HomeMy WebLinkAboutPas Tu Cafe (PA2005-213) 216 Marine AveCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
December 8, 2005
TO: PLANNING COMMISSION
FROM: Planning Department
Jaime Murillo, Associate Planner
jmurillo@city.newport-beach.ca.us
(949) 644 -3209
SUBJECT: Pas. Tu Cafe
Amendment to Use Permit No. 3175 (PA2005 -213)
216'/2 Marine Avenue
APPLICANT: Mahsa Maali
REQUEST
This is a request to amend Use Permit No. 3175 allowing up to 6 tables within the
existing restaurant, rather than 3 tables as previously conditioned. Additionally, the
request includes the authorization for the sale of beer and wine for on -site consumption
(Type 41 ABC License) pursuant to the Alcoholic Beverage Ordinance (ABO).
RECOMMENDATION
Staff recommends that the Planning Commission approve the amendment to Use
Permit No. 3175, subject to the findings and conditions of approval included within the
attached draft resolution.
BACKGROUND
The subject use was originally established in 1983 as Katie McGuire's Pie Shoppe, a
retail bakery use permitted by right. In April of 1985, it was determined that the use was
operating as a take -out restaurant with tables and chairs provided for the use of its
patrons. The subject take -out restaurant use was approved by the Planning
Commission under Use Permit No. 3175 on November 7, 1985 (Use Permit No. 3175
Staff Report and Conditions of Approval attached as Exhibit 2). The project conditioned
the seating to be incidental and limited to a maximum of 3 tables and 12 chairs.
Additionally, the Planning Commission waived the restaurant development standards,
specifically waiving all required parking, parking lot illumination, traffic circulation, walls,
landscaping, and underground utilities. The Municipal Code allows these development
standards to be waived or modified if such a waiver or modification will achieve
substantially the same results and will no way be more detrimental to adjacent
properties or improvements than with strict compliance with the standards.
Pas. Tu Cafe (PA2005 -213)
December 8, 2005
Page 2
VICINITY MAP
Amendment to Use Permit No. 3175
Current
Development:
Commercial Building: Pas. Tu Cafe & Art Gallery
To the north:
Retail & Service Commercial: Real Estate Office
To the south:
Retail & Service Commercial Uses
To the east:
Residential Duplex
To the west:
Retail & Service Commercial Uses
Pas. Tu Cafe (PA2005 -213)
December 8, 2005
Page 3
Over the years, the subject suite has operated under the existing use permit for a
variety of take -out restaurants. The applicant has occupied the suite since June of
2005 and operates a Mediterranean inspired take -out restaurant.
Site Overview
The subject property is located on Marine Avenue, south of Balboa Avenue and north of
Park Avenue. The property consists of a 2,250 square foot rectangular lot and is
improved with a 1,870 square foot single -story commercial building. The northerly half
of the building is occupied by the subject restaurant and the southerly half is occupied
by an art gallery. The restaurant consists of approximately 935 square feet of gross
floor area. There are no off - street parking spaces provided within the property site. A
small wash -out and trash storage area are provided northerly of the building, within a
side -yard, as previously required by Use Permit No. 3175,
Project Overview
The applicant is proposing to change the operational characteristics of the restaurant by
introducing the sale of beer and wine (Type 41 ABC License) for the convenience of the
restaurant patrons dining on -site. Additionally, the applicant wishes to amend Condition
No. 3 of Use Permit No. 3175 to permit a maximum of 6 tables versus 3 tables as
previously approved. A change to the maximum number of seats permitted is not
requested at this time and will remain at 12 seats total. The seating arrangement is
proposed to change from the previously approved configuration of 4 chairs per table (3
tables) to the proposed configuration of 2 chairs per table (6 tables). The project plans
have been attached as Exhibit 5.
The restaurant is currently open Sunday from 11:00 am to 9:00 pm and Monday
through Saturday from 11:00 am to 10:00 pm. These hours of operation are in
compliance with the approved hours of operation of 7:00 am to 10:00 pm daily
permitted under the existing use permit. A maximum of 2 restaurant employees are
proposed to be on -site at any given time. The front gates of the restaurant have
recently been replaced with the decorative black wrought iron gates (Exhibit 3). No
additional changes are proposed to the exterior of the building.
Analysis
General PlanlLocal Coastal Plan
The Land Use Element of the General Plan designates the project site as Retail and
Service Commercial and the Local Coastal Plan designates the project site as
Pas. Tu Cafe (PA2005 -213)
December 8, 2005
Page 4
Commercial Residential. Restaurants with ancillary beer and wine sales for on -site
consumption are a permitted uses within these land use designations.
Zoning Code (Title 20)
The subject property is located within the Retail and Service Commercial zoning district
with a Residential Overlay (RSC -R). Restaurant uses with alcoholic beverage service
are permitted within this district upon approval of a use permit.
Restaurant Design and Development Standards
Chapter 20.82.040 of the Municipal Code contains development standards for
restaurants 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.
These standards were waived in conjunction with the original approval of Use Permit
No. 3175. Since the increase in intensity of use is relatively minor, staff believes the
existing waiver of the restaurant development standards should continue.
Parking
The original approval of Use Permit No. 3175 waived all 21 required parking spaces.
The required parking was based on the requirements for a take -out restaurant use of 1
space for each 50 square feet of gross floor area and 1 additional space for each
employee on duty during peak hours. Based on the restaurant's 935 square feet of
gross floor area and 2 employees on duty, a total of 21 spaces were required (935 sq.
ft. 150 = 19 + 2 = 21 spaces). Since no changes in the number of customers seats is
proposed and the request for the sale of beer and wine for on -site consumption is
relatively minor, staff believes the existing waiver of parking should continue.
Restrooms
The Building Department has indicated that the building code requires at minimum one
unisex restroom facility accessible off the public area to be provided at this location. As
shown on the plan, the restaurant currently provides a single unisex restroom; however
it is only accessible through the restaurant's kitchen, which is in violation of the County
Health Department regulations.
