HomeMy WebLinkAboutEddie Vs Wildfish Restaurant (PA2005-036) 1370 Bison AveCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
June 9, 2005
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
runa(a)city. newport- beach.ca. us
(949) 644 -3208
SUBJECT: Eddie V's Wildfish Restaurant
Use Permit No. 2005 -008 (PA2005 -036)
1370 Bison Avenue
APPLICANT: Michael Cho representing the applicant,
Eddie V's Wildfish Restaurant
REQUEST
The applicant requests approval of a Use Permit to allow the operation of a 6,637 square
foot restaurant named Eddie V's Wildfish Restaurant with an outdoor dining patio area of
approximately 999 square feet. The applicant also includes a request to allow the
restaurant to operate with a Type 47 (On -Sale, General, Eating Place) Alcoholic
Beverage License.
Staff recommends that the Planning Commission approve Use Permit No. 2005 -008, to
allow the operation of a new eating and drinking establishment and to allow the restaurant
to operate under a Type 47 (On -Sale General Eating Place) License, subject to the
findings and conditions of approval within the draft resolution.
1]6101*1.1101i
Backaround & Site /Proiect Overview
The restaurant will occupy an existing corner suite adjacent to Islands Restaurant in the
Bluffs Shopping Center. The 52,000 square -foot shopping center is located at the
northeast corner of Bison Avenue and Macarthur Boulevard that was approved and
constructed pursuant a Site Plan Review in July 2001. The proposed restaurant would
occupy a vacant suite within the shopping center intended for restaurant use when the
center was first approved.
Eddie V's Wildfish Restaurant (PA20O5 -036)
June 9, 2005
Page 2 of 9
VICINITY MAP
1370 Bison Avenue
I 11-ma Parmi4 Nn 2nn1;- 1AA /DA9ring -A2R1
Current
Development:
Shopping Center
To the
northeast:
Bonita Creek Channel and the San Joaquin Hills Transportation Corridor
To the south:
Across Bison Avenue are Open Space and Multiple Family Residential
To the west:
Across MacArthur Boulevard are existing commercial uses and apartments
Eddie V's Wildfish Restaurant (PA2005 -036)
June 9, 2005
Page 3 of 9
In a combined area of 7,636 square feet, Eddie V's Wildfish Restaurant is a
contemporary casual fine dining restaurant serving creative Gulf Coast cuisine in what the
applicant describes as an elegant and comfortable atmosphere. This will be the
applicant's fourth restaurant, with others being located in Scottsdale, Arizona, and Austin,
Texas. The proposed restaurant has approximately 6,637 square feet of internal space
and approximately 999 square feet of outside dining area.
The restaurant provides different dining areas to their patrons: the north and west
elevated dining areas, main dining room with an oyster bar and a traditional bar and an
outside dining patio area with a small bar.
The applicant is proposing to serve beer, wine and distilled spirits in conjunction with
the restaurant operation. No live entertainment or dancing is requested. Background
'music will be provided through the restaurant's internal sound system. The number of
employees during peak hours in Eddie V's Wildfish Restaurant will be approximately 20
persons. The restaurant will seat approximately 334 patrons (265 persons inside the
establishment and 69 persons outside in the patio area).
Analysis
The proposed eating and drinking establishment requires approval of a use permit for the
use and alcoholic beverage service (ABO).
General Plan
The subject property is designated Retail & Service Commercial by the General Plan
Land Use Element and has the zoning designation of PC -50 (Bonita Canyon Planned
Community). Eating and drinking establishments are conditionally permitted uses
pursuant to Section 6.2 of the Bonita Canyon Planned Community Text.
Restaurant 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.
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Eddie V's Wildfish Restaurant (PA2005 -036)
June 9, 2005
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Development Standards
Hours of Operation
The restaurant will be open seven days a week. The proposed hours of operation are
Sunday through Tuesday, from 5:00 p.m. to 11:00 p.m. and Wednesday through
Saturday from 5:00 p.m. to 1:30 a.m. The Police Department has no concerns with the
T
::77777 REQUIREMENT
.. ;t?Ri,�OgED! .
Site:
Site shall be of sufficient size and configuration to
Complies. The site is 8.87 acres and has been found
satisfy all requirements for off-street parking,
adequate for the construction of a 52,000 square foot
setbacks, curb cuts, walls, landscaping and refuse
shopping center with up to 32,150 square feet of
storage as provided by .Section 20.82.040 of the
restaurant uses (Site Plan Review No. 2001 -001
Municipal Code.
approved 7119/2001).
