HomeMy WebLinkAboutIsland Restaurant (PA2003-007)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No.
May 8, 2003
TO: PLANNING COMMISSION
FROM: William Cunningham, Contract Planner
(949) 644 -3200
SUBJECT: Islands Restaurant (PA2003 -007)
1380 Bison Avenue
Use Permit for an Eating and Drinking Establishment and to
authorize the sale of alcoholic beverages (Type 47: beer, wine &
spirits) pursuant to the Alcoholic Beverage Outlet (ABO) Ordinance
for on -site consumption at the proposed restaurant to be located
within the Bluffs Retail Center.
APPLICANT: Islands Restaurant
5750 Fleet Street, Suite 120
Carlsbad, CA 92008
ISSUE:
Should the Planning Commission approve a Use Permit for an Eating and Drinking
Establishment (restaurant) with on -site consumption of alcoholic beverages?
RECOMMENDATION:
Hold a public hearing and approve the requested Use Permit No. 2003 -011 (PA2002-
007) subject to the findings and conditions of approval within the draft resolution for
project approval (Exhibit No. 1).
VICINITY MAP
AVE
1380 Bison Avenue
Use Permit No. 2003 -011 (PA2003 -007)
Current
center currently under construction.
Develo ent:
jShopping
To the noonita
Creek Channel and the San Joaquin Hills Transportation Corridor.
and east:
To the south:
n s ace and multi le -famil residential across Bison Avenue.
To the west:
xistin commercial uses and residential uses.
DISCUSSION:
Site/Proiect Overview & Background:
The proposed eating and drinking establishment is located within the Bluffs Retail
Center located at the northeast corner of McArthur Boulevard and Bison Avenue. The
new 52,000 square -foot shopping center, which is currently nearing completion of
Islands Restaurant (PA2003 -007)
May 8, 2003
Page 2 of 7
construction, was approved under Site Plan Review No. 2001 -001 in July, 2001. The
approval included authorization for 32,150 square feet of restaurant uses; however, at
the time of approval specific users and floor plans were not available. Of the 32,150
square feet, 11,225 square feet was allocated for restaurant, and 20,925 was allocated
for fast food. In addition, the approval included 1,640 square feet of patio for the
restaurant uses, and 3,320 square feet of patio for the fast food uses. Subsequently, a
Use Permit (UP No. 2002 -020) was approved by the Planning Commission that
permitted the Planning Director to issue use permits for up to seven eating and drinking
establishments with alcohol service, not exceeding a total floor area of 19,694 square
feet.
The applicant proposes to establish an Islands Restaurant in the center with a total of
5,269 square feet of interior space and 984 square feet in patio dining area. The
restaurant will have a total of 243 seats, with 170 seats for indoor dining, 32 seats for
patio dining, 28 cocktail lounge seats and 13 bar seats. The menu will consist of
burgers, pasta and similar "casual dining" menu items, and will serve lunches and
dinners (no breakfast service is proposed). Additionally, a full service bar serving
beer, wine and distilled spirits is planned.
Analysis:
The applicant is requesting a Use Permit to allow an eating and drinking establishment
and the sale of alcoholic beverages (Type 47: beer, wine and spirits) for on -site
consumption. As noted above, Use Permit No. 2002 -020 limits the Planning Director
approval of eating and drinking establishments not in excess of 5,000 square feet and
limits alcoholic service to beer and wine. Since Islands Restaurant will be a full- service,
low turnover eating and drinking establishment, UP No. 2002 -020 does not pertain to
the use, and a new use permit is required that addresses the operational characteristics
of the proposed restaurant, as well as the requirements of the Alcoholic Beverage
Outlet (ABO) Ordinance.
Operational Characteristics
The proposed restaurant is intended to offer a light menu of burgers, pasta and similar
items.with full bar service. The bar area is a separate cocktail lounge area within the
restaurant consisting of a 28 -foot long bar with 13 bar stools, and 7 tables with 28
stools. The restaurant is classified as a "Full - service, Low Turnover" eating and
drinking establishment. Proposed hours of operation are from 11:00 am to midnight
Sunday through Friday, and from 11:00 am to 1:00 am on Saturdays. Outdoor patio
dining area consisting of 982 square feet is proposed to be located at the west side of
the restaurant, and is of a size and design consistent with the original approval under
Site Plan Review No. 2001 -001. The applicant proposes to have recorded music in the
restaurant on the patio area, and no live entertainment is proposed.
