Loading...
HomeMy WebLinkAbout18 - Chronic Tacos - Appeal of Planning Commission DecisionCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No.)_ September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Russell Bunim, Assistant Planner 949 - 644 -3233, rbunim @newportbeachca.gov SUBJECT: An appeal of the Planning Commission's denial of a use permit for a full - service, high turnover eating and drinking establishment with beer and wine service and a use permit for a parking waiver (Chronic Tacos) for a property located at 4525 West Coast Highway. APPLICANT/ APPECANT: Dan Biello ISSUE: Should the City Council approve, modify, or disapprove the Planning Commission's disapproval of Use Permit No. UP2009 -012 and Use Permit No. 2009 -020? RECOMMENDATION: 1) Conduct a public hearing; and 2) Adopt Resolution No. (Attachment No. CC1) denying the appeal and upholding and affirming the decision of the Planning Commission to disapprove Use Permit No. UP2009 -012 and Use Permit No. UP2009 -020. Chronic Tacos Appeal to City Council September 22, 2009 Page 2 INTRODUCTION Proiect Setting The project is located at 4525 West Coast Highway on the southeast corner of West Coast Highway and Balboa Boulevard. The existing eating and drinking establishment is situated in a multi- tenant, retail center that includes restaurants, convenience stores, and shops. Project Description The applicant proposed a change in land use from a take -out service, limited eating and drinking establishment to a full - service, high turnover eating and drinking establishment. The proposed changes in operational characteristics include: • An increase in net public area' from 100 to 1,065 square feet (660 to 2,160 gross square feet); • The introduction of alcoholic beverage service with a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license; Proposed hours of operation of 7:00 a.m. to 12:00 a.m. (take -out section) and 7:00 a.m. to 10:00 p.m. (dining section). The application also includes a request for a parking waiver as the proposed use requires 18 parking spaces more than the previous retail shop tenant. Subsequent to the Planning Commission disapproving the application, the applicant revised the application as discussed in 'The Appeal and Revisions to the Project' section of this report. DISCUSSION: Planning Commission Action On June 18, 2009, the Planning Commission voted (5 ayes and 2 noes) to disapprove the use permit applications with the following findings pursuant to Chapter 20.89 (Alcoholic Beverage Outlets) and Chapter 20.66 (Off- Street Parking and Loading Regulations) of Newport Beach Municipal Code (NBMC). 1 Net Public Area — The total area used to serve customers, including, but not limited to, customer sales and display area, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. Chronic Tacos Appeal to City Council September 22, 2009 Page 3 • Public convenience or necessity would not be served as five of the 12 tenants spaces in the neighborhood commercial center are already alcoholic beverage outlets. (NBMC Section 20.89.030.8.1) • During the 2008 calendar year, there were 6,637 crimes reported citywide. Reporting District No. 16, which includes the project site, had a total of 329 reported crimes as compared to the citywide average for reporting districts of 178 reported crimes. This equates to 151 crimes more, or 84.83 percent above the citywide reporting district average. (NBMC Section 20.89.030.8.2) • The parking study conducted in April 2009 provided parking counts in 30- minute intervals that showed there was sufficient available parking on site for the expansion; however, the Planning Commission determined that none of the findings in Section 20.66.100 of the NBMC could be made, because the parking study did not include a discussion of the significance of the following characteristics of the project site: • 20 minute parking spaces • Trucks off - loading in the drive aisles • Small compact size spaces • Towing of vehicles • Cabs waiting for fares o Vehicles parked lengthwise with a trailers using multiple spaces o Customers walking, bicycling, and skateboarding to the site The Planning Commission resolution, staff report and minutes are attached (Attachment No. CC2). The Appeal and Revisions to the Proiect Dan Biello, applicant and owner of Chronic Tacos, appealed the Planning Commission's decision on July 2, 2009, pursuant to Section 20.95.060.0 of the NBMC, which allows the City Council, on appeal, to consider project - related materials not considered by the Planning Commission. Mr. Biello revised the proposed project subsequent to the Planning Commission disapproval and the changes may be considered by the City Council if deemed relevant. The revisions include: • Reduction of the overall net public area from 1,065 square feet to 840 square feet. Chronic Tacos Appeal to City Council September 22, 2009 Page 4 • Removal of the beer and wine bar and bar stools. Beer and wine must be ordered at the counter. • Reduction in the number of televisions from 15 to 2 (two). • Revision to the operation plan such that all food and beverages must be ordered and picked up at the counter. • Reduction of the number of parking spaces to be waived from 18 spaces to 12 and the overall parking waiver from 40 spaces to 34 spaces. • Preparation of a new parking study by Walker Parking Consultants (Walker), a parking consulting firm, to address the Planning Commission's comments regarding inadequacy of a parking study. (Attachment No. CC3) Walker Parking Consultants — New Parking Study Walker conducted a study in August 2009 and used data collected from parking study in April 2009 (Attachment No. CC4) to compare peak (August) and off -peak (April) times of the year. Walker analyzed the issues raised by the Planning Commission including compact - sized spaces, time - limited spaces, delivery trucks blocking spaces, storage containers in spaces, and patrons that walk, bicycle and skateboard to the site. Walker does not anticipate that the expansion of the existing eating and drinking establishment would negatively impact the parking at the project site. Neither counts (August or April) showed a condition where the actual demand exceeded the supply; however, Walker projected that there may be a few occasions during peak summer conditions where actual demand exceeds the projected demand, but Walker's experience indicates this will occur relatively few times. (See Attachment No. CC5 to view the revised project plans) Police Department Review Subsequent to the Planning Commission hearing, the Police Department (PD) reviewed the revised project in light of the Planning Commission findings (See Attachment No. CC6). The PD is required to spend a substantial amount of time and resources policing this area for issues including noise complaints, public drunkenness and driving under the influence (DUI) enforcement. The project area experiences heavy vehicular and pedestrian congestion on weekends, holidays and summer months; however, the PD states that in order to maintain the health, safety and welfare of the community, the dining section of the restaurant should close at 10:00 p.m., which has been proposed by Chronic Tacos Appeal to City Council September 22, 2009 Page 5 the applicant. The PD has provided conditions of approval for the application if the City Council decides to approve the applicant's appeal. Conclusion Staffs recommendation is to uphold and affirm the Planning Commission's action to disapprove the application based on the Planning Commission findings. Environmental Review: The project qualifies for a categorical exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. The expansion of the existing eating and drinking establishment into an adjacent 1,500- square -foot tenant space is a conversion of an existing small structure from one use to another, and only minor modifications are being made to the structure. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posed at City Hall and on the City website. Prepared by: Submitted by: R sell, gurfirn, Assistant Planner Davi Lepo, g Director Attachments: No. CC1 — Resolution No. (denying appeal) No. CC2 — Draft Planning Commission Disapproval Resolution Planning Commission Staff Report Planning Commission minutes from June 18, 2009, hearing No. CC3 —Walker Parking Consultants Parking Study No. CC4 —April Parking Study Counts No. CC5 — Project Plans No. CC6 — Police Department Memorandum RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DISSAPROVE USE PERMIT NO. UP2009 -012 FOR AN EATING AND DRINKING ESTABLISHMENT WITH A TYPE 41 (ON-SALE BEER AND WINE) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE AND DISAPPROVING USE PERMIT NO. 2009 -020 FOR A PARKING WAIVER (PA 2009 -050) FOR A PROPERTY LOCATED AT 4525 WEST COAST HIGHWAY. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: 1. An application was filed by Dan Biello, with respect to property located at 4525 West Coast Highway, and legally described as a portion of a Banning Ranch Tract No. 6385 of a record of survey map book 27, page 47 and a portion of Parcel Map 207 -1 as recorded within the County of Orange, at the County Recorders office within the State of California requesting approval of a use permit. 2. The applicant proposed a change in land use from a take -out service, limited eating and drinking establishment to a full - service, high turnover eating and drinking establishment. The proposed changes in operational characteristics include: • An increase in net public area' from 100 to 1,065 square feet (660 to 2,160 gross square feet); • The introduction of alcoholic beverage service with a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license; • Proposed hours of operation of 7:00 a.m. to 12:00 a.m. (take -out section) and 7:00 a.m. to 10:00 p.m. (dining section). The application also includes a request for a parking waiver as the proposed use requires 18 parking spaces more than the previous retail shop tenant. 3. The subject property is located within the Retail Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. A public hearing was held on September 22, 2009 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 Newport Beach Municipal ' Net Public Area — The total area used to serve customers, including, but not limited to, customer sales and display area, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. I City Council Resolution No. PC2009 -_ Paae 2 of 2 Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 5. On June 18, 2009, the Planning Commission disapproved the use permit applications with the following findings pursuant to Chapter 20.89 (Alcoholic Beverage Outlets) and Chapter 20.66 (Off - Street Parking and Loading Regulations) of Newport Beach Municipal Code (NBMC): • Public convenience or necessity would not be served as five of the 12 tenants spaces in the neighborhood commercial center are already alcoholic beverage outlets. (NBMC Section 20.89.030.B.1) • During the 2008 calendar year, there were 6,637 crimes reported citywide. Reporting District No. 16, which includes the project site, had a total of 329 reported crimes as compared to the citywide average for reporting districts of 178 reported crimes. This equates to 151 crimes more, or 84.83 percent above the citywide reporting district average. (NBMC Section 20.89.030.B.2). • The parking study conducted in April 2009 provided parking counts in 30- minute intervals that showed there was sufficient available parking on site for the expansion; however, the Planning Commission determined that the parking study did not include sufficient information regarding the site characteristics to make the findings required by Section 20.66. 100 of the NBMC. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach hereby denies the appeal and upholds and affirms the decision of the Planning Commission to disapprove Use Permit No. UP2009 -012 and Use Permit No. UP2009 -020. This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the September 22, 2009 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CLERK v Attachment No. CC 2 Draft Planning Commission Resolution Planning Commission Staff Report Planning Commission Minutes C1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DISAPPROVING USE PERMIT NO. UP2009 -012 FOR AN EATING AND DRINKING ESTABLISHMENT WITH A TYPE 41 (ON -SALE BEER AND WINE) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE AND DISAPPRRVING USE PERMIT NO. 2009 -020 FOR A PARKING WAIVER (PA 2009 -050) FOR A PROPERTY LOCATED AT 4525 WEST COAST HIGHWAY. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: 1. An application was filed by Dan Biello with respect to property located at 4525 West Coast Highway, and legally described as a portion of Banning Ranch Tract No. 6385 of a record of survey map book 27, page 47 and a portion of Parcel Map 207 -1 as recorded within the County of Orange, at the County Recorders office within the State of California requesting approval of a use permit. 2. The applicant proposed a change in land use from a take -out service, limited eating and drinking establishment to a full - service, high turnover eating and drinking establishment. The proposed changes in operational characteristics include: • An increase in net public area' from 100 to 1,065 square feet (660 to 2,160 gross square feet); • The introduction of alcoholic beverage service with a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license; • Proposed hours of operation of 7:00 a.m. to 12:00 a.m. (take -out section) and 7:00 a.m. to 10:00 p.m. (dining section). The application also includes a request for a parking waiver as the proposed use requires 18 parking spaces more than the previous retail shop tenant. 3. The subject property is located within the Retail Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. A public hearing was held on June 18, 2009 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 Newport Beach Municipal Code. Net Public Area — The total area used to serve customers, including, but not limited to, customer sales and display area, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. �u Planning Commission Resolution No. PC2009- Pace 2 of 3 Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 5. On June 18, 2009, the Planning Commission voted (5 ayes and 2 noes) to disapprove the use permit application with the following findings pursuant to Chapter 20.89 (Alcoholic Beverage Outlets) and Chapter 20.66 (Off- Street Parking and Loading Regulations) of Newport Beach Municipal Code (NBMC). • Public convenience or necessity would not be served as five of the 12 tenants spaces in the neighborhood commercial center are already alcoholic beverage outlets. • During the 2008 calendar year, there were 6,637 crimes reported citywide. Reporting District No. 16, which includes the project site, had a total of 329 reported crimes as compared to the citywide average for reporting districts of 178 reported crimes. This equates to 151 crimes more, or 84.83 percent above the citywide reporting district average. • The parking study conducted in April 2009 provided parking counts in 30- minute intervals that showed there was sufficient available parking on site for the expansion; however, the Planning Commission determined that the findings to approve the required parking waiver could not be made because the study did not include a discussion of the significance of the following characteristics of the project site: o 20 minute parking spaces o Trucks off - loading in the drive aisles o Small compact size spaces o Towing of vehicles o Cabs waiting for fares o Vehicles parked lengthwise with a trailers using multiple spaces o Customers walking, bicycling, and skateboarding to the site I Planning Commission Resolution No. PC2009- Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby disapproved Use Permit No. UP2009 -012 and UP2009 -020. DISAPPROVED AND ADOPTED THIS 18 DAY OF JUNE, 2009. AYES: TEORGE, MCDANIEL, HILLGREN, EATON, UNSWORTH NOES: PEOTTER, HAWKINS BY: Scott Peotter, Chairman :W Barry Eaton, Secretary CITY OF NEWPORT BEACH :PLANNING COMMISSION STAFF REPORT June FILE COPY Agenda a Item em No. 2 SUBJECT: Chronic Tacos 4525 B W Coast Hwy - PA2009 -050 • Use Permit UP2009 -012 (Eating and Drinking Establishment) • Use Permit UP2009 -020 (Parking Waiver) APPLICANT. Daniel A. Biello PLANNERS: Russell Bunim, Assistant Planner (949) 644 -3233, rbunim @city.newport- beach.ca.us PROJECT SUMMARY A Use Permit for an eating and drinking establishment that would supersede an existing Use Permit (UP2001 -041) and allow for the following: • A change in operational characteristics and land use classification from a take -out service, limited to a full - service, high turnover eating and drinking establishment. • A 1,500 - gross- square -foot expansion (including 1,065 square feet of net public area) for the purpose of providing an additional dining and bar area. • Introduction of a new alcoholic beverage outlet with a Type 41 Alcoholic Beverage Control (ABC) license. A Use Permit for a parking waiver that would supersede existing Use Permits (UP3139 and UPI 798) to allow for the following: • A parking waiver for the 18 additional spaces required for the proposed eating and drinking establishment expansion. • A 40 -space parking waiver encompasses all of the eating and drinking establishments for the total site, including the proposed project. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Use Permit Nos. UP2009 -012 and UP2009 -020 with the attached resolutions (Attachment Nos. PC 1 and PC 2) I� t tiM14nyX11 r r t r r N I Rrlllqz-w k"" � q q / . � � -s$'`. Y V 4K.G�i"' " V. 6�5 f r fis rt'�4 f N I Rrlllqz-w k"" Chronic Tacos Planning Commission Page 3 Project Setting The project is located at the southeast corner of West Coast Highway and Balboa Boulevard. The existing eating and drinking establishment is situated in a multi- tenant, retail center that includes restaurants, convenient stores, and shops. Project Description The existing restaurant is a take -out service, limited eating and drinking establishment consisting of 660 gross square feet including approximately 100 square feet of net public area. The existing restaurant consists of a counter where customers order food. Seating is not provided, so all food is to -go. The applicant proposes to expand the existing restaurant into an adjacent 1,500 - square -foot tenant space. The overall gross floor area of the proposed restaurant would be a total of 2,160 gross square feet. The overall net public area for the proposed restaurant would be approximately 1,065 square feet. The restaurant will function with two sections: dining and take -out. The proposed hours of operation for the take -out section of the restaurant are 7:00 a.m. to 12:00 a.m. The proposed hours of operation for the dining section of the restaurant are 7:00 a.m. to 10:00 p.m. Alcohol will only be served in the dining section of the restaurant and will not be served after 10:00 p.m. The operational characteristics of the dining section are similar to those of a sports bar. The business plan of the applicant is to provide an eating and drinking establishment where patrons can eat and drink while viewing sporting events. As shown on the floor plans (Attachment No. PC 3), 15 flat - screen televisions will be displayed on the wails in the seating area. The take -out section will continue to operate the same as the existing establishment. The existing establishment has a "Coming Soon" sign painted on a wall that advertises a 1,500- square -foot expansion with pool tables and restrooms. Per Chapter 20.60.85 of the Zoning Code, establishments with one or more pool tables are classified as Commercial Recreational and Entertainment and require City Manager approval. However, the applicant has communicated to staff that pool tables are not part of this application. In conjunction with the expansion of the restaurant, the applicant is requesting a new alcoholic beverage outlet with a Type 41 ABC License (On -Sale Beer and Wine) for consumption on the premises. 5 Chronic Tacos Planning Commission Page 4 The application also includes an off -site parking waiver in order to allow for the restaurant expansion. Use Permit No. UP2009 -020 would update and cover the total site (See a list of parking waiver approvals in Attachment No. PC 4). Background Existing Eating and Drinking Establishment A use permit for the existing take -out service, limited establishment was approved by the Planning Director on December 21, 2001. The existing establishment does not have seating or restrooms for customers and the sale of alcohol is not permitted. DISCUSSION Analysis Off - Street Parking Requirement The parking required for the existing take -out service, limited establishment is based on a ratio of one space per 250 gross square feet. The 660 - square -foot tenant space requires three parking spaces. The off - street parking required for the existing retail use in the proposed tenant space is also based on a ratio of one space per 250 gross square feet. The 1,500- square -foot tenant space requires six parking spaces. Nine total parking spaces would be provided for the proposed expanded eating and drinking establishment. The Municipal Code parking requirement for a full - service, high turnover eating and drinking establishment ranges from one space per 30 square feet to 50 square feet of net public area. Typically, one space per 40 square feet of net public area is assigned. The number of spaces required to allow for 1,065 square feet of net public area would be 27 parking spaces with a parking ratio of one per 40 square feet. However, there are no additional parking spaces available on -site to meet the number of spaces required for the expansion. Nine spaces are allocated from the previous retail uses in the tenant spaces. Therefore, a use permit for the waiver of 18 parking spaces is requested by the applicant. Section 20.66.100 (Modification or Waiver of Off- Street Parking Requirements) of the Municipal Code provides that the Planning Commission may approve a use permit to waive the number of required off- street parking spaces if one or more of the following conditions are met: 1. A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. 1� Chronic Tacos Planning Commission Page 5 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66. 100 (8). 4. The Planning Commission makes the following findings. a. The parking demand will be less than the requirement in Section 20.66.030. b. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. In this case, the first three conditions cannot be met. There is no municipal parking lot located in the vicinity of the project site, the existing uses on the project site occur simultaneously and the hours and days of operation coincide with each other during the day. No parking management plan has been proposed with this application. However, the Planning Commission can make the findings in the fourth item, based on the following: a. In order to determine the parking demand, the City retained the services of a consultant to conduct a parking survey of the site. The survey was conducted by Transportation Studies Inc. (Attachment No. PC 4) over a four -day period from Wednesday, April 29 to Saturday, May 2, 2009. The survey was conducted to determine the daily usage of the parking lot at various hours throughout the day. Based on the parking survey, peak parking lot utilization occurred on Wednesday at 7:30 p.m. at which time 47 of the 162' (29 percent) parking spaces were available. The Public Works Department has reviewed the results of the parking survey and concluded that the proposed additional parking requirements, could be accommodated by the existing parking lot. b. The project site includes seven eating and drinking establishments (one take -out service, three full - service and three take -out service, limited), two food and beverage stores, a salon, and three shops. Parking waivers have been approved for this site for the eating and drinking establishments. Any changes in use that would generate additional parking would require approval by the Planning Commission to amend the parking waiver use permit included in this application. The survey incorrectly states 150 parking spaces on -site. The numbers quoted in this staff report have been adjusted to reflect the correct number of 162 spaces on -site. The survey does not account for the 10 parking spaces allotted in the Jack in the Box drive through and the 2 near the service area at River Avenue. 11 Chronic Tacos Planning Commission Page 6 A parking summary is provided in the tables below of all the parking waivers on site. Overall Parking Summary 4501 - 4625 W. Coast Re uired Parking: 202 Provided Parking: 162' Proposed Parking Waiver: 40 "The original site layout approved 164 spaces; however, two spaces were removed in the back of the commercial strip at River Avenue to provide for a service area. An attempt by the applicant to reconfigure the non - conforming parking design in this area was not approved by the Public Works Department. Alcoholic Beverage Outlet Ordinance In conjunction with the proposed expansion, the applicant is requesting to introduce a new Type 41 ABC license, which allows for the service of beer and wine only. Pursuant to Chapter 20.89 of the Municipal Code, a use permit is required for any new alcoholic beverage outlet. In order to approve a use permit, the Planning Commission shall consider the following: 1. Whether the use serves public convenience or necessity. The applicant requests a Type 41 ABC license to allow the service of beer and, wine which is common on the subject site for full - service, high turnover eating and drinking establishments. This would be the fourth eating and drinking establishment in the retail center that serves alcohol which would serve as a public convenience. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The project site is located in Reporting District (RD) 16, which is located south of West Coast Highway between 54th Street and 37th Street and north of the Pacific Ocean. See Attachment No. PC 5 for a map of all Reporting Districts in the City including the location of RD 16 and the two adjacent reporting districts RD 13 and RD 15 that comprise similar commercial and residential uses, and are used for a comparison within this report. if Chronic Tacos Planning Commission Page 7 During the 2008 Calendar Year, there were 6,779 crimes reported citywide. RD 26 had a total of 329 reported crimes as compared to the citywide average for reporting districts of 178 reported crimes. This equates to 151 crimes more, or 54.10 percent above the citywide reporting district average. The project site is located in an area of West Coast Highway which experiences heavy influx of people on weekends, holidays, and during the summer months, all of which could contribute to crimes in the area. The chart below provides data for crimes reported citywide, in RD 16 and the two adjacent reporting districts, RD 13 and RD 15: Reporting District Part One Crimes Serious Offences Part Two Crimes All Other Offences Part One Crimes Rate (per 100,000 people) Newport Beach 2,925 3,712 3,430.38 RD 16 118 108 4,473.09 RD 13 116 116 6,349.21 RD 15 310 278 10,965.69 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. The chart below provides data for the number of active ABC licenses and per capita ratio of active licenses for every resident in RD 16 and the two adjacent reporting districts, RD 13 and RD 15: Reporting District No. of Active ABC License Per Capita Ratio RD 16 7 377 residents RD 13 5 365 residents RD 15 98 29 residents Orange County 4,805 592 residents There are 7 active ABC licenses in RD 16, or a per capita ratio of 1 license for every 377 residents. This is lower than RD 15, which includes more commercial property and less residential. The per capita is slightly higher than RD 13 which has a similar mix of residential and commercial property. The Orange County average is 1 license for every 592 residents. 4. The number of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. The chart below reflects crime data for the 2008 Calendar Year. There were 25 DUI arrests and 78 plain drunk arrests (103 total) in RD 16. There were 1,680 arrests for the entire City. This accounts for 6.13 percent of the DUI /Drunk arrests made in the City. The Police Department supports an ABC Type 41 license with the proposed hours of operation. �I Chronic Tacos Planning Commission Page 8 Reporting District DUI /Drunk Arrests Total Arrests Calls for Service RD 16 103 242 3,231 RD 13 67 164 2,996 RD 15 557 946 6,599 Newport Beach 1,471 3,345 68,886 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. There are no schools, day care centers, or places of religious assembly near the project site. The rear door of the restaurant is located less than 200 feet from Channel Place Park. There are residential uses adjacent on the south side of River Avenue and on the west side of Balboa Boulevard. However, the restaurant is oriented toward West Coast Highway in a manner that activity is shielded by the building from the park and residential uses in the rear and sides of the commercial strip. Use Permit Findings: Pursuant to Section 20.91.035 of the Municipal Code, the Planning Commission must make certain findings in order to approve a use permit. The findings and facts in support of such findings are listed and discussed below. That the proposed location of the use is in accordance with the objectives of this code and the purposes of the district in which the site is located. The existing restaurant is located in the Retail and Service Commercial (RSC) Zoning District, which is intended to provide areas that are predominantly retail in character. Eating and drinking establishments and sports bars are a retail service use, and are permitted within this designation subject to the approval of a use permit. The proposed project consists of changes to operations of an existing eating and drinking establishment to that of a sports bar, which is consistent with the RSC Zoning District. 2. 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. The existing restaurant is consistent with the Neighborhood Commercial land use designation of the General Plan, which is intended to provide for a limited range of retail 16 Chronic Tacos Planning Commission Page 9 and service uses developed in one or more distinct centers oriented to primarily serve the needs of residents in the immediate area. The proposed expansion would not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood; and would not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: • No dancing, live entertainment or pool tables will be permitted or provided on the premises. These types of uses require City Manager's approval. • The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages and the hours of operations ensure compatibility with the surrounding uses. 3. 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. Eating and drinking establishments and sports bars are a permitted use in the RSC Zoning District, subject to approval of a use permit. The project substantially conforms to the development standards of the Zoning Code, and the waiver of development standards as it pertains to site requirements and parking will not be detrimental to the adjoining properties. The project includes conditions to ensure that potential conflicts are minimized to the greatest extent possible. 4. if the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. The project is not located within a residential district; therefore, this finding does not apply. Bike Rack Option Staff has analyzed the parking survey and conducted site visits at the proposed location and surrounding area. Staff recommends that two additional parking spaces be waived to accommodate new bike racks on site based on the following: ■ The Traffic Engineer has reviewed and supports the removal of one parking space to accommodate bike racks at. The location of bike racks would need to be approved by the Traffic Engineer. n( Chronic Tacos Planning Commission Page 10 The two spaces that would be removed are compact -size space, which are no longer permitted in the Zoning Code. The bike racks would provide cyclists a location to park their bike outside of the pedestrian walkway adjacent to the building. This would adjust the total parking spaces in accordance with the following: Total Site Parking Summary (Bike Rack Option) "The original site layout approved 164 spaces; however, two spaces were removed in the back of the commercial strip at River Avenue to provide for a service area. Additionally, one parking space would be removed to provide an area for bike racks. Summary The parking survey that was conducted on site indicates that 47 of the 150 on -site parking spaces are vacant during the peak utilization of the parking lot. However, 10 spaces located in the Jack in the Box drive through and two spaces at the rear of the building were not included in the on -site space count. The total number of spaces provided on site is 162. Based on the parking ratio of 1 space for every 40 square feet of net public area to allow for the restaurant expansion (18 -space increase in demand), there would still be 29 vacant spaces during the peak hours. This would allow for an increase in activity on the site without negatively affecting the available parking. The proposed Type 41 ABC License has been reviewed pursuant to Chapter 20.89 of the Municipal Code. Factors relating to public convenience, crime rates, overconcentration of alcoholic licenses and proximity to sensitive land uses were considered. The Police Department staff and Planning Department staff have concluded that a new ABC license would be acceptable subject to the conditions of approval in the attached resolution. Alternatives If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's request, the Planning Commission should direct staff to prepare findings and a resolution denying the request, in part or in full, and return at the next Planning Commission meeting date with such resolution for adoption. This would include the following options: -arr 4501 - 4625 W. Coast Hwy. Required Parkin demand 202 Provided Parking 161 *' Proposed Parking Waiver 41 "The original site layout approved 164 spaces; however, two spaces were removed in the back of the commercial strip at River Avenue to provide for a service area. Additionally, one parking space would be removed to provide an area for bike racks. Summary The parking survey that was conducted on site indicates that 47 of the 150 on -site parking spaces are vacant during the peak utilization of the parking lot. However, 10 spaces located in the Jack in the Box drive through and two spaces at the rear of the building were not included in the on -site space count. The total number of spaces provided on site is 162. Based on the parking ratio of 1 space for every 40 square feet of net public area to allow for the restaurant expansion (18 -space increase in demand), there would still be 29 vacant spaces during the peak hours. This would allow for an increase in activity on the site without negatively affecting the available parking. The proposed Type 41 ABC License has been reviewed pursuant to Chapter 20.89 of the Municipal Code. Factors relating to public convenience, crime rates, overconcentration of alcoholic licenses and proximity to sensitive land uses were considered. The Police Department staff and Planning Department staff have concluded that a new ABC license would be acceptable subject to the conditions of approval in the attached resolution. Alternatives If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's request, the Planning Commission should direct staff to prepare findings and a resolution denying the request, in part or in full, and return at the next Planning Commission meeting date with such resolution for adoption. This would include the following options: -arr Chronic Tacos Planning Commission Page 11 a) Deny the Type 41 ABC License for alcohol sales and approve the parking waiver to all for the expansion of the restaurant; or b) Deny the parking waiver which would preclude the opportunity to expand the restaurant. Furthermore, an ABC License could not be approved for the existing restaurant as take -out service, limited eating and drinking establishments are not permitted to sell alcohol. . Environmental Review The project qualifies for a categorical exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. The expansion of the existing eating and drinking establishment into an adjacent 1,300 square -foot tenant space is a conversion of an existing small structure from one use to another, and only minor modifications are being made to the structure. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posed at City Hall and on the City website. Prepared by: Russell Buni , Assistant Planner ATTACHMENTS PC 1. Resolution for UP2009 -012 PC 2 Resolution for UP2009 -020 PC 3 Project Plans PC 4 Parking Waiver Approvals PC 5 Parking Study PC 6 Reporting Districts Map Submitted by: Davi Lepo, Planni irector 13 CITY OF NEWPORT BEACH Planning Commission Minutes June 18, 2009 Regular Meeting - 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren— all were present. STAFF PRESENT: David Lepo, Planning Director Aaron Harp, Assistant City Attorney Tony Brine, City Traffic Engineer Patrick Alford, Planning Manager Russell Bunim, Assistant Planner Ginger Varin, Administrative Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on June 12, 2009. HEARING ITEMS SUBJECT: MINUTES of the regular meeting of June 4, 2009. ITEM NO. 1 Motion was made by Commissioner Unsworth and seconded by Approved Commissioner Hawkins to approve the minutes as corrected. Ayes: Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren Noes: None K SUBJECT: Chronic Taco (PA2009 -050) ITEM NO. 2 4525 B W Coast Hwy PA2009 -050 A use permit for an eating and drinking establishment that would supersede an Denied existing Use Permit (UP2001 -041) and allow for the following: • A change in operational characteristics and land use classification from a take -out service, limited to a full - service, high turnover eating and drinking establishment. h tj NEWPORT BEACH PLANNING COMMISSION MINUTES 06/04/2009 A 1,500- gross- square -foot expansion (including 1,065 square feet of ne public area) for the purpose of providing an additional dining and bar area. Introduction of a new alcoholic beverage outlet with a Type 41 Beverage Control (ABC) license. A use permit for a parking waiver that would supersede existing Use (UP3139 and UP1798) to allow for the following: • A parking waiver for the 18 additional spaces required for the eating and drinking establishment expansion. Assistant Planner Russell Bunim gave an overview of the staff report. He then answered the following questions asked by Commissioner Eaton: ➢ 10 spaces identified as "stacking" for the Jack in the Box drive - through lane as part of the total parking for the site; how does it relate to the Zone Code: This stacking was approved with the Jack in the Box use permit application as part of their waiver and is not typically counted as required parking per the Zone Code. ➢ Recommendation for approval of the waiver of the requested 18 additional Code - required parking spaces relies entirely on the parking survey conducted on the site in late April and early May. How would the results, be affected by summer season tourist parking, a better economy, more successful operation of the other food services establishments in center, if the proposed operation is a sports bar? ➢ There is an influx of visitors to the area in summer months; however, traffic studies and parking surveys are not typically done during summer months and are done during April and May as it allows for a mid -level average. Staff can not predict parking based on a better economy or the other food service establishments that have been there for a number of years. The proposed operation as a sports bar would create more of a peak demand during certain sporting events that would be done in the evening, and the survey shows there is plenty of parking available. ➢ Condition No. 5 states no live entertainment is permitted; Condition No. 20 regulates noise emitted by live entertainment, which is correct? The second sentence in Condition No. 22 will be eliminated as that is the condition that relates to live entertainment noise. ➢ Condition No. 4 states no more than 863 square feet but Condition No. 6 states maximum occupancy shall not exceed 297 persons in the interior of the building and 15 persons on the smoking patio. - Condition No. 4 will be changed to reflect 1,065" square feet and Condition No. 6 will be eliminated, as there is no smoking patio. ➢ Condition No. 10 indicates a requirement of one space per 40 square feet of net public area for a total of 162 spaces. Is the total number of spaces expected to be provided on site and does that include the 10 "stacking" spaces in the Jack in the Box drive - through lane? ➢ The 162 spaces are to be provided on site and include the 10 stacking Page 2 of 13 A 4. 1', J NEWPORT BEACH PLANNING COMMISSION MINUTES 06/04/2009 spaces for the Jack in the Box approval for their use permit. ➢ Should there be a one or two year review of the proposal based on the parking uncertainties if this is approved? ➢ If the Planning Commission would like a review, staff asks for direction. Commissioner Hillgren asked about the applicant/property owner /operator. Is the center owned by the same developer? Who were the parking consultants and what are their qualifications? Mr. Bunim answered the applicant is the operator; however, the second part is for the parking waiver and the owner of the property is aware and has signed the application. The property owner is not here tonight. There are reciprocal easements across the sites to where Jack in the Box needs the other parcel for parking and for ingress /egress to their site. The parking consultant was recommended by the Public Works Department. Mr. Tony Brine, City Traffic Engineer, noted the firm is Transportation Studies, Inc. and is an on -call contract that does significant number of traffic counts and on the occasion parking studies as well. This firm has been working in Orange County for over twenty years. Commissioner Hillgren asked about the time, number and demand of parking space use. How quickly do patrons rotate out to free up parking spaces? Mr. Brine answered the existing use is for take -out, so there is a quick turnover and, in terms of parking spaces, it is a small number. The required parking for the new uses is much larger in terms of what is necessary for the restaurant. Mr. Lepo added the ratio of one parking space for 30 square feet to one parking space for 50 square feet range; if there is a longer stay at the new facility, you can consider looking at one parking space for 30 square feet instead of the 40 or 50 as that adjusts for that parking difference. You can adjust the provisions accordingly. Commissioner Hillgren questioned Condition No. 6 and asked if the occupancy limit of 297 persons is appropriate in that building. Is there a revised number we should be contemplating? Mr. Bunim answered staff would look into that. Commissioner Unsworth questioned the address noted on the resolution and address numbers listed for other uses in the center. He questioned if the food sold in the 4533 facility is part of the calculation in determining that 50/50 split between alcohol and food sales? The premises for the application are not 4525 and 4533, it's only 4525A. Mr. Lepo clarified the portion strictly for take -out versus the sit -down part everything would be counted on the premises. _ Page 3 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 06104/2009 Mr. Bunim added, in the resolution the reference to net public area of 1,065 square feet and in the staff report, it mentions that the suite they are moving into is a 1,500 square -foot gross addition to the existing establishment; that is being included as one total restaurant and will supersede the existing use permit and the project plans reflect that. Commissioner Unsworth asked about the ability for someone to get fast food and then slide over to the stand -up bar and order a beer? Is the condition to report sales of alcohol to food new? Mr. Harp answered the condition has been imposed on other applications and reflects how the City deals with this type of use and is an ABC condition. He suggested that the final plans designate the take -out and dining portions. Commissioner Unsworth asked: ➢ Are the two parcels owned by the same entity; ➢ Do they have cross - easements; ➢ Are there CC & R's; ➢ He noted his concern if one parcel is sold. Mr. Harp noted he had not reviewed the easement documents and therefore can not opine on them. Commissioner Toerge noted that in order to grant an off- street parking waiver, one of four findings has to be made. Staff noted that the first three findings cannot be met so, there is possibly only one that this application could meet and that is, "the parking demand will be less than the requirement in Section 20.66.030." That is based upon this parking survey, not a parking study, which is a count. This is inconclusive and does not give me enough confidence that the parking demand would be less. There are several 20- minute parking spaces that were not discussed; there is a practice of trucks off - loading in the drive - aisles that is not discussed; and, there are many small compact spaces. I have seen regular sized vehicles taking two spaces. A parking study that is meant to satisfy one of the findings we have to make, needs to study these items as part of the overall comprehensive plan, not just do a four -day count in the springtime. He agrees that the first three findings can not be met and the parking survey is not adequate to make the last finding. Daniel Biello, founder and applicant of Chronic Tacos, noted: ➢ Serve 700 customers a day who arrive on bicycles or walk -in traffic from the beach; ➢ Due to the beach traffic parking security and signs are posted; ➢ Parking surveys were done during spring break, which is a busy time; ➢ He presented menus for distribution and provided numbers from other stores where he serves alcohol; ➢ He has two other stores that sell beer and wine that represents 5 percent of the sales; ➢ _There will be an extra station where food will be served on both sides; Page 4 of 13 I NEWPORT BEACH PLANNING COMMISSION MINUTES 06104/2009 ➢ It will be run like two different shops with a central food service; `r There will be three holes in the existing wall, one will be a walk - through, one will be a pass- through window for the bartender or service area, and the other will be a cross - through from customer area to customer area. ➢ The one other store he has serves 5 percent alcohol sales and another store he has serves 15 percent alcohol sales; it is very hard to get to a 50/50 ratio. ➢ The whole idea for this application is to get bathrooms and seating areas for the customers. ➢ This is a busy restaurant but the rent is not cheap and won't be able to add more sales that without the alcohol portion. ➢ He agrees to close at 10 p.m. Commissioner Hawkins asked and was answered: ➢ Customer percentage that ride bikes — 20 to 30 percent; there is a bike shop next door and Mr. Biello is in discussion with the shop owner to do a more organized bike rack away from the parking, perhaps in the back, and projects an increase of 10 percent of sales with this renovation for bathrooms and a better atmosphere. ➢ Current restaurant is simply seating, no take -out — yes, that is the only way a restaurant could go in there. ➢ Have another restaurant in Triangle Square — he is the franchisor and founder of the company; he owns eight of his own restaurants and the rest are franchises with a total of twenty -four stores. Triangle Square is an empty food court and is next door to a night club. They have a good relationship with the City of Costa Mesa Police Department. The cantina concept came from Cabo but there is too much risk. ➢ Where are the other stores — one In Corona in the Inland Empire that has a bar in it and has over a million dollars in sales, and one in Huntington that closes at midnight. Commissioner Unsworth noted the additional space is for people who are waiting to get their food, are you intending to have fifteen flat screen televisions in there? It seems that when you introduce several flat screen televisions it's more than people waiting for food or eating food and be on their way. It sounds more like a sports bar where people come in and get a seat and have drinks during the athletic event. Mr. Billeo answered he would like to have people stay, at least 20 percent of the clientele, to order beer and tacos and enjoy themselves. Commissioner Unsworth noted with that you estimate that only 10 percent of gross revenues would be from the sale of beer? Mr. Billeo answered absolutely. Commissioner Eaton noted Condition No. 16 prohibits the sale of alcoholic beverages for off -site consumption. Do you have a way in your other operations to control that so that you don't get take -out and beer to go? They could go over to the other side and get a beer and still leave. Page 5 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 06/04/2009 Mr. Biello answered there will be no sale of alcohol on that side. They must go to the one side to pick up beer and sit down. They are not going to be able to get a beer in line on the fast - service side. Commissioner Hiflgren noted he visited the site and saw the amount of people being served. The new space will be somewhat a sports bar -like with pool tables? What are you expecting for seating? Is there a tenant association to try and solve some of the operational issues? What about parking and towing? What about transient parking such as cabs waiting for fares and there was somebody parked lengthwise with a trailer using six spaces. What about those? Mr. Biello noted there will be no pool table as he needs the room for seating. There are 46 seats allowed per the application. There have not been a lot of operational issues for awhile except in the back where the liquor store could not keep it clean in the back storage container area. Last year they stopped doing the towing; however, I need towing in that parking lot all day long and they use to do that. Last year and the year before, we complained about that and it is back now and you can see security walking the lot to check on the cars. My deliveries are at the back door. There should not be trucks in the front and, if there is, it is the liquor store. The bike racks are for the bike store and they do not allow anyone to share. Commissioner Hawkins noted he had talked to the bike shop owner who indicated the majority of the customers were on bikes. Beer would not be handed to anyone in the food line, they would have to exit out and come back around. Mr. Biello answered yes; there is quite a bit of clientele coming from the beach using bikes. I can give them a ticket to give to someone on the other side so they can be rung up at the same time. I don't have the ability to keep running back and forth to grab beers for these people. There will always be staff there. Commissioner Hawkins noted the plans show a pass- through at the bar and I think you reference that. Mr. Biello answered that is a food pass- through. It is not allowed to pass beer through. Public comment was opened. George Schroder, local resident, noted his opposition: ➢ It is too much business for the parking that is there now. ➢ There is a problem with the parking survey and those numbers don't make sense. If this venture goes through it will be a nightmare. ➢ He noted his concern there being one liquor license per 29 people on the Peninsula and the statistics on the Peninsula with the high police Page 6 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 06/04/2009 calls. ➢ The application will not serve the residents of Newport Beach well. He asked for denial due to parking and crime rates in the adjacent reporting districts. Cindy Kohler, local resident, noted her opposition: ➢ There are three other facilities serving alcohol at the center. ➢ Close to residential areas and a park behind the facility. ➢ The parking is constantly a problem. You can't find a place to park most of the time. People use this center for beach parking. Take -out from 7 a.m. to midnight would just add to traffic, noise and congestion that are already there in that strip -mall area. ➢ He is advertising pool tables at the establishment now. ➢ The Police Department knows this area is used for the selling of drugs and drug use and has seen it there. ➢ The applicant has a pattern and history of code violations in other locations. The Upland store is problematic and at that store there use has now been revoked due to multiple law enforcement activities and police calls for service. ➢ It is time for the Commission to address these issues and prohibit them from this area in West Newport, we have enough problems now. She then described the current problems experienced by the local residents. ➢ More beer and wine service in that center with a parking waiver is nothing but trouble for our services in these economic times; it is terrible to put that burden on the Police and Fire Departments. Joe Reese, local resident, noted his opposition: ➢ Give the operator more square footage for a restaurant only, not a bar. ➢ Doesn't agree with the business plan given to the Planning Department. They state they want this to be a sports bar with all those televisions and that is what they will be. ➢ The residents look for protection from the Planning Department and Police Department as far as saying when is enough, enough? Over - concentration within these two areas makes up over 37 percent of the ABC establishments and is 35.5 percent of the arrests done by the Police Department. We are already impacted by alcohol establishments. `r One parcel belongs to the center and one parcel belongs to the Jack in the Box. He distributed pictures of the Jack in the Box parking lot. ➢ Look at the history of clientele. ➢ There needs