Loading...
HomeMy WebLinkAboutHamburger Marys Bar & Grill (PA2005-087) 4221 Dolphin Striker WayCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 July 7, 2005 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner runa(ftity. newport- beach.ca. us (949) 644 -3208 SUBJECT: Hamburger Mary's Bar and Grille Use Permit No. 2005 -018 (PA2005 -087) 4221 Dolphin Striker Way APPLICANT: Hamburger Mary's Bar and Grille REQUEST The applicant requests approval of an amendment to an existing Use Permit to allow an existing restaurant to have live entertainment and dancing. RECOMMENDATION Staff recommends that the Planning Commission approve Use Permit No. 2005 -018, to allow Hamburger Mary's Bar and Grille to have live entertainment and dancing in conjunction with their restaurant operation. DISCUSSION Background The subject property was originally developed as El Torito Restaurant in 1973, prior to the need to obtain a use permit. In 1985, the Planning Commission considered and approved Use Permit No. 3162, as use permits were then required for restaurants, to allow the use of an open courtyard area for dining and drinking purposes (Exhibit 2). Hamburger Mary's Bar and Grille (PA2005 -087) July 7, 2005 Page 2 of 7 VICINITY MAP 4221 Dolphin Striker Way Use Permit No. 2005 -018 PA2005 -087 Current Development: Former Trophy's Sport Bar To the north: Classic Q Billiards To the east: MacArthur Blvd. /Office Developments To the south: Office Developments To the west: Office Developments Hamburger Marys Bar and Grille (PA2005 -087) July 7, 2005 Page 3of7 El Torito Restaurant had at that time a Type "47" On -Sale General Eating Place license and 2 strolling musicians for entertainment with no stage or amplified sound system. Additionally, the approved floor plan shows a piano bar located in the lounge area. These types of entertainment did not meet the definition of live entertainment pursuant to the Municipal Code and, therefore, did not require a live entertainment permit or a Use Permit approval by the City. Consequently, no live entertainment with amplified sound or dancing was ever requested and, therefore, was not authorized under the existing Use Permit. In 1994, the eating establishment had a change of ownership. Trophy's Sport Bar took over the establishment and the alcohol license. Several minor changes to the building exterior and interior were made including the conversion of the former courtyard dining area to a main bar and the enclosure of an interior dining area immediately east of the main bar area to create a separate lounge /bar area. The overall footprint of the establishment remained unchanged and the current permitted occupancy load is 299 persons. Since 1994, Trophy's Sport Bar has been operating under Use Permit No. 3162 without providing live entertainment or dancing. In checking with the Police Department and the Department of Alcoholic Beverage Control, it was revealed that the current ABC license for Trophy's Sport Bar has several operating conditions placed by the Department of Alcoholic Beverage Control. One of the conditions specified that there will be no amplified music or dancing allowed on the premises. Site /Proiect Overview The subject property is located on the westerly side of MacArthur Boulevard, between Martingale Way and Newport Place Drive. An irregularly- shaped lot, the property is approximately 1.107 acres in size and is improved with a 7,996 square foot single -story commercial building. The existing building is situated at the southeast corner of the property, adjacent to MacArthur Boulevard. The site is one of three restaurant sites that have a common parking area. Analysis The provision of dancing and live entertainment requested by the applicant. is a major change in operational characteristics requiring a Use Permit or an amendment to an existing Use Permit, according to Section 20.82.060.A.2 of the Municipal Code. General Plan The site is designated as Administrative, Professional & Financial Commercial by the General Plan Land Use Element. Eating and drinking establishments are permitted uses in the Administrative, Professional and Financial Commercial land use designation. i Hamburger Marys Bar and Grille (PA2005 -087) July 7, 2005 Page 4 of 7 Zoning The subject property has a zoning designation of PC -11 (Newport Place Planned Community). The existing restaurant facility is permitted within the planned community as the site is located within Restaurant Site No. 1. The Newport Place Planned Community text regulations do not address live entertainment or dancing specifically. Staff believes that as long as these activities remain accessory to the primary use of the site as a restaurant, live entertainment and dancing can be considered as permitted activities provided the operator obtains Live Entertainment and Cafe Dancing Permits in accordance with Title 5 of the Municipal Code. Proposed Restaurant Operation Hamburger Mary's Bar and Grille has eleven (11) franchised restaurants throughout the country, according to the applicant. All restaurants have casual a dining theme and utilize the same menu with alcoholic beverages and live entertainment and dancing (see Exhibit 4). The Newport Beach location will be a corporately -owned restaurant and serve as the training center for other franchise operations. The restaurant will be open seven days a week. The proposed hours of operation are from 11:00 a.m. to 2:00 a.m. The number of employees during peak hours will vary between 40-45 persons. The 7,996 square foot restaurant has a Net Public Area (NPA) of approximately 4,162 square feet, which includes the dining areas, bar and lounge areas, the waiting area, and a proposed 330 square -foot outdoor smoking patio. The remaining floor area of 3,834 square feet is devoted to accessory uses (kitchenlstorage /office /restroom). The overall net public area for Hamburger Mary's Bar and Grille will remain the same as the previous restaurant. The current posted occupancy level issued by the Building Department on May 26, 1995 for Trophy's Sport Bar is 299 persons (160 persons in the general dining areas, 28 persons in the private lounge /bar area, 87 persons in the main bar area and 24 persons in the waiting area). This calculation does not include the restaurant's employees. The applicant is proposing minor changes to the interior of the building. These changes include: the removal of the private lounge/bar area to create a stage and a dance floor with a small dressing room; the addition of new wood flooring around the bar area and the dance floor, the replacement of dining booths; the installation of new lighting and colorful posters throughout the interior; and the installation of large plasma TV screens around the bar area. The proposed occupancy level after the renovation will be 265 persons, a reduction of 34 persons from the previous restaurant. IN Hamburger Mary's Bar and Grille (PA2005 -087) July 7, 2005 Page 5 of 7 Live Entertainment and Dancing In addition to the background music provided during lunch, the applicant is proposing to have a disc jockey provide background music until 9:00 p.m. After this hour, Thursdays through Sundays, the. disc jockey will provide music for dancing. No cover charge will be required for dancing and, therefore, this activity will require a Cafe Dancing permit issued by the City Manager office. It should be noted that when a cover charge for entry to the establishment is required, the Municipal Code would define the activity as a dance hall per Title 5 of the Municipal Code. This use is classified as a commercial recreational use by Title 20 of the Municipal Code and is associated with nightclubs. In order to discourage a future operator from operating a nightclub, staff suggests prohibiting cover charges. Live entertainment