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HomeMy WebLinkAbout4.0_Tommy Bahamas_PA2018-156 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 19, 2018 Agenda Item No. 4 SUBJECT: Tommy Bahama Conditional Use Permit (PA2018-156) SITE LOCATION:854 Avocado Avenue ƒ Amendment No. 2 to Use Permit No. 3623 (UP2018-007) APPLICANT: Tommy Bahama OWNER: Irvine Company Retail Properties PLANNER:Gregg Ramirez, Principal Planner 949-644-3219, gramirez@newportbeachca.gov PROJECT SUMMARY The applicant requests approval of a second amendment to Use Permit No. 3623 for interior and exterior alterations to the existing eating and drinking establishment. Interior alterations include reconfiguring the interior dining room and bar area, adding a small to-go counter, moving the restrooms and the private dining area. Exterior alterations include removing the existing front patio, enlarging the rear patio, providing a trellis and awning covers over the rear patio, and exterior building façade improvements. Alterations are also proposed for the retail portion of the business; however, those improvements are permitted by right and not subject to discretionary review. No increase to the gross floor area or net public area is proposed and the parking requirement does not change. There are no proposed changes to the allowed hours of operation, which are from 11:00 a.m. to midnight, daily, for the interior, and 11:00 a.m. to 11:00 p.m., daily, for the patio. The request also includes the continuation/retention of the existing Type 47 (On Sale General - Eating Place) Alcoholic Beverage Control (ABC) license and the allowance of live entertainment. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2018-022 approving a second amendment to Use Permit No.3623 and re-numbering UP2018-007 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Tommy Bahama Planning Commission, July 19, 2018 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial (CG) Newport Village Planned Community (PC-27) Corona del Mar Plaza, a retail commercial shopping center NORTH PF (Public Facilities)PC-27 Newport Beach Central Library SOUTH Corridor Commercial (CC) Retail & Service Commercial (RSC)Retail, Restaurant and Office EAST Single-Unit Residential Detached (RS-D) Point Del Mar Planned Community (PC-34)Single-Unit Residential 3 INTENTIONALLY BLANK PAGE4 Tommy Bahama Planning Commission, July 19, 2018 Page 3 INTRODUCTION Project Setting The project is in the Corona del Mar Plaza shopping center located at the northeast corner of East Coast Highway and MacArthur Boulevard. The shopping center is developed with a mix of retail, service and restaurant uses. The main anchor tenant is Bristol Farms and full service restaurants include Tommy Bahama and Gulfstream. Access to the shopping center is from Avocado Avenue and MacArthur Boulevard. The shared parking lot is developed with 516 parking spaces. The subject eating and drinking establishment and affiliated Tommy Bahama retail store are located in a 10,126-square-foot, single-story building at the southerly end of the shopping center, adjacent to East Coast Highway. The existing restaurant occupies 5,769 square feet of the building and consists of an indoor dining area, two outdoor patios, full- service bar, restrooms, kitchen, storage, and service areas. The retail store occupies the remainder of the building. Although the allowed hours of operation are 11:00 a.m. to midnight, daily, for the interior of the restaurant, and 11:00 a.m. to 11:00 p.m., daily, for the outdoor patio, the restaurant currently closes at 10:00 p.m. Monday to Saturday, and 9:00 p.m. on Sundays. Background On April 9, 1998, the Planning Commission approved Use Permit No. 3623, which allowed construction of a full-service, low turnover eating and drinking establishment with a bar, indoor and outdoor dining areas, restrooms, kitchen, and storage areas. The approval allowed the Type 47 ABC license, live entertainment, accessory outdoor dining, and a waiver of the restaurant development standards pertaining to site requirements, walls, and landscaping. The waiver was granted because these items were previously addressed by the more restrictive development standards specified by the Newport Village Planned Community District, and by Site Plan Review No. 74, which were approved by City Council in November 1995 for the initial development of Corona del Mar Plaza. On April 3, 2008, the Planning Commission conducted a public hearing for an amendment to Use Permit No. 3623 that would allow the addition of a 461-square-foot patio in front of the restaurant, adjacent to the parking lot. Some members of the Commission expressed concern about the impact the additional outdoor dining area could have if additional parking was not provided. At the conclusion of the public hearing the Planning Commission a motion to approve the amendment failed by a vote of 3-4; therefore, the request was denied. The applicant subsequently appealed the Planning Commission decision to the City Council who held a public hearing on May 13, 2008, and overturned the Planning 5 Tommy Bahama Planning Commission, July 19, 2018 Page 4 Commission denial. The City Council found that the since the project does not exceed the allowable square footage and the shopping center provides the Code-required parking, the project could be supported. Additionally, the Council also determined that the project could be approved because the applicant had reduced that number of seats and a condition of approval was included in the approval limiting the total seat count to 283. The City Council resolution and minutes from their May 13, 2008, meeting and approved plans are included as Attachment PC 3. Project Description The applicant requests approval of a second amendment to Use Permit 3623 for interior and exterior alterations. Interior alterations include reconfiguring the interior dining room and bar area, adding a small to-go counter and moving the restrooms and the private dining area. Exterior alterations include removing the existing front patio, enlarging the rear pation, providing a trellis and awning covers over the enlarged rear patio, and exterior building façade improvements. Condition 5 of the Use Permit 3623 (amended) requires the seating arrangement to match the floor plan as approved and not to exceed 283 seats. The proposed seating plan includes 250 seats in a different configuration to that shown on the approved plans. Therefore, an amendment to the use permit is required to reflect the change in seating arrangement. Condition 34 allows the Planning Commission to modify or revoke the Use Permit. Existing Condition 5 The seating arrangement for the restaurant shall be as shown on the plans stamped with the date of this approval. In no case shall the total number of seats in the interior and exterior dining areas of the restaurant exceed 283 seats. Table 1 –Seat Count Existing Proposed Dining Room 178 125 Bar Counter 15 49 Patio 90 76 Total 283 250 The project also includes the addition of small bistro counter that is intended to sell coffee, pastries, and small to-go food and beverage items. No increase to the gross floor area or net public area is proposed and the parking requirement does not change. 