to be more resident input with more public noticing. Brenda Martin, local resident, noted her opposition. She noted there are rehabilitation facilities in the area and there is no need to add another alcohol serving business. It is not safe for the residents. Daniel Biello, noted: Page 7 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 06/04/2009 ➢ Parking issue — It is not as bad as people say, during the summer there is a lot but nine months out of the year there is open parking. ➢ Cantina concept has more problems and it was built to compete with Sharkey's; however, this facility is not that concept. ➢ Expects 10 percent increase in sales. ➢ Has never had an issue with the Police Departments where he has establishments. ➢ The Upland establishment was a cantina concept opened until 2 a.m. selling full liquor and a full security staff. There was a live entertainment permit with dancing, bands and karaoke. This project is notthattype. ➢ As he has been in business for 8 years, he deserves approval of this application. ➢ He wants to expand the store to include bathrooms and storage. This is not a bar and he does business with the schools and the military. Commissioner Hawkins asked about the franchisee, Keith Sheinberg. He was answered Mr. Sheinberg was a partner at Chronic Cantina in Upland and was the chief executive partner and ran it into the ground. The City of Upland did not want us there; however, there was a drive -by shooting and a killing in the immediate area. This was a bad area to have moved to, so it was closed. Commissioner Hawkins noted if we put in a condition to limit the ability to sell, transfer or franchise this store would that be acceptable? Mr. Biello answered he can not sell that store as his contract stipulates. Commissioner Unsworth asked about the people who are in the restaurant side as it closes at 10:00 p.m., are they invited to leave or can they put in an order at 9:59 p.m. for a pitcher of beer or whatever and stay for a couple more hours, and, can somebody from the restaurant side get a beer and then walk over and get in line and have his beer while waiting for a take -out? Mr. Biello answered the he can get a beer and then get in line, unless there is an issue with that. The 10:00 p.m. issue is a slow time, so they will start clean -up to close down. Commissioner Unsworth stated that new orders for alcohol stop at 10:00 p.m., everything else ends at midnight. How is the beer sold? Can someone order a pitcher of beer at 9:59? Mr. Biello answered both pitchers and bottles of beer are to be sold. He would have to check with the ABC, and would follow the rule that alcohol is finished at closing time. Chairman Peotter asked staff if that was the intent of the condition to stop service at 10:00 p.m., or that they have to actually not have alcohol at 10:00 P.M.? Page 8 of 13 J NEWPORT BEACH PLANNING COMMISSION MINUTES 06/04/2009 Mr. Lepo answered it is not as specific as it should be and should say that all beverages have to be off the table at 10:00 p.m. Mr. Biello noted everything will be cleaned up by 10:00 p.m. as he wants to be a good business owner. Commissioner Hawkins asked about the Police report with regards to the closing time of the expanded eating and dining area closing at 10:00 p.m., at which time all alcoholic beverage service and consumption is discontinued. This side would close, not with respect to beer and wine but close. It is proposed that the existing kitchen and dining area remain open for take -out orders only until 12:00 a.m. If there was a condition to that affect, would you have a problem with it? Mr. Biello answered he would not have a problem with that condition. Chairman Peotter asked staff to modify Condition No. 8 to accommodate that Detective Bryan Moore, Vice and Intelligence Unit with the Police Department, noted he deals with ABC and all matters pertaining to bars and restaurants and off -sale locations. When we review new proposals to introduce new alcoholic beverage outlets, several things are considered, type of establishment and type of liquor license that is being requested and how it relates to the City Council K -7 Policy. Even though Chronic Tacos 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, it is by definition a restaurant, at least as proposed, and does not fall under the criteria of a bar, cocktail lounge, cabaret or nightclub as outlined in the Policy. Therefore, the Police Department can not say that public convenience and necessity will not be served by granting an additional retail alcohol outlet. Additionally, we have to look at the Reporting District 16 that has a mixed commercial - residential use and has a propensity for business growth. That has to be weighed and balanced with the safety and welfare needs of the community. Another consideration is the operator's history with the Police Department as a responsible business owner. As far as the Newport Beach location is concerned, the reports and calls for service wouldn't indicate otherwise. Consequently, we drafted our memo with several recommendations for conditions for approval. We have concerns with the hours of operation and recommended that the dining area be shut down at 10:00 p.m., which means last call will be at 9:30 p.m. The existing kitchen area will remain open for take -out only. We hope to eliminate the service and consumption of alcohol before or at least by 10:00 p.m. but allow them to remain open two additional hours for take -out orders. Several other conditions were recommended to assure that Chronic Tacos remains an on -sale eating establishment and doesn't morph into anything that would resemble a bar or nightclub. In addition to city Use permit conditions, ABC will ask for recommendations for conditions for that license as well and at that time we will recommend those for that license to compliment and work in conjunction with the city use permit to address any needs we have as far as public safety is concerned. Page 9 of 13 k NEWPORT BEACH PLANNING COMMISSION MINUTES 06/04/2009 Commissioner Hawkins asked if there are still outstanding concerns based on previous discussions by the Planning Commission, assuming this application is approved. If conditions are implemented and put into force and effect, do those concerns go away? Detective Moore answered those concerns were addressed in the memo. Commissioner Unsworth asked during the investigation, was traffic movement within the parking lot considered as a traffic issue? Do you look at ingress /egress as far as fender - benders and parking issues? Detective Moore answered those issues are left up to the Traffic Engineer. His interest is specifically related to the alcoholic beverage service. Commissioner McDaniel asked, in your opinion, what the difference is of the ten flat screens in the restaurant and ten flat screens in a bar? Detective Moore answered that by definition a bar is going to be strictly for the purposes of serving alcoholic beverages. This particular establishment has been conditioned to serve food in conjunction with the alcohol, which by definition makes it a restaurant not a bar. I understand the televisions allow people to stay for an extended period of time but that is why those conditions are there as far as the ratio of food to alcoholic beverage sales to minimize this concern. Commissioner Hawkins asked if the ratio was reduced to 20 percent alcohol and 80 percent food, would that affect the operation from an ABC standpoint. Would you feel more secure that the operation would not lead to more of a bar? Detective Moore answered, yes, that would help. We can address those issues with the ABC license and they don't like to dip below a certain percentage in the ratio, which he recollects is 30 percent. Commissioner Unsworth asked about the proportion of gross sales reports being reviewed by the Police Department. Detective Moore answered no, he has not seen any. Commissioner Hawkins asked staff about reporting based on alcohol versus food sales. Mr. Lepo answered that what has been discussed in the past and what we just heard from Detective Moore, is that we prefer that the ABC have the condition and that if there is a problem, that information can be retrieved and used. In the past, there has been discussion that the Planning Department go through those records to make sure there is compliance. We are not bean counters and that requires a lot of man - hours. Hawkins asked if it is conditioned 70/30 and we have a Page 10 of 13 �7 NEWPORT BEACH PLANNING COMMISSION MINUTES 06/04/2009 problem, do you believe either the PD or your Department would have a problem demanding those records and going through them? Mr. Lepo answered, no, as long as there is no quarterly reporting. If there is a problem this would be a useful tool. Public comment was closed. Commissioner Toerge noted this is not a cantina and despite the outrageous behavior in the other locations, those issues are not an influence as it is a different community and a different program. However, this concept of 'deserve it', I think our community deserves that we follow our Municipal Code and that is what we do have the authority over. The staff report is complete or refined as to what our obligations are and they have to do with the parking study and the findings related to alcohol. With regard to parking, I mentioned earlier that we have one finding that we have to hang our hat on in order to approve this application, and that is the parking demand would be less than the requirement in Section 20.66.030. The parking survey doesn't give any conclusions to make that finding. What that parking study would require is a discussion of the twenty- minute reserve parking areas and that is probably not going to be used for the dining area. I was on site today, it was not a beer truck that was there, it was a truck off - loading for the Jack in the Box; that should be studied. The suggestion that 30 percent of the customers use bicycles, that should be studied and should be represented here. The effective use of those compact spaces, how are they really used? That is what should be included to help make that finding; none of these issues are discussed. The parking survey is not adequate and does not serve the purpose. Whether the use serves a public convenience and necessity, this does not serve a necessity. For convenience, there are 3 or 4 alcohol serving stores in that center, so for convenience how is it more so to go next door? The crime rate in the Reporting District and adjacent Districts as compared to other areas in the City are just not acceptable. The crime rate is 30 percent higher than the average and in the adjacent one it is 300 percent higher. How do we make that finding? The number of alcohol license per capita in that district is about 40 percent higher and almost 1800 percent higher in the adjacent district. Motion was made by Commissioner Toerge and seconded by Commissioner McDaniel, to deny Use Permit UP2009 -012 for the Eating and Drinking Establishment and deny Use Permit UP2009 -020 for Parking Waiver for the reasons just submitted. Commissioner McDaniel stated that what is being asked of us at this location is to give up 18 parking spaces and that waiver would run with the land. That applicant could go away; however, we would have this waiver attached to a beer and wine license use permit. The understanding is the need for space for storage, bathroom and dining; but I have a problem with the concept that you need ten flat screen televisions to do that. This could potentially turn into Page 11 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 06/04/2009 a sports bar and that strip mall can't accommodate it. Parking is another problem, even now that there is a need for a tow truck on a regular basis. That is not an area where I would agree to give up 18 parking spaces as that is congestion that is over the top whether it is peak season or not. This application should be denied. Commissioner Hawkins requested to include 'without prejudice' in the motion, meaning the application could be renewed within 12 months. There are a lot of concerns with the inadequacy of the parking survey, etc. and maybe the applicant could get a study done. Commissioner Toerge answered that if his concern was related only to parking, then absolutely as the parking survey is not conclusive. Nothing is going to change the Reporting Districts crime rate issues and so forth. He is not prepared to amend his motion. Chairman Peotter asked for a second on the proposed amendment and hearing none, the amendment failed. Commissioner Hillgren stated he hears that the applicant is not prepared to run a sports bar; however, the he agrees with the issues raised by Commissioners Toerge and McDaniel. This is a gateway to our Peninsula with significant operating challenges, and not having the owner here who will have a piece of property with the benefit of these permits in place without addressing the operating issues and leaving it to the applicant is completely inappropriate. You have the smallest space within the center and are anticipating generating a significant amount of additional traffic, parking and operational challenges to the center; it strikes me as poor planning and inappropriate. For us to consider this makes no sense. Not to say if you come in with the ownership and a plan to address all of the issues that have been raised tonight and others, I would be willing to think about it. As it is now, it just would not work for this piece of real estate. Commissioner Hawkins stated something like this restaurant would work in the space. That center is old and has gotten a shot in the arm with the Japanese restaurant and I have every reason to believe that the expansion of this restaurant would upgrade and benefit the center. I agree with the concerns that have been mentioned and encourage the applicant to work with other businesses to see what can be done about circulation and other issues. Chairman Peotter noted the alcohol is an issue but the conditions proposed by the Police Department are sufficient to address those issues. I look at this more like a pizza place that serves beer and there are a lot of them that have televisions that allow patrons to watch games while eating pizza. It doesn't change it into a bar because it has beer sales or televisions. The parking issue is worsened by the beach parking and the fact that you need a tow truck to keep the unauthorized non - customer from parking on the lot shows there is an overall problem on the Peninsula and not that there is one on site. He supports the project. Page 12 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 06/04/2009 Ayes: Eaton, Unsworth, McDaniel, Toerge and Hillgren Noes: Hawkins and Peotter NEW BUSINESS: City Council Follow -up — Mr. Lepo noted there was an item to adjust the lot line provisions of Title 19 Subdivision Code. It was a minor clean -up and passed on a 4 to 3 vote. It was to come up for a second reading but has been put on the agenda as a business item for next Tuesday for further discussion. Planning Commission reports. — Commissioner Hawkins noted the Economic Development Executive Committee met and discussed their support of the Restaurant Bids request for additional funding in the amount of $25,000. Announcements on matters that Commission members would like placed on a future agenda for discussion, action, or report — none Requests for excused absences — It was determined the next meeting would be July 23, 2009, ADJOURNMENT: 8:20 p.m. BARRY EATON, SECRETARY CITY OF NEWPORT BEACH PLANNING COMMISSION Page 13 of 13 Attachment No. CC 3 Walker Parking Consultants Study WALKER 606 S. Olive Street, Suite 1100 PARKING CONSULTANTS Los Angeles, CA 90014 Voice: 213.488.4911 Fox: 213.488.4983 www.wolkerporki ng.cont September 11, 2009 Russell Bunim City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Re: Parking Demand Study - Chronic Taco Newport Beach, CA Walker Project ;X37 - 8122.00 (Final - 2nd Revision) Dear Mr. Bunim, Thank you for engaging Walker Parking Consultants to conduct the following Parking Demand Study regarding the proposed expansion of Chronic Taco in Newport Beach, California. It is our understanding that Chronic Taco would like to understand if their planned expansion into an adjacent space will deleteriously impact parking at the Village Newport Balboa shopping plaza. Toward that end, we have prepared the following letter report. Within this letter you will find: • Our project understanding, • The proposed program data for the projects, • City -based minimum parking requirements, • Current peak parking demand • Walker's findings. PROJECT UNDERSTANDING Chronic Taco is seeking to expand its restaurant from approximately 660 square feet to 2,160 square feet. This expansion will include the addition of a sit down dining area and permit the sale of beer and wine. The existing Chronic Tacos is a takeout service, limited eating and drinking establishment consisting of 660 gross square feet including approximately 100 square feet of net public area. The existing restaurant consists of a counter where customers order food. Seating is not provided, so all food is to-go. Chronic Taco proposes to change the operational characteristics and land use to a full service, high turnover eating and drinking establishment. This would include expanding the existing restaurant into an adjacent 1,500- square -foot tenant space. The overall gross floor area of the proposed restaurant would be a total of 2,160 gross square feet. The overall net public area for the proposed restaurant would be approximately 840 square feet. The new restaurant would also provide alcoholic beverages (On -Sale Beer and Wine). VWALKER PARKING CONSULTANTS Chronic Taco Walker Project #37- 8122.00 September 11, 2009 Page 2 The proposed eating and drinking establishment will function with two sections: dining and take- out. The proposed hours of operation for the takeout section of the restaurant are 7:00 a.m. to 12:00 a.m. The proposed hours of operation for the dining section of the restaurant are 7:00 