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HomeMy WebLinkAbout4.0 - Rothschilds Outdoor Dining - PA2016-088 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT June 9, 2016 Agenda Item No. 4 SUBJECT: Rothschild's Outdoor Dining (PA2016-088) 2407 East Coast Highway Use Permit 2016-023 APPLICANT: Heidi Patricola OWNER: Helmut Reiss PLANNER: Brenda Wisneski, AICP, Deputy Community Development Director 949-644-3297 bwisneski@newportbeachca.gov PROJECT SUMMARY Request to establish outdoor dining at an existing restaurant. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Use Permit No. UP2016-023 (Attachment No. PC 1). 1 V� QP �P Rothschild's Outdoor Dining Planning Commission, June 9, 2016 Page 2 VICINITY MAP h 'V 2r � 1 / °2j 'O2 � yVyV41 GENERAL PLAN ZONING IW M1. p vvu n. hir te q v N�3 db 44 tt + nti K 101 o. v� Po0t_ `cYs LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Corridor Commercial Commercial Corridor Restaurant NORTH Corridor Commerciall Commercial Corridor Retail SOUTH Corridor Commercial Commercial Corridor Office/Restaurant EAST Residential Planned Communit Restaurant/Residential WEST Two-Unit Residential Two-Unit Residential Residential 3 Rothschild's Outdoor Dining Planning Commission, June 9, 2016 Page 3 INTRODUCTION Project Setting The property is 7,150 square feet in size and is occupied by a three-story building with access to the restaurant at the street level and office space above which is used for the restaurant. Parking is located at the rear of the building with access from Begonia Avenue. The subject restaurant is located on the southeasterly corner of East Coast Highway and Begonia Avenue, in Corona del Mar. To the north is a retail use and across East Coast Highway is Corona del Mar Plaza which includes a variety of retail and restaurant uses. Eastwardly, across Coast Highway, are residential uses. South, adjacent to the subject site is a retail use and the Wine Gallery. Across Begonia Avenue are two-unit residential developments. The parking area is striped to accommodate 12 parking spaces. However, previous approvals have established the ability to park vehicles in a tandem configuration to accommodate up to 21 vehicles when valet service is offered. The roadway adjacent to the project area recently underwent a beautification effort which included widening the sidewalk, installation of benches and landscaping. The wider sidewalk accommodates the proposed dining area. The City Council is scheduled to consider the subject encroachment on June 14, 2016. Project Description The outdoor dining area is proposed to be approximately 210 square feet in size and include a combination of 2- and 4-top table seating offering up to 24 seats. The area would be enclosed with a black wrought iron fence to match the fencing at the second level, measuring 42-inches in height. An existing planter area located at the corner of the building would be modified to create an additional terraced outdoor area. The site photos and project plans are provided as Attachment PC 3. Pursuant to Section 20.54.070 of the Zoning Code, the proposed outdoor dining area is a considered a change in the operational characteristics of the restaurant requiring an amendment to the Use Permit. In addition, because the existing operation includes late hours (after 11:00 p.m.) an operator's license issued by the Police Chief will be required. Background Public records indicate the restaurant has been established since 1978. Today it offers 839 square feet of net public area. Its current operations include the sale of on-site alcohol (Type 47) and tandem parking to accommodate up to 21 parking spaces. Dancing and live entertainment are not permitted. The existing restaurant operates from 10 a.m. to 12:30 a.m., daily. 4 Rothschild's Outdoor Dining Planning Commission, June 9, 2016 Page 4 The most recent entitlement was approved on April 20, 2000 to upgrade the existing alcohol license to a Type 47. Additional background is provided in the staff report and resolution for Use Permit No. 1851 Amended, as Attachment PC 2. DISCUSSION Analysis Outdoor dining is conditionally permitted within the subject area. Parking is required for outdoor areas which exceed 25 percent of the interior net public area. The subject restaurant offers 839 square feet in net public area, which allows for 210 square feet of outdoor dining area without providing additional parking. General Plan, Local Coastal Plan and Zoning Code The General Plan seeks to sustain Corona del Mar as a pedestrian-oriented retail village that serves the surrounding neighborhood. The establishment of outdoor dining areas contributes to the ambiance of the neighborhood by creating activity on the street. The establishment of visitor serving uses is also stated in the Local Coastal Plan. The outdoor dining area is of appropriate scale to not generate the need for additional parking. Therefore, the proposed project is consistent with the General Plan, Local Coastal Plan and Zoning Code. Conditional Use Permit A conditional use permit is required on the basis that the establishment of outdoor dining is a change to the operational characteristics of the restaurant. Internal operations are addressed by Use Permit No. 1851 Amended, therefore the scope of the subject use permit is to assess the operational characteristics of the outdoor dining area and its effects on the surrounding neighborhood. The outdoor dining area would be located along the front of the restaurant fronting East Coast Highway. The nearest residential use is located along Begonia Avenue, approximately 140 feet from the proposed seating area. However, potential noise impacts will be minimal since the subject building separates the residential uses from the seating area. In addition, the noise generated from travel along Coast Highway will likely be greater than dining patrons. Conditions of approval have been included prohibiting outdoor music and limiting hours of the outdoor dining area to 10:00 p.m. The proposed dining area maintains a sidewalk width of up to 7-feet. The proposed sidewalk width has been reviewed by Public Works staff. The encroachment agreement for the dining area will be considered by the City Council on June 14, 2016. Rothschild's Outdoor Dining Planning Commission, June 9, 2016 Page 5 Summary Establishment of the outdoor dining area would contribute to the pedestrian environment of Corona del Mar. The location and hours of operation would limit potential impacts to surrounding areas. Staff recommends approval of the use permit per the conditions of approval provided in the attached draft resolution (Attachment PC 1). Alternatives If the Planning Commission concludes that there are not sufficient facts to support findings for approval of the outdoor dining area, the Planning Commission shall state said facts and direct staff to prepare a resolution for denial, with findings and conditions. Environmental Review The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 2407 East Coast Highway. Public Notice Notice of this hearing was published in the Daily Pilot, 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 before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared/Submitted by: *na i, r ICP, Deputy Director ATTACHMENTS Rothschild's Outdoor Dining Planning Commission, June 9, 2016 Page 6 PC 1 Draft Resolution with Findings and Conditions PC 2 Use Permit No 1851 Amended - staff report and resolution PC 3 Site Photos and Project Plans 05/26116 V� QP �P g Attachment No. PC 1 Draft Resolution with Findings and Conditions 9 V� QP �P 20 RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2016-023 TO ESTABLISH AN OUTDOOR DINING ASSOCIATED WITH AN EXISTING RESTAURANT (ROTHSCHILD'S) AT 2407 EAST COAST HIGHWAY (PA2016- 088) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Heidi Patricola, with respect to property located at 2407 East Coast Highway, and legally described as Tract 470 Lot 1 Blk B requesting to establish an outdoor dining area associated with an existing restaurant. 2. The applicant proposes to construct a 210 square foot outdoor dining area to be located along the front of the structure on East Coast Highway. A portion of the proposed area would be located within the public right-of-way. 3. The subject property is located within the Commercial Corridor Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. On April 20, 2000, the Planning Commission approved an amendment to Use Permit No. 1851A to upgrade the existing alcoholic beverage license to a Type 47 to allow for the sale of general alcoholic beverages for on-site consumption. Conditions of approval were established to minimize potential impacts from the restaurant operations to the neighborhood. Use Permit No. 1851A and related conditions of approval shall remain in effect. 6. A public hearing was held on June 9, 2016 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing 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 public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1 . The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or 11 Planning Commission Resolution No. eft Page 2 of 7 Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 2407 East Coast Highway. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1 . The subject property is designated by the General Plan as Corridor Commercial (CC). The proposed project is consistent with the CC land use category, which is intended to provide for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Finding: B. 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: 1. The subject property is located in the Commercial Corridor Zoning district. Eating and drinking establishments are permitted within this district subject to the approval of a use permit. 2. The outdoor dining area is proposed to be approximately 210 square feet in size which does not require additional parking per Chapter 20.40.040 (Off-Street Parking Spaces Required) of the Municipal Code. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. The proposed eating area is located along East Coast Highway, an active commercial with high pedestrian use. Outdoor dining areas are encouraged in that they create a pedestrian-oriented environment and contribute to the vibrancy of the area. 07-22-2014 12 Planning Commission Resolution No. Ott Page 3 of 7 2. The subject dining area is limited to 210 square feet and extends 11-feet from the building edge. The sidewalk would be maintained at seven-feet which is adequate to accommodate pedestrian passage. 3. The restaurant hours are from 10:00 a.m. to 12:00 a.m. A condition of approval has been included limited the outdoor dining area from 10:00 a.m. to 10:00 p.m. 4. The internal operations of the restaurant would not be modified and would continue to be conditioned by Use Permit No. 1851A. Finding: D. 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: 1. Establishment of the outdoor dining area will have no effect on the ability for public and emergency vehicle access and public services and utilities, as the improvements are limited to a 210 square foot eating area and do not encroach into the roadway. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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. Facts in Support of Finding: 1. The project includes conditions of approval to ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible. The outdoor dining area is located along East Coast Highway, a highly traveled commercial corridor. Residential uses located along Begonia Avenue are separated from the outdoor dining area by the existing restaurant. Therefore, potential noise generated by the seating area will be blocked by the structure and likely will not exceed ambient noise levels created by the roadway. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve Use Permit UP2016-023, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 07-22-2014 13 Planning Commission Resolution No. #### Page 4 of 7 2. This action shall become final and effective 14 days following the date this Resolution was adopted 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 9th DAY OF JUNE, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 07-22-2014 Planning Commission Resolution No. Ott Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-023 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Use Permit may be modified or revoked by the Planning Commission 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. 6. Any change in operational characteristics, 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. 7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. 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. 9. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 10. No exterior amplified music, sound system, outside paging system shall be utilized in conjunction with the outdoor dining area. 07-22-2014 15 Planning Commission Resolution No. Ott Page 6 of 7 11. 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. 12. 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. 13. 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 the Rothschild's Outdoor Dining Use Permit including, but not limited to, the Use Permit UP2016-023. 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. 14. The hours of the outdoor dining area shall be from 10 a.m. to 10 p.m., daily. Police Department 15. Prior to occupying the outdoor dining area, the applicant shall obtain an Operator's License from the Newport Beach Police Department. A security plan detailing the restaurant's standard operating procedures for addressing security issues will be required prior to issuance of the Operator's License. Building Division 16. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with Chapter 11 B California Building Code. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 17. The construction plans must meet all applicable State Disabilities Access requirements. Wheelchair accessible path of travel to the area to the outdoor dining, including the terraced area, is required. Delineate a wheelchair accessible seat in the outdoor dining area. The gate accessing the outdoor dining area shall swing out or be locked. 07-22-2014 10 Planning Commission Resolution No. Ott Page 7 of 7 18. The quantity of plumbing fixtures in restroom must be justified for the increase in customer capacity, as determined by the Building Division. Public Works 19. The applicant shall obtain an Annual Outside Dining Encroachment Permit from the Public Works Department and pay all applicable fees for the proposed outdoor dining area. 20. Prior to issuance of building or encroachment permits, the applicant shall obtain City Council authorization to waive City Council Policy L-21 as it pertains to specific component of the outdoor dining area. 07-22-2014 2� V� QP �P sg Attachment No. PC 2 Use Permit No. 1851A 19 V� QP �P �o PO CITY OF NEWPORT BEACH U 'P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cq<iFoaNsr PLANNING DEPARTMENT (949) 644-3210 FILE COPY NOTICE OF FINAL APPROVAL DATE: May 24, 2000 TO: Jim or Heidi Patricola FROM: Planning Director SUBJECT: Use Permit No. 1851 A Please be advised that Use Permit No. 1851A was approved by the Planning Commission at its meeting of April 20. 