6 Tommy Bahama Planning Commission, July 19, 2018 Page 5 Table 1 –Project Features Existing Use Permit Proposed Use Permit Alcohol License:Type 47 (On Sale General- Eating Place) Full Liquor No Change Allowed Number of Seats:283 283 (250 Proposed) Allowed Hours of Operation: Interior Dining Room 11 a.m. - Midnight No Change Allowed Hours of Operation: Patio 11 a.m. –11 p.m.No Change Live Entertainment Allowed Allowed, No Change Dancing Not Allowed Not Allowed, No Change Operator License Required No Yes DISCUSSION Consistency with General Plan The General Plan designates the site as General Commercial (CG), which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The proposed establishment is a commercial use intended to serve nearby residents, the surrounding community, and visitors to the City. Therefore, the use is consistent with this land use category. The development limit for the shopping center is 105,000 square feet which is currently comprised of 104,999 square feet. The proposed project does not increase the floor area, and therefore, the center will remain below the allowed maximum consistent with the General Plan. The site is not located in the Coastal Zone. Consistency with the Zoning Code The property is located in Area 5 (Retail) of the Newport Village Planned Community District (PC27). This designation is intended to be developed as a specialty retail commercial center and permits a broad range of commercial uses including retail uses, restaurants, and service uses. The development limit for the center is 105,000 square feet and is currently comprised of 104,999 square feet. The proposed project does not increase the floor area, and therefore, the center will remain below the allowed maximum. Eating and drinking establishments with alcoholic beverage service and late hours (after 11:00 p.m.) are allowed subject to the approval of conditional use permit. Off-Street Parking The off-street parking requirements in the Newport Village Planned Community District Regulations establish a minimum of 4.9 off-street parking spaces for every 1,000 square feet of gross floor area for all uses. 7 Tommy Bahama Planning Commission, July 19, 2018 Page 6 The total gross floor area permitted for Corona del Mar Plaza is 105,000 square feet and the existing retail commercial center consists of 104,999 square feet. The parking requirement for the shopping center is established by the Newport Village Planned Community (PC27) and is 4.9 spaces per 1,000 square feet (4.9/1000) or, 515 parking spaces. The shopping center currently provides 516 spaces. Since no increase to the floor area is proposed, the parking requirement does not change. Late Hours of Operation Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the Newport Beach Municipal Code, the Planning Commission must consider the following potential impacts upon adjacent or nearby uses when reviewing an application to allow late-hour operations: 1. Noise from music, dancing, and voices associated with allowed outdoor uses and activities; 2. High levels of lighting and illumination; 3. Increased pedestrian and vehicular traffic activity during late and early morning hours; 4. Increased trash and recycling collection activities; 5. Occupancy loads of the use; and 6. Any other factors that may affect adjacent or nearby uses. The project site is located in a shopping center and separated from residential uses by MacArthur Boulevard and East Coast Highway. The existing establishment is allowed to operate till midnight although they presently close at or before 11 p.m. due to a lack of demand. The draft resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. Specifically, the outdoor patio is required to close by 11:00 p.m. and live entertainment is allowed on the interior only. To date, staff is not aware of any complaints regarding live entertainment or late night activities. Approval will also require the operator to obtain an Operator License pursuant to Chapter 5.25 of the NBMC because the request includes late hours (after 11:00 p.m.) and live entertainment in conjunction with alcohol service. The Operator License will provide enhanced tools (including the requirement for a security plan), to control noise, loitering, litter, disorderly conduct, parking/circulation and other potential disturbances that could result from the use, and will provide the Police Department with means to modify, suspend, or revoke the operator’s ability to maintain late-hour operations. Alcohol Sales Finding In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the Planning Commission must find that: 8 Tommy Bahama Planning Commission, July 19, 2018 Page 7 1. The use is consistent with the purpose and intent of Subsection 20.48.030 (Alcohol Sales) of the Municipal Code. The project has been reviewed Department staff and the Police Department and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code, which is to preserve a healthy environment for residents and businesses and prevent alcohol-related problems. The subject property is located in an established shopping center developed with retail, service and restaurant uses. The operational characteristics, including the requirement that the patio closed at 11:00 pm., and the conditions of approval related to live entertainment, will help continue to maintain compatibility with uses. Although the area is located in an over-concentrated area for alcohol licenses (Reporting District 39) the location is currently allowed a Type 47 (On Sale General -Eating Place), and there will be no increase in the total number of ABC licenses. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The Police Department memorandum and statistics are included as Attachment No. PC 4. Conditional Use Permit Findings Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a CUP: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist in support of each finding. The operation is defined as an eating and drinking establishment (Food Service, Late Hours) and is consistent with the purpose and intent of CG (General Commercial) General Plan land use designation 9 Tommy Bahama Planning Commission, July 19, 2018 Page 8 which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The establishment is also consistent with the retail land use designation of the Newport Village PC Zoning District which is intended to be developed as a specialty retail commercial center that allows a broad range of commercial uses including retail, restaurants, and service uses. The existing restaurant has been operating at the existing location for many years without significant incident. The building renovations will result in an updated and modernized interior and exterior that limits seating to the same number as required by the current approval. The establishment is located in and existing shopping cater that provides customer and emergency access as well as all necessary utilities. The restaurant is separated from residential development by East Coast Highway and MacArthur Boulevard and there is no indication that it has proved detrimental to residents and visitors to the City. Therefore, staff believes that the proposed changes to seating configurations and other operational characteristics are appropriate for this location. Conditions of Approval Applicable conditions of approval, including Police Department conditions, from the existing use permit have been carried forward and some have been modified to reflect current standard language. All conditions regarding live entertainment (Nos. 18-22) are included. Additionally, Condition 5 (re-numbered as Condition 14), regarding seating, has been modified to allow the Community Development Director the potential to approve future seating changes without amending the CUP. Condition 34 addressing modifying or revoking the use permit has been updated and renumbered as Condition 5. Revised Seating Condition –No 14 The seating arrangement for the restaurant shall be in substantial conformance with the arrangement as shown on the plans stamped with the date of this approval as determined by the Community Development Director. In no case shall the total number of seats in the interior and exterior dining areas of the restaurant exceed 283 seats. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item may be required to be continued to a future meeting. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 5). 10 Tommy Bahama Planning Commission, July 19, 2018 Page 9 Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project includes interior and exterior alterations to the existing eating and drinking establishment and retail store. No increase of gross floor area, net public area, or outdoor patio area would occur with this approval. 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 by:Submitted by: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Applicant’s Project Description PC 3 City Council Approval Resolution, Plans and Minutes PC 4 Police Department Memorandum PC 5 Draft Resolution for Denial PC 6 Project Plans 11 INTENTIONALLY BLANK PAGE12 Attachment No. PC 1 Draft Resolution with Findings and Conditions 13 INTENTIONALLY BLANK PAGE14 RESOLUTION NO. PC2018-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2018-007,WHICH AMENDS AND SUPERSEDES EXISTING USE PERMIT NO. 3623 FOR AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS, A TYPE 47 (ON SALE GENERAL –EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND LIVE ENTERTAINMENT LOCATED AT 854 AVOCADO AVENUE (PA2018-156) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Tommy Bahama (“Applicant”) with respect to property located at 854 Avocado Avenue, and legally described as Parcel 1 of Parcel Map No. 90-361, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 270, pages 15 through 18 of Parcel Maps, records of Orange County, California, requesting approval of an amendment to Use Permit No. 3623. 2. The Applicant requests approval of an amendment to a conditional use permit to allow interior and exterior alterations to the existing eating and drinking establishment. Interior alterations include reconfiguring the seating arrangement of the interior dining room and bar area and moving the restrooms and entry area. Exterior alterations include removing the existing front patio, enlarging and providing a trellis patio cover over the rear patio, and exterior façade improvements. Condition No. 5 of the Use Permit No. 3623 requires the seating arrangement to match the floor plan as approved. The proposed seating plan includes 250 seats where 283 are allowed by the existing approval. No increase to the gross floor area or net public area is proposed and the parking requirement does not change. No changes are proposed to the existing hours of operation, which are 11:00 a.m. to midnight, daily, for the interior of the restaurant, and 11:00 a.m. to 11:00 p.m., daily, for the outdoor patio. The request includes the retention of the existing Type 47 (On Sale General - Eating Place) Alcoholic Beverage Control (ABC) license and the allowance of live entertainment. 3. Use Permit No. 3623 allowing the existing eating and drinking establishment with a Type 47 ABC license and live entertainment was originally approved by the Planning Commission on April 9, 1998. 4. An amendment to Use Permit No. 3623 was approved by the City Council on May 13, 2008, that allowed the addition of a 461 square foot outdoor patio to the existing eating and drinking establishment and limited the allowed number of seats to 283. 15 Planning Commission Resolution No. PC2018-022 Page 2 of 15 5. The subject Property is located within the Newport Village Planned Community (PC-27) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 6. The subject Property is not located within the coastal zone. 7. A public hearing was held on July 19, 2018, in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (“NBMC”). 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. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project includes interior and exterior alterations to the existing eating and drinking establishment and retail store. No increase of gross floor area, net public area, outdoor patio area, or hours of operation would occur with the approval of the requested second amendment to Use Permit No. 3623. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales –Required Findings), the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: In finding that the proposed use is consistent with NBMC Section 20.48.030, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The subject property is located in Reporting District 39 (RD 39). In 2017 there were 51 arrests for Part One Crimes (Part One Crimes are the eight most serious crimes 16 Planning Commission Resolution No. PC2018-022 Page 3 of 15 defined by the FBI Uniform Crime Report –homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson), which is higher than adjacent reporting districts and the Citywide average. Due to the high concentration of commercial land uses in Newport Center and Fashion Island, the crime rate and the shoplifting (burglary/thievery) rate is greater than adjacent residential Reporting Districts; however, the Newport Beach Police Department (“NBPD”) does not consider the number significant given the type of development within this RD. 2. The NBPD has reviewed the proposal, provided operating conditions of approval, and has no objection to the proposed tenant improvements and changes to the seating arrangement subject to appropriate conditions of approval. Additionally, because an amendment to the use permit is requested the applicant /operator will be required to obtain an Operator License because the midnight closing hour is after 11:00 p.m. The Operator License provides an additional tool for the NBPD to control the use, especially should objectionable activities occur at the site. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses in RD 39, the calls for service and number of arrests are greater than adjacent residential Reporting Districts. In 2017, alcohol related arrests made up 18% of the all arrests (70 of 389) in RD 39. The NBPD does not consider the rate high because of the concentration of restaurants and commercial uses within Fashion Island and the surrounding Newport Center area. The NBPD reported location was the subject of 24 dispatch events in 2017. The NPD determined that no calls were a result of over-service of alcohol or neglect in responsibility by the applicant. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The establishment is located in the Corona del Mar Plaza shopping center, which includes a mix of retail, service and restaurant uses. The nearest residential zoning district is located approximately 300 feet southeasterly of the site across East Coast Highway. Another residential neighborhood, Pointe del Mar, is located approximately 450 feet away across MacArthur Boulevard. 2. The nearest park and recreational facilities, the Civic Green at City Hall and the Civic Center Park, are located approximately 1200 feet to the northwest, and the Central Library is located approximately 800 feet to the northwest. The nearest place of worship, Community Church Congregational, is located approximately 1,700 feet to the south on Heliotrope Avenue. The nearest school, Harbor View Elementary, is located off Goldenrod Avenue approximately 1,500 feet to the southeast. There are no day care centers near the establishment; however, there are several private tutoring centers located in Corona del Mar off East Coast Highway. 17 Planning Commission Resolution No. PC2018-022 Page 4 of 15 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. There are currently 67 ABC licenses held by 41 establishments in the subject census tract that includes Newport Center and Fashion Island. Other establishment in Corona del Plaza holding ABC licenses are Bristol Farms and Gulfstream. Multiple restaurants within Fashion Island also hold a variety of on- and off-sale licenses which is typical for a regional mall. Additionally, several establishments located across East Coast Highway hold on- and-off sale ABC licenses including Korker Liquor, Ruby’s Diner, Rothschild’s, The Bungalow,and Avila’s El Ranchito. 2. The per capita ratio of one license for every 13 residents is higher than the adjacent districts in the City and the average ratio for Orange County. This is due to the higher concentration of commercial land uses relative to the low residential population in and around Newport Center and within Fashion Island. Although the area does have a high concentration of alcohol licenses, the proposed change to the allowed seating arrangement will not increase the number of alcohol licenses as Tommy Bahama holds a valid Type 47 ABC license. 3. The existing restaurant has operated here since 1999 in proximity to these other establishments that sell alcohol without contributing to alcohol-related nuisances. The proposed floor plan alterations and operational characteristic are not expected to significantly alter the use to suggest there would be increased alcohol-related nuisances or land use conflicts. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. Tommy Bahama opened in 1999. According to the NBPD and Code Enforcement, there is not a pattern of objectionable conditions or behavior occurring at the site. 2. All employees serving alcohol are and will continue to be required to be at least 21 years of age and undergo, and successfully complete, Responsible Beverage Service (RBS) training. 3. Approval of this application will require the operator to obtain an Operator License pursuant to NBMC Chapter 5.25. The Operator License will provide enhanced tools to control noise, loitering, litter, disorderly conduct, parking/circulation and other potential disturbances that could result from the use, and will provide the NBPD with means to modify, suspend, or revoke the operator’s ability to maintain late-hour operations. In accordance with Subsection 20.52.020(F) (Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. 18 Planning Commission Resolution No. PC2018-022 Page 5 of 15 Facts in Support of Finding: 1. The property is designated as General Commercial (CG) by the Land Use Element of the General Plan, which is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. 2. The continued operation of the existing eating and drinking establishment with alcoholic beverage service and live entertainment is intended to serve nearby residents, the surrounding community, and visitors to the City. Therefore, the use is consistent with this land use category. 3. The existing establishment has proven complementary to the other retail, service and restaurant uses in the shopping center. 4. The subject property is not part of a specific plan area and the site is not located in the Coastal Zone. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The property is located in Area 5 (Retail) of the Newport Village Planned Community District (PC27). This designation is intended to be developed as a specialty retail commercial center and permits a broad range of commercial uses including retail uses, restaurants, and uses which are service in nature. Eating and drinking establishments will alcoholic beverage service and later hours (after 11:00 p.m.) are allowed subject to the approval of conditional use permit. 2. The existing establishment use was originally approved in April 1998 pursuant to Use Permit No. 3623. An amendment to that use permit that allowed the addition of the 461 square foot out outdoor dining patio adjacent to the parking lot was approved in May 2008. This approval included a 283-seat limit indented to ensure adequate parking for the shopping center remains available. The proposed amendment includes rearrangement of the seating, but complies with the 283-seat limit and does not intensify the use of the property. 