe that the city's continued approvals of these bars /restaurants in an area that clearly is already over - concentrated with alcohol establishments creates a negligence and a liability for the city especially if there's a tragic accident. Please understand that I am speaking on behalf of several residents and we thank you for your time and consideration. Drew Wetherholt 16 -year resident ORANGE COUNTY, CA METRO > COSTA MESA by 0a Cftysearch HOME RESTAURANTS BARS & CLUBS HOTELS SHOPPING SPA & BEAUTY MOVIES BEST OF C ITYSEARCH Search What are you looking for? Near Costa Mesa, CA Orange County. CA Melrc I Caata Mesa + ears & Cluba> Chronic Cantina Chronic Cantina n You might also like... Czeckers 1562 Newport Blvd, Coate Mesa, CA 92627 (949)646.0227 1870 Harbor Blvd Costa Mass, CA 92627 Get Map 8 Directions u OVERVIEW USER REVIEWS(7) MAP & DIRECTIONS REVIEWS & RATINGS FOR CHRONIC CANTINA Showing 1 -7 of 7 reviews Welcome back I Sign in Using Facebook I Sign in i Sign Up L4i4 `, b.i :. 7 reviews Read reviews Write a review Print Send to Share Sponsored Pierce Street e4wi µ Annex 330 E 17th St Costa Mesa, CA 92627 2'"� Y 4d N., .. 7 reviews Write a review LOTS of Guys lie Vi '&l': ' by toeme386 May 13, 2007 Was this Good place to go and grab something to eat and drink, but on Saturday nights it is review CROWDED. The beer battered mahi mahi appetizer is really good. If you are a girl you helpful? will have no problem getting in. The guy to girl ratio is crazy and i guess theta good if YES you are a single gid looking to get picked up on 10 times, but definitely not my cup of tea. The crowd basically consists of everyone who is too cheap to actually pay to get into a dub and too lazy to make the drive up to LA. The dance floor is tiny and made NO me clauslerphobic. Getting a table with friends is the best idea, and make sure it is one against the wall, because they remove the rest of the seating when it gels CROWDED. 0 Yes 10 No Ended the night wailing outside with a friend for the rest of our group and being asked buy some Bro" If you had the choice would you rather data a guy that has a huge raised truck or a BMW 7 series". I guess g you into lame guys and you throw back a couple of drinks you'll have a decent time. Pros: Pretty good food, cheap drink%, good pre -going out/ dinner spot Cons: lots of lame guys, very Cramped and crowded Write comment on this review William Identity crisis between Sutra pre -funk and INsufer /stoner beer subsudused taco joint. - by ocjc February 14, 2009 Was this review Located in Triangle Square next to Vegaa-wannabe -club; Sutra, this bar Is big enough helpful? to hold post -work weeknight drinking outings but too small to handle or justify the WE'REALL NEWf Tell us what you think EVENTS DIRECTORY & SERVICES GO Change City or Neighborhaod Advertise With Us EXPLORE COSTA MESA NEARBY CITIES • Huntington Reach • Santa Ana il7w pays kids � with any Coke can click to find out more Advertisement LISTS IN COSTA MESA Best Spots to Kiss in Orange County by Amanda Knoles 24171n Orange County by Amanda_Knoles Orange County 101 by Amanda Knowles RECENT REVIEWS IN COSTA MESA Tin Liate Saloon ... .,, .. ,. ,. 752 Saint Clair St, Costs Mesa, CA Sutra Lounge 1870 Harbor Blvd, Costa Mesa, CA ® Sutra Lounge s: ;.. A 1 Sutra Harbor Blvd, Costa Mesa, CA Sutra Lounge : 1870 Harbor Blvd, Costa M can, CA,. (.4 YES crowds on Friday and Saturday nights. The waitresses are dressed in punk rock plaid skirts and knee high leather boots reminiscent of a bad Blink 182 wet dream. Half of the place is open air to enjoy SoCal evenings and they've thravn in a nice community gas NO fire pit table you can sit around and chat up the cute girl next to you. The same guys that dropped out of college to bring you delicious finger food at Chronic Taco own and 0 Yes 10 No supply the Cantina ensuring your need for quality SoCal -Maxi grub is well mel- Friday and Saturday nights fill up with pre -Sutra patrons yet manages to stay crowded fill closing. (Perhaps from people leaving the elbow smashing crowds at Sutra.... speaking from personal experience.) The place is small to medium sized and the bar selection is pretty weak particularly when It comes to beer so it doesn't make for much of a night spot unless it's a weeknight. Come for lunch, dinner, or post -work drinks but for the same crowd with better options, head down to the Newport Pier aka "peninsula ". Pros: Great tacos with your afternoon beer Cons: Crowded weekends proximity to alternatives (compared to nearby Peninsula bar