2000, and became effective on May 4, 2000. The final findings and conditions of approvals are attached. Any deviation from them or the applications and plans on file in the Planning Department may require an amendment to the application(s) mentioned above for the project. Applicant: Rothschild's Restaurant Location: 2407 East Coast Highway Description A request to upgrade the existing Alcoholic Beverage Outlet approval to allow for the sale of general alcoholic beverages for on-site consumption (Type 47 License). Should you have any questions, please contact our office. Very truly yours, PLANNING DEPARTMENT Patric'ygn{'L. Temple Director By z% Gi er Varin Executive Secretary Planning Commission Enclosure: Approved Planning Commission minutes with Final Findings and Conditions of Approval ❑ Approved Council minutes with Final Findings and Conditions of Approved ❑ Approved minutes cc: Property Owner (if not applicant) 3300 Newport Boulevard, Newport Beach 21 City of Newport Beach Planning Commission Minutes April 20, 2000 INDEX SUBJECT: Rothschild's Restaurant Item No. 1 2407 East Coast Highway Up No. 1851 A (Continued from March 23,2000) • Use Permit No. 1851 A Request to upgrade the existing Alcoholic Beverage Outlet approval to allow for Approved the sale of general alcoholic beverages for on-site consumption (Type 47 License). Public comment was opened and closed. Senior Planner James Campbell relayed a conversation that he had with the applicant approximately two weeks ago. He noted that the applicant was in general concurrence with the conditions of approval. In the absence of the applicant or a representative, Chairperson Selich asked Ms. Clauson if this item could be approved without the concurrence of the applicant. Ms. Clauson answered that by taking advantage of this use permit, the applicant is deemed to have concurred with the conditions. Commissioner Kiser asked staff to clarify if the use permit as conditioned continues to require valet parking during the lunch and dinner hours. Additionally, he asked if the parking lot would be re-striped back to the way it was before to accommodate the twenty-one spaces and the type of parking done with valet parking? Mr. Campbell answered that the conditions of approval stipulate full compliance With previous conditions of approval. This is an amended use permit and the previous approval did include a condition of approval for valet service. Condition one required that the parking lot be re-striped in accordance with the previously approved plan,which is the tandem plan of 1983. Motion was made by Commissioner Tucker to approve Use Permit No. 1851 Amended subject to the findings and conditions in Exhibit A. Chairperson Selich clarified that at the previous approval of this project, the employees were required to park on site. The conditions here reflect that those conditions would remain in effect with the approval of this amended use permit. Commissioner Kiser asked staff about Standard Requirement two that says, '...The use of outside loudspeakers, paging system or sound system shall be included within this requirement.' It seems confusing and superfluous as condition 3 states that no outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. Would those be 2 22 City of Newport Beach Planning Commission Minutes April 20, 2000 INDEX referring to all of the same things? Mr. Campbell answered that condition ten is a standard condition, and if approved, this condition would not authorize the outdoor paging system. Commissioner Kiser answered that for this use permit or for future ones that sentence be revised or deleted. It seems to invite outdoor speakers and paging systems. If someone picked up the use permit and only read that part, it could be misleading. Mr. Campbell answered that the Planning Commission could strike that particular sentence and that would not change the meaning of the condition that basically all sound from this facility would be subject to the noise ordinance and standards. Commissioner Kiser proposed to add on to the motion that the second sentence of Standard Requirement No. 10 be stricken, which was acceptable to the maker of the motion. Ayes: Kiser, Ashley,Selich, Gifford, Kranzley and Tucker Noes: None Absent: None EXHIBIT"A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 1851 Amended Findings: 1. The Land Use Element of the General Plan designates the site for "Retail and Service Commercial' use. A restaurant use with alcoholic beverage service is considered a permitted use within this designation and is consistent with the General Plan. 2. The project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. 4. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Zoning Code (Alcoholic Beverage Outlets) for the following reasons: • Patrons of the existing restaurant have requested to the operator of the restaurant that distilled spirits be served. The convenience of the patrons and thereby the general public will be served by the sale of distilled spirits and beer &wine in a restaurant setting. 3 23 City of Newport Beach Planning Commission Minutes April 20, 2000 INDEX • The Part One crime rate in the police reporting district in which the restaurant is located is lower than the citywide average and lower than the adjacent reporting districts. • The percentage of alcohol-related arrests in the police reporting district in which the restaurant is located exceeds the percentage citywide by only 1.1%which is not significant. • There are no day care centers,schools, parks or public recreation facilities in the immediate vicinity of the project site, though there are residential uses located to the north and south of the property. The project is not expected to be a problem since the restaurant presently operates as serves beer and wine and no recent or outstanding complaints have been received by Code Enforcement staff nor the Police Department. There is no outdoor seating and primary use is a restaurant and is not operated as a bar. 5. Approval of Use Permit No. 1851 Amended to allow the service and consumption of distilled spirits in addition to beer and wine in conjunction with a restaurant will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: • The restaurant use is compatible with the surrounding commercial uses since restaurant uses are typically allowed in commercial districts. • Conditions of approval have been included which should prevent problems associated with the service of alcoholic beverages and noise. • Adequate on-site parking is available for the existing and proposed uses provided that the applicant re-stripe the lot in conformance with the previously approved plan. • The alcoholic beverage service is incidental to the primary use of the facility as a restaurant. • The establishment will provide regular food service from the full menu at all times the facility is open. • A finding of public convenience and necessity can be made based on the public's desire for a variety of beverage choices in a restaurant setting. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. 4 24 City of Newport Beach Planning Commission Minutes April 20, 2000 INDEX Conditions: 1. The development shall be in substantial conformance with the approved site plan and floor plan except as noted below.Any increase in the dining area or bar area shall be subject to prior approval of a use permit. The parking lot shall be re-striped in accordance with the previously approved plan dated March 24, 1983. 2. The service of alcoholic beverages shall be restricted to the interior of the building, unless the appropriate approvals are obtained from the Police Department and the California Board of Alcoholic Beverage Control. 3. No outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 4. The approval is only for the establishment of a restaurant type facility and alcoholic beverage outlet as defined by Title 20 of the Municipal Code, as the principal purpose for the sale or service of food and beverages. 5. This approval shall not be construed as permission to allow the facility to operate as a bar or tavern use as defined by the Municipal Code, unless a use permit is first approved by the Planning Commission. The existing bar area may only be used for restaurant patrons who are provided meal service. 6. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be limited to on-site consumption of "beer and wine and distilled spirits" only and only in conjunction with the service of food as the principal use of the facility. The sale for off-site consumption of alcoholic beverages is prohibited. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 7. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner/operator or leasing company. 8. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 9. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning 5 25 City of Newport Beach Planning Commission Minutes April 20, 2000 INDEX Commission may review, modify or revoke this use permit in accordance with Chapter 20.96 of the Zoning Code. 10. Alcoholic beverage sales from drive-up or walk-up service windows shall be prohibited. 11. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 12. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the restaurant facility to develop a set of corrective measures necessary in order to insure compliance. 13. The hours of operation shall be limited between 10:00 a.m. and 12:00 p.m., daily. 14. The exterior of the alcoholic beverage outlet shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks Wthin 20 feet of the premises. 15. Full menu food service items shall be available for ordering at all times the restaurant establishment is open for business. 16. 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. To qualify to meet the requirements of this section a 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. 17. 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. Standard Requirements 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of 6 20 City of Newport Beach Planning Commission Minutes April 20, 2000 INDEX approval. 2. The previous conditions of approval for Use Permit No. 1851 Amended shall remain in full force and effect. If there are any conflicts between with current or past conditions of approval, the more restrictive condition shall take precedent. 3. The on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 4. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 5. The restaurant facility and related off-street parking shall conform to the requirements of the Uniform Building Code. 6. All improvements shall be constructed as required by Ordinance and the Public Works Department. 7. Public Improvement may be required of a developer per Section 20.91.040 of the Municipal Code. 8. This Use Permit for an alcoholic beverage outlet granted in accordance with the terms of this chapter (Chapter 20.89 of the Newport Beach Municipal Code) shall expire within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. 9. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals,comfort,or general welfare of the community. 10. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: 7 27 City of Newport Beach Planning Commission Minutes April 20, 2000 INDEX Between the hours of Between the hours of 7:00 a.m.and 10:00 p.m. 10:00 p.m.and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned properly: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA aa � SUBJECT: Tia Rosa Restaurant Item No. 2 2305-2307 West Balboa Boulevard Up 3673 • Use Permit No.3673 A req st to change an existing food establishment from take-out to a full- Approved service, s all-scale eating establishment with 25 seats, by expanding into the adjacent s ' e. The request includes a waiver of the off-street parking requirements, d establishment of a new alcoholic beverage service outlet pursuant to Chap r 20.89 of the Municipal Code. Mr. Campbell noted t t the second sentence in the Standard Requirment No. 11 can be stricken as th e is a condition that specifically prohibits the use of outdoor loudspeakers and ging system. Public comment was opened. Jaime Tizon 2307 West Balboa Boule ard, in response to Commission inquiry, stated that he understands and agrees o the findings and conditions of Use Permit No.3673. Public comment was closed. Commissioner Kranzley stated that several years ag he was on the Balboa Peninsula Advisory Committee that provided research ork on the peninsula. During this course of research, they found a USC study that as done in 1995 that found that there is a direct correlation between violent crime nd the density of alcohol outlets allowed or permitted in any community. A cou lq of years ago, the City instituted an Alcohol Beverage Ordinance with a number bkgoals. One of those goals was to provide the Planning Commission with findings told, enial on new alcohol permits based on crime, density and the number of alcoho ermits in a reporting area. The information provided on page 8 of the staff repis a result of that Ordinance. At that time, the City was going through the Cann restaurant issue that was a highly publicized issue on the peninsula regardin 8 2g City of Newport Beach Planning Commission Minutes March 23, 2000 INDEX Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. inferior exterior interior exterior Mea red at the property line of comme !ally zoned property: N/A 65 dBA N/A 60 dBA Measured at e property line of residentially zonproperty: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA Residential property� 6. The applicant shall retain ualified engineer specializing in noise/acoustics to monitor the sound genet d by the facility to insure compliance with these conditions, if required by th Planning Director. 7. The Planning Commission may add t r modify conditions of approval to this Use Permit or recommend to the Council the revocation of this amendment to the use permit, upon a de rmination that the operation which is the subject of this Use Permit, causes i 'ury, or is detrimental to the health,safety, peace, morals, comfort, or general Ifare of the community. 