Islands Restaurant (PA2003 -007)
May 8, 2003
Page 3 of 7
Restaurant Development Standards
Chapter 20.82.040 of the Municipal Code contains development standards for
restaurants, as outlined below, to ensure that any proposed development will be
compatible with adjoining properties and streets. The development standards include
specific requirements for site requirements, building setbacks, parking and traffic
circulation, walls surrounding the restaurant site, landscaping, exterior illumination,
underground utilities, and supply and refuse storage. Section 20.82.040 D of the
Municipal Code states that any of the above mentioned development standards for
restaurants may be modified or waived if strict compliance is not necessary to achieve
the purpose or intent of the standard.
Development Standards
•:::.
;` :REQUIREMENT..
Sffe:
Site shall be of sufficient size and configuration to
Complies. The site is 8.87 acres and has been found
satisfy all requirements for off -street parking,
adequate for the construction of a 52,000 square foot
setbacks, curb cuts, walls, landscaping and refuse
shopping center with up to 32,150 square feet of
storage as provided by Section 20.82.040 of the
restaurant uses (Site Plan Review No. 2001 -001
Municipal Code.
approved 711912001 .
setbacks:
The City may establish more restrictive setbacks if it is
Complies. The proposed uses will be within a new
determined that it is necessary or desirable for the
shopping center which provides a minimum of 25-foot
protection of the public health, safety or welfare or to
setback from all property lines. The site is also
insure the compatibility of uses on contiguous
separated from nearby uses by MacArthur Blvd. and
properties.
Bison Avenue. More restric" setbacks are not
necessary in stairs opinion.
Off -sheet
Off- street parking in accordance with the provisions of
Compiles. The site provides 481 parking spaces for all
Parkfng:
Chapter 20.66 of the Municipal Code
uses which exceed the 469 spaces required. The 5,269
square foot restaurant is included within the originally-
approved 32,150 square feet of restaurant uses and will
not impact the required parking total, therefore adequate
parking will be provided in accordance with the Bonita
Canyon PC Text
Circulation:
Parking areas and driveways to facilitate traffic and
Complies. The traffic circulation has been reviewed by
circulation of vehicles on and around the facility and to
the City Traffic Engineer in conjunction with the approval
provide adequate sight clearances.
of the original construction of the site.
Watis.,
A solid masonry wall 6 feet high shall be erected on all
Waiver. The she has no interior lot lines as the site is
interior property lines of the subject property. Walls 3
bounded by MacArthur Blvd., Bison Ave. and the San
feet in height shall be erected between the on-site
Joaquin Hills Transportation Corridor. Screening of
parking areas and the public dghW- -way.
parking areas is proposed to be accomplished by use of
landscaping and earth berms as opposed to walls. Staff
recommends waiving the 3 foot high wall requirement
Landscaping:
10% of entire site, 3 foot wide landscape area shall be
Complies. A concepkial landscaping plan was approved
provided to screen the parking area from the public
with the Site Plan Review application. The plan has 67%
right -of -way. A 3 foot wide landscape area adjacent to
of the site landscaped with the majority of the
the interior property lines shall be provided.
landscaping in a wildlife mitigation area to the northeast
of the center abutting the San Joaquin Transportation
Corridor. Landscaping within the developed area
exceeds 10% although the exact percentage is not
known. The landscape plan includes the use of 24 -inch
box trees throughout the parking lot, and a 25 -foot wide
landscape ship along both street frontages.
Lighting:
Parking lot and site illumination height and intensity; to
Complies. The proposed lighting plan was reviewed and
minimize the reflection of lights to the streets and
approved with Site Plan Review No. 2001 -001. No
neighboring properties.
additional lighting is proposed in conjunction with the
proposed food uses.
1.00 fes
All utilities required to be undergrounded.
Complies. Utilities are required to be underground
pursuant to Site Plan Review No. 2001 -001. No above
round utility connections are proposed.
Supply Storage
Supply storage to be contained within a building.