scene) Write comment on this review REALLY FUN PLACE GREAT FOOD CHRONIC 'r:l is tie i.7'i- CANTINA by Posted 234 November 11, 2008 Was this review We go to Chronic Cantina probably a couple times a month and have had a GREAT helpful? time every time we want. The food was inexpensive and really good, and the nig hd8e was poppin. The DJs are top notch and the line gets longer than most I have seen to YES get in. Peter G span when we went on Friday and the ladies were holl —.l would give it four Mrs... NO Write comment on this review 0 Yes /0 No Reverse by Monique R. at InsiderPages Contributor September 10, 2008 Was this When you enter Chronic Cantina, you walk into the outside patio part of the bar /club. Its review very roomy and the setting is amazing. Inside is a small dance Awr and bar. There is a helpful? good crowd and the night was very enjoyable. Great place to go with friends and co- workers. YES Write comment on this review NO 0 Yes 10 No crowded by Jaime V. at InsiderPages •".4 Contributor June 10, 2006 Was this I like Chronic Cantina because it is located on the upper level of Triangle Square which review kind of gives it a private club sort of appeal. the food is good and the waitresses are helpful? always dressed really cute. YES Write comment on this review NO 0 Yes /0 No If you want to be harassed and disrespected by , men, come here. by Megcoreen February 16, 2008 p"s kill pi dick to find out more Was this My girgriend and I went out to have a great Friday night filled with drinks and dancing. review Instead, we had a male harass us on the dance Boor, grabbing us and insisting on helpful? dancing. He grabbed our arms and would not let go even though we were CLEAR we weren't interested. When we started the bouncers about the problem, first they told us YES they would take care of it. We waited several minutes by the front of the bar to see if NEARBY CITIES the problem was going to be taken care of. When we d iscovered that the bouncer we NO told was hanging out in front of the bar Instead of kicking the guy out, we decided to Help alert another bouncer that he was causing problems. The second bouncer told us that 0 Yes! 0 No he was really sorry but 9 they didn't see the harassment, there was nothing they could Privacy Policy do about it. If it happened a second time, they would escort him out of the bar. Huntington Beach Needless to say, we weren't going to wait around for the harassing creep to get kicked Catering out so we decided to leave. We don't recommend this bar due to the lack of respect they gave to women who felt genuinely threatened. Shopping Write comment on this review i Was this review helpful? YES NO 0 Yes 10 No Great Food, Fun Time by indyjo May 03, 2007 w ail W 54 1", I went last semester to celebrate the graduation of two of my friends. We were there for hours and boy did we drink and eat... It was great and I might go this semester to celebrate my own graduation) Pros: Nice Staff, Great Food, Fun Atmosphere Cons: Too drunk to remember the downsides... 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Partner Sites: Evite - Insider Pages - Expedia - Hotels. corn - Hotwire - LendingTree - MerchantCircle - Match - Pronto - Urbanspoon Lepo, David From: Lori Morris [lorirmorris @gmaii.com] Sent: Thursday, June 18, 2009 5:38 PM To: Harp, Aaron; Wolcott, Cathy; Curry, Keith; Kiff, Dave; Gardner, Nancy; Bludau, Homer; Lepo, David; Daigle, Leslie, Henn, Michael; Selich, Edward Mayor; Rosansky, Steven; Wood, Sharon; Barry Eaton; bhillgren @cox.net; emcdaniel@fullertoncb.com; jeff.00le @cushwake.com; rhawkins @earthlink.net; scott.peotter @taxfighter.com; strataland@earthlink.net Subject: CHRONIC TACO PARKING WAIVER Gentlemen: Please enter this in the record for the Planning Commission Meeting, today, June 18, 6:30pm.. I am requesting you deny the "Chronic" Use Permit for the following reasons: 1. Applicant is asking for a Beer and Wine A.B.C. Type 41 License. This very small, dense strip mall already has THREE establishments that sell hard liquor, beer and wine, extremely close to residential areas and a PARK. 2. Applicant is asking for an 18 space parking waiver on top of a 40 space parking waiver that encompasses all eating and drinking Establishments. This strip mall is known for parking problems and CONGESTION through out the year and it is especially bad on weekends and in Summer and Spring months. As a local we have a hard time NOW finding spaces just to eat brunch or dinner. It is ridiculous to add additional parking to this already frustrating problem in such a dense high traffic area. 3. Applicant is asking for a 'TAKE OUT' from 7AM TO MIDNIGHT. This is just adding to the traffic, noise and parking space problem that already exists. 