8. This Use Permit for the revised Phase 1 of the project as scribed in the staff report shall expire unless exercised within 24 months from t effective date of approval, as specified in Section 20.91.050A of the N port Beach Municipal Code. The Use Permit for Phase 2 of the project shall e ire unless exercised within 60 months from the date of approval of the Revise Phase One, as allowed by Section 20.91.050A of the Code. SUBJECT: _ Rothschild's Restautant v Item No. 3 2407 East Coast Highway UP 1851A • Use Permit No. 1851 Amended A request to upgrade the existing Alcoholic Beverage Outlet approval to allow Continued to for the sale of general alcoholic beverages for on-site consumption (Type 47 04/20/2000 License). Ms. Temple noted that the applicant has requested a continuance to the end of April. Motion was made by Commissioner Kranzley to continue this item to April 20, 2000 as requested by the applicant Ayes: Kiser, Ashley,Selich, Kranzley and Tucker Noes: None Absent: Fuller, Gifford 18 9 EXHIBIT"A" FINDINGS AND CONDITIONS OF APPROVAL FOR FILE COPY Use Permit No. 1851 Amended Approved by Planning Commission 04/20/2000 Findinas: 1. The Land Use Element of the General Plan designates the site for 'Retail and Service Commercial' use. A restaurant use with alcoholic beverage service is considered a permitted use within this designation and is consistent with the General Plan. 2. The project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) requirements of the California Environmental Quality Act. 4. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Zoning Code (Alcoholic Beverage Outlets) for the following reasons: • Patrons of the existing restaurant have requested to the operator of the restaurant that distilled spirits be served. The convenience of the patrons and thereby the general public will be served by the sale of distilled spirits and beer & wine in a restaurant setting. • The Part One crime rate in the police reporting district in which the restaurant is located is lower than the citywide average and lower than the adjacent reporting districts. • The percentage of alcohol-related arrests in the police reporting district in which the restaurant is located exceeds the percentage citywide by only ].I%which is not significant. • There are no day care centers, schools, parks or public recreation facilities in the immediate vicinity of the project site, though there are residential uses located to the north and south of the property. The project is not expected to be a problem since the restaurant presently operates as serves beer and wine and no recent or outstanding complaints have been received by Code Enforcement staff nor the Police Department. There is no outdoor seating and primary use is a restaurant and is not operated as a bar. 5. Approval of Use Permit No. 1851 Amended to allow the service and consumption of distilled spirits in addition to beer and wine in conjunction with a restaurant will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City and is consistent with the legislative intent of Title 20 of this Code for the following reasons: • The restaurant use is compatible with the surrounding commercial uses since restaurant uses are typically allowed in commercial districts. • Conditions of approval have been included which should prevent problems associated with the service of alcoholic beverages and noise. 30 Adequate on-site parking is available for the existing and proposed uses provided that the applicant re-stripe the lot in conformance with the previously approved plan. • The alcoholic beverage service is incidental to the primary use of the facility as a restaurant. • The establishment will provide regular food service from the full menu at all times the facility is open. • A finding of public convenience and necessity can be made based on the public's desire for a variety of beverage choices in a restaurant setting. • The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. Conditions: 1. The development shall be in substantial conformance with the approved site plan and floor plan except as noted below. Any increase in the dining area or bar area shall be subject to prior approval of a use permit. The parking lot shall be re-striped in accordance with the previously approved plan dated March 24, 1983. 2. The service of alcoholic beverages shall be restricted to the interior of the building, unless the appropriate approvals are obtained from the Police Department and the California Board of Alcoholic Beverage Control. 3. No outdoor loudspeaker or paging system shall be permitted in conjunction with the proposed operation. 4. The approval is only for the establishment of a restaurant type facility and alcoholic beverage outlet as defined by Title 20 of the Municipal Code, as the principal purpose for the sale or service of food and beverages. 5. This approval shall not be construed as permission to allow the facility to operate as a bar or tavern use as defined by the Municipal Code, unless a use permit is first approved by the Planning Commission. The existing bar area may only be used for restaurant patrons who are provided meal service. 6. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be limited to on-site consumption of "beer and wine and distilled spirits" only and only in conjunction with the service of food as the principal use of the facility. The sale for off-site consumption of alcoholic beverages is prohibited. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 7. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner/operator or leasing company. 8. loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. 31 9. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this use permit in accordance with Chapter 20.96 of the Zoning Code. 10. Alcoholic beverage sales from drive-up or walk-up service windows shall be prohibited. 11. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 12. Upon evidence that noise generated by the project exceeds the noise standards established by Chapter 20.26 (Community Noise Control) of the Municipal Code, the Planning Director may require that the applicant or successor retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the restaurant facility to develop a set of corrective measures necessary in order to insure compliance. 13. The hours of operation shall be limited between 10:00 a.m. and 12:00 p.m.,daily. 14. The exterior of the alcoholic beverage outlet shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 15. Full menu food service items shall be available for ordering at all times the restaurant establishment is open for business. 16. 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. To qualify to meet the requirements of this section a 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. 17. 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. Standard Requirements 1. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 2. The previous conditions of approval for Use Permit No. 1851 Amended shall remain in full force and effect. If there are any conflicts between with current or past conditions of approval,the more restrictive condition shall take precedent. 32 3. The on-site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the City Traffic Engineer. 4. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 5. The restaurant facility and related off-street parking shall conform to the requirements of the Uniform Building Code. 6. All improvements shall be constructed as required by Ordinance and the Public Works Department. 7. Public Improvement may be required of a developer per Section 20.91.040 of the Municipal Code. 8. This Use Permit for an alcoholic beverage outlet granted in accordance with the terms of this chapter(Chapter 20.89 of the Newport Beach Municipal Code) shall expire within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. 9. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 10. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is, the sound shall be limited to no more than depicted below for the specified time periods: Between the hours of Between the hours of 7:00 a.m.and 10:00 p.m. 10:00 p.m.and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA * ra 33 rEW PO�,T CITY OF NEWPORT BEACH Hearing Date: March 23, 2000 COMMUNITY and ECON014IC DEVELOPMENT Agenda Item No.: 3 PLANNING DEPARTMENT j 3300 NEWPORT BOULEVARD Staff Person: James Campbell NEWPORT BEACH,CA 92658 (949) 644-3210 (949)644-3200;EAx(949)644-3250 Appeal Period: 14 days MENEENkm REPORT TO THE PLANNING COMMISSION PROJECT: Rothschild's Restautant 2407 East Coast Highway PURPOSE OF APPLICATION: A request to upgrade the existing Alcoholic Beverage Outlet approval to allow for the sale of general alcoholic beverages for on-site consumption (Type 47 License). ACTION: Approve,modify or deny: • Use Permit No. 1851 Amended LEGAL Tract 470, Lot 1, Block B, except that area dedicated to E. DESCRIPTION: Coast Highway, including that area within the abutting abandoned alley. APN 459-083-01 GENERAL RSC—Retail and Service Conmmercial PLAN: ZONE: RSC—Retail and Service Commercial OWNER: Helmut Reiss Points and Authority • Conformance with the General Plan and Zoning The Land Use Element of the General Plan designates the site for 'Retail and Service Commercial" uses. The existing eating and drinking establishment is a permitted use within this designation. • Environmental Compliance(California Environmental Quality Act) It has been determined that the project is categorically exempt under Class 1 (Existing Facilities). • Use permit procedures and requirements are set forth in Chapters 20.91 of the Municipal Code. 34 Vicinity Map u tt ,Q we CO((' s o�s�ti g04`D P�� V Q' P OSubject Property ell a�oo P� Use Permit No. 1851 Amended Rothschild's Restaurant Subject Property and Surrounding Land Uses Current Development: Restaurant with on-site beer and wine license To the north: Shopping center and restaurant across E. Coast Highway, an existing retail building and uses across Begonia Street and single family residential across E. Coast Highway To the south: Residential uses(duplexes and single family). To the west: Residential uses (duplexes and single family). To the east: Existing retail building and uses. Use Permit No. 1851 Amended March 23,2000 Page 2 35 Introduction The applicant, Rothschild's Restaurant, requests to amend its existing Use Permit to allow a change in the operational characteristics of the restaurant. The restaurant presently has an alcoholic beverage license for on-site consumption of beer and wine in conjunction with a restaurant. The applicant desires to upgrade this license to permit the on-site consumption of distilled spirits or mixed drinks in addition to beer and wine (Type 47 license). Background Rothschild's Restaurant was originally established in 1978 as a delicatessen/restaurant with a beer and wine license with the approval of Use Permit No. 1851. In 1983, the Use Permit was amended and permitted a modest expansion of the restaurant, demolition of a detached storage building and a re-stripping of the parking lot to provide additional required parking. The use of tandem parking was authorized with a valet service. In 1986, the permit was reviewed by the Planning Commission for compliance with the conditions of approval. The operation of the restaurant was discussed and Planning Commission granted an extension of time for a companion resubdivision application that was required as a condition of approval of the use permit. In 1995, the applicant requested a modification of the permit to expand the hours of operation from 10:00 a.m. to 10:00 p.m., daily to 10:00 a.m. to 12:00 p.m., daily. This amendment was approved by the Planning Commission on July 20, 1995. The site is approximately 7,150 square feet in size, located on the northeast corner of Begonia Avenue and East Coast Highway. The existing 3-story building is approximately 3,051 square feet in area and is presently used for a restaurant.There are no other use permits approved for this site. Analysis No other operational changes to the restaurant are proposed other than the alcoholic beverage license change. No exterior changes to the building are proposed. The layout of the existing restaurant and site is illustrated on the attached floor plans and site plan. Approved Restaurant Proposed Restaurant Operation Operation Alcoholic Beverage Service YFS(beer and wine only) YES(general) Hours of Operation: 10:00 a.m.to 12:00 p.m.,daily 10:00 a.m.to 12:00 p.m.,daily No Changes Gross floor area: 3,051 sq.ft. 3,051 sq,ft. No Changes Areas used in determining Retail: 250 sq.fl.(8.2%) Bar: 168(5.511b) parking requirements Dindng: 671 sq,ft.(22%) Dining: 671 sq.ft.(22%) TOTAL: 921 sq.fl.(30.2%) 839 sq.ft. (27.5%) Other area: Restrooms,storage,kitchen, service and office areas: 2,130 sq.ft. 2,212 sq.ft. TOTAL ARRA: 3,051 sq.ft. (69.8%) 3,051 sq.ft. Use Permit No. 1851 Amended March 23,2000 Page 3 3o Required Off-Street Parking Originally, the operation was approved as a "wine and cheese shop with eating area" and had an area devoted to retail sales of wine and cheese. The Planning Commission previously established the parking ratio for the restaurant portion of the establishment at 1 space for every 40 square feet of net public area and also required the retail area to provide parking at the retail rate of 1 space for every 250 square feet. The total required parking was 18 spaces (671 sq. ft. net public area _ 40 = 16.78 + 250 sq. ft. retail _ 250 = 1.0 = 17.78 — 18 spaces rounding to the next higher whole number). The approved parking plan for the site has a total of 21 spaces which included the use of tandem parking spaces providing 3 surplus spaces. The applicant was required to provide valet parking services for customers at all times the restaurant is open for business. The retail area has been converted without review by the City to a bar that seats a approximately 8 people. This conversion was done in the mid-eighties before they took over operation according to the applicant. Since the retail area is now a bar area, the net public area has increased by 168 square feet which results in an increased parking requirement. Using the previously approved parking ratio of 1/40, the minimum required parking is 21 spaces (839 _ 40 = 20.98 — 21 spaces rounding to the next higher whole number). Additionally, the parking lot was re-stripped for self park recently when the parking lot was re-surfaced and presently accommodates only 15 vehicles, and the arrangement does not meet city standards. During the lunch and dinner hours, the valet service parks the vehicles irrespective of the parking striping in a manner to maximize the number of vehicles in the area. According to the applicant, 24 vehicles can be accommodated in the lot. Additionally, the applicant presently rents parking from the adjacent property for use during dinner hours as a convenience for their customers. Public Works and Planning staff recommends that the parking lot be re-striped per the originally approved tandem plan to provide 21 spaces. The lot would then supply the minimum number of required parking spaces using the ratio 1 space per 40 square feet of net public area. Staff has added conditions of approval requiring that the parking lot be re-striped. These conditions are necessary even if the Commission were to deny the applicant's request to upgrade the liquor license, as the operation is presently in violation of its previous approval related to parking requirements with the parking striping and bar area conversion. Alcoholic Beverage Outlet Ordinance On June 8, 1998, the City Council adopted Chapter 20.89 of the Municipal Code, the Alcoholic Beverage Outlet (ABO) Ordinance. The purpose of the ordinance is to preserve a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcoholic beverage retail outlets. Chapter 20.89 is intended to prevent alcohol- related problems. The chapter provides a set of additional tools to help reduce the costly and harmful effects of irresponsible alcohol sales and consumption on local businesses,residents, law enforcement, and various other resources. The ABO Ordinance requires a Use Permit for all new alcoholic beverage outlets, and requires that the Planning Commission consider the following factors when reviewing a request for a use permit: Use Permit No. 1851 Amended March 23,2010 Page 4 S 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The manber of alcohol licenses per capita hr the reporting district and in adjacent reporting districts as compared to the county-wide average. 