Complies. No outdoor storage of supplies is permitted.
Islands Restaurant (PA2003 -007)
May 8, 2003
Page 4 of 7
As noted above, the original approval under Site Plan Review No. 2001 -001 allocated a
total of 32,150 square feet to food uses within the center, of which 11,225 square feet is
for restaurant uses, with the balance for fast food uses. If the Planning Commission
approves this request, 5,965 square feet will remain within the center for restaurant
uses (11,225 sq.ft. - 5,296 sq.ft. = 5,965 sq.ft.).
Alcoholic Beverage Outlet (ABO) Ordinance
The ABO requires the Planning Commission to consider the following:
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 countywide 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.
Public Convenience or Necessity. The service of alcoholic beverages in conjunction
with a full - service restaurant is typical and often expected by the public. Approval of the
sale of alcohol will serve the public's convenience as opposed to the public necessity.
Crime Rate. Citywide, there were 6,979 crimes reported during calendar year 2002, of
which 3,092 were Part One Crimes (serious offenses). The remaining 3,887 were Part
Two Crimes that include alcohol related arrests. The project site is located within Police
Reporting District No. 54, and the part one crime rate for the RD, two adjacent RD's,
City, California and National averages are shown in the following table for comparison.
RD No. 54:
. .. REQUIREMENT.:.
.. ,: - -. .. "'- PROPOSED ... .: ..; .
Refuse Storage
Refuse storage outside of a building shall be hidden
Complies. Trash storage areas are located within 3
1 California:
from view by a solid masonry wall 6 feet in height with
enclosed service areas located at the rear of the
2446.70
set - locking gates.
proposed shopping center. Additional storage is
accommodated within the proposed buildings to
accommodate the proposed restaurants.
As noted above, the original approval under Site Plan Review No. 2001 -001 allocated a
total of 32,150 square feet to food uses within the center, of which 11,225 square feet is
for restaurant uses, with the balance for fast food uses. If the Planning Commission
approves this request, 5,965 square feet will remain within the center for restaurant
uses (11,225 sq.ft. - 5,296 sq.ft. = 5,965 sq.ft.).
Alcoholic Beverage Outlet (ABO) Ordinance
The ABO requires the Planning Commission to consider the following:
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 countywide 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.
Public Convenience or Necessity. The service of alcoholic beverages in conjunction
with a full - service restaurant is typical and often expected by the public. Approval of the
sale of alcohol will serve the public's convenience as opposed to the public necessity.
Crime Rate. Citywide, there were 6,979 crimes reported during calendar year 2002, of
which 3,092 were Part One Crimes (serious offenses). The remaining 3,887 were Part
Two Crimes that include alcohol related arrests. The project site is located within Police
Reporting District No. 54, and the part one crime rate for the RD, two adjacent RD's,
City, California and National averages are shown in the following table for comparison.
RD No. 54:
4135.02
1 City rage:
4086.60
RD No. 51:
955.01
1 California:
3902.90
RD No. 36:
2446.70
1 National:
4160.50
During 2002, the number of Part One Crimes in RD No. 54 was 49 and the number of
Part Two Crimes was 47. Adjacent Reporting Districts are Nos. 51 and 36. RD No. 51
had 38 Part One and 35 Part Two Crimes; and RD No. 36 had 107 Part One and 106
Part Two Crimes. A map of the reporting districts is attached to the Police Report
(Exhibit No. 3). The number of total crimes reporting within the RD of the subject project
site is slightly higher than RD No. 51, and is lower than RD No. 36. The 96 total crimes
Islands Restaurant (PA2003 -007)
May 8, 2003
Page 5 of 7
are approximately 52.2% lower than the average crimes reported by reporting district.
The Police Department notes that the actual amount of crimes in the area is not
considered significant, and they do not anticipate any increase in the crime rate due to
the change in license type and they have no serious objections to the proposed
operation.
Over Concentration. There is one active alcoholic beverage license in. police Reporting
District No. 54. Other licenses are anticipated in conjunction with the other proposed
restaurants to be located within the center. However, the potential number of such
licenses are not considered excessive, and there is not an over concentration of
licenses within the area.
