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HomeMy WebLinkAbout10 - Crow Burger Appeal - PA2010-155�tiwPOgr CITY OF e NEWPORT BEACH C�� %FOANP City Council Staff Report Agenda Item No. 10 March 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Joel Fick, Interim Community Development Director 949 - 644 -3226, jfick @newportbeachca.gov PREPARED BY: Makana Nova, Assistant Planner APPROVED: V TITLE: Crow Burger Kitchen Minor Use Permit (PA2010 -155) ABSTRACT: An appeal of the Planning Commission's approval of Minor Use Permit No. UP2010 -036 allowing an eating and drinking establishment with a covered outdoor dining patio with a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. RECOMMENDATION: 1) Conduct a public hearing; and 2) Determine the appropriate limit on the service of alcoholic beverages on the outdoor patio ranging from 8:00 p.m. to 11:00 p.m.; and 3) Adopt Resolution No. _ approving Minor Use Permit No. UP2010 -036 subject to findings and conditions included within the draft resolution (Attachment No. CC 1). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Project Description The applicant requests approval of a minor use permit to allow a small restaurant within "The Landing" shopping center that is currently undergoing renovation. The shopping center is located at the intersection of Newport Boulevard and 32nd Street. Crow Burger Kitchen Minor Use Permit (PA2010 -155) March 22, 2011 Page 2 VICINITY MAP Project Site _§. f GENERAL PLAN ZONING 1 ..;.{4. i �� - LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE CN (Neighborhood CN (Commercial Vacant Commercial Neighborhood) NORTH RT (Two -Unit R -2 (Two -Unit Single -unit and two -unit Residential ) Residential ) dwellings PF (Public Facilities) PF (Public Facilities) Retail, public parking lot, SOUTH and RT (Two -Unit and R -2 (Two -Unit and single -unit and two -unit Residential Residential ) dwellin s EAST CV (Visitor Serving CV (Visitor Serving Retail Commercial Commercial WEST RT (Two -Unit R -2 (Two -Unit Single -unit and two -unit Res idential Residential dwellin s it Crow Burger Kitchen Minor Use Permit (PA2010 -155) March 22, 2011 Page 3 The restaurant would occupy 1,878 square feet of gross floor area with an interior net public area of 650 square feet and an outdoor dining patio of 259 square feet in area. The establishment will provide 42 seats within the interior space and 22 seats on the outdoor dining patio. The applicant requests operating hours of 9:00 a.m. to 11:00 p.m., daily, for the interior of the establishment and 9:00 a.m. to 11:00 p.m., daily, for the outdoor dining patio. Zonina Administrator Action The Zoning Administrator held a public hearing on January 13, 2011. The application was continued to January 27, 2011, to allow the applicant time to provide a noise summary that analyzed potential noise from the outdoor patio. The Zoning Administrator approved the application as requested on January 27, 2011 (Attachment Nos. CC 2 and 3) while closing the outdoor patio at 10:00 p.m. based upon a recommendation from the Police Department. On February 7, 2011, Planning Commissioner Unsworth appealed the Zoning Administrator's action citing the process by which the project was approved, concerns about the service of alcoholic beverages on the outdoor dining patio, and the applicability of the newly enacted Operator License Ordinance (Attachment No. CC 4). On February 9, 2011, Planning Commissioner Hawkins filed a second appeal (Attachment No. CC 5) also citing the process by which the use permit was approved and concerns about the service of alcoholic beverages on the outdoor patio. Additionally, the appeal was based upon the applicability of Section 20.48.030 (Alcohol Sales) of the Zoning Code, and questions regarding the overall square footage and parking. Planning Commission Action The Planning Commission held a public hearing on March 3, 2011. During the hearing, each of the points raised in the appeals were discussed and addressed by staff. The design and use of the outdoor patio was of concern. The Commission discussed the adequacy of the 36 -inch high railing that would separate the outdoor dining area from the walkway that fronts the shops. Concern was raised about noise emanating from the patio area and the interior of the establishment given that most of the storefront would open to the patio. Additionally, some Commissioners were concerned about the possibility of passing alcoholic beverages to minors over the railing given that during the summer months, numerous minors are known to congregate in the center. Lastly, the Commission was concerned about the proposed establishment contributing to alcohol - related crimes and nuisances within Police Reporting District No. 15. This reporting district has a higher than average concentration of alcoholic beverage licenses within the City and it has higher than average alcohol - related crimes within the City. J Crow Burger Kitchen Minor Use Permit (PA2010 -155) March 22, 2011 Page 4 The Planning Commission approved the application as requested; however, they limited alcohol service on the outdoor dining patio between 9:00 a.m. and 8:00 p.m., daily, due to concerns about noise and to ensure the compatibility of the patio with residential properties located approximately 225 feet to the north across 32nd Street. The staff report, resolution, and draft minutes from the Planning Commission Meeting have been attached for reference (Attachment Nos. CC 6, 7, and 8). The Appeal On March 6, 2011, Council Member Rosansky filed an appeal requesting review of the limitation placed on alcohol service on the outdoor patio (Attachment No. CC 8). Pursuant to Section 20.64.030.0 of the Zoning Code, a public hearing on an appeal is conducted "de novo ", meaning that it is a new hearing and the prior decisions to approve the application by the Zoning Administrator and Planning Commission have no force or effect. The City Council is also not bound by the Zoning Administrator's or Planning Commission's prior decision and it not limited to the issues raised by Council Member Rosansky in the appeal. Alcohol Service The proposed restaurant is relatively small, serves beer and wine, and does not provide a physical bar area. The establishment would close at 11:00 p.m. and the outdoor patio would close at 10:00 p.m. Based upon these facts, the Police Department and Planning Division staff do not believe the establishment will exacerbate alcohol - related incidents within the area. Potential land use and noise conflicts were analyzed in addition to the potential for an increase in demand on police services. The conditions of approval in the draft resolution reflect the standards recommended by both departments to reduce the potential impacts of alcohol service on the outdoor patio to the greatest extent possible. During public testimony, members of the public expressed concern about the establishment of a new alcoholic beverage outlet in the area; however, those concerns are reduced due to the proposed operational characteristics of the use and the limited overall operating hours (the establishment is not a late -night operation). The service of alcohol within outdoor dining patios is characteristic of many restaurants within the City that serve alcohol. As required by Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code, the applicant will provide a 36 -inch high railing between the outdoor patio area and adjacent walkway. The Commission considered requiring a taller and transparent railing that, theoretically, would reduce noise. A taller barrier would also more effectively reduce the potential to pass alcoholic beverages to persons outside the patio. The Commission consulted the expertise of the Police Department, staff, who expressed a lack of concern about passing alcoholic beverages over the proposed railing to minors. Ultimately, the Commission did not Co Crow Burger Kitchen Minor Use Permit (PA2010 -155) March 22, 2011 Page 5 require the taller barrier so as not to negatively impact the dining experience. The Commission limited the service of alcohol on the patio to conclude at 8:00 p.m. due to noise concerns and to promote the compatibility of land uses. Should the City Council choose. to approve the application, the Council should determine appropriate hours for the service of alcoholic beverages on the patio ranging from 8:00 p.m. based upon the Planning Commission's action, 10:00 p.m. based upon the Zoning Administrator's action, or 11:00 p.m. based upon the applicant's original request. Alternatives The City Council may revise conditions of approval or deny the application. Should the City Council choose to deny the application, staff will return with a revised resolution. ENVIRONMENTAL REVIEW: Proiect is Exempt from CEQA Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15303 (Class 3, New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. This exemption also includes accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed project involves the establishment of a restaurant in an existing tenant space and the construction of a new outdoor dining patio. The proposed use is less than 2,500 square feet. Therefore, both the interior use and outdoor dining patio qualify for a categorical exemption under Class 3. NOTICING: 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. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Crow Burger Kitchen Minor Use Permit (PA2010 -155) March 22, 2011 Page 6 Submitted by: Joel Fick Interim Community Development Director Attachments: CC 1 Draft Resolution CC 2 Zoning Administrator Staff Report CC 3 Zoning Administrator Action Letter CC 4 Commissioner Unsworth's Memorandum Requesting Appeal CC 5 Commissioner Hawkins' Memorandum Requesting Appeal CC 6 Planning Commission Staff Report CC 7 Planning Commission Resolution CC 8 Planning Commission Minutes CC 9 Council Member Rosansky's Memorandum Requesting Appeal CC 10 Public Comment Letters CC 11 Acoustical Summary CC 12 Alcohol Related Statistics CC 13 Newport Beach Reporting Districts CC 14 Police Department Recommendation CC 15 The Landing Square Footage Tracking Tables CC 16 Project plans ■ Attachment No. CC 1 Draft Resolution ,I #0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2010 -036 TO ALLOW A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH NO LATE HOURS, A COVERED OUTDOOR PATIO, AND A TYPE 41 (ON SALE, BEER AND WINE, EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE LOCATED AT 3107 NEWPORT BOULEVARD (PA2010 -155). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Steve Geary, with respect to property located at 3107 Newport Boulevard, and legally described as Lots E, F, and H on Parcel Map, as per map filed in book 32, page 41 of Parcel Maps, in the office of the County Recorder in the County of Orange, together with that portion of Lake Avenue shown as Parcel "G" on said Parcel Map, vacated and abandoned by Resolution No. 1012 of the City Council of Newport Beach, recorded May 15, 1981 as Instrument No. 40308 in book 14079, page 939 of official records in the office of said County Recorder, also together with a portion of Section 28, Township 6 south, range 10 west, San Bernardino Meridian, as per Parcel Nos. 1, 2, and 3 of the official plat filed in the district land office August 4, 1980 requesting approval of a minor use permit. 2. The applicant proposes a food service, eating and drinking establishment with no late hours, a covered outdoor patio, and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The proposed gross floor area of the establishment is 1,878 square feet, the interior net public area is 650 square feet, and the outdoor patio is 259 square feet in area. The establishment provides a maximum of 42 interior seats and 22 seats on the outdoor dining patio. The hours of operation are from 9:00 a.m. to 11:00 p.m., daily, for the interior of the establishment and from 9:00 a.m. to 11:00 p.m., daily, for food and alcohol service on the outdoor dining patio. 3. The subject property is located within the Commercial Neighborhood (CN) zoning district and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN). 5. A public hearing was held by the Zoning Administrator on January 13, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Zoning Administrator continued Use Permit No. UP2010 -036 to a date certain on January 27, 2011. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. City Council Resolution No. _ Page 2 of 15 6. A public hearing was held by the Zoning Administrator on January 27, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Zoning Administrator approved Use Permit No. UP2010 -036 based on the findings and conditions of approval contained in the Zoning Administrator Action Letter. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 7. On January 27, 2011, the Zoning Administrator's decision to approve Use Permit No. UP2010 -036 was appealed by Planning Commissioner Charles Unsworth. The appeal was filed to review the process by which the use permit was approved, alcohol service on the outdoor dining patio, and the applicability of the operator's license ordinance. 8. On February 9, 2011, the Zoning Administrator's decision to approve Use Permit No. UP2010 -036 was further appealed by Planning Commissioner Robert Hawkins. The appeal was filed to review the process by which the use permit was approved, alcohol service on the outdoor dining patio, the applicability of the operator's license ordinance, the required findings for the subject application, and a typographical error in the Zoning Administrator Action Letter. 9. At a noticed public hearing held on March 3, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, the Planning Commission considered the application, plans, and written and oral evidence presented at this meeting, and approved Use Permit No. UP2010 -036 based on the findings and conditions of approval in the Planning Commission Resolution. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 10. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. 11. On March 6, 2011, the Planning Commission's decision to approve Use Permit No. UP2010 -036 was appealed by City Council Member Steven Rosansky. The appeal was filed to review the authorized hours for alcohol service on the outdoor dining patio. 12. The City Council held a public hearing on March 22, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The City Council considered evidence, both written and oral presented at this meeting. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. FAUsers\PLN \Shared \PA's \PAs - 2010\PA2010 -062 City Council Resolution No. _ Page 3 of 15 13. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3, (New Construction or Conversion of Small Structures). The Class 3 exemption includes a store, motel, office, restaurant or similar structure not involving significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. This exemption also includes accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed project involves the establishment of a restaurant in an existing retail tenant space and the construction of a new outdoor patio. The proposed use is less than 2,500 square feet. Therefore, proposed use and outdoor patio qualifies for a categorical exemption under Class 3. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Subsection 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Findin A -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of beer and wine is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding B. ... The use is consistent with the General Plan and any applicable specific plan. FAUsers \PLN \SharedXPNs\PAs - 2010\PA2010 -062 (j City Council Resolution No. _ Page 4 of 15 Facts in Support of Finding B -1: "= The General Plan land use designation for this site is CN (Neighborhood Commercial). The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to serve the needs of and maintain compatibility with residential uses in the immediate area. An eating and drinking establishment with alcohol sales and accessory outdoor dining is a consistent use within this land use designation. Restaurant uses can be expected to be found in this area and similar locations and are complimentary to the surrounding commercial and residential uses. B -2. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents alike. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The new establishment will improve and revitalize the existing retail building and the surrounding neighborhood. B -4. The subject property is not part of a specific plan area. Findinq C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding C -1. The site is located in the CN (Commercial Neighborhood) Zoning District. The CN zoning district is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed food service, eating and drinking establishment with beer and wine alcohol service and an outdoor patio is consistent with land uses permitted by the CN Zoning District. Findinq D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Findinq D =1. The operation of the interior of the restaurant will be restricted to the hours between 9:00 a'm. and 11:00 p.m., daily. The operation of the outdoor patio will be restricted to the hours between 9:00 a.m. and 10:00 p.m., daily. FAUsers\PLN \Shared\PA's\PAs - 2010 \PA2010 -062 City Council Resolution No. — Page 5 of 15 D -2. A restaurant has been operated in this location since 1971 pursuant to Use Permit No. -1551 and has not proven detrimental to the area. The tenant space within the shopping center has operated as an eating and drinking establishment in the past and demonstrated the location's capability of operating as a compatible use with other land uses in the vicinity. D -3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The restaurant is oriented toward the parking lot and is located approximately 225 feet from residential properties across 32nd Street. The use permit has been conditioned to require the folding doors and the outdoor patio area to be closed by 10:00 p.m. so that the establishment will comply with exterior noise standards and shield the restaurant activity from the residential uses across 32nd Street. The applicant is also required to control trash and litter around the subject property. D -4. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has. been conditioned to ensure the welfare of the surrounding community so that the business remains a restaurant and does not become a bar or tavern. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. D -5. The applicant is required to install a grease interceptor, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. Findinq E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding E -1. The project site is located within an existing retail building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. E -2. Adequate public and emergency vehicle access, public services, and utilities are provided within the renovated shopping center. E -3: The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. F:1Users\PLNMared \PA's1PAs - 2010 \PA2010 -062 6 City Council Resolution No. _ Page 6 of 15 Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding F -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. The outdoor patio and louvered folding doors must be closed by 10:00 p.m. to limit the exterior noise to the surrounding residents. F -2. The food service, eating and drinking establishment will serve the surrounding residential community. The proposed establishment will provide dining services as a public convenience to the surrounding neighborhood. This will revitalize the project site and provide an economic opportunity for the property owner to update the retail tenants and services, which best serve the quality of life for the surrounding residential community, SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: SECTION 1: The City Council of the City of Newport Beach does hereby approve Use Permit No. UP2010 -036 subject to the conditions contained in Exhibit "A," which is attached hereto and incorporated by reference. SECTION 2: This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 22 "d day of March, 2011, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS FAUsers \PLN \Shared\PA's\PAs - 2010 \PA2010 -062 City Council Resolution No. Page 7 of 15 MAYOR . ..................... ATTEST: CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Attorney For the City of Newport Beach FAUsers \PLN \SharedlPA's\PAs - 20101PA2010 -062 City Council Resolution No. Page 8 of 15 EXHIBIT "A" CONDITIONS OF APPROVAL .. (Project- specific conditions are in italics) Planning Department Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This Use Permit may be modified or revoked by the City Council, Planning Commission, or Zoning Administrator should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. 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. 4. 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. 5. Use Permit No. UP2010 -036 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 6. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. 9. Prior to the issuance of a buildinq permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. F: \Users \PLMShared \PA's\PAs - 2010TA2010 -062 C) City Council Resolution No. _ Page 9 of 15 10. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the outdoor dining area in excess of 25 percent of the interior net public area in accordance with Chapter 15.38 of the Newport Beach Municipal Code, 11. A copy of this approval letter shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 12. The hours of operation for the interior of the eating and drinking establishment are limited from 9:00 a.m, to 11:00 p.m., daily. The hours of operation for the outdoor patio are t A -M000r paflo are htnited from 9 00 a m:= to _ p al m dally All activities within the outdoor dining area, including cleanup activities, shall cease at the specified closing hour and no later. 13. The doors to the outdoor patio area shall be closed by 10:00 p.m., daily, to limit the impact of interior noise to residents in the vicinity. 14. [deleted] 15. Live entertainment and dancing shall be prohibited as a part of the regular operation. 16. 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. 17. The patio floor area in excess of the 25 percent allowance will be deducted from the 15 percent of gross floor area limitation for eating and drinking establishment uses. 18. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. 19. The outdoor patio shall be limited to 259 square feet in area and provide seating for twenty two persons maximum. 20. The seating and dining in the outdoor area shall be limited to dining table height (approximately 30 inches) and table surface area of 24 inches by 30 inches minimum. The use of elevated counters, tables, and barstools are prohibited in the outdoor dining area. 21. Prior to issuance of building permits, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Department. Final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. FAUsers\PLN\Shared\PAWAs - 2010 \PA2010 -062 I `t City Council Resolution No. _ Page 10 of 15 22. The boundary of the accessory outdoor dining area shall be marked through the use of a 36- inch -high rail as shown on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 23. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 24. The installation of roof coverings in addition to the proposed fabric awning shall not have the effect of creating a permanent enclosure. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Planning Director and may require an amendment to this permit. 25. 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. 26. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 in conjunction with the service of food as the principal use of the facility. 27. 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. 28. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 29. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 30. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. FAUsers\PLN \Shared\PNs\PAs - 2010\PA2010 -062 p,6 City Council Resolution No. _ Page 11 of 15 31. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based up on monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 32. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on command. 33. There shall be no on -site radio television, video, film, or other electronic or media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 34. Live entertainment and dancing shall be prohibited as a part of the regular operation of the establishment. 35. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 36. The approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 3T Full meal service shall be provided during all hours of operation. 38. Strict adherence to maximum occupancy limits is required. 39. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or 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. 40. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 41. The proprietor shall actively control any noise generated by the patrons of the facility. F:\Users\PLN\Shared\PXs\PAs - 2010XPA2010 -062 Q.l City Council Resolution No. _ Page 12 of 15 42. The operator of the facility shall be responsible for the control of noise generated on the subject facility. Pre - recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. 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 period unless the ambient noise level is higher: 43. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 44. [deleted] 45. No amplified music, outside paging system, loudspeaker or other noise generating device are permitted in conjunction with the outdoor dining area. 46. No outside paging system shall be utilized in conjunction with this establishment. 47. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and '6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 48. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 49. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on- site or off -site, to advertise the restaurant. FAUsers \PLN \Shared \PRs\PAs - 20101PA2010.062 ld ") Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 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 6OdBA 45dBA 5OdBA Commercial Property N/A 65dBA N/A 60dBA 43. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 44. [deleted] 45. No amplified music, outside paging system, loudspeaker or other noise generating device are permitted in conjunction with the outdoor dining area. 46. No outside paging system shall be utilized in conjunction with this establishment. 47. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and '6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 48. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 49. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on- site or off -site, to advertise the restaurant. FAUsers \PLN \Shared \PRs\PAs - 20101PA2010.062 ld ") City Council Resolution No. _ Page 13 of 15 50. 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. 51. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 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. 52. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self - locking gates. 53. The applicant shall provide a minimum of one common trash enclosure evenly distributed throughout the project site. The size, design and location of trash enclosures shall be subject to the review and approval of the Public Works and Planning Departments prior to issuance of a building permit for new construction. The enclosures shall be located on a four inch concrete pad screened by a six foot high decorative concrete block wall that is compatible with the architectural design of the residential buildings. The enclosures shall incorporate a cover of decorative beams or other roofing material to provide security and visual screening from above. 54. 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. 55. The exterior of the business 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. 56. 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). 57. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Department for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the FAUsers\PLN \Shared \PXs\PAs - 2010TA2010 -062 City Council Resolution No. _ Page 14 of 15 use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 58. 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. 59. 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. 60. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Crow Burger Kitchen including, but not limited to Use Permit No. 2010 -036 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building and Fire Department Conditions 61. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Department. 62. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 63. 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. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Department. 64. The construction plans must meet all applicable State Disabilities Access requirements. F:1Users\PLN\Shared\PA's1PAs - 20101PA2010 -062 City Council Resolution No. _ Page 15 of 15 65. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 66. A grease interceptor shall be installed prior to the establishment opening for business. 67. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 68. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 69. The applicant shall provide a Type l hood with a kitchen suppression system for cooking equipment. 70. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. 71. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 72. All exits shall remain free of obstructions and available for ingress and egress at all times. 73. Strict adherence to maximum occupancy limits is required. Public Works Department Conditions 74. County Sanitation District fees shall be paid prior to the issuance of any building permits. FAUserslPLNMared1PA's1PAs - 20101PA2010 -062 Jan Attachment No. CC 2 Zoning Administrator Staff Report �q � CITY OF NEWPORT BEACH ZONING ADMINISTRATOR HEARING January 13, 2011 Hearing Agenda Item 4 SUBJECT: Crow Burger Kitchen Minor Use Permit - (PA2010 -155) 3107 Newport Boulevard Minor Use Permit No. UP2010 -036 APPLICANT: Steve Geary PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY A minor use permit to allow a food service, eating and drinking establishment with no late hours, a covered outdoor dining patio, and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt the draft action letter approving Minor Use Permit No. UP2010 -03636 subject to the findings and conditions in the attached draft action letter (Attachment No. ZA 1). INTRODUCTION Project Setting The subject property is bounded by Newport Boulevard, Balboa Boulevard, 301h Street, and 32° Street. The area in the vicinity of the project site is developed with residential uses across 30th Street, 32nd Street, and adjacent to the southwest corner of the property, retail and restaurant uses along Newport Boulevard, and a public parking lot to the south of the subject property. Crow Burger Kitchen would occupy a tenant space at the east end of the old Albertson's shopping center where Kentucky Fried Chicken once operated. The shopping center is currently closed for renovation and will reopen next summer as "The Landing ". Access to the existing shopping center is obtained through driveways along 32nd Street, Newport Boulevard and Balboa Boulevard. The area of the subject property is 163,786 square feet (approximately 3.76 acres). )i Crow Burger Minor Use Permit January 20, 2010 Page 2 VICINITY MAP o Project Site Jo, N�lp. J 166 di'i � � J 18TOi . 904 i e GENERAL PLAN ZONING Jy r ♦i f 1 4. y �, iCp ( @ f` ��C•� �� �•; ,� \l�. �'bV�V0� ��j� 3 J ' 'G4+�Y 1 vk«t$ i �_T1AA�QP'Y 3 ✓ j a 1 ��yq4 \�U�sD' � tip (.� 444PI���IYYYf...3fAA tT S 1 f 5`�T ( t.. , I f d3 � P�y�O YY �3 }��14YLViSM3ff RV W�yt' t7j f WIT srfi �' �-�5 xo >i .f \'Cl7lliit..II99''111f�Pai4° . vu a &4"L� i LY", 411 F5 i y f a 4 t�La 3 ti r zd^,e.{ a f]fyN.l }k,,��� a s „d (' ��a S 3>� �.lY l .li }�y��� � vec 11. LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE CN (Neighborhood CN (Commercial Vacant Commercial Neighborhood) NORTH RT (Two -Unit Residential) R -2 (Two -Unit Single -unit and two -unit Residential ) dwellings SOUTH PF (Public Facilities) and PF (Public Facilities) and R -2 (Two -Unit Retail, public parking lot, and RT (Two -Unit Residential) Residential single -unit and two -unit dwellings EAST CV (Visitor Serving CV (Visitor Serving Retail Commercial ) I Commercial) WEST RT (Two -Unit Residential) R -2 (Two -Unit Single -unit and two -unit Residential ) dwellings Crow Burger Minor Use Permit January 20, 2010 Page 3 Background The shopping center was originally developed in 1960 and currently contains 41,363 square feet of floor area and 208 parking spaces on -site. A renovation of the existing shopping center was approved through Use Permit Nos. UP2009 -035, UP2010 -002, and Parcel Map No. NP2009 -013 (PA2010 -153) in February of 2010. Included in the approval was a waiver of five required off - street parking spaces through the approval of a parking management program. The shopping center is currently vacant as it undergoes renovation. The floor area of the renovated center will total 47,928 square feet of floor area and provide 235 parking spaces. The shopping center will include a 2,515- square -foot addition along the western wing of the existing retail shops (Shops B), a new fagade along the entire retail frontage facing 32nd street, a new, 4,000- square -foot bank building in the northwestern corner of the parking lot, and restriping and landscaping within the existing parking lot. All prior permits for tenants of the existing shopping center are void and all new eating and drinking establishments require use permits. A new take -out service, eating and drinking establishment was approved December 9, 2010 for Chipotle Mexican Grill at the tenant space adjacent to the subject application. (3101 Newport Boulevard) through Use Permit No. UP2010 -015 and Outdoor Dining Permit No. OD2010 -004. Outdoor dining areas in excess of 25 percent of the interior net public area were not originally accounted for in the shopping center parking management plan. Amendment No. 1 to Use Permit No. UP2010 -002 (PA2010 -166) was approved December 9, 2010 to allow a waiver of three additional parking spaces through an amendment to the parking management program to allow for the three outdoor dining patios within the shopping center. Protect Description The applicant requests approval of a minor use permit to allow a food service, eating and drinking establishment with no late hours, a covered outdoor patio, and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The gross floor area of the establishment is 1,878 square feet, the interior net public area will be 650 square feet, and the outdoor patio will be 259 square feet in area. The establishment will provide a maximum of 42 interior seats and 22 seats on the patio. The requested hours of operation are from 9:00 a.m. to 11:00 p.m., daily. DISCUSSION General Plan /Coastal Land Use Plan /Zoning The Zoning District is Commercial Neighborhood (CN) and the General Plan Land Use Element category is Neighborhood Commercial (CN) for the subject property. The CN land use category is intended to provide for a range of retail and service uses developed Crow Burger Minor Use Permit January 20, 2010 Page 4 in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The proposed eating and drinking establishment is consistent with this land use category. Alcoholic Beverage Sales The Police Department has prepared an Alcohol Related Statistics report (Attachment No. ZA 2) for the project site. The data from the Alcohol Related Statistics Report is incorporated into the factors for consideration, provided below. Factors to Consider Section 20.48.030 (Alcohol Sales) requires the Zoning Administrator to consider certain factors when making the required findings to approve the Use Permit. A discussion of these factors in support of the Use Permit is provided below. 1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Reporting District Part One Crimes (Serious offenses) Part Two Crimes .(All other offenses) Part One Crimes Rate (per 100,000 people RD No. 15 343 242 11,506.43 RD No. 13 112 79 5,812.62 RD No. 16 167 107 6,003.49 Newport Beach 2,884 3,350 3,297.31 The establishment is located within Reporting District 15, which includes McFadden Square, Cannery Village, and Lido Marina Village. The Part One Crimes Rate in Reporting District 15 (RD 15) is higher than the Part One Crimes Rate for the City and adjacent districts (For a map of the City of Newport Beach Reporting Districts, see Attachment No. ZA 3). The crime rate in this reporting district is 484 percent above the City wide reporting district average. The higher crime rate within this reporting district is largely due to the number of visitors to the Balboa Peninsula, the high concentration of alcohol licenses, and high ratio of non - residential to residential uses in the area. While the proposed establishment is located in an area which has a very high concentration of alcohol licenses, staff feels it is appropriate to allow the proposed eating and drinking establishment within the renovated shopping center because it is designed to accommodate both restaurant and retail uses. Crow Burger Minor Use Permit January 20, 2010 Page 5 2. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and the adjacent reporting districts. Reporting District DUI /Drunk Arrests Total Arrests Calls for Service RD No. 15 361 796 6,663 RD No. 13 39 161 2,554 RD No. 16 110 323 3,261 Newport Beach 1,270 3,595 62,294 RD 15 has a higher number of DUI /Drunk Arrests, Total Arrests, and Calls for service recorded in 2009 compared to the adjacent reporting districts. From January 1, 2010 through November 30, 2010, the Police Department reported 30 calls for service to the subject property, 10. of which were fights or disturbance calls, eight of which were miscellaneous calls for medical aid, alarms, etc. and two of which were alcohol - related. Prior to renovation, the shopping center did not accommodate any uses which possessed ABC licenses allowing alcohol sales for on -site consumption. The existing shopping center has not been subject to a significant number of alcohol related calls for service in the past and the renovated shopping center has been designed to accommodate eating and drinking establishments such as Crow Burger Kitchen. 3. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. Residential properties are located 400 feet across 30th Street to the southwest, 220 feet across 32nd Street to the north, and 320 feet to the southwest of the subject tenant space. The proposed use is separated from nearby residences due to the location of the tenant space at the east end of the shopping center and faces the parking lot. The nearest recreational facility, the 32nd Street Beach, is located approximately 1,000 feet to the west of the subject property. The nearest church, St. James Anglican Church, is located 900 feet to the northeast of the subject property. The project site is not located in close proximity to a daycare center or school. The proposed use is is surrounded by other commercial uses including several other eating and drinking establishments. The Balboa Peninsula in general is characterized by a high number of visitors in which commercial and residential zoning districts are located in close proximity to one another. The draft action letter has been conditioned to minimize negative impacts that the proposed eating and drinking establishment may have to surrounding land uses and ensure that the use remains compatible with the surrounding community. Crow Burger Minor Use Permit January 20, 2010 Page 6 4. The proximity of the other establishments selling alcoholic beverages for either off - site or on -site consumption. The location of the proposed establishment is in close proximity to several establishments with alcohol licenses including Chipotle, Malarky's Irish Pub, Rudy's, and Ho Sum Bistro. The Police Department has prepared an Alcohol Related Statistics report for the project site that indicates an over concentration of alcohol licenses within this statistical area. Reporting District Active ABC License Per Capita RD No. 15 79 1 per 38 residents RD No. 13 6 1 per 321 residents RD No. 16 6 1 per 464 residents County-wide 5,589 1 per 542 residents The per capita ratio of 1 license for every 38 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses and low number of residential properties (For a map of the City of Newport Beach Reporting Districts, see Attachment No. ZA 3). While the proposed establishment is located in close proximity to other establishments selling alcoholic beverages, the location of the proposed restaurant is within a retail shopping center which is designed for such uses. 5. Whether or not the proposed amendment will resolve any current objectionable conditions. The Zoning District for the subject property specifies that the designated land use is intended to serve both residents and visitors. The shopping center and its close proximity to the beach and other commercial districts create a neighborhood focal point for both residents and visitors to stop and eat as they visit the Balboa Peninsula. Adding beer and wine to the menu will compliment the food service and provide for the convenience of customers. The draft action letter has been conditioned to limit objectionable conditions due to noise and trash at the subject establishment. The Police Department has no objections to the operation as proposed principally given the proposed hours of operation, license type, and overall size of the use. The Police Department has reviewed the concentration and crime statistics and the potential impact of the proposed application on crime and police services and recommends approval of the establishment with a Type 41 ABC license with a closing hour of 10:00 p.m. for the establishment. This closing time will avoid increased crime and minimize the demand on police services in this area. The Type 41 alcohol license and limited hours of operation effectively eliminate the conversion of the establishment into a late hour bar or tavern. The Police Department has provided recommended conditions of approval related to design and security of the Crow Burger Minor Use Permit . January 20, 2010 Page 7 establishment. Refer to Attachment No. ZA 4 for a copy of the Police Department Recommendation. In addition, all employees serving alcohol will be required to be at least 21 years of age and receive ABC - required Licensee Education on Alcohol and Drugs (LEAD) training. Outdoor Dining The proposed establishment includes an outdoor dining patio that accommodates 22 seats. The interior of the establishment will open to the outdoor patio area through a series of louvered doors and the outdoor patio area is covered by an awning structure. The draft action letter has been conditioned to require the closure of the louvered doors by 10:00 p.m. to minimize the impacts of noise to the surrounding residential neighborhood. In addition, the draft action letter has been conditioned to limit the enclosure of the outdoor patio through the construction of temporary or permanent paneling so as not to create additional indoor gross floor area. The applicant proposes the same business hours for the outdoor patio as the interior of the establishment, which would operate from 9:00 a.m. to 11:00 p.m. The Police Department has recommended a closing hour of 10:00 p.m. for the outdoor patio to minimize the impact of noise to the neighboring residential areas and reduce the impact that the alcohol license will have on the community, police related activities, and calls for police services. Planning Department staff has conditioned the draft action letter to require the closure of the louvered patio doors by 10:00 p.m. to minimize the impacts of noise to the surrounding residents. As a result, Planning Department staff feels this measure is sufficient to limit the potential impacts to the surrounding community and that the overall 11:00 p.m. closing hour will effectively mitigate the potential negative impacts identified by the Police Department. Parking The approved parking management plan requires that the shopping center be parked at a rate of one space per 200 square feet of gross floor area and allows for eating and drinking establishments. to occupy a maximum 15 percent of the gross floor area. Crow Burger Kitchen is the second eating and drinking establishment to request authorization within the shopping center under renovation, and therefore it falls within the 15 percent allotted for eating and drinking establishments. The proposed project combined with previously permitted eating and drinking establishments accounts for 54 percent of the of the gross floor area allotted for eating and drinking establishments. Amendment No. 1 to Use Permit No. UP2010 -002 was approved on December 9, 2010 to allow a reduction in the required off - street parking by three parking spaces. Therefore, sufficient parking will be provided to allow for the outdoor patio areas in excess of the 25 percent of the interior net public area at Crow Burger. A square footage tracking table showing the approved square footage for Crow Burger in relation to the shopping center is provided as Attachment No. ZA 5. Crow Burger Minor Use Permit January 20, 2010 Page 8 Use Permit Findings In accordance with Sections 20.52.020.F, the Zoning Administrator must make the following findings for approval: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed use is consistent with the General Plan, Local Coastal Program Coastal Land Use Plan, and Zoning Code. Adequate parking is provided for the project site within the parking pool provided for the shopping center. The hours of operation are compatible with uses in the area and the 11:00 p.m. closing hour will ensure the establishment does not operate as a late hour bar or lounge. Beer and wine will be provided as a convenience to the public, and operational conditions of approval have been included to ensure the restaurant is compatible with the surrounding neighborhood. Staff believes the findings for approval can be made and the facts in support of the required findings are presented in the draft action letter (Attachment No. ZA 1). Summary Staff recommends approval of a use permit per the conditions of approval provided in the attached draft action letter for a food service, eating and drinking establishment with a Type 41 (On Sale Beer and Wine, Eating Place) ABC license and an outdoor dining patio as requested. Alternatives If the Zoning Administrator does not believe the findings for approval can be made, the Zoning Administrator may deny the subject applications. In addition, the Zoning Administrator may approve a modified project or modify conditions of approval to Crow Burger Use Permit January 20, 2010 Page 9 address areas of concern. Should the Zoning Administrator choose to do so, staff will return with a revised action letter incorporating new findings and /or conditions. Environmental Review The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. This exemption also includes accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed project involves the establishment of a restaurant in an existing tenant space and the construction of a new outdoor patio. The proposed use is less than 2,500 square feet. Therefore, both the interior use and outdoor patio qualify for a categorical exemption under Class 3. 