Although the introduction of on -site beer and wine service is relatively minor, a concern
exists that the level of customers deciding to dine on -site may increase, thus increasing
the demand and use of the restroom facilities. It is in staffs opinion, that should the
Pas. Tu Cafe (PA2005 -213)
December 8, 2005
Page 5
request for beer and wine service be approved, that the restaurant's existing non-
conforming restroom configuration be brought into compliance. Therefore, a condition
of approval has been included (No. 44) requiring the restroom facility to be brought into
compliance to the satisfaction of the Building Department, either through relocation or
reconfiguration, to where it will be directly accessible to the restaurant's customers
without walking through the kitchen. An alternative to relocating the restroom is to
provide exterior access to the existing restroom using the side -yard walk way for
access. The condition will require the applicant to submit plans to the Building
Department bringing the restroom facility into compliance, prior to granting final
approval for the issuance of the ABC license by the State Department of Alcoholic
Beverage Control.
Alcoholic Beverage Outlet (ABO) Ordinance
The applicant is requesting a Type 41 License to permit the on -site consumption of
beer and wine. Section 20.89.030.8 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.
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 take -out
restaurant with incidental customer seating. The service of beer and wine is made for
the convenience of patrons dining at the restaurant. Additionally, restaurants can be
viewed as complementary to the surrounding retail 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
Pas. Tu Cafe (PA2005 -213)
December 8, 2005
Page 6
within Police Reporting District No. 42. 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. 42:
2339.74
City Average:
3314.74
RD No. 43:
3095.68
California:
4003.50
RD No. 44:
2828.50
National:
4063.40
During 2004, the number of Part One Crimes in RD No. 42 was 73 and the number of
Part Two Crimes was 37. RD No. 43 had 33 Part One and 17 Part Two Crimes; and
RD No. 44 had 158 Part One and 96 Part Two Crimes. The crime rate in RD 42 is
slightly lower than the surrounding RD's and significantly lower than the City, State, and
National average. The 110 total crimes are approximately 22.85% bellow the Citywide
average.
3. Over Concentration. There are a total of 11 active ABC licenses within RD No.
42. This application will result in one additional ABC license.
The 11 ABC licenses equates to a per capita ratio of 1 license for every 284 residents,
which is higher than the County average of 1 per 592 residents. However, this is likely
attributed to the fact that RD 42 includes the entire Balboa Island commercial area
which has a high concentration of restaurants. The Police Department, as stated in
their report (Exhibit 4), do not have serious concerns with the addition of on -site beer
and wine sales at this location, and have further added conditions to ensure the
maintenance of the health, safety, and welfare of 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 30 arrests,
with 2 driving under the influence arrests and 6 plain drunk arrests within RD No. 42 in
2004. The percentage of alcohol related arrests within RD No. 42 is 26.6 %.
Citywide, 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 60% for RD No. 43
and 38% for RD No. 44. The rate in RD No. 42 is lower than the citywide average and
the two adjacent RD's.
5. Adjacent Uses. The site is located within the commercial district of Balboa Island.
Surrounding uses are primarily dominated by retail commercial uses. There are no day
care centers, schools, or park and recreation facilities in the vicinity of the project site.
There are residential uses to the east of site; however, the existing take -out restaurant
has not proven to be detrimental or incompatible with the surrounding neighbor to date.
The operational characteristics of the site, as primarily a take -out restaurant, will not
change substantially from the existing use with the introduction of on -site beer and wine
service for the incidental customer dining on -site.
Pas. Tu Cafe (PA2005 -213)
December 8, 2005
Page 7
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
and security is necessary.
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.
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.
As previously mentioned, restaurants are allowed within the Retail and Service
Commercial General Plan Land Use designation. Restaurants are also a permitted use,
subject to the approval of a use permit, within the RSC -R zoning designation. Restaurant
uses have operated in this location since 1985 under the original approval of Use Permit
No. 3175. Restaurant uses complement the surrounding residential and commercial area
by providing convenient services to residents, employees and visitors in the area. The
restaurant has not proven inconsistent with the RSC -R district or regulations. It is unlikely
that the introduction of beer and wine for on -site consumption will prove detrimental with
the surrounding area, since the operational characteristics and function of the restaurant
at this location will not change substantially from that of the existing use. The project has
been reviewed and conditioned to ensure that conflicts with surrounding land uses are
minimized or eliminated to the greatest extent possible. Therefore, staff believes the
findings to approve the change in the number of tables and the introduction of beer and
wine service can be made and recommended conditions of approval have been included
in the draft resolution.
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
Pas. Tu Cafe (PA2005 -213)
December 8, 2005
Page 8
1 (Existing Facilities). There will be no significant environmental impact as the proposed
project is located in a fully developed area.
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:
Jaime M�iute Planner
Exhibits
Submitted by:
,Patricia L. Temple, Planning Director
1. Draft Resolution No. 2005 - ; findings and conditions of approval
2. Use Permit No. 3175 November 7, 1985 Staff Report and Conditions of Approval
3. Project Photographs
4. Police Department Report
5. Project Plans
EXHIBIT 1
Draft Resolution of Approval
0
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING AN AMENDMENT
TO USE PERMIT NO. 3175 FOR PROPERTY LOCATED AT 216
%.MARINE AVENUE (PA2005 -213).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Mahsa Maali, owner of Pas. Tu Cafe, with
respect to property located at 216 Y2 Marine Avenue, legally described as Lot 9, Block 11 of the
Balboa Island Section 4, requesting approval of an amendment to Use Permit No. 3175 to
permit 6 tables versus 3 tables as previously conditioned, and approval of the sale of alcoholic
beverages (Type 41 - On -Sale Beer and Wine- Eating Place) pursuant to the Alcoholic Beverage
Outlet Ordinance (ABO).
WHEREAS, A public hearing was held on December 8, 2005 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to
and considered by the Planning Commission at this meeting.
WHEREAS, an amendment to the Use Permit for the existing Eating and Drinking
Establishment has been prepared and approved in compliance with Chapter 20.91 (Use
Permits and Variances) of the Newport Beach Municipal Code for the following reasons:
1. The proposed location of the use is in accord with the objectives of the Zoning Code
and the purpose of the Retail and Service Commercial district in which the site is
located because Eating and Drinking Establishments with accessory beer and wine
sales are permitted uses within the district.