Alcohol - Related Crimes. The Police Department has provided statistics for driving
under the influence and plain drunk arrests. There were 9 driving under the influence
arrests and 3 plain drunk arrests within RD No. 54 (totaling 12 DUI /Drunk arrests)
during this same period as compared to 1,608 for the entire City. This RD amounts to
0.7% of the DUI /Drunk arrests made in the City. RD No. 51 had 11 DUI /Drunk arrests
and RD No. 36 had 27 DUI /Drunk arrests. The rate within RD No. 54 is lower than the
citywide average and the adjacent RD No. 36; but slightly higher (by one arrest) than
the adjacent RD No. 51. The Police Department does not believe that the proposed
use will generate a significant number of alcohol- related incidents.
Adjacent Uses. The site is located within The Bluffs Shopping Center,, which is
currently under construction. The San Joaquin Hills Transportation Corridor and Bonita
Creek Channel are located to the northeast. A commercial shopping center is located
to the west across McArthur Boulevard. The nearest residential uses are the multiple
family units located on a bluff approximately 400 feet to the south across Bison Avenue,
and the multiple- family units located approximately 400 feet to the west across
McArthur Boulevard. No sensitive land uses such as schools, play grounds or hospitals
are within close proximity to the site.
Conclusion: The Police Department has reviewed the Use Permit application and has
determined that no additional conditions related to design and security are required,
and the Department recommends nine standard conditions related to the sale and
consumption of alcohol to ensure compatibility of the use with its .environs. These
conditions are routinely required of alcoholic beverage outlets and are contained within
the draft resolution for project approval. Upon project approval, the Police Department
will transmit the conditions of approval related to the service of alcohol to the State
Department of Alcoholic Beverage Control (ABC) consistent with this Use Permit.
Environmental Review:
The original project consisting of the 52,000 square foot shopping center was approved
under Environmental Impact Report No. 156, prepared and certified for the Bonita
Canyon Planned Community. This project is consistent with the project approved under
Site Plan Review No. 2001 -001 in that the 5,269 square -foot restaurant is within the
Islands Restaurant (PA2003 -007)
May 8, 2003
Page 6 of 7
allocation of 32,000 square feet of restaurant uses approved under that Site Plan Review.
Therefore, staff has determined that the project is categorically exempt under the
requirements of the California Environmental Quality Act under Class 1. Class 1
exemptions include new construction and conversion of small structures.
Public Notice:
Notice of this hearing was published in the Daily Pilot with the agenda, 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.
Alternatives:
Should the Planning Commission believe the project will be detrimental to the
community, the Commission can suggest further conditions to mitigate specific
concerns related to the proposed restaurant use and/or service of alcohol.
CONCLUSION:
The proposed restaurant is consistent with the approvals for The Bluffs Retail Center,
and is within the restaurant floor areas approved for the center. In addition, it is staff's
opinion that the mandatory findings for the use permit can be met. Therefore, staff
recommends that the Planning Commission approve the Use Permit, subject to the
conditions contained in the attached draft resolution.
Submitted by:
PATRICIA L. TEMPLE
Planning Director_
EXHIBITS
Prepared by:
William Cunningham
Contract Planner
1. Draft Resolution for project approval (including conditions)
2. Applicant's project description
3. Police Department report
4. Floor Plans and Elevations
Islands Restaurant (PA2003 -007)
May 8, 2003
Page 7 of 7
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -011 FOR PROPERTY LOCATED AT 1380 BISON
AVENUE (PA2003 -007).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Islands Restaurant, with respect to property
located at 1380 Bison Avenue, requesting approval of Use Permit No. 2003 -011 for a Type 47
(On -Sale General- Eating Place) alcoholic beverage license pursuant to the Alcoholic Beverage
Outlet Ordinance (ABO). The site is designated Retail & Service Commercial by the General
Plan Land Use Element and Bonita Canyon Planned Community (PC -50) by the Zoning Code.
Section 2. A public hearing was held on May 8, 2003 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was given. Evidence, both written and oral, was presented to and considered
by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
The City's General Plan designates the site as Retail & Service Commercial. The Zoning
Code designates the site as Bonita Canyon Planned Community (PC -50), which
designates the site for commercial uses. Eating and Drinking Establishments are
permitted uses within the General Plan and the Zoning Code designations.
