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Home My WebLink About25 - Bay Burger Appeal - Use Permit 2007-027CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 25 May 27, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Fern Nueno, Planning Technician (949) 644 -3227, fnueno @city.newport- beach.ca.us SUBJECT: Bay Burger Appeal 600 Bay Avenue E #A -7 ■ Use Permit No. 2007 -027 (PA2007 -219) APPLICANTIAPPELLANT: Bay Burger Company ISSUE: Should the City Council sustain, reverse, or modify the Planning Commission's denial resulting from a 3-4 vote on a motion to approve Use Permit No. 2007 -027? RECOMMENDATION: Staff recommends that the City Council conduct a de novo hearing, deny the appeal and sustain the Planning Commission's denial of Use Permit No. 2007 -027. INTRODUCTION: Proiect Setting and Description The subject property is located within the Balboa Fun Zone, along with other eating and drinking establishments, retail stores, arcades, amusement rides, and the Newport Harbor Nautical Museum. The Use Permit application is a request to introduce the sale of beer and wine to the existing restaurant use. No physical changes are proposed with this application. Planning Commission Action The Planning Commission held a public hearing on Use Permit No. 2007 -027 on April 3, 2008. The Planning Commission failed to arrive at a consensus on the project. One commissioner opposed the project, stating that it was inappropriate to add another Bay Burger Appeal May 27, 2008 Page 2 alcoholic beverage outlet in an area that is already over - concentrated. Other commissioners indicated support for the project if alcohol sales could be restricted to a lower percentage of the gross sales and/or the employees serving alcoholic beverages were at least twenty -one years of age. Other commissioners indicated support for the project without any additional restrictions. A motion to approve the project failed on a vote of three (3) ayes and four (4) noes. No motion was made to reconsider the matter. This resulted in a denial of the project pursuant to the Rules of Procedures for the Planning Commission, Section VIII (Voting Procedures), Item D, which states "if there is no action by an affirmative vote, the result is denial." DISCUSSION: The Appeal The applicant is requesting that the City Council reverse the Planning Commission's denial of the proposed Use Permit. A copy of the applicant's written statement in support of the appeal is attached to this report as Exhibit 4. The applicant states that the establishment will continue as a family restaurant, but that the Bay Burger Company would like to offer a selection of beer and wine to complement the meals. Analysis The Planning Commission struggled with establishing a set of conditions that would allow alcoholic beverage service, but not change the character of the restaurant and the Fun Zone. The Planning Commission considered limiting quarterly gross sales of alcoholic beverages to below 50 percent of total quarterly gross sales; a limit of 10 to 15 percent was suggested at one point. However, staff believes that it will be difficult for the applicant to monitor and comply with such a condition. The margin for compliance would simply be too small. Even if the percentage of alcoholic beverage sales could be continually monitored, the applicant would be forced to suspend the alcoholic beverages for the remainder of the quarter if the specified percentage were exceeded. The Type 41 (On -Sale Beer and Wine — Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) license sought by the applicant requires that the gross sales of food prepared and sold to guests on the premises exceed the gross sales of alcoholic beverages. Therefore, if alcoholic beverage service is permitted, it must be recognized that this could become a substantial part of the operation, even while remaining ancillary to the principal use of the restaurant. This must be considered when determining if the introduction of alcoholic beverages is appropriate at this location. As indicated in the Planning Commission staff report (Exhibit 1), the proposed project site is located within Reporting District (RD) 12. RD 12 has a higher concentration of R Bay Burger Appeal May 27, 2008 Page 3 ABC licenses per capita than the adjacent reporting district and Orange County as a whole. Given this concentration, staff believes that it would be inappropriate to add another alcoholic beverage outlet even if alcoholic beverage sales could be restricted to remain ancillary to the principal use of the restaurant. Therefore, staff recommends that the City Council deny the appeal and sustain the Planning Commission's denial of Use Permit No. 2007 -027. Staff will prepare the appropriate resolution after receiving the comments of the City Council. Environmental Review: This project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Alternatives: Should the City Council wish to grant the appeal and reverse the decision of the Planning Commission by approving Use Permit No. 2007 -027, staff will prepare a draft resolution with findings and conditions of approval. Prepared by: Patrick J. Alford, PIa-nninb Manager Exhibits: Submitted by: �� 1. April 3, 2008, Planning Commission Staff Report 2. April 3, 2008, Planning Commission Meeting Minutes 3. Application to Appeal Decision of the Planning Commission 4. Appellant's Written Statement and Informational Packet 5. Project Plans 3 Exhibit No. 1 Planning Commission Staff Report 9 CITY OF NEWPORT.BEACH FILE CO■ Y PLANNING COMMISSION STAFF REPORT April 3, 2008 Meeting Agenda Item 7 SUBJECT: Bay Burger (PA2007 -219) 600 Bay Avenue E #A -7 ■ Use Permit No. 2007 -027 APPLICANT: Bay Burger Company PLANNER: Fern.Nueno, Planning Technician (949) 644 -3227, fnuenoC&citv.newoort-beach ca us PROJECT SUMMARY The applicant is requesting an amendment to Use Perm. No. 3120 to allow the authorization of the sale of beer and wine for .on -site consumption (Type 41 ABC. License) pursuant to the Alcoholic Beverage Ordinance (ABO). RECOMMENDATION Staff recommends that the Planning Commission approve Use Permit No. 2007 -027, subject to the findings and conditions of approval included within the attached draft resolution. 5 F i�2 �� 1. j' z,y M 4y Y � .. Y f n.,�M '^-. , � i' `'�.ai tt r lF ill � J �, �t �'`aM '�', e Al t ! �� r i �"�/ �, ��.. ,. I � r > � c' t � ! { Er {- f ��.°'d _" tit;. .ti .. F i�2 �� 1. j' z,y M 4y Y � .. Y f n.,�M '^-. , � i' `'�.ai tt r lF ill � J �, �t �'`aM '�', e Al t ! �� r i �"�/ �, ��.. ,. I Bay Burger April 3, 2008 Page 3 LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE PI - Private Institutions Specific Plan District #8 Restaurant, retail commercial Central Balboa NORTHEAST TS - Tidelands NA Newport Bay SOUTHEAST CV - Visitor Serving Specific Plan District #8 Commercial Commercial (Central Balboa) SOUTHWEST MU -V & PF — Mixed Use Specific Plan District #8 parking and commercial Vertical & Public Facilities Central Balboa . NORTHWEST MU -V —Mixed Use Specific Plan District #8 Restaurant, retail commercial Vertical Central Balboa Bay Burger April 3, 2008 Page 4 INTRODUCTION Project Setting The subject property, Suite A -7, is located within the Balboa Fun Zone on the Balboa Peninsula. The Fun Zone is contained within the streets East Bay Avenue, Palm Street, East Edgewater Place, and Washington Street.. The lot is approximately 34,000 square feet. The on site. parking consists of 56 spaces that are provided in a partially subterranean structure. Additionally, 15 off -site parking spaces are located in a nearby lot across Palm Street. All parking provided is intended for employee and marina parking. The Fun Zone contains a mix of eating and drinking establishments, retail stores, arcade, and amusement rides. Also within the Fun Zone is the Newport Harbor Nautical Museum. Newport Bay is to the northeast of the Fun Zone. The lots to the northwest, southwest, and southeast are designated as Retail Service. Commercial land uses within the Specific. Plan District #8 (Central Balboa). Suite A -7 is approximately 1,449 square feet, of which 1,156.5 square feet is net public area (see attached plans in Exhibit 2). The indoor seating area contains 24 seats, and the outdoor seating area contains eight seats. Proiect Description The applicant is proposing to change the operational characteristics of the existing restaurant by introducing the sale of beer and wine for on -site consumption (Type '41 ABC License). No physical changes are proposed with this application. Background On December 6, 1984, the Planning Commission approved Use Permit No. 3120, which permitted the redevelopment and expansion of the old Fun Zone site. At the same time, the Planning Commission approved Variance No. 1118, which included a waiver of a portion of the required off- street parking. On January 14, 1985, the City Council approved Use Permit No. 3120 and Variance No. 1118. The approved project included three new buildings over a partially subterranean parking lot containing 56 spaces. On June 23, 1994, the Planning Commission approved an amendment to Use Permit No. 3120. The requested amendment was to convert a portion of the arcade .use to amusement ride use. Due to all of the amendments since the original use permit approval, the Planning Commission added a condition stating "That food /specialty food, arcade, and retail uses shall not exceed 30 percent each, and amusement rides shall not exceed 50 percent of the permitted gross floor area of the site exclusive of covered parking. If there is a desire to exceed this limitation, an amendment to the use permit is required." s Bay Burger April 3, 2008 Page 5 DISCUSSION Analysis General Plan/Local Coastal Plan The Land Use Element of the General Plan designates the Fun Zone site as Private Institutions. This designation is intended for privately owned facilities that serve the public, Including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. The owner and the primary occupant of the Fun Zone is the Newport Harbor Nautical Museum, which is a permitted use within this land use designation. The eating and drinking establishment use with alcoholic beverage service is not specified; however, it can be considered an ancillary use to the Newport Harbor Nautical Museum. The Local Coastal Plan designates this site as General Commercial C. This designation is intended to provide for a wide range of commercial activities oriented primarily to serve citywide or regional. needs. Restaurants with ancillary beer and wine sales for on -site consumption are a permitted use within this land use designation. Zoning Code The Fun Zone site has a Retail and Service Commercial land use designation within the Central Balboa Speck Plan District. Restaurant use with alcoholic beverage service is permitted, subject to the approval of a use permit. Alcoholic Beverage Sales Bay Burger is an existing eating establishment that does not currently hold an ABC license. The applicant is applying for a Type 41 ABC license (On -Sale Beer and Wine — Bona Fide Public Eating Place), which authorizes the sale of beer and wine for consumption on or off the premises where sold. The City has approved other use permits for eating and drinking establishments with alcoholic beverage service as amendments to the Fun Zone's use permit (Use Permit No. 3120). However,. Balboa Sushi (Suite C -6) is the only establishment with an ABC license (Type 41) within the Fun Zone at this time. The following conditions of approval are proposed to insure that beer and wine sales remain incidental to food use: • The establishment must be maintained as a "bona fide public eating place" and cannot operate as a bar, tavern, cocktail lounge, or nightclub, • Full menu food service must be available for ordering at all times that the restaurant establishment is open for business. Bay Burger April.3, 