a.m. to 10:00 p.m. Alcohol will only be served in the dining section of the restaurant and will not be served after 10:00 p.m. According to the Newport Beach Municipal Code, the parking required for the existing takeout service, limited establishment is based on a ratio of one space per 250 gross square feet. The 660 - square -foot tenant space requires three parking spaces. The off - street parking required for the retail use in the proposed tenant space is also based on a ratio of one space per 250 gross square feet. The 1,500- square -foot tenant space requires six parking spaces. Nine total parking spaces would be provided for the proposed expanded eating and drinking establishment. The Municipal Code parking requirement for a full- service, high turnover eating and drinking establishment ranges from one space per 30 square feet to 50 square feet of net public area. Typically, one space per 40 square feet of net public area is assigned. The number of spaces required to allow for 840 square feet of net public area would be 21 parking spaces with a parking ratio of one per 40 square feet. Nine spaces are provided from the previous retail uses in the tenant spaces. Therefore, a use permit for the waiver of 12 parking spaces is requested by Chronic Taco. To help clarify some of the technical parking terms used in this report a glossary with definitions of terms used in this report is attached. INTRODUCTION TO PARKING ANALYSIS An important concept in parking analysis is the selection of an appropriate design day and hour. It is not feasible to design the parking system for the peak accumulation of vehicles that might conceivably ever occur and have a substantial number of spaces sit vacant for the 8,759 remaining hours of operation per year. At the some time it is not appropriate to design to an average condition and have an insufficient supply for half of the hours in a year. The traffic engineer does not design the street system to handle the peak volumes that will ever occur. Shared Parking' employs the 85th percentile ratio of the peak hour occupancies observed. Likewise, the Institute of Transportation Engineers (ITE) committee suggested the 85th percentile as an appropriate design standard as does the Parking Consultants Council. Walker Parking Consultants also uses an 85'" percentile ratio for parking analysis. Effective Supply. Another important concept in determining the required number of spaces is that of the effective supply, as it is known in the parking industry. A parking system operates at optimum efficiency at somewhat less than its actual capacity. It is unrealistic to expect an arriving Parker to find the last available parking space in a system without significant frustration and the ' Smith, Mary, Shared Parking, Urban Land Institute; 2nd edition (November 1, 2005). WALKER PARKING CONSUrrANrS Chronic Taco Walker Project #37- 8122.00 September 11, 2009 Page 3 resulting perception that parking is inadequate. Therefore it is important to have a cushion of extra spaces in the supply to account for operating fluctuations, vehicle maneuvers, misparked vehicles, minor construction, and other disruptions. Thus: Parking demand - parking generated + effective supply cushion. The factors that affect the degree of adjustment required to compensate for effective supply include the size of the parking system, the type of users (familiar versus unfamiliar), the degree of turnover, and restrictions, if any, on usage, either individually or by areas. Where there is a mix of parking facilities with varying characteristics it is generally appropriate to assign effective supply Factors to the separate facilities and then compare the design day /hour accumulation of vehicles (the parking generation rate) to the adjusted supply. Typical requirements include an effective supply factor of 5 to 10 percent over the anticipated design hour accumulation of vehicles within the requirement. Recommended Zoning Ordinance Provisions, International Council of Shopping Centers and Shared Parking also include such adjustments. Therefore, the stated standard ratios are "parking demand" for the design hour, but with the understanding that each provides a reasonable effective supply cushion for design purposes on the study day. Due to the number of compact spaces, time limited spaces and the high vehicle turnover in this lot, an effective supply cushion of 90 percent is used for this analysis. PROJECT STUDY AREA The study area is the Village Newport Balboa shopping plaza. The area is bounded by Coast Highway to the north, River Avenue to the south, and Balboa Boulevard to the west. Figure 1 provides an aerial overview of the study area. -0 WALKER PARKING CONSULTANTS Chronic Taco Walker Project #37- 8122.00 September 11, 2009 Page 4 Source: Walker Parking Consultants, 2009. -0 WALKER PARKING CONSULTANTS PROGRAM DATA Chronic Taco Walker Project #37- 8122.00 September 11, 2009 Page 5 Chronic Taco currently occupies a 660 square feet space tenant space with a three parking space requirement. The total requirement for the proposed restaurant is 21 spaces. Therefore, a minimum of 18 spaces need to be available to accommodate the proposed expansion. The total number of parking spaces in the supply inventory is 162. This includes 24 compact spaces, ten drive through spaces and five ADA spaces (approved by Use Permit #UP3139). The parking supply used in this letter report includes only the main 150 spaces (shown in Appendix C) which includes approximately 36 spaces near Jack in the Box, but does not include the ten (10) spaces in the Jack in the Box drive through or the two (2) parking spaces in the back of the project site. To ensure the efficiency of the parking area, Walker uses an effective ratio of 0.90 to estimate the number of useable spaces available for efficient movement. In this parking area the effective supply is 135 vehicle spaces (150 total spaces x 0.90 = 135 effective supply total spaces). As noted previously, the effective supply is the inventory of parking spaces, less a cushion needed to reduce the time parking patrons spend looking for last available spaces, and to allow for the dynamics of vehicles moving in and out of spaces. It is also needed to provide extra spaces for improperly parked vehicles, minor construction, etc. Walker's research for the International Council of Shopping Centers (ICSC) identified an effective supply ratio of 0.90 to be an efficient ratio for shopping plazas. DATA COLLECTION Walker reviewed parking counts conducted on behalf of the City of Newport Beach from April 29 to May 2 (also Wednesday through Saturday). A second set of hourly parking counts were conducted by Walker Parking Consultants from August 5 to August 8 from 9:30 AM until 12:00 AM. PARKING PROJECTIONS Walker examined parking demand using the ULI -based shared parking model. According to the model, the unadjusted 85" percentile demand for an additional 1500 square feet of fast food restaurant would be 22 vehicles. With adjustments for alternative transportation including walking, bicycling, and skateboarding, this number would likely be adjusted lower. M Chronic Taco WALKER Walker Project #37- 8122.00 PARKING CONSULTANTS September 11, 2009 Page 6 APRIL /MAY 2009 OCCUPANCY COUNTS During the April 2009 counts the peak occupancy occurred at 7:00 PM, on Wednesday, April 29, and was recorded as 101 vehicles. This represents an occupancy rate (observed vehicles divided by total inventory) of 67 %. According to the data sheets, there were 103 vehicles recorded during the 7:30PM timeframe, but in order to uniformly compare dates, we are only examining counts that occurred on the hour. The difference of two vehicles during the 7:30 PM peak period is not significant because Walker uses 85 percentile demand and not absolute demand for its projections. Walker avoids using absolute peak demand when evaluating a parking system because it may be an atypical situation which cannot be appropriately addressed by increasing the supply inventory. As a result, Walker uses 85" percentile demand which shows the area that is busier than average but not beyond what we believe is appropriate to accommodate a busy parking period. Figure 2 shows hourly occupancy during the April 2009 counts. The complete data from the April /May occupancy counts can be found in Appendix A. Figure 2: April —May 2009 Occupancy Counts Source: Data supplied by City of Newport Beach, April /May 2009. The April /May parking counts indicate there are ample parking spaces available to accommodate the planned expansion. 40WALKER PARKING CONSULTANTS AUGUST 2009 OCCUPANCY COUNTS Chronic Taco Walker Project #37- 8122.00 September 11, 2009 Page 7 A second set of counts were performed by Walker Parking Consultants. Walker performed data collection at the project site from 9:30 AM until Midnight on four consecutive days beginning on Wednesday, August 5 and continuing through Saturday, August 8, 2009. As with many other areas of Newport Beach, August is typically the busiest occupancy period for areas near the beach. Walker has conducted numerous counts in Newport Beach and found the summer season demand for parking to be nearly insatiable. The August counts therefore represent what we consider to be the absolute peak occupancy conditions. Peak occupancy is not typically used for planning parking since it represents atypical conditions that are more likely to result in an inefficient allocation of parking. Parking areas are not typically designed to accommodate peak demand because the additional spaces would only be used a few times per year and sit empty on all but a few days. A development built to accommodate peak parking would not only require additional land, raising the cost of development, it also leads to sprawl because so much land is required for parking. As Figure 3 illustrates, parking occupancy was generally higher during the August 2009 counts. The complete data from the August 2009 occupancy counts can be found in Appendix B. Source: Walker Parking Consultants, 2009. During the busy summer months peak parking occupancy is currently below the 90 percent effective supply level. Even with 18 additional vehicles parking demand would remain below the WALKER Chronic Taco 4# Walker Project #37- 8122.00 PARKING CONSULTANTS September 1], 2009 Page 8 effective supply limit for all but one time period. During that time period peak demand plus 18 vehicles would still be below the total supply of 150 spaces. PARKING CONDITIONS The parking area project site is not ideally shaped for efficient design. Twenty -four of the spaces are compact and the compact spaces are extremely small (7'6" wide). However, as Appendix C shows, the spaces are used, especially when the lot becomes busy. It should be noted that two spaces east of Circle K were not available for parking due to a large mobile storage container occupying those spaces. Those spaces were considered to be occupied during our counts since they were not available for vehicle parking. These containers should be moved to ensure appropriate parking availability. There are also a number of time - limited spaces on the property. These spaces are found in front of Bal -Port liquors and tend to reduce the effective inventory since many visitors are reluctant to park in those spaces. For efficient function, the time restricted spaces should be removed. Walker staff also observed a significant number of large delivery trucks parked in drive aisles or across several spaces. The trucks did not appear to be a barrier to access during peak periods. Again, if the spaces were not accessible while these trucks were parked, the spaces were considered to be occupied. Finally, Walker staff noticed a significant number of visitors walking, bicycling, or skate boarding to the site which may mitigate how many vehicle parking spaces are required. FINDINGS AND CONCLUSION Given the program data for the site and the assumptions provided within this analysis, the parking supply appears to be adequate for the proposed expansion. Based on Walker's experience conducting parking counts in numerous beach areas, including several in Newport Beach, we understand the demand placed on parking during the summer months. Given the size of the parking area and the size of the proposed expansion, Walker does not anticipate the additional size will negatively impact the parking at the project site. During the August 2009 parking counts, Walker examined 64 discrete time periods during peak summer occupancy periods. At no time did parking occupancy exceed the effective supply total of 135 spaces. During the four days worth of counts in August, the 85'^ percentile occupancy demand for those 64 time periods was 97 spaces, indicating that planned expansion could reasonably accommodate 38 additional vehicles (only 18 are required for the proposed expansion). The absolute peak period of 126 vehicles only occurred at one time, B:OOPM on Friday, August 7, 2009. The second highest occupancy recorded was 110 vehicles. The April /May counts we reviewed yielded similar numbers, without an outlier peak. The peak demand period for those counts occurred on a Wednesday, April 29, 2009 at 7:OOPM. The peak demand during this period was 101 vehicles. IVWALKER - n,ueiNC covsu! *,arvrs Chronic Taco Walker Project #37- 8122.00 September 11, 2009 Page 9 The table below compares parking occupancy counts observed during the peak day in the April /May period with the counts conducted during peak day August in August (both peak days occurred on a Friday). It also shows parking occupancy numbers with the addition of the 18 spaces that Code requires. Table 1: Parking Occupancy Summary and Projections Peak Day Observed Parking Counts (Friday Only) Using the Walker methodology, which is also found in the ULI publication Shared Parking, the 85th percentile demand observed during the four days of August counts was 97 vehicles. This 851h percentile demand plus the additional projected demand of 22 vehicles would result in a projected demand of 119 spaces. This represents approximately 79 percent of the total supply and 88 percent of the effective supply. There may be a few occasions during peak summer conditions where actual demand exceeds the projected demand, but Walker's experience indicates this will occur relatively few times throughout the year and will not likely occur during the less busy off- season autumn and winter months. If you have any questions or concerns please feel free to contact me. Sincerely, WALKER PARKING CONSULTANTS v Mark Linsenmayer, AICP, MPA, MURP Parking Consultant April /May %Supply August %Supply Average 68 45% 78 52% 85th Percentile 87 58% 98 65% Max 100 67% 126 84% Addition of 18 Spaces April /May %Supply August %Supply Average 86 57% 96 64% 85th Percentile 105 70% 116 77% Max 118 79% 144 96% Using the Walker methodology, which is also found in the ULI publication Shared Parking, the 85th percentile demand observed during the four days of August counts was 97 vehicles. This 851h percentile demand plus the additional projected demand of 22 vehicles would result in a projected demand of 119 spaces. This represents approximately 79 percent of the total supply and 88 percent of the effective supply. There may be a few occasions during peak summer conditions where actual demand exceeds the projected demand, but Walker's experience indicates this will occur relatively few times throughout the year and will not likely occur during the less busy off- season autumn and winter months. If you have any questions or concerns please feel free to contact me. Sincerely, WALKER PARKING CONSULTANTS v Mark Linsenmayer, AICP, MPA, MURP Parking Consultant APPENDIX A Chronic Taco Wednesday, April 29, 2009 Time Inventory Occupancy %Occupied 9:30 AM 150 44 29% 10:00 AM 150 52 35% 11:00 AM 150 76 51% 12:00 PM 150 83 55% 1:00 PM 150 87 58% 2:00 PM 150 68 45% 3:00 PM 150 58 39% 4:00 PM ISO 49 33% 5:00 PM 150 56 37% 6:00 PM 150 73 49% 7:00 PM 150 101 67% 8:00 PM 150 100 67% 9:00 PM 150 75 50% 10:00 PM 150 45 30% 11:00 PM 150 36 24% 12:00 AM 150 15 10% Average Occupancy 64 85th percentile Occupancy 86 Max Occupancy 101 Occupancy Wed, April 29, 2009 160 140 120 100 80 60 40 --*— Occupancy 20 PA P`S P`sc`lQ41 SQ�Q4Q`sQ`;1 41 sQ`sQ`sQ`sP`s °° ti cP ti cP °° o 0° o° 9g ° ° CP o° o ti °° .61 °y °��° ° v Chronic Taco Thursday, April 30, 2009 Time Inventory Occupancy % Occupied 9:30 AM 150 58 39% 10:00 AM 150 51 34% 11:00 AM 150 63 42% 12:00 PM 150 90 60% 1:00 PM 150 79 53% 2:00 PM 150 73 49% 3:00 PM 150 44 29% 4:00 PM 150 48 32% 5:00 PM 150 68 45% 6:00 PM 150 82 55% 7:00 PM 150 77 51% 8:00 PM 150 89 59% 9:00 PM 150 63 42% 10:00 PM 150 59 39% 11:00 PM 150 44 29% 12:00 AM 150 38 25% Average Occupancy 64 85th percentile Occupancy 81 Max Occupancy 90 Occupancy Thurs, April 30, 2009 160 - - -- — 140 120 100 80 — 60 40 — Occupancy 20 C5+ oXP tiCP ticfl tio° A° 4, ao° yo° �o° �o° -CP �dl oo° �Al �& ti ti ti ti� ti Chronic Taco Friday, May 1, 2009 Time Inventory Occupancy %Occupied 9:30 AM 150 44 29% 10:00 AM 150 56 37% 11:00 AM 150 48 32% 12:00 PM 150 75 50% 1:00 PM 150 84 56% 2:00 PM 150 69 46% 3:00 PM 150 45 30% 4:00 PM 150 48 32% 5:00 PM 150 64 43% 6:00 PM 150 69 46% 7:00 PM 150 100 67% 8:00 PM 150 94 63% 9:00 PM 150 88 59% 10:00 PM 150 68 45% 11:00 PM 150 73 49% 12:00 AM 150 70 47% Average Occupancy 68 85th percentile Occupancy 87 Max Occupancy 100 Occupancy Fri, May 1, 2009 160 140 120 100 80 60 40 --*--Occupancy 20 �3 ° oIP ti°° �°° o° ticP 30° a°° 5°° o°° 1°° �°° � o oCP ti°° tio° ' r 1 1 1 1 Chronic Taco Saturday, May 2, 2009 Time Inventory Occupancy % Occupied 9:30 AM 150 60 40% 10:00 AM 150 69 46% 11:00 AM 150 74 49% 12:00 PM 150 97 65% 1:00 PM 150 92 61% 2:00 PM 150 86 57% 3:00 PM 150 73 49% 4:00 PM 150 75 50% 5:00 PM 150 58 39% 6:00 PM 150 69 46% 7:00 PM 150 71 47% 8:00 PM 150 71 47% 9:00 PM 150 71 47% 10:00 PM 150 66 44% 11:00 PM 150 76 51% 12:00 AM 150 66 44% Average Occupancy 73 85th percentile Occupancy 83.5 Max Occupancy 97 Occupancy Sat, May 2, 2009 160 140 120 100 80 60 40 --*--Occupancy 20 P�P�P" rQ`sa`Sa`sQ`SQ�Q�Q�Q�Q�Q�Q�Q�P� ti