2. The proposed location of the eating and drinking establishment with beer and wine sales,
operated under the conditions of the attached approval, is 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, for the
following reasons:
a. The restaurant uses will be located within a shopping center designated for such
development. The Retail Service and Commercial designation of the General Plan
allows eating and drinking establishments.
b. The shopping center does not abut sensitive land uses and is separated from other
uses by roadways.
c. Provided parking (481 spaces) exceeds required parking (469 spaces.)
d. The authorized uses are not bars, taverns, cocktail lounges, nightclubs or
establishments where live entertainment, recreational entertainment or dancing is
provided. The City has experienced land use conflicts, nuisance issues and police
issues with these types of uses in the past. Avoidance of these uses will minimize
potential land use conflicts, nuisances and policing issues.
Exhibit No. 1
Planning Commission Resolution No.
2 of 7
3. The service and consumption of alcohol at the proposed restaurant pursuant to a Type 47
Department of Alcoholic Beverage Control license, under the conditions which it will be
operated and maintained will not be detrimental to the public health, safety, peace,
morals, comfort, or welfare of persons residing or working in or adjacent to the
neighborhood of such use; and will not be detrimental to the properties or improvements
in the vicinity or to the general welfare of the City for the following reasons:
a. The convenience of the public will be served as alcohol service is typical and expected
by the public in conjunction with a full - service restaurant;
b. The crime rate and alcohol- related incidents in the police reporting district and adjacent
reporting districts is not likely to increase because of the proposed use;
c. The number of alcohol licenses within the reporting district is increasing by one, and
the total number of existing and proposed new alcoholic licenses in the area is not
excessive;
d. There are no sensitive uses such as day care centers, schools, or park and recreation
facilities in the vicinity of the project site;
e. The use has been conditioned in such a manner to minimize the impacts associated
with the sale of alcoholic beverages upon nearby uses and the community.
4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 1 (New Construction /Conversion of Small
Structures). This exemption allows for the operation, repair, maintenance and minor
alteration of existing buildings.
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Use Permit No. 2003 -011, subject to the Conditions set forth in Exhibit "A."
Section 5. This action shall become final and effective fourteen days after the adoption
of this Resolution unless within such time an appeal is filed with the City Clerk or this action is
called for review by the City Council in accordance with the provisions of Title 20, Planning and
Zoning, of the Newport Beach Municipal Code.
VO
Planning Commission Resolution No.
PASSED, APPROVED AND ADOPTED THIS 8"' DAY OF MAY, 2003.
AYES:
EXCUSED:
NOES:
M
Steve Kiser, Chairman
BY:
Shant Agajanian, Secretary
3of7
Planning Commission Resolution No.
Page 4 of 7
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003-011
Use Permit No. 2003 -011 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, or an
extension is otherwise granted.
2. 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
their receipt and acceptance of the limitations, restrictions and conditions of approval of
this Use Permit.
3. 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.
4. The project shall be in substantial conformance with the approved plot plan, floor plan
and elevations dated February 25, 2002 (revised).
5. The delivery of alcoholic beverages for consumption off- premises is prohibited.
6. There shall be no live entertainment and /or dancing at any time
7. 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.
8. 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.
9. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 47 for full alcohol service for on -site consumption
I;L
Planning Commission Resolution No.
5 of 7
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.
10. 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.
11. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of this restaurant business that would attract large
crowds, involve the sale of alcoholic beverages, include any form of on -site media
broadcast, or any other activities as specked in the Newport Beach Municipal Code to
require such permits.
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 a Special Event Permit issued by
the City.
13. 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.
14. 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.
15. The operator of the facility shall be responsible for the control of noise generated by the
subject facility. Pre- recorded music may be played in the interior and patio dining areas,
provided 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 specked time periods unless the ambient noise level is higher:
13
Between the hours of
Between the hours of
7:OOAM and
10:OOPM and
10:OOPM
TOOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
45dBA
6OdBA
45dBA
5odBA
property
Mixed Use Property
45dBA
60dBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
N/A
60dBA
13
Planning Commission Resolution No.
6 of 7
16. There shall be no exterior advertising or signs of any kind, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages.