4. The nranbers of alcohol-related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, clay care centers, park and recreation facilities, places of religions assembly, and schools. Liquor license concentration and crime statistics for the area in which a project's introduction of alcoholic beverage service is proposed is an important consideration for the Planning Commission. The project site is located within Police Reporting District No. 44 and is adjacent to Reporting District Nos. 43 and 45. The site is wholly within Census Tract No. 627.01, but Reporting District No. 44 is made up of portions of Census Tract Nos. 627.01 & 627.02. The following charts provide data related to factors 2, 3 and 4 noted above. Reporting District No. 44 Projected Based on Portions Census Tract Orange County Nos.627.01&627.02 average 1990Population: 3972 =f z ABC Licenses: Total licenses 23 4.4 (I per 173persons) (I per 893persons) Subject Reporting Adjacent Reporting Adjacent Reporting Ci -wide District No.44 District No.43 District No.45 Crimes Part 1: 2,527 114 45 74 Part 2: 3,300 167 21 60 Total 5,827 281 66 134 Crime Rate: 3,510.1 2870.09 4540.87 2531.65 (Part One crimes) Arrests Total Arrests: 3,515 154 42 63 Alcohol-Related: 33.96% 35.06% 35.71% 55.56% "Part 1 Crimes"are homicide,forcible rape,robbery,aggravated assault,burglary,larceny-theft,auto theft,and arson. All other crimes are"Part 2 crimes." The"Crime Rate"the number of crimes per 100,000 people. "Alcohol-related arrest"means the offender had been drinking prior to the incident for which they were arrested. Factor No. 1 - Public Convenience or Necessity. Current City Council Policy K-7 provides criteria for situations when the public convenience and necessity will not be served. However, this policy is only applicable to bars, cocktail lounges, cabarets, and nightclubs. Although the restaurant has a small bar area, staff does not consider the operation a bar as defined by Policy K-7. To be considered a bar, the primary use would Use Permit No. 1851 Amended March 23,2000 Page 5 32 need to be serving alcoholic beverages for on-site consumption operated during hours not corresponding to regular meal service hours. Rothschild's clearly serves lunch and dinner and is a restaurant, although they are open until midnight. Arguably, dinner service generally does not extend past 10:00 p.m., but due to the small size of the bar area and the primary use is meal service, staff does not consider the operation a bar. However, the convenience of the public can arguably be served by the service of desired beverages in a restaurant setting. The restaurant serves the local neighborhood as well as the general public and the applicant indicates that their regular customers would like a wider variety in the beverage menu. This desire must be balanced, however, by the other four factors to be evaluated by the Planning Commission for this Use Permit. Based upon all the information assessed in these factors, the Planning Commission may determine whether this approval is necessary to serve the public convenience and necessity. Factor No. 2 - Crime Rate. There were 5,774 total crimes reported citywide to the Police Department in 1998, of which 2,527 were Part One Crimes. The citywide Part One crime rate is 3,510.01 which is Part One crimes per 100,000 population. The Part One crime rate for this Reporting District is 2870.09 and is lower than the citywide average. Crime statistics that exceed the citywide average by 20% are generally considered significant, and in this case the crime rate is not significant as it is lower than the citywide average. In the neighboring reporting districts, RD 43 & RD 45, one is above and one is below, as exhibited in the table above. The proposed.use is not expected to increase the crime rate within this district and the Police Department is not opposed to the change in alcoholic beverage license status of this restaurant. Factor No. 3 - Overconcentration. Within the reporting district, there currently are 23 alcoholic beverage outlets which establishes a ratio of 1 liquor license per 173 persons. This ratio is higher than the average ratio of Orange County, which is 1 license per 893 persons. This is due to the fact that the area has a large number of eating and drinking establishments to its population. The issue of overconcentration may be considered by the Planning Commission in its determination of serving the public convenience and necessity. Denying the applicant's request will not reduce the number of licenses in the area as the restaurant currently has a beer and wine license. Factor No. 4 — Alcohol-related Arrests & Calls for Service. Alcohol-related arrests means the offender had been drinking prior to the incident for which they were arrested. There were 154 total arrests in Reporting District No. 44 during 1998 as compared to the 3,515 arrests citywide. Of the arrests made in Reporting District No. 44, 35.06% were alcohol-related, while 33.96% of the arrests citywide were alcohol-related. The number of alcohol-related arrests in Reporting District No. 44 is only slightly higher than citywide percentage (1.1%). Again, crime statistics that exceed the citywide average by 20% are considered significant, and in this case, the alcohol-related percentage is consistent with citywide percentages and is slightly lower than the national average which is 36% according to the Department of Justice. Staff and the Police Department believe that the applicant's request to sell distilled spirits in addition to beer and wine within a restaurant setting is unlikely to contribute to any alcohol-related problems in the area. The adjacent reporting districts had alcohol-related arrest percentages that in one Use Permit No.1851 Amended March 23,2000 Page 6 3J° case was near the citywide percentage and in the other far exceeded the percentage (RD No. 43 —35.71% and RD No. 45 —55.56%). Factor No. 5 - Adjacent Uses. There are no day care centers, schools, or park and recreation facilities in the vicinity of the project site. There are residential uses located to the northeast across Begonia Avenue and south across an alley. The restaurant is presently in operation, and no recent complaints about the facility have been received or are outstanding according to Code Enforcement Staff. Staff believes that the change in status of the license will not have a negative impact to the area provided the operator exercises appropriate control of the alcohol service. The applicant contends that restaurant operation does not function as a bar, and alcohol service is and will continue to be accessory to the primary food service. This is supported by the physical design of the facility, which includes a very small bar area (approximately 168 sq. ft.). The bar area seats a maximum of 8 people and is used as a waiting area for patrons before being seated. This inclusion of distilled spirits to the menu of this type of"high-end" restaurant is typical and is accessory to the food service use, which is considered the primary use. Given these characteristics of the proposed use and its location, staff believes the upgraded license, with proper operator's control, will not have a detrimental effect on the neighborhood and will not result in a significant impact requiring additional demand for police services. Additionally, neither staff nor the Police Department anticipates harmful alcohol-related effects on local businesses, residents and City resources. If the operator's control should not adequately prevent problems from occurring, Standard City Requirements included in the exhibit for approval provide for the Planning Commission to add or modify conditions of approval, or recommend that the City Council to revoke the use permit. As required by the ABO Ordinance, the Police Department has reviewed the drawings for the restaurant pursuant to the Development and Operational Guidelines of the Ordinance and feel that no additional conditions related to design and security are necessary. As already required by City Codes, the Police Department did recommend to require a Special Events Permit for any event outside the normal characteristics of this business. Recommendations Section 20.91.050 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety,peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff believes that findings for approval of the use permit can be made. The existing restaurant has not proven a nuisance to the neighborhood and staff believes that the addition of distilled spirits will not create problems provided that the operator controls the operation. The orientation of the proposed restaurant with no outdoor dining area also protects against impacts on residential neighbors. The recommended conditions of approval, which include restrictions on alcoholic beverage service, hours of operation, live entertainment, number of seats, and outdoor paging and Use Permit No. 1851 Amended March 23,2000 Page 7 40 speaker systems, should control impacts on neighboring properties or residential uses in the vicinity. If these conditions and the operator's control do not prevent problems from occurring, Standard City Requirements included in the exhibit for approval, allows the Planning Corrunission to review the operation and permit in the future. The Commission could add or modify the conditions of approval or it could recommend that the City Council revoke the use permit if warranted. As required by the Alcoholic Beverage Ordinance, the Planning Commission must consider five factors when reviewing a request for a Use Permit to sell or serve alcoholic beverages which are discussed above. The proposed establishment is located in an area where the reporting district crime statistics are lower than the Citywide average, but the alcohol related incidents are only slightly higher than the citywide average. The concentration of liquor licenses in this area does exceed the Countywide average, but denying the applicant's request will not reduce the number of licenses as the restaurant presently possesses a beer and wine license. The service of alcoholic beverages will be incidental to the primary use of the facility as a restaurant. With all these factors evident, staff believes that approval will not contribute to neighborhood problems and the necessary findings pursuant to the ABO ordinance can be made. Should the Planning Commission wish to approve Use Permit No. 1851 Amended, the findings and conditions of approval are set forth in the attached Exhibit "A". Since the service of alcoholic beverages in conjunction with the restaurant use, in this particular case, conforms to the requirements of the Title 20 of the Municipal Code, and does not appear to have any detrimental effect on the surrounding neighborhood, staff has not prepared findings for denial. However, should information be presented at the public hearing, which would warrant the denial of this application, the Planning Commission can direct staff to prepare findings for denial which could be presented at a future meeting. Submitted by: Prepared by: PATRICIA L. TEMPLE JAMES W. CAMPBELL P ning Director Se for Planner 1 Exhibits 1. Exhibit"A": Findings and Conditions 2. Applicant letter 3. Piot Plan,Floor Plans F:\USERS\PINSHARED\IPLANCOM\2000\03-23\upl851a staff repon.doc Use Permit No. 1851 Amended March 23,2000 Page 8 41 V� QP �P Attachment No. PC 3 Site Photos and Project Plans 4S V� QP �P 1: 9 45, 1: I r�,,.Il� ltll�'��i1ll 35. rl o Y U i. _ r y U S _n w 1 � tw % � � ♦ � �`C���� ,. i . , C • i� '.a. .... _ � � � � ' . r � � .t -_ K � i � n �►-, , �r+ +" _ n � � ., . „ 4 f-,� . �.f/�.A i� i �( 77 Al r PA2016-088 We are applying to modify our existing conditional use permit to include outdoor dinning. This by leasing from the City of Newport Beach, approximately 200 square feet of sidewalk at the front of our address newly completed by the City. From the City, we understand our proposed use falls within the General plan and is consistent with both zoning and municipal codes in addition to being compatible with allowed uses in the area of Begonia and East Pacific Coast Hwy; while in no way constituting a hazard to the general public. With an approved outdoor dining ornamental iron enclosure, new awnings and additional decorative treatments, we are looking forward to enhancing the appeal of the Corona Del Mar villageas well as providing additional food service options to those newly visting and our neighbors alike. 