Setbacks:
The City may establish more restrictive setbacks If it is
Complies. The proposed use will be within a newly
determined that it Is necessary or desirable for the
developed shopping center which provides a minimum
protection of the public health, safety or welfare, or to
25 -foot setback from all property fines. The site is also
insure the compatibtlity of uses on contiguous
separated from nearby uses by Macarthur Blvd. and
properties.
Bison Avenue. More restrictive setbacks are not
necessary in staffs opinion.
Off -Street
Off-street parking in accordance with the provisions of
Complies. The site provides 474 parking spaces for all
Parking:
Chapter 20.66 of the Municipal Code
uses which exceed the 453 spaces required. The
proposed restaurant is a part of the 19,809 square foot
limit for eating and drinking establishments and will not
impact the required parking total, therefore adequate
parking will be provided in accordance with the Bonita
Canyon PC Text Furthermore, a parking study has been
conducted to ensure that there will not be negative
impacts to the center during the restaurant business
hours.
Cdcufation:
Parking areas and driveways to facilitate traffic and
Complies. The traffic circulation has been reviewed by
circulation of vehicles on and around the facility and to
the City Traffic. Engineer in conjunction with the approval
provide adequate sight clearances.
of the original construction of the site.
WaI&
A solid masonry wall 6 feet high shall be erected on all
Waiver. The site has no interior lot lines as the site is
interior property lines of the subject property. Walls 3
bounded by Macarthur Blvd., Bison Ave. and the San
feet in height shall be erected between the on -site
Joaquin Hills Transportation Corridor. Screening of
parking areas and the public right -of -way.
parking areas is proposed to be accomplished by use of
landscaping and earth berms as opposed to wails. Staff
recommends waiving the 3 foot high wall requirement
Landscaping.
10% of entire site, 3 foot wide landscape area shall be
Complies. The site has approximately 67% landscape
provided to screen the parking area from the public
with the majority of the landscaping in a wildlife
right -of -way. A 3 foot wide landscape area adjacent to
mitigation area to the northeast of the center abutting the
the interior property lines shall be provided.
San Joaquin Transportation Corridor. Landscaping within
the developed area exceeds 10% although the exact
percentage is not known. The landscape plan approved
as a part of the Site Plan Review application includes the
use of 244nch box trees throughout the parking tot, and
a 25 -foot wide landscape strip along both street
frontages.
lighting:
Parking lot and site illumination height and intensity; to
Complies. The parking lot Ilghting was implemented in
minimize the reflection of lights to the streets and
accordance with the lighting plan under the Site Plan
neighboring properties.
Review application. No additional lighting Is proposed in
conjunction with the proposed restaurant.
Utilities
All utilities are required to be undergrounded.
Complies. Utilities are required to be underground
pursuant to Site Plan Review No. 2001 -001. No above
round utility connections are proposed.
Supply Storage
Supply storage to be contained within a building.
Complies. No outdoor storage of supplies is permitted.
Refuse Storage
Refuse storage outside of a building shall be hidden
Complies. Trash storage areas are located within
from view by a solid masonry wall 6 feet in height with
enclosed service areas throughout the shopping center-
self-locking gates.
A separate storage for the restaurant is located on the
west of the building.
Hours of Operation
The restaurant will be open seven days a week. The proposed hours of operation are
Sunday through Tuesday, from 5:00 p.m. to 11:00 p.m. and Wednesday through
Saturday from 5:00 p.m. to 1:30 a.m. The Police Department has no concerns with the
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Eddie V's Wildfish Restaurant (PA2005 -036)
June 9, 2005
Page 5 of 9
proposed restaurant's operating hours. However, the Police Department is
recommending that the patio be closed at 11:00 p.m. to be consistent with the adjacent
Islands Restaurant. The applicant has been informed and has accepted the Police
Department's recommendation.
Parking Study
The shopping center provides 474 parking spaces for all uses, which exceeds the 453
spaces required. The proposed restaurant is a part of the 19,809 square foot allowance
for eating and drinking establishments and its required parking is included within the
totals. The shopping center experiences parking demands that at times leaves very few
spaces available during lunch and dinner hours. Due to this concern, the City Traffic
Engineer recommended a parking study to be prepared during the proposed hours of
operation in order to determine whether the parking associated with the proposed
restaurant could be accommodated.