is also proposed during the evening hours. Live entertainment will include a singer with an accompanying pianist; a live comic (from HBO or local talent); cabaret acts such as karaoke or talent shows; and charity bingo with a local TV star calling the numbers; and similar acts. A Live Entertainment permit approved by the City Manager's office will be required. Parking Use Permit No. 3162 established the off - street parking requirement for the restaurant use of one parking space for each 40 square feet of "net public area ". According to these criteria, the restaurant must provide a minimum of 105 spaces (4,162/40): 89 on- site and 16 off -site. At the present time, the site has a total of 89 parking spaces. These spaces are also a part of a parking pool to be shared with the adjacent properties (Classis Q Billiards and the former Mermaids). The 16 off -site parking spaces located on the 5�h floor of the US Bank's parking structure, at 1500 Dove Street and 4141 MacArthur Boulevard, are still in place for the restaurant use through the recordation of a parking agreement (Exhibit 5). These off -site parking spaces will be used by the employees. As the applicant is not proposing to increase the over all net public area and there is a decrease in the occupancy load, staff believes that the existing parking ratio and off -site parking arrangement is adequate to accommodate the existing restaurant and its ancillary activities. Newport Beach Police Department Concerns The Newport Beach Police Department provided staff with a comprehensive report, which is attached to this staff report as Exhibit 3. In the report, the Police Department cites the addition of live entertainment and dancing, based on their experiences with other similar establishments, increases the consumption of alcohol by patrons and inherently increases the probability of an increase in alcohol related calls for service. i Hamburger Mary's Bar and Grille (PA2005 -087) July 7, 2005 Page 6 of 7 The volume of these types of calls is often related to the quality of the operation conducted by the business operator. Use Permit 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. Staff believes that the findings above for approval can be met in that it is not likely that the operation will prove detrimental to the community should it comply with all the conditions of approval. The restaurant is located within the airport commercial area and staff believes the location of the site and the lack of residential uses in the vicinity makes this an acceptable location for the restaurant to have dancing and live entertainment as accessory activities to the restaurant. The surrounding land uses are dominated by commercial and professional offices. Restaurant uses with ancillary dancing and live entertainment can be expected to be found in this and similar locations and are complimentary to the commercial uses such as the Classic Q Billiard and planned Indian cuisine restaurant at the former Mermaids site. Potential increases in alcohol related crimes in the area and the concerns of the Police Department are cause for concern and caution. Adequate on -site security forces would reduce potential public nuisances. With the strict adherence to the proposed conditions of approval, the establishment should prove not to be a nuisance to the neighborhood. 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). There will be no significant environmental impact as the existing restaurant is I Hamburger Mary's Bar and Grille (PA2005 -087) July 7, 2005 Page 7 of 7 located in a fully developed area. The site is also devoid of any significant environmental resources and no new construction is proposed. 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. Alternative The Planning Commission may determine that the site is not suitable for live entertainment and dancing as proposed and deny the application. Conclusion Within the attached resolution for approval, staff has incorporated applicable conditions from Use Permit No. 3162 (Condition Nos. 1 through 7). Staff has eliminated Condition No. 2 that has been previously complied with and minor alterations have been made to ensure long term enforcement. Conditions Nos. 7 through 41 are new conditions suggested by staff to ensure compatibility of the proposed uses and to avoid potential future nuisance issues. Prepared by: R salinh Ung, Aso ' to Planner Exhibits Submitted by: J� d. Patricia L. Temple, PI nning Director 1. Draft Resolution No. 2005 -_; findings and conditions of approval 2. Staff Report and Excerpt of Minutes of Use Permit No. 3162 3. Police Department Report 4. Restaurant Menu 5. Existing Off - Street Parking Agreement 6. Project Plans 0 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2005 -018 FOR PROPERTY LOCATED AT 4221 DOLPHIN STRIKER WAY (PA2005 -087) WHEREAS, an application was filed by Hamburger Mary's Bar and Grille with respect to property located at 4221 Dolphin Striker Way, legally described as Parcel 1 of Parcel Map No. 45 -23, requesting approval of an amendment to Use Permit No. 3162 to allow the existing restaurant to have live entertainment and dancing. WHEREAS, the subject property was originally developed as a restaurant in 1973 prior to the need to obtain a use permit. In 1985, Use Permit No. 3162 was approved to allow an expansion to the existing restaurant. WHEREAS, an amendment to Use Permit No. 3162 is required pursuant to Section 20.82.060 (Changes in Operational Characteristics) of the Municipal Code since the applicant proposes to add live entertainment performing with amplified sound and dancing at the premises. WHEREAS, a public hearing was held on July 7, 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 Administrative, Professional & Financial Commercial by the General Plan Land Use Element and is zoned PC District 11 (Newport Place Planned Community District). Eating and drinking establishments with live entertainment and dancing as accessory activities are conditionally permitted uses. WHEREAS, the location of the existing eating and drinking establishment requiring this Use Permit for live entertainment and dancing, 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 11 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 existing restaurant is located within the airport commercial area and surrounding land uses are dominated by commercial and professional offices. Restaurant uses with dancing and live entertainment can be expected to be found in this and similar locations and are complimentary to the commercial uses. 2. The restaurant site is not located in close proximity to residential districts; 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. City of Newport Beach Planning Commission Resolution No. _ Page 2 of 7 3. The restaurant with the accessory live entertainment and dancing has been conditioned to require strict adherence to safety, parking and noise regulations. WHEREAS, the project qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities) that allows the operation and alteration of existing facilities with no expansion of use. The addition of live entertainment and dancing with the remodeling of the existing restaurant meets this criteria. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2005 -018, subject to the Conditions set forth in Exhibit "A." Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY 2005. 1W , Chairman Secretary AYES: 1-a City of Newport Beach Planning Commission Resolution No. _ Page 3 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2005-018 1. The restaurant operation shall be in substantial conformance with the approved plot plan and floor plan, dated received June 3, 2005. 2. A minimum of one parking space for each 40 square feet of "net public area" shall be provided for the subject restaurant. 