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: Makana Vova, Assist nt Planner ATTACHMENTS Submitted by: 'Patrick J. Alford, Planning Manager ZA 1 Draft Action Letter ZA 2 Alcohol Related Statistics ZA 3 Newport Beach Reporting Districts ZA 4 Police Department Recommendation ZA 5 The Landing Square Footage Tracking Table ZA 6 Project plans F:1Users \PLN\Shared \PA's\PAs - 2010 \PA2010- 155\PA2010 -155 PC Rpt.docx Tmplt: 11/23109 Attachment No. CC 3 Zoning Administrator Action Letter P..! �? January 27, 2011 NOTICE OF ZONING ADMINISTRATOR ACTION PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92803 (949) 644 -3200 FAX (949) 644 -3229 Steve Geary 2325 E. Coast Highway Newport Beach, CA 92625 Application No. Use Permit No. UP2010 -036 (PA2010 -155) Site Address 3107 Newport Boulevard Crow Burqer Kitchen Use Permit On January 27, 2011, the Zoning Administrator approved the above referenced application based on the findincis and conditions in the attached action letter. 13y: AA //5 Greg Ranlir z, Zoning Administrate GR/mn APPEAL PERIOD: Modification Permit applications do not become effective until 14 days after the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. Tentative Parcel Map, Condominium Conversion, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of action, during which time an appeal may be filed with the Planning Commission Secretary in accordance with the provisions of the Newport Beach Municipal Code. For additional information on filing an appeal, contact the Planning Department at 949 644 -3200. cc: property owner Catellus Attn: Sean Whiskeman 66 Franklin Street, #200 Oakland, CA 94607 Tmplt:1123 /09 contact Architects Design Consortium Inc. Attn: Craig Oka 4875 E. La Palma Avenue Suite 607 Anaheim, CA 92807 e# 1K) ZONING ADMINISTRATOR ACTION LETTER PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644 -3200 FAX (949) 644 -3229 Application No. Use Permit No. UP2010 -036 (PA2010 -155) Applicant Steve Geary Site Address 3107 Newport Boulevard Crow Burger Kitchen Use Permit Legal Description Lots E, F, and H on Parcel Map, as per map filed in book 32, page 41 of Parcel Maps, in the office of the County Recorder in the County of Orange, together with that portion of Lake Avenue shown as Parcel "G" on said Parcel Map, vacated and abandoned by Resolution No. 1012 of the City Council of Newport Beach, recorded May 15, 1981 as Instrument No. 40308 in book 14079, page 939 of official records in the office of said County Recorder, also together with a portion of Section 28, Township 6 south, range 10 west, San Bernardino Meridian, as per Parcel Nos. 1, 2, and 3 of the official plat filed in the district land office August 4, 1980 On January 27, 2011, the Zoning Administrator approved the following: A minor use permit to allow a food service, eating and drinking establishment with no late hours, a covered outdoor patio, and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The gross floor area of the establishment is 1,878 square feet, the interior net public area will be 650 square feet, and the outdoor patio will be 259 square feet in area. The establishment will provide a maximum of 42 interior seats and 22 seats on the patio. The hours of operation are from 9:00 a.m. to 11:00 p.m., daily and 9:00 a.m. to 10:00 p.m. for the outdoor patio. The property is located in the CN (Commercial Neighborhood) zoning district. The Zoning Administrators approval is based on the following findings and subject to the following conditions. REQUIRED FINDINGS Finding A. The project has been reviewed, and it qualifies for a categorical exemption pursuant to Section 15303 of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures) of the Implementing Guidelines of the California Environmental Quality Act. lay Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 2 Facts in Support of Finding A -1. The Class 3 exemption includes a store, motel, office, . restaurant or similar .structure not involving significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. This exemption also includes accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed project involves the establishment of a restaurant in an existing retail tenant space and the construction of a new outdoor patio. The proposed use is less than 2,500 square feet. Therefore, proposed use and outdoor patio qualifies for a categorical exemption under Class 3. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding B. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding B -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of beer and wine is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Findin C. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding C -1. The General Plan land use designation for this site is CN (Neighborhood Commercial). The CN designation is intended to provide fora limited range of retail and service uses developed in one or more distinct centers oriented to serve the needs of and maintain compatibility with residential uses in the immediate area. An eating and drinking establishment with alcohol sales and accessory outdoor dining is a consistent use within this land use designation. Restaurant uses can F: \Users \PLN \Shared \PA's \PAs - 2010 \PA2010 - 155 \PA2010 -155 ZA Action Ltr.docx Tmplt: 09/15/10 - i Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 3 be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. C -2. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents alike. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The new establishment will improve and revitalize the existing retail building and the surrounding neighborhood. C -4. The subject property is not part of a specific plan area. Finding D. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Findinq D -1. The site is located in the CN (Commercial Neighborhood) Zoning District. The CN zoning district is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed food service, eating and drinking establishment with beer and wine alcohol service and an outdoor patio is consistent with land uses permitted by the CN Zoning District. Finding E. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding E -1. The operation. of the restaurant will be restricted to the hours between 9:00 a.m. and 11:00 p.m., daily. The operation of the outdoor patio will be restricted to the hours between 9:00 a.m. and 10:00 p.m., daily. E -2. A restaurant has been operated in this location since 1971 pursuant to Use Permit No. 1551 and has not proven detrimental to the area. The tenant space within the shopping center has operated as an eating and drinking establishment in the past and demonstrated the location's capability of operating as a compatible use with other land uses in the vicinity. E -3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The restaurant is oriented toward the parking lot and is located approximately 225 feet from residential properties across 32nd Street. The use permit has been conditioned to require the folding F: \Users \PLN \Shared \PA's \PAs - 2010 \PA2010- 155\PA2010.155 ZA Action Ltr.docx Tmplt: 09115/10 Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 4 doors and the outdoor patio area to be closed by 10:00 p.m. so that the establishment will comply with exterior noise standards and shield the restaurant activity from the residential uses across 32nd Street. The applicant is also required to control trash and litter around the subject property. E -4. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community so that the business remains a restaurant and does not become a bar or tavern. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. E -5. The applicant is required to install a grease interceptor, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. Finding F. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities, and Facts in Support of Finding F -1. The project site is located within an existing retail building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. F -2. Adequate public and emergency vehicle access, public services, and utilities are provided within the renovated shopping center. F -3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Findinq G. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. F: \Users \PLN\Shared \PA's \PAs - 2010 \PA2010 - 155 \PA2010 -155 ZA Action Ltr.docx Tmplt: 09/15/10 i t•r Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 5 Facts in Support of Finding G -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. The outdoor patio and louvered folding doors must be closed by 10:00 p.m. to limit the exterior noise to the surrounding residents. G -2. The food service, eating and drinking establishment will serve the surrounding residential community. The proposed establishment will provide dining services as a public convenience to the surrounding neighborhood. This will revitalize the project site and provide an economic opportunity for the property owner to update the retail tenants and services, which best serve the quality of life for the surrounding residential community. CONDITIONS OF APPROVAL Planning Department Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This Use Permit may be modified or revoked by the City Council, Planning Commission, or Zoning Administrator should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. 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. 4. 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. 5. Use Permit No. UP2010 -036 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. F:\Users \PLN \Shared \PA's \PAs - 2010\PA2010- 155\PA2010 -155 ZA Action Ltr.docx Tmplt: 09/15/10 fV /. Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 6 6. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 10. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the outdoor dining area in excess of 25 percent of the interior net public area in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 11. A copy of this approval letter shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 12. The hours of operation for the interior of the eating and drinking establishment are limited from 9:00 a.m. to 11:00 p.m., daily. The hours of operation for the outdoor patio are limited from 9:00 a.m. to 10:00 p.m., daily. All activities within the outdoor dining area, including cleanup activities, shall cease at the specified closing hour and no later. 13. The doors to the outdoor patio area shall be closed by 10:00 p.m., daily, to limit the impact of interior noise to residents in the vicinity. 14. (deleted) 15. Live entertainment and dancing shall be prohibited as a part of the regular operation. 16. 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. 17. The patio floor area in excess of the 25 percent allowance will be deducted from the 15 percent of gross floor area limitation for eating and drinking establishment uses. F: \USersTLN \Shared \PA's \PAs - 2010\PA2010- 155\PA2010 -155 ZA Action Ltr.docx Tmplt: 09/15/10 Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 7 18. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. 19. The outdoor patio shall be limited to 259 square feet in area and provide seating for twenty two persons maximum. 20. The seating and dining is the outdoor area shall be limited to dining table height (approximately 30 inches) and table surface area of 24 inches by 30 inches minimum. The use of elevated counters, tables, and barstools are prohibited in the outdoor dining area. 21. Prior to issuance of building permits, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Department. Final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. 22. The boundary of the accessory outdoor dining area shall be marked through the use of a 36- inch -high rail as shown on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 23. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 24. The installation of roof coverings in addition to the proposed fabric awning shall not have the effect of creating a permanent enclosure. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Planning Director and may require an amendment to this permit. 25. 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. 26. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 in conjunction with the service of food as the principal use of the facility. 27. 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 F: \Users \PLN \Shared\PA's \PAs - 2010 \PA2010 - 155 \PA2010 -155 ZA Action Ltr.docx Tmplt 09115/10 it , Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 8 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, 28. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 29. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 30. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9:00 p. m. 31. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based up on monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 32. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain .records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on command. 33. There shall be no on -site radio television, video, film, or other electronic or media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 34. Live entertainment and dancing shall be prohibited as a part of the regular operation of the establishment. 35. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 36. The approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service. of alcoholic beverages incidental to the food use. F: \Users \PLN \Shared \PA's \PAs - 2010 \PA2010- 155\PA2010 -155 ZA Action Ltr.docx Tmplt: 09/15/10 Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 9 37. Full meal service shall be provided during all hours of operation. 38. Strict adherence to maximum occupancy limits is required. 39. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or 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. 40. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 41. The proprietor shall actively control any noise generated by the patrons of the facility. 42. The operator of the facility shall be responsible for the control of noise generated on the subject facility. Pre - recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. 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 period unless the ambient noise level is higher: 43. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not, limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 44. [deleted] F: \Users \PLN \Shared\PA's \PAs - 2010 \PA2010- 155\PA2010 -155 ZA Action Ltr.docx Tmplt: 09/15/10 Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within ' 45dBA 60clBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60clBA 45dBA 50dBA Commercial Property NIA 65dBA NIA 60clBA 43. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not, limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 44. [deleted] F: \Users \PLN \Shared\PA's \PAs - 2010 \PA2010- 155\PA2010 -155 ZA Action Ltr.docx Tmplt: 09/15/10 Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 10 45. No amplified music, outside paging system, loudspeaker or other noise generating device are permitted in conjunction with the outdoor dining area. 46. No outside paging system shall be utilized in conjunction with this establishment. 47. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 48. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 49. No temporary "sandwich" signs or similar temporary signs shall be permitted, either ,on -site or off -site, to advertise the restaurant. 50. 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. 51. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse .collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 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. 52. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self - locking gates. 53. The applicant shall provide a minimum of one common trash enclosure evenly distributed throughout the project site. The size, design and location of trash enclosures shall be subject to the review and approval of the Public Works and Planning Departments prior to issuance of a building permit for new construction. The enclosures shall be located on a four inch concrete pad screened by a six foot high decorative concrete block wall that is compatible with the architectural design of the residential buildings. The enclosures shall incorporate a cover of decorative beams or other roofing material to provide security and visual screening from above. 54. 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. F: \Users \PLN \Shared \PA's\PAs - 2010 \PA2010 - 155 \PA2010 -155 ZA Action Ltr.docx Tmplt 09115110 Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 11 55. The exterior of the business 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. 56. 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). 57. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Department for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for-the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of -way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 58. 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. 59. 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. 60. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Crow Burger Kitchen including, but not limited to Use Permit No. 2010 -036 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the F: \Users \PLN \Shared \PA's\PAs - 2010 \PA2010- 155\PA2010 -155 ZA Action Ltr.docx Tmplt: 09/15/10 Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 12 indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building and Fire Department Conditions 61. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Department. 62. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City - adopted version of the California Building Code. 63. 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. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Department. 64. The construction plans must meet all applicable State Disabilities Access requirements. 65. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 66. A grease interceptor shall be installed prior to the establishment opening for business. 67. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 68. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and. odor shall be directed to the South Coast Air Quality Management District. 69. The applicant shall provide a Type l hood with a kitchen suppression system for cooking equipment. 70. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. 79. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. F: \Users \PLN \Shared \PA's\PAs - 2010\PA2010- 155 \PA2010 -155 ZA Action Ltr.docx Tmplt: 09/15/10 Crow Burger Kitchen Minor Use Permit January 27, 2010 Page 13 72. All exits shall remain free of obstructions and available for ingress and egress at all times. 73. Strict adherence to maximum occupancy limits is required. Public Works Department Conditions 74. County Sanitation District fees shall be paid prior to the issuance of any building permits. PUBLIC NOTICE Notice of this application was mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of -way and waterways) including the applicant and posted on the subject property at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code. APPEAL PERIOD The applicant or any interested party may appeal the decision of the Zoning Administrator to the Planning Commission by a written request to the Planning Director within 14 days of the action date. A $4,280.00 filing fee shall accompany any appeal filed. For additional information on filing an appeal; contact the Planning Department at 949 644 -3200. By: Gregg Rdffrez, Zoning Administrgt r GR/mkn / Attachments: Vicinity Map F: \Users \PLN \Shared \PA's \PAs - 2010 \PA2010 - 155 \PA2010 -155 ZA Action Ltr.docx Tmplt: 09/15/10 Attachment No. CC 4 Commissioner Unsworth's Memorandum Requesting Appeal t> f.: ?4"�7 CITY OF NEWPORT BEACH Community Development Department Planning Division 3300 Newport Boulevard, Bldg. C Newport Beach, CA 92663 APPLICATION TO APPEALTHE DECISION OF THE [y] ZONING ADMINISTRATOR ❑ PLANNING DIRECTOR Project No. PA2010 -155 Activity No. UP2010 -036 Site Address 3107 Newport Boulevard Name of Appellant or person filing Charles W. Unsworth Phone No. 949 675 -1950 Date of action: January 27, 2011 (Description of application) A minor use permit to allow a food service, eating and drinking establishment with no late hours, a covered outdoor patio, and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The gross floor area of the establishment is 1.878 sauare feet. the interior net public area will be 650 square feet, and the outdoor patio will be 259 square feet in area. The establishment will provide a maximum of 42 interior seats and 22 seats on the patio. The hours of operation are from 9:00 a.m. to 11:00 p.m., daily and 9:00 a.m. to 10:00 p.m. for the outdoor patio. Reasons for Appeal SEE ATTACHED LETTER DATED FEBRUARY 3 2011 Signature of Appellant FOR OFFICE USE ONLY Received by: Date Appeal filed and Administrative Fee received: NOTE: Please submit: • 11x17 set of plans —12 each Date Fee Received: One set of mailing labels (Avery 5960) for property owners within 300 ft. radius of subject property APPEALS: Municipal Code Sec. 20.64 Appeal Fee: $4,280.00 pursuant to City Council Resolution 2009 -86 (Deposit funds with Cashier in Account #2700 -5000) F:\Users \PLN \Shared\PA's \PAs - 2010 \PA2010 - 155 \PA2010 -155 APPEAL.docl application Revised: 02/0212011 (if Feb 051101:10p C.Unswoith CHARLES W. UNSWORTH 3419 Via Lido #1247 Newport Beach, California 92663 Phone(949)675 -195D Fax (949)566 -9822 February 3, 2011 Joel Fick, Acting Community Development Director James Campbell, Acting Planning Director Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 (949)566 -9822 p.1 RKSI M BY f --V ; . -- 'mill FEB 0:7 2011 CITY OF NEWPORT BEACH Re: Appeal of the Zoning Administrator's Grant of Use Permit No. UP2010 -036 (PA2010 -155) for 3107 Newport Boulevard Gentlemen: As a Planning Commissioner of the Newport Beach Planning Commission, I hereby appeal and/or call for review of the captioned grant of the captioned Use Permit for the following reasons: 1. Condition No. 6 of Exhibit A, Conditions of Approval of Planning Commission Resolution No. 1826 for the Landing Project, which was passed, approved and adopted December 9, 2010 provides as follows: "6. All eating and drinking establishments will be required to obtain separate use permits. Any separate discretionary approvals will regulate the operation of the specific use within the project site. Nothing in this resolution and or conditions ensures any square footage for any restaurant use or application." That condition was imposed under authority of the Zoning Code ( "Old Zoning Code ") which was in effect prior to adoption ofthe new Zoning Code. The Old Zoning Code and Condition No. 6 required a use permit to be granted by the Planning Commission as'opposed to a minor use permit authorized by the new Zoning Code. The adoption of the new Zoning Code did not change the intent or legal effect of Condition No. 6. Therefore, a use permit for the captioned Project must be granted by the Planning Commission, not a minor use permit by the Zoning Administrator or Planning Director. Feb 0511 01:10p C. Unsworth (949)566 -9822 p.2 Joel Fick James Campbell February 3, 2011 Page 2 2. The Use Permit for the Chipotle restaurant (Resolution No. 1827) located within the Landing was also approved on December 9, 2010. Service of alcohol was prohibited in its outdoor dining area. Prior to granting the captioned Use Permit, the Planning Commission should hear evidence as to why one applicant should be allowed and one applicant not allowed the right to serve alcohol in its outdoor dining area. The Zoning Administrator's decision did not substantiate such a distinction. 