2. The location of the proposed eating and drinking establishment requiring this Use
Permit Amendment, and the proposed conditions under which it will be operated and
maintained, is consistent with the General Plan and the purpose of the RSC -R District
in which the site is located; will not be detrimental to the public health, safety, peace,
morals, comfort, or welfare of persons residing or working in or adjacent to the
neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the City for the following
reasons:
a. The site is designated Retail and Service Commercial by the General Plan Land
Use Element and zoned RSC -R (Retail and Service Commercial - Residential
Overlay). Eating and drinking establishments are conditionally permitted uses
within the General Plan and Zoning Code designations.
b. A restaurant has been operating in this location in a similar capacity since 1985
under the original approval of Use Permit No 3175 and has not proven
detrimental to the area.
).6
Planning Commission Resolution No.
Page 2 of 8
c. Restaurant uses can be expected to be found in this and similar locations and are
complimentary to the surrounding commercial and residential uses.
d. The project site is not located in close proximity to day care centers, schools or
park and recreation facilities.
e. The restaurant has been conditioned in such manner to meet the intent of the
Zoning Code, including any specific conditions required for the restaurant and
to require strict adherence to safety and noise regulations.
The eating and drinking establishment complies with the provisions of the Zoning
Code, including any specific condition required for the establishment in the district in
which it is located for the following reasons:
a. The RSC -R zoning district allows restaurant uses, subject to the approval of a
use permit.
b. The project generally meets the restaurant development standards of the
Zoning Code to the maximum extent possible given the existing site conditions,
and that the continued waiver of the development standards as they pertain to
parking, circulation, walls, utilities, landscaping, and parking lot illumination will
not be detrimental to adjoining properties.
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:
The sale of alcoholic beverages for on -site consumption is in a building that is
designated and zoned for commercial activity. The use has been conditioned in such a
manner to minimize the impacts associated with the on -site sale of alcoholic
beverages. The plans, as conditioned, meet the design and development standards for
alcoholic sales.
2. The convenience of the public can be served by the sale of desired beverages in
conjunction with a take -out restaurant that is complementary to the surrounding uses
within area. Alcohol service can be expected in take -out restaurant operations with
incidental seating.
3. The number of alcohol licenses within the reporting district and adjacent reporting
districts is not significantly high given the commercial nature of the district and the
corresponding high concentration of restaurants.
4. The percentage of alcohol - related arrests in the police reporting district in which the
project is proposed is lower than the percentage citywide. Accessory on -site
consumption of alcoholic beverages is not expected to increase alcoholic related crime
in the opinion of the Police Department.
Planning Commission Resolution No. _
Page 3 of 8
5. The Police Department has reviewed the proposed project and does not believe that
approval of this project will cause an increase in the number of alcohol related
incidents.
WHEREAS, the project qualifies for a categorical exemption pursuant to the California
Environmental Quality Act under Class 1 (Existing Facilities). This exemption allows for the
operation, repair, maintenance and minor alteration of existing buildings.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves the
amendment to Use Permit No. 3175, 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 8th DAY OF DECEMBER 2005.
AYES:
NOES:
FEW
Michael Toerge, Chairman
BY:
Barry Eaton, Secretary
j�-
Planning Commission Resolution No. _
Page 4 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
Amendment to Use Permit No. 3175
The Amendment to Use Permit No. 3175 shall expire unless exercised within 24 months
from the date of approval as specked in Section 20.91.050 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
2. This resolution shall supersede all rights of the previous conditions of approval of Use
Permit No. 3175 dated November 7, 1985, which shall be considered null and void.
3. The project shall be in substantial conformance with the approved site plan and floor plan
stamped with date of this meeting.
4. That any seating shall be incidental to the primary take -out operation of the restaurant. A
maximum of six (6) tables and twelve (12) chairs shall be permitted.
That the hours of operation shall be limited to the hours between 7:00 am and 10:00 pm.
(1985 Condition)
6. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code.
7. Restroom and plumbing fixtures shall be provided in accordance with Building
Department and Plumbing Code.
8. Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
9. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
10. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
11. 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 the current
owner or leasing company.
12. Should this alcohol license be transferred, any future license holders, operators or
assignees shall be notified of the conditions of this approval by either the current licensee
or business operator. Future licensees, operators or assignees shall submit, within 30
days of transfer of the alcohol license, a letter to the Planning Department acknowledging
13
Planning Commission Resolution No.
Page 5 of 8
their receipt and acceptance of the limitations, restrictions and conditions of approval of
this Use Permit.
13. All development standards pertaining to parking lot illumination, circulation, walls,
landscaping, utilities, and parking shall be waived. (1985 Condition)
14. There shall be no live entertainment and /or dancing at any time.
15. This approval does not permit the premises to operate as bar, tavern, cocktail lounge or
nightclub as defined by the Municipal Code, unless the Planning Commission first
approves a Use Permit.
16. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 41 for beer and wine service for on -site consumption
only, and only in conjunction with the service of food as the principal use of the facility.
The sale for off -site consumption of alcoholic beverages is prohibited. Any change in the
alcoholic beverage license type shall be subject to the approval of an amendment to
this Use Permit and may require the approval of the Planning Commission.
17. 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 approval of this Use Permit.
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.
18. 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.
19. 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.
20. No "happy hour' type reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
21. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs, which are clearly visible
to the exterior, shall constitute a violation of this condition.
d
Planning Commission Resolution No.
Paae 6 of 8
22. Full meal service shall be provided during all hours of operation.
23. Sales, delivery and consumption of alcoholic beverages is restricted to and within the
confines of the building portion of the premises and sales or delivery of alcoholic
beverages through any pass -out window is prohibited.
24. Alcoholic beverage sales, delivery and consumption is subject to the review and
approval of the California Board of Alcoholic Beverage Control.
25. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
26. 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 City on demand.
27. 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 specified in the Newport Beach Municipal Code to
require such permits.
28. 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 a Special Event Permit issued by
the City.
29. The applicant and or operator shall not share 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.
30. The operator of the facility shall be responsible for the control of noise generated by the
subject facility. Pre - recorded music and use of audio equipment shall be restricted to
interior only, provided further that the exterior noise levels outlined below are not
exceeded. Use of paging sound equipment is prohibited on the exterior of the building.
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:
1�
Planning Commission Resolution No.
Page 7 of 8
31. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No
temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site
or off -site, to advertise the restaurant.
32. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
33. The exterior of the eating and drinking establishment/alcoholic beverage outlet shall be
maintained free of litter and graffiti at all times. The owner or operator shall provide for
daily removal of trash, litter, debris and graffiti from the premises and on all abutting
sidewalks within 20 feet of the premises.
34. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
35. That all trash shall be stored in the building until scheduled trash pick -up occurs. (1985
Condition)
36. A trash compactor shall be installed in conjunction with the take -out restaurant facility.
(1985 Condition)
37. The operator of the food service use shall be responsible for the clean -up of all on -site
and off -site trash, garbage and litter generated by the use.
38. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained.
Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris
or waste water does not enter the storm drain. (1985 Condition)
39. Storage outside of the building, in the front or at the rear of the property, shall be
prohibited.
40. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise
approved by the Building Department.
A0
Between the hours
Between the hours
of 7:OOAM and
of 10 :OOPM and
10:00PM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
5OdBA
Residential Property located
within
45dBA
60dBA
45dBA
50dBA
100 feet of a commercial
property
Mixed Use Property
45dBA
1 60dBA
45dBA
50dBA
Commercial Property
N/A
I 65dBA
N/A
60dBA
31. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. No
temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site
or off -site, to advertise the restaurant.
32. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
33. The exterior of the eating and drinking establishment/alcoholic beverage outlet shall be
maintained free of litter and graffiti at all times. The owner or operator shall provide for
daily removal of trash, litter, debris and graffiti from the premises and on all abutting
sidewalks within 20 feet of the premises.
34. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
35. That all trash shall be stored in the building until scheduled trash pick -up occurs. (1985
Condition)
36. A trash compactor shall be installed in conjunction with the take -out restaurant facility.
(1985 Condition)
37. The operator of the food service use shall be responsible for the clean -up of all on -site
and off -site trash, garbage and litter generated by the use.
38. That the sidewalk on Marine Avenue shall be kept clean and regularly maintained.
Said sidewalk shall be swept, vacuumed or washed in such a manner that any debris
or waste water does not enter the storm drain. (1985 Condition)
39. Storage outside of the building, in the front or at the rear of the property, shall be
prohibited.
40. Kitchen exhaust fans shall be designed to control smoke and odor, unless otherwise
approved by the Building Department.
A0
Planning Commission Resolution No. _
Page 8 of 8
41. A washout area for refuse containers shall be provided in such a way as to allow direct
drainage into the sewer system and not into the Bay or storm drains, unless otherwise
approved by the Building Department and Public Works Department. (1985 Condition)
42. Grease interceptors shall be provided on all fixtures in the restaurant facility where
grease may be introduced into the drainage systems in accordance with the provisions of
the uniform Plumbing Code, unless otherwise approved by the Building Department.
(1985 Condition)
43. That all mechanical equipment and trash areas shall be screened from Marine Avenue,
the alley, and adjoining properties. (1985 Condition)
44. Prior to final City approval for the issuance of the ABC license by the State, the applicant
shall submit plans to the Building Department bringing the existing non - conforming
restroom into compliance with Building Code and Health Department standards. The
restroom facility shall be either relocated or reconfigured to where it will be directly
accessible to the restaurant's customers without walking through the kitchen. A sign
shall be posted at the order counter of the restaurant notifying patrons of the restroom
location and access procedures. The applicant shall contact the Planning Department to
schedule an appointment to verify installation of the required sign specified by this
condition of approval. Failure to comply with this condition will result in code
enforcement action.
45. 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. (1985
Condition)
EXHIBIT 2
UP3175 Nov. 7, 1985 Staff Report & Conditions of Approval
Planning Commission.Meetih November 7, 1985
Agenda Item No.
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No. 3175 (Public Hearing)
4
Request to permit the establishment of a take -out
restaurant with incidental seating on 'property located
in the C -1 District. The .proposal also includes a
request to.waive all of the required off - street parking
spaces.
LOCATION: Lot 9, Block 11, Section 4, Balboa Island, located at
21631 Marine Avenue, on the easterly side of Marine
Avenue, between Balboa Avenue and Park Avenue, on
Balboa Island.
ZONE: C -1
APPLICANT: Katie McGuire's Pie Shoppe, Balboa Island
OWNER: John Ascheiris, Tustin
Application
This is a request to convert a former bakery into a take -out
restaurant with incidental seating and to waive the required off -
street parking spaces, required for this use. In accordance with
Section 20.35.020 of the Newport Beach Municipal Code, a take -out
restaurant is a permitted use in the C -1 District, subject to the
,securing of a use permit in each case. Use permit procedures are set
forth in Section 20,80 of the Municipal Code.
Environmental Significance
This project has been reviewed, and it has been determined that it is
categorically exempt from the requirements of the California Environ-
mental Quality Act under Class 1 (Existing Facilities).
Conformance with the General Plan and the Adopted Local Coastal
Program; Land Use Plan
The Land Use Element of the General Plan and the Land Use Plan of the
Local Coastal Program designate the site for "Retail and Service
Commercial" uses. The subject take -out restaurant facility is
consistent with this land use designation.
11
i
Planning Commission.Meetih November 7, 1985
Agenda Item No.
CITY OF NEWPORT BEACH
TO: Planning Commission
FROM: Planning Department
SUBJECT: Use Permit No. 3175 (Public Hearing)
4
Request to permit the establishment of a take -out
restaurant with incidental seating on 'property located
in the C -1 District. The .proposal also includes a
request to.waive all of the required off - street parking
spaces.
LOCATION: Lot 9, Block 11, Section 4, Balboa Island, located at
21631 Marine Avenue, on the easterly side of Marine
Avenue, between Balboa Avenue and Park Avenue, on
Balboa Island.
ZONE: C -1
APPLICANT: Katie McGuire's Pie Shoppe, Balboa Island
OWNER: John Ascheiris, Tustin
Application
This is a request to convert a former bakery into a take -out
restaurant with incidental seating and to waive the required off -
street parking spaces, required for this use. In accordance with
Section 20.35.020 of the Newport Beach Municipal Code, a take -out
restaurant is a permitted use in the C -1 District, subject to the
,securing of a use permit in each case. Use permit procedures are set
forth in Section 20,80 of the Municipal Code.
Environmental Significance
This project has been reviewed, and it has been determined that it is
categorically exempt from the requirements of the California Environ-
mental Quality Act under Class 1 (Existing Facilities).