3. A minimum of 16 off -site parking spaces shall be provided on property described as Parcel No. 1 of Parcel Map 83 -705, located at 1500 Dove Street and 4141 MacArthur Boulevard. Said parking spaces shall be provided for the duration of the restaurant use. 4. The applicant shall maintain the recorded covenant against the property comprising the approved off - street parking location, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to provide a minimum of 16 parking spaces for the subject restaurant. This covenant shall continue in effect until such time as the restaurant has been discontinued or suitable replacement parking is provided at a location acceptable to the Planning Commission. 5. The restaurant employees shall be required to use the 16 off -site parking spaces. 6. 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. 7. Use Permit No. 2005 -018 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 8. Hours of operation shall be confined to 11:00 a.m. to 2:00 a.m., seven days a week. 9. Prior to the commencement of live entertainment activity, the applicant shall obtain a Live Entertainment Permit from the City Manager Office. No audible paging system shall be allowed outside the building. 10. There shall be no amplified music allowed in the proposed smoking patio at any time. 11. An employee of the restaurant or a hired security guard shall be present in the smoking patio at all times that alcoholic beverages are being served or consumed on the smoking patio. 13 City of Newport Beach Planning Commission Resolution No. _ Paae , of 7 12. 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. 13. Prior to the commencement of patron dancing, the applicant shall obtain a Cafe Dance Permit from the City Manager Office. Dancing shall be limited from 9:00 p.m. to 2:00 a.m., Thursday through Sunday. 14. 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. 15. This Use Permit shall be terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the Califomia Department of Alcoholic Beverage Control. 16. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 17. A grease interceptor of adequate size shall be required in association with food preparation activities. 18. 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. 19. 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. 20. The approval of this Use Permit does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub. 21. Strict adherence to maximum occupancy limits of is required. Prior to the final building permits, the location of maximum occupancy postings in sections of the building and smoking patio shall be inspected and approved by the Building Department or Fire Department to ensure the location is readily visible to employees, patrons and public safety personnel. 22. The placement and use of the skill games (pool tables or other amusement devices) shall be in accordance with the provisions of Chapter 5.34 of the Municipal Code and the appropriate permit shall be obtained from the Revenue Division. The restaurant shall be limited to a maximum of 6 skill games and one jukebox, as defined by Chapter 5.34 of the Municipal Code. 1A City of Newport Beach Planning Commission Resolution No. _ Paoe 5 of 7 23. 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. 24. Alcoholic beverage consumption shall only be permitted within the licensed premises which include the indoor dining and smoking patio areas. 25. 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. 26. 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. 27. 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. 28. 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 15 Between the hours of Between the hours of 7:OOAM and 10:OOPM and 10:00PM 7:OOAM Location Interior Exterior Interior I Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 5OdBA property Mixed Use Property 45dBA 6OdBA 45dBA 50dBA Commercial Property NIA 65dBA I N/A 60dBA 24. Alcoholic beverage consumption shall only be permitted within the licensed premises which include the indoor dining and smoking patio areas. 25. 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. 26. 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. 27. 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. 28. 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 15 City of Newport Beach Planning Commission Resolution No. _ Page 6 of 7 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. 29. 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 sale 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. 30. 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. 31. 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. 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. All deliveries shall be made on -site. 34. 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). 35 All trash shall be stored within the building or within dumpsters stored within a 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. 36. Prior to the issuance of the certificate of occupancy, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. 1`P City of Newport Beach Planning Commission Resolution No. _ Page 7 of 7 37. Upon completion of private improvement work, any existing public improvements surrounding the development site damaged by the private work shall be reconstructed to the satisfaction of the City Engineer. The extent of such remedial work which could include sidewalk, curb and gutter, driveway approaches, street pavement, etc. shall be made at the discretion of the Public Works Department. 38. All existing weep holes along the westerly planter curb shall be plugged. 39. Provisions shall be made for retaining on -site non -storm runoff on -site. Due to the she's irregular configuration and to take advantage of increased economy, the applicant may want to arrange with the neighboring property owners to implement the required drainage provisions. 40. The west exit door shall swing outward and have panic hardware. 41. The outdoor smoking patio shall have an exit gate with panic hardware. 11 EXHIBIT 2 STAFF REPORT & EXCERPT MINUTES OF USE PERMIT NO. 3162 ►y r ' Planning Commission Meeting October 24, 1985 Agenda Item No. 1 CITY OF NEWPORT BEACH T0: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3162 (Continued Public Hearing) Request to permit the expansion of the existing E1 Torito Restaurant located in the Newport Place Planned Community so as to allow the use of an existing open courtyard for dining and drinking purposes. The proposal also includes a request to allow the addi- tional required off - street parking spaces to be provi- ded on an adjoining office building site under the same ownership as the restaurant site. LOCATION: Parcel 1 of Parcel Map 45 -23 (Resubdivision No. 347), located at 4221 Dolphin- Striker Way, westerly of MacArthur Boulevard, between Martingale Way and Newport Place Drive in Newport Place. ZONE: P -C APPLICANT: Stuart Ketchum, Los Angeles OWNER: same as applicant Application This application involves a request to expand the existing E1 Torito Restaurant located in the Newport Place Community so as to allow the use of an existing open courtyard for dining and drinking purposes. The proposal also includes a request to allow the additional required off- street parking spaces to be provided on an adjoining office building site under the same ownership as the restaurant site. In accordance with Section 20.83.020 of the Newport Beach Municipal Code, changes in the operational characteristics of an existing restaurant require the approval of a use permit. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code. Recent Background This application was first scheduled for consideration by the Planning Commission in August of this year. However, because the applicant was involved in negotiations which included the possible future sale of the El Torito Restaurant site, as well as the adjoining property which 1� T0: P1..,, ing Commission -2. he intended to use for off -site parking, the applicant had requested several continuances inasmuch such a sale had the potential of signif- icantly affecting the off-site parking proposal included with the use permit application. As will be discussed later in the staff report, the applicant has agreed to record a covenant against the off -site parking location which will ensure the continued availability of parking should the property be sold at any future time. Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirements of the California Environmental Quality Act. Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Administrative, Professional and Financial Commercial" uses. The existing restaurant facility falls within the permitted related uses for said designation. The Planned Community Development Standards for "Newport Place" also permit a restaurant facility on the property in question. Subject Property and Surrounding Land Uses The subject property is presently developed with an existing restau- rant and 89 related off- street parking spaces. To the north is the Blackbeard's Restaurant and the Domino McFly Restaurant sites with related off - street parking spaces; to the east, across MacArthur Boulevard is an office building; to the south and west is the existing Continental Plaza office building site and related parking area. Extended Background The subject property was originally developed with the existing restaurant in 1973, prior to the establishment of the use permit requirement for restaurants; therefore, the, subject restaurant is a nonconforming use. In accordance with Section 20.83.020 of the Municipal Code, nonconforming uses may be enlarged, provided that the use is permitted by the regulations. specified for the district in which it is located, and that in each case a use permit is first obtained. At the time the restaurant was established, the open courtyard was not included as part of the .dining area. However, in 1981, the applicant began using the patio area for dining purposes without knowing that such an expansion required the Planning Com- mission's approval of a use permit. It should be noted that the applicant did obtain the approval of the Fire Department for said expansion; however, the Planning Department did not become aware of it until April of this year at which time the applicant was informed of the violation. ` `)1� TO: Plae...ing Commission -3. 1 Analysis The applicant is now requesting approval to use the open courtyard for dining and drinking purposes. Said courtyard includes approximately 680± sq.ft. and will increase the overall "net public area" of the restaurant from 3,483± sq.ft. to 4,163± sq.ft. (19.5 percent inc- rease). The existing restaurant is currently open from 11:00 a.m. to 1:00 a.m. Monday through Saturday and 10:00 a.m, to 12:00 midnight on `Sunday. During peak hours of operation there are approximately 30 employees on duty. Live entertainment, which includes two musicians who meander through the restaurant, is currently provided on Sundays. Off - Street Parking Requirement when the subject restaurant was first established, the off-street parking requirement for restaurants was based on one parking space for each three occupants. Based on Building Department records, the original occupancy of the restaurant was 214 persons which required 72 parking spaces (214 - 3 = 71.3 or 72 spaces). I£ the restaurant were established today, (not including the courtyard), the current restau- rant parking requirement of one parking space for each 40 sq.ft. of "net public area" would require 88 parking spaces (3,483± s 40 sq.ft. = 87.07 or 88 spaces), Inasmuch as the subject restaurant conforms to the current restaurant parking requirement of one parking space for each 40 sq.ft. of "net public area ",, any further expansion of the restaurant's "net public area" as well as the existing "net public area" shall be subject to the current restaurant parking formula. As indicated previously, the proposed use bf the open courtyard for dining and drinking purposes will increase the "net public area" to 4,163± sq.ft. Based on one parking space for each 40 sq.ft. of "net public area ", 105 parking spaces will be required for the restaurant (figures shown on attached plot plan are incorrect). It should also be noted that the Code also provides that the restau- rant parking requirement may vary between one parking space /50 sq.ft. of "net public area" (or 84 spaces) to one parking space /30 sq.ft. of "net public area" (or 139 spaces) , depending upon the operational characteristics of the restaurant. It is staff's opinion that one parking space for each 40 sq.ft. (105 spaces) is adequate for the subject restaurant. Proposed Off- Street Parking As shown on the attached plot plan, there are 89 parking spaces presently located on the subject property. Said parking is entirely on -site although it is part of a large common parking lot containing 238 parking spaces which are controlled and operated under a recipro- cal parking agreement. In accordance with said agreement, the subject restaurant along with Domino McFly's and Blackbeard's, have common access and use of all 238 parking spaces. The applicant proposes to provide the remaining 16 parking spaces on an adjoining office build- ing site which he also owns. No formal off -site parking agreement is necessary because of the common ownership. �1 TO: P.. ing Commission -4. The proposed off -site parking location is part of a common parking area shared by the Bank of America and the Continental Plaza office complex within the block bounded by MacArthur. Boulevard, Dove Street, Newport Place and Dolphin- Striker Way (excluding the extreme north- easterly corner of Dove Street and Newport Place). Said parking area currently maintains 22 excess parking spaces which could be used by the subject restaurant. Status of Off-Site Parking Location As indicated previously, the applicant is currently involved in negotiations which could result in the future sale of both the off - site parking location as well as the E1 Torito Restaurant site. Should negotiations fail, the applicant is ready to begin construction of a new office building and parking structure on a portion of the off -site parking location which would eliminate the existing 22 excess parking spaces for a period of six months. At the end of the initial six months of construction, when the basement,. ground and second levels of the new parking structure are complete, a total of 434 parking spaces will be provided -which will provide a temporary parking excess of 45 spaces. when the project is complete (approximately one year of construction), there will be a total of 709 parking spaces on the entire property. Based on an office parking requirement of one parking space for each 225 sq.ft. of floor area (required by Newport Place Planned Community), 687 parking spaces will be required for the combined development. This again will result in 22 excess parking space for the total development. Although staff has no objections to the proposed use of the off -site parking in this case, there is some concern regarding the effect that the future sale and /or development of the site will have on the continued availability of the additional restaurant parking spaces. For this reason, the applicant has agreed to record a covenant against the property constituting the off -site parking location so as to ensure that a minimum of 16 parking spaces will be provided on said property for the duration of the restaurant's use of the patio dining area. Said covenant will also include language requiring the pro- vision of suitable replacement parking, at a location acceptable to the Planning Commission should the off -site parking location no longer be available for the restaurant's use. However, if such off -site parking is lost for an interim period only, due to new construction on -site, suitable interim parking may be approved by the City Traffic Engineer. Specific Findings and Recommendation Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of W v TO: Plat. .'ng Commission -5. such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff recommends approval of Use Permit No. 3162, and suggests that the Planning Commission take such action subject to the Findings and Conditions of approval set forth in the attached Exhibit "A ". PLANNING DEPARTMENT JAMES D. HEWICKER, Director By d W. William Ward Senior Planner WWW :la UP32 Attachments: Exhibit "A" Vicinity Map Letter from Applicant Plot plan and floor plan d+3 TO: P10--ring Commission -6. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3162 FINDINGS: 1. That the existing restaurant use is consistent with the Land Use Element of the General Plan and with the Planned Community Development standards for "Newport Place." 2. That adequate parking will be provided for the proposed addition to,the restaurant. 3. That the proposed off -site parking is located to as to be useful in connection with the proposed restaurant operation. 4. That the Police Department has no objections to the proposed expansion. 5. The approval of Use Permit No. 3162 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the restaurant operation shall be in substan- tial conformance with the approved plot plan and floor plan, except as noted below. 2. That a sidewalk be provided between the existing and proposed parking areas and that the pedestrian and vehicular circulation systems be subject to further review and approval by the City Traffic Engineer. 3. That a minimum of one parking space for each 40 sq.ft. of "net public area" shall be provided for the subject restaurant. 4. That a minimum of 16 off -site parking spaces shall be provided on property described as Parcel No. 1 Parcel Map 83 -705, located at 1500 Dove Street and 4141 MacArthur Boulevard. Said parking spaces shall be provided for the duration of the restau- rant's use of the courtyard dining area. dA TO: Pla._.Ang Commission -7. 5. That the applicant shall record a covenant against the property comprising the approved off -site parking location, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to provide a minimum of 16 parking spaces for the subject restaurant. This covenant shall continue in effect until such time as the restaurant discontinues the use of the courtyard dining area or suitable replacement parking is provided at a location acceptable to the Planning Commission. However, if such off -site parking is lost for an interim period only, due to new construction on -site, suitable interim parking may be approved by the City Traffic Engineer. 6. That the restaurant employees shall be required to use the 16 off -site parking spaces. 7. That 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. . 75 / N R K 1 I 1 r. ra 'r, �I mAw P-C 99A CALIFORNIA 11.4 -9 COMMIS f11°. alA ��Q L5t �FM IT NO* 3162 r i i n u 11 1 N r Rcaue .31D ° I 1 y N a rC I L'02�NrN�QN s 'RF- 5TA VR SITE y , P-c 4 p R I—BavE apt sp - as '0 72ACI Uu. 1394. �� I P-C IOT -------------- - ADD1TIONAL PA IAl ° �c � 6 rtGV. a.m.72 4 I Qy D I STR I CT I N G MAP NEWPORT BEACH 11.1 M111<LLTYIIY N210EN114 11 —. NN.TNL[ IIEtOEMILIL II -1 mmoU I . 11Ft1wwN C -1 LOW M .EIICILL —a MTR1 Yl .KE "U IfwC lft N.1 NWYEFCfINIM° ^11 P-C 99A CALIFORNIA 11.4 -9 COMMIS f11°. alA ��Q L5t �FM IT NO* 3162 r i Motion .Ayes x F C o f so iC M'.am a m o m r r _M = 9=T x Ix 1I1 LAR PLANNING COMMISSION MEETING } PLACE: City Council Chambers TIME: 7 :30 P.M. DATE: October 24, 1985 ity of Newport Beach " EX-OFFrWO MEMBERS PRESENT: James D. Hew%eer, Planning Director Carol Korade, All,istant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Pla ing Administrator Donald Webb, City Engineer . Dee Edwards, Secretary Minutes of October 10, 1985 Motion was made for approval of the October 10, Planning Commission Minutes, as amended. Motion on, MOTION CARRIED. Use Permit No. 3162 (Continued Public Hearing) Request to permit the expansion of the existing E1 Torito Restaurant located in the Newport Place Planned Community so as to allow the use of an existing open courtyard for dining and drinking purposes. The proposal also includes a request to allow the addi- tional required off- street parking spaces to be provi- ded on an adjoining office building site under the same ownership as the restaurant site. LOCATION: Parcel 1 of Parcel Map 45 -23 (Resub- division No. 347), located at .4221 Dolphin- Striker Way, westerly of Mac- Arthur Boulevard, between Martingale Way and Newport Place Drive in Newport Place. ZONE: P -C APPLICANT: Stuart Ketchum, Los Angeles OWNER: Same as applicant -1- MINUTES INDEX Minutes of 10 -10 -85 Item No.I UP3162 Approved Condition- ally, �^ COMMISSIONERS O' ber 24, 1985 c o = " v m zc m ym z City a s = s i w m f City of Nei The public hearing was opened in connection with this item, and Mr. Patrick O'Daly, representing the applicant, appeared before the Planning Commission. Mr. O'Daly stated that the applicant concurs with the findings and conditions of approval in Exhibit "A ". Motion x The public hearing was closed at this time. Motion was Ayes 2 X x x x x x made to approve Use Permit No. 3162, subject to the findings and conditions of approval in Exhibit "A ". Motion voted on, MOTION CARRIED. FINDINGS: I. That the existing restaurant use is consistent with the Land Use Element of the General Plan and with the Planned Community Development Standards for "Newport Place." 2. That adequate parking will be provided for the proposed addition to the restaurant. 3. That the proposed off -site parking is located so as to be useful in connection with the proposed restaurant operation. 9. That the Police Department has no objections to the proposed expansion. 5. The approval of Use Permit No. 3162 will not, under the circumstances of this case be detri- mental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the restaurant operation shall be in substan- tial conformance with the approved plot plan and floor plan, except as noted below. 2. That a sidewalk be provided between the existing and proposed parking areas and that the pedestrian and vehicular circulation systems be subject to further review and approval by the City Traffic Engineer. -2- MINUTES a� xx co f a 9 Z c m p m m a a Z r m C = W m $ C i Z z 9 i 0, jber 24, 1985 M Beach f 3. That a minimum of one parking space for each 40 sq.ft. of "net public area" shall be provided for the subject restaurant. 4. That a minimum of 16 off -site parking spaces shall be provided on property described as Parcel No. 1 Parcel Map 83 -705, located.at.1500 Dove Street and 4141 MacArthur Boulevard. Said parking spaces shall be provided for the duration of the restau- rant's use of the courtyard dining area. MINUTES 5. That the applicant shall record a covenant against the property comprising the approved off -site parking location, the form and content of which is acceptable to the City Attorney, binding the applicant and its successors in interest in perpetuity, to provide a minimum of 16 parking spaces for the subject restaurant. This "covenant shall continue in effect until such time as the restaurant discontinues the use of the courtyard dining area or suitable, replacement parking is provided at a location acceptable to the Planning Commission. However, if such off -site parking is lost for an interim period only, due to new construction on -site, suitable interim parking may be approved by the City Traffic Engineer. 