ti ti ' ti ti APPENDIX B Chronic Taco Wednesday, August 5, 2009 Time Inventory Occupancy %Occupied 9:30 AM 150 61 41% 10:00 AM 150 67 45% 11:00 AM 150 69 46% 12:00 PM 150 88 59% 1:00 PM 150 110 73% 2:00 PM 150 95 63% 3:00 PM 150 65 43% 4:00 PM 150 62 41% 5:00 PM 150 63 42% 6:00 PM 150 81 54% 7:00 PM 150 81 54% 8:00 PM 150 88 59% 9:00 PM 150 38 25% 10:00 PM 150 51 34% 11:00 PM 150 45 30% 12:00 AM 150 46 31% Average Occupancy 69 85th percentile Occupancy 88 Max Occupancy 110 Occupancy Wed, Aug. 5,2009 160 140 120 100 80 60 40 —*---Occupancy 20 PAP` SP `sQ`SQ`SQ`Sa`sQ`sa`�e`�eeeeeP� .o° .o° o° o° o° .o° o° o° .o° .o° Chronic Taco Thursday, August 6, 2009 Time Inventory Occupancy % Occupied 9:30 AM 150 55 37% 10:00 AM 150 57 38% 11:00 AM 150 59 39% 12:00 PM 150 69 46% 1:00 PM 150 110 73% 2:00 PM 150 89 59% 3:00 PM 150 59 39% 4:00 PM 150 51 34% 5:00 PM 150 62 41% 6:00 PM 150 89 59% 7:00 PM 150 94 63% 8:00 PM 150 102 68% 9:00 PM 150 67 45% 10:00 PM 150 54 36% 11:00 PM 150 30 20% 12:00 AM 150 33 22% Average Occupancy 68 85th percentile Occupancy 93 Max Occupancy 110 Occupancy Thu, Aug. 6, 2009 160 140 120 100 80 60 40 -4—occupancy 20 PA o PtiS l pS 1%S ` e 9 1 941 941 Q`S Q`S 9,kt �,P o° oP .61 41 .o.o boycP .0s, .61 s P� .0 X00 000100.00 Chronic Taco Friday, August 7, 2009 Time Inventory Occupancy % Occupied 9:30 AM 150 46 31% 10:00 AM 150 59 39% 11:00 AM 150 60 40% 12:00 PM 150 85 57% 1:00 PM 150 109 73% 2:00 PM 150 82 55% 3:00 PM 150 73 49% 4:00 PM 150 59 39% 5:00 PM 150 77 51% 6:00 PM 150 90 60% 7:00 PM 150 101 67% 8:00 PM 150 126 84% 9:00 PM 150 81 54% 10:00 PM 150 84 56% 11:00 PM 150 67 45% 12:00 AM 150 56 37% Average Occupancy 78 85th percentile Occupancy 98 Max Occupancy 126 Occupancy Fri, Aug. 7, 2009 160 -- 140 120 100 80 60 40 tOccupancy 20 P�P�P`sa`sQ`se`s Q`s Q`s a`s c�Q`s Q`s Q`s Q`S Q`s P`s oSP ti� ti °� ti°� ti°, 3 °� a °� h °p �°P �°� �°� a°� o°� ti °� ti°, 1 1 Y 1 ti Chronic Taco Saturday, August 8, 2009 Time Inventory Occupancy % Occupied 9:30 AM 150 76 51% 10:00 AM 150 69 46% 11:00 AM 150 91 61% 12:00 PM 150 99 66% 1:00 PM 150 109 73% 2:00 PM 150 92 61% 3:00 PM 150 91 61% 4:00 PM 150 98 65% 5:00 PM 150 90 60% 6:00 PM 150 85 57% 7:00 PM 150 81 54% 8:00 PM 1S0 103 69% 9:00 PM 150 89 59% 10:00 PM 150 83 55% 11:00 PM 150 76 51% 12:00 AM 150 78 52% Average Occupancy 88 85th percentile Occupancy 98.75 Max Occupancy 109 Occupancy Sat, Aug. 8, 2009 160 140 120 100 80 60 40 Occupancy 20 P�P�P` SQ` sc `sa�e�Q`SQ�Q`sQ`SQ`sQ`ra`SQ`sP� �§1 oo° tio° ticP ti°° .o° a°° 561 �o° �.o° e°° C5. o �o° �°° ti ti ti ti ti ti D rn Z 0 X n //X LEGEND ADA Space C 15 ■ 20 c« Compact Space (signed( 15 Min Limit- Liquor Store only Chronic Taco — Current Site Proposed Expansion Storage Container 20 Min Limit Compact Size (not signed( Parking Site Characteristics 1-1-1-i -P 4 rrrrrrrrrn- rrrrrrrrrr c c c c c c ■ ]5 0 Ln 0 aq rD r) 0 :3 (D 0 rD rD uj 0 n 0 C: D r+ V) 10:00 AM Occupancy Counts _ Chronic Taco Site 0 Storage Container 1 11 111181 111 _ Chronic Taco Site 0 Storage Container 11:00 AM Occupancy Counts I 1 01 oil No pill III 111 dlllIIIIII oil 1111V _ Chronic Taco Site E Storage Container Noon Occupancy Counts = Chronic Taco Site 0 Storage Container JA 11 �I� 11 1:00 PM Occupancy Counts All 11 01 — d11111111111���I111M�1p , _ Chronic Taco Site E Storage Container 2:00 PM Occupancy Counts _ Chronic Taco Site 0 Storage Container 3:00 PM Occupancy Counts 11 NUNN NUN 11 — Chronic Taco Site E Storage Container 4:00 PM Occupancy Counts dIIIIIIIINIIIsit Chronic Taco Site 0 Storage Container 5:00 PM Occupancy Counts I 11 J I I I I I I III uN I I IN Ial 11 1 MINORU AL III 1 t 11111M ® Chronic Taco Site M Storage Container 6:00 PM Occupancy Counts 1110 1 _ Chronic Taco Site 0 Storage Container 7:00 PM Occupancy Counts d ill IIIIMII���IIIIII� _ Chronic Taco Site 0 Storage Container 8:00 PM Occupancy Counts — Chronic Taco Site 0 Storage Container illillifito 11111lial F5 — Chronic Taco Site 0 Storage Container 9:00 PM Occupancy Counts All l I IM 1w� 111111110 _ Chronic Taco Site 0 Storage Container 10:00 PM Occupancy Counts ® Chronic Taco Site 0 Storage Container 1 11 11110111111111111alt , ® Chronic Taco Site 0 Storage Container 11:00 PM Occupancy Counts JJ 1 _ Chronic Taco Site E Storage Container Midnight Occupancy Counts NIIIIYI_ poll _._I -IYo _ Chronic Taco Site 0 Storage Container //X L r- 0 C./) C!) D DEFINITIONS OF TERMS The following definitions are provided to help clarify some of the parking terms that are particular to this document. More complete discussions are provided throughout this document. Parking Supply— The total number of marked parking spaces within the defined study area. Effective Parking Supply — The inventory of parking spaces, less a cushion needed to reduce the time parking patrons spend looking for last available spaces, and to allow for the dynamics of vehicles moving in and out of spaces. It is also needed to provide extra spaces for improperly parked vehicles, minor construction, etc. Parking Demand — The number of parking spaces required to satisfy each user group's parking needs on any given day. Occupancy— The number of parking spaces occupied by vehicles. This information is gathered by performing occupancy counts in each parking facility located within the study area. Parking Demand Ratio — The ratio of the number of vehicles recorded to occupy parking spaces compared to a reference statistic. For example, if there are 1,000 employees and an observed peak occupancy of 400 vehicles in the employee parking facilities, the demand ratio is 0.40 (400/1000) per employee. A parking demand ratio is equal to the presence factor multiplied by the drive ratio. The presence factor is the portion of a user group that is present during the peak hour. The drive ratio is the percentage of a particular user group that drives a vehicle to the campus. Parking Adequacy — Parking adequacy is measured in terms of effective supply vs. demand, resulting in a surplus or deficit. The parking surplus /deficit is the difference between the effective supply of parking spaces and the demand for those spaces. Attachment No. CC 4 April 2009 Parking Study 11 MAY -04 -2009 08:44 AM TSI 949 +352 +8443 P -02 L C/��/ a o• rea _� rM FUME - e ems�;�•�� ��_® rr� As rg'J:4m MEMO VIRTITim Wns OW mnivEm- l rrom r ' r • ® -�- L C/��/ MAY -04 -2009 05:44 AM TSI *_ Eel F-I ill MEN rint -71 A m nni �rsr����■� 949 +852+5441 P.03 � �i MAY --04 -2009 08:46 AM TSI - 949 +852 +8441 P -01 ' • - • _ c ao �■r�c�■t��s�� oil LA OM e 1 • ��-c������� . a 1 - i'F���� • i - u �Z'l��� 1 - Wpm -_ -_�_ MAY - 04-2009 08:47 AMTSI 949+852 +8441 P_02 `! • lee WCl'L�:17a YrJ:JrYi��_�_ Attachment No. CC 5 Project Plans v i $SSIRDDM D18ARL @D ACCESS NOTRS ��- µmM1m�WmwcwY e�aWm�gp �!� C` uiw —1 . �Y. sb Vfms al Y40.�.f W.YYLLgb M� _._•.... ... X999 ^gtlpvtl�mYp iii buWmm..pWWeya.m+l m� � -.. wYW mP M'Wlw+s.T eo. Wf —0 •y�i vxui .- ..W.ur:.avi�We.Ni ! sw Wii.anam wlY.. m! mmPi m. tlJtl •. � 4 -1 i 'i ��►� "'ice'}= \` � ;� ��,�.. 1 ' � . i v }t iee yr' n I. Flodr Plan, Front Elevation :Q PLANWOMARTMElff JUL $1 Y009 "*nwm - CITY OF NEWPORT BEACH - y X w TM Rox a Q a :WSpuw I/ i P is . wea .:x�rtsK /•,- C�MODXT k ACM 81 E ROUT OP TRA Fj� ® 3S SEE DETADS PAGES A -1 k A -2 � x � �� all aw :• e®.s.w..s raa e./.m «s.ww/a au mw.n t4N - M -. .. •vem wrmn « rmw wN . Plan �• F m W@. 4tl a.m y.m msusmn .. mvw r.mu - - •.m-v ��mmiun4 w...w ..d. w+. .mom - °a �av`.� `m gym. s`:.°. `.: s.mn.�— ..... ....� o.wd m. AaD esw.4ft Attachment No. CC 6 Police Memorandum ��j City of Newport Beach Police Department Memorandum July 31, 2009 TO: Russell Bunim, Assistant Planner FROM: Detective Bryan Moore SUBJECT: Chronic Taoos, 4525 West Coast Highway, Use Permit No. UP2009 -012 (PA2009 -050). At your request, the Police Department has reviewed the project application for Chronic Tacos, Inc., located at 4525 West Coast Highway, Newport Beach. Per the Project Description submitted by TJ Design, the proposal is for an expansion of the existing space. The food preparation will take place in the existing space which will now be reserved for walk -in and take -out orders. The expanded space (currently occupied by The Green Room) will be utilized as a dining /seating area for patrons who wish to dine -in. A server will take orders, via a pass- through window, and then serve the food to patrons seated at tables. The applicant is applying for a Type 41 (On -Sale Beer & Wine) license with the Department of Alcoholic Beverage Control. I have included a report by Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business. This reporting district is 151 crimes more or 84.42% above the City wide reporting district average. Additionally, this location is within an RD that is over the Orange County per capita of ABC licenses. Applicant History Chronic Tacos, Inc., was founded in 2001 by Daniel A. Biello and Randall L. Wyner. The concept was fast, fresh, made -to -order Mexican food at an affordable price. The Newport Beach location was the first to open its doors in July of 2002. Since then, Chronic Tacos has become a franchise company forming Chronic Tacos Enterprises. There are now more than 20 Chronic Tacos throughout California, including franchises in Arizona and Idaho. J� Chronic Tacos, Inc. UP2009 -012 Signs and Displays Any signs or displays would. need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Hours of Operation The proposed hours of operation are from 7 a.m. to 12 a.m. daily. The applicant proposes to serve alcohol to customers between the hours of noon and 10 p.m., after which sales will be cut off. Past experience has shown that it is extremely difficult for the Police Department to monitor the service /consumption of alcoholic beverages when a business remains open after service is discontinued. An additional consideration is the over concentration of ABC licensed establishments in this reporting district and the district adjacent to the location. The Newport Beach Police Department is required to spend a substantial amount of time and resources policing this area. The majority of the problems include such things as noise complaints, public drunkenness and DUI enforcement. The area (known as the Triangle Lot) also experiences heavy vehicular and pedestrian congestion on weekends, holidays and summer months. For this reason, the Newport Beach Police Department has determined that in order to maintain the health, safety and welfare of the community, the expanded dining/seating area should close at 10 p.m. (at which time all alcoholic beverage service /consumption is discontinued). We propose that the existing (kitchen) area remain open for take -out orders only until 12 a.m. Security The Police Department has no recommendations. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. 2� Chronic Tacos, Inc. UP2009 -012 Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the Conditional Use Permit for the business: 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 licensee. 3. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 4. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 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 sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 7. There shall be no dancing or live entertainment allowed on the premises. Chronic Tacos, Inc. UP2009 -012 Alcoholic Beveraae Control License Upon approval of the CUP, the ABC license will be conditioned as necessary to maintain the health, safety and welfare of the community. If you have any questions, please contact me at (949) 644 -3725. Detective Bryan Moore ABC Liaison Crai Frizzell, Lieutenant Acting Division Commander - Detective Division 4 �I City of Newport Beach Police Department Memorandum August 6, 2009 TO: Russell Bunim, Assistant Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Chronic Taco at 4525 West Coast Hwy. This area encompasses our reporting district (RD) number 16 as well as part of Census Tract 635. This report reflects City of Newport Beach crime data for calendar year 2008, which is the most current data available. Calls for Service Information City wide there were approximately 68,886 calls for police services during this time, of which 3,231 were in RD 16. 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 6,779 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,889 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,890 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,430.38 per 100,000 people. The national Part One crime rate was 4,063.4* per 100,000 people. Crimes RD 16 Newport Beach California* National* Part 1 118 2,889 1,390,709 11,556,854 Part 2 108 3,712 N/A N/A Part 1Crime Rate 4,473.09 3,430.38 3,848.95 3,898.94 The number of active ABC licenses in this RD is 7 ** Per capita ratio 1 license for every 377 residents. This reporting district had a total of 329 reported crimes as compared to a City wide reporting district average of 178 reported crimes. This reporting district is 151 crimes more or 84.83% above the City wide reporting district average. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. 9 1 Arrest Information There were 25 DUI arrests and 78 Plain Drunk arrest in this area during this same period as compared to 1,680 for the entire city. This RD amounts to 6.13% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 16 Newport Beach California* National* (DUI/Drunk) 103 1,680 N/A N/A Total Arrests 242 3,595 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 1 116 310 Part 2 116 278 Crime Rate 6,349.21 10,965.69 Arrests (DUI/Drunk) 67 557 Total Arrests 164 946 Calls For Service 2,996 6,599 Number of active ABC licenses 5 ** 98 ** Per capita ratiol license for every 365* residents 29* 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 84,218. *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 Placedby: Fax #: Ad Copy: NOTICE0FI'MCKA11I116 Cllsonir Taos Apped Use Pemdl No.(1112009 -012 aid Use PergA No.lfP2W9 -020 VA2009 -050) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the following item: An appeal of the Plan. ning Commission's denial Of a use permit for a full-service, high turn. over eating and drinking establishment with beer and wine service and a parking waiver (Chronic Tacos). The appeal was filed by the applicant/owner of Chronic Tacos, Dan Biello. This project has been determined to be Cate- gorically exempt under the requirements of the California Environmental Quality Act under Class a 3 (New Construction or Conversion of Small Structures). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on September 22, 2009, at the hour of 7:00 p -m. in the Council Chambers of the Newport Beach City Hall. 3300 Newport Boule. vard, Newport Beath, 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 corre. spondence delivered to the City at, or prior to• the public hearing. For information call (949) 644.320D. Leilanr Brown. City Clerk City of Newport Beach Pu blished Rew P art9ea4li( Costa Mesa Oally Pilot September 12, 2009 Sa956 CLASSIFIED J r Daily Pilot ADVERTISING r'rs —� Daily Pilot Prinsedb928usa; hiels "8 Salesperson: H B I Phone: Ad # 32826810 i . .........,...:. .», .. . d. .... ... ........... ..... .....,... ....._..., ....T.,,,_., „�.,,,.._.e:....,.. _ ...:. :........._......,. �,....... �,.,...<,.,._.,..:......«.... ................,.,....._.,...- ....,,., AcCouintInformation Adlniormation - ::::::•.. ..:.:..:... :::......r,:, .:..., Phone #: (949)644 -3005 . Startdate 09 -12.09 Size 1x69.810 Name:, CITY OF NEWPORT BEACH- Stopdate:09 -12-09 Billedsize 7.00TCNInch AG12622 Insertions 1 Keyword Address: 3300 Newport Blvd. Rate code, &Legal Newport Beach Adtype Liner Newport Beach, CA 92663 Takenby•9962 Susan Channels Acct #: 296271603 Classification 13000-Legal Notices Publications TCN Dairy Pilot Client: CITYCLERK_SOFFICE- CITYOF NEWPORT Placedby: Fax #: Ad Copy: NOTICE0FI'MCKA11I116 Cllsonir Taos Apped Use Pemdl No.(1112009 -012 aid Use PergA No.lfP2W9 -020 VA2009 -050) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the following item: An appeal of the Plan. ning Commission's denial Of a use permit for a full-service, high turn. over eating and drinking establishment with beer and wine service and a parking waiver (Chronic Tacos). The appeal was filed by the applicant/owner of Chronic Tacos, Dan Biello. This project has been determined to be Cate- gorically exempt under the requirements of the California Environmental Quality Act under Class a 3 (New Construction or Conversion of Small Structures). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on September 22, 2009, at the hour of 7:00 p -m. in the Council Chambers of the Newport Beach City Hall. 3300 Newport Boule. vard, Newport Beath, 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 corre. spondence delivered to the City at, or prior to• the public hearing. For information call (949) 644.320D. Leilanr Brown. City Clerk City of Newport Beach Pu blished Rew P art9ea4li( Costa Mesa Oally Pilot September 12, 2009 Sa956 NOTICE OF PUBLIC HEARING Chronic Tacos Appeal Use Permit No. UP2009 -012 and Use Permit No. UP2009 -020 (PA2009 -050) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the following item: An appeal of the Planning Commission's denial of a use permit for a full - service, high turnover eating and drinking establishment with beer and wine service and a parking waiver (Chronic Tacos). The appeal was filed by the applicant/owner of Chronic Tacos, Dan Biello. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on September 22, 2009, 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. Leilani Brow , City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Chronic Tacos Appeal Use Permit No. UP2009 -012 and Use Permit No. UP2009 -020 (PA2009 -050) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach. will hold a public hearing on the following item: An appeal of the Planning Commission's denial of a use permit for a full - service, high turnover eating and drinking establishment with beer and wine service and a parking waiver (Chronic Tacos). The appeal was filed by the applicant/owner of Chronic Tacos, Dan Biello. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on September 22, 2009, 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. Leilani Brovii, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Chronic Tacos Appeal Use Permit No. UP2009 -012 and Use Permit No. UP2009 -020 (PA200"50) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the following item: An appeal of the Planning Commission's denial of a use permit for a full - service, high turnover eating and drinking establishment with beer and wine service and a parking waiver (Chronic Tacos). The appeal was filed by the applicant/owner of Chronic Tacos, Dan Biello. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on September 22, 2009, 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. Leilani Brown, Gity Clerk City of Newport Beach Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach, CA 92658 -8915 IMPORTANT PUBLIC HEARING NOTICE Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach, CA 92658 -8915 IMPORTANT PUBLIC HEARING NOTICE NOTICE OF PUBLIC HEARING Chronic Tacos Appeal Use Permit No. UP2009 -012 and Use Permit No. UP2009 -020 (PA2009 =050) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the following item: An appeal of the Planning Commission's denial of a use permit for a full- service, high turnover eating and drinking establishment with beer and wine service and a parking waiver (Chronic Tacos). The appeal was filed by the applicant/owner of Chronic Tacos, Dan Biello. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on September 22, 2009, 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. "AAK Co -- Leilani Brown, City Clerk City of Newport Beach CourreIL Asf,sn�:a 9 as -o9 WEST NEWPORT BEACH ASSOCIATION P.O. Box 1471 Newport Beach, California 92659 -0421 www.westnewport.org September 17, 2009 To: Newport Beach Planning Department, Newport Beach City Council RE: Chronic Taco appeal At the WEST NEWPORT BEACH ASSOCIATION meeting on July 29, 2009 a discussion was held regarding the request for expansion by Chronic Tacos to include more dining space and a beer and wine license. The Planning Commission denied the request. During discussion Board members stated that the site has a high intensity of use. Parking is diHicuft now. There is an over concentration of liqueur licensees in this area and the adjacent area. Too many parking requirements have been waived at this site in the past. After the discussion a motion was made by Paul Watkins, our immediate Past President, for the WNBA to not support this expansion and to not support adding addition alcohol licenses at this location. The motion passed by a unanimous vote. Respectfully subm' George Schroeder WNBA Board of Directors September 9, 2009 Attn: Mr. Russell Bunim Asst. Planner — City of Newport Beach CC: Lynette Morse Websco Brokerage Management 505 E. First Street Suite H Tustin, CA 92780 To Whom It May Concern: I am writing this letter on behalf of myself and other business owners in the Village Balboa complex located on the comer of Balboa Blvd. & Coast Hwy. We are disputing the consideration of approval for use permit UP2009 -020 and UP2009-012 regarding the expansion of "Chronic Tacos" located at 4525 W. Coast Hwy. The basis of this dispute is upon two material facts: 1. Parking in this plaza is limited. Parking studies conducted in off season do NOT show the detrimental effect on existing businesses that a parking waiver would cause during summer months. This fact is evidenced by the fact that 4 months out of the year, owners of businesses within this complex pay additional CAM charges to have onsite security to monitor our lack of parking. 2. Overpopulation of liquor licenses in the nearby area that create a detriment on the police force as well as business owners already maintaining responsible operations. It is of our belief, that business owners should be contacted prior to any consideration of approval for use permits that serve to potentially detriment our respective businesses. Due to concern over creating unfriendly relations with our neighbors, we as business owners would like to remain anonymous in our objection. But if polled individually, the city would clearly see that although the brokerage in management of this complex may not object to the expansion, the individual business owners undoubtedly do. Sincerely, Anonymous Business Owners in Vi" Balboa Washington, Lillian From: Brown, Leilani Sent: Tuesday, September 22, 2009 7:47 AM "RECEIVV ER AGENDA To: Washington, Lillian; Stanley, Shana Subject: Fw: Chronic Tacos appeal PRINT ED:" Q Attachments: AGENDA APRIL 13 2009.pdf; cm chronic tacos.pdf From: Cynthia koller <gracenbl @yahoo.com> To: Brown, Leilani Cc: Henn, Michael; Rosansky, Steven; Curry, Keith; Gardner, Nancy; Daigle, Leslie; edselich @adelphia.net <edselich @adelphia.net>; Earl McDaniel <emcdaniel @fullertoncb.com>; Susan /Barry Eaton <eaton727 @earthlink.net>; Scott Poetter <scott.peotter @taxfighter.ccm>; Michael Toerge <strataland @earthlink.net>; Robert Hawkins <rhawkins @earthlink.net >; Kiff, Dave; Harp, Aaron; Lepo, David; Bunting, Steve Sent: Mon Sep 21 21:24:08 2009 Subject: Chronic Tacos appeal Please submit for the record: Mayor and Council members: Below you will find what I submitted when 1 attended the Planning Commission Meeting of June 18 requesting a denial in regards to Chronic Taco's application for a use permit. Please note that the applicant boasted at the same Planning Commission Meeting that he "deserves this" (the use permit) and to call other cities in which he has restaurants and speak with them as "he is loved by them all ". Not only did the City of Upland close his restaurant down because of excessive crime as I stated and showed at the Planning Commission Meeting, but I did my research and his establishment in Costa Mesa is also a nuisance to the City. 1 have attached the City of Costa Mesa Council Minutes of June16, 2009 and in them you will read that Chronic Taco is a problem and a nuisance for this city, so much so that they passed a Resolution authorizing the acceptance of a grant from the California Department of Alcoholic Beverage Control to help deal with the cost burden of these negative impacts on their city. This grant is needed by the city of Costa Mesa to monitor and enforce state laws that are being broken by four nuisance restaurants/bars, one of which is Chronic Cantina. You will also read that the city of Costa Mesa states "they believe the ABC Grant will supplement their efforts to control Alcohol related issues at the point of sale ".. In other words try to stop the sale of alcohol to minors and related incidents, DUI'S, fights, crime. The negative impacts from Chronic Cantina costs the City of Upland and the City of Costa Mesa time, money and resources they don't have. Why would you, our City Leaders consider letting Chronic Tacos expand into such a small overcrowded strip mall which has five other establishments already selling alcohol. Our peninsula is over saturated by bars.. The Peninsula has the most bars per person in the entire City. Our peninsula is already over concentrated by recovery homes in this immediate area. Does anyone really believe that putting these two over concentrated uses in such a compact neighborhood is good planning? When you add to the above negative impacts the use of this parking lot for: partying, beach parking, eating out of the back of ones cars, excessive bike traffic, excessive foot traffic from the beach extreme amounts of trash that is left behind everyday deliveries extremely small parking spaces I think it is obvious that Chronic Taco's should search out another more feasible , neighborhood friendly location and not add to the residents or the cities burden. 1 hope you will deny Chronic Tacos appeal and take into consideration our own planning commissions findings and denial. Respectfully, Cindy Koller Peninsula Resident PLANNING COINI VSSION MEETING:4.L 1 M. 18, 2009 Gentlemen: Please enter this in the record for the Planning Commission Meeting, today, June 18, 6:30pm.. 1 am requesting you deny the "Chronic" Use Permit for the following reasons: 1.. Applicant is asking for a Beer and Wine A.B.C. Type 41 License.. This very small, dense strip mall already has THREE establishments that sell hard liquor, beer and wine, extremely close to residential areas and a PARK. 2. Applicant is asking for an 18 space parking waiver on top of a 40 space parking waiver that encompasses all eating and drinking Establishments. This strip mall is known for parking problems and CONGESTION through out the year and it is especially bad on weekends and in Summer and Spring months. As a local we have a hard time NOW finding spaces just to eat brunch or dinner. It is ridiculous to add additional parking to this already frustrating problem in such a dense high traffic area. 3. Applicant is asking for a'TAKE OUT' from 7AM TO MIDNIGHT. This is just adding to the traffic, noise and parking space problem that already exists. 4. Applicant is advertising "pool tables" at the proposed establishment NOW. When questioned by our City the applicant denies pool tables will be in new use area. Why advertise to the public that there will be pool tables when there will be none? 5. The Newport Beach Police Dept., by their own admission, knows this area to be used for the selling of drugs and drug use. The applicant has a pattern and history of code violations and crime in other locations. Please click on this link below for the minutes of Upland City Council Meeting to revoke Chronics use permit: http: / /www.ci.upland.c:a.us/ asp /Site /CitvHa]I /A pendaMin/details .asp ?ID = 955 &SrcID =1 You will find in reading these minutes and the staff report that in 14 months of operation Chronic had 70 calls for service with 25 arrests. Also included: POLICE DEPARTMENT 2 attempted murders 11 -1 -08 man shot 10 -19 -08 man stabbed 2 car jackings 3 felony assaults 14 other types of assaults 1 fire arm discharge 12 -07 -08 shots fired 4 auto thefts 4 auto burglaries 5 thefts 3 DUI's 5 public intoxication's 33 disturbances 4 incidents needed outside police services FIRE DEPARTMENT Fire department fire watch for "Chronic" 39 times On one occasion the Fire Department called in Police as Chronic had covered smoke alarms to disable there use,in order to use a fog machine and when the Fire Department tried to clear the building the crowd became hostile. Tenants have found tail- gating in the parking lot and crime to the extent that they have a buddy system for patrons when they go to their cars. They have also consistently found beer bottles, underwear, prophylactics, syringes and Chronic business flyer's in the parking lots. It is obvious that this USE is not consist with a safe and quiet neighborhood that surrounds this area. This parking lot is already known for drug use, transients, trash, and fights, why add to the existing problems and burden the residents and the city services. We, the residents, already have belligerent drunks using River Ave instead of Balboa so they are not caught by police, they yell, fight, cuss and urinate on our properties, even vomit in our yards. This is a huge additional strain on our Police and Fire Services as written in the City Staff Report of Upland. Why would we even consider this use when we are in such hard economic times and having to scale back on all city budget considerations? I think it is safe to say most residents love Chronic Tacos but do not want another crowded noisy bar in our neighborhood. As a West Newport Resident I am asking you to please deny this USE PERMIT. Sincerely, Cindy Koller West Newport Resident UPLAND COMMUNITY REDEVELOPMENT AGENCY AND UPLAND CITY COUNCIL AGENDA APRIL 13, 2009 CITY COUNCIL CHAMBERS 460 N. EUCLID JOHN V. POMIERSKI, MAYOR BRENDAN BRANDT, MAYOR PRO TEM RAY MUSSER, COUNCILMEMBER TOM THOMAS, COUNCILMEMBER KENNETH W. WILLIS, COUNCILMEMBER CITY MANAGER ROBB QUINCEY CITY ATTORNEY WILLIAM P. CURLEY, III CITY CLERK STEPHANIE A. MENDENHALL AGENDA APRIL 13, 2009 PAGE 2 6:00 P.M. Closed Session I • • 116111 Wifill 11 RE61 • • SX414111 \ 3. ORAL COMMUNICATIONS: This is the time for any citizen to comment on any item listed or not listed on the agenda. Anyone wishing to address the legislative body should submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to no more than three (3) minutes. The use of visual aids will be included in the time limit. Under the provisions of the Brown Act, the legislative body is prohibited from taking action on items not listed on the agenda. 4. CLOSED SESSION: (6:00 P.M.) City Council will recess to Closed Session pursuant to Government Code Section A. 54956.9 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Case Name: San Bernardino County Flood Control District and the County of San Bernardino vs San Bernardino Associated Governments and San Bernardino County Transportation Authority, State of California Ex Rel Department of Transportation, the City of Upland, and Does 1 through 100, Inclusive (Case No. 37- 2008 - 00079230- CU- CO -CTL) (Transferred from San Bernardino County) B. 54956.9 CONFERENCE WITH LEGAL COUNSEL- ANTCI PATE D LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case 7:00 P.M. S. FLAG SALUTE: 6. INVOCATION: Paul Buch, Cantor, Temple Beth Israel 7. PRESENTATIONS: Proclaim April 12 -18, 2009 as, National Library Week, to be accepted by Principal Librarian Celeste Fong Recognition of Arbor Day Contest Winners: Christina Dang (Baldy View); Skyler DeLosReyes (Foothill Knolls); and Alyson Sifling (Sycamore) Proclaim April 2009 as Child Abuse Prevention Month, to be accepted by Lynda Van Hoof, member of Child Abuse Prevention Planning Committee AGENDA APRIL 13, 2009 PAGE 3 Proclaim May 9, 2009 as Letter Carrier's Food Drive Day, to be accepted by Paula Miller, Vice- President of the National Association of Letter Carriers Branch 2168 and Gloria Collins, Postmaster of the Upland Post Office Proclaim May 15 and 16, 2009 as World Hunger Relief Days, to be accepted by Scott Dexter S. CITY ATTORNEY- AGENCY COUNSEL: 9. ORAL COMMUNICATIONS: This is the time for any citizen to comment on any item listed or not listed on the agenda. Comments relative to noticed public hearing items will be heard at the time the public hearing is conducted. Anyone wishing to address the legislative body should submit a speaker card to the City Clerk at or prior to speaking. The speakers are requested to keep their comments to three (3) minutes. Speakers will be given five (5) minutes during public hearings. The use of visual aids will be included in the time limit. Under the provisions of the Brown Act, the legislative body is prohibited from taking action on items not listed on the agenda. 10. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the legislative body request specific items be removed from the Consent Calendar for separate action. A. WAIVE READING OF ORDINANCES AND RESOLUTIONS Approve the reading by title of all ordinances and resolutions and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. Staff will prepare summaries of all ordinances considered by the City Council and publish the summaries at least five days prior to adoption. B. APPROVAL OF MINUTES Approve the Special Meeting Minutes of March 23, 2009 and the Regular Meeting Minutes of March 23, 2009. (Staff Person: Stephanie Mendenhall) C. APPROVAL OF WARRANTS AND PAYROLL REGISTERS Approve Warrant Register dated March 23, 2009 in the amount of $1,431,288.98 and Payroll Register dated March 26, 2009 in the amount of $777,487.39; dated March 30, 2009 in the amount of 2,125.58; dated April 9, 2009 in the amount of $768,929.10 and $60,193.89. (Staff Person: Stephen Dunn) D. 2ND READING OF ORDINANCE ENVIRONMENTAL ASSESSMENT REPORT EAR - 1483, GENERAL PLAN AMENDMENT GPA- 08 -02, ZONE CHANGE ZC -08 -01 AND ZONE TEXT AMENDMENT ZA -08 -01 FOR A VACANT PARCEL LOCATED AT THE NORTHWEST CORNER OF 9TH STREET AND BODENHAMER STREET Hold 2nd reading by number and title only and adopt Ordinance No. 1846, approving Zone Change No. 08 -01 and Zone Text Amendment No. 08 -01. (Staff Person: Megan Irwin) AGENDA APRIL 13, 2009 PAGE 4 E. NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PARTICIPATION BETWEEN THE COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING (COUNTY) AND THE CITY OF UPLAND (CITY) Adopt a Resolution approving the participation with the NSP by and between the County and the City and authorizing the City Manager to enter into an agreement and execute any other necessary and related documents with the County to participate with the NSP. (Staff Person: Liz Chavez) F. ACCEPTANCE OF FINANCIAL ASSURANCE MECHANISM FOR HOLLIDAY ROCK, CALIFORNIA MINE NUMBER 91 -36 -0003, 2006 NORTH CAMPUS AVENUE Adopt a Resolution accepting the financial assurance mechanism in the form of an Irrevocable Letter of Credit from Holliday Rock, in the amount of $189,017 and direct staff to provide the State of California Department of Conservation with signed record(s) of acceptance. (Staff Person: Jeff Bloom) G. ACCEPTANCE OF FINANCIAL ASSURANCE MECHANISM FOR HOLLIDAY ROCK, CALIFORNIA MINE NUMBER 91 -36 -0006, 2193 W. FOOTHILL BOULEVARD Adopt a Resolution accepting the financial assurance mechanism in the form of an Irrevocable Letter of Credit from Holliday Rock Company, in the amount of $598,016 and direct staff to provide the State of California Department of Conservation with signed record(s) of acceptance. (Staff Person: Jeff Bloom) H. ACCEPTANCE OF FINANCIAL ASSURANCE MECHANISM FOR CALMAT CO. (VULCAN MATERIALS CO) CALIFORNIA MINE NUMBER 91 -36 -0014, 1975 NORTH BENSON STREET Adopt a Resolution accepting the financial assurance mechanism in the form of an Irrevocable Letter of Credit from CALMAT CO. (Vulcan Materials Co), in the amount of $1,292,798 and direct staff to provide the State of California Department of Conservation with signed records(s) of acceptance. I. 2009 BYRNE JUSTICE ASSISTANCE GRANT Accept the 2009 Byrne Justice Assistance Grant (JAG) award, in the amount of $133,602 from the Department of Justice, Bureau of Justice Assistance; approve the expenditure plan; and, authorize the City Manager to execute