Conformance with the General Plan and the Adopted Local Coastal
Program; Land Use Plan
The Land Use Element of the General Plan and the Land Use Plan of the
Local Coastal Program designate the site for "Retail and Service
Commercial" uses. The subject take -out restaurant facility is
consistent with this land use designation.
11
TO: finning Commission -2..p
Subject Property and Surrounding Land Uses
The subject property is occupied by. a 1670± sq.ft. building, the
northerly half of which is occupied by the subject bakery and the
southerly half of which is occupied by a gift shop. To the north, is
6`ftal estate office; to the east, across a 10 foot wide alley is a
duplex; to the south is a clothing store; and to the west, across
Marine Avenue, is a mixture of retail and restaurant uses.
Background
;On March 2, 1983, a business license was issued for Katie McGuire's
Old Fashioned.Pie Shoppe to operate as a bakery in the C -1 District on
'Balboa Island. No use permit was required because a retail bakery is
a. permitted use in the C -1 District, as described in Section 20.35.015
of.the Newport Beach Municipal Code.
In April, 1985, it came to the attention of. the Planning Department
that the facility was functioning as a take -out restaurant with tables
and chairs provided for use of the bakery patrons. Katie McGuire's
was advised by letter to remove the tables and chairs or apply for a
use permit. Following a period of inaction by the Katie McGuire's
proprietor, the matter was referred to the Assistant City Attorney who
met with the applicant on September 20, 1985. Subsequently, an
application was made for Use Permit No. 3175 so as to approve the
existing take -out restaurant facility.
Analysis
The applicant proposes to operate a take -out restaurant with inci-
dental seating in the C -1 District.. The floor area of the facility is
935± sq.ft. The applicant proposes to maintain two tables and would
.serve primarily baked goods, sandwiches, and soft drinks, as shown on
the attached menu for another Katie McGuire's facility. A, maximum of
two employees would be on duty during peak hours. No sale of
alcoholic beverages is proposed.
The take -out restaurant would, be open from 7 :00 a.m. to 9: -00 p.m.
dSily, although a number of other take -out food establishments on
Marine Avenue are open until 10:00 p.m. Although use permits for many
of the older establishments do not specify operating hours, recent
approvals for take -out restaurants on Marine Avenue designate the
following hours of operation:
Use Permit Name and
Application No. Address
3012 island Snow
322 Marine Avenue.
2099 Haagen.Dazs
332 -A Marine Avenue
2011 Sweets N Treats
307 Marine Avenue
Hours of .Operation
10:00 a.m. to 10:00 p.m.
10:00 a.m.. to 10:00 p:m.
8:00 a.m. to 11 :00 p.m.
Staff has no objection to a closing time as late as 10:00 p.m. for the
proposed take -out restaurant.
a
ME
TO: Pla_..iing Commission =3. i
Off- Street Parking
Section 20.30.035 B of the Newport Beach Municipal Code requires one
parking space for each 50 sq.ft. of gross floor area contained within
a take -out restaurant and one additional space for each employee on
duty during peak hours, unless modified or waived by "the Planning
Commission in accordance with Section 20.72.130 of the Municipal Code.
Based upon the proposed gross floor area of 935± sq.ft. and a maximum
of two employees on duty during peak hours, a total of 21 parking
spaces would be required (935± sq.ft. s 50 = 19 + 2 = 21 spaces).
There are no off- street parking spaces on the subject property.
Therefore, a waiver of all of the required parking is requested.
Under Section 20.30.030, B(1) of the Newport Beach Municipal. Code, "the
lawful use of land or buildings in commercial districts which do not
meet current parking standards may continue if the uses or .buildings
were in existence before the adoption of those standards. Changes in
use which would require the same amount of parking or less are
permitted. Thus, a typical retail or office use could utilize the
935± sq.ft. of commercial space to be occupied by the-subject take -out
restaurant without providing any parking at all, even though, under
Section 20.30.035 B of the Newport Beach Municipal Code, new
commercial development would be required to provide one parking space
for each 250 sq.ft. of floor area, or 4 parking spaces (935± sq.ft.
250:sq.ft. = 4 spaces).
Parking..and Traffic Circulation Concerns on Marine Avenue
In the past, the Planning Commission has been concerned with the
parking problems in conjunction with new and expanded" restaurants
along Marine Avenue. At its meeting. of August 23, 1979, the Planning
Commission denied Use Permit No. 1912 which requested the remodel and
expansion of the existing "Sugar -N- Spice" take -out restaurant facility
located at 310 Marine Avenue. On August 16, 1979, the Planning
Commission denied Use Permit No. 1914 which requested a take -out
restaurant in conjunction with the "Island Fish Factory" located at
322 Marine Avenue. This application was also denied by the City
Council on appeal at its meeting of September 10; 1979. On August 19,
1982, the Planning Commission also denied Use Permit No. 2090 which
was a request to expand the "net public area" of the existing
"Shanghai Pine Garden" restaurant at 300 Marine Avenue. . At its
meeting of October 20, 1983, the Planning Commission also denied Use
Permit No. 3061, that requested a take -out restaurant facility to be
located at 216 Marine Avenue. In each case, the Planning Commission
identified the lack of parking as one of the reasons for denial.
(Another finding for denial in each use permit application was that
the proposed developments would be. detrimental to the safe and
continuous flow of vehicular traffic on Marine Avenue).
However, on July 23, 1981, the Planning Commission approved Use Permit
No. 2011 that permitted the establishment of the "Sweets -n- Treats"
candy store on property located at 308 Marine. Avenue. The approved
development included take -out food items such as desserts and hot and
cold drinks for consumption in An adjoining open patio area. The
�1
TO: % Ining Commission -4. s
Planning Commission also waived the required 14 off.- street parking
spaces in conjunction with said approval. On September 22, 1982, the
Planning Commission approved Use Permit No.. 2099., that permitted the
establishment of the Haagen Dazs ice cream shop at 332- A.Marine Avenue
and waived .24 required, parking spaces. On January 6, 1983,. the
Planning.. Commission approved Use Permit No. 3012 which allowed the
establishment of the Island Show shaved ice .facility at 322 Marine
Avenue and waived 21 required parking spaces. In all three cases, it
was determined by the Planning Commission that the proposed-operations
would not be "destination points" by themselves and that .most. of the
patronage would come from people who are already shopping on Marine
Avenue or from residents living in the surrounding residential area.