6. That the restaurant employees shall be required to use the 16 off -site parking spaces.. 7. That 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. ..,,.,__,,...,�,..... -...,� .,.,= -z: ...�..�� ......._- ..�...�_.,,._ _ - Item No.2 Request mend a previously approved... modification Mod.No.904 application.w ermitted the construction of buiI- (Amended) dings that encroach t hin 5 feet of a rear property line, and related off -str arking and .landscape planter areas that encroach to th property lines Approved on both sides of an existing 30 foot wic ey (where condition - the ordinance requires a minimum 10 foot re rd ally -3- EXHIBIT 3 POLICE DEPARTMENT REPORT p City of Newport Beach Police Department May 11, 2005 TO: Rosalinh Ung, Staff Planner FROM: CSO Susan Seviane SUBJECT: Hamburger Mary's Bar & Grille 4221 Dolphin Striker Way At your request, our office has reviewed the project request for Hamburger Mary's Bar & Grill, (formerly Trophy's) located at 4221 Dolphin Striker Way, Newport Beach. The applicant requests to amend Use Permit No. UP2005 -018. The existing permit does not allow live entertainment and dancing on the premise. The new applicant is requesting to allow live entertainment and dancing and add an outdoor smoking patio (15 "6" x 227) without food service. The proposed location of the patio is on the northeast corner of the building, bordered by the parking lot and MacArthur Boulevard. Minor improvements and alterations are proposed for the interior; however, the applicant is not proposing an increase in the size of the bar or the occupancy. The license type for this location is a Type 47, which requires food service during the entire time the location is open for business and serving alcoholic beverages. Adding live entertainment and dancing (based upon our experiences with other similar establishments), increases the consumption of alcohol by patrons and inherently increases the probability of an increase in alcohol related calls for service, including disputes, fights, and incidents of driving under the influence. The volume of these types of calls is often related to the quality of the operation conducted by the applicant. Mr. Stan Sax, owner and operator for this location stated this location would operate as the corporate restaurant and training center for other franchise operations. ,I Hamburger Mary's (UP2005 -018) Page 2 of 4 We have included a report prepared for reference by Police Department Crime Analyst Paul Salenko in support of our concerns, that provides detailed statistical information related to calls for service in and around the applicant's place of business. ,Applicant History: Hamburger Mary's Bar & Grill has 12 existing franchises in the United States. Various types of entertainment presented at the franchised restaurants consist of a singer with a pianist, live comics, cabaret acts such as karaoke or talent shows and charity bingo with a local TV star calling the numbers. This location will be owned and operated by the franchisor. Signs and Displays: 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. Hours of Operation: The applicant requests the hours for the outdoor patio 9:00 a.m. to 2:00 a.m. daily. Prevee til a Design: We recommend appropriate mitigation measures to control patio noise and if approved recommend the closing hour for the outdoor patio to be 1:00 a.m. Additionally, ABC will require some type of fence and signage to delineate any patio areas approved for the consumption of alcoholic beverages. ri Require the applicant to develop an approved security plan designed to ensure compliance with applicable state and local laws, and the conditions of the ABC license, the use permit, and other such permits issued by the City. Employes 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 alcohol beverages. Additional Comments: For the purposes of this application, staff may want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit should be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. Examples of these types of events are those likely to attract large crowds, events Hamburger Mary's (UP2005 -018) Page 3 of 4 where an admission fee is charged, those that include any form of party or contract promoters and any other activities that are specified in the Newport Beach Municipal Code requiring such permits. If the proposed application is approved, the Police Department recommends the following conditions be considered for the Conditional Use Permit for the business: t. 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 an amended or new Use Permit. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 3. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner of his employees or representatives share in any profits, or pay any percent 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. 4. 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 issued by the City of Newport Beach 5. Require occupancy posting that would ensure employees, patrons and/or public safety personnel have the ability to readily determine the occupancy load. 6. Consider addressing requirements for activities requiring special event permits as Issued by the City and establishing a cap for the number of such permits issued during a calendar year. 7. That the placement and use of the skill games (pool tables or other amusement devices) shall be in accordance with the provisions of Chapter 5.34 of the Newport Beach Municipal Code and the appropriate permit shall be obtained from the Revenue Manager. Further, that the facility shall be limited to a maximum of six (6) skill games and one jukebox, as defined by Chapter 5.34 of the Newport Beach Municipal Code. 8. 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. 9. At all times when the premises is open for business, the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants. �3 Hamburger Mary's (UP2005 -018) Page 4 of 4 10.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. 11. The licensee(s) or an employee of the licensee(s) will be present in the patio at all times that alcoholic beverages are being served or consumed. 12. There shall be no amplified music on the patio at any time. If you may have any questions, please do not hesitate to contact me. Sincerely, Susan Seviane Vice and Intelligence Unit �4 City of Newport Beach Police Department Memorandum April 26, 2005 TO: Rosalinh Ung, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our offihe has reviewed police services data for the Hamburger Mary's Bar & Grille at 4221 Dolphin Striker Way. This area encompasses our reporting district (RD) number 34 as well as part of Census Tract 626.10. 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 2,596 were in RD 34. 