3. The project site includes a 516-space surface parking lot. PC27 requires a minimum of 4.9 off-street parking spaces for every 1,000 square feet of gross floor area for Area 5 (Corona del Mar Plaza) for all uses, including the existing eating and drinking establishment. No intensification or floor area additions are proposed; therefore, no additional parking is required. 19 Planning Commission Resolution No. PC2018-022 Page 6 of 15 Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The proposed establishment within the shopping center is accessible by motorists, pedestrians, and bicyclists from Avocado Avenue and MacArthur Boulevard. 2. The eating and drinking establishment has been operating since 1999 and has proven compatible with the existing and allowed uses in the shopping center and area, which primarily consists of retail and service uses commercial uses. 3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The eating and drinking establishment shares an existing trash enclosure directly behind the building that is surrounded by three walls and a self-latching gate. The operator is also required to control trash and litter around the business. 4. The operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages, including an operator license, will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The project has been conditioned to ensure the welfare of the surrounding community. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The eating and drinking establishment is located within an existing shopping center occupied mix of retail and service uses. The site provides vehicle access and parking in addition to pedestrian sidewalks and crosswalks. 2. Adequate public and emergency vehicle access, public services, and utilities are provided to the shopping center and Tommy Bahama. All required utility and building upgrades will be reviewed prior to the issuance of building permits for the remodel and alterations. 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 20 Planning Commission Resolution No. PC2018-022 Page 7 of 15 Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the establishment during business hours, if directly related to the patrons of the establishment. 2. The eating and drinking establishment has been operating with a Type 47 ABC license since 1999. There is no indication that it has been detrimental to the community based upon the Newport Beach Police Department review of records and staff’s observation of the use and Corona del Mar Plaza since 1999. 3. The eating and drinking establishment will continue to provide dining with alcohol service, a public convenience to residents, employees, and visitors to the area. 4. The eating and drinking establishment is currently allowed to operate with late hours and live entertainment without the benefit of an operator’s license. The conditions of approval and requirement to obtain and operator’s license will provide a greater enforcement mechanism should the eating and drinking establishment become a nuisance or operation in manner detrimental to the surrounding residents and businesses. 5. The proposed alcohol service is provided as a public convenience to establishment patrons. The continued service of alcoholic beverages in addition to live entertainment will provide an economic opportunity to maintain a successful business at this location in a way that best serves the quality of life for the surrounding community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2018-007, subject to the conditions set forth in Exhibit “A”, which is attached hereto and incorporated by reference. This approval allows a food service, eating and drinking establishment with late hours and a Type 47 (On Sale General - Eating Place) Alcoholic Beverage Control (“ABC”) license with live entertainment located at 854 Avocado Avenue. 21 Planning Commission Resolution No. PC2018-022 Page 8 of 15 2. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This Resolution supersedes the approval of Use Permit 3623 (Amended - PA2008-029), which upon vesting of the rights authorized by this application (PA2018-156),shall become null and void. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JULY 2018. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Chairman BY:_________________________ Secretary 22 Planning Commission Resolution No. PC2018-022 Page 9 of 15 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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. Conditional Use Permit No. UP2018-007 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Newport Beach Municipal Code (“NBMC”)Section 20.54.060, 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. 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 Conditional Use Permit. 5. This Conditional Use Permit may be modified or revoked by the City Council or 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.All applicable previous conditions of approval of site Plan Review No. 74 and its accompanying applications shall be fulfilled and remain in force (dated December 29, 1995), except as noted below. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 8. Should the property or business be sold or otherwise come under different ownership, any future owners or either the current business owner, property owner or the leasing agent shall notify assignees of the conditions of this approval. 9. Prior to the issuance of a building permit, Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 23 Planning Commission Resolution No. PC2018-022 Page 10 of 15 11. Prior to issuance of a building permit, Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches (11”) by 17 inches (17”). The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12.The eating and drinking establishment is allowed a Type 47 (On Sale General –eating Place) ABC License. The sale of alcohol for off-site consumption is prohibited. 13.The area of the outdoor dining patio shall not exceed 1,461 square feet, as shown on the plans stamped with the date of this approval. 14.The seating arrangement for the restaurant shall be in substantial conformance with the arrangement as shown on the plans stamped with the date of this approval as determined by the Community Development Director. In no case shall the total number of seats in the interior and exterior dining areas of the restaurant exceed 283 seats. 15.The restaurant hours of operation for the interior dining area shall be limited to between 11:00 a.m. and 12:00 midnight, daily, and the outdoor dining patio area shall close at 11:00 p.m., daily. Any increase in the hours of operation shall be subject to the approval an amendment to this Conditional Use Permit. 16.Regular food service from the full lunch and dinner menu shall be made available at all times the facility is open. 17.No dancing shall be permitted in conjunction with the permitted use, unless an amendment to this conditional use permit is first obtained. 