a MOU with San Bernardino County. (Staff Person: Rosanne Crist- Danna) J. EMPLOYER PAID MEMBER CONTRIBUTIONS FOR MEMBERS OF THE UPLAND FIREFIGHTERS ASSOCIATION Adopt a Resolution to pay the Employer Paid Member Contributions (EPMC) for members of the Upland Firefighters Association. (Staff Person: Haweda Nash) K. APPROVAL OF TEMPORARY BANNERS FOR THE 2009 LEMON FESTIVAL Approve the placement of eleven (11) temporary banners advertising the 2009 Lemon Festival. L. ACCEPTANCE OF WORK FOR PROJECT NO. 9602, REHABILITATION OF THE LEMON GROWERS BUILDING Accept the completed work under protest by the contractor, record the Notice of Completion, and reduce the Faithful Performance Bond to 10% for Project No. 9602, Rehabilitation of the Lemon Growers Building. AGENDA APRIL 13, 2009 11. PUBLIC HEARINGS: PAGE 5 A. DISPOSITION OF AN AGENCY OWNED SINGLE- FAMILY HOME LOCATED AT 557 C STREET(APN- 1046 - 433 -21) The Agency Members will consider the sale of agency property. (Staff Person: Liz Chavez) Recommendation: a) Staff presentation b) Hold Public Hearing C) Close Public Hearing d) Consider a Resolution approving a Purchase and Sale Agreement (Agreement) between the Agency and Tony C. Gonzalez and Delia M. Gonzalez for the sale of the real property located at 557 East "C" Street in the City of Upland (Property) and, authorize the Executive Director, or his designee, to execute the Agreement and all related documents to effectuate the implementation of the Agreement. B. REGIONAL SEWERAGE SUPPLEMENTAL CAPITAL OUTLAY FEE The City Council will consider an increase in the Regional Sewerage Supplemental Capital Outlay fee implemented by the Inland Empire Utilities Agency. (Staff Person: Anthony La) Recommendation: a) Staff presentation b) Hold Public Hearing C) Close Public Hearing d) Consider a Resolution amending the Regional Supplemental Capital Outlay Fee to reflect a rate increase imposed by the Inland Empire Utilities Agency (IEUA) from $4,673 to $4,766 per equivalent dwelling unit (EDU). C. REVOCATION OF CONDITIONAL USE PERMIT NO. 97 -09 (CHRONIC CANTINA) The City Council will consider a revocation of Conditional Use Permit No. CUP - 97-07 for an existing restaurant with live entertainment, dancing and a Type 47 on -sale general alcoholic beverage license located at 220 North Central Avenue in a CH (Highway Commercial) Zone. (Staff Person: John Atwater) Recommendation: a) Staff presentation b) Hold Public Hearing C) Close Public Hearing d) Consider a Resolution ordering the revocation of Conditional Use Permit No. CUP -97 -07 for an existing restaurant with live entertainment, dancing and a Type 47 on -sale general alcoholic beverage license on certain real property located at 220 N. Central Avenue (formerly known as 195 N. Central Avenue) Upland, California AGENDA PAGE6 APRIL 13, 2009 E�31��iil X�Id4ZR51 A. AWARD OF BID FOR PR03ECT NO. 7604, ROCK CURB REPLACEMENT 08 -09 (BID NO. 2009 -01) Approve the specifications for Project No. 7604; award the construction contract to Yakar, in the amount of $76,250; and, authorize a construction contingency of $53,750 for a total amount of $130,000. (Staff Person: Bob Critchfield) 14. CITY MANAGER COMMENTS: F M11 K•111;L4Jtd413I3Dl:)(GE39I.1:1 3( 16. ADJOURNMENT: The next regularly scheduled City Council and Redevelopment Agency meeting is scheduled for Monday, May 11, 2009. NOTE: If you challenge the public hearing(s) or the related environmental determinations 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 of Upland, at, or prior to, the public hearing. All Agenda items and back -up materials are available for public review at the Upland Public Library, downstairs reference desk at 450 North Euclid Avenue, the City Clerk's Office at 460 North Euclid Avenue and the City website at www.ci.uoland ca.0 , subject to staff's ability to post the documents before the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, 931 -4120. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. POSTING STATEMENT: On April 9, 2009 a true and correct copy of this agenda was posted on the bulletin boards at 450 N. Euclid Avenue (Upland Public Library) and 460 N. Euclid Avenue (Upland City Hall). CITY COUNCIL AGENDA REPORT MEETING DATE: June 16, 2009 ITEM NUMBER: SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AUTHORIZING ACCEPTANCE OF A GRANT AWARD FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL. DATE: JUNE 3, 2009 FROM: POLICE DEPARTMENT- SUPPORT SERVICES DIVISION, TRAFFIC SAFETY BUREAU PRESENTATION BY: ROBERT SHARPNACK, SGT. TRAFFIC SAFETY BUREAU, SPECIAL EVENTS DETAIL FOR FURTHER INFORMATION CONTACT: ROB SHARPNACK (714) 754 -4963 RECOMMENDED ACTION: 1. Adopt Resolution that authorizes the City Manager or his designee to accept the Grant award from the California Department of Alcoholic Beverage Control. BACKGROUND: The State of California Business, Transportation, and Housing Agency, through the Califomia Department of Alcoholic Beverage Control (ABC), distributes federal funding to California law enforcement agencies. Grant funds are used to administer the provisions of the Alcoholic Beverage Control Act in a manner that fosters and protects the health, safety, welfare, and economic well being of the members of our community. The City has applied for an ABC grant in the past and has received funds which significantly assisted Police Department objectives. ANALYSIS: Alcohol is the most widely abused substance in America by persons under the age of 21. In fact, alcohol is abused more than tobacco, marijuana, or any other illicit drugs. Throughout the nation, alcohol abuse is a major factor in chronic disease, infectious disease, hospital emergency room visits, newborn health problems, violence and auto fatalities. In the City of Costa Mesa, 363 ABC licensed establishments sell alcohol on a daily basis. The Police Department has responded to a number of incidents involving minors 1 who were intoxicated, in possession of alcohol, or trying to make a purchase. In 2008, Costa Mesa Police Officers responded to 436 calls for service specific to public intoxication. We believe many of these calls could be eliminated through a combination of education; deterrence, increased enforcement of laws pertaining to ABC licensed establishments, and an expanded public awareness campaign. Problematic ABC licensed establishments have been identified as Club Sutra, Chronic Cantina, and the Hookah Lounge. Based on 2007 rankings published by the Office of Traffic Safety, among the 50 cities in Group B (city population 100,001 to 250,000), Costa Mesa ranked 2/52 in alcohol related collisions. In addition, Costa Mesa ranked 1/52 for DUI collisions involving drivers under the age of 21 and 13/52 in the 21 -34 age group. These high rankings are despite the fact that Costa Mesa Police Department arrested more impaired drivers (956) than any other city in Group B. The Police Department's total number of DUI arrests per year provides further evidence which points directly to the City's alcohol issues. Currently, the Police Department has a dedicated grant which focuses on DUI enforcement and education. We believe the ABC grant would supplement our efforts to control alcohol related issues at the point of sale. As mentioned above, underage drinking is a leading public health problem in the United States. Enforcing the minimum drinking age laws helps to save lives and create safer communities. Finally, this grant will help increase the understanding of underage drinking and its consequences, and to encourage individuals, families and communities to address the problem. Police Department staff has applied, and has received approval for the current grant which is offered through the California Department of Alcoholic Beverage Control. The grant will allow the Police Department to implement a balanced approach which will focus on underage drinking, drinking issues in general, and education and compliance at ABC licensed establishments. Specifically, grant funds will be used to staff enforcement operations at ABC licensed establishments. These enforcement operations will include minor decoy operations, shoulder tap operations, cops in shops, and drunken decoy operations. • A minor decoy operation consists of a minor who enters an ABC licensed establishment and attempts to purchase alcohol. • A shoulder tap operation consists of a minor who solicits a citizen to purchase alcohol at an ABC licensed location. • A cops -in -shops operation consists of a plain clothes officer who stands behind the counter at an ABC licensed establishment. The officer then responds to minors who use false identification to purchase alcohol. • Drunken decoy operations consist of an undercover officer who smells and appears intoxicated while attempting to purchase alcohol at an ABC licensed establishment. Some of the specific project goals from the grant agreement are as follows: • 25% minimum reduction in calls for service at "problematic" establishments. • Continued retest until 100% compliance is achieved during minor decoy operations. • 50% reduction of complaints regarding minors attempting to purchase alcoholic beverages. 2 • Decrease illegal "shoulder tap" sales by 30% and 100% compliance with administrative requirements from Informed Merchants Preventing Alcohol - Related Crime Tendencies (I.M.P.A.C.T.) • Inspections of all licensed premises in the City of Costa Mesa. The objectives from the grant agreement are as follows: • Identify problematic A.B.C. licensed establishments in the city with input from officers, A.B.C. investigators, local government officials, and the community. • Target problematic A.B.C. licensed establishments such as; Sutra, Chronic Cantina, and Hookah Lounge. The objective is to ensure that these establishments comply with the conditions of A.B.C. licensing, local and state ordinances, and to reduce calls for service that can be attributed to these locations by 25 -30 %. • Conduct at least 15 enforcement operations targeting A.B.C. licensed premises. • Increase communication and involvement with local community groups and citizen action committees by meeting with them at least 3 times. • Conduct at least 12 minor decoy operations to include compliance -testing at off - sale establishments in the city. An emphasis will be placed on the retailers which committed minor decoy violations within the past 3 years. Conduct follow -up minor decoy operations to re -test any locations found in violation of 25658(a) B&P during initial operations (measuring the change in compliance). • Conduct at least 12 "Shoulder Tap" operations. • Conduct at least 5 "Cops in Shops" operations. • Provide ongoing roll call training on alcohol- related issues for all sworn personnel on a monthly basis commencing with the grant kickoff. Coordinate and conduct 15 I.M.P.A.C.T. (Informed Merchants Preventing Alcohol Related Crime Tendencies) operations. • Schedule and conduct 2 LEAD (Licensee Education on Alcohol and Drugs) classes. • Perform "Drunk Decoy" operations in specific on and off -sale locations. Within three months of any noted violations follow -up operations shall be performed until 100% compliance is achieved. To receive these grant funds, ABC requires that the City Council adopt a Resolution agreeing to support the grant goals in their entirety. ABC grant funding is based on the fiscal year, which begins on July 1 and ends on June 30. The grant agreement provides funds in the amount of $56,388 that will be utilized over a 12 -month period of time (July 1, 2009 through June 30, 2010). ALTERNATIVES CONSIDERED: None. FISCAL REVIEW: Since the grant period is from July 1, 2009 through June 30, 2010, if approved, the appropriation and corresponding revenue for the grant of $56,388 will be allocated to the Police Department's operating budget as an amendment to the FY 2009 -2010 Adopted Budget. &] LEGAL REVIEW: The City Attorney's Office has reviewed the Grant Agreement and associated documents and has approved it as to form and content. CONCLUSION: Based upon an analysis of the Grant Agreement and the available benefits to the City offered by the award of the grant, Department staff supports the approval of the above listed recommendation. ROBERT SHARPNACK Traffic Safety Bureau RC R. PUCKETT Director of Finance DISTRIBUTION: City Manager City Attorney Finance Director City Clerk Grant Admin. ATTACHMENTS: 1 2 3 4 CHRISTOPHER SHAWKEY Chief of Police KIMBERLY HALL BARLOW City Attorney Resolution of the City Council Grant Approval Letter Department of Alcoholic Beverage Control Agreement ld �l�b — �•zz.c� Russel Bunim: Please let the city Council know that I would like them to deny my application for the Beer and Wine License to be located at my Chronic Tacos at 4533 West PCH in Newport Beach CA. After a lot of thought it's just not needed at this time and we would like to move forward with the parking waiver only. It is much more important that we expand than it is that we sell Beer. I hope this is OK with the Council but if it isn't I'm ready to defend my position and follow through with the facts that have already been stated. Thank you for your help with this process please contact me with any questions or concerns. / X� Daniel A Biello Authorized Nt Publish Advinsusetttents of all kinds including public notices by fhcrm of the Superior Court of Orange County, California. NumbcT A -6214. RECEIVED September 29. 1%1. 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: September 12, 2009 I declare. under penalty of perjury, that the foregoing is true and correct. Executed on September 15, 2009 at Costa Mesa, California. Sig e SEP 17 AM 9:28 OFFrCc OF THE CfTY UR OF N"W ORT IEpi;rf N0M OF K" KWN6 Omit This Aped uw tin ll e,4. UPW 012 ow uNFrdlNe.111IM -020 A2oov_01 NOTIC IS HEREBY GIV EN that the City CounGll of the City of Newport Beach will hole a public hearing on the following Rem. An appeal of the Plan. nlnt Comm,sslor' s Desire, of a use permit lot a full-serrlU. high turn over eating and drmYmg establishment with pea and wine service and a basking waiver (Chronic Tacos). The appeal was filed by the appllcanVowner of Chronic Tacos. Dan BINIC. This project has been determined to be ca1C gaocally exempt under the requirements of the California Enveonmental Qusldy Act under Coss (New Construction or Conversion of Small Structures) NOTICE IS HEREBY FUR. THER GIVEN that said 1 public nearing will be nNd on Sepeerwker 22, 2009. at the hour of 2pp Jr, in the Council Chain s of the New port Beach City Nall. 3300 Newport Boulevard, Newport Beach. Ca for M. at which tome and I . phrce any and an per sons interested may ap pear and be heard thaeop H you challenge this project In Courl, You may be limited to raising only those issues you or someone elm raised at the public hearing de- xrlbed m this notice or In written Corte spondence delivered to the City ah or prior to. the public nearing For mfamation call (949), 644 -3200. Eedam Brown, CRY CNrk City of NewDal Beall Published New Darl Beach /Costa Hem Dn pilot SeptemDar 12�9� zi I V) CITY OF NEW Application No. 2V ,AA. -2 M 3 12 Name of Appellant 1 OFFICE OF or person filing: �7�C�(}i -� CJt�xSaPl r„�r "IC ", C44�� Sl%3713 Address: 5,-4K pAktl Date of Planning Commission decision: Wg: : 8/ 20 Regarding application of: U PZ(�o9 -012- ® 1I -PaOd1 -6ZO for (Description of application filed with Planning Commission) Reasons for Appeal Z,J G1 , Date Signature of AppeIWV - Y.>?.CITY FOR OFFICE USE ONLY Date Appeal filed and Administrative Fee received: J �� I 20 Cam. Hearing Date. An appeal shall be scheduled for a hearing before t e City Council within sixty (60) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20.95.060) cc: Appellant Planning (furnish one set of mailing labels for mailing) File APPEALS: Municipal Code Sec. 20.95.050(8) Appeal Fee: $1550.00 pursuant to Resolution No. 2008 -79 adopted on 9- 10 -08. (Deposit funds with Cashier in Account #2700 -5000) T1 Design 5215 River Avenue Suite A Newport Beach, CA 92663 (949) 515 -3713 timidcsigp(d sbcplobal. nc t 7/1/2009 City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Re: Chronic Tacos Expansion Appeal reference Use Permit Nos. UP2009 -012 and 1 P2009 -020 Dear Sirs, We are appealing the findings of the Planning Commission referencing the above Cse Permits as reviewed on .lune 18, 2009. Our appeal reflects the concerns mentioned in the meeting regarding parking and tope of sen ice including liquor sales. The parking, being based on I space per 40sf of net public area resulted in 27 spaces being required, we have pared down the public area resulting in 21 spaces being required. Our submitted occupancy was 46 seats and now we indicate 30 occupants, Regarding the liquor sales from our original submittal, which indicated a sit do%n bar now reflects the elimination of the bar. Beer will be sold to the customer as they pick -up their food which is placed on a tray and the patron then walks the tray to their table. There will he no table side sen ice. In addition we have eliminated all but two of the televisions. We believe these modifications to the size of the public area and the type of service addresses the concerns of the Planning Commission. Our goal is to provide a seating area for our patrons. We want to thank the City Council for their consideration on this matter, we are looking forward to continue he a part of Newport Beach business communih. nds, \ � V ��C'� Tim John n CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES �1 r 3300 NEWPORT BLVD.. P.O. BOX 1768, NEWPORT REACH, C.4 92654 -8915 RECEIVED BY: PERRY2 TODAY'S DATE: 07/01/09 27005000 ZONING & SUBDIVISION F CASH PAID $.00 CASH RECEIPT RECEIPT NUMBER: 02000139833 PAYOR: TIMOTHY JOHNSON DES REGISTER DATE: 07/02/09 TIME: 15:15:40 CHRONICS TACOS $1,550.00 --------------- - TOTAL DUE: $1,550.00 CHECK PAID CHECK NO TENDERED CHANGE $1,550.00 1025 $1,550.00 $.00 TIMOTHY JOHNSON DESIGN 5215 RIVER AVE A NEWPORT BEACH. CA 92663 -2469 PH949 -515 -9713 DATE Bank of America N�pt Bud CA f 14.!79 N95 FOR - _ - - 11100 10 2 SO 1025 TE-66 1220 202 > 1 161j. cp DOLLARS a ••• M 1:1 2 200066 0: 02023-407430