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 34 Newport Beach California* National* Part 1 150 2,508 1,420,637 11,816,782 Part 2 88 3,381 N/A N/A Part 1Crime Rate 937,500.00 3,314.74 4,003.5 4,063.4 The number of active ABC licenses in this RD is 28 ** Per capita ratio 1 license for every 2 residents. This reporting district had a total of 266 reported crimes as compared to a City wide reporting district average of 153 reported crimes. This reporting district is 113 crimes or 73.921/6 above 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 within an RD that is over the Orange County per capita average of ABC licenses * *. Arrest Information There were 20 DUI arrests and 8 Plain Drunk arrest in this area during this same period as compared to 1,238 for the entire city. This RD amounts to 2.26% 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 34 Newport Beach California* National* (DUI/Drunk) 28 1,238 N/A N/A All Arrests 92 3,550 1,457,151 9,579,611 Additional Information tt The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. It must be noted that RD34 is almost exclusively commercial in nature. The two adjacent reporting districts you requested are RD 33 and RD 36. Crimes RD 33 RD 36 Part 1 64 105 Part 2 39 54 Crime Rate 16,494.85 2,400.55 Arrests (DUI/Drunk) 6 22 All Arrests 37 78 Calls For Service 1,205 2,222 Number of active ABC licenses 4 ** 8 ** Per capita ratiol license for every 388 ** 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 l 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 Y° RECEIVED BY PLANNING DEPARTMENT GREGG RAMIREZ CITY OF NEWPORT BEACH PLANNING DEPARTMENT CITY OF NEWPORT BEACH APR 14 2005 3300 NEwPoRT BLvD. 71819110111112111213141516 NEWPORT BEACH, CA 9265&6915 RE: 4221 DOLPHIN STRIKER WAY UP# 3162 TO WHOM IT MAY CONCERN: IN COMPLIANCE WITH SECTION B, WE ARE SUBMITTING THIS INFORMATION: APRIL 11, 2005 HAMBURGER MARY SO BAR & GRILLE OPERATES 11 (FRANCHISED) RESTAURANTS ACROSS THE U.S. (wNMV.HAMBURGERMARYS.NEI LISTS OUR OTHER LOCATIONS). NEWPORT BEACH WILL BE OUR FLAGSHIP (CORPORATELY OWNED) RESTAURANT AND TRAINING CENTER. WE WISH TO SET A PRIME EXAMPLE FOR NEW FRANCHISEES AND EXISITNG OWNERS AFTER 32 YEARS OF OPERATIONS. ALL FRANCHISED RESTAURANTS UTILIZE THE SAME MENU AND OFFER ALCOHOL AT THEIR BARS. AS FOOD IS 65% OF OUR SALES, WE MAINTAIN AN ELEVATED STANDARD WITH KITCHEN PREPARATIONS FOR OUR MEALS. IN THIS HIGHLY COMPETITIVE MARKET IT IS ESSENTIAL THAT THE BAR BUSINESS IS OF THE SAME INCREASED QUALITY. OUR MEALS ARE FAIRLY PRICED (MOST ARE UNDER $10.00). TO REMAIN COMPETITIVE, IT IS ESSENTIAL THAT ALL OUR STORES (ESPECIALLY NEWPORT BEACH) OFFER LIVE ENTERTAINMENT AND DANCING AT NIGHT (AS DOES CLUB WMOSEN'SITENTATION IN THIS NEIGHBORHOOD). THE INTERIOR WILL BE BROUGHT UP TO DATE WITH NEW WOOD FLOORING AROUND THE BAR AND FOR THE DANCE FLOOR. WALLS WILL BE PAINTED IN SOFT TONES WITH COLORFUL POSTERS AND NEW LIGHTING INSTALLED THROUGHOUT. THERE WILL BE A LOUNGE AREA FURNISHED WITH CASUAL STYLE SEATING. NEW DINING BOOTHS WILL OFFER GUESTS A FEELING OF WARMTH AND PRIVACY. LARGE PLASMA TV SCREENS WILL BE INSTALLED AROUND THE BAR AREA. BACKGROUND MUSIC WILL BE PROGRAMED DURNING LUNCH WITH A LIVE DJ SETTING THE DINNER MOOD AND CONTROLLING THE MUSIC FOR DANCING AFTER 9 PM. ENTERTAINMENT WILL BE OFFERED TO ENCOURAGE MARY'S GUESTS TO STAY AFTER DINNER TO ENJOY A SINGER, PLAY BINGO FOR A CHARITY, TO PARTICIPATE IN KARAOKE OR TO BE ENTERTAINED BY A COMEDIAN. THIS WILL BE (AS OUR SLOGAN STATES) A PLACE TO "EAT, DRINK AND SE .. ,MARY 1" HAMBURGER MARY'S INTERNATIONAL, LLC P.O. BOX 456 • CORONA DEL MAR, CA 92625 (9491 729$000 • FAX (9&Q� 575 -9979 2 HAMBURGERMARYgidrK,$44T J 1 RECEIVED BY PLANNING DEPARTMENT GREGG RAMIREZ CITY OF NEWPORT BEACH PLANNING DEPARTMENT CITY OF NEWPORT BEACH APR 14 2005 3300 NEwPoRT BLvD. 71819110111112111213141516 NEWPORT BEACH, CA 9265&6915 RE: 4221 DOLPHIN STRIKER WAY UP# 3162 TO WHOM IT MAY CONCERN: IN COMPLIANCE WITH SECTION B, WE ARE SUBMITTING THIS INFORMATION: APRIL 11, 2005 HAMBURGER MARY SO BAR & GRILLE OPERATES 11 (FRANCHISED) RESTAURANTS ACROSS THE U.S. (wNMV.HAMBURGERMARYS.NEI LISTS OUR OTHER LOCATIONS). NEWPORT BEACH WILL BE OUR FLAGSHIP (CORPORATELY OWNED) RESTAURANT AND TRAINING CENTER. WE WISH TO SET A PRIME EXAMPLE FOR NEW FRANCHISEES AND EXISITNG OWNERS AFTER 32 YEARS OF OPERATIONS. ALL FRANCHISED RESTAURANTS UTILIZE THE SAME MENU AND OFFER ALCOHOL AT THEIR BARS. AS FOOD IS 65% OF OUR SALES, WE MAINTAIN AN ELEVATED STANDARD WITH KITCHEN PREPARATIONS FOR OUR MEALS. IN THIS HIGHLY COMPETITIVE MARKET IT IS ESSENTIAL THAT THE BAR BUSINESS IS OF THE SAME INCREASED QUALITY. OUR MEALS ARE FAIRLY PRICED (MOST ARE UNDER $10.00). TO REMAIN COMPETITIVE, IT IS ESSENTIAL THAT ALL OUR STORES (ESPECIALLY NEWPORT BEACH) OFFER LIVE ENTERTAINMENT AND DANCING AT NIGHT (AS DOES CLUB WMOSEN'SITENTATION IN THIS NEIGHBORHOOD). THE INTERIOR WILL BE BROUGHT UP TO DATE WITH NEW WOOD FLOORING AROUND THE BAR AND FOR THE DANCE FLOOR. WALLS WILL BE PAINTED IN SOFT TONES WITH COLORFUL POSTERS AND NEW LIGHTING INSTALLED THROUGHOUT. THERE WILL BE A LOUNGE AREA FURNISHED WITH CASUAL STYLE SEATING. NEW DINING BOOTHS WILL OFFER GUESTS A FEELING OF WARMTH AND PRIVACY. LARGE PLASMA TV SCREENS WILL BE INSTALLED AROUND THE BAR AREA. BACKGROUND MUSIC WILL BE PROGRAMED DURNING LUNCH WITH A LIVE DJ SETTING THE DINNER MOOD AND CONTROLLING THE MUSIC FOR DANCING AFTER 9 PM. ENTERTAINMENT WILL BE OFFERED TO ENCOURAGE MARY'S GUESTS TO STAY AFTER DINNER TO ENJOY A SINGER, PLAY BINGO FOR A CHARITY, TO PARTICIPATE IN KARAOKE OR TO BE ENTERTAINED BY A COMEDIAN. THIS WILL BE (AS OUR SLOGAN STATES) A PLACE TO "EAT, DRINK AND SE .. ,MARY 1" HAMBURGER MARY'S INTERNATIONAL, LLC P.O. BOX 456 • CORONA DEL MAR, CA 92625 (9491 729$000 • FAX (9&Q� 575 -9979 2 HAMBURGERMARYgidrK,$44T J Starters - Souper Salads I Tease Items - Sides - Beverages I Mary's Charbroiled Burgers I Mary's Sandwiches I little lambs & Deserts Copyright ®2004 Hamburger Marys® Int'I. All Rights Reserved ° Designed & Hosted By Imagineitmedis q6 St lit plate fincludesaa extri sloollishl VW i I# ralitifilationxi to ON ties Ot$ or More Starters - Souper Salads I Tease Items -Sides -Beverages I Mary's Charbroiled Burgers I Mary's Sandwiches I Little Lambs & Deserts Copyright 02004 Hamburger Marys® IM'I. All Rights Reserved' Designed & Hosted By Imagineitrnedla q3L- Starters - Souper Salads I Tease items - Sides - Beverages ( Mary's Charbroiled Burgers I Mary's Sandwiches I Lime Lambs & Deserts Copyright ® 2004 Hamburger Marys® Intl. All Rights Reserved' Designed & Hosted By imagineitmedia 145 EXHIBIT 5 EXISTING OFF - STREET PARKING AGREEMENT 0 86=149743 RmuuMo By WHEN RECORDED, RETURN TO: LATHAM & WATKINS 555 South Flower Street Las Angeles, CA 90071 -2466 Attu: J. K. Hachi.gi.an ' S19.A0 C6 � oFCw�� prounna ow,NM� `xw . ��oianu •3 94 PM APR 15 % COVENANT AND AGREEMENT REGARDING MAINTENANCE OF OFF- STREET PARKING SPACE AFFECTING PARCEL 1 OF PARCEL MAP FILED IN BOOR 45, PAGE 23 AND PARCEL 1 OF PARCEL MAP FILED IN BOOK 183 PAGES 14 THROUGH 15 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER, ORANGE COUNTY, CALIFORNIA zd WdS1:2T GOOF 0z '1dd 62_66S2,9 -666: 'ON XUA S,ANbW 2J39dnd4bH: WOW 45 8kf 491'43 THIS COVENANT AND AGREEMENT FOR OFF- STREET PARKING SPACE (the "Agreement ") is made as of January 14, 1986, between STUART MITCHELL KETCHUM, 3R. ( "Ketchum ") and THE DEVIL'S TRIANGLE PARTNERSHIP, a California general partner- ship ( "Devil's Triangle "). Ketchum owns the property si- tuated in the State of California, County of Orange, City of Newport Beach described as follows: Parcel 1 of Parcel Map 83 -705 as per map filed in book 1$3, pages 14 and 15 of Parcel. Maps in the office of the Recor- der of said County (hereinafter the "Continental Property "); and Devil's Triangle owns the adjoining property described as follows; Parcel 1 as shown on a Parcel Map filed in book 45, page 23 of Parcel Maps in the Office of the Recorder of said County (hereinafter the "El Torito Pro- perty"). RECITAL The Planning Commission of the City of Newport Beach, California (the "City ") has approved, subject to certain conditions, Devil's Triangle's request to allow the use of an existing open courtyard for dining and drinking purposes in the El. Torito Restaurant (located on the E1 Torito Property). One condition requires that a covenant for additional automobile parking spaces be established to run with the Continental Property for the benefit of the E1 Torito Property, and another condition requires a grant of an easement for and the construction of a sidewalk linking the covenanted parking spaces on the Continental Property to the E1 Torito Property. The purpose of this Agreement is to satisfy said conditions. ARTICLE 1. COVENANT AND EASEMENT Section 1.1 - GRANT OF COVENANT. The owner of the U_0n_trT_ie_n_t_aT Property hereby covenants and agrees to provide on the