2008 Page 6 No "happy hour" type of reduced price alcoholic beverage promotion is allowed except when served in conjunction with food ordered from the full service menu. ■ No live entertainment or dancing is permitted. ■ The quarterly gross sales of alcoholic beverages cannot exceed the gross sales of food during the same period. Although the project has an outdoor seating area, staff believes that the area is too small for an barrier to adequately confine outdoor alcoholic beverage service, which is typically required by ABC. Therefore, a condition is proposed to require that alcoholic beverage service be limited to the indoor dining area. The Newport Beach Police Department (NBPD) has reviewed the project (Exhibit 3), and has no objections to the basic operations as described by the applicant; however, NBPD recommends limiting the hours of operation from 7:00 a.m. to 10:00 p.m. These hours are within the hours of operation for the Fun Zone, which are 5:00 a.m. to 12:00 a.m. Sunday through Thursday and 5:00 a.m. to 2:00 a.m. Friday, Saturday, and recognized holidays. Bay Burger's current hours of operation are 8:00 a.m. to 11:00 p.m. The NBPD also recommends requiring all owners, managers, and employees serving and /or selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving.and selling alcoholic beverages.. ABC offers a training program titled Licensee Education on Alcohol and . Drugs (L.E.A.D): The NBPD has also provided alcohol. related statistics for the Fun Zone's Reporting District, Reporting District (RD) 12 (see map in Exhibit 4), for the 2007 Calendar Year. Statistics were also provided for RD 13 and RD 15, which are the adjacent districts to the west. RD 11 is immediately adjacent to the east; however, it is not applicable for comparison purposes because it contains mostly residential properties. Factors to Consider Section 20.89.030.13 (Alcoholic Beverage Outlets) requires the Planning Commission to consider certain factors when making the required findings to approve the Use Permit. A discussion of these factors in support of the proposed Use Permit is provided below: 1. Whether the use serves public convenience or necessity The purpose of the Speck Plan District #8 is to provide the Central Balboa area with commercial services for permanent residents and visitors of the area. Introducing incidental beer and wine to the existing eating establishment is a convenience to the nearby residents and visitors within the area who patronize the business. k NV Bay Burger April 3, 2008 Page 7 City Council "K-7" policy grants the NBPD "the authority to make determinations. of convenience and necessity for the sale of alcoholic beverages, and provides criteria for situations when the public convenience and necessity will not be served by granting additional retail licenses for the sale of alcoholic beverages." The policy continues that "the public convenience and necessity will not be served by the approval of any new or upgraded license" if the location is within an area where the number of crimes is at least 75 percent higher than the average of all reporting districts in the City. The "Fun Zone is not within an area where the number of crimes is at least 75 percent higher tharn the average of all reporting districts in the City, which is congruent with the public convenience determination from City Council "K -7" policy. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City Reporting District Part One Crimes (Serious offenses) Part Two Crimes (Ali other offenses) Part One Crimes Rate (per 100,000 people) 12 102 74 6,017.70 13 97 99 5,309.25 15 326 258 11,531.66 Newport Beach 2,925 3,712 1 3,620.05 The location is within RD 12., wherein the number of Part One Crimes and the Part One Crime Rate is greater than in the adjacent reporting district, RD 13. The Part Two Crimes within RD 12 are less than in RD 13. The Part One Crimes Rate in RD 12, 13, and 15 is higher than that of the City as a whole due to the high concentration of commercial uses in the Balboa Peninsula. RD 12 had a total of 228 reported crimes as compared to a citywide reporting district average of 175 reported crimes. This reporting district had 52 more crimes and is 22.81 percent above the citywide reporting district average. These numbers reflect_crime data for the 2007 Calendar Year. 3. The number of alcohol licenses per capita in the reporting, district and in adjacent reporting districts as compared to the county-wide average Reporting District Active ABC Licenses Per Capita License Ratio 12 35 1 per 48 residents 13 5 1 per 365 residents 15 90 1 per 31 residents County-wide 4,805 1 per 592 residents The ABC license data is from the 2006 Uniform Crime Reports. The Fun Zone location is within an RD that is over the Orange County per capita average of ABC licenses. RD 13 has more residential properties than RD 12 and RD 15, which may explain the lower number of ABC licenses in the reporting district. As of May 1, 2003, the Orange County it 14 Bay Burger April 3, 2008 Page 8 average active, retail ABC license was one license for every 592 residents. RD 12 has a. higher concentration of this type of ABC license compared with the County average. 4. The numbers of alcohol- related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts Reporting District DUI/Drunk Arrests Total Arrests Calls for Service 12 52 117 2,172 13 55: 132 2,907 15 461 831 7,322 Newport Beach 1,471 3,345 61,060 These numbers reflect crime data for the 2007 Calendar Year. RD 12 has a slightly lower number of DUI/Drunk Arrests, Total Arrests, and Calls for Service recorded in 2007 compared to RD 13, and significantly lower number of DUI/Drunk Arrests, Total Arrests, and Calls for Service recorded in 2007 compared to RD 15. 5. The proximity of the alcoholic beverage outlet to residential districts, day "care centers, park and recreation facilities, places of religious assembly, and schools The Fun Zone is in a commercial area with mixed -use districts adjacent to the south and west. There are no day care centers, park and recreation facilities, places of religious assembly, or schools in close proximity to the subject property. In accordance with the Alcoholic Beverage Ordinance, the Police Department has reviewed the application, and upon approval of the Use Permit, will condition the ABC license as necessary to maintain the health, safety, and welfare of the community. Use Permit Findings The following information is presented in support of the required Use Permit findings: Finding: That the proposed location of the use is in accord with the objectives of this code and the purpose of the district in which the site is located. Facts in Support of Finding: The project is located in the Retail Service Commercial (RSC) district of the Speck Plan District #8 (Central Balboa) which is intended to provide the Central Balboa area with commercial services for permanent residents and visitors of the area. The existing eating establishment with proposed alcohol sales is a commercial use, which serves residents and visitors and, therefore, is consistent with the purposes of the Speck Plan District #8. • Subject to the approval of a use permit by the Planning Commission, a restaurant use with alcoholic beverage service is permitted within this district. 1L N Bay Burger April 3, 2008 Page 9 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: The Land Use Element of the General Plan designates the project site as Private Institutions, which is intended for privately owned facilities. that serve the public. The ancillary use of the restaurant with beer and wine sales will not be detrimental to the site or to the community based upon information received at the hearing and information provided by the Police Department. The on -site consumption of alcohol will be incidental to the eating establishment use. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period, . per the conditions of approval. Alcohol service will be under the supervision of LEAD- trained employees, and a minimum of three employees will be on duty at all times. The proposed hours of operation, 7 :00 a.m. to 10:00 p.m., will not.significantly change characteristics of the existing commercial area. These proposed hours of operation are within the hours of operation for the entire Fun Zone. 3. Finding: That the proposed use including any specific condition which it would be located. Facts in Support of Finding: will comply with the provisions of this Code, required for the proposed use in the district..in The project has been conditioned to comply with. the. development and operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage Outlets) of the Municipal Code as they relate to the operation of the proposed project. Employees serving alcoholic beverages will receive LEAD training, and 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. 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, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. t� Bay Burger April 3, 2008 Page 10 The project has been reviewed and conditioned to ensure that potential conflicts with surrounding land uses are minimized to the greatest extent .possible. Therefore, the project meets the purpose and intent of Chapter 20.89 of the Municipal Code by preserving a healthy environment . for residents and businesses. 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 alcoholic beverage outlet and adjacent properties during.business hours, W directly related to the patrons of the subject alcoholic beverage outlet. Alternatives If the Planning Commission does not wish to approve this application subject to the findings and conditions of approval included within the attached draft resolution, it shall either modify the conditions of approval and approve the application, approve as requested, or disapprove the application. . Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality ,Act (CEQA) under Class 1 (Existing Facilities). Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: �i Fern Nueno, Planning Technician EXHIBITS 1. Draft Resolution 2. Project Plans 3. Police Department Report 4. Police Department Reporting District map 5. Project narrative from applicant Submitted by: David Lepo, Pla g Director F.•IU3ers1PLMSharedlPA's1PAs • 20071PA2007- 2191UP2007 -027perpt- Anal.doe t'l Exhibit N.P. I Draft Resolution 15 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE -PERMIT NO. 2007 -027 TO ALLOW THE ON -SALE AND OFF -SALE OF BEER AND WINE AT AN EXISTING RESTAURANT LOCATED AT 600 EAST BAY AVENUE #A- 7 (PA 2007 -219) WHEREAS, an application was filed by Bay, Burger Company; with respect to property located at 600 East Bay Avenue #A7, and legally described as Parcel 1, Block B, Parcel Map Book 208/04 -06, requesting approval of amendment to Use Permit No. 3120 to allow a Type 41 ABC license for the on -sale and off -sale of beer and wine, pursuant to. Municipal Code Chapter 20.89 (Alcoholic Beverage Outlets) in conjunction with the operations of an existing restaurant; and WHEREAS, a public hearing was held onApril 3, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, .the. Land Use Element of the General Plan designates the project site as Private .Institutions, which is intended for privately owned facilities that serve the public; and WHEREAS, the Local Coastal. Plan designates the site as General Commercial, which is intended to provide for a wide range of commercial .activities oriented primarily to serve citywide or regional needs; and WHEREAS, the subject property is designated as a Retail Service Commercial land use within the Speck Plan District #8 (Central Balboa) zoning district, which is intended to provide the Central Balboa area with commercial services for permanent residents and visitors of the area; and WHEREAS, the Police Department has advised that Reporting District 12 has a lower concentration of ABC licenses than Reporting District 15, and a higher concentration of ABC licenses than Reporting District 13; and WHEREAS, the Police Department has advised that Reporting District 12 is not within an area where the number of crimes is at least 75% higher than the average of all City Reporting Districts; and WHEREAS, the proposed use is consistent with the purpose and intent of Section 20.89 (Alcoholic Beverage Outlets) of the Newport Beach Municipal Code; and N Planning Commission Resolution No. _ Page 2 of 8 WHEREAS, consistent with required findings for approval of a use permit as set forth in Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are made: Finding: That the proposed location of the use is in accord with the objectives of this code and the purpose of the district in which the site is located. Facts in Support of Finding: a. The project is located in the Retail Service Commercial (RSC) district of the Speck Plan District #8 (Central Balboa) which is intended to provide the Central Balboa area with commercial services for permanent residents and visitors of the area. The existing eating establishment with proposed alcohol sales is a commercial use which serves residents and visitors and, therefore, is consistent with the purposes of the Speck Plan District #8. b. Subject to the approval of a use permit by the Planning Commission, a restaurant use with alcoholic beverage service is permitted. within this district. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort; orwelfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: a. The Land Use Element of the General Plan designates the project site as Private Institutions, which is intended for privately owned facilities that serve the public. b. The ancillary use of the restaurant with beer and wine sales will not be detrimental to the site.or to the community based upon information received at the hearing and information provided by the'Police Department c. The on-site consumption of alcohol will be incidental to the eating establishment use. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period, per the conditions of approval. Alcohol service will be under the supervision of LEAD-trained employees, and a minimum of three employees will be on duty at all times. V1 Planning Commission. Resolution No. Paqe 3 of 8 d. The proposed hours of operation, 7:00 a.m. to 10:00 p.m., will not significantly change characteristics of the existing commercial area. These proposed hours of operation are within the hours of operation .for the entire Fun Zone. 3. Finding: That the proposed use will comply with the provisions of this Code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: a. The project has been conditioned to comply with the development and operational regulations pursuant to Section 20.89.050 (Alcoholic Beverage Outlets) of the Municipal Code as they relate to the operation of the proposed project. Employees serving alcoholic beverages will receive LEAD training, and records of each owner's, manager's, and employee's successful completion of the required certified training program shalt be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 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, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written.notice from the City. b. The project has been reviewed and conditioned to ensure that.potential conflicts with surrounding land uses are minimized to the greatest extent possible. Therefore, the project meets the purpose and intent of Chapter 20.89 of the Municipal Code by preserving a healthy environment for residents and businesses. 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 alcoholic beverage outlet and adjacent properties during business hours, N directly related to the patrons of the subject alcoholic beverage outlet. WHEREAS, the project qualifies for a Categorical Exemption pursuant to 15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA); and NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2007 -027, subject to the Conditions set forth in Exhibit `A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk 19V Planning Commission Resolution No. Paqe 4 of 8 in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF APRIL. M M Robert Hawkins, Chairman Bradley Hillgren, Secretary AYES: EXCUSED: l(A Planning Commission Resolution No. _ Page 5 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2007-027 PROJECT SPECIFIC CONDITIONS: I. The project must be in substantial conformance with the approved site plan, 4'floor plans, and elevations, except as noted below. 2. The hours of operation shall be limited to 7:00 am to 10:00 pm. 3. A minimum of three employees shall be on duty at all times. 4. Alcoholic beverage service shall not be allowed in the outdoor seating area.. The applicant shall take reasonable steps to ensure that no open containers With alcohol beverages leave the indoor seating area, including the posting of loitering, open container; and other signs specified by the Alcoholic Beverage Control Act. STANDARD CONDITIONS: 5. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 6. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 7. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under•the control of the license. 8. No live entertainment or dancing shall be permitted. 9. ` No audible paging system or speaker system shall be utilized any where on the premises at any time. 10. All signs and displays must conform to the City Municipal Code requirements. 11. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. ZO Planning Commission Resolution No. _ Pane 6 of 8 12. Storage outside of the building in the front or at the rear of the property shall be prohibited. 13. 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, and debris from the premises and on all. abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 14. The quarterly gross sales of alcoholic sales of food during the same period. records which reflect separately the beverages of the licensed business. frequently than on a quarterly basis Planning Department on demand. beverages .shall not exceed the gross The licensee shall at all times maintain gross sale of food and gross sale of Said records shall be kept no less and shall be made available to the 15. 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 the Newport Beach Municipal Code. 16. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable condi ions 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. 17. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 18. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based. upon moneys collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 19. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person, based upon moneys collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. Z� X Planning Commission Resolution No. _ Page 7 of 8 20. The applicant shall comply with all federal, State, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 21. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 in conjunction with the service of food as the principal use of the facility. 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. 22. That 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 subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 23. Any changes in operational characteristics, hours of operation, expansion in area, or modification to the floor plan; shall require an amendment to this Use Permit or the processing of a new use permit, unless otherwise approved by the Planning Department. 24. Should the business subject to the Use Permit conditioned herein be sold or otherwise come under different ownership or a change in operators, any future .owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 25. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage. Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, managers, 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. 26. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. ?:Z- X04 Planning Commission Resolution No. Page 8 of 8 27. This Use Permit shall be terminated if the operation is no longer maintained as. a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 28. That this Use Permit shall expire unless exercised within twenty -four months from the date of approval as specked in Section 20.91.50 of the Newport Beach Municipal Code. 7-3 hsp� t40� �project plan '?S It�1 Q1YY VUY•aor Ldf .6 . ll ,1i Y V• r, SY.Vtr.`: v.� .. .. LnP PA2007.219 for UP2007 -027 600 Lg; AM4G•7 FLOOR PUN DATE O N0A • "eab �w..... 1..[....r.r�rw. N::. _ _ . P...v"" �.> ':Y t ,•. •M A J W nW n Aft r.. ;. H • --� PROJECT SITEa r•' i .; °++y..: C C s r f W 61 ti. . I. �a � r r . � 't }a�, a + ,;,• a:.y � nay. �� i ♦ �Rgrl A' TNT I • —42-y4l' r - TRMgI+ .I r ,� r •,•3 t yy U, Imam F {1 1 r e y1 . •— �__ -�.._ —_ __... ':.�Pnn i:�en+w i�n�m,eywit�'w n,l�Trva•,' tli:•f� i , 11yy � ' C•�.. �I. x w,w ,p,4d ' �i fit. .d by � �. at� s {� ✓y, `t a,' yY �y4 err IW I± ��,� r.� a<2t44Ns'r'x (_. '" ,v. p .< ?►G ;�a �J�.qs. ��jjy ~dr„a' <i � r ix' SV CW' > »"a ra l � � � �' �b � 1, * y�✓�, },rtie y'+ rr Y S 9 KS I .. N.. ' ! x "� y� �. Y T � : e fx�l .rk i� Je� �i• 'i �� r .1,.1 r � 1 1 �"�� 'WM�x' . � �t4 T T 4 r S' ,�;. � y,,r`Ly A '� YV • e ° 2 "� L •. c� d ., a � .r� y. L �. Y i F � 55afj]� i � if � L +.^c � M � i Jb: i • Y -, MJ I <�.. r. � . �<�i'r°I,+GTi w >r? h1' ✓ !'.Y'sS.,�, e � � ! I ,,v s . ..:, t`� � ya � t+ a -o y G' �: ' RTH 4lEYAT10Nl -'� :E7CTBil01iMAT�t1A1.5 DfiPEglq 1C�ISi O I<a..<.. x.Y •.,,...w 0°""G$+ 'a"' "`y"+w. ."°r... .r.. +<a+,..10•Y?rii� ' ,s,. JG'A• , .Q,;. F+•t .�w.w.r.3.°T•,..a'xn 4 w.a-•y � ��. y.er i . . -a`ir<` dn...re� .arw"+"i,"aM.'Wr .� w w .�. O Ecx.twewfieo. r .flh Legend • J "a ..a�e.. ♦� •• s -✓w+ii YxlW w�r - wYl1 I.TeI 1 4i,•Y -MI.M1/ bl ��' ~� ��IHrN!�4u"F'I"'e'i,...l° � ^ 1 �, .��•1"JcaLl`iLh 4N'r. "�.. w.Yb ...a Y f•r i •V `1 <4 tlr I� <�" � W 1 M+1�.wr. MfM'.•r•, �!' . n r•.I "' 1 • •�H •/• P IM. . u,•.1 'f MTV Z� .v Exhibit No. 3 Police Department Review City of Newport Beach Police Department December 6, 2007 TO: Fem Nueno, Staff Planner FROM: Detective Dave Stark SUBJECT: Bay Burger Company - Project Review UP2007 -027 600 E. Bay Avenue #A -7 At your request, the Police Department has reviewed the project application for Bay Burger Company, located at 600 E. Bay Avenue #A -7, Newport Beach. This location is currently operating as a hamburger restaurant. The project proposal consists of allowing beer and wine sales at their existing location pursuant to an ABC Type 41 License (On -Sale Beer and Wine). We have included a report by Police Department Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business. Applicant History The applicantlowner of Bay Burger Company is Christopher. Roman who has owned the business for eight months. He advised that the location has been a hamburger restaurant for approximately six years. Prior to coming to Newport Beach last year, Mr. Roman worked in the restaurant business in New York. He has over 12 years of experience in the industry. Signs and Displays We advise that any signs and displays conform to the City requirements. Hours of Operation 7:00 am to 10:00 pm. Security: No recommendations from the Police Department. Employee Training: Require all owners, managers and employees serving and /or selling .alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments: Outside of these recommendations, the the basic operations as described by CUP, will condition the ABC license as and welfare of the community. Police Department has no objections to he applicant and, upon approval of the necessary to maintain the health, safety PSI For the purposes of this application; staff may also want to consider establishing conditions that would require a City of Newport Beach Special Event Permit. A permit should be required for any event or promotional activity outside the normal operational characteristics of the proposed business. For example, events which are likely to attract large crowds or those for which an admission fee is charged, events that include any form of party or contract promoters, or any other activities as specked in the Newport Beach Municipal Code which require such permits. It may also be appropriate to establish conditions that would address possible future uses in the event this business evolves towards a traditional bar -type establishment. In addition; the Police Department believes the following conditions would be appropriate for the Conditional Use Permit for the establishment: Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 3. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 4. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon moneys collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 5: The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. If you have any questions, please contact Detective Dave Stark, Vice /Intelligence, at (949) 644 -3706. Submitted by: Dave Stark, Detective Approved by: e N J�mond Captain Iln4nMiiin rli"icinn f nmm '5;L City of Newport Beach Police Department Memorandum March 24, 2008 TO: Fern Nueno; Staff Planner FROM: Paul Salenko, Crime. Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Bay Burger Company at 600 East Bay Ave, A -7. This area encompasses our reporting district (RD) number 12 as well as part of Census Tract 628. This report reflects City of Newport Beach crime data for .calendar year 2007, which is the most current data available. Calls for Service Information City wide there were approximately 61,060 calls for police services during this time, of which 2,172 were in RD 12. A "call for service' is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,637 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,925 were Part one Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny4heft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,712 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,620.05 per 100,000 people. The national Part One crime rate was 4,063.4* per 100,000 people. Crimes RD 12 Newport Beach California* National* Part 1 102 2,925 1,390,709 11,556,854 Part 2 74 3,712 N/A N/A Part 1Crime Rate 6,017.70 3,620.05 3,848.95 3,898.94 The number of active ABC licenses in this RD is 35 ** Per capita ratio 1 license for every 48 residents. This reporting district had a total of 228 reported crimes as compared to a City wide reporting district average of 175 reported crimes. This reporting district is 52 crimes more or 22.81 % above the City wide reporting district average. This location is not within an area where the number of crimes is at least 75% higher than the average of all reporting districts in 3 the City as outlined in the City Council "K -7" policy. This location is within an RD that is over the Orange County per capita average of ABC licenses**. Arrest Information There were 12 DUI arrests and 40 Plain Drunk arrest in this area during this same period as compared to 1,471 for the entire city. This RD amounts to 3.54% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department. of justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests (DUT/ Drunk) Total Arrests RD. 12 Newport Beach 52 1,471 117 3,345 California* National' N/A N/A 1,457,151 9,579,611 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 13 and RD 15 Crimes RD 13 RD 15 Part 'l 97 326 Part 2 99 258 Crime Rate 5,309.25 11,531.66 Arrests (DUI/Drunk) 55 461 Total Arrests 132 831 Calls For Service 2,907 7,322 Number of active ABC licenses 5** . 90** Per capita ratiol license for every 365* residents 31* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes.. The population figure used for the Crime Rate was 80,800. *These numbers are from the 2006 Uniform Crime Reports, which is the most recent edition. "The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit "5A Exhibit No. 4 Police Department Reporting District Map 35 Jb wewpvrL oeacn rvuce uepar[meni Crime Reporting Districts Map J tN 3$ �. Exhibit No. 5 Applicant's project narrative APPLICANT: Bay Burger Company, LLC dba `Bay Burger Company" REQUEST: Approval of Conditional Use Permit Permitting the On -Sale of Beer & Wine in Conjunction With The Operation of a Restaurant. PROPOSED USE: Existing Restaurant With On -Sale Service of Beer & Wine ADDRESS: 600 E. Bay Avenue, Suite A7 Newport Beach ("Fun Zone"), CA 92661 PROJECT NARRATIVE The proposed project is for the approval of on -sale beer & wine privileges. for an existing. restaurant located within the "Fun Zone" regional entertainment and shopping area. The existing restaurant is "Bay Burger Company" restaurant. Bay Burger Company is a casual family restaurant serving a variety of burgers. This request is to permit the sale of beer and wine for on -sale consumption in conjunction with the operations of the restaurant. Service of beer and wine is made for the convenience of patrons dining at the restaurant. No interior or exterior improvements or changes are proposed for this project. The subject property is located within the Fun Zone, a regional entertainment and shopping area. The site is bounded by other commercial and retail uses. The existing restaurant will continue to serve the local residents of the surrounding community and tourists that patronize the Fun Zone. The existing restaurant has a total area of approximately 1,449 square feet. The existing restaurant is open seven (7) days a week. The proposed hours of operation are 8:00 AM to 11:00 PM seven (7) days a week.. Hours may be shorter depending on the season. The project will employ approximately 3 to 6 employees (depending on the season) that would be on -site at one time. The surrounding land uses are as follows: North: `✓ Harbor channel. South: Commercial/Retail. East: Commercial/Retail, West: Commercial/Retail. 8 Exhibit No. 2 Planning Commission Minutes y( Planning Commission Minutes 04/03/2008 -ommon wall. The construction noise during this year -long process will be e next room as Mr. Kinney's place is not a stand -alone house. The be ill, oofs, foundations, driveways, walkways, etc are common areas. I trier f the condominium shall own one third undivided interest in the core aa. M .Kinney should not be allowed to cut into the roof without the permit the two ther owners. Is it fair that 1,235 of the 1,746 developable sq )tag e beg en to one owner? This should be negotiated among all the off decide. comment Commission inquiry, r. Harp noted that this is a case where there ar CC t no homeowners ass iation has been formed. The CC &Rs not e wide for a homeowners a \ted n. mmissioner McDaniel nconcern of the contractu obligations in )air of the common areas Harp noted the City does not enf a CC and rovisions nor does it Ived in private disputes between partiks related their interests. nmissioner Toerge noted this is an abru change in scale, not only to Scent unit but to the properties next to it at re also objecting. It violates d Use Plan provision 5.6.2 that dis urage brupt change in scale. ling Code is clear and that this i detrimenta o the general welfare dous to the property of the impro merits in the ne hborhood. was made by Commi loner Toerge and secon d by Commi: ,I to reverse the Xecision of the Zoning Ad m istrator and tion Permit No. 20Z7-007. Alford co that the motion include the strike out of srepresentation. a noted the percentage increase is rounded up o 31% %. He adde hat the project is non - conforming as a whole with th gara to parking aces are provided per unit, the guest parking is required er ove that o space requirement. The guest parking has not been provide .refor a project is not in conformance. Page 11 of 15 Ay . Eaton, Peotter, Cole, Hawkins, McDaniel, Toerge and Hillgren es: None SUBJECT: Bay Burger (PA2007 -219) ITEM 7 600 Bay Avenue PA2007-2 -219 Denied request to amend Use Permit No. 3120 to allow the authorization of the sale o peer and wine for on -site consumption (Type 41 ABC License) pursuant to th Icoholic Beverage Ordinance (ABO). rn Nueno, Planning Technician, gave an overview of the staff report. The Ty license they are applying for does allow for off -site consumption of the alcol rchased on the property. The City is not allowed to regulate that as that der the jurisdiction of the ABC; however, ABC will condition that the alcohol t allowed on the outdoor patio. She noted a correction to the draft resolution http: / /www. city.newport- beach. ca.us /PlnAgendas/mn04032008.htm 04/25/2008 43 Planning Commission Minutes 04/03/2008 Page 12 of 15 4 to delete the first sentence; and, Condition 7 is to be removed. ner Toerge noted his concern of the purchase of alcohol that could off site. Cho, representing the applicant, noted: Request to change Condition 3 to two employees as there will be suffic supervision regarding alcohol service outside noting the visibility from inside. . He agrees to the other Conditions. Harp added that the City does not control what the ABC issues as far ses, and it would be appropriate to have a security guard placed on oor patio to the extent they are allowed to have alcohol service in i oor patio area. son Hawkins noted we could add to Condition 3 if alcohol service on the outdoor patio the applicant must have some type of security pl J by the Police Department. Cho noted he would have no objection. If alcohol service is requested on 1 3, we would have to come back to the Planning Commission for lification of the existing Use Permit or a new application at that time. McDaniel noted his concern of the hours of operation. Cho noted during the mornings it is anticipated to sell breakfast items. remission inquiry, he added the clientele is patrons of the Fun Zone rists. It is a small family owned burger place. nissioner Hillgren noted his concern of alcohol be no more than 50% ; sales. That seems a lot for a small burger place, is it presumed that sa J increase due to the alcohol? Could it be made a smaller percentage? l who are serving should be a minimum of 21 years of age. Cho answered it would be a similar operation as a Ruby's. He noted he coi the applicant. It would be problematic as the employees are under the age The ABC allows anyone under 21, as long as they are supervised ieone over 21, to serve alcohol. vote taken if there is a concern on these issues: - Commissioners McDaniel, Eaton, Hillgren - Commissioners Toerge, Cole, Peotter, Hawkins Hawkins noted these were not a concern. was made by Commissioner Cole and seconded by Comm to allow the authorization of the sale of beer and wine for http: / /www.city.newport- beach. ca,ustP1nAgendas /nmO4O32008.htm 04/25/2008 44 Planning Commission Minutes 04/03/2008 Page 13 of 15 consumption (Type 41 ABC License) pursuant to the Alcoholic Beverage Ordinance (ABO) with the modified conditions to the draft resolution that include he deletion of Condition 7, deletion of the first sentence in Condition 4, and change to Condition 3. Mr. Harp noted the security plan as part of Condition 3 to be approved by the Police Department. The maker and second of the Motion agreed. Ayes: Peotter, Cole and Toerge Noes: Eaton, Hawkins, McDaniel and Hillgren Discussion continued on what would make the concerns expressed by the Commission such that this application could be approved. Staff suggested it is not a practical matter to stipulate percentages as there is no way to enforce it. The location was also noted in the Fun Zone and that during the summer there is inability to enforce. There was no motion to reconsider this matter. Continue meeting M on was made by Commissioner Peotter and seconded by Commissioner to hear next item Cole continue the meeting to hear the next item as it was after 10:30. Ayes: Eaton, Cole, Hawkins, McDaniel, Toerge and Hillgren Noes: otter SUBJECT: Tomm Bahamas (PA2008 -029) ITEM NO. 8 854 Avo do Avenue. PA2008- request to amend Use P mit No. 3623 to permit an additional 461 square-fool enied outdoor dining patio which uld be in excess of the maximum outdoor dining,,' area allowed by the provisions Section 20.82.050 (Accessory Outdoor Din of the Newport Beach Municipal ode. The property is located in the po Village Planned Community (PC) Di 'ct. Assistant Planner Janet Brown gave an o rview of the staff r rt. Mr. W. C. Wells, President of Tommy Bah a s, not a is in agreement with staffs recommendation. Commissioner Toerge noted his concern parking nd therefore is unable to support the application as this is an all y impacted ar . He suggested that as he primary goal is to increase i ibility, a commens ate reduction in the existing outdoor dining area to ual the amount of the incre se be given and he would be more supportive this. This would be a transfer a portion of th existing outdoor dining a to this front dining area. Commissioner gren asked if The Irvine Company was in sup rt of this pplication. Mr. ells answered, yes and staff added that an authorization form had b en ned as well. http: / /www. city. newport- beach. ca.us /PlnAgendas /nm04032008.htm 04/25/2008 q5 Exhibit No. 3 Appeal Application q! 04/10/2808 15:38 949- 263 -0229 Apr 0808 12270 FORK KNIFE AND SPOON n..oalxema TUB aLela 14w _ — BERNARD & ASSOCIATES PAGE 02/82 9489750660 p?