17. The traffic signal modifications for the entryway to the shopping center shall be
completed and fully operational prior to issuance of the Final Certificate of Occupancy
for the restaurant.
18. No temporary "sandwich signs," balloons or similar temporary signs shall be permitted,
either on -site or off -site, to advertise the food establishment, unless specifically
permitted.
19. All employees shall park on -site.
20. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter
10.26 of the Newport Beach Municipal Code, Community Noise Control.
21. Grease interceptors shall be installed on all fixtures in the restaurant where grease
may be introduced into the drainage systems, unless otherwise approved by the
Building Department and the Public Works Department.
22. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of
the Building Department.
23. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
24. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self - contained
dumpsters or 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).
25. A covered wash -out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall
be provided, and the area shall drain directly into the sewer system, unless otherwise
approved by the Building Director and Public Works Director in conjunction with the
approval of an alternate drainage plan.
26. The reciprocal arrangement for ingress, egress and parking that applies to the subject
property shall remain in effect for the duration of this food use.
27. The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach
Municipal Code for commercial kitchen grease disposal.
0
Planning Commission Resolution No.
Page 7 of 7
28. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this use permit.
29. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a gate,) or otherwise screened from view of neighboring
properties, except when placed for pick -up by refuse collection agencies. The trash
dumpsters shall have a top, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
30. All signs shall conform to the provisions of the Bonita Canyon Planned Community
District regulations and Chapter 20.67 of the Newport Beach Municipal Code, where
applicable.
31. 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.
32. 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.
33. Full menu food service items shall be available for ordering at all times that the restaurant
establishment is open for business.
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EXHIBIT 2
APPLICANT'S PROJECT DESCRIPTION
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Project Description
Proposed Islands Restaurant
1380 Bison Avenue
The Bluffs Retail Center
Newport Beach, CA
Islands Restaurant is requesting a Use Permit to allow an eating and drinking
establishment with alcohol service limited to on -site consumption for a sit down,
low turnover restaurant. The application includes a request to allow the sale of
alcohol both inside the restaurant and outside on the patio at all times the
restaurant is open for business.
islands Restaurant proposes to operate a 5,269 S.F. restaurant within a
freestanding shell building in The Bluffs Retail Center. The site is suitable and
adequate for the proposed use. On -site parking is in common with the entire
center, circulation and landscaping are provided in accordance with City
standards.
Hours and days of Operation.
Monday through Friday: 11:00 a.m. to 12:00 a.m.
Saturday: 11:00 a.m. to 1:00 a.m.
Sunday: 11:00 a.m. to 12:00 a.m.
Islands will serve a full menu of food and sale of alcoholic beverages at all times,
in all areas of the restaurant when open. Islands intends to have a total of 211
seats (interior) in restaurant. There will be 32 seats on the outdoor patio
dedicated to Islands.
Islands Restaurant will have 18 employees per shift, they include: Kitchen Crew,
Host/Hostess, Wait Staff and Bartenders, there are two shifts per day.
Islands NB Project Description 030303revised.doc 1 U
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City of Newport Beach
Police Department
Memorandum
April 10, 2003
TO: Bill Cunningham - Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Islands Restaurant UP2003 -011 (PA2003 -007)
Per your request our office has reviewed the project request for Islands Restaurant, located at
1380 Bison Avenue, Newport Beach. This business will be approximately 5,269 square feet
and located within The Bluffs Retail Center. The restaurant will have a bar area with
approximately 13 seats and includes an outdoor dining area with 32 seats. The interior
dining areas have a total of 211 seats. There will be no dancing.
Restaurant representative Ms. Nancy Patterson states that upon the approval by the Planning
Commission, the applicant will apply for a premise -to- premise transfer of a Type 47 (On -Sale
General- Eating) Place license with the Department of Alcoholic Beverage Control. The menu
will consist of "Fine Burgers & Spirits' and will cater to local residents and visitors to the
area. The applicant would like to have pre- recorded background music both inside the
restaurant and on the patio.
For police services information refer to the attached report by Crime Analyst Paul Salenko.
Applicant History:
In 1982, the first Islands Restaurant was founded in West Los Angeles, CA and has grown to
thirteen in southern California. Islands Restaurants is continuing to grow with a "diverse
menu, complemented by fun and casual settings."