49 PA2016-088 1 REVISION DATE Uds Restaurant ;Rothscht PROJECT DIRECTORY NO SCALE OWNER/OPERATORS: HEIDI & JIM PATRICOLA C/0 2207 EAST COAST HIGHWAY CORONA DEL MAR, CA 92625 Proposed Outdoor Patio Dinlnvy (949) 673.3750 ROTHSCHILDS@EARTHLINK.NET Z Heidi f Z0.. GENERAL CONTRACTOR: BY OWNER Lor STRUCTURAL: GREGORY MC CORMICK, ENGINEER REG MC7 East oast 1 way 1120 V RSAI L SI CKCIRP RIVERSIDE,QCA 92506 TEL. (951) 315.1081 GMCCORMICKPE@GMAIL.COM Corona Mar, � W DESIGN / ADMINISTRATION: EAC DESIGN WILLIAM R. EDWARDS , PRINCIPAL Designed by William R. Edwards ® EAC 2549 EAST BLUFF DRIVE, STE. 297 U p` -- - NEWPORT BEACH, CA 92660 TEL. (949) 554.4350 FAX. (949) 252.1198 O L{7 SURVEY: MR. RON MEIDEMA, LS. N RDM SURVEYING, INC. O W 0 r 23016 LAKE FOREST DRIVE, LAGUNA HILLS, CA 92653 U J Q TEL. (949) 548.3881 RDMSURVEYING@ COX.NET U O Q a �" j � LO E (J) r-) O PACIFIC COAST ICY. _ o CY w I (U N PROJECT CODE REVIEW NO SCALE 0 '0') BEGONIA AVE. =tea CURS, BEGONIA 2013 CALIFORNIA BUILDING CODE (CBC) 2013 CALIFORNIA RESIDENTIAL CODE (CRC) 2013 ELECTRICAL CODE (CEC) 2013 MECHANICAL CODE (CMC) fl 2013 PLUMBINGCODE (CPC) ,, ,� n sEAW WALLN2013 CA GREEN BUILDING STANDARDS CODE PARKWAY ,1 ' ��� 2013 CA EXISTING BUILDING CODE 2013 CA ENERGY STANDARDS / CODE (EFF. 7.1.14) - ' S#DEWALK I /•', PUBUCA PILASTER @I CITY OF NEWPORT BEACH, CA (NEMC) t om, E.-NEW CONST.) I OCCUPANT LOAD >10 T fA A u OCCUPANCY CLASSIFICATION A-2 . wIo �a - ��' OCCUPANCY SEPARATIONS I-HR. UE) 21 W , ^ T"YPEEOFCON CONSTRUCTION V-B - = i" (NON-SPRINKLERED) r NEW RAILING HEIGHT 2 - STORY + UPPER LEVEL (MIN.38"H.) i FLOOR AREA REF. STATISTICS (ABOVE) (N.)DINING RAIL FV. + i j^ y .• BARRIER�SIB LINE) g 8 NEW GATE Im •,,,,- (DECO W. IJ a (N TYi •'T•UMBRELLA •, � - O P MyIN 38"H.} s - �` ®' 'M 3) NEW GATE ®+ Q 10 n u ..PATIO DINING t. 36'EGRESS (DECO. W: IJ �`®..�„®... t .•7 (II 0` N $ g '1•„e (N.)DINING RAIL(FV.) '. o. s (MIN.38"H.) `""" - - - - 6. _ y (N.)1M58REW1S 8 HTRS. PATHWAY i' • BARRIER SIB LINE �.,/' ' �..�.... PA CANOPY Q ON Z O COMPL _ I U ' �' •'"• .v..,-••."''r+ r SE N 3 AWNING >t:.,..x, HOSTESS .. ® .(E. V.) 1: Of z Q U v ...�.., . '{ •�-.. -.. i ION d a e• ) c .. <E ABV.) ' STAT ` a t i ! y'At a._ .-a s..'m:r'lw'•./t' i:s r.. Z U 0 w UL PLANTER WALL PLANTER m o UP i I f ' " I UP t r. - �l < Q 1- fn s (E TO REMAIN) • (DEMO.EJ a.; i 1.•s 1 ( j O I� 17 PLANTER •. -' _ ,.. �L�N EwR LLi CL Q Z LO '1" AWNING _ i (N..ABV��'- .- � . - '... ''• - _ .. ' � ® ENTRY � SHEET INDEX ©,-� - ')"' <E)UST.) HEATER (ABY) 0•v ` ' (EXISVG.) NO SCALE r^ Q d J N PNTN.. TERRACE TERRACE DINING 36 "SNWAY �,.a.l (N. SCONCE,TYPJ • V PLANTER WALL a (E.)PNiN.PLANTER&AWNING PA' , • a,, , , , , m I- Q I- (E. TO REMAIN) (REMO.Ex1ST'G.) , (N.)AwNING&scaNCE H Rs. { L00 TITLE SHEET SITE PLAN SHT INDEX PROD DIR CODES - •• ')` I it � 1.01 CONST./CAL-GRN. NOTES MIN. CONST., CAL-GREEN & TITLE 24 RQMTS. .l } � w O 4 _ _ CE SECTIONS A & B OUDOOR DINING C S SECTIONS _ ... ,. .. '\B ..r,....d-.. �_ L g k T A PART) .. _ - y i♦ ; ! 1, RAISED _ J z Z U IL e Y , a e e t sj ` SHELF 1- N <( _j U J < d5 ' (EJ INTERIOR SPA � _ 110 ROS t pEl HEATER (ASV.) _ F- V/ p O m O (N. SCONCE,TYP.) Co t 1ROTHSCHILD$ W (.�.� f DINING AREA oW Q 05 1 (E.(INTERIOR SPACE O O N �` 'S NOT A PART} PROJECT STATISTICS NO SCALE N o W O N UL LEGAL DESCRIPTION: k rani: SUBJECT PROPERTY 2407 E. COAST HWY., CORONA DEL MAR, CA 92625 LEGAL: PARCEL I 4 }1R1•'I!'11 W V C L LOT B TRACT 0470 - OLDE CORONA DEL MAR ZONING: 'CC' CORRIDOR COMMERCIAL I,. * ASSESSOR'S PARCEL NO. 459 083 01 4 E TABULATIONS 4ROFESS/py L TAREASF. N MC( q�F2 't AREA WITHIN SETBACKS SF w G' rr,$I etk t - i- eysLW; MAX. ALLOWABLE AREA (0.75 FAR) SF. ; �.� No, 65217 � PROPOSED OUTDOOR PATIO DINING PLAN SCALE: 1/4" = V-0• p MAX. COVERAGE N / A * P. 30i15 PROPOSED PATIO 8 TERRACE DINING PLAN 05.16.2016 - EAC / WRE Ex 9/. MAX. BLDG. AREA (PER HOA) N / A sr C1 IL ... ti iat. stdvo-rr, OF'CA4\F�� PATIO SEATING AREA TABULATIONS 'PATIO SEATING TABULATIONS - - SECTION AREA (SF.) TTL • ` SECTION TABLE TYPES le aT " s 3's 4_s 6_s TTL- 2 PATIO 112.80 SF. 112.80 SF. ( 5 +AOA Ba3Tu.�asa H_Y ') E R CE PATIO 4 2 14 T RR A 96.89 SF. 96.89 SF. JOB _ t TERRRACE 3 I 10 TILS 209.69 SF - # 0522 rns 24 DATE: MAY 12, 2016 PROJECT DESCRIPTION _ SUMMARY THE PROJECT IS LOCATED AT 2407 COAST HIGHWAY E., CORONA DEL MAR CA (CITY OF NEWPORT PROPOSED EXTERIOR IMPROVEMENTS INCLUDING NEW OUTDOOR PATIO GROSS DINING & BAR / LOUNGE AREA: 840.00 SF. PATIO SEATING AREA TABULATIONS SCALE. BEACH) AND CONSISTS OF P DRAWN BY: BE / GM S _ SECTION AREA(SF.) TTL DINING AREA WITH W.I. RAILINGS AND GATES, AWNINGS, UMBRELLAS, PORATBLE AND FIXED HEAT- ERS, PLUS MOVEABLE RESTAURANT FIXTURES SUCH AS TABLES, CHAIRS, HOSTESS / SERVICE STA 25 % OF (E.) PUBLIC AREA = 210.00 SF. PATIO 112.80 SF. 112.80 TION AND CONTAINERIZED PLANTS, ETC. THE PROPOSED 'TERRACE DINING' AREA IS AN EXISTING PROPOSED PATIO DINING AREA TTL: 209.69 SF. ' " # FOUNTAIN / PLANTED PATIO AREA TO BE CONVERTED INTO AN OUTDOOR DINING AREA. THE EXIS TERRRACE 96.89 SF. 96_89 u TING FLAGPOLE IS TO REMAIN AND NEW W.I. WORK IS TO BE IN UNISON WITH THE EXISTING. SURPLUS (210.00 SF. - 209.69 SFJ 0.31 SF. TTLS 209.69 SF. - - - i t SUMMARY - ,` GROSS DINING 8 BAR / LOUNGE AREA: 840.00 SF. - 25 % OF (E.) PUBLIC AREA= 210.00 SF. - TITLE SHEET n s: - PROPOSED PATIO DINING AREA TTL: 209.69 SF. The land hereinafter referred to Is Situated In the City of Newport Beach, CA County of Orange, State of CA, and - SURPLUS (210.00 SF. - 209.69 SF.) 0.31 SF. is described as follows: Lot PCL 1, Block B-Tract 00470, ReSub 0751, Olde CDM, in the Newport Beach, CA, County of Orange, State of California, as map recorded in Book 017, Page 28, of Miscellaneous Maps, in the I Office of the County Recorder of said County. APN 459 083 01 Dated 06.28.192300 VICINITY MAP NO SCALE • LEGAL DESCRIPTION NO SCALE - - LOT PCL I BLOCK B -TRACT 00470 OLDE CDM IN THE CITY OF ` NEWPORT BEACH, CA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 017, PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY. - 50 PA2016-088 16. Paints,stains,and other coatings shall be compliant with VOC and other toxic compound limits set �s Weoii CITY OF NEWPORT BEACH forth in Table 4.504.3.(4.504 2.2) COMMUNITY DEVELOPMENT DEPARTMENT VOC CONTENT LIMITS FOR ARCHITECTURAL COATINGS n s BUILDING]DIVISION 100 Civic Center Drive I P.O.Box 17681 Newport Beach,CA 92668-8916 SCOPE: TITLE 24 ENERGY MANDATORY MEASURES (Grams of VOC per Liter of Coating, >ekl ,; zt� Less Water and Less Exempt Compound WWAI.newoortibeachca.gov 1(949)644-3200 REVISION DATE ai COATING CATEGORY voc LIMIT THIS STANDARD PLAN IS ONLY APPLICABLE FOR INTERIOR REMODEL OF KITCHENS AND BATHROOMS DUCTS AND FANS MEASURES: WITHIN A SINGLE FAMILY DWELLING OR DUPLEX/TOWNHOUSE OF TYPE VB CONSTRUCTION,R-3 OCCUPANCY. Flat coatings CAL GREEN-RESIDENTIAL THIS STANDARD PLAN DOES NOT APPLY TO: 1.EXHAUST FAN SYSTEMS HAVE BACK DRAFT OR AUTOMATIC DAMPERS.-150(M)7 Nonflat coatings 100 Nonflat-high glass coatings Speciany coatings 150 NEINTMUM RIC'QUMEMENTS A.RELOCATION OF WALLS,DOORS OR WINDOWS AND OR WINDOW REPLACEMENTS. 2.JOINTS AND SEAMS OF DUCT SYSTEMS AND THEIR COMPONENTS SHALL NOT BE SEALED WITH CLOTH BACK RUBBER ADHESIVE DUCT TAPES UNLESS SUCH TAPE IS USED IN COMBINATION WITH MASTIC AND Aluminum mof coatings 400 Scope B.ALTERATIONS OR CONTRUCTION AFFECTING UNIT SEPARATION FIRE-AND SOUND RATED WALLS AND OR DRAWS BANDS.-150(m)2D Basement specialty coatings 400 1. 2013 California Green Building Standards Code(CG)is applicable to all new Residential Buildings, FLOOR CEILING ASSEMBLIES,SUCH AS RECESSED LIGHTS,SWITCHES,AND OTHER PENETRATIONS Bituminous met coatings 50 including but not limited to,dwellings,apartment houses,condominiums, hotels, and other types of WITHIN FIRE AND SOUND RATED ASSEMBLIES. 3.FLEXIBLE DUCTS CANNOT HAVE POROUS INNER CORES.460(m)10 Bituminous roof primers 350 dwellings containing sleeping accommodations with or without common toilets or cooking facilities Bond breakers 350 regulated by the Department of Housing and Community Development(HCD-1). (NBMC 15.11-010, APPLICABLE STANDARDS: RESIDENTIAL LIGHTING MEASURES: Concrete curing compounds 350 CG Section 101.3.1). Concretelmasonry sealers 100 2013 CALIFORNIA RESIDENTIAL CODE(CRC);2013 CALIFORNIA BUIDING CODE(CBC)ASCE 7-05; 4. LUMINAIRE REQUIREMENTS. Driveway sealers 50 2. 2013 California Green Building Standards Code (CG) is applicable to additions Or alterations of 2013 CALIFORNIA PLUMBING CODE(CPC);2013 CALIFORNIA ELECTRICAL CODE(CEC); Dry fog coatings 150 existing residential buildings where the addition or alteration increases the building's conditioned 2013 CALIFORNIA MECHANICAL CODE (CMC),,2013.BUILDING ENERGY EFFICIENCY STANDARDS(BEES); A. LUMINAIRE EFFICACY:INSTALLED LUMINAIRES SHALL BE CLASSIFIED AS HIGH-EFFICACY OR LOW-EFFICACY Faux finishing coatings 350 area, volume,or size. The requirements shall apply only to and/or within the specific area Of the 2013 CALIFORNIA GREEN BUILDING STANDARDS CODE(CBGC);AND THE NEWPORT BEACH FOR COMPLIANCE WITH SECTION 150,0(k)IN ACCORDANCE WITH TABLE 160.0-A OR TABLE 150.0-B.AS Fire resistive coatings 360 addiflonorafteration. (301.1-1) MUNICIPAL CODE (NBMC) Floor coatings 100 En2rgy Efflicien APPLICABLE. Form-release compounds 250 Graphic arts coatings(Sign paints) 500 3. Lighting (NBMC 15.11.010,A4.203.1.1,A4.204.1.1): FLOOD ZONE: B. HYBRID LUMINAIRES:WHEN A HIGH EFFICACY AND LOW EFFICACY LIGHTING SYSTEM ARE COMBINED High temperature coatings 420 a. All newly installed, permanently installed lighting shall be high efficacy. Permanently installed PROJECTS LOCATED WITHIN FEMA SPECIAL HAZARD FLOOD ZONES ARE REQUIRED TO PROVIDE DETERMINATION TOGETHER IN A SINGLE LUMINAIRE,THE HIGH EFFICACY AND LOW EFFICACY LIGHTING SYSTEMS SHALL Industrial maintenance coatings 250 lighting shall be installed in kitchens,bathrooms,utility rooms,and private garages at a minimum. OF SUBSTANTIAL IMPROVEMENT.SEE PLAN CHECK ENGINEER OR PLAN CHECK SUPERVISOR FOR ASSISTANCE. SEPARATELY COMPLY WITH THE APPLICABLE PROVISIONS OF SECTION 150.0(k). WLow solids coafin 120 1. Exception 1: Permanently installed night lights incompliance with BEES 150.0(li __J Magnesite cement coatings 450 5.BALLAST FOR FLOURESCIENT LAMPS RATED 13 WATTS OR GREATER SHALL BE ELECTRONIC AND SHALL Mastic texture coatings 100 fl. Exception 2: Lighting integral to exhaust fans in compliance with BEES 150.0(k)1r. 0 Metallic pigmented coatings 500 b. Ao newly installed, permanently installed lighting in bathrooms shall be controlled by a vacancy MINIMUM FOUNDATION EMBEDMENT AND REINFORCEMENT PER CITY POLICY.ZONE: HAVE AN OUTPUT FREQUENCY NO LESS THAN 20 KHZ.-150(k),I.D. Multicolor coatings 250 Sensor. . 6.PERMANENTLY INSTALLED NIGHT LIGHTS AND NIGHT LIGHTS INTEGRAL TO A PERMANENTLYINSTALLEID 0 0 Pretreatment wash primers 420 i. Exception: One high efficacy luminaire with total lamp wattage rated to consume no greater LUMINAIRE OR EXHAUST FAN SHALL CONTAIN ONLY HIGH EFFICACY LAMPS MEETING THE MINIMUM Primers.sealers,and undercoaters 100 than 26 watts of power. EFFICACIES CONTAINED IN TABLE 150-C AND SHALL NOT CONTAIN A LINE-VOLTAGE SOCKET OR ILINE- Ln Reactive Denetrafina sealers 350 k v) 260 c, Every now room greater than 70 square feet which does not have newly installed, permanently VOLTAGE LAMP HOLDER;OR SHALL BE RATED TO CONSUME NO MORE THAN FIVE WATTS OF POWER Recycled coatings 50 installed lighting and has newly installed receptacles shall have at least one switched receptacle CONSTRUCTION REQUIREMENTS AS DETERMINED BY-130(d),AND SHALL NOT CONTAIN IN A MEDIUM SCREW-BASE SOCKET.-150(k)LE, 0 W 0-) Roof coatings installed. Rust pro 250 d. All permanently installed outdoor lighting shelf be controlled by a manual ON and OFF switch that 1.BATHROOM: U _J < CO 0) Shellacs does not override to ON the automatic actions of the Phatocontrol, Astronomical time clock, or A. ROOMS CONTAINING BATHTUBS,SHOWERS,SPAS AND SIMILAR FIXTURES SHALL BE PROVIDED WITH AN 7.LIGHTING INTEGRAL TO EXHAUST FANS, IN ROOMS OTHER THAN KITCHENS, SHALL MEET THE 1 0 CD Clear 730 APPLICABLE REQUIREMENTS OF-150(k).-150(k)I.F. Opaque 550 Energy management control system in compliance with BEES I 50.0(k)gAd&150.1)(k)RAA. EXHAUST FAN WITH A MINIMUM CAPACITY OF 50 CFM,DUCTLESS FANS ARE UNACCEPTABLE. :�E Specialty primers,sealers and undergoaters --- 100 4. New Building: The Quality Insulation Installation (Qll) procedures spedfled in the Building Energy CIRC R303.3, CBC 1203.4.2.1,CMC T-" B.ALL SWITCHING DEVICES AND CONTROLS SHALL MEET THE REQUIREMENTS OF-150(k)7.450(k).2 Stains 250 Efficiency Standards Reference Residential Appendix RA3.5 shall be completed. (NBMC 15.11.010, B.CLEARANCE FOR WATER CLOSET TO BE A MINIMUM OF 24-INCHES IN FRONT,AND 154NCHES FROM ITS OF C�_ LZ consolidants 450 CG A4.203.1.1.2) CENTER TO ANY SIDE WALL OR OBSTRUCTION.CPC 402.5 9.A MINIMUM OF 50 PERCENT IN KITCHENS SHALL BE HIGH THE TOTAL RATED WATTAGE OF PERMANENTLY INSTALLED LIGHTING EFFICACY.-150(k).3 LLJ Ln E Swimming pool coalmos 340 5. New one and two family dwellings and townhouses with attached private garages shag install a listed > Traffic marking coatings 100 nominal I inch inside diameter raceway to accommodate a dedicated 208/240 volt branch clircuit. C.WATER CLOSET SHALL HAVE AN AVERAGE CONSUMPTION OF A MAXIMUM OF 1.28 GALLONS OF EXCEPTION:UP TO 50 WATTS FOR DWELLING UNITS LESS THAN OR EQUAL TO 2,500 FT OR IGO WATTS FOR 2�N V) r-r) C) Tub and tile refinish coatings 420 WATER PER FLUSH.CPC 403.2.Wale roofin membranes 1 0 ry y 250 (4.106.4.1) DWELLING UNITS LARGER THAN 2,504 FT2 MAY BE EXEMPT FROM THE 50%HIGH EFFICACY REQUIREMENT WHEN: 0 275 a. The raceway shall originate at the main service or subpanel and terminate into a listed cabinet. D. RESIDENTIAL FAUCETS SHALL NOT EXCEED A WATER SUPPLY FLOW RATE OF 1.5 GALLONS PER MINUTE MEASURED ALL LOW EFFICACY LUMINARIES IN THE KITCHEN ARE CONTROLLED BY A MANUAL OR OCCUPANT SENSOR DIMMER, Wood coatings box,or enclosure in close proximity to the proposed location of an EV charger. Wood preservatives AT 60 PSI.AND 0.8 GALLONS PER MINUTES AT 20 PSI. ENERGY MANAGEMENT SYSTEM(EMCS),OR A MULTI-SCENE PROGRAMMABLE CONTROL SYSTEM;AND ALL Ln E Zinc-rich primers b. the Service panel or subpanel shall provide capacity to install a minimum 40 ampere dedicated PERMANENTLY INSTALLED LUMINARIES IN GARAGES,LAUNDRY ROOMS,CLOSETS GRATER THAN 70 SQUARE FEET, 1. branch circuit and space reserved for installation of a branch circuit overcurrent protective device. E.SHOWER HEADS SHALL NOT EXCEED A WATER SUPPLY FLOW RATE CPC 4031 OF 2.0 GALLONS.OF WATER AND UTILITY ROOMS ARE HIGH EFFICACY AND CONTROLLED BY A MANUAL-ON OCCUPANT SENSOR. 0 cl-_ 0) U-) h effiset veless`A�Wis..listel M.Ubsseuere sci...m iiistaN.. devices 3.Vs.in this Wbl...Me&sii he.Memepecifiiel i,Me G01.1aAMRess S.W.A�NteM.[Gaelins Suggessed!Con"Measure. c. The service panel or subpanel circuit directory shall identify the overcurrent protective devil PER MINUTE AT 80 PSI.CPC 4082 Feb.,1,2006.More Mrs mation is avauble from to Air Resources aced. space reserved for future EV charging as"EV CAPABLE." d. The raceway termination location shall be permanently and visibly marked as"EV CAPABLE' F.WALL COVERING OF SHOWERS OR TUBS WITH SHOWERS SHALL BE OF SMOOTH,NONABSORBENT SURFACE 10. PERMANENTLY INSTALLED LIGHTING THAT IS INTERNAL TO CABINETS SHALL USE NO MORE THAN 20 WATTS W EXTENDED TO A HEIGHT NOT LESS THAN 6 FEET ABOVE THE FLOOR CRC R3072,CBC 121023 OF POWER PER LINEAR FOOT OF ILLUMINATED CABINET.