Staff is of the opinion that a waiver of required parking would be
appropriate in this case, inasmuch as a take-out restaurant of the
type proposed would not be a destination point in and of itself but
would generally attract people who are already visiting, working or
living in the area.
Waiver of Development Standards
Chapter 20.72 of the Municipal Code contains development standards for
take -out restaurants to ensure that any proposed development will be
compatible with adjoining properties and streets. Said development
standards include specific requirements for building setbacks, parking
and traffic circulation, wails surrounding the take -out restaurant
site, landscaping, exterior illumination, signing, underground utili-
ties, and storage. Section 20.72.130 of the Municipal Code states
that the Planning Commission shall have the right to waive or modify
.any of the above mentioned development standards for . "take -out"
restaurants if such modification or waiver will achieve substantially
the same results and will in no way be more detrimental to adjacent
properties or improvements than will the strict, compliance with
standards. Staff is of the opinion that the on -site development
standards as they apply to the required parking spaces, traffic
circulation, walls, parking lot illumination,, landscaping and
utilities, should be waived if the Commission approves the proposed
restaurant because of the existing physical characteristics of the
site.
Petitions and Letters of Support
Letters of.support from the Balboa island Improvement Association and
the Balboa Island Business. Association are attached for the Planning
Commission's review. In. addition, 359 customers have signed a peti-
tion in support of this application. A copy.of the first.page of,the
petition is attached. The remainder of the petition will be available
in the Planning Department or at the, Planning Commission meeting for
the Planning Commission's review.
W
T0: P14L__iing Commission -5.
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 for
which application is made will. not, under the circumstance's 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 such proposed use or be detrimental or injurious to
property and improvements in the neighborhood or the general welfare
of the City.
Staff recommends the approval of Use Permit No. 3175, and suggests
that the Planning Commission take such action, with the findings and
subject to conditions set forth in Exhibit "A ". Staff also recommends
that certain development standards set forth in Section 20.72.130 of
the Municipal Code be waived. However,. if it is the desire of the
Planning Commission to deny this request, the findings for denial set
forth in Exhibit "B" are suggested.,.
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By 3JB-. -j a
Sandra L. Genis W;E 4
Associate Planner
SLG:la
Attachments: Exhibit "A"
Exhibit "B"
Vicinity Map
Letter from Balboa Island Improvement Association
Letter from Balboa Island Merchant's Association
First page of petition of support
Menu
Plot Plan
Floor Plan
�3
TOs F..,: ning Commission -6. t.
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL
USE PERMIT NO. 3175
FINDINGS:
1. That the proposed use is consistent with the Land
Use Element of the General Plan and the. adopted
Local Coastal Program, Land Use Plan, and is
compatible with surrounding land uses.
2. That the Police Department has indicated that they
do not contemplate any problems.
3. That the project will not have any. significant
environmental impact.
4. That the waiver of the development standards as
they pertain to circulation, walls, landscaping,
parking lot illumination, utilities, and parking;
will not be detrimental to adjoining properties.
5. That the approval of Use Permit No. 3175 will not,
under the circumstances of the case, be detri-
mental to the health, safety, peace, .morals,
comfort and general.welfare of persons residing or
working in the neighborhood or be detrimental or
injurious to property or improvements in the
neighborhood or the general welfare of the City.
CONDITIONS:
1. That development. shall be in substantial confor-
mance with the approved.plot plan and floor plan.
2. That the development standards pertaining to
parking lot illumination, circulation, walls,
landscaping, utilities, and parking shall be
waived.
3. That any seating shall be incidental to the
primary take -out operation of the restaurant. A
maximum of three tables and twelve chairs shall be
permitted.
4.. That no alcoholic beverages shall be sold on the
premises unless. the Planning Commission approves
an amendment to this use permit.
S. That the hours of operation shall be restricted to
the hours between 7:00. a.m.. and 10:00 p.m.
6. That all signs .shall conform to the provisions of
Chapters 20.06 of the Municipal Code. ry
v(
TO: Pig. .ing Commission -7.
7. That all trash shall be stored in the building
until scheduled trash pick -up occurs.
8. That trash receptacles for patrons shall be
provided in convenient locations inside and
outside the building.
9. That the sidewalk on Marine Avenue shall be kept
clean :and regularly maintained. Said sidewalk
shall 'be swept, vacuumed or washed in such a
manner that any debris or waste water does not
enter the storm drain system.
10. -That. a washout area for the take -out restaurant
trash containers be provided in such a way as to
allow direct drainage into the sewer system and
not into the Bay or storm drains, unless otherwise
approved by the Building Department.
11. That all mechanical equipment and, trash areas
shall be screened from Marine Avenue, the alley,
and adjoining properties.
12. That a trash compactor shall be installed in
conjunction with the take -out restaurant facility.
13. That grease interceptors shall be installed on all
fixtures in the restaurant facility where grease .
may be introduced into the drainage systems in
accordance with the provisions of the uniform
Plumbing Code.
14. That the Planning Commission may add 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.
a5
TO: , ,fining Commission. -8. 1
EXHIBIT. "B"
FINDINGS FOR DENIAL OF
USE PERMIT NO. 3175
FINDINGS:
1. That approval of the request to waive a portion of
the development standards for the proposed
take -out restaurant facility as set forth in the
Municipal Code would be detrimental to adjacent
properties or improvements.
2. That the proposed take -out restaurant represents.
an intensification of use that will result in an
increased parking demand for the area.
3. The approval of Use Permit No. 3175 will, under
the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort and
general welfare of persons residing or working in
the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or
the general welfare of the City.
M
BALBOA 1$LAND IMPROVEMENT ASSOCIATION
P.O. SOX #64
SALBOA ISLAND. CALIFORNIA 02662
TELEPHONE 17141676.1772
October 4, 1985
Planning Commission Members
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Ladies and Gentlemen)
The Board of the Balboa Island Improvement Association
unanimously indorses the approval of the Use Permit for the
remodeling of Katie's Pie Shoppe on Marine Ave. and for the
use of a maximum of three tables within the shop.