_ _.._. CITY OF NEWPORT BEACH �,,� 10 R0 39 u ra.wn —•'• OAPPEALL.DEd�ONO��Ie— - NameofAppallaM 141 heel CTOy Es . for p .naot �m9_7571 w peraonflNl� r2 Address: c e 40 a fop t 8 ch CA 91660 Data of Plalming 0011eWWO11 dedsbn' anri 1 3 _ - 20 QB t �� appppe o! Ba Bur er Com n for ( pe® crlp8onofaPpGCaiianflod +sl�e1��^m} "' at for the approval of ® 1.'} it - i•ho nn j of be peaecaa(brAppael; nnin Comm' I sin denied the P re est and erred to alcohol service. We .. n Au- 464,.hmr Boman_ Data 4/14/ 0--�— Company, LLC Manager FOR OFFICE Ufa ONLY pale Appeal ftd and AdMRWA Bre Fe0 raceivad: _ � 0 20 � MdOLUft An appeal abed be scheduled fors hearing bacro ft CRY Coundl wd M ab y (S {l(a s Sea 5M Of (ha appeal union both ePP end appellant or body Comet to a �.96D6Dy x Rr(Rnnbheneaetaalaaglast & malY FRO AWSAI-S: MuaVOW Cods Seca, 20.96.OWD) Appeal Feat 1340 pulsuam to Resautlon Na 2006.4 adapted on 1 -10-08. 4 a� WAR a CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES V _ - 3300 NEWPORT BLVD.. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 �4sORNF RECEIVED BY: PERRYI TODAY'S DATE: 04/10/08, 27005000 ZONING & SUBDIVISION F CASH PAID $.00 CHECK PAID $340.00 CASH RECEIPT RECEIPT NUMBER: 01000083419 PAYOR: BAY BURGER COMPANY, REGISTER DATE: 04/11/08 TIME: 16:42:15 $340.00 ---------------- TOTAL DUE: $340.00 TENDERED CHANGE $340.00 $.00 ;rc s Exhibit No. 4 Appellant's Statement and Packet So May 13, 2008 Bay Burger Company is currently seeking approval for a beer and wine license for its location in the Fun Zone /Newport Harbor Nautical Museum space. We are open for breakfast, lunch and dinner daily. We are known for our huge hamburgers (which were nominated by Fox News for the Best Burger in Orange County(, freshly tossed salads, and hand crafted sandwiches. Our clientele includes local families from Peninsula Point and Balboa Island, area emptoyees and tourists. I am a responsible and diligent restaurateur with experience in all aspects of kitchen safety, front of house operations, food handling and staff training. The restaurant is my family's primary source of income, and I am a hands -on owner who spends a good part of my time at the restaurant to insure that quality standards and operational consistency are maintained. My wife, Kate Enriquez, was raised here on the Peninsula, attended Newport Elementary, Ensign Middle School and Newport Harbor High School before attending Manhattan College in New York City where we met. We married at Our Lady of Mount Carmel and have chosen Newport Beach to raise our two children - Jack, who attends pre- school at the Christ Church by the Sea and our newborn, Lity. Kate and I value the integrity of Newport Beach and believe in enhancing the standard of living in our community. We are both active in the community through Bay Burger Company. We donated a catered dinner for Newport Elementary yearly fundraiser'Hoola for Moota, clinching them one of the highest bids of the evening. We have also donated our services to the Newport Harbor Nautical Museum fundraisers, Ensign Middle School teacher's fund and the Rotary Club. I have no intention of becoming a bar and operating hours wit( remain the same. I have created a restaurant that appeals primarily to families and I simply want to offer our adult guests what they continue to ask for - a beer or glass of wine white they are eating their meal, surrounded by their family, looking out over the bay at one of the most beautiful and unique places in California. I feel I have built a dining experience that is a beneficial addition to the Balboa Peninsula and I want to maintain the customer base that I have worked so hard to build. A beer and wine license wit( give responsible adult patrons the beverage choices they desire. Sincerely, Christopher Roman Owner --------------------------------------------- 600 CAST BAY AVENUE °A7 NEWPORT BERCI(, CA 92651 T949.675.0660 rg49.675 774 www.bayburgeicompauy.com --------------- --------- ---- -- ---- --- --- - - - -- 51 Enaltive D1 DO M W. Muller Tory E often% President ftns®n¢ Daeder. Nam eand Ven W re Famrers Martin M Church, Vice President C=inwftAadekt David LsMonmgne, Wee President Badness CpnwhanC Fm ader, vessei Assht .lamas D. Reed, Wce President Pneaidalt Clerks Martire Imuranm saMaes lawleace M. VFemer, treasurer Preeimac Warner C p=daa The Nan. J.ET. Rutter, secretary Chair Emeritus supednrCa JudRa, twit ErkAnderson President Werson Finandel Carpomd. Patdda Beak Canununey vp w r David Blackman larae6v.81ealoamh[dt. Jewelers Scott coma VP ff ar endy Red &dd, Ffnarwa, PSRs fa C.) John Cashion Rey FsbtR rkA' .AeUrw Jahn E Gamed Praddn4 ventur&%be Real EsdW Group CBrer R. can jam A. Drayton armmare EwwCNar� & rn. SeRW EM yte W"A. plan Eaaft a Oenw. wes[Cpx[mdns WYMIam Johnu n Smdar YkvPBrdtlwRWFtnanee, pm p Molly E Mcpay Ev e*Vespn W ftsnt Mks lash vkv pleddent Mwkednig& Sal., CN Campesd« Matthew W. PaskerWn aWAtORnen Paeimrlen taw Onlces Ralph Ro"m Radhebn Marketing Groap Aeraepaaa fliglrwen BceirgAfrorart Cp. L Daug ns Welsh pardrw= Crwen. weeder &Ca Mende Swrt, Founding Chair EmerRa Perbmr. RE/AIDx Real EaUro seMC'e MABa n Mure&, Chair Emeritus CEO. rbeePRarhpanatwsdb. Radred RdMp S. Glasgow, Chair Emeritus Cie. PSG Fnmpmes, con. Adbur Grorelgr, Chair Emeritus Founder. AR'A LsndM Redrae Am Woad Emerft APoatadeeemrer Rea Bank M.D. Onmro�StNwg Nmp�l Non. Madlyn Brewer p AssamMwvsrnen. Refired lot L Curd mem"PadnetL penheam CO.uc Jahn V. emu) pekma& BmrProras, Re:dred T1mm F. Crull awkrrmn,vial.Po ,MA, Retiree WBBam P. Fkkw Ardnroet Amedm's Lop Weaver: Is m General David Q Nosey Brvft�lw GmamL Reared alum Wnuclu E Lozano, Jr. Farmer eS Amy W rWVSanadw RAdm. Richard Lyon Rav,4 h-, SEAL, MR, Rsdred Pater Q Pallets, Chair Emeritus ExedRna Bkedur. erl. Management Eb. Be Roaeunslah Dr. Popper/7ap CO. Erea . Rdsred William Q Shepherd awamm Nlov, , rna nmred NAUTICAL MUSEUM W P O R T H A R B O R N A U T I C A L M U S E U M August 6, 2007 Evelyn Tseng Revenue Division City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 RE: Bay Burger Company Dear Ms. Tseng: This letter of support is written on behalf of Christopher Roman and the Bay Burger Company at 600 E. Bay Avenue, Newport Beach. Christopher and his staff have brought a much needed vitality and energy to the Fun Zone. Most importantly, they have brought quality and good service. The food is delicious, I recommend the Caprese salad and for real sustenance the Cubano sandwich. When Christopher and his business partner Alex acquired Bay Burger Company it was in need of major improvements. Fortunately for the rest of us at the Fun Zone, they didn't hesitate and immediately improved the restaurant's appearance and created a user friendly environment. It went from a low scale beach burger but to an attractive cafe serving excellent food. The prices are reasonable and the quality has attracted a reliable clientele. The area has improved with Bay Burger Company. We would hope that the leadership of city government would be supportive of small businesses that make a positive difference in the community while providing a quality product and good service. The Newport Harbor Nautical Museum has been the beneficiary of the catering services provided by Bay Burger Company and our guests have been complimentary about the results. We look forward to continuing our relationship with them into the foreseeable future. It is our belief that the Balboa Village would be best served by having more cafes like Bay Burger Company. Thank you for your thoughtful consideration of Bay Burger Company. If you should any questions about this letter, please call me at 949.675.8915. i Si er MDuer \ Executive Director - Jmophvalwo (949) 675.8915 a Fax (949) 675.8864 -600 East Bay Avenue, Newport Beach, CA 92661 carer vanelo enemy James P. Wermmgmn Website: www.nhnm.org Sz enawnan wmml�wn Nnn« I� August 10, 2007 Evelyn Tseng Revenue Division City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Dear Ms. Tseng, Please accept this letter of recommendation on behalf of Christopher Roman an applicant for the Corona Del Mar beach foodservice operation. As a resident of the Balboa Peninsula, we have observed the successful start up and growth of the Bay Burger Restaurant at the Balboa Fun Zone /Nautical Museum site. Many of our neighbors and local business partners have commented upon the Bay Burger experience, namely, quality of food, creative menu, and a beach casual setting. It is another important part of the rebirth of the Balboa Village. Chris comes from a position of experience going back to the management of a successful New York neighborhood restaurant. But he also is a resident and understands the Newport Beach market and its visitors needs. He should be the operator in Corona Del Mad Another qualification getting overlooked in these RFP processes, Chris is demonstrating a strong sanitation, food safety, and housekeeping discipline which has been noted by the Nautical Museum staff and the Orange County Health Department whose inspector is a diner while in Balboa. Please give strong consideration to this exciting entrepreneur who is making an impact in Very Truly Yours, Timothy C. Collins T. C. Collins & Associates 3600 Birch Street, Newport Beach, CA 92660 (949) 863 -9099 www.tccollins.com S� SOUTHWEST RETAIL GROUP May 2, 2008 RE: Liquor License Approval To Whom It May Concern My name is Trent Goulette, Vice President of Sales and Leasing for Southwest Retail Group, Inc., a full service commercial real estate company that has been in business in Arizona for the better part of 20 years. I have lived in the valley for over 15 years and have been practicing commercial real estate for almost the same time, at the same firm practicing almost exclusively restaurant tenant representation. Over the years I have come to know the applicant very well, and have the utmost faith that they will and do act responsibly with respect to their restaurant operations. I am confident the granting of a liquor license to this applicant will pose no risk to your fine community. The granting of this application will further enhance the already unique restaurant experience and niche this applicant is providing to your community. Should you have any questions or concerns, please do not hesitate to contact me Sincerely, Trent J. Goulette SOUTHWEST RETAIL GROUP • 7527 E. First Street • Scottsdale, AZ 85251 148019&6 -fifi09 sy 4 X: BAL80A BEACON www BalboaBeacon cgm August 6, 2007 Evelyn Tseng