18.Live entertainment shall be limited to two performers, and may be amplified, but shall be confined to the interior of the building. Any increase in the number of performers beyond two persons shall require the approval of the Planning Commission. 19.All windows and doors on the southerly and parking lot sides of the building shall be permitted to remain open during the performance of the live entertainment, and windows and doors on the East Coast Highway and westerly sides of the building shall remain closed during the performance of the live entertainment. 20.All speakers located in the outdoor dining patio areas of the restaurant shall be limited to no more than the noise level criteria specified in NBMC Chapter 10.26. Should any music emanating from the outdoor dining patio area speakers or from interior live entertainment be heard at the nearside corner of the intersection of Sea Lane and Harbor View Drive, the speaker volume for the outdoor dining area speakers shall be reduced to eliminate any noise impacts. 24 Planning Commission Resolution No. PC2018-022 Page 11 of 15 21.The speakers located in outdoor dining patio areas shall not be utilized in conjunction with the sound system of the live entertainment or paging of patrons. The outdoor dining area speakers shall be utilized for ambient background music and shall be limited to pre-recorded music only. 22.Upon evidence that noise generated by the project exceeds the noise standards established by NBMC Chapter 10.26 (Community Noise Control), the Community Development Director may require that the applicant or successor retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the live entertainment and to develop a set of corrective measures necessary in order to insure compliance. 23. The operator of the eating and drinking establishment shall be responsible for the control of noise generated by the subject eating and drinking establishment including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. Pre- recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Between the hours of Between the hours of 7 a.m. and 10 p.m. 10 p.m. and 7 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 24. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with NBMC Chapter 10.26, Community Noise Control. 25.Roof coverings over the outdoor patio dining areas shall not have the effect of creating a permanent enclosure. 26. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 25 Planning Commission Resolution No. PC2018-022 Page 12 of 15 27. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from view of neighboring properties except when placed for pick-up by refuse collection agencies. Trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 28. 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, and debris from the premises and on all abutting sidewalks and parking areas within 20 feet (20’) of the Property premises. Graffiti shall be removed within 48 hours of written notice from the City. 29. Storage outside of the building in the front or at the rear of the Property shall be prohibited. 30. All proposed signs shall be in conformance with applicable provisions of NBMC Chapter 20.42 (Signs). 31. No temporary “sandwich” signs, balloons or similar temporary signs shall be permitted, either on-site or off-site, to advertise the proposed food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary signs shall be prohibited in the public right-of-way, unless otherwise approved by both the Public Works Department and Caltrans in conjunction with the issuance of an encroachment permit or encroachment agreement from each. 32. All lighting shall conform to the standards of NBMC Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If outdoor lighting is proposed, Applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 33. Deliveries and refuse collection for the eating and drinking establishment shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and federal holidays; unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 34. 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 Tommy Bahama CUP including, but not limited to, the Conditional Use Permit No. UP2018-007 (PA2018-156). 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 26 Planning Commission Resolution No. PC2018-022 Page 13 of 15 proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. 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. Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department 35. The approval is only for the establishment of a food service, eating and drinking establishment as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 36. Approval does not permit the premises to operate as a “bar, tavern, cocktail lounge or nightclub” as defined by the Newport Beach Municipal Code. 37. The operator of the establishment shall secure, maintain and abide by an Operator License pursuant to NBMC Chapter 5.25. 38. The Operator License required to be obtained pursuant to NBMC Chapter 5.25, may be subject to additional and/or more restrictive conditions such as a security plan to regulate and control potential late-hour nuisances associated with the operation of the establishment. 39. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the use permit. 40.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 within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 60 days of approval. 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. 41. Strict adherence to maximum occupancy limits is required. Permittee must be able to produce an occupancy count for the restaurant area upon request. 42. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 27 Planning Commission Resolution No. PC2018-022 Page 14 of 15 43. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 44. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 45.No “happy hour” type of reduced priced beverage promotion shall be allowed. 46. No off-sales of alcohol shall be permitted. 47.Service of alcoholic beverages on the patio shall be restricted to waiter/waitress service and only to patrons seated at a table. 48. 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. 49. Security personnel with guard cards must be present when live entertainment is being conducted. 50. The permittee must submit a security plan to the Police Department for approval. The Police Department shall be notified of any changes to the approved plan. 51. The permittee shall maintain a security recording system with a 30-day retention and make those recordings available to police upon request. 52.“VIP” passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 53. There shall be no on-site radio, televisions, video, film, or other electronic media broadcasts, including recordings to be broadcasted later, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City. Building Department 54. All exits shall remain free of obstructions and available for ingress and egress at all times. 55. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable 28 Planning Commission Resolution No. PC2018-022 Page 15 of 15 State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 56. A covered wash-out area for refuse containers and kitchen equipment shall be provided and maintained, and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited in the parking lot. 57. Strict adherence to maximum occupancy limits is required. 58. The project will comply with the provisions of NBMC Chapter 14.30 for commercial kitchen grease disposal. Fire Department 59.Portable propane heaters are not allowed on the outdoor patio dining areas. Any heating units shall be installed under permit in accordance with applicable the California Building Code (CBC) requirements. 29 INTENTIONALLY BLANK PAGE30 Attachment No. PC 2 Applicant’s Project Description 31 INTENTIONALLY BLANK PAGE32 23231 South Pointe Dr. Laguna Hills, CA 92653 www.adcollaborative.com July 9, 2018 PROJECT INFO: _______________________________________________________________________________ Project Address: 854 Avocado Ave Newport Beach, CA 92660 Project Title: Tommy Bahama ADC Project Number: 170062 Project Manager: Jonathon Weber To whom it may concern, The proposed project is for a tenant improvement for Tommy Bahama located at 854 Avocado Ave. The scope of work for the exterior includes removing the front patio facing the parking lot, adding a wood trellis over the main entry to match the existing, expanding the large patio on the west side, relocating the retail entry, adding a row of panda doors on the north restaurant side, lightening up the exterior paint colors, replacing existing panda doors on the east side, adding a large trellis over the upper portion of the large patio, adding sail awnings over the main portion of the large patio, lowering the patio site wall and replacing with a tempered glass railing. The proposed trellis is to match the existing will be added over the new signage in the middle of the south side on PCH and the south side windows facing PCH will be covered with louver shutters. The patio will have a new seating layout with an additional added seating. The existing seating for the patio is 90, we are proposing a layout with 76 seats. The interior scope of work includes new restaurant layout with new bar, restrooms, and private dining room, new flooring throughout, light paint throughout, new lighting throughout, new furniture layout (the number of seating has decreased), relocating the stock room, custom tile graphic, custom booth seating, and custom ceiling beams. The existing seating for the restaurant is 193, we are proposing a layout with 174 seats. The total of existing seating is 283, we are proposing 250 seats. The goal for Tommy Bahama at the Corona Del Mar Plaza is to revitalize and reactivate the site, bringing a light modern take on the classic California coastal ambiance. The restaurant portion focuses on an open-air concept. Bringing the outside in with the façade of folding Panda doors into the bar and the main dining room. The layout of the restaurant is to have the casual dining with the bar and the open banquette seating and to have a more intimate feel with the elevated booths in the back, all while yet still open to each other. The private dining will serve as always for the private functions. The entry of the restaurant will have a bistro/reception counter that will have the hostess as well as serve coffees, small bites, desserts and soft serve ice cream for the quick in and out customers. The focus for the patio was to open up with glass railing and to bring the lid of the patio to a more comfortable height with the new sail shade structure and wood trellis system. The goal for the retail side was to modernize the fixtures, finishes, and a more open layout. Thank you for your time and consideration. Please contact me if you have any questions concerning the information provided. I can be reached during typical business hours at 949.267.1660. Sincerely, Jonathon Weber Project Manager Architecture Design Collaborative 33 INTENTIONALLY BLANK PAGE34 Attachment No. PC 3 City Council Approval Resolution, Plans and Minutes 35 INTENTIONALLY BLANK PAGE36 37 38 39 40 41 42 43 44 45 INTENTIONALLY BLANK PAGE46 47 48 49 50 51 52 53 54 55 INTENTIONALLY BLANK PAGE56 uɌˮ̯͂ûȠ͂ƽȕ̧ʮûʺ˯͂RDYǷɁ͂ uɍ˰̰͂uʠĞʊǸɢH͂¶Ɏ÷̍˱D˞͂ ·Y̱͂©źĭ͂ţŞşQ͂ ǔ͂I¡‹ ͂ȂK-ɏ ͂!͂ 6͂ȯde“̨ɐ$͂Ābɽ͂Cb̞͂ē ż͂ ƃ! 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PartII Arrests DiffFrom Avg %Diff FromAvg Summary for Tommy Bahama's Island Grille at 854 Avocado Ave (RD39) PartICrimesarethe8mostseriouscrimesasdefinedbytheFBIUniformCrime ReportͲHomicide,Rape,Robbery,AggravatedAssault,Burglary,Larceny,Auto Theft,andArson.ThisreportreflectsCityofNewportBeachdatafor2017. PerBP23958.4,crimecountisthesum ofPartICrimeplusPartIIArrests. RDAverage=59 RDAverage=6RDAverage=89 RDAverage=74 RDAverage=134 DiffFrom Avg %Diff FromAvg Crime Count DiffFrom Avg %Diff FromAvg PartII Crime DiffFrom Avg %Diff FromAvg 1 41 Subject: PartI Crime DiffFrom Avg %Diff FromAvg PartI Arrests 85,186 3,010,232 ABCInfo 7 389 5,561 Population N/A 857 2,800 5,917 6,958 Licensed Establishments 14 15 Newport Beach Police Department 2017 Crime and alcohol-related statisticsCHIEFJONT.LEWIS 65 INTENTIONALLY BLANK PAGE66 Attachment No. PC 5 Draft Resolution for Denial 67 INTENTIONALLY BLANK PAGE68 RESOLUTION NO. PC2018-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. UP2018-007,FOR AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS, A TYPE 47 (ON SALE GENERAL –EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE AND LIVE ENTERTAINMENT LOCATED AT 854 AVOCADO AVENUE (PA2018-156) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Tommy Bahama (“Applicant”) with respect to property located at 854 Avocado Avenue, and legally described as Parcel 1 of Parcel Map No. 90-361, in the City of Newport Beach, County of Orange, State of California, as shown on a map filed in Book 270, pages 15 through 18 of Parcel Maps, records of Orange County, California, requesting approval of an amendment to Use Permit No. 3623. 2. The Applicant requests approval of an amendment to a conditional use permit to allow interior and exterior alterations to the existing eating and drinking establishment. Interior alterations include reconfiguring the seating arrangement of the interior dining room and bar area and moving the restrooms and entry area. Exterior alterations include removing the existing front patio, enlarging and providing a trellis patio cover over the rear patio, and exterior façade improvements. Condition No. 5 of the Use Permit No. 3623 requires the seating arrangement to match the floor plan as approved. The proposed seating plan includes 250 seats where 283 are allowed by the existing approval. No increase to the gross floor area or net public area is proposed and the parking requirement does not change. No changes to the existing hours of operation, which are 11:00 a.m. to midnight, daily for the interior of the restaurant and 11:00 a.m. to 11:00 p.m., daily for the outdoor patio, are proposed. The request includes the retention of the existing Type 47 (On Sale General - Eating Place) Alcoholic Beverage Control (ABC) license and the allowance of live entertainment. 