The establishment has been a popular addition to the'
Island business area and we welcome their efforts to further
improve the appearance,
Sincerely,
',�� A7
Natalie Fogarty, President
NF /pm
CC: .Katie's Pie Shoppe
W
BAbBOA I8bAND
business association
P.O. BOX 448, BALBOA ISLAND, CALIF. 92662
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PETITION
In order to continue having the tables and chairs and continue
.selling sandwiches and beverages we will be-required to obtain
a varitnce from the City of Newport. Your signature would be
heipful in achieving this. We REALLY APPRECIATE your continuing
support and helping KATIE MC, GUIRE'S remain a part of. BALBOA ISLAND:
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34
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Mr. Danny Rigmaiden
Katie McGuire's
216 1/2 Marine Avenue
Balboa Island, CA 9.2662
Re: Violati
Dear Mr. Rigmaiden:
(714) 644 -3131
August 28, 1985
This office has
Katie McGuire's located
Island. As such you are
zoning regulations:
ch Mun
RECEIVED
R Annine
OpParment
AUG291985
C'T" OF
Nkl'VRORT BEACH,
CALIF.
been advised that you are the owner of
at 216 1/2 Marine Avenue, Balboa
required to comply with the applicable
Pursuant to Code Section 20.72.0109 you are .required to
obtain a use permit if consumption of. food and beverages are
served upon the premises. This office has received information
from the Planning Department that despite several letters to you
indicating the above information, to date you have failed to
obtain the use permit needed to serve food and beverages upon the
premises.
In an effort to resolve this matter without resorting to
court action, an'office conference has been scheduled for you to
meet at the office of the City Attorney on September 23, 1985, at
2:00 P.M. You are required either to appear or to provide this
office with appropriate proof of compliance on or before
September 20, 1985. Failure to promptly reschedule the meeting
or to actually appear as scheduled, will result in this office
taking appropriate, legal action based upon available information.
Your anticipated cooperation in this matter will be most
appreciated.
Sincerely,
rol. -Kola
Assistant City Attorney
CAK /je
CC: Sheri Vander Dussen
3300 Newport Boulevard, Newport Beach
35
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Use Permit No. 3175 (Public Hearing)
Request to permit the establishment of a take -out
restaurant with incidental seating on property located
in the C -1 District. The proposed also includes a
request to waive all of the required off - street parking
spaces.
LOCATION: Lot 9, Block 11, Section 4, Balboa
Island, located at 216h Marine Avenue,
on the easterly side of Marine Avenue,
between Balboa Avenue and Park Avenue,
on Balboa Island.
ZONE: C -1
APPLICANT: Katie McGuire's Pie Shoppe, Balboa
Island
OWNER: John Ascheiris, Tustin
The public hearing was opened in connection with this
item, and Ms. Kay Bass, 261 1/2 Marine Avenue, Balboa
Island, applicant, appeared before the Planning
Commission. Ms. Bass stated that she concurs with the
findings and conditions in Exhibit "A ".
The public hearing was closed at this time.
Motion x Commissioner Koppelman made a motion to approve Use
Ayes x 51 X x x x Permit No. 3175 subject to the findings and conditions
Absent x in Exhibit "A ". Motion voted on, MOTION CARRIED.
FINDINGS:
1. That the proposed use is consistent with the Land
Use Element of the General Plan and the adopted
Local Coastal Program, Land Use Plan, and is
compatible with surrounding land uses.
2. That the Police Department has indicated that they
do not contemplate any problems.
3. That the project will not have any significant
environmental impact.
4. That the waiver of the development standards as
they pertain to circulation, walls, landscaping,
parking lot illumination, utilities, and parking,
will not be detrimental to adjoining properties.
-7-
MINUTES
Item No.4
UP3175
Approved
Condition-
ally
31
5. That the approval of Use Permit No. 3175 will not,
under the circumstances of the case, be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons residing or
working in the neighborhood or be detrimental or
injurious to property or improvements in the
neighborhood or the general welfare of the City.
CONDITIONS:
1. That development shall be in substantial confor-
mance with the approved plot plan and floor plan.
2. That the development standards pertaining to
parking lot illumination, circulation, walls,
landscaping, utilities, and parking shall be
waived.
3. That any seating shall be incidental to the
primary take -out operation of the restaurant. A
maximum of three tables and twelve chairs shall be
permitted.
L: That no alcoholic beverages shall be sold on the
premises unless the Planning Commission approves
an an ndmen£ to this use hermit.
5. That the hours of operation shall be restricted to
the hours between 7 :00 a.m, and 10:00 p.m.
6'. That all signs shall conform to the provisions of
Chapters 20.06 of the Municipal Code.
7.' That all trash shall -be stored in the building
until scheduled trash pick -up occurs.
8. That trash receptacles for patrons shall be
provided in convenient locations inside and
outside the building.
9. That the sidewalk on Marine Avenue shall be kept
clean and regularly maintained. Said sidewalk
shall be swept, vacuumed or washed in such a
manner that any debris or waste water does not
enter the storm drain system.
30: That a washout area for the take -out restaurant
trash containers be provided in such a way as to
-8-
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5. That the approval of Use Permit No. 3175 will not,
under the circumstances of the case, be detri-
mental to the health, safety, peace, morals,
comfort and general welfare of persons residing or
working in the neighborhood or be detrimental or
injurious to property or improvements in the
neighborhood or the general welfare of the City.
CONDITIONS:
1. That development shall be in substantial confor-
mance with the approved plot plan and floor plan.
2. That the development standards pertaining to
parking lot illumination, circulation, walls,
landscaping, utilities, and parking shall be
waived.
3. That any seating shall be incidental to the
primary take -out operation of the restaurant. A
maximum of three tables and twelve chairs shall be
permitted.
L: That no alcoholic beverages shall be sold on the
premises unless the Planning Commission approves
an an ndmen£ to this use hermit.
5. That the hours of operation shall be restricted to
the hours between 7 :00 a.m, and 10:00 p.m.
6'. That all signs shall conform to the provisions of
Chapters 20.06 of the Municipal Code.
7.' That all trash shall -be stored in the building
until scheduled trash pick -up occurs.
8. That trash receptacles for patrons shall be
provided in convenient locations inside and
outside the building.
9. That the sidewalk on Marine Avenue shall be kept
clean and regularly maintained. Said sidewalk
shall be swept, vacuumed or washed in such a
manner that any debris or waste water does not
enter the storm drain system.