3. Prior to granting any rights to serve alcohol in outdoor dining areas and /or establishing hours of operations for serving alcohol the Planning Commission should be fully apprised of the impact and relationship between the proposed Use Permit or any other use permit or minor use permit and the newly enacted Operator License Ordinance. Because the hearing will be de novo, other questions and issues, including, but not limited to, compliance with Condition No. 25, the Zoning Code section under which applicant is to operate, and the date of the Zoning Administrator's action, will be open for discussion and decision. Thank you and your department for your ongoing fine and difficult work. Yours truly, Charles W. Unsworth Planning Commissioner /ccu cc: Leilani Brown, City Clerk Attachment No. CC 5 Commissioner Hawkin's Memorandum Requesting Appeal I�'i feb 09 Poll 2:01ptl Hawkins Law OPi'ices (04S) (350-1181 p.1 REOEIVED 13Y PLANNINQ DEPARTMENT Law Offices of Robert C. Hawkins 110 Newport Cvmer Drive, Swit -, 201) : mIvirr Beach, California 92 RO FEB 0, 9 .2011 I�as; (949) 650 -i 18: TRANSMITTED TO; CITY OF NEWPORT BEACH aVANIE FAX NUNt813R PHONE Nt;,MBIIJR Joel Fick, Acting CD Director Tames Curnpbotl, Acting Planning Dinxtor (949) 6=14.3229 Uilaui Brown, City Clerk (949) 644.3039 from: Robert C. Hawkins Clicni/Motter: Planning Commission Date: February 9, 2011 Documents: Further Appeal of Usc Permit No. UP2010.036 (PA20JO.155) Pages; 3't CMIMt.N'J'S: original will follow as indicated. T/re tr{(onntitfmt cantnnted liNlrls fnesYint /e nressoge Ye' informatlon protected by and.or Otu attorneynrark product ptivilega. !t tr buended onlp for dte rrse vfrlro tndivtrtunl nirmed above mid the prYvftegrs are rrot xarved by ,Fran trJ' this hm- ing been sent byAminit/e. { f ihoperson actualt), recdhling 11lisfix-sinjile or tau- other madaf of thefacsfodle is lot the nante,treciptent or dye amplovw# or agony r¢sponstbie to deth,?r it to the named recipitn , lint, use, disserniamron_ dtsn+binion. or cupping of Ore camnumie'utian !s surctty prohibited. 0-you ha+c recei red this cannnontowhin in error, pleas a rm,nediatrf a notify es by tetephone and reuan the urlgfnat message m its at the above addrem do VS Postal Service, NOT CAUNTiNO COVER SHEIM IF YOU DO NO 1' 9FCLR'c ALL PAC VS, PLC: ASH TELEPI ION C US !�f'.f F.DiATE LY ;�; P {949> 650- 535(7. l �/ (e Feb 09 201 .1 2:01PM Hawkins Law Offices (9491 65II -1181 P. LAW OTTICES OF ROBERT C. HAWKIDS February 9, 2011 Via Facsimile and Hand Delivery Toel Fick, Acting Commit pity Development Director James Campbell, Acting Planting Director P-iauting Department City of Newport Beach 3360 cwportElvd. Newport:Beach, California 92663 Ile: rurtlici' Apncal of the Zoning Administrator's Grant of Use Permit No. M010- 93b CLA --2010 «155) for j:roxr Burger Kitehen. Use Permit at3107 Newport Blvd. Greetings: As you.knmv, lam honored, to serve as a momber of the City's Planning Commission for the CRY-Of NPNYport Beach, I cnxderstand that Mr. Charles Unsworth on the Planning Commission hai; appealedlealled for review the captioned approval. As a planning commissioner and pursuant to the Mxmicipal Code; [also appeal the captioned action for reasons similar to those in Mr. Unscvorth's February. 3, 2011 appeal letter.(the "Appeal "), At the outset and*eomplimentary with the Appeal, at the December 9, 2620 Planning ssion hearing in connection with the Landing Use Permit No. UP 2010 -002, the Commission odd that; as Chairman McDaniel said that wbon the developer brings other applications, we (the ig Co"- Ussion) (*rill have an opportunity to hear it. haleed, the Acting Planning Director also titoniit:other:'applieations would come before the Planning Commission. See tape of December meeting. The-captioned decision conflicts with this understanding and intent embodied in the 14 addition; Iappeal the decision for the followingadditional reasons: Finding B-cannot be nude; Vindings C -G cannot be made because the presence of alcohol in the outdoor dining area conflicts with the General Man and the Zoning Code, and is incompatible Nvith adjacent residential uses,-:the Conditions of Approval are internally inconsistent. Further, the date of the captioned decision is ,wrong and the appeals are timely. 110 hkwpott Center orwe, Suite '40P Newport beach, Califor:ra 92660 (949) 650.5556 Fax: 049) 650 -7141 (/I f -'eb 09..2011 2:�01PM Hawkins Law OfFice5 (9491 650 -11UI p -3 odFick, Acrieg fbtnmunitr Dr 8dupnwat Dinetor 1)h1:.Campt?olf, Aaltit Plinreng Dtreetcr .2• Nbtuar99, 201: :First, Finding 13 states: "All eati(T and drinking establishments will be required to obtain, separare use,permits." 11'11e use is consistent with the purpose and irtea: of Section 20.48.030 (Alcoliol Sales of the Zoning Code."' Among other things, the facts in support of this finding state; "'.rho service; of beer and wine is intended for the uanvenience ofcustomors dining at the restaurant." This fact does not support the suggested finding because Section 20,48,030 forbids consumption of 41cohol oil site. Section 20 48.030 addresses off sale alcohol uses such as liquor stores. Because the findings cannot be made for Section 20.48 .030 uses and such uses coiatliet with the applicant's desired uses, this finding is inappropriate. Further, assuming that this is a typographic or clerical error, the finding requited for approval under section 20.48.090.cannot be made for the reasons set forth below, The presence of alcoholic beverages in the outdoor dining area is inconsistent with the General Plan, the Zoning Code, is incompatible with adjacent Tesidelttial uses, and is detrimental to the health, safety, and welfare ofthe area and its residents. Second, Commissioner Unsworrh has challenged the captioned Use Pctmit's grant of alcohol in rho outdoor patio es conflicting with the Chipotle Use Pennit No, I,P2010 -017 and Accessory O utdoor Dining Permit No. 002010 -004, and perhaps being unequal treatment. Although I support this contention, =1- also = believe -that the captioned tlse Pernit's grant of alcohol consumption in the outdoor patio is- unsound land use policy itself and conflicts with the Generni. Plan, the Zoning Code and sound policy. That is Findings C (consistency with the General Plan), U (consistency with tho Zoning Code), Fi (compatible with adjacent land uses), F (physically suitable for tile, use) and *G (not detrimental to health, safety and welfare) cannot be made because of the use of alcohol in the outdoor patio. Further, Chipotie which was processed under the former Zoning Code applied for and received an Accessory Outdoor mining Permit. The captioned use permit which is processed tinder the recently adopted'Zotling Code appears to include outdoor dining as pan of title usepennit. However, it is unclear whether this outdoor dining grant ensures that the size of the outdoor dining will not overburden the parking at Ibe, Landing. Third, Condition No. 1 states that "itjlic development shall be in substantial confonnanee xith the approved'siteplan, floor plan, and building elevations dated with this date of approval." Although this is unclear, presumably it means the plans provided to the Zoning Administrator. Condition No. 25 state$: '17here shall be no oxterior advertising or signs of any kind or type, including advertising directed to tie exterior from within, promoting or indicating the availability ofaleoholic beverages." 110 Newport Cente- Onve, SuiA 20D Newport Beach, Califcrnip. 92K-,D (949) 6505550 Fwm (949) 650-1181 wo, 17 eb 09 2011 2:011'M Hawkins Law Offices (9491 GSO-'181 p.4 ):ii'. FA, Actin; Communl:r Derrloprm:at Otw,wi Jams Campbell, Acang Plcmoing Director - }, Pcbntap• 9. Nl l However, die building elevations drmvings sho%v the advertising ofecer: "Crow- Burger Kitchen fine food t beer," This conflicts with Conctilion No, 25, The applicant, the public, and the Conn unity I7evelolsmentDeprrtmcrt for Planning Deparmicnt, Building Dupnnment, and Code ark, left in fire dart: as to which Condition governs. Fourth, Condition No. 4 requires that: "The-patio fluor area in excess of th, 25 percent allowance. w ;II lie deducted fi'on the 15 percent of gross floor area )hnimtion for eating and drinking establish-meat uses." Ho ever, the, captiouod decision foils to lx- form this tkduetieu and faik to show the squat foeinzc which remains for other eating and drinking establishments, The captioned decision should be revised to include this calculation. Finally, the captioned decision lists the date of tine decision as `January 13; 2011." As indicated above, this is incorrect. As indicated on the attached Agenda for the January 27, 201 ! Vlc(ainr of' tile Zoning Administrator, the hearing for the captioned action was noticed for January 13i§ but continued to January 27, 2011. Flence, the appeals are timely and this typographical error should be corrected. Given that (lie hearing, will be de noeo, 1 reserve the right to supplement additional reasons which may arise during this appeal process or in review of public records in connection with this matter. ,Fliank you for your assistance in this matter. Of course, not witlistanding this appeal, thank you for the fuse and difficult work that you and your department have done end continue to do. t look fonvard to learning the date and time of the hearing on this appeal, Should you have any questions, Please do not hesitate to contact me. Sincerely, y r RClllkw cc: Lcilani Brown, City Clerk (Via Facsimile Only) 110 Idewf,att C:emer Drive, Suitt M'3 Nehr}art Nadi! California 9' 6(W, (949) 6505550 Fix: (949) 6501181 .Yi tr "7v -reb 99 2011 2:53PI1 H '<ins Law Offices 1 93 650 -11£11 P.1 Law Offices of Robt rt C. Hawkins 110 Neugwri Center Drive, %nic 2DO leevlxrrl I1earb. CalM nilu 92660 (9,10)650-5550 Fax: (949)650.1';;1 TJYANSI4 IT rEJ) TO: From'. Robert C. Hawkins Clicnt/Matter: Planning Commission Date: Frbruary 9, 201 1 Documents: Further Appeal of Usc Permit No. UP2010 -036 (PA2010 -155) attac€tment IA flee ing Agenda for January 27, 201 1 PAUS: 3* COIv MFNTS: Original will fo113w as indicated. The IrJoranation contained in this jntatruile inessugc is Information protecred kv unarray- clieiry andlar the attorney -AwA prodnet privltege- It is intendcd onlyjar the rrse ofthe nrdivuhsal maned above and the privilege] ore not ivaivedby Wane of this having been sent byfacsin dle is not the named teclpient a• the rmpfo }'Ke �r ag :�n7 r'xsponsihfe to rleltr>:r (t to elm nrnraed rectpienr. any fete, disaemetrr+t.an, dics•tbnthrn or rnpylr;g afihe comnrunf.otten tr rtrietljprohtbfted lfyar+ bare rectihrr( thin eonanrnriratian in error, ptense inrn;edintelr notify :o by telephone and renim the origtnal message to us at the above address raa US,, Postal se^lce. NOT COLTS11NO COVER SHFiFT. If YOU DO NOT RECEIVE ALL PAGES, PL ASE TLLEPHONr- us I.YI1sMOIATELY AT (949) 65 -55ik NAtv3P. PAX NL7ABER PHONE NUMBER Joel Fick, Acting CD Dirczlo: (949) 644 -32.29 — James Cempbcil. Acting Planning Directix Leilsni Brown, City Clerk (949) 644 -3039 From'. Robert C. Hawkins Clicnt/Matter: Planning Commission Date: Frbruary 9, 201 1 Documents: Further Appeal of Usc Permit No. UP2010 -036 (PA2010 -155) attac€tment IA flee ing Agenda for January 27, 201 1 PAUS: 3* COIv MFNTS: Original will fo113w as indicated. The IrJoranation contained in this jntatruile inessugc is Information protecred kv unarray- clieiry andlar the attorney -AwA prodnet privltege- It is intendcd onlyjar the rrse ofthe nrdivuhsal maned above and the privilege] ore not ivaivedby Wane of this having been sent byfacsin dle is not the named teclpient a• the rmpfo }'Ke �r ag :�n7 r'xsponsihfe to rleltr>:r (t to elm nrnraed rectpienr. any fete, disaemetrr+t.an, dics•tbnthrn or rnpylr;g afihe comnrunf.otten tr rtrietljprohtbfted lfyar+ bare rectihrr( thin eonanrnriratian in error, ptense inrn;edintelr notify :o by telephone and renim the origtnal message to us at the above address raa US,, Postal se^lce. NOT COLTS11NO COVER SHFiFT. If YOU DO NOT RECEIVE ALL PAGES, PL ASE TLLEPHONr- us I.YI1sMOIATELY AT (949) 65 -55ik Id- _Feb 00 2011 2:53PM H "kins Law 0£rices r'i9J 650 -1181 p.2 ZONING AOMINIS`PATOR HEARING AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS -3300 NEWPORT BOULEVARD Thursday, January 27, 2011 ...... Regular Meeting — 3.30 p.m. Gregg Ramirez Zoning Administrator NOTICE TO THE PUBLIC HEARING ITEMS Continued from /2/02110 and 01/13111 Hearing ITEM N0: 1., Modification Permit No MD2010 -016 (PA2010 -130) 8 Via tBurrone Council District 6 SUMMARY: 8 Via Burrone Modification - A modification permit to allow retention of an over - height, "as built" privacy wall and entry grates which encroaches to 10 feet into the required 10 -foot front yard setback.. As measured from natural grade, the accessory structure consists of the following elements: stucco - finished walls (to 7 -feet 8- inches high), 2 stucco-finished pilasters (to 8-feet 10- Inches high), 4 stucco finished pilasters (to 9 -feet 11- Inches high), 6 wrought -lion; decorative lamps (one lamp attached to each of 4 pilasters 8- feet '8-'inches high and one lamp attached to each of 2 pilasters 7 -feet 8- inches high), a wrought -iron entry gate (to 8-feet 10- Inches high), and 2 fountains (each to 5 -feet 8- Inches high), The ,Zoning Code limits accessory structures within the front yard setback to a maximum height of 3 -feet 6- inches,) The property is located in the PC -52 (Newport Coast) District. RECOMMENDED ACTION*,. 1) Conduct public hearing; and 2) betty Modification Permit No MD2010 -016 (PA2010 -130) subject to the recommended findings. CEQA COMPLIANCE The project is exempt from environmental review pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the Implementing Guidelines of the California Environmental Quality Act. Continued from 01 /13/11 H_earino 17EM_N0.:2. Use Permit No. UP2010 -036 (PA2010 -155) 31 07 Newport Boulevard Council District 1 SUMMARY* Grow Burger Kitchen Use Permit - A minor use permit to allow a food service, eating and drinking establishment with no late hours, a covered outdoor patio, and a Type 41 (ion Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The gross floor area of the establishment is 1;878 square feet, the interior net public area will be 650 square feet, and the outdoor patio will be 259 square feet in area. The establishment will provide a Feb 09 2011 :53PM 14,,kins Law Offices "49) 650 -1101 P.3 maximum of 42 interior seats and 22 seats on the patio. The requested hours of operation are from 9:00 a.m. to 11:0D p.m., daily. The property is-located In the CN (Commereia.i Neighborhood) District. RECOMMENDED ACTIQN: 1} Conduct public. hearing; and 2) Approve Use Permit No. UP2D10 -036 (PA2010 -155.) subject to the recommended findings and conditions. CBQA COMPLIANCE: The project is exempt from environmental review pursuant to Section 1530.3, Class 3 (New Construction or Conversion of Small Structures) of the Implemonting Guidelines of the California Environmental Quality Act. This hearing is subject to the Ralph M.. Brown Act. Among other things, the Brown Act requires that th,.e.Zoning,- Administrator's agenda be posted at least 72 hours in advance of each hearing. :a rd.: t}iat the pubilc be allowed to comment on agenda items before the Zothing Administrator, and Items not on the agenda but are within the subject matter .jurisdiction of the Zoning Administrator. The Zoning. Administrator may limit public comments to a reasonable amount of time, .9enerell.y.either three (3) or five (5) minutes per person. intention -of the:City of Newport Beach to comply with the Americans with IlDisabilitles Act n all 'respects. If, as an attendee or a participant at this hearing, you will need special ice t3eyond what is normally provided, the City of Newport Beach will attempt to: iodate you in every reasonable manner. Please contact the Planning Depariment.at. least nq ,prior to. the hearing to Inform us of your particular needs and to determine if iodation is feasible. If in 'the future, you wish to challenge: in court any of the matters on this agenda for which a public hearing is to be co.nducte.d, you may be limited to raising: only those issues which you {or someone else }:raised orally at the public. hearing or in written correspondence 'received by the Q4 at.0'r bef -ore the hearing, Any w - ngs or documents provided to the Zoning Administrator regarding any item on this agenda. will 'be made available for public inspection in the office of the Planning Department located at$3Q0 Newport Boulevard, during normal business hours. APP.itAIL.PERIOD: Modification Permit applications do not become effective until 14 days after life dale of action, during Which time an appeal may be filed with the Planning Commission See_ratary'in accordance With the.provisions of the Newport Beach Municipal. Code. Tentative Parcel Map, Condominium Conversion, Lot Merger, and Lot Line Adjustment applioations do :not .become effective until 10 days following the date of :action, during which time !an app?eai lnay be flied with the Planning Commission Seoretary in accordance with the provisions of'the Newport Beach Municipal Code. Attachment No. CC 6 Planning Commission Staff Report "�Co CITY OF NEWPORT BEACH PLANNING COMMISSION MEETING March 3, 2011 Hearing Agenda Item A SUBJECT: Crow Burger Kitchen Appeal - (PA2010 -155) 3107 Newport Boulevard Minor Use Permit No. UP2010.036 APPLICANT: Steve Geary PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY An appeal of the Zoning Administrator's approval of Minor Use Permit No. UP2010 -036 allowing an eating and drinking establishment (food service with no late hours) with a covered patio and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. RECOMMENDATION 1) Conduct a de novo hearing; and 2) Adopt Resolution No. _ denying the appeal and upholding and affirming the decision of the Zoning Administrator to approve Minor Use Permit No. UP2010 -036, subject to the findings and conditions of approval included within the draft resolution (Attachment No. PC 1). DISCUSSION Zonina Administrator Action The Zoning Administrator held a public hearing on January 13, 2010. The application was continued to January 27, 2011 to allow the applicant time to provide an acoustical summary that addressed the potential noise impacts of customers on the outdoor patio to nearby residents. The Zoning Administrator approved the Minor Use Permit application on January 27, 2011, and the hours of operation for the outdoor patio were limited from 9:00 a.m. to 10:00 p.m. The staff report and action letter from the Zoning Administrator hearing have been attached for reference (Attachment Nos. PC 2 and 3). On February 7, 2011, Planning Commissioner Charles Unsworth appealed the approval of the Minor Use Permit, Commissioner Unsworth's appeal cited the process by which the project was approved, the service of alcoholic beverages on the outdoor patio, and y� % GENERAL PLAN CN (Neighborhood Comme_ rcial CN (Commercial Neighborhood Vacant NORTH RT (Two -Unit Residential) R -2 (Two -Unit Single -unit and two -unit Residential _ dwellings SOUTH �1 PF (Public Facilities) and R -2 (Two -Unit Retail, public parking lot, and V;t single -unit and two -unit dwellings Crow Burger Kitchen Appeal March 3, 2011 Page 2 Project Site ON•SITE CN (Neighborhood Comme_ rcial CN (Commercial Neighborhood Vacant NORTH RT (Two -Unit Residential) R -2 (Two -Unit Single -unit and two -unit Residential _ dwellings SOUTH PF (Public Facilities) and PF (Public Facilities) and R -2 (Two -Unit Retail, public parking lot, and RT (Two -Unit Residential) single -unit and two -unit dwellings EAST WEST RT (Two -Unit Residential) Retail 1ct� Crow Burger Kitchen Appeal March 3, 2011 Page 3 the applicability of the newly enacted Operator License Ordinance for the subject establishment. On February 9, 2011, Planning Commissioner Robert Hawkins filed a second appeal of the approval of the Minor Use Permit, Commissioner Hawkins' appeal statement cited the process by which the project was approved, the service of alcoholic beverages on the outdoor patio, the applicability of certain Section 20.48.030 (Alcohol Sales) of the Zoning Code, square footage and parking for the subject establishment in relation to the overall shopping center, and a typographical error in the Zoning Administrator action letter. Planning Commission Review Hearing Pursuant to Section 20.64.030.0 of the Zoning Code, a public hearing on an appeal is conducted "de novo ", meaning that it is a new hearing and the prior decision of the Zoning Administrator to approve Use Permit No. UP2010 -036 has no force or effect. The Planning Commission is not bound by the Zoning Administrator's prior decision or limited to the issues raised by the appeal. Analysis A memorandum from Planning Commissioner Charles Unsworth requesting an appeal of the subject application is attached (Attachment No. PC 4). The analysis below summarizes Commissioner Unsworth's requests to review the Minor Use Permit approved by the Zoning Administrator and provides staff's responses for the Planning Commission's consideration. Use Permit Review Process 1, Condition No. 6 of Exhibit A, Conditions of Approval, of Planning Commission Resolution No. 1826 for the Landing Project, which was passed, approved, and adopted December 9, 2010, provides as follows: Ali Eating and drinking establishments will be required to obtain separate use permits. Any separate discretionary approvals will regulate the operation of the specific use within the project site, Nothing in this resolution and or conditions ensures any square footage for any restaurant use or application." That condition was imposed under authority of the Zoning Code ("Old Zoning Code'), which was in effect prior to the adoption of the new Zoning Code. The Old Zoning Code and Condition No. 6 required a use permit to be granted by the Planning Commission as opposed to a minor use permit authorized by the new Zoning Code. The adoption of the new Zoning Code did not change the intent or legal effect of Condition No. 6. Therefore, a use permit for the captioned Project must be granted by the Planning Commission, not a minor use permit by the Zoning Administrator or Planning Director." While Planning Commission Resolution No. 1826 was approved under the prior, "Old ", Zoning Code requirements, the conditions of approval do not specifically require the 11 Crow Burger Kitchen Appeal March 3, 2011 Page 4 approval of the Planning Commission. Subsequent use permit applications are not required to be processed under the prior Zoning Code requirements. The subject Minor Use Permit was deemed complete on December 22, 2010 and processed pursuant to the application requirements of the current Zoning Code, which allow an eating and drinking establishment with alcohol service and no late hours (after 11:00 p.m.) to be processed with a minor use permit. Therefore, the subject application has complied with the conditions of approval as required by Planning Commission Resolution No. 1826. Alcohol Service on the Outdoor Patio 2. The Use Permit for the Chipotle restaurant (Use Permit No. 1827) located within the Landing was also approved on December 9, 2010. Service of alcohol was prohibited in its outdoor dining area. Prior to granting the captioned Use Permit, the Planning Commission should hear evidence as to why one applicant should be allowed and one applicant not allowed the right to serve alcohol in its outdoor dining area. The Zoning Administrator's decision did not substantiate such a distinction. The use permit and outdoor dining permit applications for Chipotle Mexican Grill, Use Permit No. UP2010 -017 and Outdoor Dining Permit No. OD2010 -004 (PA2010 -096), were processed under the prior Zoning Code, which required Planning Commission review and approval. Alcohol service on the outdoor patio was not a part of the applicant's request for this particular application. As a result, the application was not reviewed to allow alcohol service on the outdoor patio and the project was conditioned accordingly. The subject application for Crow Burger, Minor Use Permit No. 2010 -036, did Include a request for alcohol service on the outdoor patio. Thus, the application was reviewed by the Planning Department and the Police Department accordingly. Potential land use and noise conflicts were analyzed In addition to the potential for an increase in demand on police services. The conditions of approval in the draft resolution reflect the standards recommended by both departments to reduce the potential impacts of alcohol service on the outdoor patio to the greatest extent possible. Operator License Ordinance 3. Prior to granting any rights to serve alcohol in outdoor dining areas and /or establishing hours of operations for serving alcohol, the Planning Commission should be fully apprised of the impact and relationship between he proposed Use Permit or any other use permit or minor use permit and the newly enacted Operator License Ordinance. The Operator License Ordinance, Zoning Code Amendment No. CA2011 -002 (PA2010- 041), was adopted on January 26, 2011, and became effective on February 24, 2011. r�(� Crow Burger Kitchen Appeal March 3, 2011 Page 5 The ordinance requires establishments that offer alcoholic beverages for on -site consumption in combination with late hours, entertainment, or dancing to obtain an operator license. The subject application is not subject to the newly enacted Operator License Ordinance because the applicant does not propose late hours of operation (after 11:00 p.m.), live entertainment, or dancing at the subject establishment. A memorandum from Planning Commissioner Robert Hawkins also requesting an appeal of the subject application is attached (Attachment No. PC 5). The analysis below summarizes Commissioner Hawkin's requests to review the Minor Use Permit approved by the Zoning Administrator and provides staff's responses for the Planning Commission's consideration, Planning Commission Review 1. `The Commission understood that as Chairman McDaniel said, that when the developer brings other applications, we (the Planning Commission) will have an opportunity to hear it (the use permit applications for subsequent applications). Finding B, which states, `Ali eating and drinking establishments will be required to obtain separate use permits' cannot be made." At the Planning Commission hearing of December 9, 2010, the application for Crow Burger, which was still in process at the time, would have required a conditional use permit and review by the Planning Commission under the current Zoning Code because the applicant proposed late hours of operation (after 11:00 p.m.). The applicant later revised the proposed hours of operation and Planning Commission review was not required under the current Zoning Code, The conditions of approval for Amendment No. 1 to Use Permit No. UP2010 -002 (PA2010 -166) (the Landing Shopping Center) require separate use permit approvals for eating and drinking establishments within the shopping center. However, the conditions do not specifically state that a conditional use permit reviewed by the Planning Commission is required for each individual eating and drinking establishment. Each new application will be reviewed by the decision - making authority specified by the current Zoning Code. Applicability of Section 20.48.030 of the Zoning Code 2. 'The facts in support of Finding B [in the Zoning Administrator Action Letter] state: 'The service of beer and wine is intended for the convenience of customers dining at the restaurant.' This fact does not support the suggested finding because Section 20.48.030 forbids consumption of alcohol on -site. Section 20,48.030 addresses off sale alcohol uses such as liquor stores. Because the findings cannot be made for Section 20.48.030, uses and such uses conflict with the applicant's desired uses, this finding is inappropriate." CoA L Crow Burger Kitchen Appeal March 3, 2011 Page 6 Section 20.48.030 of the Zoning Code (Alcohol Sales) provides standards for alcohol sales in general. Part A of this section is intended for off -sale alcohol sales establishments and is not intended to prohibit on -sale consumption of alcohol at all eating and drinking establishments throughout the City. On -sale alcohol service Is permitted within approved outdoor dining areas per Section 20.48,090.B.1.a (Sales Activities) of the Zoning Code, Section 20,48,090.F.3.c (On -sale Alcohol Sales) of the Zoning Code requires the review authority to make the findings referenced by Commissioner Hawkin's in Section 20.48.030.C.3 (Required Findings). The specific finding required by Section 20.48.030.C.3 states, "the review authority shall find that the use is consistent with the purpose and intent of this Section." The purpose and Intent of the section, explained in the paragraphs just below the subheading for Section 20.48.030, identifies that the purpose of the section is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments. The intent of the section is to prevent alcohol - related problems. The factors for consideration were discussed in the Zoning Administrator Staff Report (Attachment PC 2) and the required finding in addition to the standard use permit findings was included in the Zoning Administrator Action Letter (Attachment No. PC 3) and has also been incorporated into the draft resolution (Attachment No. PC 1), Since Part A (Operating Standards) of Section 20.48.030 (Alcohol Sales) of the Zoning Code does not apply to the subject establishment, the proposed application is in compliance with the purpose and intent Section 20.48.030 as required by the findings identified in Section 20.48.090,F.3.c and the proposed use is not in conflict with the required Zoning Code sections. Alcohol Service on the Outdoor Patio 3. The presence of alcoholic beverages in the outdoor dining area is inconsistent with the General Plan, the Zoning Code, is incompatible with adjacent residential uses, and is detrimental to the health, safety, and welfare of the area and its residents. The captioned Use Permit's grant of alcohol consumption in the outdoor patio Is unsound land use policy itself and conflicts with the General Plan), Findings C through G cannot be made because of the use of alcohol in the outdoor patio," Section 20.48.090.F.3.c (On -sale alcohol sales) of the Zoning Code requires the review authority to consider the potential impact of sensitive land uses within 100 feet of the proposed establishment, the proximity of other establishments selling alcoholic beverages for either off -site or on -site consumption, and to provide facts to support the findings in Section 20.48.030.C.3 (Required Findings), The proximity of residential uses to the proposed outdoor patio was considered by staff and the Zoning Administrator. The Police Department recommended limiting the hours Crow Burger Kitchen Appeal March 3, 2011 Page 7 of the outdoor patio to 10:00 p.m. to minimize noise to adjacent residents and the number of service calls to the establishment. The Minor Use Permit application was continued by the Zoning Administrator to allow the applicant to submit an acoustical summary (Attachment No. PC 6) that demonstrated the projected impact of noise from the outdoor patio on exterior noise standards measured at the property line adjacent to 32nd Street. As a result of these considerations, the Zoning Administrator limited the hours of operation for the outdoor patio from 9:00 a.m, to 10:00 p.m. to ensure compliance with the Zoning Code and General Plan policies with regard to sensitive land uses and noise. Alcohol service on the accessory outdoor patio is characteristic of several restaurants in the Cannery Village /McFadden Square neighborhood. The seating configuration both Inside and outside lend the establishment to fine dining with tables and chairs. The establishment does not lend itself to a bar or tavern because there is no bar or counter to serve patrons. Instead, patrons are to be served at a table configuration, which places an emphasis on the dining experience, with alcohol consumption as an accessory service. The adjacent tenant space, Chipotle, also provides on sale alcohol service but does not offer alcohol service on the outdoor patio adjacent to Newport Boulevard. An analysis of the factors for consideration and the additional required finding per Section 20.48.030.C.3 are discussed in the Zoning Administrator staff report (Attachment No. PC 3). As required by Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code, the outdoor patio area provides adequate barriers between the outdoor dining area and adjacent parking, pedestrian, and vehicular circulation areas, The proposed awning over the outdoor patio area is compatible with the architecture of the overall shopping center and will enhance the overall dining experience of the establishment. Parking for the Outdoor Patio 4. `The captioned Use Permit which is processed under the recently adopted Zoning Code appears to include outdoor dining as part of the use permit. However, it is unclear whether this outdoor dining grant ensures that the size of the outdoor dining will not overburden the parking at the Landing." The subject use permit Includes both the Interior dining and outdoor patio approvals as permitted under the current Zoning Code. An analysis of the parking for the proposed establishment is provided in the Zoning Administrator staff report (Attachment No. PC 3). The tracking tables, which demonstrate the square footage calculations for the interior dining and outdoor patio of the new eating and drinking establishment, are Included as Attachment No. PC 9. The addition of the interior gross floor area combined with the outdoor patio square footage in excess of 25 percent of the net public area for the 'new establishment does not exceed the 15 percent limitation for eating and drinking F' Crow Burger Kitchen Appeal March 3, 2041 Page 8 establishments within the shopping center. The proposed project, combined with previously permitted eating and drinking establishments, accounts for 54 percent of the of the gross floor area allotted for eating and drinking establishments. Exterior Signage 5. Condition No. 1 states, `Yhe development shall be in substantial conformance with the approved site plan, floor plan, and building elevations dated with this date of approval." Although this is unclear, presumably it means the plans provided to the Zoning Administrator: Condition No. 25, states: "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. "However, the building elevations show the advertising of beer. "Crow Burger Kitchen, find food + beer. This conflicts with Condition No. 25." Condition No. 48 of the Zoning Administrator Action letter states, "All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code." Signage is not included in the subject Minor Use Permit approval, The colored exterior elevations provided in the Planning Department Action Report were for demonstrative purposes only and are not to be included as pail of the final, approved set of plans. Exterior elevations for the Minor Use Permit approval were provided on a separate plan sheet, entitled A5.0. Note No. 3 on this plan sheet Indicates that all tenant signage is under a separate permit. The property owner has submitted an application for a comprehensive sign program at the shopping center and the Planning Department is currently reviewing the application for compliance with Zoning Code standards and use permit approvals for the shopping center. Thus, there will not be a conflict between the approved set of plans and Condition Nos, 1, 25, and 48, Square Footage Calculation 6. "Condition No. 4 requires that, 'The patio floor area in excess of the 25 percent allowance will be deducted from the 15 percent of gross floor area limitation for eating and drinking establishment uses.' The captioned decision fails to perform this deduction and fails to show the square footage which remains for other eating and drinking establishments. The captioned decision should be revised to include this calculation." The tracking tables, which demonstrate the square footage calculations for the new eating and drinking establishment, were provided as an attachment to the Zoning Administrator staff report, which was not scanned as a part of the weekly Planning Department Action Report, The tracking tables have been included in the Planning Commission staff report as Attachment No. PC 9. P), Crow Burger Kitchen Appeal March 3, 2011 Page 9 At the Planning Commission meeting of December 9, 2010, the specific square footage language was left out of the condition of approval for Use Permit No. UP2010 -017 (Chipotle), so as not to restrict the square footage to a specific tenant space within the shopping center. As a result, the subject application was conditioned accordingly. Should the Planning Commission wish to do so, the Planning Commission may revise Condition No. 4 to indicate the specific square footage allotted for the subject establishment as shown in the tracking tables. Decision Date 7. "The captioned decision lists the date of the decision as 'January 13, 2011. As indicated above, this is Incorrect. As indicated on the attached Agenda for the January 27, 2011 Meeting of the Zoning Administrator, the hearing for the captioned action was noticed for January 13t" but continued to January 27, 2011. Hence the appeals are timely and this typographical error should be corrected." The date as originally indicated on the action letter was a typographical error and has been corrected as shown in Attachment No. PC 3. Summary Staff recommends the Planning Commission uphold the Zoning Administrator's approval of the use permit per the conditions of approval provided in the attached draft resolution for a food service, eating and drinking establishment with a Type 41 (On Sale Beer and Wine, Eating Place) ABC license and an outdoor dining patio. Alternatives If the Planning Commission does not wish to sustain the decision of the Zoning Administrator, the Planning Commission may revise the conditions of approval or reverse the decision of the Zoning Administrator and deny the application. Should the Planning Commission choose to do so, staff will return with a resolution incorporating new findings and or /or conditions. ENVIRONMENTAL REVIEW The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. This exemption also Includes accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. Crow Burger Kitchen Appeal March 3, 2011 Page •10 The proposed project involves the establishment of a restaurant in an existing tonant space and the construction of a new outdoor patio. The proposed use is less than 2,500 square feet. Therefore, both the interior use and outdoor patio qualify for a categorical exemption under Class 3. NOTICING 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 Flail and on the City website. Prepared by: Maka a Novi , Assistant Planner ATTACHMENTS Submitted b i/ Patrick J. Alford, Ian ing Manager PC 1 Draft Resolution PC 2 Zoning Administrator Staff Report PC 3 Zoning Administrator Action Letter PO4 Commissioner Unsworth's Memorandum Requesting Appeal PC 5 Commissioner Hawkin's Memorandum Requesting Appeal PC 6 Acoustical Summary PC 7 Alcohol Related Statistics PC 8 Newport Beach Reporting Districts PC 0 Police Department Recommendation PC 10 The Landing Square Footage Tracking Tables PC 11 Project plans r:\Users \PLN \Shared\PA's \PAs - 20101PA2010- 155 \PA2010 -155 PC Rpt.docx Tmpll: 11123/09 ('fry Attachment No. CC 7 Planning Commission Resolution `) / t > RESOLUTION NO. 1836 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2010 -036 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH NO LATE HOURS, A COVERED OUTDOOR PATIO, AND A TYPE 41 (ON SALE BEER AND WINE, EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE LOCATED AT 3107 NEWPORT BOULEVARD (PA2010 -155). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: �axl1 Eel ►1111111041 r-IN111141TAX!1ri10y_TSYN An application was filed by Steve Geary, with respect to property located at 3107 Newport Boulevard, and legally described as Lots E, F, and H on Parcel Map, as per map filed in book 32, page 41 of Parcel Maps, in the office of the County Recorder in the County of Orange, together with that portion of Lake Avenue shown as Parcel "G on said Parcel Map, vacated and abandoned by Resolution No. 1012 of the City Council of Newport Beach, recorded May 15, 1981 as Instrument No. 40308 in book 14079, page 939 of official records in the office of said County Recorder, also together with a portion of Section 28, Township 6 south, range 10 west, San Bernardino Meridian, as per Parcel Nos. 1, 2, and 3 of the official plat filed in the district land office August 4, 1980 requesting approval of a minor use permit. 2. The applicant proposes a food service, eating and drinking establishment with no late hours, a covered outdoor patio, and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The gross floor area of the establishment is 1,878 square feet, the interior net public area will be 650 square feet, and the outdoor patio will be 259 square feet in area. The establishment will provide a maximum of 42 interior seats and 22 seats on the patio. The hours of operation are from 9:00 a.m. to 11:00 p.m., daily, for the interior of the establishment, from 9:00 a.m. to 8:00 p.m., daily, for alcohol service on the outdoor dining patio, and from 9:00 a.m. to 10:00 p.m., daily, for food service on the outdoor dining patio. The property is located in the CN (Commercial Neighborhood) zoning district. 3. The subject property is located within the Commercial Neighborhood (CN) zoning district and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN). 5. A public hearing was held by the Zoning Administrator on January 13, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Zoning Administrator continued Use Permit No. UP2010 -036 to a date certain on January 27, 2011. A notice of time, place and purpose of the meeting was given in r� Planning Commission Resolution No. 1836 accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. A public hearing was held by the Zoning Administrator on January 27, 2011, in the City Hail Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Zoning Administrator approved Use Permit No. UP2010 -036 based on the findings and conditions of approval contained in the Zoning Administrator Action Letter. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. On February 7, 2011, the Zoning Administrator's decision to approve Use Permit No. UP2010 -036 was appealed by Planning Commissioner Unsworth. The appeal was filed to review the process by which the use permit was approved, alcohol service on the outdoor dining patio, and the applicability of the operator's license ordinance. 8. On February 9, 2011, the Zoning Administrator's decision to approve Use Permit No. UP2010 -036 was further appealed by Planning Commissioner Hawkins. The appeal was filed to review the process by which the use permit was approved, alcohol service on the outdoor dining patio, the applicability of the operator's license ordinance, the required findings for the subject application, and a typographical error in the Zoning Administrator Action Letter. 9. The Planning Commission held a public hearing on March 3, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The Planning Commission considered evidence, both written and oral presented at this meeting. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 10. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3, (New Construction or Conversion of Small Structures). The Class 3 exemption includes a store, motel, office, restaurant or similar structure not involving significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. This exemption also includes accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed project involves the establishment of a restaurant in an existing retail tenant space and the construction of a new outdoor patio. The proposed use is less than 2,500 square feet. Therefore, proposed use and outdoor patio qualifies for a categorical exemption under Class 3. Tmpll: 04/14/10 10 Planning Commission Resolution No. 1836 Page 3 of 14 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding A. The use is consistent with the purpose and intent of Subsection 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding A -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of beer and wine is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Findina a The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding B -1. The General Plan land use designation for this site is CN (Neighborhood Commercial). The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to serve the needs of and maintain compatibility with residential uses in the immediate area. An eating and drinking establishment with alcohol sales and accessory outdoor dining is a consistent use within this land use designation. Restaurant uses can be expected to be found in this area and similar locations and are complimentary to the surrounding commercial and residential uses. B -2. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents alike. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The new establishment will improve and revitalize the existing retail building and the surrounding neighborhood. B -4. The subject property is not part of a specific plan area Finding Tmpit: 04/14/10 (11 Planning Commission Resolution No. 1836 Page 4 of 14 C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding C -1. The site is located in the CN (Commercial Neighborhood) Zoning District. The CN zoning district is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed food service, eating and drinking establishment with beer and wine alcohol service and an outdoor patio is consistent with land uses permitted by the CN Zoning District. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding D -1. The operation of the restaurant will be restricted to the hours between 9:00 a.m. and 11:00 p.m., daily. Alcohol service on the outdoor dining patio will be restricted to the hours between 9:00 a.m. and 8:00 p.m., daily. The operation of the outdoor patio will be restricted to the hours between 9:00 a.m. and 10:00 p.m., daily. D -2. A restaurant has been operated in this location since 1971 pursuant to Use Permit No. 1551 and has not proven detrimental to the area. The tenant space within the shopping center has operated as an eating and drinking establishment in the past and demonstrated the location's capability of operating as a compatible use with other land uses in the vicinity. D -3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The restaurant is oriented toward the parking lot and is located approximately 225 feet from residential properties across 32nd Street. The use permit has been conditioned to require the folding doors and the outdoor patio area to be closed by 10:00 p.m. so that the establishment will comply with exterior noise standards and shield the restaurant activity from the residential uses across 32nd Street. The applicant is also required to control trash and litter around the subject property. D -4. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community so that the business remains a restaurant and does not become a bar or tavern. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. Tmpit: 04/14110 61"),r, -- Planning Commission Resolution No. 1836 Paae 5 of 14 D -5. The applicant is required to install a grease interceptor, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. Finding E The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding E -1. The project site is located within an existing retail building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. E -2. Adequate public and emergency vehicle access, public services, and utilities are provided within the renovated shopping center. E -3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding F -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. The outdoor patio and louvered folding doors must be closed by 10:00 p.m. to limit the exterior noise to the surrounding residents. F -2. The food service, eating and drinking establishment will serve the surrounding residential community. The proposed establishment will provide dining services as a public convenience to the surrounding neighborhood. This will revitalize the project site and provide an economic opportunity for the property owner to update the retail Tmplt: 04/14/10 Planning Commission Resolution No. 11336 tenants and services, which best serve the quality of life for the surrounding residential community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby affirms the appeal in part and approves Use Permit No. UP2010 -036, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 3`d DAY OF MARCH, 2011. AYES: Eaton, Unsworth, McDaniel, and Hillgren NOE=S: Hawkins ABSTAIN: None ABSE=NT: ,Amer! and Toerge B . � -)V� ) lid Earl McDaniel, Chairman BY: 'w C ames W. Campbell, Ex- Officlo Secretary of the Planning Commission Ympll: 04114/10 • lf� Planning Commission Resolution No. 1836 Page 7 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) Planning Department Conditions The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This Use Permit may be modified or revoked by the City Council, Planning Commission, or Zoning Administrator should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. 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. 4. 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. 5. Use Permit No. UP2010 -036 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 6. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. Tmplt: 04/14/10 Y" Planning Commission Resolution No. 1836 Page 8 of 14 10. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the outdoor dining area in excess of 25 percent of the interior net public area in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 11. A copy of this approval letter shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. 12. The hours of operation for the interior of the eating and drinking establishment are limited from 9:00 a.m. to 11:00 p.m., daily. The hours of operation for the outdoor patio are limited from 9:00 a.m. to 10:00 p.m., daily. The hours of operation for alcohol service on the outdoor patio are limited from 9.00 a.m. to 8:00 p.m., daily. All activities within the outdoor dining area, including cleanup activities, shall cease at the specified closing hour and no later. 13. The doors to the outdoor patio area shall be closed by 10:00 p.m., daily, to limit the impact of interior noise to residents in the vicinity. 14. [deleted] 15. Live entertainment and dancing shall be prohibited as a part of the regular operation. 16. 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. 17. The patio floor area in excess of the 25 percent allowance will be deducted from the 15 percent of gross floor area limitation for eating and drinking establishment uses. 18. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. 19. The outdoor patio shall be limited to 259 square feet in area and provide seating for twenty two persons maximum. 20. The seating and dining in the outdoor area shall be limited to dining table height (approximately 30 inches) and table surface area of 24 inches by 30 inches minimum. The use of elevated counters, tables, and barstools are prohibited in the outdoor dining area. 21. Prior to issuance of building permits, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Department. Final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. Tmplt: 04/14/10 `I((/ Planning Commission Resolution No. 1836 Page 9 of 14 22. The boundary of the accessory outdoor dining area shall be marked through the use of a 36- inch -high rail as shown on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 23. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 24. The installation of roof coverings in addition to the proposed fabric awning shall not have the effect of creating a permanent enclosure. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Planning Director and may require an amendment to this permit. 25. 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. 26. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 in conjunction with the service of food as the principal use of the facility. 27. 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. 28. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 29. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 30. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. TmpIV 04114/10 "1 Planning Commission Resolution No. 1836 Page 10 of 14 31. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based up on monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 32. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on command. 33. There shall be no on -site radio television, video, film, or other electronic or media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 34. Live entertainment and dancing shall be prohibited as a part of the regular operation of the establishment. 35. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 36. The approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 37. Full meal service shall be provided during all hours of operation. 38. Strict adherence to maximum occupancy limits is required. 39. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or 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. 40. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 41. The proprietor shall actively control any noise generated by the patrons of the facility. 42. The operator of the facility shall be responsible for the control of noise generated on the subject facility. Pre - recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the Tmplt: 04/14/10 Planning Commission Resolution No. 1836 Page 11 of 14 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 period unless the ambient noise level is higher: 43. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 44. [deleted] 45. No amplified music, outside paging system, loudspeaker or other noise generating device are permitted in conjunction with the outdoor dining area. 46. No outside paging system shall be utilized in conjunction with this establishment. 47. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 48. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 49. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on- site or off -site, to advertise the restaurant. 50. 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. Tmplt: 04/14110 TI Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial Property N/A J 65dBA N/A 60dBA 43. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 44. [deleted] 45. No amplified music, outside paging system, loudspeaker or other noise generating device are permitted in conjunction with the outdoor dining area. 46. No outside paging system shall be utilized in conjunction with this establishment. 47. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 48. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 49. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on- site or off -site, to advertise the restaurant. 50. 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. Tmplt: 04/14110 TI Planning Commission Resolution No. 1836 Page 12 of 14 51. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 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. 52. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self - locking gates. 53. The applicant shall provide a minimum of one common trash enclosure evenly distributed throughout the project site. The size, design and location of trash enclosures shall be subject to the review and approval of the Public Works and Planning Departments prior to issuance of a building permit for new construction. The enclosures shall be located on a four inch concrete pad screened by a six foot high decorative concrete block wall that is compatible with the architectural design of the residential buildings. The enclosures shall incorporate a cover of decorative beams or other roofing material to provide security and visual screening from above. 54. 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. 55. The exterior of the business 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. 56. 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). 57. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Department for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. Tmpil: 04/14/10 (f0 Planning Commission Resolution No. 1836 Pape 13 of 14 58. 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. 59. 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. 60. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Crow Burger Kitchen including, but not limited to Use Permit No. 2010 -036 and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building and Fire Department Conditions 61. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Department. 62. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 63. 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. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Department. 64. The construction plans must meet all applicable State Disabilities Access requirements. 65. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 66. A grease interceptor shall be installed prior to the establishment opening for business. Tmplt: 04/14/10 a Planning Commission Resolution No. 1836 67. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 68. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 69. The applicant shall provide a Type I hood with a kitchen suppression system for cooking equipment. 70. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. 71. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 72. All exits shall remain free of obstructions and available for ingress and egress at all times. 73. Strict adherence to maximum occupancy limits is required. Public Works Department Conditions 74. County Sanitation District fees shall be paid prior to the issuance of any building permits. Tmpll: 04/14/10 �oo- Attachment No. CC 8 Planning Commission Minutes Ol NEWPORT BEACH PLANNING COMMISSION MINUTES 03/0312011 --1%6tkm-caffwd3mdL the following vote: Ayes: Eaton, Unsworth, Haw i i}Igr Noes: None Ex meri and Toerge SUBJECT: Crow Burger Kitchen Appeal — (PA2010 -155) ITEM NO. 4 3107 Newport Boulevard PA2010 -155 An appeal of the Zoning Administrator's approval of Minor Use Permit No. UP2010 -036 Approved allowing an eating and drinking establishment (food service with no late hours) with a covered patio and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. Makana Nova, Assistant Planner, gave a brief overview of the staff report with a PowerPoint presentation and mentioned the following: • This was a de novo hearing as a result of the appeal. • It is the Planning Division's practice that when a new entitlement application is submitted, it is processed under the current code. Commissioner Unsworth and Commissioner Hawkins filed an appeal and discussed the following issues: • Under the prior Zoning Code, conditions imposed on the Landing required that any restaurant serving alcoholic beverages come back. before the Planning Commission for a use permit. • Questioning whether or not there "should be 'outdoor service of alcoholic beverages and a gate from the patio to the public walkway. • A 36 inch railing was an issue due to young adults going to.the nearby grocery store coming from the beach. and has the potential for making alcoholic beverages readily available `as they may.. interact with patrons of the establishment. • Open doors were.an issue because of the.added noise, and should only open when patrons go in and out. • The potted trees and location of a. bench area on the Landing property. The Applicant, Steve Geary, addressed the questions from the Commissioners and the questions were resolved as follows: • The gate from the patio will be locked and only be used as a fire exit. • The doors will be pocket doors and the opening will be just a few feet. • Outside alcohol service, limited to beer and wine, is important to the overall feel of the restaurant. Craig Oka of Architects Design Consortium, Architect for the project clarified the following: • A sliding glass door would allow egress and ingress to and from the patio. • Elimination of the gate if allowed by the Building and Fire Department • Planters to be moved closer to the railings. • Awning would mitigate noise on the patio. • Agreeable to height of the patio wall of 60 inches rather than 36 inches. Public comment period was opened. Page 3 of 7 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/03/2011 were given by the following persons: Sean Whiskeman - Catellus Development Group • Spoke regarding the opening of the shopping center. Richard Luehrs — President of the Newport Beach Chamber of Commerce • In support of outdoor dining facility, stated that crime statistics lowest in 40 years. George Schroeder — 129 35 th Joyce Fay Barnes —122 E. Bay Avenue Joe Reiss — 30th Street Richard Meyer— 1623 West Balboa David S. — Seashore Drive • Concerns of alcohol consumption by minors due to a small height of wall. • Too many restaurants serving alcohol in the area. ' • Patio area of concern with the noise from the restaurant, even after patrons leave. • Alcohol related issues need to be kept in perspective. Public comment period was closed. Commissioner Hillgren was in support of the project as it had been consistent with the approvals given to others at the center. The location, not being on the corner or on the street was not an issue and therefore. discouraged the outdoor barrier since the operator would not risk losing the alcohol license, and 'aesthetics would be compromised. In addition, he mentioned that the rest of the uses in the center are subject to the conditional use review as approved in the Development Agreement for the project. City Attorney Leonia Mulvihill stated that all applications are processed under the current Zoning Code. Commissioner: Hawkins disagreed in that he stated that the Landing use permit was processed under the old Zoning Code. Even when applying the new Zoning Code the use permit for the Landing did not include specification of the minor or conditional use permit and, added that it could still be presented to the Planning Commission. Motion made by Commissioner Hillgren and seconded by Commissioner Hawkins, to adopt a resolution denying the appeal and upholding and affirming the decision of the Zoning Administrator -to, approve Minor Use Permit No. UP2010 -036, subject to the findings and conditions of-approval included within the draft resolution with the following modifications: Public comment period was re- opened Detective Bryan Moore addressed the following concerns: Patio barrier — Could not speak as to what the impact of the noise would be. Passing of alcohol to minors was not an issue as the area would be conditioned appropriately. Beer and wine — People may become intoxicated but did not believe that it would be of concern. Patio hours — Did not foresee an issue as the patio would close at 10:00 p.m., mitigating some noise. Public comment period was closed. Page 4 of 7 �V NEWPORT BEACH PLANNING COMMISSION MINUTES 03/03/2011 Commissioner Hawkins mentioned that the issue related to the outdoor patio had been addressed by Detective Moore. A substitute motion was proposed by Commissioner Hawkins that the appeal be affirmed as to the issue of the jurisdiction of the Zoning Administrator in the minor use permit. The maker of the motion declined the proposed substitute motion as the text did not need to appear in the motion; the substitute motion was subsequently withdrawn by the maker of the substitute motion. Chairperson McDaniel would have liked a higher wall; but found no issue as the beer and wine alcohol service on the patio issue had bee n resolved. Commissioner Unsworth noted that the land -use was at issue.';for approval and mentioned that the problem with inebriated minors could be .mitigated if there were a demising wall along with the outdoor alcohol service. Commissioner Eaton noted his issue with the outdoor alcohol service on the patio, and would prefer that there be no alcohol service on the..patio. He added that there was enough indoor seating to accommodate the alcohol.service, exclusively indoors. Substitute Motion by Commissioner Hawkins and seconded by Commissioner :Eaton, to approve as presented with the prohibition of alcohol service on the outdoor patio.. Maker of the motion, Commissioner Hillgren, added to the substitute motion that the outdoor patio alcohol service conclude at 8:00,p,m., and the maker of the substitute motion, Commissioner Hawkins, and the second :maker of the. substitute motion, Commissioner Eaton, agreed. Motion carried with the following vote: Ayes: Eaton, Unsworth, McDaniel, and Hillgren Noes: Hawkins Excused: Ameri and Toerge, Malarky's_Irish Pub - (PA2010 -172) ITEM NO. 3011 Newport Boulevard.. %applica PA20 - 72 consists of a conditional use permit request to expand an existing proved eating and drink establishment and to allow for the use of off -site parking. T application also inclu equest for a comprehensive sign program to allow ore than 3 signs on a sint building. Jaime Murillo, Associate, lanne ,.`gave a brief overview of th aff report and mentioned the follow Staff originally was i 644e 1 anding th ' terior ea and wanted to utilize the >oand Operator License as tive tool; however th sition now is there are negative effects that result fronding the dinin ea to t ate hours especially when operating as a bar teyond the s e of the Operato icense. Some of the negative effect are: Taxi cabs aocking circulation upon closing. Jay walking ult of patrons exiting the restaurant. • An influ patrons going to the surrounding neighborhood and congregatin in ate hours. • ther establishments already in a similar location and proximity that cumulatively would have a negative impact. Page 5 of 7 (o! �o�� Attachment No. CC 9 Council Member Rosansky's Memorandum Requesting Appeal jO °A p From: parandigm @aol.com [mailto:parandigm @ aol.com] Sent: Sunday, March 06, 20116:48 AM To: Brown, Leilani Cc: Kiff, Dave; mhenn527 @hotmail.com Subject: Planning Commission Decision Call -Up Request Hi Leilani I would like to request that we call -up the decision of the Planning Commission with regard to their decision on the Crow Burger restaurant at the last Planning Commission hearing. In particular, I would like to review the alcoholic beverage operating hours for the patio. Please try and schedule this for the March 22 Council meeting. Thanks Steven Rosansky �j` I �)- Attachment No. CC 10 Public Comment Letters 113 RECEIVED BY PLANNING DEPARTMENT From: Bill Garrett [ mailto: baarrettCabinteroacificmamt.coml MAR 14 2011 Sent: Monday, March 14, 20113:12 PM To: Nova, Makana Cc: mhenn5270hotmail.com CITY OF NEWPORT BEACH Subject: Crow Burger Kitchen Minor Use Permit No. UP210 -036 Dear Makana Nova. Concerning the appeal of the Minor Use Permit referenced above. Please be advised that I feel strongly that the restrictive hours for the outdoor patio placed on the applicant, Steve Geary are far too restrictive and will have a negative impact on the business. I have lived on the Peninsula at 209 30'h Street for the past 30 years and we are looking forward to some upscale dining establishments to come into the area. The Crow Burger Kitchen will be a nice addition to our neighborhood. Most of our neighbors feel the same. However, there is a very small, vocal minority in our neighborhood that are opposing any expansion or improvements of any business that serves alcohol. This is indeed counterproductive to the further improvement of our area. The Crow Burger Kitchen is a restaurant, not a bar. Restricting the patio hours are impractical from operational stand point and will make the success of the business more difficult. Why would anyone want that? It is unfortunate that such a small minority, with their own agenda, has given the decision makers such a slanted view. When in fact just the opposite is true. The new businesses, (including Malarkeys) will improve the property values not depress them. Please pass this on to the city council members. Thank you. Williarn E. Garrett, Jr., CPM President (DRE License 00871162) INTERRACIFIC ASS'E7' MANAMEMSNY Interpacific Asset Management (DRE License 01073855) 5505 Garden Grove Blvd. Ste 150 Westminster, CA 92683 (714) 891 -8804 x.107 (714) 894 -5643 Fax 115 1160 O 4i Makana: Wetherholt, Drew From: Wetherholt, Drew Sent: Wednesday, January 26, 2011 7:04 PM To: 'Nova, Makana' RECEN PLANNING DEPARTMENT CITY OF 1,MWWORT BEACH Subject: Notice of Public Hearing- Activity No. UP2010 -036 & OD2010 -005 Crow Burger Use Permit Makana: Page 1 of 4 Please submit my comments to the zoning administrator /public record. I will also be submitting for public record a CD that contains five 30- second video clips of some of the surrounding establishments to illustrate my "acoustical study." A copy of this email with the CD will be delivered to your office Thursday morning. Please have the zoning administrator review or arrange it so I may present this at the hearing on Thursday. These files can be accessed with Windows Media. I will bring my laptop and an additional copy of the CD to use if necessary. It is my understanding that the hearing was continued so the applicant could arrange for a sound -test or some sort of acoustical study. My first question is how does one conduct a "acoustical study" on a fully vacant, half -built shopping center? Secondly, being the applicant is paying for this "study" I always find it suspect that these "reports" always side with the applicant. After reviewing the applicant's acoustical report I have the following comments: 1. This report was done on a Wednesday night- the quietest night of the week! While there is some discussion about traffic noise levels and how it may increase it does NOT specifically address noise that comes from, or potentially comes from, both restaurants and bars including establishments that have doors closing off their patio areas such as Rudy's and Newport Brew Co. Human voices, loud music, screaming customers, "party atmosphere on the patio ", etc., carry throughout our neighborhoods despite the various levels of traffic. 