3. Use Permit No. 3623 allowing the existing eating and drinking establishment with a Type 47 ABC license and live entertainment was originally approved by the Planning Commission on April 9, 1998. 4. An amendment to Use Permit No. 3623 was approved by the City Council on May 13, 2008, that allowed the addition of a 461 square foot outdoor patio to the existing eating and drinking establishment and limited the allowed number of seats to 223. 5. The subject Property is located within the Newport Village Planned Community (PC-27) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 69 Planning Commission Resolution No. PC2018-022 Page 2 of 2 6. The subject Property is not located within the coastal zone. 7. A public hearing was held on July 19, 2018, in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (“NBMC”). 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. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit only after making each of the five required findings set forth in NBMC Subsection 20.52.020(F) (Findings and Decision). In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the restaurant with alcohol service is inconsistent with the purpose and intent of NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits) because the use is not compatible with allowed uses in the vicinity. 2. The Planning Commission determined, in this case, that the restaurant with alcohol service is inconsistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) because the use is not compatible with allowed uses in the vicinity. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JULY 2018. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Chairman BY:_________________________ Secretary 70 Attachment No. PC 6 Project Plans 71 INTENTIONALLY BLANK PAGE72 73 PA2018-156 Attachment No. PC 6 - Project Plans 74 PA2018-156 Attachment No. PC 6 - Project Plans 75 PA2018-156 Attachment No. PC 6 - Project Plans 76 PA2018-156 Attachment No. PC 6 - Project Plans 77 PA2018-156 Attachment No. PC 6 - Project Plans 78 PA2018-156 Attachment No. PC 6 - Project Plans 79 PA2018-156 Attachment No. PC 6 - Project Plans 80 PA2018-156 Attachment No. PC 6 - Project Plans 81 PA2018-156 Attachment No. PC 6 - Project Plans 82 PA2018-156 Attachment No. PC 6 - Project Plans 83 PA2018-156 Attachment No. PC 6 - Project Plans 84 PA2018-156 Attachment No. PC 6 - Project Plans 85 PA2018-156 Attachment No. PC 6 - Project Plans 86 PA2018-156 Attachment No. PC 6 - Project Plans 87 PA2018-156 Attachment No. PC 6 - Project Plans 88 PA2018-156 Attachment No. PC 6 - Project Plans 89 PA2018-156 Attachment No. PC 6 - Project Plans 90 PA2018-156 Attachment No. PC 6 - Project Plans EXTERIOR MATERIAL PACKAGE 07-10-2018 TOMMY BAHAMA CORONA DEL MAR Tommy Bahama Group Inc. 01 23231 south pointe drive laguna hills, ca 92653 EXTERIOR FINISHES NOTE: COLORS ON SCREEN OR PRINTED DIFFER FROM ACTUAL MATERIAL. T-2 EURO WEST DECORATIVE SURFACES MADEIRA - BEIGE - 9”X36” GROUT: MAPEI - PALE UMBER 44 P-1 EXTERIOR PAINT SHERWIN WILLIAMS - SW 7028 P-2 EXTERIOR PAINT SHERWIN WILLIAMS - SW 0037 91 PA2018-156 Attachment No. PC 6 - Project Plans [Insert project gra Planning Commission Public Hearing July 19, 2018 UP2018-007 (PA2018-156) Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) Community Development Department -Planning Division07/13/2012 2 Project Site Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) Community Development Department -Planning Division07/13/2012 3 Existing Use Permit Proposed Use Permit Alcohol License Type 47 (On sale General –eating Place) Full Liquor No Change Allowed Number of Seats 283 283 (250 Proposed) Allowed Hours of Operation:Interior Dining Room 11 a.m. –Midnight No Change Allowed Hours of Operation: Patio 11 a.m. –11 p.m.No Change Live Entertainment Allowed Allowed, No Change Dancing Not Allowed Not Allowed, No Change Operator License Required No Yes Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) Community Development Department -Planning Division07/13/2012 4 The seating arrangement for the restaurant shall be as shown on the plans stamped with the date of this approval. In no case shall the total number of seats in the interior and exterior dining areas of the restaurant exceed 283 seats. City Council Resolution No. 2008-37 Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) 07/13/2012 Community Development Department -Planning Division 5 EntryPatio Private Dining Bar Patio Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) 07/13/2012 Community Development Department -Planning Division 6 Private Dining Bar Patio Entry New Patio Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) Community Development Department -Planning Division07/13/2012 7 Existing Proposed Dining Room 178 125 Bar Counter 15 49 Patio 90 76 Total 283 250 (283 limit) Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) 07/13/2012 Community Development Department -Planning Division 8 Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) 07/13/2012 Community Development Department -Planning Division 9 Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) 07/13/2012 Community Development Department -Planning Division 10 Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) Community Development Department -Planning Division07/13/2012 11 The seating arrangement for the restaurant shall be in substantial conformance with the arrangement as shown on the plans stamped with the date of this approval as determined by the Community Development Director.In no case shall the total number of seats in the interior and exterior dining areas of the restaurant exceed 283 seats. Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) Conduct a public hearing Adopt the draft resolution: The project is categorically exempt under Section 15301, of the CEQA Guidelines -Class 1 (Existing Facilities) Approving the requested seating arrangement changes Community Development Department -Planning Division05/21/2015 12 Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156) For more information contact: Gregg Ramirez, Principal Planner949-644-3219gramirez@newportbeachca.govwww.newportbeachca.gov Planning Commission - July 19, 2018 Item No. 4a Additional Materials Presented At Meeting Tommy Bahama (PA2018-156)