-150(k).4 G.THE NET AREA OF THE SHOWER ENCLOSURE SHALL BE 1,024 SQ.INCHES(7.1 SO.FEET)OR MORE 11. LIGHTING IN BATHROOMS. LIGHTING INSTALLED IN BATH ROOMS SHALL MEET THE FOLLOWING REQUIREMENTS. IN CLEAR FLOOR AREA,AND SHALL ALSO BE CAPABLE OF ENCOMPASSING A 30-INCH 4 DIAMETER CIRCLE.CPC 408.6 A. A MINIMUM OF ONE HIGH EFFICACY LUMINAIRE SHALL BE INSTALLED IN EACH BATHROOM;AND 2.KITCHEN: B. ALL OTHER LIGHTING INSTALLED IN EACH BATHROOM SHALL BE HIGH EFFICACY OR CONTROLLED BY VACANCY SENSORS. Material Conservation and Resources Effielencv A.KITCHEN SHALL HAVE A CLEAR PASSAGEWAY OF NOT LESS THAN 3 FT. CBC 1208.1 17. Particleboard,medium density fiberboard(MDF)and hardwood plywood used in interior or exterior of 6. Annular spaces around pipes, electric cables, conduits or other openings in sole/bottom Oil at B. PROVIDE LOCAL EXHAUST SYSTEM VENTED TO OUTDOORS WITH RATE= 100 CFM. the building shall comply with low formaldehyde emission standards as Set forth in Table 4.504.5 below(4.504.5): exterior walls shall be protected against the passage of rodents by closing such openings with CEC 150(o),ASHRAE STD.622. 12. LIGHTING IN GARAGES, LAUNDRY ROOMS AND UTILITY ROOMS.LIGHTING INSTALLED IN ATTACHED AND cement mortar,concrete masonry or other similar method. (4.406.1) DETACHED GARAGES LAUNDRY ROOMS AND UTILITY ROOMS SHALL BE HIGH EFFICACY LUMINARIES AND C.FAUCETS AT KITCHENS SHALL NOT EXCEED A WATER SUPPLY FLOW RATED OF 1.8 GALLONS CONTROLLED BY VACANCY SENSORS. FORMALDEHYDE LIMITS' 7. Utilize one of the citYs approved franchise hauler to recycle andror Salvage a minimum of 50%of the PER MINUTE MEASURED AT 60 PSI.CDC 403.6 (Maximum formaldehyde Emissions in Pam per Million) nonhazardous construction and demolition waste. (4.408.1,4.408.3) PRODUCT LIMIT - 13. LIGHTING OTHER THAN IN KITCHENS, BATHROOMS,GARAGES,LAUNDRY ROOMS AND UTILITY ROOMS.LIGHTING Hardwood plywood veneer core 0.05 - Water Effidency and Conservation 3. SAFETY GLAZING SHALL BE PROVIDED AT THE FOLLOWING HAZARDOUS LOCATIONS CRC R308.4(CBC 2406.4): INSTALLED IN ROOMS OR AREAS OTHER THAN IN KITCHENS,BATH-ROOMS,GARAGES,LAUNDRY ROOMS AND Hardwood plywood composite core 0.05 - A.WHEN LOCATED WITHIN 60-INCHES OF THE FLOOR SURFACE IN TUBS,SHOWERS,SAUNAS,OR STEAM Particleboard 0.09 - 8. Automatic iffigation systems controllers shall be weather-based or soil moistum-based. (4-304.1) ROOMS WHEN LOCATED WITHIN 604NCHES OF THE FLOOR SURFACE IN TUBS,SHOWERS,SAUNAS, UTILITY ROOMS SHALL BE CONTROLLED BY EITHER DIMMERS OR VACANCY SENSORS. Medium density fiberboard 0.11 - 9, Plumbing fbdureiand fittings shall comply with the following(4.303.1): OR STEAM ROOMS. Thin medium dens'tv fiberboard' 0.13 EXCEPTION 1 TO SECTION 150.0(k)7:LUMINARIES IN CLOSETS LESS THAN 70 SQUARE FEET. 1.VW.is tis ,is.dames bran wess eseenes by to C~a Air Rmi=ss Bi:uirM Air Teske 0:MteA Msawre W CO.Piede wawa se FWTURIE TYPE MAXIMUM FLOW RATE B..WHERE GLAZING AREA IS MORE THAN 9 SO.FT.IN AREA,WITH THE BOTTOM EDGE LESS THAN 1�96EZOU2). Ts,,,ff0*J ,Ms,eeiiss.ses Csffl,mr. 93120MAW91, Single Showerheads, 2 gpm @ 80 psi 93120.12 - 18-INCHES ABOVE THE FLOOR AND TOP EDGE MORE THAN 36-INCHES ABOVE FLOOR. 2. Multiple showerheads Combine flow rate of 2gpm @80 psi EXCEPTION 2 TO SECTION 160,0(k)7: LUMINARIES IN DETACHED STORAGE BUILDINGS LESS THAN 1,000 SQUARE Residential lavatory faucets 1.6 gpm 60 si 4.ELECTRICAL: FEET.LOCATED ON A RESIDENTIAL SITE. 18. All duct and other related air distribution component openings shall be covered with tape, plastic, Common and public use lavatory faucets sheet metal or other methods acceptable to the building inspector to reduce the amount of water,dust Kitchen faucets 01 gpm,Vso t�Psl. A.ALL RECEPTACLE OUTLETS IN BATHROOMS,ABOVE KITCHEN COUNTERTOP,CRAWL SPACES.GARAGE, 14.LUMINARIES RECESSED INTO INSULATED CEILINGS SHALL BE LISTED FOR ZERO CLEARANCE INSULATION 1. and debris,which may enter the system until final startup of the HVAC equipment. (4.504.1) Meterinq faucets 0.25 gallons peir cycle maximum ROOFTOPS,OUTDOOR OUTLETS,WITHIN 6-FEET OF WET BAR SINKILAUNDRY SINK TO BE CONTACT(IC)BY UNDERWRITERS LABORATORIES OR OTHER NATIONALLY RECOGNIZED TESTING/RATING rn 19. Bathroom exhaust fans shall be ENERGY STAR compliant and be ducted to terminate outside the water closets 1.28 gallons/flushPROTECTED BY GROUND FAULT CIRCUIT INTERRUPTER(GFCI).CEC 210.8. LABORATORY;AND HAVE A LABEL THAT CERTIFIES THE LUMIUNAIRE IS AIRTIGHT WITH AIR LEAKAGE be Urinal 0.5 gafloniflush _J 0 building. Unless functioning as a component of whole house ventilation system, fans must LESS THAN 2.0 CFM AT 75 PASCALS WHEN TESTED IN ACCORDANCE WITH ASTM E283;AND BE < 0 1. I-_ LO CL controlled by a humidity control capable of adjustment between a relative humidity rage of less than ei B.ALL RECEPTACLE OUTLETS ARE REQUIRED TO BE LISTED TAMPER RESISTANT.(CEC 406.12 AND 210.52) SEALED WITH A GASKET OR CAULK BETWEEN THE LUMINAIRE HOUSING AND CEILING.-150(k).8 C\i - 10 U or equal to 50%to maximum 80%. 14.506.1) M200. Z < 01 (\J Z 20. Duct systems are sized,designed and equipment IS Selected using the following methods(4.507.2): C.COMBINATION TYPE AFCI CIRCUIT BREAKERS ARE REQUIRED FOR ALL 120 VOLT SINGLE PHASE 15/20 AMP 15.PROVIDE CF2R-LTG-01-E FORM TO THE BUILDING INSPECTOR FOR NEW REVISED LIGHTING. < o 0' E L) 10. Dishwasher and clothes washers shelf be qualified ENERGY STAR appliance with maximum water 01 < a- = , U <>< a. Establish heat loss and heat gain values according to ANSI/ACCA 2 manual J-2004 (Residential use as follows{NBMC 15.11.010): BRANCH CIRCUITS. EXCEPT FOR BATHROOMS,KITCHENS,GARAGES, OUTDOORS,AND LAUNDRY ROOMS. Z U V5 Load Calculation),ASHRAE handbooks or equivalent design methods. a. Standard Dishwashers: 4.25 gallons per cycle (CEC 210.12(B)) 0 <UJ b. Size duct systems according to ANSlfACCA I Manual D-2009 (Residential Duct Systems), b. Compact Dishwashers: 3.5 gallons per cycle M < ASHRAE handbooks or other equivalent design software or methods. D.AT A MINIMUM,ONE DEDICATED 20 AMP CIRCUIT IS REQUIRED FOR A BATHROOM.(CEG 21011(C)(2)) ej c. Select heating and cooling equipment according to ANWACCA 3 Manual S-2004 (Residential Q Clothes Washers; Water factor of 6 gallons per cubic feet of drum capacity. C) Y: [if A0 Equipment Selection)or other equivalent design software or methods E.A GFC1 PROTECTED RECEPTACLE IS REQUIRED WITHIN 3 FEET OF THE EDGE OF EACH BASIN IN 1-- _J OL Environmental Qualky A BATHROOM.(CEC 210.52(D)) 3: to 21. Filters with a higher value than MERV 7 shall be Installed on central air or ventilation systems. The < LU pressure drop across the filter shall not exceed 0.1 inches"ter column. (NBMC 15.11.030) 11. Moisture content of building materials used in wall and floor framing is checked before enclosure UJ according to we of the following(4Z05.3): F.RECEPTACLE OUTLETS ARE NOT ALLOWED WITHIN OR OVER A BATHTUB OR SHOWER STALL,(CEC 406.9(C)) < < 1: 0, ry 1' Insoffer and Special inspector Qualifications a. Moisture content shall be determined with either a probe-type or contact-We moisture meter. Z _J Q. -Z 000 D 01 Equivalent moisture verification methods may be approved by the enforcing agency and shall G.SUBPANELS ARE NOT ALLOWED TO BE LOCATED IN BATHROOMS OR CLOTHES CLOSETS. 0 N 1_� 22. HVAC system installers shall be trained and carliffied or work under direct supervision of trained and satisfy requirements found In Section 101.8 of this code. 0 0� L) _J , _J HVAC systems. (702.1) b. Moisture readings shall be taken at a point 2 feet(610 mm)to 4 feet(1219 mm)from the grade (CEC 240.24(D)AND 240.25(E)) 0 0!� LU LU certified installers In the proper installation of F__ U I-_ I-- )­_ 23. HVAC special inspectors must be qualified and able to demonstrate competence In the discipline they stamped end of each piece to be verified, 0 U) H.CIRCUITS SHARING A GROUNDED CONDUCTOR(NEUTRAL)WITH TWO UNGROUNDED(HOT)CONDUCTORS are inspecting. (702.2) c. At least W 0 three random moisture readings shall be performed on wall and floor framing with MUST USE A TWO POLE CIRCUIT BREAKER OR AN IDENTIFIED HANDLE TIE,(CEC 210,4(8))GROUP CIL Documentations wall and floor framing. U documentation acceptable to the enforcing agency provided at the time of approval to enclose the of NON-CABLE CIRCUITS IN PANEL(CEC 210.4(D)) Z. 2 LIJ LU Z 24. An operation and maintenance manual,CD,web-based reference or other approved media shall be 12.Aerosol paints and coatings shall be compliant with product weighted MIR limits for ROC and other Z LL LU provided by the builder to the building occupant or owner at the final inspection. It shag include toxic compounds in Section 94522(a)(3)and other requirements in Sections 94522(c)(2)and(dX2)of I.THE KITCHEN COUNTER TOP RECEPTACLES MUST HAVE A MIN.OF 2 DEDICATED 20 AMP CIRCUITS. _J U 77 Cn < operation and maintenance instruction of the equipment and appliances. (4.410.1) the California Code of Regulations,Title 17,commencing with Section 94522. (4.504.2.3) (CEC 210.62(8)). (D< M C) Amo _JZ 25. Documentation shall he provided to verify that finish materials used comply with V (10 U) OC limits as Set 13. Carpet and carpet systems shag be compliant with of the following (4.504.3): Ui L) L) U Z 0 1-- Y forth in Tables 4.504.1,4,504,2,&4.604,3. (4.504.2.4) a. Carpet and Rug Institute's Green Label Plus Program. J.THE RECEPTACLES IN THE DINING AREA,PANTRY,OR BREAKFAST NOOK MUST BE SUPPLIED U C) W < < U-1 LLI 26. Documentation shall be provided to verify that composite wood products used comply with b. Californiala Department of Public Health Specification 01350. BY DEDICATED 2D AMP CIRCUITS.(CEC 210.52(8)) < formaldehyde limits as set forth in Tables 4.504.5. (4,504.5.1) c. NSF/ANSI 140 at the Gold level. 2 CL CD P0 c r, 27. Documentation which shows compliance with CAL Green code Including construction documents, d. Scientific Certifications Systems Indoor Advantage Rs Gold K. KITCHEN COUNTER TOPS 12 INCHES OR WIDER MUST HAVE A RECEPTACLE OUTLET,(CEC 210.52(C)) U-1 Ir ly LL0 UJ D_ plans, specifications,builder or installer certification, and inspection reports and verification shall be 14. Minimum Wk of floor area receiving resilient flooring shall comply with one of the following(4.504.4): available at the final Inspection. (703.1) L.KITCHEN COUNTER TOPS MUST HAVE RECEPTACLE OUTLETS SONO POINT ALONG THE COUNTER a. VOC emission limits defined in the Collaborative for High Performance Schools (CHPS) High 28. CAL Green Documentation Compliance Certification form(city form)is required to be submitted to Performance Product Database. WALLS IS MORE THAN 24 INCHES FROM A RECEPTACLE.(DEC 210.52(C)) the Building Inspector prior to final building inspection, (Section 703,1) 2 M. ISLAND AND PENINSULAR COUNTER TOPS MUST HAVE AT LEAST ONE RECEPTACLE. 5 (CEC 210.52(C)(1)AND(2)) N.KITCHEN COUNTERTOP RECEPTACLES SHALL BE READILLY ACCESSIBLE,AND LOCATED NO MORE THAN b. Products certified under UL GREENGUARD Gold. 20 INCHES ON OR ABOVE,OR MORE THAN 12 INCHES BELOW THE COUNTERTOP SURFACE.(CEG 210.62(C)(5)) c. Certified under the Resilient Floor Covering Institute(RFCI)FloorSoore program. d. CallforniaDepartment of Public Health specification 01350. O.THE SPACING FOR GENERAL RECEPTACLE OUTLETS MUST BE LOCATED SO THAT NO POINT ON ANY WALL 15.Adhesives, sealants and caulks shag be compliant with volatile organic compound (VOC)limits set OR FIXED GLASS IS OVER 6 FEET FROM A RECEPTACLE OUTLET.(CEC 2110.52(A)) No, 65217 forth in Table 4.504.1 or Table 4.504.2. (4,5()421) Exp. 9/30/15 ADHESIVE VOC LIMIT'S P.HALLWAY 10 FEET OR MORE MUST HAVE AT LEAST ONE RECEPTACLE OUTLET.(CEC 216.62(H)) mr CIVIL (Less,Water and Less Exempt Compounds In Grams par Lftar) ARCHITECTURAL APPLICATIONS VOC LIMIT Indoor carpet adhesives so Q.LAUNDRY ROOMS MUST HAVE AT LEAST ONE DEDICATED 20 AMP RECEPTACLE CIRCUIT.(CEC 210.11 (C)(2)) Carpet pad adhesives 50 Outdoor carpet adhesives 150 Wood flooring adhesive 100 5.SMOKE ALARMS SHALL BE INSTALLED IN THE FOLLOWING LOCATIONS(R314.3): Rubber floor adhesives 60 A. IN EACH SLEEPING ROOM. Sultifloor adhesives so Ceramic We adhesives 66 1 B.OUTSIDE EACH SEPARATE SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOMS. var and as halt ole adhesives. so C.ON EACH ADDITIONAL STORY, INCLUDING BASEMENTS AND HABITABLE ATTICS. Drmall and Panel adhesives so Cove bass adhesives 50 SMOKE ALARMS SHALL BE HARDWIRED WITH BATTERY BACK-UP AND INTERCONNECTED UNLESS EXEMPTED IN Mui' construction adhesives 70 ACCORDANCE WITH SECTIONS R314A&R3145. JOB # 05221 �MT Structural azi. adhesives 100 Sing" y roof membrane.adluesves 260 6.CARBON MONOXIDE ALARMS SHALL BE INSTALLED IN THE FOLLOWING LOCATIONS(1113116.14): E: M 12, 2016 Other adhesives not specifically listed 50 SPECIALTY APPLICATIONS A.OUTSIDE OF EACH SLEEPING AREA IN THE IMMEDIATE VICINITY OF THE BEDROOM(S), PVC welding 510 B.ON EVERY LEVEL OF THE DWELLING UNIT INCLUDING BASEMENTS. SCALE. CPVC welding 490 ASS welding 326 7.EMERGENCY EGRESS WINDOWS SHALL BE MIN.51 SO.FT,MIN.NET WIDTH W AND MIN.NETL Plastic cement welding 250 DRAWN BY: 'BE GM Adhesive primer for astic 560 HEIGHT 24 , BOTTOM OF THE CLEAR OPENING NOT GREATER THAN 44"ABOVE FINISHED FLOOR.(R310)WINDOWS Contact adhesive 80 ABOVE FIRST LEVEL AND HAVING SILL HEIGHT<24"SHALL BE PROTECTED BY GUARDS(R312.2.1) Spadielpurpose contact adhesive 250 Structural wood member adhesive 140 Top and trim adhesive 250 SUBSTRATE SPECIFIC APPLICATIONS I metal to metal 30 I Plastic foams 60 P material(except wood) I so vo 30 Fiberglass 80 1.Fla. CONST. RQMTS. SEALANT VOC LIMIT - GREEN (Len Water and Lass,Exerript Com ids In Grams*or Lfti CAL SEALANTS VOC LIMIT Architecture[ 250. Marine deck 780 - Nonmembrane roof Roadway 25N To • Singte-ply roof membrane X Other 420 SEALANT PRIMERS Architectural Nonporous 250 Porous 775 -Watiffied bituminous 500 Marine deck 760 AL Other 760 3 PA2016-088 REVISION DATE TOP(E.)W.I. RAN_ TOP(E.)PARAPET CANOPY$ a_ O (E.,BYND.) _ ct� Q0 AWNING c) (N.,TTYP') (E.) E N E PATIO HTR. - -, ,'Ig"` _ 777 O KC/ �l @)(N00 o .;TYP.) C, _ C.�. —) - :.. :,._ SP. HTR. (N.) WOWS. (E.) C) J Q BTM. HTR. _ ! 'Q C) O n' .._ PATIO DINING )aa BAR & LOUNGEV) C.) . P.A_RKWAY SIDEWALK '' PR ©POSED (N.) I, (E.) NOT A PARTPUBL .- ; J- LLJ — - ;. _ TOP (N.)RAILf L C!? N 3 O DECO. W.I. (N.) OU V - RAIL I• - LIQ U PCH o Z !a FFE. BAR LOUNGE q� C�J , ' SEATWALL .. i r _ " M (EXISTG.) d 0 c- a-) U-) - v � .. ....��. ..�.-.