On May 5, 2005, the applicant submitted a parking study (Exhibit 4) containing parking
counts for the entire center collected on 4 separate days (Tuesday, Thursday, Friday
and Saturday) during the months of March and April 2005, from 5:00 p.m. to 9:00 p.m.
'The study revealed that on Tuesday, Thursday, Friday and Saturday, the shopping
center has an average of over 200 empty parking spaces during the period from 5:00
p.m. to 9:00 p.m. but slightly less than 200 spaces on Friday. On that particular Friday,
during the 6:00 p.m. to 7:00 p.m. time frame, the parking availability decreases to 90
spaces. The proposed restaurant requires 99 spaces based upon its size and the
parking standards of the Bonita Canyon PC Text. Based on the data provided, parking
space utilization may be reach 100% during the 6 o'clock hour. During this time frame
the center may experience traffic congestion within the parking drive aisles as drivers
search for parking spaces.
The Traffic Engineer also notes that 66 parking spaces counted for this parking analysis
are over 330 feet from the proposed restaurant as they are located behind the other
commercial buildings and may not be used by patrons of the proposed restaurant.
However, it should be noted that these parking spaces are designated for the employee
parking rather than for the patrons and they were counted in the overall parking ratio.
Alcoholic Beverage Outlet Ordinance
The applicant is requesting a Type 47 License to permit the on -site consumption of
beer and wine and distilled spirits. Section 20.89.030.6 of the Alcoholic Beverage
Outlet Ordinance (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.
Eddie V's Wildfish Restaurant (PA2005 -036)
June 9, 2005
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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. The proposed alcohol outlet is for a full service
fine dining restaurant. The service of beer, wine, and.distilled spirits is provided for the
convenience of patrons dining at the restaurant. The Bonita Canyon Planned
Community includes provisions for such restaurant uses, and the restaurants can be
viewed as complementary to the surrounding retail, office, and residential uses. The
Police Chief is designated by Council Policy K -7 to be responsible for making an official
finding of public convenience and necessity on behalf of the City. The Police Chief is
prepared to make this finding as the proposed establishment is a restaurant and not a
bar or nightclub.
2. Crime Rate. Citywide, there were 5,889 crimes reported during calendar year
2004, of which 2,508 were Part One Crimes (serious offenses). The remaining 3,381
were Part Two Crimes that include alcohol related arrests. The project site is located
within Police Reporting District (RD) No. 54. The Part One Crime Rate for the RD, two
adjacent RD's, City,. California and National averages are shown in the following table
for comparison.
RD No. 54:
2700.42
CitV Average:
3314.74
RD No. 51:
1306.86
1 California:
4003.50
RD No. 36:
2400.55
J National:
4063.40
The crime rate in RD 54 is slightly higher due to the limited population of the RD. During
2004, the number of Part One Crimes in RD No. 54 was 32 and the number of Part Two
Crimes was 19. RD No. 51 had 52 Part One and 19 Part Two Crimes; and RD No. 36
had 105 Part One and 54 Part Two Crimes. While the number of reported total crimes
is higher within the RD of the subject project site as compared to surrounding RD's, the
Police Department believes that the actual amount of crimes in the area is not
considered significant due to the fairly high concentration of commercial uses within RD
No. 54, and RD Nos. 51 and 36 are primarily residential.
3. Over Concentration. There are a total of 3 active ABC licenses within RD No. 54.
The census tract within which the restaurant is located has a lower ratio of liquor
licenses to population (1 license for every 395 residents) when compared with the
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Eddie V's Wildfish Restaurant (PA2005 -036)
June 9, 2005
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average ratio for Orange County (1 license for every 592 residents) since there are very
limited ABC licenses within the census tract. As noted in the Police Department report,
the requested on -sale alcohol license is not expected to generate additional crime
problems in the area due to the nature of the business and its location within the Bonita
Canyon area. An additional alcoholic beverage license within the area is not considered
by the Police Department as detrimental to the community.