4. Applicant is advertising "pool tables" at the proposed establishment NOW. When questioned by our City the applicant denies pool tables will be in new use area. Why advertise to the public that there will be pool tables when there will be none? 5. The Newport Beach Police Dept., by their own admission, knows this area to be used for the selling of drugs and drug use. The applicant has a pattern and history of code violations and crime in other locations. Please click on this link below for the minuet es of Upland City Council Meeting to revoke Chronics use permit: http: / /www.ci.upl and. ca. us / asp / Site /Cit H�gendaMin/details.mp ?ID= 955 &SrcID =1 You will find in reading these minutes and the staff report that in 14 months of operation Chronic had 70 calls for service with 25 arrests. Also included: POLICE DEPARTMENT 2 attempted murders 11 -1 -08 man shot 10 -19 -08 man stabbed 2 car jackings 3 felony assaults 14 other types of assaults 1 fire arm discharge 12 -07 -08 shots fired 4 auto thefts 4 auto burglaries 5 thefts 3 DUI's 5 public intoxication's 33 disturbances 4 incidents needed outside police services FIRE DEPARTMENT Fire department fire watch for "Chronic" 39 times On one occasion the Fire Department called in Police as Chronic had covered smoke alarms to disable there use,in order to use a fog machine and when the Fire Department tried to clear the building the crowd became hostile. Tennants have found tail - gating in the parking lot and crime to the extent that they have a buddy system for patrons when they go to their cars. They have also consistently found beer bottles, underware, prophylactics, syringes and Chronic business flyers in the parking lots. It is obvious that this USE is not consist with a safe and quiet neighborhood that surrounds this area. This parking lot is already known for drug use, transients, trash, and fights, why add to the existing problems and burden the residents and the city services. We, the residents, already have beligerant drunks using River Ave instead of Balboa so they are not caught by police, they yell, fight, cuss and urinate on our properties, even vomit in our yards. This is a huge additional strain on our Police and Fire Services as written in the City Staff Report of Upland. Why would we even consider this use when we are in such hard economic times and having to scale back on all city budget considerations? I think it is safe to say most residents love Chronic Tacos but do not want another crowded noisy bar in our neighborhood. As a West Newport Resident I am asking you to please deny this USE PERMIT. Sincerely, Cindy Koller West Newport Residents City of Newport Beach Police Department Memorandum April 13, 2009 TO: Russell Bunim, Assistant Planner FROM: Detective Bryan Moore SUBJECT: Chronic Tacos, 4525 West Coast Highway, Use Permit No. UP2009 -012 (PA200"50). At your request, the Police Department has reviewed the project application for Chronic Tacos, Inc., located at 4525 West Coast Highway, Newport Beach. Per the Project Description submitted by TJ Design, the proposal is for an expansion of the existing space. The food preparation will take place in the existing space which will now be reserved for walk -in and take -out orders. The expanded space (currently occupied by The Green Room) will be utilized as a dining /seating area for patrons who wish to dine -in. A server will take orders, via a pass - through window, and then serve the food to patrons seated at tables. The proposal also calls for the addition of a bar which will be located in the expanded space. The applicant is applying for a Type 41 (On -Sale Beer & Wine) 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 per capita average of ABC licenses. Additionally, this location is within an RD that is over the Orange County per capita of ABC licenses. Applicant History Chronic Tacos, Inc., was founded in 2001 by Daniel A. Biello and Randall L. Wyner. The concept was fast, fresh, made -to -order Mexican food at an affordable price. The Newport Beach location was the first to open Its doors In July of 2002. Since then, Chronic Tacos has become a franchise company forming Chronic Tacos Enterprises. There are now more than 20 Chronic Tacos throughout California, including franchises in Arizona and Idaho. Chronic Tacos, Inc. UP2009 -012 