� . ... - ',, I - - CURB & GUTTER ) �( (EXIST'GJ ( �' _ V-0° (MIN. CL.R.) 5' 6°+/' I 10'-4' +/- S/B. (MIM. 10 FT.) PATIO DINING) lie j' j_ Ii 1• CROSS SECTION 'A' @ PATIO DINING AREA SCALE: 1/4' = 1'-0' (TRANSVERSE SECTION THRU PATIO & BUILDING FACADE) m L Q N N E N O` 01 U Q (D rn zQ Zv < x omw add a O 'Q^ 0 Qo � 6'-0' +/-_ AWNING'-. _ WW [L O 0� z Z a L.I. Q n J Y 3'-6' (E.) AWNING I: O p O o` 01 - (BEYOND) '�, r^ O � L) _f N i V' J _ C� OtY � IW- � H U H _ O � i I I LL TOP (EJ PARAPET _ I, _~ n z LL p o0 LLJ Q m z . E Lu 1-- O w w w AWNING I _.�.... _ . d � EL N O I1.I O N L -•—/'. SP. HTR. (N.) ' AWNING (E.) TERRACE Di ING DINING AREA } PROPOSED (N.) (E.) NOT A PART oQgOFESSlOyq� SIDEWALK RAIL/BARRIER wpws. �) PCH PARKWAY PUBLIC ROW. (BEYOND) . _ (42' MAX ) p' DECO. ( !I i i RAlBARRiER No. 65217 ; TOP fN.)RAIL F IL-� Exp. 9/30/15 SEAT WALL 1'. ,. I:. `p;xCIVIL ,- (EXISTG.) :, - .. I �.-.� ..1 F OF 60 I II • • li CURB & GUTTER 8'-6' (7 FT. MIN. CLR.) rt 3'-4' +/- It 19'-4' (VARIES) TO FOC. 1 8'-0' +1- JOB # 522 DATE. MAY 12, 2016 SCALE: 1 DRAWN BY: BE Grp CROSS SECTION 'B' @ TERRACE DINING AREA SCALE: 1/4° = 1'-0' (TRANSVERSE SECTION THRU TERRACE & BUILDING FACADE) CROSS-SECTIONS 1 . 10 52 Planning Commission - June 9, 2016 �WPItem No. 4a Additional Materials Received Rothschild's OutdddT4NhWg,Use Permit (PA2016-088) } wr COMMUNITY DEVELOPMENT DEPARTMENT F f n 100 Civic Center Drive Newport Beach,California 92660 949 644-3200 C,�/FOP-NSP newportbeachca.gov/communitydevelopment Memorandum To: Planning Commissioners From: Brenda Wisneski, Deputy Community Development Director Date: June 6, 2016 Re: PC Item # 4 —Additional Material Attached is a revised draft resolution which reflects comments from the Police Department and City Attorney's office. The Newport Beach Police Department memo is also attached which includes statistical data and recommendations for conditions of approval. Many of the suggestions are already included in the existing Use Permit No#1851 A, are in the recommended resolution or are more appropriate for the Operators License, as handwritten notes on the memo indicate. Attachments: 1. Revised Draft Resolution 2. NBPD Memo, dated June 1, 2016 Community Development Department Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received Rothschild's Outdoor Dining Use Permit (PA2016-088) RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2016-023 TO ESTABLISH AN OUTDOOR DINING ASSOCIATED WITH AN EXISTING RESTAURANT (ROTHSCHILD'S) AT 2407 EAST COAST HIGHWAY (PA2016- 088) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Heidi Patricola, with respect to property located at 2407 East Coast Highway, and legally described as Tract 470 Lot 1 Blk B requesting to establish an outdoor dining area associated with an existing restaurant. 2. The applicant proposes to construct a 210 square foot outdoor dining area to be located along the front of the structure on East Coast Highway. A portion of the proposed area would be located within the public right-of-way. 3. The subject property is located within the Commercial Corridor Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial (CC-B). 5. On April 20, 2000, the Planning Commission approved an amendment to Use Permit No. 1851A to upgrade the existing alcoholic beverage license to a Type 47 to allow for the sale of general alcoholic beverages for on-site consumption. Conditions of approval were established to minimize potential impacts from the restaurant operations to the neighborhood. Use Permit No. 1851A and related conditions of approval shall remain in effect. 6. A public hearing was held on June 9, 2016 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing 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 public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received R(thwutiildsgDartdtiwi0irfRWOJuticWeeNnitf 016-088) Page 2 of 7 Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 2407 East Coast Highway. SECTION 3. REQUIRED FINDINGS. The outdoor dining area is a change to the operational characteristics of the restaurant, therefore, a conditional use permit is required. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The subject property is designated by the General Plan as Corridor Commercial (CC). The proposed project is consistent with the CC land use category, which is intended to provide for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Finding: B. 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: 1. The subject property is located in the Commercial Corridor Zoning district. Eating and drinking establishments are permitted within this district subject to the approval of a use permit. 2. The outdoor dining area is proposed to be approximately 210 square feet in size which does not require additional parking per Chapter 20.40.040 (Off-Street Parking Spaces Required) of the Municipal Code. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. The proposed eating area is located along East Coast Highway, an active commercial with high pedestrian use. Outdoor dining areas are encouraged in that 07-22-2014 Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received R(thwutiildsgOarldtiwi0irfRWbJuticWeNnitt 016-088) Page 3 of 7 they create a pedestrian-oriented environment and contribute to the vibrancy of the area. 2. The subject dining area is limited to 210 square feet and extends 11-feet from the building edge. The sidewalk would be maintained at seven-feet which is adequate to accommodate pedestrian passage. 3. The restaurant hours are from 10:00 a.m. to 12:00 a.m. A condition of approval has been included limited the outdoor dining area from 10:00 a.m. to 10:00 p.m. 4. The internal operations of the restaurant would not be modified and would continue to be conditioned by Use Permit No. 1851A. Finding: D. 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: 1. Establishment of the outdoor dining area will have no effect on the ability for public and emergency vehicle access and public services and utilities, as the improvements are limited to a 210 square foot eating area and do not encroach into the roadway. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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. Facts in Support of Finding: 1. The project includes conditions of approval to ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible. The outdoor dining area is located along East Coast Highway, a highly traveled commercial corridor. Residential uses located along Begonia Avenue are separated from the outdoor dining area by the existing restaurant. Therefore, potential noise generated by the seating area will be blocked by the structure and likely will not exceed ambient noise levels created by the roadway. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 07-22-2014 Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received R�thutiil 6-088) Page Page4of7 1. The Planning Commission of the City of Newport Beach hereby recommends the r +„ Sednsil approves Use Permit UP2016-023, 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 14 days following the date this Resolution was adopted 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 9th DAY OF JUNE, 2016. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 07-22-2014 Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received R(Rfw iildsgDartdtiwi0irfRWOJuticWeeNnit 016-088) Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1 . The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2016-023 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Use Permit may be modified or revoked by the Planning Commission 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. 6. Any change in operational characteristics, 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. 7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. 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. 9. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 10. No exterior amplified music, sound system, outside paging system shall be utilized in conjunction with the outdoor dining area. 07-22-2014 Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received R(thwutiildsgDartdtiwi0irfRWOJuticWeeNnitt 016-088) Page 6 of 7 11. 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. 12. 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. 13. 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 the Rothschild's Outdoor Dining Use Permit including, but not limited to, the Use Permit UP2016-023. 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. 14. The hours of the outdoor dining area shall be from 10 a.m. to 10 p.m., daily. Police Department 15. Prior to occupying the outdoor dining area, the applicant shall obtain an Operator's License from the Newport Beach Police Department. A security plan detailing the restaurant's standard operating procedures for addressing security issues will be required prior to issuance of the Operator's License. 4-5-.16. The quarterly gross sale of alcoholic beverages shall not exceed the gross sales of the 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 freguently than on a quarterly basis and shall be made available to the Police department on demand. Building Division 445-.17. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with Chapter 11 B California Building Code. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 07-22-2014 Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received R�thutiil 6-088) Page Page 7 of 7 47:18. The construction plans must meet all applicable State Disabilities Access requirements. Wheelchair accessible path of travel to the area to the outdoor dining, including the terraced area, is required. Delineate a wheelchair accessible seat in the outdoor dining area. The gate accessing the outdoor dining area shall swing out or be locked. 4-8-19. The quantity of plumbing fixtures in restroom must be justified for the increase in customer capacity, as determined by the Building Division. Public Works 49.20. The applicant shall obtain an Annual Sidewalk Cafe License 8utside Dining Encroachment Permit from the Public Works Department and pay all applicable fees for the proposed outdoor dining area. 2&21. Prior to issuance of building or encroachment permits, the applicant shall obtain City Council authorization to waive City Council Policy L-21 as it pertains to specific component of the outdoor dining area. 07-22-2014 Planning Commission - June 9, 2016; Item No. 4a Additional Materials Received Rothschild's Outdoor Dining Use Permit (PA2016-088); NEWPORT BEACH POLICE DEPARTMENT T6 DETECTIVE DIVISION 43 MEMORANDUM TO: Brenda Wisneski, Deputy Community Development Director FROM: Wendy Joe, Police Civilian Investigator DATE: June 1, 2016 SUBJECT: Rothschild's Outdoor Dining 2407 East Coast Highway Use Permit No. UP2016-023 (PA2016-088) Operator License No. OL2016-006 At your request, the Police Department has reviewed the project application for Rothschild's located at 2407 East Coast Highway, Corona del Mar. Per the project description, the applicant is applying for an amendment to allow a 210-square foot outdoor dining area with a raised terrace along Coast Highway. Therestaurant's hours are 10:00 a.m. to 12:00 p.m. midnight daily. The applicant is requesting the outdoor patio be open from 11:00 a.m. to 12:00 p.m. midnight daily. Should the conditional use permit be amended, an Operator License will be required per the municipal code. The applicant maintains a Type 47 (On-Sale General - Eating Place) Alcohol Beverage Control license in good standing.. Statistical Crime Data Attached is a report compiled by Newport Beach Police Department Crime Analyst Caroline Staub, which provides detailed statistical Information related to calls for service in and around the applicant's current place of business at 2407 East Coast Highway. The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 44 which encompasses the Village of Corona Del Mar. Of the City's 38 Reporting Districts, RD 44 ranks a for reported crimes with a total number of 298 reported crimes: This location meets the legal criteria for undue concentration. • In 2015, RD 44 had a total of 298 reported crimes, 83% over the city-wide average • In 2015, officers made 166 arrests in RD 44 • In 2015, 37% of arrests in RD 44 are directly related to alcohol Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received Rothschild's Rothschild's Outdoor Dining Use Permit (PA2016-088) UP2016-023 Over-Saturation The applicant premise is located within census tract 0627.01. This census tract is extends from East Coast Highway to the Pacific Ocean, and from Jamboree to Goldenrod Avenue, roughly half of the Corona del Mar Village. It has an approximate population of 2,817 with 18 active ABC licenses. That is a per capita ratio of 1 license for every 157 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's per capita ratio of 1 license for every 505 residents. This location meets the legal criteria for undue concentration. When comparing the entire Village (RD 44), we find undue concentration still exists. • RD 44 has 33 on-sale and 8 off-sale active retail ABC licenses • RD 44 is over saturated with a total per capita ratio of 1 license for every 132 residents Comments and Recommendations The attached statistics sheet provided indicates 9 police calls for service were made to the applicant address in 2015. After reviewing each call, it is important to note that no calls were a result of over-service of alcohol or neglect in responsibility by the applicant. Should the conditional use permit be amended, an Operator License will be required per the municipal code. A security plan will be required as an addendum to the License. As part of the security plan, the Police Department will request the applicant install security cameras with a one-month recording retention, to be made available to the Police Department upon request. The Police Department recommends City Staff and the Planning Commission evaluate the following recommendations: IQ • If this project is approved, the Police Department suggests no exterior amplified music or 1� loudspeaker of any kind be used on the patio. Given the proximity to homes in the neighborhood, we recommend the outdoor patio be closed by 10:00 p.m. daily. Proper signs indicating, "No Alcohol Beyond this Point" should be displayed, and a 42" barrier should be constructed around the patio perimeter. • The Police Department requests a condition be added that requires all employees serving alcoholic beverages complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Records of such training shall be maintained and made available to the police department upon request. • In Newport Beach, 70% of all Driving Under the Influence arrests occur between the late night hours of 10:00 p.m. and 5:00 a.m. The Police Department requests a condition be e� added prohibiting reduced alcoholic beverage prices after 9:00 p.m. Although Rothschild's does not currently advertise a late night happy hour, we highly recommend this condition be added given the use permit will run with the land. 2 Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received Rothschild's Rothschild's Outdoor Dining Use Permit (PA2016-088) UP2016-023 CONDITIONS OF APPROVAL The Conditional Use Permit for 2407 East Coast Hwy was last updated in 2000. The Police Department sees this as an opportunity to bring this use permit current with conditions commonly imposed by today's standards. All conditions related to alcohol should remain, with the addition of the following: 6� ,1 1. The approval is for the operation of Rothschild's, a food service, eating and drinking \4y establishment with late hours, outdoor dining, and on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On-Sale General) Alcoholic Beverage Control License in conjunction with the restaurant as the principal use of the facility. 