Revenue Division City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Re: Corona Del Mar State Beach concession /restaurant Dear Evelyn, Christopher Roman, owner of BayBui87erCompanylocated in the Nautical Museum /Fun Zone dropped me a note that the City of Newport Beach is seeking an operator to run the concessions /restaurant at the new building for the Corona Del Mar State Beach project. In the short time Christopher has owned the Bay BurgerCompanyhis bill of fare has attracted not only visitors to his restaurant but the locals as a meeting place. We appreciate his selection of a diversified choice on his menu and reasonable pricing of food. His business Is successfully being run. His positive spirit toward the community would be a great contribution to the Corona Del Mar area. If given the opportunity, the potential of Christopher Roman as an operator of the food concession at the Corona del Mar State Beach would certainty be an asset for the City of Newport Beach. n Gay Wassail- Kelly, EditorNPublisher Bill Kelly, Technical Support POBox 4336 Newport Beach, CA 92661 949.673.9575 ph /fx a 55 Dail ,ROUND AWN dget proposal includes set improvements extend skate park. S4.8 million treat improvrmanto and six new employee poreldona are among highlights of the 5130.1 - million Igor Corte Mass officials am posing for the 2009.08 fiscal r, which begins July t There an erne of leer than 2% over the am year', spending, ,the new budget, ma cast of ?moons — mainly employee ides and benefits — would Has my 9% over 200&09 oparadoaal a, but capital Improvements add declare by more then 54%. he six new employee positions, as wouk be in the police ar merit, add about $329,000 udd be seem on police mfhnern. mployee salaries are still nothing of an unknown, because 'our of the chi employee gedning units will renegotiate it contracts this year City aisle were able M bell. the Iget by using nearly Se.6 million arty -over funds from the current r. To review Costa Mesa's posed budget vieit nvd.costs- mmarta.us. The City mull will vote on the budget .19. —Alicia Robinann TEAT CAUSE: Privacy Wear, a rco based clothing company, is sing a fashion show Thursday. shion show raises east cancer awareness edition store Solutions Canim I home fashionshow Thursday .rhmetion with Privary, Weer, a ritarfocusedmnraising brown serewamness. Nvacy, Wear commas up to 8% of oroceeds to breast cancer aromas and reward, and offers r mammogrems her woman hour Insurance or who meet .inmmo qualifications. livaey wear founder Carolyn sa' mother succumbed to breeat car five years ago, an s wamb she dBBCnbBa'se rvasteting" mess on Jonas directly and os' a full mnway show hem how 1 m 8,30 :30 p... For mom show pine i J:30 p.m. For roam >rms. cell mentl9Penni — AmaMePeirninipon 'A. Pilot WEDNESDAY MAY 16, 2007 DIG IN: Bay Burger owner Christopher Roman; left, holding the Bacon Cheeseburger, and his wee Kate Roman, right, holding the Shrimp Quesadilla with Roasted Com Salad, along the boardwalk at the Balboa Fun Zone. Bringing a `bit of N.Y. -flair' New owners of Bay Burger restaurant at Baltoa Fun Zone import style from the n Big Apple while keeping a laid -back beach-attitgde. By Amanda Pennington Daily Pilot BALBOA PPditaSUlA — Christopher Roman wanted m open: an inexpensive menswear, but the New Yorker knew them was no way he could dad in the Big Apple, m namretyhe ended up m- diang hu dream th thrifty Newport Beach. Come. again?. OK, so the real eetatEs pat sd;�eep hem etcher, but Rumen was able to open his say Burger resmu '.IU$(LIRE NEW'Ba`J Borger haS Un a complete r2lMd inside: - fault m the Balboa Pun Zane when the owners a fire buckling wen looking to Roman wfio studled art in co lege, N. hotels rntauunt set. It endetl up being a hooiecoming dlsearximm hs passian for re t moms Ramanwanted to start a re.tauranton for his wa@ wi,o grew up In Newport whole werbng at the Playa Hold m New Manhattan but couldn't afford it. Raman opened the restaurant in York January with the help of business pert- The Plasa's dsef took a tkmg to Be- ..AL. Garcia who created the onecau. m.,who Isar became a purcisaser for SeafW114 page. Alf Man arrested as DUI hit -and -run suspect Accident involvedvehiele Theaccidentvrurepunadjustbefore vapauenger,put<csuldP.whnpulas Ca[rvin 1- month -old; 6 p.m Monday oftealrhk Douglas Bar -. dhvm a h- }'eer-uld n ar, mceiced a rot ( g 190) We& ofuPomgra Avenue and abTh baby vas onto IoW hospital witnesses report sus dmveomofanau Wasu set and had been „von ejn'�y pa"` faro' 'q'tpeipa[epta;('asveraaW.ffowtlevlc- p oomedh very -uru x Ade,glwei +. n rlAtdie:Ftiten .N.,W+m.:nnx.::. Let the be ligh in fielc City Council apps Installation of ligi two more fields a Sports Complex ft Increased safety BO BO* Robinson -Daily Pilot COSTA MM — The r rally short supply of Gil Molds got a mull boon the City Coundh appm to light two more gelds Spans Camplez. Td already Bathes deem Road already have perm and paw the taro th case. conaples, will lighted The ou a The council voted ws apPmve lye Electric Ig . t Mh"fore Eleatic ]rte t high" for 9679,500. The , ,hm mina were o rare. w , enu N e 4-0 taro, with Aria Bever absent As well w adding the ASCRarsbr svW overhaul light make the on the two a make them more ens and reduce the amount apRh aver the edges been c pm Gents have been c more fields, espeaally l well leaderssa youth sea bat p cups saying they', competing Dfu am. Practice " Be. Ron Nugent. an exec Sea tl FROM TF NEWSRO( Gil was honest N r Eeck v9LL I,,, n F,,,,,mbwnd ro Fa - Petguxaif '. f the boos o_Gard!ess of the zobb sure. hu thing ha d All most rode) In TONY miect DODERO hFl inlroduwd a ra aludon Assembly cwt sated to to dispute that Japanes, were desahred to 'r. ramps; and be wanmdt to say that the euvemm t PI ear ;7 AS SATURDAY. MAY 10:1008 DAILY PILOT W ..DAILYPILOTCOM:: THE CROWD Lido I Ie party supports DARTS ;..,1 A F6 adtlkUeeihente of mMNnd was' prek�ntedt0 (yei'PcEEr Tho �; I Gfekl D§Ne KWg o(Priss in I LT1B. fl4 t z.; �Fe, 1 .- Wii¢ F1Wer'a WvaUan of 1 Hus51n W 1941 Ui NadH•i. `icciuM dth gte9ttiarogye', tisasu`re, dtvmanded'die room, intiie'Ikwakdye Selo l'alam4�% aml'shipped It to KOnigsbatg.; (Ie "mpwhOm It wee pm8ametl dearcoycdlry'the ' t d1Vn`fF4f'�a tGf i i jholperlRgqmn,�mycteneer r r,+ v0ro"onTy athWtu[DUCampe'„ Bpellbindmg refinueofla9todc liielgh"is; wtU�t cfu ® "ed tfie "r i �toyP� lif&�PPWg Lh.udumxY t eud2WtlPWtg lhbbamitl(u1 b6HetiWnecsxNedb- IhAtratde }i�"oue3eye r9mtmg, €totfied �eduleu�Ach'ef_ �J Ulrecoos{o[rogon ana wcy camera, ezecuave unectm;w `Gals Inc.sD donated: 545;000 each tothethree localy nonorofiLs� I ' The Bay Burger recently celebrated it's one year an- niversary in the Fun Zone. To thank the commu- nity that has supported him, local owner Christopher Roman, gave back by donating his time as a guest chef at one of Ensign Intermediate School's Cook- ing Class fund raisers. Christopher demonstrated his cooking skills with a menu of Mojitos, Cuba Libres, Cubano sandwiches, drunken shrimp and coleslaw. If you missed the class, you can still enjoy the same fabulous entrees (minus the cocktails) daily at the Bay Burger. Bay Burger is also available for take- out. Bay Burger is located at 600 East Bay Avenue and can be reached at (949)675 -0660 or www. baybu rg a rcom pa ny.com. Christopher is married to one of our local Peninsula Point girls, Kate Enriquez, who attended Ensign. afl FRIES4RINGS SIDES N-ENU Chicken flagm ...... .....................:........5 Choi" of French fries a froft Ned Cheese _ ...... ..............................5 Choice of French fries a Great Teamed PH & Bama- ................_.5 Choice of French fries a but Burger...................... ..............................5 Choice of French fries a firet risk & Chips.- ........ ..............................6 Saved with French fries Core Dog .... .... ... .... ... 5 Saved with French fries --------------------------------------------------- CATERING AVAILABLE Please contact Bay Boston Cafefeig fox more Inforcoadjoce 949.290.3978 into@bayburmcmp=y.com 'T : , A48211 [ fft 10 refill fore, 2" refill $1 S L fresh Squeezed Lemonade... 2....3.5 rovatain Sodas . .....................1.5....2.5 BOTTLED BEVERAGES Asserted Mike- , ......... CUP PINT QUART Idde Band -Cat French Fries - 2 - 3-- - 4,S Sweet Potato Fries .... .... ... ... ....... .. 3 . ............. ..... .... ... 4.5 ............ - -.4 Coleslaw . 2 - - - - - 1 Decal Cappuccino ....................25.......4 Beer-Raftered Oliess - A . ... ... - .4 . .... ...... 5,S rried Calamaxi ............. ....... ... 4.5 - , 5.5 615 VA Cheese Fries -- ... 3.5 ...... 4.5 .....................5.5 Mozzarella Stich ...... ...... -4.5- - 5,S 6.5 N-ENU Chicken flagm ...... .....................:........5 Choi" of French fries a froft Ned Cheese _ ...... ..............................5 Choice of French fries a Great Teamed PH & Bama- ................_.5 Choice of French fries a but Burger...................... ..............................5 Choice of French fries a firet risk & Chips.- ........ ..............................6 Saved with French fries Core Dog .... .... ... .... ... 5 Saved with French fries --------------------------------------------------- CATERING AVAILABLE Please contact Bay Boston Cafefeig fox more Inforcoadjoce 949.290.3978 into@bayburmcmp=y.com 'T : , A48211 [ fft 10 refill fore, 2" refill $1 S L fresh Squeezed Lemonade... 2....3.5 rovatain Sodas . .....................1.5....2.5 BOTTLED BEVERAGES Asserted Mike- , ......... ..... .. .... . 3 Apple juice, 3 Red Ed 3 Aragciata, 3 I � 11 Y-f-W S L Coffee ................1 2.5 N Decal Coffee 1.5....2.5 Espresso 1.5 2.5 Decal Espresso- 15-15 - -.4 Cappaccino ... . .. . ... ..... 15 4 Decal Cappuccino ....................25.......4 .......4 Latti..................... .....................25...:...4 .. - ...3.25 Decal Latte .......................... 2.5 A Extra Shot (Regular or Decal) I S L fresh Brewed Iced Tea 1.5 3 Arnold Palmer ,.- _..__.._..._.__.2 -3S Specially Sodas AS Chocolate or Strawberry Nes" . .... 3 Smootbies --- --- __--4 Pellegrino ............. .....................2.5....3.5 Evin . . — - ... - — -- 21 -1.5 S L Iced Coffee 2.5 4 Iced Decal Coffee .................2.5.......4 Iced Cappuccino ....................2.5..._..4 Iced Decaf Cappuccino 2.5_ - -.4 Iced Latte --15 -- .4 Iced Decaf Latte ....................2.5 .......4 Hot Chocolate , ... .. - ...3.25 Organic Tea........ ............................1.5 L lim 600 Last Bay Ave. Newport Reach, CA 9266I tel 949.95.0660 fax 04195M4 info@baybuigemmpasy.com www.bayborgenompany.com SPRING HOURS Monday 8=4pm Truesday earn - GPM Wednesday $Mro-Opern Thursday 8am-Spm Friday 8am-8pm Saturday hee4perro Saday 8aer-8pin BREAUAST saved dally room 8:00 to 11;00 rem The AlWs Sandwich .........._...,.... 6 Tire, ewe, thane, data it boson, haw, burger or storage. Sandddt Served with knit ad bomebia That parwka.aerved with bah Chambers, Damn, mmharrieR..._... I two Big Bear Omelet 8.5 Three agar. ban, kamr, power s. onion and ekes% choice of tout Saved with trmt ad bomatrie, Granola ................._. `:......__.- ...___S,5 Crawls + milk saved with maim ad X a bream Beeves Rancheros .............................8 2 Cora tonalm tapped with black Lao tam, Spiry chiohan ad tomes mina Eggs saved net any Bay Bmgw B unto ._ ..........................7 Three rambled edge, American shone, hemekim. km, boost Rd mina bema Sewed Seth fruit ad bit& ban same Holein One ......... ..............................2 Sovedmagh am em egg Bacon & Avocado Omelet ..................7 Than eggs, oboist of loan. Served with Rut and head Ties Vegetable Omelet .. ............................6.5 Thee epos, claim dterm; games, peppers, mak"ms. "garb + remains. Served with knit ad bwetrin TomOmelet ........... ..............................5 Three so% choice of loam. Served with knit m& [countries Additional hems, oak $1 Red peppers, mmhrooms, area, av"ado, hack bases. seemed anions, ball peppers. law. bacon, smaage, Amerieak ebediu, goal, urn, Materiel, lack Hot& & Banaaa ........ ............... .._..4 Two ante of toured sandwich, human Spread, bdf a beam ' $S SPECWaS NIl'bargera served with lettuce, tomato, Sabah pickles and coleslaw Fisherman Steve's Lumberjack Surfer Two ears wombed. Two eggs my style, Stacked homebim. One paste,, over America These, hme8ios, fresh knit choice d teal, 2 eggs emir am home of ham4 ad hwebiu ad shots of tout any style. Small coffee bwefries. Small Colree served as 10ndeack. Small radio, or soda or soda hdoied or soda melded Served with bud. indu&d Saul melee or soda iudoded BREAKFAST SIDES Bacon...... ............................... ......... 2 Ham............ ....................:........2 Sausage ............... ..............................2 Toast.... ............................... .........1 Sourdough, Wheat, Rye, 7 Crain + English ]Me N Lktra Egg Homicides. ... .. . .... ....... — .... 2 Natella & Toast .. ..................... ...... . 1.5 Oatmeal ......................... ......4 Saved with a bama + aais BURGERS & DOGGS NIl'bargera served with lettuce, tomato, Sabah pickles and coleslaw add ids SL data,, areaait mshum, Waded Saes. ialapedw, tried egg ,prom Classic Burger ... ............... -6 The Picnic ............. ........................... ....6 Bacon Burger.._ .. ...................._......_..7 Si.abadw trite a¢aim dam." ..............:. 9S RamaIlad , herder wmd-o a de. don, ruset..ed............ Wore. ask aw,,via eidq w.wd. bw.%ae Iola Wayne Buyer ........... ........... Care rimi Cl Mdrt tim Wma.d Io an. House Borger ....... .............................8.5 bag¢. deco bum ad hya (ftad fdo Turkey Burger .. ............................7.5 Veggie Burge r.... ....._ ............ ......_.... 6.5 Patty MeR ............ ..............................9 Cdhi elan 8da d«¢ Pend we 1106 gamed Dave's Battered Boger ...................7.5 hop red, alai. 1m The Local... ........... ......... ............ 6 Iowa h6 bated - an mlmlt.fiw nareic Hotdog ......... ..............................3 The Combo ...... ............................9.5 ktf Associate cheereborger wi0 a small try ad a sail drink kt SANDWICHES Chace of French tries, coleslaw, mixed greens or bosh fruit Add ids $I: cheese, decade, nshaoms. sauteed arms. ldapeles, fried eg, Sprav Toad I9sk ........................ _..........._.; .6 Chicken Cbti ..................................... .8.5 Served with letma, tomato, trot and Chicken breast with base lettuce, trade, piudee at awed wheat broad. Nake it a oaam, pickles 10 a trade bon melt fat adkiagd E2 Moore............. ...... .......................... ..... 9 Rowed suit ad sp¢al ham, pickles. mmnrd ad Swiss &cease served a pressed Freak dip roll rbtbmk Pastrami ................ ......... ..10.5 Grilled pastrami eo aye, melted swiss theme, aamiu m, Into island dressing pickle ad Frank Fria BLT...................... ............................5.5 Bate, lehece and tomato with garlic mate 10 tooted sosdough Avocado, aiditioad $1 FrenchDip ............. ............................9.5 RT Sirloin on french dip roll with Studied swine cheat and at In sae" DIMLY SOUP Served with herbed roll .............. sm. 3........................ Ig, S SALADS chicken breast or 2 UIS shrimp, additional $3 Fortunes Salad .. ........- .. ...... ............. 6 Srmd rind green with armed Same, around ball poppets, Nick hems. $tire truca, stages, camel MR salsa, stated mmhreau and ridge cheese. Cities vingrame Mediterranean.......... ............... .........15 Rmmai a green with sdsa back fete Chink kehssaa dives a coated rd peppers . Red win vinigrme Ceases...................... ....................:.........6 Romaine green with aemme and again these. Coesor dressing Seasonal Salad ........ ..............................9 field gmes, arDekrir. Lean, Nce these ambles, form emu, Ruler fresco and mama. Bdsemic vimgreac Tortilla .. ............................7.5 ' Rawaiae groom with salsa freak routed men salsa ad Nab beam. Chicken heat used tortilla. Routed an viaigreae Wedge............. ............................... 6.5 Iceberg When wedge men salsa fresce, dower, and blue cheat ambles. .. Buttermilk Blue Cheat Summit The messy Caddo Salad_ ...................0 Basin. chicken, avocadn, ag residues, bate, and Hue chaese ambles. Buttermilk Blue Choose dressing Crispy calamari .................--- - _9 Mead treem with Crispy ctiwui, Selsa Race and spmem. Bacep vingrma Spicy Chicken Sabd ...........................8 Roname gram. Chicken heart moriated in BBQ and hat am. Sala fresco and a hard-boiled eg Nmtord visiWeae SPECI JUALFIES BaySteak .......... .............................12 op a faced NY Sirloin Wilk French kin, new anion + ketchup or tented French relL Side of a its + aleslaw Old Fadden Turk ey ............................9 Over touted hockey, Aimee and crrhaccy relish on teamed smdorglh. Street with sweet potma fries Shrimp Cocktail .. ...................... ... ...... .11 5 BIS skimp served with a field green sued, homemade adlrl sauce, Cod emoo Fish & Chips .............. : ................... ..IO.5 Nahi-mahi s"Ted with Branch bin, lemon wedge, late Sam sea minim Quesad0la............... ..............................8 Choice of dunken, aspects, steak or plain Served with stba fresck avocado at touted can Salta Fisherman Two eggs scrabbled, Hmerican cheese, bacon, and homefries served on sourdough. Day steak Open faced NY Sirloin with French fries, row onion + ketchup on toasted French roll. t'. - The Local Burger fully loaded. ftftj �0 / rP ._ n4. Old Fashion Turkey Oven roasted turkey, stuffing and cranberry relish on toasted sourdough. John Wayne Burger Onion rings, Cheddar cheese, bacon, and bbq sauce. Fish & Chips Mahi -mahi served with French fries, lemon wedge, tartar sauce and coleslaw. �L Romanowski Burger, hot dog, swiss, pickle, mustard, kraut, rye.. W! Bacon, lettuce and tomato with garlic mayo on toasted sourdough. Coleslaw Apple cider coleslaw. I I 4a Exhibit No. 5 Project Plans W i; E$� 3gdill E �m �. Al LMMM t Qnor V�sua•�swrc 8 2 pfS'•`. p38�� PA2007 -219 for UP2007 -027 909 E Bay Avenue #A -7 FLOOR PLAN DATE OF MEETING: - MWPbAT DAY i I y j ti N. F. ♦ ` •I y�r}vZ \: �\ lip .. I 'F• 1 Ab .f` 7yC r.. � 1. i 1 •� YJ.' � i +� 4 ••� �� PROJECTSITE I b .•+�, ";'... .A n -O _ ••n.. cd -T l;d � I � � t .. axuwa Y.l i i TRASH' ib•1 AS BUILT gL E"T. 8AV AVEIAIE y _ J ' to A� ry — .. -'.:ec �•+.�.. a... ^ .� -nom, 4s es r NOTICE OF PUBLIC HEARING Bay Burger (PA2007 -219) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Bay Burger Company for Use Permit No. 2007 -027 on the property located at 600 E. Bay Avenue #A -7. An appeal of the Planning Commission's denial to allow a Type 41 ABC, license for the on -sale of beer and wine in conjunction with the operations of an existing restaurant. The property is located in the Specific Plan #8 (Central Balboa Specific Plan Area) District. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on May 27. 2008, at the hour of 7:00 P.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. �xl� M LaVonne M. Harkless, City Clerk City of Newport Beach Easy Peel Labels i ♦ e rudior r� PA2007 -219 for UP2007 -027 Use Averye TEMPiATE 5160® iFeed Paper for Eas Peel F 600 E. Bay Avenue #A -7 DATE OF METING: - ERSHIP MAILING LIST & LABELS 600 E BAY AVE. NEWPORT BEACH, CA 92663 3. 1. 2. APN: 048- 133-04 APN: 048- 112 -20 APN: 048- 133 - 05,07,08 BALBOA MANOR LLC NHNM PRQP HOLDINGS LLC JOHN WESTREM TRUST %BALBO MANOR LLC 151 E. PACIFIC COAST HWY. 1006 E. BALBOA BLVD. 400 MAIN ST. NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92661 4. 5. 6. APN: 048 - 133-06 APN: 048 - 133 -17 APN: 048 - 133 -10 C. HERBERTS TRUST AIRCRAFT ANALYSTS N. HANNAFORD TRUST 2290 CHANNEL RD. 1122 LORING ST. 456 SERRA DR. NEWPORT BEACH, CA 92661 SAN DIEGO, CA 92109 CORONA DEL MAR, CA 92625 8. 7. APN: 048 -131 -07 9. ZP 048- 131 -06 KATHLEEN WALLEN APN: 048 -131 -08 WINETSKY TRUST C/O SADDLEBACK MOBELODGE HOLLEY SOUTHWESTERN '1042 N. MTN. AVE. #B449 55-415 MEDAL LIST 4306 SPINDRIFT WAY UPLAND, CA 91786 LA QUINTA, CA 92253 NEWPORT BEACH, CA 92663 11. 10. APN: 048 -13401 12. APN: 048 -131 -09 COMMERCIAL APN: 048 -134 -02 J.T. BOGEL AVALLONE D'AUILA TRUST 564 S. SUNKIST ST. 1367 AVENIDA DE CORTEZ 1235 OFOXFORD RD. ANAHEIM, CA 92806 PACIFIC PALISADES, CA 90272 LA VERNE, CA 91750 13. APN: 048- 13405, 048 -135 -02 048- 116 -06,048 - 112 -13 14. '15. CITY OF NEWPORT BEACH APN: 048- 134 -03, 04 APN: 048 - 135-09 3300 NEWPORT BLVD. M. FUCHS TRUST E. COLLINS TRUST P.O. BOX 1768 P.O. BOX 686 421 KINGS RD. NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92663 16. '17. 18. APN: 048 -135-03 APN: 048- 135 -04 APN: 048- 135 -05 MALAZIAN TRUST V. BARNETT TRUST WILSON TRUST 2727 W. BLUFF AVE. #128 105 7T" ST. 913 W. BAY AVE. FRESNO, CA 93711 NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92661 19. 20. 21. APN: 048- 123 -13 APN: 048- 123 -15 APN: 048- 123 -14 NO OWNER LISTED NO OWNER LISTED NO OWNER LISTED ON O.C. TAX ASSESSOR ON O.C. TAX ASSESSOR ON O.C. TAX ASSESSOR ROLL ROLL ROLL 23. 24. 22. APN: 048 -123 -02 APN: 048- 123-01 APN: 048 -123 -03 LANCO NEWPORT BAABOA LLC WALTER ADAMS Clo PAUL LANGONE C/O LEE SHU -YUA 1605 E. BALBOA BLVD. 603 E. BALBOA BLVD. 8923 LINDANTE DR. !NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92661 WHITTIER, CA 90603 25. 26. 27, APN: 048 -122 -07 APN: 048- 122 -06 :APN: 048 -116-05 SHOFF TRUST J.F. GUCCIARDO LEVON GUGASIAN .111 PALM ST. P.O. BOX 543 11 RIDGELINE DR. NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92660 ENquetfies faelles 6 Paler ♦ Consuka la feuille vwvw.avery mn Iutluwz Ia anharit AVFRV® 511RAS Sens de charaement d7nctmctlr I -P1w1. .AVrRv Easy Peel Labels 1 ♦ See Instruction Sheet i ® QAVERY 851600 1 Use Avery® TEMPLATE 51600 treed Paper for Easy Peel Feature j j 28. 29. 30. APN: 048-115 -11 APN: 048 - 115-12 APN: 048 -115 -07 H. SINGH MINER PROPERTIES 500 EAST BLABOA LLC 510 E. BALBOA BLVD. 1008 E. BALBOA BLVD. 1203 N. BAYFRONT NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92662 32. 31. APN: 048- 115 -14 33. APN: 048- 115 -13 206 ADAMS STREET APN: 048- 115-09 SAUNDERS TRUST C/O MARCIA M. DOSSEY L. FAITH TRUST 204 ADAMS ST. 177 RIVERSIDE DR. #F2654 134 W. LIME AVE. NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92663 MONROVIA, CA 91016 34. 35. 36. APN: 048 -115-04 APN: 048- 115 -15 APN: 048- 115-02 K.S. PATTON 505-07 BAY LLC K KAVOUSSI 6254 PARIMA ST. 4601 COLDWATER CNY. AVE. #201 4303 JAMES CASEY ST. #A LONG BEACH, CA 90803 STUDIO CITY, CA 91604 AUSTIN, TX 78745 37. 39. APN: 048 -115 -01 38. APN: 048- 113-13 TJAC LLC APN: 048 -114 -05 % CAMERON CRIPPS TIMOTHY MORGON NO OWNER LISTED 949 UNIVERSITY AVE. 26572 SADDLEBACK DR. ON O.C. TAX ASSESSOR BURBANK, CA 91504 MISSION VIEJO, CA 92691 ROLL 40. 41. 42. 'APN: 048- 111 -27 APN: 048 -111 -26 APN: 048- 111 -28 PETER VANDEZILVER O'LOUGLIN TRUST FRANKLIN COFFMAN 426 E. BAY AVE. 428 E. BAY AVE. 430 E. BAY AVE. NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92661 43. 44. 45. APN: 048- 111 -31 APN: 048 - 111 -29 APN: 048- 111 -10 PAUL R. EVANS TRUST ARGUINZONI TRUST T. OXLEY 333 ONYX AVE. 3047 JOY ST. P.O. BOX 33504 :NEWPORT BEACH, CA 92662 WEST COVINA, CA 91791 NORTH GLENN, CO 80233 46. 48. APN: 048-112-09,19,18 47. APN: 050 - 042 -11 P. HADDEN TRUST APN: 048- 112 -21, 22, 23 STROMQUIST TRUST :C/O D. SALISBURY VALLELY INVESTMENTS LP ATTN. EARL CARSON 17042 GILLETTE AVE. 508 S BAY FRONT P.O. BOX 2066 IRVINE, CA 92614 NEWPORT BEACH, CA 92662 THOUSAND OAKS, CA 91358 49. 50. 51. APN: 050 - 042 -12 APN: 050- 042 -27 APN: 050-042 -26 :WATSON TRUST HURD TRUST M.J. VAIL 11141 RODEO RD. P.O. BOX 4172 ,306 S. BAY FRONT ARCADIA, CA 91006 NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92661 52. 53. 