Sians and Displays Any signs or displays would need to conform to City requirements, There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Hours of Operation The proposed hours of operation are from 7 a.m. to 12 a.m. daily. The applicant proposes to serve alcohol to customers between the hours of noon and 10 p.m., after which sales will be cut off. Past experience has shown that it is extremely difficult for the police department to monitor the service /consumption of alcoholic beverages when a business remains open after service is discontinued. An additional consideration is the over concentration of ABC licensed establishments in this reporting district and the district adjacent to the. location. The Newport Beach Police Department is required to spend a substantial amount of time and resources policing this area. The majority of the problems include such things as noise complaints, public drunkenness and DUI enforcement. The area (known as the Triangle Lot) also experiences heavy vehicular and pedestrian congestion on weekends, holidays and summer months. For this reason, the Newport Beach Police Department has determined that in order to maintain the health, safety and welfare of the community, the expanded dining/seating area (including the bar) should close at 10 p.m. (at which time all alcoholic beverage servicelconsumption is discontinued). We propose that the existing (kitchen) area remain open for take -out orders only until 12 a.m. Security The Police Department has no recommendations. Employee Tratnina Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a carted 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. Chronic Tacos, Inc. UP2009 -012 Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the Conditional Use Permit for the business: 1. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Pen-nit. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 3. 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. 4. 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. 5. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 7. There shall be no dancing or live entertainment allowed on the premises. Chronic Tacos, Inc. UP2009 -012 Alcoholic Beverage Control License Upon approval of the CUP, the ABC license will be conditioned as necessary to maintain the health, safety and welfare of the community. If you have any questions, please contact me at (949) 644 -3725. Detective Bryan Moore ABC Liaison (/�7 9Jim- Kaminsky, Captain Detective Division Commander Is City of Newport Beach Police Department Memorandum April 13, 2009 TO: Russell Bunim, Assistant Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Chronic Taco at 4525 West Coast Hwy. This area encompasses our reporting district (RD) number 16 as well as part of Census Tract 635. This report reflects City of Newport Beach crime data for calendar year 2008, which is the most current data available. Calls for Service Information City wide there were approximately 68,886 calls for police services during this time, of which 3,231 were in RD 16. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,779 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,889 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,890 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,430.38 per 100,000 people. The national Part One crime rate was 4,063.4* per 100,000 people. Crimes RD 16 Newport Beach California* National* Part 1 118 2,925 1,390,709 11,556,854 Part 108 3,712 N/A N/A Part 1Crime Rate 4,473.09 3,430.38 3,848.95 3,898.94 The number of active ABC licenses in this RD is 7** Per capita ratio 1 license for every 377 residents. This reporting district had a total of 329 reported crimes as compared to a City wide reporting district average of 178 reported crimes. This reporting district is 151 comes more or 84.42% above the City wide reporting district average. This 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. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. Arrest Information There were 25 DUI arrests and 78 Plain Drunk arrest in this area during this same period as compared to 1,680 for the entire city. This RD amounts to 6.13% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 16 Newport Beach California* National* (DUI/Drunk) 103 1,471 N/A N/A Total Arrests 242 3,345 1,457,151 9,579,611 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 13 and RD 15 Crimes RD 13 RD 15 Part 1 116 310 Part 2 116 278 Crime Rate 6,349.21 10,965.69 Arrests (DUI/Drunk) 67 557 Total Arrests 164 946 Calls For Service 2,996 6,599 Number of active ABC licenses 5 ** 98 ** Per capita ratiol license for every 365* residents 29* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 84,218. *These numbers are from the 2006 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit Gentlemen: Please enter this in the record for the Planning Commission Meeting, today, .tune 18, 6:30pm.. I am requesting you deny the "Chronic" Use Permit for the following reasons: 1. Applicant is asking for a Beer and Wine A.B.C. Type 41 License. This very small, dense strip mall already has THREE establishments that sell hard liquor, beer and wine, extremely close to residential areas and a PARK. 2. Applicant is asking for an 18 space parking waiver on top of a 40 space parking waiver that encompasses all eating and drinking Establishments. This strip mall is known for parking problems and CONGESTION through out the year and it is especially bad on weekends and in Summer and Spring months. As a local we have a hard time NOW finding spaces just to eat brunch or dinner. It is ridiculous to add additional parking to this already frustrating problem in such a dense high traffic area. 3. Applicant is asking for a "TAKE OUT' from 7AM TO MIDNIGHT. "]'his is just adding to the traffic, noise and parking space problem that already exists. 4. Applicant is advertising "pool tables" at the proposed establishment NOW. When questioned by our City the applicant denies pool tables will be in new use area. Why advertise to the public that there will be pool tables when there will be none'? 5. The Newport Beach Police Dept., by their own admission, knows this area to be used for the selling of drugs and drug use. The applicant has a pattern and history of code violations and crime in other locations. Please click on this link below for the minuet es of Upland City Council Meeting to revoke Chronics use permit: hull / /A%vy _w.ci.uo]and.ca.us /ast) Silc /CitylJ all /AacndaMinid t_iils.asl ?ID- 955&SrcIU_I You will find in reading these minutes and the staff report that in 14 months of operation Chronic had 70 calls for service with 25 arrests. Also included: POLICE DEPARTMENT 2 attempted murders 11-1-08 man shot 10 -19 -08 man stabbed 2 carjackings 3 felony assaults 14 other, types ol'assaults 1 Alrc, arin discharge 12 -07 -08 shoes tired 4 auto thefts 4 auto burglaries _5 thefts 3 DU I's 5 public intoxication's 33 disturbances 4 incidents needed outside police services FIRE DEPARTMENT Fire department fire watch for "Chronic" 39 times On one occasion the Fire Department called in Police as Chronic had covered smoke alarms to disable there use,in order to use a fog machine and when the Fire Department tried to clear the building the crowd became hostile. Tennants have found tail - gating in the parking lot and crime to the extent that they have a buddy system for patrons when they go to their cars. I hcy hay c also consistently tdund beer bottles, underware, prophylactics, syringes and ('hn,nic business flyers in the parking lots. It is obvious Ihal this I ISfi is not consist with a sale and quiet neighborhood that :; nr0nnds Ibis area. I Ili.,: parking till is already known litr drug usc, Iransients, trash, and lights, wily add to Ow ('Xistina problems and burden the residents and the city services. We. the residents, already have beligerant chunks using River Ave instead of 13alboa so Ihcvare not crmghl by police, they yell, light, cuss and urinate on our properties, even � omii in out• yards. I his is i hogs additional strain on our Police and Fire Services as written in the City Staff Why Ncnold we oven consider this use when we are in such hard economic times and 11 ;1" inl, Io scale back on all city budget considerations? 1 think it is sale to say most residents love Chronic Tacos but do not want another rro,"dcd noisy bar in our neighborhood. As a Nest Newport Resident l am asking you to t,lease (Iclw this L)Sl; PERMIT. Sincerely, Cindy Koller Picasa Web Albums - Drop Box - Drop Box / �` _ d W Page 1 of 1 mail Calendar Documents Photos Reader Sites Web more . New Features I He p I Sig In I Sign up for Picasa Web Albums 4� Picasa oe > Drop Box Full screen \ Photo g of 12 View All Explore joe's Gallery Download Prints Search Add a comment Sign In if you have a Picasa Web Albums account, or sign up for a free account. 02009 Google Download Picasa - Terms of Use - Privacy Policy - Program Policies - Developer - Blog - Google Home http://picasaweb.google.com/jreissO/DropBox?authkey=Gvl sRgCP_gjOissJCICw &feat =e... 6/18/2009