2. The hours of operation for the outdoor dining patio shall be limited between 11:00 a.m. to 10:00 p.m. daily. 3. There shall be no dancing allowed on the premises. 4. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the Ok 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. 5. Petitioner shall not share any profits or pay any percentage or commission to a promoter OV 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. (D1i6. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 7. A Special Event Permit is required for any event or promotional activity outside the SU normal operational characteristics of this restaurant business that would attract large �y 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. 8. 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. 9. There shall be no exterior advertising or signs of any kind or type, including advertising Sl^' directed to the exterior from within, promoting or indicating the availability of alcoholic 3 Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received Rothschild's Rothschild's Outdoor Dining Use Permit (PA2016-088) UP2016-023 beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. •ASN Vr 10. Strict adherence to maximum occupancy limit is required. 11. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of lJ the Newport Beach Municipal Code. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949) 644-3705 or wjoe@nbpd.org. endy Police Civilian Investigator, Special Investigations V( V "" Brad Miller Sergeant, Special Investigations Jay Short Lieutenant, Detective Division David W. McGill Deputy Chief 4 Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received ' Permit (PA20J6 088); N h V 00 � t• o � o y c c pp, OdAIO.. - .e •� V 4 c N c CC {NI� a • in o -� a. a � <S mea N V O y V a bf a c n U �.• A a m W4 N e w Mrx LO C CL 0 b W Q U u r LhOt .tea o; V' rpt Q m b E M G '� 81 tCB ab, ti b ~ N m u 5 = c v .� M ry M f/1 C h O c •° U `C5 W Ca v o N C W y� • N u�i n ke .4 C U Y c 0 O U L b W d l7 p O 4l N S e[ t .. :o .•n � ro v� �. g -� v o v -o 0 i Planning Commission - June 9, 2016 Item No. 4a Additional Materials Received Rothschild's Outdoor Dining Use Permit (PA2016-088) S til h� o to A 11 Planning Commission - June 9, 2016 �WpItem No. 4b Additional Materials Received Rothschild's OutdddfUhfhg Use Permit (PA2016-088) COMMUNITY DEVRTMENT Newport Beach,California 92660 949 644-3200 C,I/FOfL newportbeachca.gov/communitydevelopment Memorandum To: Planning Commissioners From: Brenda Wisneski, Deputy Community Development Director Date: June 7, 2016 Re: PC Item # 2, 3 and 4 —Application Summary Hearing items 2, 3 and 4 are very similar in that they request approval of outdoor dining. The attached table summarizes each application to facilitate your review. Attachments: 1. Application Summary Community Development Department Planning Commission - June 9, 2016 Item No. 4b Additional Materials Received Rothschild's Outdoor Dining Use Permit (PA2016-088) Previous Approvals Existing Sq. Existing Hours Outdoor Dining Sidewalk Other Footage Width Avilla's UP2010-025 2,099 sq.ft. net public 10am to 12am 460 sq.ft. 6-to 8- Request to PA2016-080 Type 47 area Fri/Sat to 12:30 am Bronze iron fence feet Open gam Live Entertainment 42-inches in height Off-site Parking Parking Waiver 9am to 10 m, daily Bungalow UP1778 (Issued 1984) 1,596 sq.ft. net public 9am to 12am 266 sq.ft. 7-feet Six PA2016-083 Outdoor Dining Permit area weekends Black wrought iron additional (Issued 1996) 399 sq.ft. outdoor fence 42-inches in off-site Type 47 dining in rear Lunch and Spm to height parking Valet Service 12am weekdays Ilam to 10pm, daily spaces Off-site parking (9am on weekends or 2 in-lieu parking spaces Outdoor Dining — holidays) Mon to Thu 10pm Fri/Sat 11 pm Rothschild's UP1851A (Issued 2000) 839 sq.ft. of net 10am to 12:30am; 210 sq.ft. 7-feet PA2016-088 Type 47 public area daily Portion to be on raised Tandem On-site Parking terrace Valet Service Black wrought iron to match existing 10am to 10 m, daily Tmplt:-02/05/15 Planning Commission - June 9, 2016 Item No. 4c Additional Materials Received Rothschild's Outdoor Dining Use Permit (PA2016-088) Subject: FW: PA2016-080, PA2016-083, and PA2016-088 Attachments: Planning Commission 060916.pdf From: Edith Christensen [mailto:echristensenebestlife.com] Sent: Thursday, June 09, 2016 11:50 AM To: Kramer, Kory; Brown, Tim; Koetting, Peter; Hillgren, Bradley; Lawler, Ray; Weigand, Erik; Zak, Peter Cc: Wisneski, Brenda Subject: PA2016-080, PA2016-083, and PA2016-088 Please see attached letter regarding the above Notice of Public Hearing. Edith M. Christensen Assistant to Donald R. Lawrenz BEST►'!i Life' 8MuM&MdW*hC 17701 Mitchell North I Irvine, CA. 92614-6028 Phone: 949.222.2102 Fax: 949.724.1950 echristensenCa)bestlife.com I www.bestlife.com 9113 In G L•J7 3r;' 1 Planning Commission - June 9, 2016 Item No. 4c Additional Materials Received PENSION ADM INISTRATORS4414 MOutdoor Dining Use Permit (PA2016-088) June 9, 2016 The City of Newport Beach Community Development Department Members of the Planning Commission 100 Civic Center Drive Newport Beach, CA 92625 Re: PA2016-080, PA2016-083, and PA2016-088 Dear Planning Commissioners: I am the owner of the properties located at 2435 East Coast Highway and 705 Carnation Avenue in Corona Del Mar. The location and impact to these properties would certainly demand a response from me. I am in receipt of the above referenced Notice of Public Hearing and have a few points to bring to your attention. First, let me state that I am not opposed to outdoor dining at any of these restaurant locations. However, as a longtime owner of the properties in this location I am disturbed that, other than this notification that was mailed on May 28`h,there was no outreach to me or any other of the property owners that will be impacted. Second, I have concerns that the three amendments to the restaurants' Conditional Use Permits have been bundled together and don't believe this has been done in the past. Third, the "approval of off-site parking" is of great concern to me and my property. Like most coastal towns parking is at a premium. With the added customers there will be the need for added parking. The tenants of 2435 East Coast Highway park their cars and their occasional guest in the parking lot set up at 705 Carnation Avenue. Without a detailed plan for "off-site" parking this will severely impact the tenants use and quiet enjoyment of the property. What provisions will the Planning Commission make to protect access to parking for my tenants? Will they pay for a security system that would include electronic fobs for the tenants? Will they pay for a security guard to police the parking lot from the time the restaurants open for business to the time they close? At this time I am opposed to the amendments to the Conditional Use Permits in its' current form. I request that this be continued at a later date. Sincerely, �JjDonald R. Lawrer. 17701 Mitchell North • Irvine, CA 92614-6028 • 949.253.4080 ----we -- - I- ---I . 11 IIIIIN- - - 11'�' • 1pal u Dini :r 6 , 14-1 will i Planning Commission • : Use Permits Avila's EI Ranchito, Bungalow, Rothschild's ` June 9, zo16 , r Planning Commission - June 9, 2016 RPM Mn Ari Acirlitir)n�d NAPtPm:ilq PrPqPntPri qt ting 088) • , • uci ■ Use Permits to Allow Outdoor Dining y/ 1 4 t AM1 , 1d Rothschild's ;. Bungalow .� Avilla's EI Ranchito o 11 9r \V� a o6/og/20z6 Community Development Department - Planning Division 2 Planning Commission - June 9, 2016 ting 088) Background Sidewalk expansion, benches and landscaping Application Similarities : Existing Use Permits Seating area to front Coastal Highway Operator License Required from PD Encroachment Subject to Council Approval Use Permit "amendment" required Encroach Agreement to Council June 14 06/09/2os6 Community Development Department- Planning Division 3 Planning Commission - June 9, 2016 ting 088) Conditional Use Permit Neighborhood Compatibility Proximity to Residential Hours of Operation Parking No Additional Parking is <25% of interior net public area . Bungalow - 6 additional parking spaces required . No additional parking required forAvila's and Rothschild's o6/o9/20s6 Community Development Department- Planning Division 4 Planning Commission - June 9, 2016 ting 088) Avilla -'s El Ranchito UP2010.025 46o sq.ft. PA2o:i6-o8o Type47 Bronze iron fence z,ogg sq.ft. loam to izam 6-to 8- Request to Live Entertainment net public area Fri/Sat to zz:3o am 4z-inches in height Off-site Parking feet Open gam Parking Waiver gam to zopm,daily gam to 12am UP1778(Issued 1984) weekends 266 sq.ft. Outdoor Dining Permit Black wright iron fence Six ft 6 sq. . (Issued 1996) 1,59Lunch and Spm to 42-inches in height additional Type 47 net public area 12am weekdays 7-feet off-site Valet Service 399 sq.ft.outdoor llamtolopm,daily parking Off-site parking dining in rear Outdoor Dining—Mon (gam on weekends or spaces 2 in-lieu parking spaces to Thu lopm holidays) Fri/Sat 11pm 210 sq.ft. UP1851A(Issued 2000) Portion to be on raised Type 47 839 sq.ft. loam to 12:3oam; terrace 7-feet Tandem On-site Parking net public area daily Black wrought iron to Valet Service match existing loam to 1opm,daily o6/og/20z6 Community Development Department - Planning Division 5 Avilla -'s EI Ranchito it 8 61 o6/oq/2o16 Community Development Department - Planning Division 6 1 SS 1 I' �. Mh Avilla -'s EI Ranchisto 'I -1 Sol e FOR MEN!WOMEN' - -- - - - hill ... u�mu11auu1i1111111i Ililii IrrI11111111111iPlf��l j111'=m ���ll��iiliu��: Planning Commission - June 9, 2016 ting 088) r Bungalow o z a cqC/FORN�P UP2010-025 2,ogg sq.ft. loam to 12am 46o sq.ft. 6-to 8- Requestto Type 47 net public area Fri/Sat to 12:3o am Bronze iron fence feet Open gam Live Entertainment 42-inches in height Off-site Parking Parking Waiver gam to iopm,daily Sam to 12am Bungalow UP1778(Issued 1984) 1,596 sq.ft. weekends 266 sq.ft. 7-feet Six PA2o16-083 Outdoor Dining Permit net public area Black wright iron fence additional (Issued 1996) Lunch and 5Pm to 42-inches in height off-site Type 47 399 sq.ft.outdoor 12am weekdays parking Valet Service dining in rear 11am to 1opm,daily spaces Off-site parking Outdoor Dining— (gam on weekends or 2 in-lieu parking spaces Mon to Thu lopm holidays) Fri/Sat 11pm UP1851A(Issued a000) 839 sq.ft. loam to 12:3oam; 210 sq.ft. 7-feet Type 47 net public area daily Portion to be on raised Tandem On-site Parking terrace Valet Service Black wrought iron to match existing loam to 1opm,daily Lo6/09/20:L6 Community Development Department - Planning Division 8 Planning Commission - June 9, 2016 ting 088) Bungalow a cqC/FOQr'... I^ may) � I tY I'! L 06/09/2016 Community Development Department - Planning Division 9 i 1 • THE aLi Planning Commission - June 9, 2016 ting 088) Bungalow Offmsite zioi E. Coast Hwy m + + =, fes^ 35 leased spaces g 4� Pio k � .w. `ted ���'�� � f +`► m y A �• 4 40, Existing Demand 32 spaces 8on-site spaces AA Outdoor Dining + 6 Spaces 38 Spaces Required 52 Spaces Provided '' `' ► � � z in-lieu spaces �Itl , P x f 06/09/2016 comm ® i1 Planning Commission - June 9, 2016 ting 088) r Rothschild 's a s a cqC/FORN�P UP2010-025 2,099 sq.ft. loam to 12am 46o sq.ft. 6-to 8- Request to Type 47 net public area Fri/Sat to 12:3o am Bronze iron fence feet Open gam Live Entertainment 42-inches in height Off-site Parking Parking Waiver gamto iopm,daily gam to 12am UP1778(Issued 1984) 1,596 sq.ft. weekends 266 sq.ft. 7-feet Six Outdoor Dining Permit net public area Black wright iron fence additional (Issued 1996) Lunch and 5Pm to 42-inches in height off-site Type 47 399 sq.ft.outdoor 12am weekdays parking Valet Service dining in rear 11am to 1opm,daily spaces Off-site parking Outdoor Dining— (gam on weekends or z in-lieu parking spaces Mon to Thu lopm holidays) Fri/Sat 11pm Rothschil UP1851A(Issued 2000) 839 sq.ft.of net public loam to 12:30am; 210 sq.ft. 7-feet PA2o16-o88 Type 47 area daily Portion to be on raised Tandem On-site Parking terrace Valet Service Black wrought iron to match existing loam to 1opm,daily o6/o9/20i6 Community Development Department - Planning Division 12 Planning Commission - June • 2016 . . Rothsch � ld 's KA Ado _ ROTHSCHII i. L •mmunity Development ■- p. • 1 Planning Commission - June 9, 2016 ting 088) ��EwP�a r � Recommendation 0 S a CgC,FORN�P UP2010-025 46o sq.ft. PA2o:i6-o8o Type47 Bronze iron fence Live Entertainment z,ogg sq.ft. loam to lzam 42-inches in height 6-to 8- Requestto Off-site Parking net public area Fri/Sat to 12:3o am feet Open garrr Parking Waiver gam to iopm,daily gam to 12am BungalowUP1778(Issued 1984) weekends 266 sq.ft. Outdoor Dining Permit Black wright iron fence Six (Issued 1996) 1,596 sq.ft. Lunch and 5Pm to 42-inches in height additional Type net public area 12am weekdays Y47 399 sq.ft.outdoor y 7-feet off-site Valet Service 11am to 1opm,daily parking Off-site parking dining in rear Outdoor Dining— (gam on weekends or spaces z in-lieu parking spaces Mon to Thu lopm holidays) Fri/Sat 11pm 210 sq.ft. UP1851A(Issued 2000) Portion to be on raised .:: Type 47 839 sq.ft. loam to 12:3oam; terrace Tandem On-site Parking net public area daily Black wrought iron to 7-feet Valet Service match existing loam to 1opm,daily o6/og/20z6 Community Development Department - Planning Division 14 Planning Commission - June 9, 2016 ting 088) Recommendation 'n .C'4t/F00.N�P . Adopt Resolution approving Use Permit UP2016 -o1g (Avila 's Outdoor Dining ) Adopt Resolution approving Use Permit UP2o16 - 020 ( Bungalow's Outdoor Dining & Off- site Parking ) ■ Adopt Resolution approving Use Permit UP2016 -023 ( Rothschild 's Outdoor Dining ) o6/og/20i6 Community Development Department - Planning Division 15 � • • • - • � • � � : : • �+ � � �r � � . � __ :. r ti', F a _ ti t ti ��� 4 � y . •