54. .APN: 050-042 -28 APN: 050-042 -15 APN: 050 - 042 -16 DAVID DAHL V ADAMS ENTERPRISES L.P. KUPPER TRUST 1199 HARBOUR COVE CT. 1128 E. BALBOA BLVD. 113 PEARL AVE. !SPARKS, NV 89343 NEWPORT BEACH, CA 92661 NEWPORT BEACH, CA 92662 55. 56. 57. :APN: 050- 042 -17 APN: 050 -042 -18 APN: 050-043 -07 KUPPER TRUST YEE TRUST RODMAN MAXSON 113 PEARL AVE. 115 PEARL AVE. 128 TOPAZ AVE. NEWPORT BEACH, CA 92662 NEWPORT BEACH, CA 92662 NEWPORT BEACH, CA 92662 @tiquettesfacilesapeler ♦ Consultez la feuille WWWVA"rycom I rtince> la naharit AVFRVO RIOUP Sens de chain ment d'inctnir inn 1- Rnn- rMAVFRV Easy Peel Labels Use Avee TEMPLATE 51600 58. APN: 050-043 -08 BUTTERWORTH TRUST 114 PEARLAVE. NEWPORT BEACH, CA 92662 61. APN: 050-043 -11 E. TARR TRUST 108 PEARL AVE. NEWPORT BEACH, CA 92662 64. APN: 050 - 043-14 CHRISTIE TRUST 404 S. BAY FRONT NEWPORT BEACH, CA 92652 67. APN: 050 - 043-17 BARTON BEEK 410 BAY FRONT NEWPORT BEACH, CA 92662 70. .APN: 050-052 -24 'J. PARKHURST TRUST 107 OPAL AVE. 'NEWPORT BEACH, CA 92662 73. APN: 050-052 -21 'LYNN TAYLOR BROWN 1406 VIVIAN LN. NEWPORT BEACH, CA 920W 76. APN: 050-052 -18 ROBERT KUPPER TRUST 113 PEARL AVE. NEWPORT BEACH, CA 92662 79. APN: 050 -052 -14 V. VALLELY TRUST '508 S. BAY FRONT ,NEWPORT BEACH, CA 92662 82. . APN: 050-052 -34 PRICKETT TRUST 173 BROOKSIDE 'BREA, CA 92821 65. ';APN: 050-052 -08 'GIKAS TRUST 119 OPAL AVE. NEWPORT BEACH, CA 92662 ®i • See Instruction Sheet AVERY® 5160® i iFeed Paper for Easy Peel Feature V 59. 60. APN: 050-043 -09 APN: 050-04310 RACHEL STULL MILLER TRUST 1850 STALLION DR. 110 PEARL AVE. SANTA YNEZ, CA 93460 NEWPORT BEACH, CA 92662 62. 63. APN: 050-043 -12 APN: 050 -043 -13 GLONICK TRUST V. SHERREITT 2865 GRACELAND WY. 1400 S. BAY FRONT #5 GLENDALE, CA 91206 NEWPORT BEACH, CA 92662 65. 66. APN: 050 - 043-15 APN: 050-043 -18 BEEK TRUST B. BEEK TRUST 410 S. BAY FRONT 410 BAY FRONT NEWPORT BEACH, CA 92662 NEWPORT BEACH, CA 92662 68. APN: 050 -043-29 69. CITY OF NEWPORT BEACH APN: 050 -043 -31 3300 NEWPORT BLVD. STONE TRUST P.O. BOX 1768 121 AGATE AVE. NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92662 71. 72. APN: 050 - 052 -23 APN: 050 - 052 -22 CAROLYN CARR CANCILLA TRUST 118 AGATE AVE. 2902 STONE PINE NEWPORT BEACH, CA 92662 ORANGE, CA 92867 74. 75. APN: 050-052 -20 APN: 050-052 -19 LA PLANTE TRUST DBSR INC. 119 TURQUOISE AVE. 110 AGATE AVE. NEWPORT BEACH, CA 92662 NEWPORT BEACH, CA 92662 78. 77. APN: 050- 052 -15 APN: 050-052 -037 TELLER TRUST 504 S. BAYRFONT NO OWNER LISTED NEWPORT BEACH, CA 92662 80. 81. APN: 050 -052 -13 APN: 050-052 -33 BIDART TRUST PARKHURST TRUST 307 S OLEANDER AVE. 107 OPAL AVE. BAKERSFIELD, CA 93304 :NEWPORT BEACH, CA 92662 83. :84. APN: 050 - 052-38 APN: 050 -052 -09 KALLESTAD TRUST WHIPPLE TRUST 115 OPAL AVE. 117 OPAL AVE. NEWPORT BEACH, CA 92662 NEWPORT BEACH, CA 92662 86. 87. APN: 050 -052 -07 APN: 050 -051 -029 B. SCHWEITZER P.O. BOX 5306 NO OWNER LISTED NEWPORT BEACH, CA 92662 ttiquettes faciles a peter • Consukez la feuille www.averycom Utillsez le aabarit AVERY® 51600 Sens de charaement d'instructlon 1- 800-GO-AVERY Easy Peel Labels Use Avery® TEMPLATE 51600 88. APN: 050 - 051 -28 JAMESJONES 118 OPAL AVE. NEWPORT BEACH, CA 92662 91. APN: 050 - 051 -25 JOHN DAVIES 1259 WESTERN AVE. WESTFIELD, MA 01085 94. APN: 050 - 051 -22 HOWARD KATZ 19201 MAYALL ST. NORTHRIDGE, CA 91324 97. APN: 050-051-19 J. TORRIBIO 516 S. BAY FRONT NEWPORT BEACH,. CA 92662 100. APN: 050 - 051 -16 GREEN TRUST P.O. BOX 81498 BAKERSFIELD, CA 93380 103. APN: 050 - 051 -13 ZIEGLER TRUST 113 TOPAZ AVE. .NEWPORT BEACH, CA 92662 106. APN: 050 - 051 -10 KELLEHER TRUST 119 TOPAZ AVE. NEWPORT BEACH, CA 92662 109. APN: 050 - 063-19 ,ROBERT BORLAND 112 TOPAZ AVE. NEWPORT BEACH, CA 92662 112. APN: 050 -W3-18 'ERIC PEPYS 526 S. BAY FRONT NEWPORT BEACH, CA 92662 115. APN: 048 -135 -07 : BALBOA INN LLC .M. POURMUSSA 105 MAIN ST. NEWPORT BEACH, CA 92662 T L�DAVERY 051600 1 A See Instruction Sheet = ifeed Paper for Easy Peel feature j ® 1 89. 90. APN: 050- 051 -27 APN: 050 -051 -26 MAXINE DENAUT TRUST DENNIS DOOLEY 116 OPAL AVE. 1114 OPAL AVE. UNIT B NEWPORT BEACH, CA 92662 NEWPORT BEACH, CA 92662 92. APN: 050 -051 -24 MCCOMB TRUST 110 OPAL AVE. NEWPORT BEACH, CA 92662 95. APN: 050 -052 -21 JON DING 512 S. BAY FRONT NEWPORT BEACH, CA 92662 98. APN: 050 - 051 -18 WALTER BROWN 5635 N. SCOTTSDALE RD. #150 SCOTTSDALE, AZ 85250 101. APN: 050 - 051 -15 JONES TRUST 4492 FOOTHILL RD. CARPINTERIA, CA 93013 93. APN: 050-051 -23 SCHILDMEYER TRUST 108 OPAL AVE NEWPORT BEACH, CA 92662 96. APN: 050 -051 -20 L.R. SEARING TRUST, 60 WISTERIA AVE. ARCADIA, CA 91007 99. APN: 050 - 051 -17 BALBOA OBRIEN LLC 1492 E. SPRING LN. HOLLADAY, UT 84117 102. APN: 050-051 -14 BETTY MARSHSALL BERISH 111 TOPAZ AVE. NEWPORT BEACH, CA 92662 104. 105. APN: 050-051 -12 APN: 050 - 051 -11 115 TOPAZ LLC ELIZABETH CURTIN 450 NEWPORT CENTER DR. STE #370 13706 CAPSTAN CIR. NEWPORT BEACH, CA 92662 !WESTLAKE VILLAGE, CA 91361 107. APN: 050-051 -09 WILLIAM MURRAY 121 TOPAZ AVE. NEWPORT BEACH, CA 92662 110. APN: 050 - 063-18 SETON TRUST 110 TOPAZ AVE. NEWPORT BEACH, CA 92662 113. APN: 050- 063 -15 SEYMOUR BEEK 410 S. BAY FRONT NEWPORT BEACH, CA 92662 .116. APN: 048- 135 -11 .VICTOR SHERREITT 400 S BAY FRONT NEWPORT BEACH, CA 92662 108. 050- 063-20 BORLAND TRUST 112 TOPAZ AVE. ,NEWPORT BEACH, CA 92662 111. APN: 050 - 063-17 DAVID ALLEN BROOKS 323 W. GRAND AVE. EL SEGUNDO, CA 90245 114. APN: 048- 132 -19 D.BONADONNA 16915 EDGEWATER LN. ,HUNTINGTON BEACH, CA 92649 117. APN: 048- 135 -10 READJAMES P.O. BOX 780 .NEWPORT BEACH, CA 92661 Etiquettes faciles h paler A Consultez la feuille www.averycom Utilisez le gabarit AVERY® 51600 Sens de chargement d'instrucdon 1- 800 -GO -AVERY Easy Peel Labels Use Avery® TEMPLATE 51600 118. APN: 048- 135-12 700 EAST OCEANFRONT LLC 1605 SAN VICENTE BLVD. SANTA MONICA, CA 90402 121. APN: 048 -122 -03 GEORGE KLIORIKAITIS 2421 MARGARET DR. NEWPORT BEACH, CA 92663 ZONING & LAND USE SOL. 4114 E. ELM AVE. #14 LONG BEACH, CA 90807 Balboa Village BID Bob Black P. O. Box 840 Balboa, CA 92661 Balboa Village BID Bob Black P.O. Box 840 Balboa, CA 92661 ®09LSGAH3AV 9 See Instruction Sheet AVERY ®5160® i ® !Feed Paper for Easy Peel Feature! ® j 119. 120. APN: 048 - 122 -05 APN: 048 - 171 -04 ROSE TRUST MITCHELL PROP. LLC 3190 SONRISA DR. 21520 YORBA LINDA BLVD. #447 CORONA, CA 92881 YORBA LINDA, CA 92887 APPLICANT: 600 E. BAY AVE. NEWPORT BEACH, CA 92661 ®Tajnlm:llead (seajo} =1aa45 uoPXLI1sul ea5 8!• BERNARD & ASSOCIATES C/O M. CHO, ESQ. 3991 MACARTHUR BLVD. #340 NEWPORT BEACH, CA 92660 T ® ®0915 31V1dw3.L efimv asn jaded peed slmlel load 6se3 Btiquettes fadles 6 polar ♦ consakn IS foullle www.averymn Utilisez le aabarit AVERY® 51600 Sens de chargement d'instruNon 1- 800 -GO -AVERY NOTICE OF PUBLIC HEARING Bay Burger (PA2007 -219) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Bay Burger Company for Use Permit No. 2007 -027 on the property located at 600 E. Bay Avenue #A -7. An appeal of the Planning Commission's denial to allow a Type 41 ABC license for the on -sale of beer and wine in conjunction with the operations of an existing restaurant. The property is located in the Specific Plan #8 (Central Balboa Specific Plan Area) District. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on May 27, 2008, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. NOTE: The expense of this notice is paid from a filing fee collected from the applicant aVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Bay Burger (PA2007 -219) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Bay Burger Company for Use Permit No. 2007 -027 on the property located at 600 E. Bay Avenue #A -7. An appeal of the Planning Commission's denial to allow a Type 41 ABC license for the on -sale of beer and wine in conjunction with the operations of an existing restaurant. The property is located in the Specific Plan #8 (Central Balboa Specific Plan Area) District. , This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on May 27. 2008, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. NOTE: The expense of this notice is paid from a filing fee collected from the applicant LaVonne M. Harkless, City Clerk City of Newport Beach AFFIDAVIT OF POSTING 7 aTi,3 IqJll 4 tm io: 4 7 On P 2008, 1 posted the Notice Public Hearing regarding: Date of Hearing: May 27, 2008 Bay Burger (PA2007-219) 04/10/2008 15:38 949 - 263 -0229 BERNARD & ASSOCIAILS rAUL nzrn� 9496750F`" p.2 Apr 08 08 12:271) FORK KNIFE AND DON - uoruaravva i CITY OF NEWPORT BEACH i App)iration No, pA2007 219 ( y Burger NameofAppellant Michael _Cho, Esq. for Phone: (una) 2H -1511 or person fling: Bev $11SS1� Address: 3291 c thur Blvd. Suite 340 Newport Beach cA 92660 Date of Planning Commission decision: Alpri 1 3 .2006 Regarding application of: Bay Bur er Com an for (Description of appticationRed with Planning Commission) Request for the approval of rn ri !- 3Sl➢.aL— Q - -pmrm * , to al I aw t p s l crF In and WiDP fOI an e isting restaurant located at 600 Bay Avenue NA -7 (Fun Zone). Reasons for Appeal: Planning Commission denied the CUP request and erred in �nnvidmri a4 th e_nrono m�7 conditions of approval provided by the aff and Police DepArtment The CUP if. approved -with the wnuirl AdIP4"AtEly mitiaat�he_ ^–^^"�rained relativ /�to alcohol service. �II WC _. /'\ .,ti..: ..�,..,i.er unman _ Date 4/10/2008 Company, LLC- :Manager FOR OFFICE USE ONLY n Date Appeal flied and Administrative Fee received: _ V - 20, _Hoari% Date. An appeal shall be scheduled for a hearing before t he City Council within slaty (60) days of the. ling of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sea 20.95.060) Appellant planning (fumleh ono set Of maiing labors for marline) . APPEALS: Municipal Code Sec. 20.95.050(6) Appeal F'ee: $340 pursuani to Resolution No. 2006 4sdoptad on 1-10-06 - (Dance t funds with Cashier in Account !(2700 -5000) CI'T'Y OF NE PORT BEACH ADMINISTRATIVE SERVICES uIV_� 3300NER'PORTBLVD.. P.O. BOX 7763, NF_WPOI2T BEACH, CA 9 2658 -8915 �9<irn a" RECEIVED BY: PERRYI 'PODAY'S DATE: 04/10/08 27005000 ZONING & SUBDIVISION F � I RECEIPT NUMBER: 01000083419 PAYOR: BAY BURGER COMPANY, REGISTER DATE: 04/11/08 TIME: 16:42:15 $340.00 --------------- - TOTAL DUE: $340.00 CASH PAID CHECK PAID CHECK NO TENDERED CHANGE $,00 $340.00 1925 $340.00 $.00 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: May 17, 2008 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 19, 2008 at Costa Mesa, California. Signat re i; LJ ilgP =;Y23 Ay 9,41 NOME N PUBU( HEARING N071CL IS HEREBY GIVEN that the City Council of the City of Newport Beach will hoe a public hearing on the application of Bay Burger Company for Use Permit No. 2007 -027 on the property, located at 60D E. Bay Aaenue #A 7, An appeal of the Planning CommLsson's denial to al- low a Type 41 ABC license for the on -sale of beer and wine in conjunction with the operations of an existing restauram. The Property is located in the SpeciFk Plan N8 (Central Balboa Specific Plan Area) Dishict. This project has been de termined to be categon- cally exempt under the requirements of the Cali- fornia Environmental Qual- itY Act under Class I (Existing Facilities). NOTICE IS HEREBY FIAA THEIR GIVEN that said public hearing wdl be held on May 27, 2008, at the hour of 7.100 Pm in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard Newport Beach. Caldorroa. it which time and place any and all persons inter ested may appear and be turd thereon if you chat enge this project in court, Pool may be limited to aising only those issues 'ou or someone else used at the public hut 19 described m this no. ice or in written cor- Dspondence delivered to V City at or poor to. ae public hearing. For ,formation call (949) 4t -3200 TOTE: The expense of us notice is paid from a ling fee collected from le applicant. Laverne M. Haratess, City Clerk City of Newport Beach ablished Newport Beach/ afa Mesa Early Pilot ay 17, 2008 5096 IN