4. Alcohol Related Crimes. The Police Department has provided statistics for
driving under the influence and plain drunk arrests. There were a total of 18 arrests,
with 6 driving under the influence arrests and 1 plain drunk arrest within RD No. 54 in
2004. The percentage of alcohol related arrests within RD No. 54 is 39% (7118).
City -wide, alcohol related arrests account for 35% (1,238/3,550) of all arrests made.
The alcohol - related arrest rate in the two adjacent reporting districts is 20% for RD No.
51 and 28% for RD No. 36. The rate within which the project is located, RD No. 54, is
higher than the city-wide average and higher than the two adjacent RD's. However, the
Police Department does not believe that the proposed request will generate a
significant number of alcohol - related incidents.
As noted in the section on Crime Rate above, the sale of alcohol in the restaurant is
accessory to the restaurant use. The restaurant has a main bar area of approximately
378 square feet and a patio bar area of approximately 145 square feet, a total of 523
square feet or 7% of the total restaurant floor area. Therefore, in the opinion of the
Police Department, it is unlikely that the sale of distilled spirits in conjunction with the
restaurant use will increase alcohol - related crimes. In addition, the Irvine Company
provides security for the shopping center, which will assist in deterring alcohol- related
disturbances.
5. Adjacent Uses. The site is located within the Bonita Canyon Planned Community
with a mixture of commercial and residential developments. The shopping center,
however, is considered to be an "island" by itself, which is bounded by MacArthur
Boulevard to the west, Bison Avenue to the south, and with the San Joaquin Hills
Transportation Corridor wrapping the site to the north and east. The site is not
immediately adjacent to sensitive land uses. All residential developments within the
area are separated by either Bison Avenue or MacArthur Boulevard and are
approximately 500 feet from the proposed development. There are no day care centers,
schools, playgrounds or hospitals located in the close proximity of the project site.
In accordance with the ABO Ordinance, the Police Department has reviewed the Use
Permit application and has determined that no additional conditions related to design or
security are necessary.
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Eddie V's Wildfish Restaurant (PA2005 -036)
June 9, 2005
Page 8 of 9
Use Permit Findings
In addition to the required ABO findings, the Zoning Code requires the Planning
Commission to make certain findings for use permits. These findings are listed and
discussed below.
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.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan and
the purpose of the district in which the site is located; will not be detrimental to the
public health, safety, peace, morals, comfort, or welfare of persons residing or working
in or adjacent to the neighborhood of such use; and will not be detrimental to the
properties or improvements in the vicinity or to the general welfare of the city.
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 proposed restaurant with ancillary alcoholic beverage service meets the intent of the
Zoning Code and Planned Community District Regulations as a restaurant use of this
type is typical of a shopping center. Additionally, this commercial space was anticipated to
be used for restaurant use when the shopping center was authorized in 2001. Based on
the review of the proposed operating characteristics of the restaurant including hours of
operation, the ABO application and Police Department reports, the proposed use will not
likely be a detriment to the site or the community. The center is separated from other
surrounding uses by roadways and no parking is permitted on the adjacent streets;
therefore, any parking shortages would not likely spill onto the adjacent properties. The
anticipated shortfall is relatively small (less than 2 %) and its duration will be limited. The
shopping center would experience a natural adjustment in parking demand after the
restaurant's initial opening as the patrons learn to avoid and /or offset their dinner hours.
The brief parking shortage during the six o'clock dinner hour could cause minor
inconvenience to patrons but not to a degree that it would be detrimental to the general
public welfare in staffs opinion.
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). The proposed interior improvements, in order to accommodate the new
restaurant, are a minor alteration within the shopping center. There will be no
environmental disturbance as the proposed project is located in a fully developed area.
►O
Eddie V's Wildfish Restaurant (PA2005 -036)
June 9, 2005
Page 9 of 9
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
`R salinh Ung, Ass c to Planner
Exhibits
Submitted by:
LL��I d LML �
Patricia L. Temple, Pighning Director
1. Draft Resolution No. 2005-; findings and conditions of approval
2. Letter and project description from applicant
3. Police Department report
4. Parking Study
5. Project Plans
1I
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2005-008 FOR
PROPERTY LOCATED AT 1370 BISON AVENUE (PA2005 -036)
WHEREAS, an application was filed by Eddie V's Wildfish Restaurant with
respect to property located at1370 Bison Avenue, and legally described as Parcel 1 of
Parcel Map No. 32648, requesting approval of a Use Permit to allow the operation of a
restaurant and to allow the restaurant to operate with a Type 47 (On -Sale, General,
Eating Place) Alcohol Beverage License.