Continental Property, for the benefit of the El Torito Property, sixteen (16) automobile parking spaces together with a nonexclusive easement for access to, ingress to, egress from, and use and enjoyment of the parking spaces for (i) passage of vehicles, (ii) passage of pedestrian traffic, and (iii) other uses incidental to such passage; £d Wd91:25 5002 02 lacdd 64665L9 -6h6: 'ON XHA 5,AUN aaoandNM: W08-i q ID Bm 149743 reserving, however, in favor of the owner of the Continental Property, all rights of access to, ingress to, egress from and use and enjoyment of the parking spaces not otherwise inconsistent with the parking rights granted herein. Section 1.2 - GRANT OF EASEMENT. The owner of the Con - tineW n tai — Property hereby grants a nonexclusive easement for the passage of pedestrian traffic, and other uses incidental to such passage, over the Continental Property from the parking spaces, as covenanted in Section 1.1, to the E1 Torito Property over such portion of the Continental Property as the owner thereof shall reasonably designate, The owner of the E1 Torito Property shall have the right, after obtaining the approval of the Continental Property owner, which such approval shall not be unreasonably withheld, to construct a sidewalk along the easement route. Such sidewalk shall be constructed and maintained at the sole expense of the owner of the E1 Torito Property. The owner of the Continental Property shall have the right, at its sole expense and subject to the approval of the owner of the El Torito Property, which such approval shall not be unreasonably withheld, to relocate the easement and reconstruct a sidewalk along the relocated easement route. Section 1.3 - TEMPORARY LOSS OF PARKING SPACES. The owner o tie ontinental Property shall have the right from time to time, in order to accomodate construction or other activities on the Continental Property, to temporarily relocate some or all of the covenanted parking spaces to an off -site location (not on the Continental Property) which, under the then - present circumstances, will enable the owner of the El Torito Property to use the same with as little inconvenience to such owner as is practicable under the circumstances. Section 1.4 - PARKING CHARGES. The owner of the Continental _Pr_0_P_e_r_tY__9Tiall have the right to assess and collect from any person parking on the spaces covenanted in Section 1.1 a parking fee in the amount as follows; (a) As long as such parking spaces are surface parking., the fee shall be FORTY DOLLARS ($40) per month per space. (b) If the parking spaces are located off -site on an interim basis pur- suant to Section 1.3, the fee shall be an amount necessary to reimburse hd Wd9T :ZT SOW OC 'udb 6L66SL9 -6b6: 'ON XHj s,Aadw asoaneNUH: wMU 0 8o =149743 the owner of the Continental Pro- perty for its costs of providing each such interim parking space, (c) If the parking spaces are located within a parking structure, the fee shall be the greater of (i) EIGHTY DOLLARS ($80) per month per space or (ii) the then - prevailing rate for such parking. ARTICLE 2. GENERAL PROVISIONS Section 2.1 - TERM. This covenant and easement shall con - t nue in a feet until such time as the E1 Torito Property is no longer used as a restaurant. At the expiration of such term, the owner of the El Torito Property shall provide to the owner of the Continental Property a quitclaim deed or other documents necessary to eliminate of record the cove- nant and easement established by this Agreement. Section 2.2 - COVENANTS TO RUN WITH LAND. The covenants and easements established herein are for the benefit of the El Torito Property and are intended to be and shall be con- strued as covenants running with the Continental Property and equitable servitudes upon the Continental Property and every part thereof. Furthermore, each and all of such covenants and easements shall be binding upon and burden, and shall inure to the benefit of, all persons having or acquiring any right, title or interest in the Continental Property, the E1 Torito Property or any part of either thereof, and their respective successors and assigns, all upon the terms, provisions and conditions set forth herein. Section 2.3 - GENERAL INTERPRETATION (a) If any term, provision or condition contained in this Agreement (or the application of any such term, provision or condition) shall to any extent be invalid or unenforceable, the remainder of this Agreement shall be valid and enforce- able to the fullest extent permitted by law. (b) When the context in which words are used herein indi- cates that such is the intent, words in the singular number shall include the plural and vice versa. All pronouns and any variations thereof shall be deemed to refer to all gen- ders, and the term "person" shall include natural indivi- duals, corporations, partnerships, unincorporated organiza- tions, associations, trusts, estates and all other forms of Sd Wd9S:ZS SOW 02 61_66SG9 -6b6: TN Xtld S.AHUW SM6RUNUH: WOLd lk° 88=149743 entities. The captions of the Articles and Sections herein are for convenience of reference only and shall not be con - sidered or referred to in resolving questions of interpre- tation or construction. have above IN WITNESS WHEREOF, executed this instrument Written. Ketchum and Devil's Triangle as of the day and year first THE DEV L' S TRIANGLE P R . E 'HIP BY / Stuart etc um as a general partner By: SANTA ASSOCIATES, a California limited partnership, as general p rtn By. l tuart M. Ketchum, its sole general partner 9d WdLS:ZS S00Z M *jdtl 6466SL9 -0,6: 'ON Xbd S,AaHW 213mnuNw: Wodi 41 Miz149743 STATE OF CALIFORNIA COUNTY OF LOS a6a r ' before me, the undersigned, a Noraty Public in and for said State, personally appeared personaily known to me or proved to me on a basis of satisfactory evidence to be the erson who executed the within instrument as R G4A)LC'AI,PWUof the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. ,. WITNESS and and official seal. L ...f` `..:. • s •�_..:: M %Ccn,rt.c,a:r. Fat; :: a'::u ",i " +'1 : 14 Signature (This area for otiieial notarial seal) Ld W&L :ZT 900Z 0E 'add 62-66SL9 —Gt76: 'ON XH3 60 S,MljW ZISOJ JnUNHH: W08A CouNTY Op . _ J 125 SS. On Y-i:- r-6 before me, the undersigned. a Notary Public in and for said State, personally appeared _ SriJRgT [% gsTe ol" personally known to we or proved to me on the basis of satisfactory evidence to be the person_, who executed the within instnunent as of 5"7..4 ASSOC 4dYX -S the partnership that executed the within instrutntnt, and acknowledged to me that they executed the same on , behalf f kyll �.Si 7- 9,4A26Gi -0, 17 AW-PS9 , a partnership, and than n- x said last named partnership executed the same. WITNESS my h d and official seal. \ .. W.3 A` -1 U.; rQuH7V )a /jt�J try:. "am[:r.ce:un r.a0:1'C98ti.1. 3,)9dB .� f: M; Y•.'.' 1+ SdP+:_::. J' C�44:: wIwO: a:...... 4: A5wbiWh: Naeuw4PdlnntlY.0 ._1,,,n.A.4 Signature ("is Arta fat offlaw notati9 MAI) GOVERNMENT CODE 27361.7 certify under penalty of perjury that the notary seal on the document to which this statement is attache preads �as( follows: .' ame of Votary _. � • .� i 63t rT {�i .C7 , ?Ste Conmis;:ion Expires aunty ^where bond is filed Fla;e�of%E3ccution 4A--Ai vq- A Date r.r .r.3.Lje | )UOA ION �0 z $ � ( z § � Z 6` NODUMUSNOO HO-4 ION R ® A <A e q ■I gR■ ■■ \fit �!4 =a ■ a,. ■n-■■m-■,� @ 6 ., 313 DO (I I� A 11 • I �. II o la'"t� � ..... ■..:— - iii C,�� a<s Ei ©�� al f' is,�� • fs�r�a�ra�f�.i�i ■i II R �_ �W a � � � � • � (30 (3� 00 �Q s)� L� a i 510 __... .m�� . r . . « . . • ©> -- � r FE \ `i r!! |` Q �)�$ R Big, §` \ §! 1[ Q § |)� § d |& #, a MAIN, h oGaaee keH@@eee!## G ° % g � � \ .� Via; � -; A � � . pm °D � \ \; I | 5� \�$ � ! 06600 00 H NO @@@@e«H@ 5 .......... ! . _. . ; _� .m, x : � . \ . \�$ � ! 06600 00 H NO @@@@e«H@ 5