30: That a washout area for the take -out restaurant
trash containers be provided in such a way as to
-8-
MINUTES
INDEX
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of Newport Beach
allow direct drainage into the sewer system and
not into the Bay or storm drains, unless otherwise
approved by the Building Department.
11. That all. mechanical equipment and trash areas
shall be screened from Marine Avenue, the alley,
and adjoining properties.
12. That a trash compactor shall be installed in
conjunction with the take -out restaurant facility.
MINUTES
1.3 That grease interceptors shall be installed on all
fixtures in the restaurant facility where grease
may be introduced into the drainage systems in
accordance with the provisions of the Uniform
Plumbing Code.
14. That the Planning Commission may add 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.
i
t to it alteratiRCorona and additions to an
Item No.5
V1126
sfamily dwe which exceeds the
m e height withe 24/28 Foot Height
Continued
tion ct. All devent will be below the
to
f the along Ocean levard. The proposal
12 -5 -85
nclud est to exthe maximum 1.5 times
uildabea the snd a modification to
i
oning so as allortions of a proposed
or anibule are second level deck, to
iGoldenrod
ach 1 4 inches in required 4 foot side
setbacION:
rcel "B" of cel 4545 -199
esubdivi.sion 79) to ed at 2711
ean Boulevarn the wester side of
ean Boulevaretween Fernlea enue
nd Goldenrod ue, in Corona del
39
EXHIBIT 3
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EXHIBIT 4
Police Department Report
43
City of Newport Beach
Police Department
Memorandum
November 21, 2005
TO: Jaime Murillo — Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Pas. Tu Cafe (Amendment to Use Permit No. 3175)
Per your request our office has reviewed the Project Review Request for Pas.Tu Cafe,
located at 216 '/z Marine Avenue, Newport Beach, CA 92663. This restaurant would like to
amend Use Permit No. 3175 as follows:
1. Increase their inside dining occupancy from 6 to 10 seats and 2 seats on outside patio.
2. Proposed hours of operation are Sunday 11:00 am to 9:00 pm and Monday through
Saturday 11:00 am to 10:00 pm.
3. Allow the sale of alcoholic beverages for On -Sale Beer and Wine (Type 41 license).
While we have no serious concerns in regards to on -sale beer and wine eating place, we
believe there is a greater policy /land use issue involved in the approval process for
intensifying the alcohol usage in this area of the community. As a result, it is difficult for the
Police Department to endorse the proposed intensified use permit modification, especially
considering the existing concentration of ABC licenses in the area. Accordingly, we believe
the decision more appropriately should be left to the Planning Commission and /or City
Council based on the said impacts.
For police services and statistical information please refer to the attached report by Crime
Analyst Paul Salenko.
Applicant History:
Pas. Tu Cafe is an existing take -out restaurant serving local residents as well as tourists.
Signs and Displays
Signs will remain the same.
q,'1
Pas. Tu Cafe (Amendment to Use Permit No. 3175)
Page 2 of 3
Hours of Operation
Restaurant and patio hours 11:00 am to 9:00 pm Sunday and Monday through Saturday
11:00 am to 10:00 pm.
Preventive Desian
None.
Security
None.
Employee Trainina
The Police Department recommends that 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
upon approval of the CUP, will condition the
health, safety and welfare of the community.
operation as described by the applicants and,
ABC license as necessary to maintain the
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:
1. Approval does not permit the premises to operate as a bar tavern, cocktail lounge or
nightclub as defined by the Municipal Code, unless the Planning Commission first
approves a Use Permit.
No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
3. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
Pas. Tu Caf& (Amendment to Use Permit No. 3175)
Page 3 of 3
4. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs, which are clearly visible
to the exterior, shall constitute a violation of this condition.
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.
9. Sales, delivery and consumption of alcoholic beverages will be restricted to and within
the confines of the building portion of the premises and sales or delivery of alcoholic
beverages through any pass -out window is prohibited.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Unit
ql�
`~ City of Newport Beach
Police Department
Memorandum
April 26, 2005
TO: Jaime Murillo, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECD Alcohol Related Statistics
At your request, our office has reviewed police services data for the Pas Tu Cafe at 216'A
Marine Ave. This area encompasses our reporting district (RD) number 42 as well as part of
Census Tract 630.06. 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 1,419 were in
RD 42. A "call for service" is, an7cantaatof dwpoLk a depastt mtbye c3dzm which Yang&
in the dipwkhing of unit or caum the canhx1ed eatployee to tab omw sort ofactiohq, 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 (H=dk9dwq forcible Rape, Robba y, A&=vatred Amuk Burglary, Lanmy -dm%
Auto Theti 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.
Crimea
RD 42
Newport Beach
California*
National*
Part
73
2,508
1,420,637
11,816,782
part 2
37
3,381
N/A
N/A
Part 1Crime Rate
2,339.74
3,314.74
4,003.5
4,063.4
The number of active ABC licenses in this RD is 11"*
Per capita utio 1 licen for every 284 residents.
This reporting district had a total of 118 reported crimes as compared to a City wide
reporting district average of 153 reported crimes. This reporting district is 35 crimes or
22.85% below the City wide reporting district average. This location is not within an area
where the number of crimes is at least 73% 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 ".
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Arrest Information
There were 2 DUI arrests and 6 Plain Drunk arrest in this area during this same period as
compared to 1,238 for the entire city. This RD amounts to .65% 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 42 Newport Beach California'' National*
(DUI /Drunk) 8 1,238 N/A N/A
All Arrests 30 3,550 1,457,151 9,579,611
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 43 and RD 44.
Crimes
RD 43
RD 44
Part 1
33
158
Part 2
17
96
Crime Rate
3,095.68
2,828.5
Arrests (DUI /Drunk)
12
76
All Arrests
20
200
Calls For Service
11077
4,228
Number of active ABC licenses
7"'
24**
Per capita ratiol license for every
152**
233** 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 Crone Rate was 80,800.
*These numbers are from the 2003 Uniform Crime Reports, which is the most recent edition.
**The number of alive 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 i license for every 592 residents. (4,805licenses and a
population of 2,846,289)
If you are in need of any further assistance, please contact me at (949) 6443791.
Paul Salenko
Crime Analysis Unit
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