WHEREAS, a public hearing was held on June 9, 2005, in the City Hall Council
Chambers, at 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.
WHEREAS, the site is designated Retail and Service Commercial by the General
Plan Land Use Element and zoned PC District 50 (Bonita Canyon Planned Community).
Eating and drinking establishments are conditionally permitted uses within the General
Plan and Zoning Code designations.
WHEREAS, the location of the proposed eating and drinking establishment
requiring this Use Permit, and the proposed conditions under which it will be operated
and maintained, is consistent with the General Plan and the purpose of the PC District
50 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:
1: The location of the restaurant is in the Bluffs Shopping Center. Restaurants are
conditionally permitted in the shopping center and are complimentary to the
surrounding commercial uses.
2. The shopping center is separated from other uses by roadways; and there are no
sensitive uses such as residences, day care centers, schools, playgrounds or
hospitals located in the close vicinity of the project site.
3. The restaurant has been conditioned in such 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.
WHEREAS, the alcoholic beverage service complies with the purpose and intent
of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the
following reasons:
1. The use has been conditioned to minimize the impacts associated with the sale
of alcoholic beverages. The plans, as conditioned, meet the design and
development standards for alcoholic sales.
13
City of Newport Beach
Planning Commission Resolution No.
Paae 2 o_ f 7
2. The convenience of the public can be served by the sale of desired beverages in
conjunction with a full - service, fine dining restaurant that is complementary to the
surrounding uses within Bluffs Shopping Center. Alcohol service is typical and
expected by the public in a full - service, fine dining restaurant setting.
3. The crime rate in the police reporting district and adjacent reporting districts is
not likely to increase as a result of the proposed use.
4. The number of alcohol licenses within the report districts 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.
5. The percentage of alcohol- related arrests in the police reporting district in which
the project is proposed is higher than the percentage citywide. Accessory on -site
consumption of alcoholic beverages is not expected to increase alcoholic related
crime.
WHEREAS, the .project qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (Existing Facilities) that allows the
operation of existing facilities where no expansion of use is allowed and this building
was intended for this use pursuant to the approval of the shopping center.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Use Permit No. 2005 -008, subject to the Conditions set forth in Exhibit "A."
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
1i
City of Newport Beach
Planning Commission Resolution No.
Page 3 —of —7
PASSED, APPROVED AND ADOPTED THIS 9th DAY OF JUNE 2005.
BY:
Larry Tucker, Chairman
M
Jeffrey Cole, Secretary
AYES:
NOES:
15
City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2005 -008
1. The development shall be in substantial conformance with the approved floor
plan dated January 14, 2004.
2. Use Permit No. 2005 -008 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. Hours of operation shall be from 5:00 p.m. to 11:00 p.m., Sunday through
Tuesday, and Wednesday through Saturday from 5:00 p.m. to 1:30 a.m. with the
patio closing at 11:00 p.m. daily.
4. 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 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 within sixty (60)
days upon hiring.
5. No live entertainment shall be permitted in conjunction with the restaurant unless
a live entertainment permit is first obtained. Background music provided through
the restaurant's internal system or by a disc jockey is permitted. No audible
paging system shall be allowed outside the building.
6. There shall be no dancing allowed on the premises without the issuance of a
Cafe Dance Permit.
7. Should this business be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing agent.
8. The Planning Commission may add to or modify conditions of approval to this
Use Permit or recommend to the City Council the revocation of this Use Permit
upon a determination that the operation which is the subject of this Use Permit
causes injury, or is detrimental to the health, safety, peace, morals, comfort, or
general welfare of the community.
9. This Use Permit shall be terminated if the operation is no longer maintained as a
"bona fide public eating place" as defined by the California Department of
Alcoholic Beverage Control.
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City of Newport Beach
Planning Commission Resolution No. _
Paae 5 of 7
10. Full menu food service shall be available for ordering at all times that the
restaurant establishment is open for business.
11. A grease interceptor of adequate size is required in association with food
preparation activities.
12. 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. If the operator fails to discourage or correct nuisances,
the Planning Commission may review, modify or revoke this Use Permit in
accordance with Chapter 20.96 of the Zoning Code.
13. The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control 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 sale of alcoholic beverages is prohibited for off -
site consumption. 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.