2. The report ONLY references ONE sound measurement ?!? Seriously? Not very through or scientific to say the very !east. 3. Page 2 of the report briefly discusses how the sound MAY decrease as it travels across the parking lot. It fails to discuss how the sound will decrease when you have customers on the patio talking excessively loud, yelling or screaming which is common place from these types of restaurant/bars. Loud music is also not addressed when the doors are opened and closed. Rudy's is excessively loud with few people on the patio but with the door opening and closing. (See attached video clips) Also Rudy's and Newport Brewing Company like to call themselves restaurants. Crow Burger has the same potential as both Rudy's and Newport Brew Co. and both of these establishments can be heard from a long distance. My video clips were taken this past weekend between 10 -11 PM with a very simply Canon PowerShot SD980 camera that can also record video with the built -in microphone only being a 1/16 of an inch (no fancy equipment here). 1. Clip Jan222011 088- Shows Malarkey's from across the street with traffic. The owner of Malarkey's is calling his establishment a restaurant/bar. Reality, it's a bar and the sound is loud enough to be heard all the way down the ally that Malarkeys faces. Malarkey's is excessively loud with both its door open and its customers outside. Malarkeys does not even have a patio! 2 Clip Jan222011 094- Shows Rudy's, which has a similar folding door and patio as proposed by Crow Burger and you can see the excessive noise coming from the establishment. Clip taken from across the street with traffic. 3. Clip Jan222011 095- Again, shows Rudy's with screaming and excessive music and noise even with the patio doors closed. This is heard by residents from 30d to 32nd Streets. 1/26/2011 i 119 Makana: Page 2 of 4 4. Clip Jan222011 104- Shows Newport Brew Co, restaurant/bar, with a patio with one door to the patio with . traffic. This can be heard on the 200, 300 and 400 blocks of 301h Street and probably beyond. 5. Clip Jan262011 002- Again shows Newport Brew Co but at 5PM Sunday afternoon. Clearly the noise is loud even then. Unfortunately, my camera ran out of memory or I would have had additional clips of the other establishments during the day. Clearly, this is a problem both day and night. Residents over the years have spoken out against these problems and very little seems to get done. Residents are also often afraid to speak up due to threats or retaliation as what was experienced by the residents in Cannery Village when the challenged the Newport Brew Co several years ago. This area is already over - concentrated with problematic ABC establishments and the related negative impacts that our neighborhoods have to endure. We do not need one additional restaurant with a patio that morphs into a bar after 10PM. It is my understanding that the Newport Beach Police Department has recommended that the patio be closed at 10PM in order to prevent these sort of problems. I also would encourage that the patio be closed at 10PM. Thank you for you consideration. Drew M. Wetherholt Director, National Retail Group Marcus & Millichap (909) 456 -3400 ext. 7019 3281 East Guasli Road (909) 456 -7019 direct Suite 800 (909) 456 -7063 fax Ontario, CA 91761 (949) 466 -6088 mobile License: CA: 01065168 drew.wetherholt anmarcusmillichan.com Marctj, � Kllljchap Re,il Estate Iavesuneal Senices Innslmcnl Sales • litumdng + Research � hrlvrwrp Scrtiim CONFIDENTIALITY NOTICE and DISCLAIMER: This email message is intended only for the person or entity to which it is addressed and may contain confidential and /or privileged material. Any unauthorized review, use, disclosure ordistribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient but do not wish to receive communications through this medium, please so advise the sender immediately. Nothing in this communication should be interpreted as a digital or electronic signature that can be used to authenticate a contract or other legal document. The recipients are advised that the sender and Marcus & Millichap are not qualified to provide, and have not been contracted to provide, legal, financial, or tax advice, and that any such advice regarding any investment by the recipients must be obtained from the recipients' attorney, accountant, or lax professional. From: Wetherholt, Drew Sent: Thursday, January 13, 2011 1:31 PM To: 'Nova, Makana' Subject: Notice of Public Hearing- Activity No. UP2010 -036 & OD2010 -005 Crow Burger Use Permit Makana: Thank you for all you work and information regarding the project! Unfortunately, my schedule will not allow me to attend the public hearing at 3:30PM Thursday. Please submit my comments to the Zoning Administrator /public record. While I wish the Steve Geary and Crow Burger much success at this location and I look forward to dining here I do have the following concerns and requests as a nearby resident and owner: I do not wish to see another problem ABC establishment in the area. District 15 and the immediate area 1/26/2011 120 Makana: Page 3 of 4 surrounding this location is grossly over - concentrated with ABC establishments and problematic bars. According to the Newport Beach Police Department and ABC, our immediate area has the highest concentration of ABC licenses both in the City (1 per every 38 residents in district 15111) and Orange County. The residents do not wish to see this RESTAURANT morph into a BAR as we have seen before. The residents are sick and tired of the negative impacts on our neighborhoods due to the abuse of alcohol. Our neighborhoods are continually subjected to screaming drunks between the hours of 10 -2AM, puke on the sidewalks & property, vandalism and property damage, crime, drunk drivers, fights, public urination, and public sex including used condoms in the streets, etc. For example, this past weekend around 11:45PM, 301h Street was subjected to a drunk individual who witnesses said came from Malarkey's parking lot and tried to physically break into two residences. This individual first threw a metal real estate for -sale sign across the street hitting and gashing the side of a parked pick -up truck. He then kicked down the gate at a residence and then proceeded to try to break -in a vacant condo. He then proceeded to try to gain entry into an occupied condo. These residents then tackled /detained this resident until the police arrived. At least five (5) police units responded and the police helicopter was above. This clearly was an ugly situation that could have been even worse. Unfortunately, this is, not an isolated incident either. Most TRUE restaurants in the area closed on or before 11 PM. Therefore, I would request that this establishment close on or before 11 PM so that it does not morph into a bar or bar -like "hang -out" and contribute to the problematic bars in the area. 2. The hours of the proposed patio being open to 11 PM are too late. My concerns here are both the noise levels and the creation of a bar -like, party atmosphere on this patio. In the same center the patio area fc appropriate for Crow Burger. There is just too much potential for this patio area to be loud and out -of- control. Should this operator wish to have the patio open to 11 PM, I would rather see the operator establish a good operating track record here AND then allow for this operator to have the patio open to 11 PM. 3. The according doors are a concern for too much noise being released into the neighborhoods. Both Rudy's and Newport Beach Brew Co both have excessively loud patios and often times Rudy's (who has the open patio area with their doors) can be heard all the way over to 30th Street. I feel the according doors should be limited to a smaller portion on the front of the business rather than most of the front and should be closed no later than 10PM. Commercial doors like Chipotle will be utilizing is a better option. Thank you for your consideration. Drew M. Wetherholt Director, National Retail Group Marcus & Millichap (90 9) 456- 3400ext. 7019 3281 East Guasti Road (909) 456 -7019 direct Suite 800 (9D9) 456 -7063 fax Ontario, CA 91761 (949) 466 -6088 mobile License: CA: 01065168 drew. wetherholl (a)marcusmillichap.com Marcus &MiUjchap Real Eswe hnesiment SetNices Invustmenl Sala • Minandng + Research a AdtisarySmites CONFIDENTIALITY NOTICE and DISCLAIMER: This email message is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. If you are the intended recipient but do not wish to receive communications through this medium, please so advise the sender immediately. Nothing in this communication should be interpreted as a digital or electronic signature that wn be used to authenticate a contractor other legal document. The recipients are advised that the sender and Marcus & Millichap are not qualified to provide, and have not been contracted to provide, legal, financial, ortax advice, and that any such advice regarding any investment by the recipients must be obtained from the recipients' attorney, accountant, or tax professional. 1/26/2011 �Z� i, i i� i i� i� i� i� i� i� i i i i i i i i i i i i i i i ��� i Attachment No. CC 11 Acoustical Summary t;�' 11- JLIA ACOUSTICAL CONSUL'. >. _.a 177 Riverside, #F Newport Beach, CA 92663 Certified Acoustical Consultants Phone 714 960 -751 1 .Pax 714 960 -6775 Li 1 -005 Email• RColia @socal.rr.com January 21, 2011 Mr. Steve Geary The Crow Bar & Kitchen 2325 .Coast Highway Corona Del Mar, CA 92625 SUBJECT: Acoustical Report of Measurement of Potential Noise Levels At the New Restaurant at 3107 W. Balboa in Newport Beach Dear Mr. Geary; This letter has been prepared to detail the results of measurements of the ambient noise levels along 32nd Street between Balboa Boulevard and Newport Boulevard in Newport Beach. These measurements were made with a clear view to the vehicular traffic on 32nd Street. The measurement location was at the edge of sidewalk representing the closest property of the residences on the north side of 32nd Street. The measurements were made between 10:00 P.M. and 10:30 P.M. on January 19, 2011 at the location shown in Figure 2. This site was selected to represent the equivalent distance to the property lines of the residences without being on their property. The measurements were made using the A- weighted scale of a Brtiel and Kjaer 2230 Precision Integrating Sound Level Meter, Type I. The meter was calibrated before the measurements and was found to be within 0.3 dB of tolerance. The results of the measurement indicate an average noise level (Lec) of 62 .dB. The ambient noise level of existing traffic in the area .indicates high traffic volumes on Newport Boulevard and 32n4 Street on a. mid- winter mid -week night. One might expect higher traffic flows in spring, summer and fall nights, especially on weekends. RESULTS At North Residential Property Side across 32nd Street: Site 1: Measured 62.0 dBA at reprentative 10 P.M. hour. L11 -005 January 21,2011 , The City Exterior Noise Standard is 50 dBA at night (10:0.0 P.M. to 7:00 A.M). The proposed restaurant at 3107 W. Balboa will have a north facing patio that will seat a maximum of 22 people. Normal conversation between two people averages 65 dBA at 3 feet. With 22 people spealting at once the combined worst case noise. level at _3 feet would be 78.4 dBA at the patio. The residences.across 32nd Street are 2081eet away from the patio to their .closest property line. The noise drop -off rate is 6 dB per each doubling of distance. The noise drop -off with distance was calculated by-the following formula: 20 Log _(3'/208) + 78.4 = 41.6 dBA The noise from the patio will trayserse .across the parldng lot and 32n11 Street and will decrease with distance (of 208 feet) to 41.6 dBA at the residences to the north. Even if the noise level of louder voices would increase to 75 dBA in conversation the projected impact at 208 feet would -fall to 51.6 dBA to the north. Table 1 show these results in summary. The worst -case level of .51.6 dBA is slightly higher the nighttime standard .of 50 dBA but is 'significantly lower than the :existing traffic noise level of 62 dBA at 10 P.M. from 32nd :Street. Thus, the patio noise impact in normal conditions meets the City standard of 50 dBA and is significantly less than ambient street noise. Even the worst -case noise level is significantly less than the ambient street traffic but is slightly higher the noise standard by at least 1 dB. TABLE 1 Summary of Results — New North = Facing Patio, 22 people Patio Noise Distance to Residences Noise Level Nighttime Std. Ambient Level Feet @Residences dBA .32nd St. 65 dBA 208 41.6 50 62 dBA 75 dBA 208 51.6 50 62 dBA (worst -case) -2- I J, (-,? Ll1 -005 January 21, 2011 If you have any questions regarding this information please call. Sincerely.; Certified Acoustical Consultants -3- V,) � MEW' I MOM rf q C? 's . . . . . . . . A �kll cr "I NW—Z'Nkf;�' DMSPII RD I SrAW cr 4 TOlart Cr 5 fwj cl -vs�q AV, j OR 4. Jut • PO 47 (d Iva- A< v 4, �sy j CA roK 5- vz 91 Loca i 41 SIB ro E-VMLW ST 3 mw 5T 4 a-fmsr Ali- V)j FIGURE I RE Site Iocation Map 4zSite Measurement Location -MARCU& l I I T--� [J 555 a s 1 *Patio Location @ 3107 W. Balboa g yy0�0�'11 T� lRr_ 1 t , a f t Rig F Ij `IrI l —erg —1� m �Q �I ryry ,t i t� "t ill i zo FIGURE 2-. Site Measurement Location C� O Attachment No. CC 12 Alcohol Related Statistics )'3l � 32 City of Newport Beach Police Department Memorandum TO: Makana Nova, Assistant Planner FROM: r Paul Salenko, Crime Analyst SUBJECT: ^Alcohol Related Statistics At 'your request, our office has reviewed police services data for the Crow Burger Kitchen at 3107 Newport Blvd. This area encompasses our reporting district (RD) number 15 as well as part of Census Tract 635. This report reflects City of Newport Beach crime data for calendar year 2009, which is the most current data available. Calls for Service Information City wide there were approximately 69,294 calls for police services during this time, of which 6,663 were in RD15. 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 6,194 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,884 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 3,350 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,297.31 per 100,000 people. The national Part One crime rate was 3,667.02* per 100;000 people. Crimes RD 15 Newport Beach California* National* Part 1 343 2,884 1,184,073 10,639,369 Part 2 242 3,350 N/A N/A Part 1Crime Rate 11,506.43 3,297.31 3,203.52 3,465.52 The number of active ABC licenses in this RD is 79 ** Per capita ratio 1 license for every 38 residents. This reporting district had a total of 946 reported crimes as compared to a City wide reporting district average of 162 reported crimes. This reporting district is 784 crimes more or 483.95% above the City wide reporting district average. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. Arrest Information There were 80 DUI arrests and 281 Plain Drunk arrest in this area during this same period as compared to 1,270 for the entire city. This RD amounts to 28.43% of the DUI /.Drunk arrests •. inade.in the entire City. According to a recent national study by the Department of Justice, iCioge _than 36 %.of adult offenders convicted of crimes in 1996 had been drinking at the time pft$eir arrest. Arrests RD 15 Newport Beach California* National* (DUI/Drunk) 361 1,270 324,442 2,094,731 Total Arrests ` 796 3,595 1,474,004 13,687,241% Additional Information tki Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 13 and RD 16 Crimes Part 1 Part 2 CAA' a Rate Arrests (DUI/Drunk) Total Arrests Calls For. Service Number of active ABC licenses Per capita ratiol license for every Not`ei; It is important to rememb affects any percentage changes. RD 13 RD 16 112 167 79 107 5,812.62 6,003.49 39 110 161 323 2,554 3,261 6 ** 6 ** 321* residents 464* residents. er that when dealing with small numbers any change greatly The population figure used for the Crime Rate was 86,252. *;These numbers are from the 2009 Uniform Crime Reports, which is the most.recent edition. *ffThe number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of June 30, 2009 the Orange County average of active, retail ABC licenses was 1 license for every 542 residents. (5,589 licenses and a population of 3,026,786) If you are in need of any further assistance, please contact me at (949) 644 -3791. _ I . P ill Salenko U: Crime Analysis Unit Attachment No. CC 13 Newport Beach Reporting Districts 25 9,�t' Reporting Districts l Newport Reach Police Department 1 kei INn Ian I. 10041 � 1� 3 � N/ CANAL IfiIL Si dyJ /WSJ' 0 29 M I 24 �, f 728 ° 17 ; 25 c ., sen� s, ` 16 ` 26 CaAST NM/Y W M w,.1L 1111, SI 15 14 41 22 / i 13 2011, ST / 12 111, ST / B ST 42 34 ,pb 33 q 35 I I /36 54 \al, rUR�ea ���ON /TACYN °p `�`\ 32 ` 38 51 52 p e O 61 39 '� s � NW10J cOgsrh < 53 "D 43 47 SAp JUApU1N HIIIy 64 - �\ ankGd�4$ a \' 11 44 ~° 66 g a � 45 HOCK 46 r'J GULLY 68 C1 J MOkNING CANYON 67 I, CGYI. n a9`rl CRYSTAL COVE STATEIARN S1ATI SIAU DANK h(y rF j T 16 coq r ST 15 14 �. Attachment No. CC 14 Police Department Recommendation �t � I i I � I � I � I � I � I � I � I � I � I � I � I � I � I � I � I � I � I � I � I � I � I � I � I i I � I � I i I � I i I � I i I i I i I � I i I i I � I i I �I ill �I AO �I 1 I I I I I I I City of Newport Beach Police Department Memorandum November 29, 2010 TO: Makana Nova, Assistant Planner FROM: Detective Bryan Moore SUBJECT: Crow Burger Kitchen, 3107 Newport Boulevard, Use Permit No. 2010 -036, OD2010 -005 (PA2010 -155). At your request, the police department has reviewed the project application for Crow Burger Kitchen, located at 3107 Newport Boulevard, Newport Beach. The applicant proposes a use permit and outdoor dining permit that would allow for a full - service, high turnover eating and drinking establishment with a Type 41 alcoholic beverage license. The gross floor area of the establishment is 1,878 square feet, the interior net public area will be 650 square feet and the outdoor patio will be 259 square feet in area. The establishment will provide a maximum of 42 interior seats and 22 seats on the patio. The requested hours of operation are from 9:00 a.m. to 11:00 p.m., Sunday through Wednesday and 9:00 a.m. to 12 midnight, Thursday through Saturday. The applicant will apply for a Type 41 (On Sale & Wine — Eating Place) license with the Department of Alcoholic Beverage Control. I have included a report by Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this new location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City. This location is also within an RD that is over the Orange County per capita of ABC licenses. Applicant History The applicant, Steve Geary, is a resident of Corona del Mar and has been the principle owner /operator of the Crow Bar and Kitchen restaurant (in CDM) since its inception in 2007. Geary's current concept for the Crow Burger Kitchen involves a restaurant that specializes in serving gourmet style burgers. Geary's intent is to provide patrons with a quality late night dining option, at reasonable prices and a neighborly atmosphere. 1,41 Crow Burger Kitchen UP No. 2010 -036 Geary proposes to pair the restaurant's cuisine with craft style beers as well as a quality, limited wine list. Geary believes that his alcoholic beverage selection will serve to enhance the food and overall dining experience, without providing an atmosphere for heavy drinking over long periods of time. Per the plans provided by Geary, there is no fixed bar at this location; however; he did state that there will be two televisions inside the restaurant (with no sound) which will add to the ambiance of the dining area. The below information represents the time period between January 1, 2010 through November 30, 2010: TYPE CALLS /INCIDENTS NOTES Fights/Disturbance Calls 10 Batteries, verbal disputes, keep the peace Miscellaneous Calls 8 Medical aid, alarms, etc. Alcohol Related Arrests 2 2) DUI and (0 ) public intoxication Use Permit Violations 0 None noted by Police Department Recommendations The proposed location for Crow Burger Kitchen is located in RD (reporting district) 15 which is the most concentrated area for retail alcohol establishments in Newport Beach (1 ABC license for every 38 residents). Additionally, this RD had a total of 946 reported crimes as compared to a City wide reporting district average of 162 reported crimes (483.95% above the City wide RD average). These statistics would tend to indicate that there is a strong correlation between the over - concentration of ABC establishments and police related activity. It should also be noted that the majority of these calls for service occurred between the hours of 6 p.m. and 2 a.m. It is for the above reasons that we are projecting that the applicant's proposal will have an impact on police related activities and calls for police services. In order to minimize the impact that this additional ABC license will have on the community, the Police Department is recommending that the Crow Burger Kitchen close at 11:00 p.m., daily. Additionally, we would recommend that the outdoor patio close at 10:00 p.m., daily. These recommended hours will not only lessen the impact on calls for service, but they will also limit the effects that noise will have on the neighboring residential areas. It should be noted that the Police Department would give further consideration to the applicant's proposed hours of operation should they be subject to the pending Operator's Permit Ordinance. Signs and Displays Any signs or displays would need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising i 2 1 r2 Crow Burger Kitchen UP No. 2010 -036 directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Hours of Operation The proposed hours of operation are from 9:00 a.m. to 11:00 p.m., Sunday through Wednesday and 9:00 a.m. to 12 midnight, Thursday through Saturday. The Police Department recommends that Crow Burger close not later than 11:00 p.m., daily. We also recommend that the outdoor patio close at 10:00 p.m., daily. Security The police department has no recommendations. Employee Training Require all owners, managers, and employees 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 additional objections to the operation as described by the applicant. For the purposes of this application, staff may also want to consider establishing conditions that would require a special event permit. A special event permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the conditional use permit for the business: 1. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code, unless the planning commission first approves a use permit. 2. No alcoholic beverages shall be consumed on any property adjacent the licensed premises under the control of the licensee. 3. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9 p.m. -I3 3 Crow Burger Kitchen UP No. 2010 -036 4. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department on demand. 6. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 7. There shall be no live entertainment allowed on the premises. 8. There shall be no dancing allowed on the premises. 9. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 10. Food service from the regular menu must be available to patrons until close. 11. Strict adherence to maximum occupancy limits is required. Alcoholic Beverage Control License Upon approval of the CUP, the ABC license will be conditioned as necessary to maintain the health, safety and welfare of the community. If you have any questions, please contact me at (949) 644 -3725. A_� Detective Bryan Moore ABC LiaisonNice /Intelligence 6�� Craig Fox, Captain Detective Division Commander 13 `' + Attachment No. CC 15 The Landing Square Footage Tracking Tables 4 t !,. b Table 1. Current Parking Summary 3101 -3121 Newport Blvd. and 3100 -3138 Balboa Blvd. Last Updated: 03 -03 -11 Proposed use Sq ft Tenant Parking Requirement at 1/200 sq ft Discretionary Application No. Grocery 28,221 Pavillion's 142 Plan Check No. 1590 -2010 53101 1,700 Chipotle 9 UP2010 -017, OD2010 -004 (PA2010 -096) 53107 1,878 Crow Burger 9 UP2010 -036 (PA2010 -155) 53109 738 Retail 4 53117 900 Retail 5 53119 761 Retail 4 53121 1,614 Retail 8 53130 2,918 Retail 15 53132 903 Retail 5 53134 1,003 Retail 5 53136 998 Retail 5 53138 2,083 Gina's Pizza 10 UP2011 -002 (PA2011 -006) Storage 95 N/A 0 53152 4,000 Chase 20 Plan Check No. 1642 -2010 TOTAL 47,878 N/A 243 (Including 3 spaces for outdoor dining patios) Total Eating and Drinking Establishments Square Footage Parked: 3,886 sq ft Total Maximum Eating and Drinking Establishment Square Footage: 7,182 sq ft Percentage of 15 Percent Currently Utilized: 54% fi The Landing Shopping Center 3101 -3121 Newport Blvd. and 3100 -3138 Balboa Blvd. Last Updated: 03 -03 -2011 Table 2. Summary of Eating and Drinking Establishments Suite Number Tenant Interior Interior Net Outdoor 25% of Net Outdoor Patio in Total Area Parked for Gross Floor Public Area Patio Area Public Area Excess of 25% of Restaurants Area Net Public Area 53101 Chipotle 1,700 500 336 125 211 1,911 53107 Crow Burger 1,878 650 259 162 97 1,975 TOTAL 3,578 1,150 595 287 308 3,886 Total Permitted 47,878 600 7,182 of Maximum Currently Utilized 7% 51% 54% Interior Gross Floor Area of Shopping Center: 47,878 sq ft It Attachment No. CC 16 Project plans 15 m JN STREET I RECEIVED BY s 1 MINl7Y MAP N.T,S NORTH SITE PLAN -A,L ARCHITECTS 0 D E S I G N CONSORTIUM 4915 F. U FAWd W. SIE 701 ANAHFIN, CA 92801 FAX: (1141 117 -9733 7Ft: 11141 117 -9734 A Er sow�a 5E0 RR[/yJ p �W 4oyi 4i 'Eau ""'1AS •K� xr — v euX wn — o mmmE,oN _0 _0 _A _A _A _0 —A _4 c s n� Y Y mm U N m° 3 mZ O F-o� U mmz 1 1 - [[ e� 59! Al -D �t5j PROJECT DATA m�smm�ae• �nru pa«xixami rew.esa, xa�x, fvvaoR. PAM roar xf: 5 10fµ q ARCHITECTS 0 D E S I G N CONSORTIUM 1875 E. U PMVA AVE. STE. Of BNANEIO, CA 88807 EAA: IT79j 717 -8737 (EL 1711) 777 -9739 m,wc �a qRq T Y� wt�mx ro�awr �e �y a PIOY[t4 r+q omsr — e mevu-ra _Q _Q �Q C r 1 r @ a 3 Aj d m °� m 3m m O F`- c s 0 NNZ or,,.,, NORiN z f PLOOR PLAN v'.`•::.o i r�� NORTH ELEVATION v °i : `o• 18 c z �w c c 0 U wm� t �i 9 - A5.Q SOUTH ELEVATION "-.re 10 V w •� R R C R I T E C T S = RIOR ELEVATION KEYNOTES p omne Raan PPSu p ,+lAW EdM1f Y[titWXArt rtaf( _ p ,b:,MNN, cf KIMLLW �6 DL'Rtl R446LLWX © fV4G E,lAL..4Y. Oi L0. WMCf1CWY[UWY11W. O 0 E S I G N � :e•xu,wnm avee vAro wane CONSORTIUM n wwvu ramG EIXIS Q Eex4narwmswuNwee 4115 E. lA PALK Alt. SIE. IN ANAH9IH, CA 18807 fA%: I7141 777 -9133 1114) 171 -9134 J Q egOfNfPIXP Vacef YO E651BLLIXCA,iRVC nO NG•CP Bt6[aM1IHNEPAid MY.LNtl4bfNielleW4Y !O AR Ry E_ Y �J O !O'.W 11N Rg1P! ® [�6IN5 I.LMPIM � M� ® EYAlGAA91 LVJD]M K ©LCM p16Po PNW[!MM �rtV R4➢AlPMV9 ® [01W RATIP[CIW ® NtA PNLL S#RMIrt �57azE ���Tg Pna9`ei °' �rvA• Own �r n a�m�m�� pp� O MRSS EWf � a n.•¢ oEa 7�ff,5, uwmLPOUrtalawaammmrww v4N x a mm O CMIRVLiM 3 IDW \YYP6NH&P1YiNMRIOINVMV/N (lA Q caPmaens vex raL.iNNO �tt »AartwaG rw,n vx AWKAM1N,µALMWMt6NlKWNPb Ri]BIIImM �. PCOCRNSfWQA. NMq KNRWRNGSILLNNYUYND MtlN'TR®IMIWID. RE/K<4RIGE YYIIP:40AtlAY i � ADGRPG2fP. If/NIILR MIRYNT YKLIIw —Q —Q -d 6 c z �w c c 0 U wm� t �i 9 - A5.Q SOUTH ELEVATION "-.re 10 V w •� i l a`fp U"11:31,1111INKIN I mw z STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete-copy as was. printed and published on the following date(s): March 12, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on March 16, 2011 at Costa Mesa, California Signature RECEIVED 1011 MAR 18 PM 5! 14 OFRCE OF THE CITY COX J CITY Or City Clerk's Office AFFIDAVIT OF POSTING on 1% , 2011, I posted the Notice of Public Hearing regarding: Crow Burger Kitchen Minor Use Permit (PA2010 -155) Date of City Council Public Hearing: March 22, 2011 o a Cr M 2 W 2E o�� U u U t' LU W c OwLL � C •r.- V o NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 22, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Crow Burger Kitchen Minor Use Permit — An appeal of the Planning Commission's approval of Minor Use Permit No. UP2010 -036 allowing an eating and drinking establishment (food service with no late hours) with a covered patio and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines — Class 3 (New Construction or Conversion of Small Structures). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Wednesday prior to the hearing. For more information please call 949 - 644 -3204. For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova @newportbeachca.gov. Project File No.: PA2010 -155 Activity No.: UP2010 -036 Zone: CN (Commercial Neighborhood) General Plan: CN (Neighborhood Commercial) Location: 3107 Newport Boulevard Applicant: Steve Geary Leilani 1.'Brown City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 22, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Crow Burger Kitchen Minor Use Permit — An appeal of the Planning Commission's approval of Minor Use Permit No. UP2010 -036 allowing an eating and drinking establishment (food service with no late hours) with a covered patio and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines — Class 3 (New Construction or Conversion of Small Structures). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Wednesday prior to the hearing. For more information please call 949 -644 -3204. For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova @newportbeachca.gov. Project File No.: PA2010 -155 Zone: CN (Commercial Neighborhood) Location: 3107 Newport Boulevard Project File No.: PA2010 -155 Zone: CN (Commercial Neighborhood) Applicant: Steve Geary Leilani I. Brown City Clerk City of Newport Beach 933 941 11 933 941 12 933 941 13 Virginia Myers Mark Whitehead Robert Dean Fallon 140 Pitkin Mesa Dr 9 Ocean Ridge Dr 223 33rd St #a Aspen Co 81611 Newport Coast Ca 92657 Newport Beach Ca 92663 933 941 14 935 880 13 935 880 14 Justin Sheppard Robert Hernandez Eric Mock 223 1/2 33rd St 17263 Signature Dr 701 Grove St Newport Beach Ca 92663 Granada Hills Ca 91344 Montclair Nj 07043 939 710 01 939 710 02 939 710 03 Ron Seagondollar II Milo Cook Barry Saywitz Properties Po Box 1921 418 S Fernwood St 203 30th St #1 Newport Beach Ca 92659 West Covina Ca 91791 Newport Beach Ca 92663 939 710 04 939 710 05 939 710 06 Barry Saywitz Properties Taquino Trust Mark William Okay 203 30th St #a 205 Laurel Ave 128 Via San Remo Newport Beach Ca 92663 Arcadia Ca 91006 Newport Beach Ca 92663 939 710 15 939 710 16 939 710 23 Isabel Rebecca Dallal Gage S L Corporation Sammi Ann Nielsen 3008 W Balboa Blvd 3101 W Coast Hwy #312 220 1/2 30th St Newport Beach Ca 92663 Newport Beach Ca 92663 Newport Beach Ca 92663 939 710 24 939 710 25 939 710 26 Stacy Nielsen G & M Multani LP Gurmeet Multani 220 1/2 30th St 222 30th St 222 1/2 30th St Newport Beach Ca 92663 Newport Beach Ca 92663 Newport Beach Ca 92663 939 710 27 939 710 28 939 710 29 214 30th Street LLC Jerome Reiss Hunter Hagenbuch 161 Fashion Ln #110 214 1/2 30th St 216 30th St Tustin Ca 92780 Newport Beach Ca 92663 Newport Beach Ca 92663 939 710 30 Catellus Michael John Bums Jr. Attn: Sean Whiskeman WEST NEWPORT BEACH ASSN. 216 1/2 30th St 66 Franklin Street #200 2901 NEWPORT BLVD Newport Beach Ca 92663 Oakland, CA 94607 NEWPORT BEACH, CA 92663 Steve Geary Architects Design Consortium Inc. PA2010 -155 for UP2010 -155 2325 E. Coast Highway Attn: Craig Oka 3107 Newport Boulevard Newport Beach, CA 92625 " 4875 E. La Palma Avenue #607 CROW BURGER KITCHEN Anaheim, CA 92807 240 LABELS CD #1 Steve Geary Architects Design Consortium Catellus 2325 E. Coast Highway Attn: Craig Oka Attn: Sean Whiskeman Newport Beach, CA 92625 4875 E. La Palma Avenue #607 66 Franklin Street #200 Anaheim, CA 92807 Oakland, CA 94607 047 041 05 047 041 06 047 041 07 Newport Beach Alano Club Balboa Corona Ltd Timothy Michael Harold 414 32nd St 348 Dahlia PI 3116 Newport Blvd Newport Beach Ca 92663 Corona Del Mar Ca 92625 Newport Beach Ca 92663 047 041 08 047 041 12 047 041 17 Larry Ram Mar Thirty First Street LLC Jon Shepardson 16585 Ensign Cir 415 30th St Po Box 2971 Huntington Beach Ca 92649 Newport Beach Ca 92663 Newport Beach Ca 92659 047 041 32 047 041 33� 047 041 36 Michael Carson T�`t rty.FirsiStreet LLC Canvil LLC 3110 Newport Blvd 415 30t�i 2549 Eastbluff Dr #321 Newport Beach Ca 92663 Newpq'it Beach Ca 92663 Newport Beach Ca 92660 047 041 37 047 042 07 047 042 09 Suzanne Finamore Poliquin Ltd Rene Barge 419 31st St #a 18951 Newton Ave 408 31 st St Newport Beach Ca 92663 Santa Ana Ca 92705 Newport Beach Ca 92663 047 042 10 047 042 11 047 042 14 Barry Inc ne� Bar Mark Faulconer 605 Via Lido Soud 408 3 St 411 30th St Newport Beach Ca 92663 Newp rt Beac Ca 92663 Newport Beach Ca 92663 047 042 15 047 042 22 047 042 23 Thomas Keefer Jackson & Jackson 420 LLC Jenny Gilchrist 433 Ogle Cir 18627 Brookhurst St #388 410 31st St #a Costa Mesa Ca 92627 Fountain Valley Ca 92708 Newport Beach Ca 92663 047 042 25 047 042 26 047 042 27 Guy Miner Westfork Ranch LLC Mary Anne Turley -Emett 365 Via Lido Soud 412 31st St 25 Bay Is Newport Beach Ca 92663 Newport Beach Ca 92663 Newport Beach Ca 92661 047 042 29 047 042 30 047 042 31 Robert Fainbarg Joel Feitler R bert mbarg ' 14041 Livingston St 407 30th St #a 140 Livingston St Tustin Ca 92780 Newport Beach Ca 92663 T tin 2780 047 042 33 047 043 04 047 043 13 Thomas Blurock Laurie Gabriel Cynthia Klanian 401 30th St 36 El Paseo St Po Box 8092 Newport Beach Ca 92663 Newport Beach Ca 92663 Newport Beach Ca 92658 047 043 20 047 043 26 047 060 01 Arnold Feuerstein Bank Of Ny Mellon Theresa Cagney Morrison 508 30th St 409 29th St 1953 San Elijo Ave #202 Newport Beach Ca 92663 Newport Beach Ca 92663 Cardiff By The Sea Ca 92007 047 060 06 047 060 10 047 060 12 Theres ey Morrison Th agney prison sting L atellus 1953 San E 10 ve #202 1953 San Eli a #202 2235 Fa Ave #o Cardiff By he Se Ca 92007 Cardiff By T e Sea Ca 92007 Carlsb d Ca 92D08 047 060 13 047 060 14 047 060 15 ling L P ale us Op in Catellus Operating L P Catellus 2235 Fa Ave #0 2235 Far Ave #0 2235 Faraday Ave #o Carlsbad a 9 8 Carlsbad a 008 Carlsbad Ca 92008 7 060 17 047 069 03 047 071 02 City ew beach Southern Pacific Land Co Gallo Of Corona Del Mar Po Box 1 4545 Airport Way 3345 Newport Blvd #203 Newport each Ca 92658 Denver Co 80239 Newport Beach Ca 92663 047 071 03 047 071 04 047 071 08 Howard Minnick Daniel Ralsky Peter Rodgers 793 W 30th St 3010 W Balboa Blvd 42550 Granado PI San Pedro Ca 90731 Newport Beach Ca 92663 Temecula Ca 92590 047 071 09 047 071 12 047 071 13 W E & P J Garrett Jr. Jean Lowry Richard Glassman 209 30th St 3508 Marcus Ave Po Box 3476 Newport Beach Ca 92663 Newport Beach Ca 92663 Newport Beach Ca 92659 047 071 14 047 071 15 047 072 04 Drew Wetherholt ev ment Corp Steven Nicholson 217 30th St 2235 Fa a #0 419 El Modena Ave Newport Beach Ca 92663 Carls d Ca 92008 Newport Beach Ca 92663 04707205 047 072 06 047 072 09 Wet erholt Ruben Lozano Fred James Galluccio 217 30t 3281 Washington Ave 2227 Heather Ln Newport ea h Ca 92663 Costa Mesa Ca 92626 Newport Beach Ca 92660 047 072 10 047 072 11 047 072 12 Kaushik Manek Sarkis Mehtemetian Ralph Reimer 1350 W Lambert Rd 657 W Harvard St 15036 Los Robles Ave Brea Ca 92821 Glendale Ca 91204 Hacienda Heights Ca 91745 047 072 13 047 072 14 047 072 15 Nbh Holdings LLC Peter Swanberg Mary Rouse 16485 Laguna Canyon Rd #250 1423 W San Bernardino Rd #e 522 Seaward Rd Irvine Ca 92618 Covina Ca 91722 Corona Del Mar Ca 92625 047 072 16 047 072 17 0 0721 Katrina Johnson Scott Roth Mary ee 515 30th St 217 29th St 2192 h S Newport Beach Ca 92663 Newport Beach Ca 92663 New ort Beach Ca 92663 047 072 19 - 047 072 20 047 072 21 Da vi m nd David Hammond Martin Trust 10 Ca C o 10 Calle Cabrillo Po Box 3707 Foothill rich Ca 92610 Foothill Ranch Ca 92610 Tustin Ca 92781 047 072 22 047 072 23 047 072 24 C i d St Coin Laundry Beach Clifford Stark 6344 E wood Rd Po Box 1676 6344 E Abbeywood Rd Orange a 92867 Lake Forest Ca 92609 Orange Ca 92867 047 081 02 047 081 03 047 081 04 Victoria Rafa Stepanian Marie Melby 110 32nd St 108 32nd St 2809 Oak Knoll Dr Newport Beach Ca 92663 Newport Beach Ca 92663 Diamond Bar Ca 91765 047 081 06 047 081 07 047 081 08 Robert Moore Rainey Trust Paul Slayback 3475 Berry Dr 4827 Andasol Ave 426 Riverside Ave Studio City Ca 91604 Encino Ca 91316 Newport Beach Ca 92663 047 081 09 047 081 10 047 081 12 James Melby V Gilmore Philip Myers 2809 Oak Knoll Dr 4521 E Cerro Vista Dr Po Box 695 Diamond Bar Ca 91765 Anaheim Ca 92807 Bridgeport Ca 93517 047 081 14 047 081 15 047 081 16 Brian Nakayama Francuz Trust Sirarpi Stepanian 113 31st St Po Box 5388 108 32nd St Newport Beach Ca 92663 Fullerton Ca 92838 Newport Beach Ca 92663 047 081 17 047 081 18 047 081 19 Dale Richard Keicher Richard Mushegain Donald Chambers 119 31st St #a 14281 Whittram Ave 123 31 st St Newport Beach Ca 92663 Fontana Ca 92335 Newport Beach Ca 92663 047 081 20 047 081 21 047 081 22 Bhupesh Padkh Mauro Pacheco Robles Ronald White 1998 Calafia St 10 Halsted Cir Po Box 15156 Glendale Ca 91208 Alhambra Ca 91801 Newport Beach Ca 92659 047 081 23 047 082 01 047 082 02 Rainey Trust Francis Ursini William & Julianne Ebeling 4827 Andasol Ave 177 Riverside Avenue F 1164 119 39th 5t Encino Ca 91316 Newport Beach Ca 92663 Newport Beach Ca 92663 047 082 03 047 082 05 1 047 082 06 Leonard Lovalo Marvin Kessler Kevin Gary Beale 2469 W Stuart Ave Po Box 3935 114 31st St Fresno Ca 93711 Chatsworth Ca 91313 Newport Beach Ca 92663 047 082 07 047 082 08 047 082 09 John & H Hyatt Mary Hyatt Thomas Lewis 5536 Los Robles 110 31st St 21400 Nashville St La Verne Ca 91750 Newport Beach Ca 92663 Chatsworth Ca 91311 047 082 10 047 082 22 047 082 23 Sally Colome Philip Abramowitz Barbara Boland 1222 Las Arenas Way 29475 Weeping Willow Or 115 30th St Costa Mesa Ca 92627 Agoura Hills Ca 91301 Newport Beach Ca 92663 047 082 25 047 082 26 047 082 31 Trent Smith Mary Anne Walsh Laurie Trimbach 404 Evening Star Ln 123 30th St 127 30th St Newport Beach Ca 92660 Newport Beach Ca 92663 Newport Beach Ca 92663 047 082 35 047 082 36 047 082 39 R & E Millet George Foltz Marin -Finn 6410 Silver Mesa Or #f 15932 Rio Florida Or 1324 W Bay Ave Highlands Ranch Co 80130 Whittier Ca 90603 Newport Beach Ca 92661 047 082 40 047 083 02 047 083 30 Craig Batley Douglas Manista Robert Mendez Po Box 15845 22460 Mission Hills Ln 126 1/2 30th St Newport Beach Ca 92659 Yorba Linda Ca 92887 Newport Beach Ca 92663 047 083 31 047 101 01 047 101 02 Ocean #1 LLC Mary Lee Katsumi Imoto 650 Camino De Gloria 219 29th St 552 Jade Tree Or Walnut Ca 91789 Newport Beach Ca 92663 Monterey Park Ca 91754 i 047 101 03 047 101 04 047 101 05 Cecelia DeCrona Warren Nishimoto Kenneth Carlson Po Box 15553 13695 Paseo Terrano 1750 Whittier Ave #79 Newport Beach Ca 92659 Salinas Ca 93908 Costa Mesa Ca 92627 047 101 06 047 101 07 047 110 01 Teri Lu Ferris Ullon Henry Miller Frances Bury 229 Phlox Ave 9018 Balboa Blvd #212 106 Via Undine Redlands Ca 92373 Northridge Ca 91325 Newport Beach Ca 92663 047 110 02 0 110 03 047 110 21 Joan t Joan out Joan Trout 2901 Newpo 2901 Ne rt Blvd 2901 Newport Blvd Newport Be ch Ca 9 3 Newpo Beac a 92663 Newport Beach Ca 92663 047 110 28 423 102 01 423 102 02 William Phillips Port Properties Inc Kwon Trust 2141 Parsons St Po Box 485 69 Frances Cir Costa Mesa Ca 92627 Laguna Beach Ca 92652 Buena Park Ca 90621 423 102 03 423 102 04 423 102 05 Lido Pacific LLC Ci New rt Beach Suzanne Scofield 441 N Beverly Or #207 Po Box 400 Clubhouse Ave #a Beverly Hills Ca 90210 Newport eac a 92658 Newport Beach Ca 92663 423 102 06 423 102 07 423 111 02 Gwen Hass Bradley Smith f New Beach 400 112 Clubhouse Ave 402 Clubhouse Ave Po Bo Newport Beach Ca 92663 Newport Beach Ca 92663 New ort Bead Ca 92658 423 111 03 423 341 09 423 341 10 State Of California James Stearman Marie Diane Salanitro Po Box 187000 1498 Ridgemont Ct Po Box 1212 Sacramento Ca 95818 Fullerton Ca 92831 Newport Beach Ca 92659 423 341 11 423 341 12 423 341 14 Marilyn Bose Karen Milligan Reido Farms LLC 1391 Deborah Or 121 33rd St 3001 1 St #200 Santa Ana Ca 92705 Newport Beach Ca 92663 Sacramento Ca 95816 423 341 15 423 343 08 423 343 09 Peter Breen Cliff Hwang Linda Michick 6 Young 107 32nd St 5451 Locust St Irvine Ca 92617 Newport Beach Ca 92663 Chino Ca 91710 423 343 10 423 343 11 423 343 16 Richard Higbie Aubrey James Gill Stanley Scoff 108 33rd St 106 33rd St 42131 San Jose Or Newport Beach Ca 92663 Newport Beach Ca 92663 San Jacinto Ca 92583 423 343 17 423 343 18 423 343 19 Vincent Cosmo Taormina Sis Sand LLC Larry Michael Po Box 485 24721 Flatiron Ct 411 Greensboro Ct j Corona Del Mar Ca 92625 Tehachapi Ca 93561 Claremont Ca 91711 / 423 343 22 423 345 03 423 345 04 Bob & Natalie Carroll Rosburg LLC William Shapiro 14603 S 1st St 3302 W Oceanfront 1781 Terry Lynn Or Phoenix Az 85048 Newport Beach Ca 92663 Santa Ana Ca 92705 423 346 07 4 352 12 423 352 13 Jim DeFrank City ew. ort Beach Ligorio Calaycay Jr. 112 32nd St Po Box 1 8 . 3921 Shelter Grove Or I Newport Beach Ca 92663 Newport ea Ca 92658 Claremont Ca 91711 r t 423 352 14 423 352 16 423 352 17 Hammond -Mc Kinley LLC Timothy John Creed Donald Ray 180 S Lake Ave #540 3057 Carob St 103 Via San Remo Pasadena Ca 91101 Newport Beach Ca 92660 Newport Beach Ca 92663 423 352 18 423 352 19 423 352 21 Saywitz Props One Barry Walter Cole Jr. Genevieve Denault 4740 Von Karman Ave #100 115 Coral Ave 8241 Zitola Ter Newport Beach Ca 92660 Newport Beach Ca 92662 Playa Del Rey Ca 90293 423 353 01 423 353 02 423 353 03 Linda Rude Diane Eagan Richard Swinney 3312 Seashore Dr 6742 Harwood Cir 2029 Port Bristol Cir Newport Beach Ca 92663 Palm Springs Ca 92264 Newport Beach Ca 92660 423 353 04 423 353 05 423 353 06 Fiona Ferry James Miller Howard Brink 2001 Galatea Ter 212 33rd St 15 Sarteano Dr Corona Del Mar Ca 92625 Newport Beach Ca 92663 Newport Beach Ca 92657 423 353 07 423 353 08 423 353 09 Kevin Gramian Mary Ann Faubert Marianne Maiocco 821 W 15th St #3a 439 Via Lido Soud #b Po Box 17547 Newport Beach Ca 92663 Newport Beach Ca 92663 Anaheim Ca 92817 423 353 0 353 11 4 3 353 12 CI f ewport Beach City New rt Beach Ci Of New ach Po B Po Box Po Bo 8 Newp rt Beach Ca 92658 Newpo Beach Ca 92658 New rt Bea Ca 92658 423 353 13 423 353 14 423 353 15 Daniel & Lauryl Schumacher Gilda Fontana Grace Steinhoff 207 32nd St 1927 Harbor Blvd #512 Po Box 1115 Newport Beach Ca 92663 Costa Mesa Ca 92627 Newport Beach Ca 92659 423 353 16 423 353 17 423 353 18 Hans Thurau Daniel Zieg Emmett Conrecode 211 32nd St 215 32nd St 240 16th PI Newport Beach Ca 92663 Newport Beach Ca 92663 Costa Mesa Ca 92627 423 353 19 423 353 20 423 353 21 Howard Gould Dorothy Kapela Robert Ivory 408 Morgan Ranch Rd 3907 Park Green Dr 20100 Brookhurst St Glendora Ca 91741 Corona Del Mar Ca 92625 Huntington Beach Ca 92646 423 381 05 423 381 06 423 381 07 Richard Taketa Gregory Waters Michael Mahoney 3304 Marcus Ave 3302 Marcus Ave 3300 Marcus Ave Newport Beach Ca 92663 Newport Beach Ca 92663 Newport Beach Ca 92663 I� 423 382 01 423 382 02 423 382 03 Donjac Properties No 4 Roger Dean Behrens Thomas Terich Po Box 477 4611 E Solano Dr 201 Middlefield Rd Surfside Ca 90743 Phoenix Az 85018 Bellingham Wa 98225 ti 423 382 04 423 382 05 42 382 06 Philip Cyburt III Lido Pacific LLC City port Beach 3206 Marcus Ave 441 N Beverly Dr #207 Po Box 7 Newport Beach Ca 92663 Beverly Hills Ca 90210 Newpo Beach Ca 92658 423 383 01 423 383 02 423 383 03 Maureen Downey Paul Belna James Brachman . 314 33rd St Po Box 3585 310 33rd St Newport Beach Ca 92663 Newport Beach Ca 92659 Newport Beach Ca 92663 423 383 04 423 383 05 423 383 06 Richard Dewberry James Ford William Arthur Brown 2724 Woodacre St 306 33rd St 304 33rd St Brea Ca 92821 Newport Beach Ca 92663 Newport Beach Ca 92663 423 383 07 423 383 08 423 383 09 Jack Clifford Gary Prentice Coll- Rankin 302 33rd St 300 33rd St 2956 Rounsevel Ter Newport Beach Ca 92663 Newport Beach Ca 92663 Laguna Beach Ca 92651 423 383 10 423 383 11 423 383 12 Marichelle Stoppenhagen Daniel Trapp Ronald & Janis Soto 303 32nd St 45 Mainsail Dr 25435 Gallup Cir Newport Beach Ca 92663 Corona Del Mar Ca 92625 Laguna Hills Ca 92653 423 383 13 423 383 14 423 383 16 Renganathani Sr. Bac Hm Lns Svcng LP Greg Smith 2432 Michigan Dr 311 32nd St 122 37th St Claremont Ca 91711 Newport Beach Ca 92663 Newport Beach Ca 92663 423 383 17 423 384 10 423 384 12 William Boggess John Ward Gloria Ziese 3251 Ocean Front Walk 341 S Rodeo Dr 9362 Candlewood Dr San Diego Ca 92109 Beverly Hills Ca 90212 Huntington Beach Ca 92646 423 384 13 423 384 14 423 384 15 Bella Newport Walter Macoritto Gregory Farley 216 21 st St #a 16258 Marilyn Dr 311 33rd St Newport Beach Ca 92663 Granada Hills Ca 91344 Newport Beach Ca 92663 423 384 16 423 384 17 932 840 25 Louise DePutron Jacob Fettig Fredrick Kleinbub 10 Naranja Way 315 33rd St 3114 W Oceanfront Portola Valley Ca 94028 Newport Beach Ca 92663 Newport Beach Ca 92663 • ii 932 840 26 932 840 80 32 840 81 Francuz Trust Erik Young En oun Po Box 5388 60 Vista Tiburon Dr 60 Vist buron Dr Fullerton Ca 92838 Belvedere Tiburon Ca 94920 Tiburo Ca 4920 932 840 84 932 840 85 932 840 86 John McMonigle 32fttl�hl stors L 32nd St Investors L 42 Blue Heron 42 Blue eron 42 Blue Heron Irvine Ca 92603 Irvine a 92603 Irvine Ca 92603 932 840 87 932 840 88 932 840 89 F ap to LC Flapmaster LLC Gary Jarvis 2550 5th 1030 2550 5th Ave #1030 424 32nd St #f San Dieg Ca 92103 San Diego Ca 92103 Newport Beach Ca 92663 933 940 24 933 940 25 933 940 26 Steven Hansen Timothy Antonoplos Alan Cunningham 110 33rd St #1 7673 Bridgeview Dr 4402 Nogal Ave Newport Beach Ca 92663 Sacramento Ca 95831 Yorba Linda Ca 92886 933 940 27 933 940 28 933 940 29 Gregory Zail Guadalupe Galvan Kawabe Trust 1909 Lexington Dr 31488 Calle La Purisima 125 32nd St Fullerton Ca 92835 San Juan Capistrano Ca 92675 Newport Beach Ca 92663 933 940 30 933 940 31 933 940 32 Richard Harris Dale Phyllis Stires John Mark Boone 801 S 4th St 5451 Locust St 6603 Hawarden Dr Las Vegas Nv 89101 Chino Ca 91710 Riverside Ca 92506 933 940 33 933 940 34 933 940 35 Linda Wenglikowski James McClure James Hawkins 2005 Palm Ave 115 32nd St 1678 Orvieto Ct - Manhattan Beach Ca 90266 Newport Beach Ca 92663 Pleasanton Ca 94566 933 940 36 933 940 37 933 940 38 Wendy Lee Joseph Audette Frederick H L Huang 6174 Appian Way 2212 Karendale Cir 122 32nd St #15 Riverside Ca 92506 Riverside Ca 92506 Newport Beach Ca 92660 933 940 41 933 940 70 933 940 71 ' Lila Morgan Teri Lu Ferris Ullon Thomas Cozad ` 129 31st St #16 126 33rd St 126 33rd St #b Newport Beach Ca 92663 Newport Beach Ca 92663 Newport Beach Ca 92663 933 940 84 933 940 85 933 940 86 Gary Junge Joseph Ray Fischella Connie Vossler 125 33rd St 125 1/2 33rd St 123 33rd St Newport Beach Ca 92663 i Newport Beach Ca 92663 I Newport Beach Ca 92663 933 940 87 933 940 90 933 940 91 Connie Vossler Megan Elizabeth Azer I Tom Aievoli Po Box 4604 129 25th St 209 33rd St Edwards Co 81632 Newport Beach Ca 92663 Newport Beach Ca 92663