Signs and Displays
Any signs and displays would need to conform to city requirements. There shall be no
exterior advertising or signs of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages. Interior
displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall
constitute a violation of this condition.
p
Islands Restaurants
UP2003 -011 (PA2003 -007)
Page 2 of 3
Hours of Operation
The intended hours of operation are from 11:00 am to 1:00 am daily, patio closing at 11:00 pm
daily.
Preventive Design
The Police Department has no recommendations.
Securi
Ms. Nancy Patterson stated that they will have an alarm system.
Employee Training
Require all owners, managers and employees serving and/or selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible methods and
skills for serving and selling alcoholic beverages.
Additional Comments:
The Police Department has no objection to the operation as described by the applicants and,
upon approval of the CUP, will condition the ABC license as necessary to maintain to
maintain the health, safety and welfare of the community.
For the purposes of this application, staff may also want to consider establishing conditions
that would require Special Event Permit. A Special Event Permit may be required for any
event or promotional activity outside the normal operational characteristics of the proposed
operation. For example, events likely to attract large crowds, or events for which an
admission fee is charged, those that include any form of party of contract promoters, or any
other activities as specified in the Newport Beach Municipal Code to require such permits. It
may also be appropriate to establish conditions that would address possible future uses in
the event this business evolves towards a traditional bar -type establishment.
In addition the Police Department believes the following condition would be appropriate for
the Conditional Use Permit for the business:
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.
2. 1 o alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
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Islands Restaurants
UP2003 -011 (PA2003 -007)
Page 3 of 3
3. No "happy hour type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
4. 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. Petitioner shall not share any profits, or pay any percentage or commission to a promoter
or any other person, based upon moneys collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink orders or the sale of drinks.
6. 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.
7. 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.
8. There shall be no dancing allowed on the premises.
9. There shall be no live entertainment of any type on the premises at any time.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
CSO Susan Seviane
Vice and Intelligence Unit
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City of Newport Beach
Police Department
Memorandum
April 10, 2003
TO: Bill Cunningham, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Islands Restaurant at
1380 Bison Ave. This area encompasses our reporting district (RD) number 54 as well as part
of Census Tract 626.18. This report reflects City of Newport Beach data for calendar year
2002, which is the most current data available.
Calls for Service Information
City wide there were 59,182 calls for police services during this time, of which 564 were in
RD 54. A "call for service" is, any contact of the police department by a citizen which results
in the dispatching of a unit or causes the contacted employee to take some sort of action,
such as criminal investigations, alarm responses, traffic accidents, parking problems, and
animal control calls, etc.
Crime Information
There were 6,979 crimes reported to the Newport Beach Police Department during this
period. Of this total, 3,092 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
3,887 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 4,086.60 per 100,000 people. The national Part One crime rate was 4,160.5* per
100,000 people.
Crimes
RD 54
Newport Beach
California*
National*
Part 1
49
3,092
1,346,557
11,849,006
Part 2
47
3,887
N/A
N/A
Part 1Crime Rate
4,135.02
4,086.60
3,902.9
4,160.5
The number of active ABC licenses in this RD is 1 **
This reporting district had a total of 96 reported crimes as compared to a City wide reporting
district average of 184 reported crimes. This reporting district is 88 crimes or 43.73% below
the City wide reporting district average. This location is not within an area where the
number of crimes is at least 75% higher than the average of all reporting districts in the City
as outlined in the City Council "K -7' policy.
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Arrest Information
There were 9 DUI arrests and 3 Plain Drunk arrests in this area during this same period as
compared to 1,608 for the entire city. This RD amounts to .68 % of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests
RD 54
Newport Beach
California*
National*
(DUI /Drunk)
12
1,608
N/A
N/A
All Arrests
28
4,158
1,415,129
9,322,324
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 11 and RD 13.
Crimes
RD 51
RD 36
Part 1
38
107
Part 2
35
106
Crime Rate
955.01
2,446.7
Arrests (DUI/Drunk)
11
27
All Arrests
31
83
Calls For Service
1,052
2,240
Number of active ABC licenses
0 **
11 **
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 75,645.
*These numbers are from the 2001 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.
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
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