14. The applicant shall comply with all federal, state, and local laws. Material
violation of any of those laws in connection with the use will be cause for
revocation of this permit.
15. A Special Events Permit is required for any event or promotional activity outside
the normal operational characteristics of this restaurant business that would
attract large crowds, involve the sale of alcoholic beverages, include any form of
on -site media broadcast, or any other activities as specked in the Newport
Beach Municipal Code to require such permits.
16. Any event or activity staged by an outside promoter or entity, where the
restaurant 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.
17. The approval of this Use Permit does not permit the premises to operate as a
bar, tavern, cocktail lounge or nightclub.
18. The operator of the restaurant 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. If the ambient
noise level is higher, noise from the use shall not exceed the ambient noise level.
11
19.
20.
City of Newport Beach
Planning Commission Resolution No. _
Paae 6 of 7
No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the license.
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.
21. The quarterly gross sales of alcoholic beverages 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.
22. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings for the broadcast at a later time, which include
the service of alcoholic beverages, without first obtaining an approved Special
Event Permit as issued by the City of Newport Beach.
23. Sales, delivery and consumption of alcoholic beverages will be restricted to and
within the confines of the building or patio of the premises and sales or delivery
of alcoholic beverages through any pass- through window is prohibited.
24. 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.
25. The applicant shall ascertain that the concrete pavement in front of the existing
triple dumpster enclosure drains toward the existing below -grade clarifier. If
determined otherwise, said concrete pavement shall be reconstructed for correct
surface flow pattern or bottomless trench drains be installed across of the width
of the concrete /asphalt pavement edge to intercept and retain debris and runoff
from tracking onto the rest of the site.
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Between the hours of
Between the hours of
TOOAM and
10:OOPM and
10:OOPM
7:00AM
Location
Interior
Exterior
Interior
I Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
5OdBA
property
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the license.
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.
21. The quarterly gross sales of alcoholic beverages 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.
22. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings for the broadcast at a later time, which include
the service of alcoholic beverages, without first obtaining an approved Special
Event Permit as issued by the City of Newport Beach.
23. Sales, delivery and consumption of alcoholic beverages will be restricted to and
within the confines of the building or patio of the premises and sales or delivery
of alcoholic beverages through any pass- through window is prohibited.
24. 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.
25. The applicant shall ascertain that the concrete pavement in front of the existing
triple dumpster enclosure drains toward the existing below -grade clarifier. If
determined otherwise, said concrete pavement shall be reconstructed for correct
surface flow pattern or bottomless trench drains be installed across of the width
of the concrete /asphalt pavement edge to intercept and retain debris and runoff
from tracking onto the rest of the site.
1�
City of Newport Beach
Planning Commission Resolution No. _
Paae 7 of 7
26. Drainage of the patio area shall be made to comply with the City's water quality
and on -site runoff retention requirements.
27. A minimum 4 -foot wide ADA compliant travel path shall be provided between the
top of existing curb ramp landing and the edge of proposed outdoor benches in
front of the main entrance.
28. The new interior ramps serving the elevated dining areas shall provide a
minimum 4 -foot clearance between handrails to accommodate wheelchairs.
29. A fire extinguishing system subject to the review and approval of the Building and
Fire Departments shall be provided for the kitchen hood.
30. A fire sprinkler protection system subject to the review and approval of the
Building and Fire Departments shall be provided for the patio dining area.
31. All employees shall park on -site.
32. Storage outside of the building in the front, side or at the rear of the property shall
be prohibited, with the exception of the required trash container enclosure.
33. The applicant shall ensure that the trash dumpsters and/or receptacles are
maintained to control odors, which may include the provision of fully self -
contained dumpsters or may include periodic steam cleaning of the dumpsters, if
deemed necessary by the Planning Department. Cleaning and maintenance of
trash dumpsters shall be done in compliance with the provisions of Title 14,
including all future amendments (including Water Quality related requirements).
34. A covered wash -out area for refuse containers and kitchen equipment with
minimum useable area dimensions of 36- inches wide, 36- inches deep and 72-
inches high, shall be provided and the area shall drain directly into the sewer
system, unless otherwise approved by the Building Director and Public Works
Director in conjunction with the approval of an alternative drainage plan.
35. Deliveries and refuse collection for the facility shall be prohibited between the
hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the
Planning_ Director, and may require an amendment to this use permit.
36. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a gate), or otherwise screened from view of
neighboring properties except when placed for pick -up by refuse collection
agencies. The trash dumpsters shall have a top which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
iq
EXHIBIT NO. 2
LETTER & PROJECT DESCRIPTION
M
APPLICANT: Eddie V's Wildfish Restaurant
REQUEST: Approval of Conditional Use Permit Permitting the Development
of a Restaurant and On -Sale of Beer, Wine and Distilled Spirits in
Conjunction With the Operation of a Restaurant.
PROPOSED USE: Restaurant With On -Sale Service of Beer, Wine and Distilled
Spirits.
ADDRESS: 1300 Bison Avenue, Suite 402
Newport Beach, California 92660
PROJECT NARRATIVE
The proposed project is for the approval of a restaurant and Type 47 On -Sale General
Eating Place alcoholic beverage license to permit the on -sale beer, wine and distilled
spirits for a new restaurant to be located within the Bluffs Shopping Center. The propose
use is for an Eddie V's Wildfish Restaurant. Eddie V's is a contemporary casual fine
dining restaurant serving creative Gulf Coast cuisine in a elegant, and comfortable
atmosphere. This will be the fourth restaurant unit, the others being located in Scottsdale,
Arizona and Austin, Texas (2).
This request, in addition to the restaurant use, is to permit the on premise sale of beer,
wine and distilled spirits for on -sale consumption in conjunction with the operations of
the restaurant. Service of beer, wine and distilled spirits is made for the convenience of
patrons dining at the restaurant. All interior and exterior improvements proposed will
pursuant to approved plans by the City of Newport Beach and the landlord.
The subject property is located within the Bluffs Shopping Center, a large master planned
community shopping center. The site is bounded by other retail uses, residential across
Bison Avenue and a mix of residential and commercial across MacArthur Blvd. There
are no residential structures within 500 feet of the proposed restaurant. All residential
areas are separated by either Bison Avenue or MacArthur Blvd.
The patrons of the restaurant will be generated from patrons of the Bluffs Shopping
Center, surrounding office employees and the surrounding residential community.
The proposed restaurant will have a total restaurant area of approximately 6,637 square
feet with a patio area of approximately 999 square feet, The proposed restaurant. will be
open seven (7) days a week. The proposed hours of operation are Sunday through
Tuesday 5:00 PM to 11:00 PM and Wednesday through Saturday 5:00 PM to 1:30 AM.
The project will employ approximately 20 employees that would be on -site at one time.
The surrounding land uses are as follows:
North:
Office /Commercial/Freeway.
South:
Residential.
East:
Office /Commercial/Freeway.
West:
Commercial/Residential.
Al
EXHIBIT NO. 3
POLICE DEPARTMENT REPORT
�a
City of Newport Beach
Police Department
Memorandum
March 22, 2005
TO: Rosilyn Ung — Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Eddie V's Wildfish Restaurant UP2005 -008
Per your request our office has reviewed the project request for Eddie V's Wildfish
Restaurant, located at 1300 Bison Avenue, Suite 2700 Newport Beach, CA 92663. This
business will be approximately 7,636 square feet and located within The Bluffs Retail Center.
The restaurant design has a outdoor patio including a bar area approximately 999 square
feet. The applicant proposes no live music or dancing, only background music will be
provided.
Upon the approval of the Planning Commission, the applicant will apply for a transfer permit
for a Type 47 (On -Sale General- Eating) Place license with the Department of Alcoholic
Beverage Control.
We have included a report by Police Department Crime Analyst Paul Salenko that provides
detailed statistical information related to calls for service in and around the applicant's place
of business.
Applicant History:
Eddie V's Wildfish Restaurant is a contemporary casual fine dining restaurant serving
creative Gulf Coast cuisine in an elegant and comfortable atmosphere. This will be the forth
restaurant, the others located in Scottsdale, Arizona and Austin, Texas (2) also coming soon
to Irvine Spectrum.
Slans and Displays
Advised that any signs and displays would need to conform to city requirements.
Hours of Operation
The proposed hours of operation are Sunday through Tuesday 5:00 PM to 11:00 PM and
Wednesday through Saturday 5:00 PM to 1:30 AM. Police Department recommends patio to
close at 11:00 PM.
P3
Eddie V's Wildfish Restaurant
UP2005 -008
Page 2of3
Preventive Design
The Police Department has no recommendations.
Security:
None stated.
Employee Training
Require all owners, managers and employees serving and /or 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:
The Police Department has no objection to the operation as described by the applicants and,
upon approval of the CUP, will condition the ABC license as necessary to maintain to
maintain the health, safety and welfare of the community.
For the purposes of this application, staff may also want to consider establishing conditions
that would require 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, or events for which an
admission fee is charged, those that include any form of party of contract promoters, or any
other activities as specified in the Newport Beach Municipal Code to require such permits. It
may also be appropriate to establish conditions that would address possible future uses in
the event this business evolves towards a traditional bar -type establishment.
In addition the Police Department believes the following condition would be appropriate for
the Conditional Use Permit for the business:
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 Permit.
2. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
3. 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.
Pa
Eddie V's Wild$sh Restaurant
UP2005 -008
Page 3 of 3
4. Petitioner shall not share any profits, or pay any percentage or commission to a
promoter or any other person, based upon moneys 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 time maintain records, which
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.
6. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings for the broadcast at a later time, which include the
service of alcoholic beverages, without first obtaining an approved Special Event
Permit as issued by the City of Newport Beach.
7. There shall be no dancing allowed on the premises.
8. There shall be no live entertainment of any type on the premises at any time.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Unit
D5
City of Newport Beach
Police Department
Memorandum
March 10, 2005
TO: R. Ung, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Eddie V's Wild fish
restaurant at Bison Ave.; Suite 2700. This area encompasses our reporting district (RD)
number 54 as well as part of Census Tract 626.18. This report reflects City of Newport Beach
crime data for calendar year 2004, which is the most current data available.
Calls for Service Information
City wide there was 60,468 calls for police services during this time, of which 592 were in RD
54. 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 5,889 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,508 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
3,381 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,314.74 per 100,000 people. The national Part One crime rate was 4,063.4* per
100,000 people.
Crimes
RD 54
Newport Beach
California*
National*
Part 1
32
2,508
1,420,637
11,816,782
Part 2
19
3,381
N/A
N/A
Part 1Crime Rate
2,700.42
3,314.74
4,003.5
4,063.4
The number of active ABC licenses in this RD is 3 **
Per capita ratio 1 license for every 395 residents.
This reporting district had a total of 58 reported crimes as compared to a City wide reporting
district average of 153 reported crimes. This reporting district is 95 crimes or 62.08% below
the City wide reporting district average. This location is not within an area where the
number of crimes is at least 75% higher than the average of all reporting districts in the City
as outlined in the City Council "K -7" policy. This location is not within an RD that is over
the Orange County per capita average of ABC licenses * *.
Arrest Information
There were 6 DUI arrests and 1 Plain Drunk arrest in this area during this same period as
compared to 1,238 for the entire city. This RD amounts to .57% 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 54 Newport Beach
(DUUDrunk) 7 1,238
All Arrests 18 3,550
California*
N/A
1,157,151
National*
N/A
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 51 and RD 36
Crimes
RD 51
RD 36
Part 1
52
105
Part 2
19
54
Crime Rate
1,306.86
2,400.55
Arrests (DUI/Drank)
6
22
All Arrests
30
78
Calls For Service
1,132
2,070
Number of active ABC licenses
0 **
8 **
Per capita ratiol license for every
N /A **
547** 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 80,800.
*These numbers are from the 2003 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
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PARKING STUDY for EDDIE V'S WILDFISH RESTAURANT
Provided On -Site:
Required by code:
474 parking spaces
453 parking spaces
RECEIVED BY
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
MAY 0 5 2005
AM PM
7181911011111211 1213141516
Pursuant to the request of the City Traffic Engineering Department, the following study
was conducted.
The numbers provided reflect emntv/vacant.parking spaces on -site.
Time of Survey
Tuesday
Thursday
Friday
Saturday
4112/05
4/14/05
(3/25/05
3/26/05
5:00 PM
245
237
252
240
6:00 PM
218
173
90
212
7:00 PM
196
188
170
192
8:00 PM
205
249
229
219
9:00 PM
312
317
246
234
Average number of
empty /vacant
235.2
232.8
197.4
219.4
parking spaces
available from 5 PM
to 9 PM
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