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HomeMy WebLinkAbout10 - Appeal - Restaurant Conditional Use Permit - 111 Palm Street (PA2011-062)���WPORT CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 10 October 25. 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Makana Nova, Assistant Planner APPROVED: A,, JC_A . TITLE: Former Bubbles Restaurant Appeal Conditional Use Permit No. UP2011 -012 (PA2011 -062) 111 Palm Street ABSTRACT: An appeal of the Planning Commission's approval of an application to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) ABC license in Balboa Village (formerly known as Bubbles Restaurant). Conditional use permit approval is also necessary to reduce the required parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. RECOMMENDATION: 1) Conduct a de novo public hearing; and 2) Adopt Resolution No. 2011-99 upholding the Planning Commission's approval of Conditional Use Permit No. UP2010 -036, subject to findings and conditions included within the draft resolution (Attachment No. CC 1). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 1 M 111 Palm Street October 25, 2011 Page 2 v VICINITY MAP • •'�'� �,•, Hourly Municipal �,�;, °'ad'" ��°-� .° s e � Parking Lot (68) Project Site ��^ $y aas M1 i.IOBYh P( .'/a�bI LOF b' lge9y9 -. -,► J�'a, /`r ~ • ,�Hd O[Fa /���Mtly�fy; /1 j0 O'Y���'{JO'�w ?fFr, •I r �� r°5 1hh 'o. t Balboa Pier, 24 Hour Municipal ♦ a Parking Lot (614) y 14 1' 797ft GENERAL PLAN ZONING a.. i 0 LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE MU -V (Mixed -Use MU -V (Mixed -Use Vacant Retail Tenant Vertical Vertical NORTH MU -V (Mixed -Use MU -V (Mixed -Use Mixed -use, retail, office & residential Vertical ) Vertical ) and a municipal parking lot SOUTH RT (Two -Unit Residential) R -2 (Two -Unit Mixed -use, retail, office & residential Residential ) and a municipal parking lot EAST MU -V (Mixed -Use MU -V (Mixed -Use Mixed -use, retail, office & residential Vertical ) Vertical WEST MU -V (Mixed -Use MU -V (Mixed -Use Mixed -use, retail, office & residential Vertical ) Vertical v m 111 Palm Street October 25, 2011 Page 3 DISCUSSION Proiect Settina and Description The subject property is located at 111 Palm Street and bounded by East Balboa Boulevard, Palm Street, and an alley in Balboa Village. Office and residential uses are located to the west along Balboa Boulevard and mixed -use properties including retail, office, and residential units are located to the north, east, and south of the subject property. The Balboa Pier parking lot is located within walking distance (less than 500 feet away) and contains 614 parking spaces. An additional hourly municipal parking lot is located on the north side of East Balboa Boulevard between Palm Street and Washington Street and it contains 68 parking spaces. The property is 5,504 square feet (approximately 0.13 acres) and is developed with a 5,427- square -foot vacant building. No parking is provided on -site. The applicant requests approval of a conditional use permit to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) ABC license. The property owner has not yet identified an operator but would like to reestablish the restaurant as a conditionally permitted use. The building retains restaurant - related infrastructure such as a kitchen area, venting, and grease interceptor. The applicant proposes only minor interior alterations with the floor plan remaining generally unchanged. Exterior improvements are not proposed at this time, but may be included in the future. The proposed interior net public area is 2,040 square feet, and the existing and proposed outdoor dining patio is 606 square feet. The patio is located outside of the front entrance facing East Balboa Boulevard. The requested hours of operation are from 6:00 a.m. to 12:00 midnight, Sunday through Thursday, and 6:00 a.m. to 1:00 a.m., Friday and Saturday. The requested hours of operation for the outdoor dining patio are from 6:00 a.m. to 10:00 p.m., Sunday through Thursday, and 6:00 a.m. to 11:00 p.m., Friday and Saturday. The proposed floor plan includes 83 interior and 28 outdoor dining seats. The applicant anticipates a total of 18 employees working a morning or evening shift. Conditional use permit approval is also necessary to reduce the required off - street parking through the approval of a parking management program because the subject property does not provide on -site parking. Planning Commission Hearing and Action The Planning Commission conducted a public hearing on July 7, 2011. Staff identified that the property owner is seeking this entitlement in order to lease or sell the property, noting that the future operator would be subject to an operator license issued by the Police Department. The Planning Commission discussed the need to reestablish a use at the property and acknowledged the fact that the existing building is a natural G 111 Palm Street October 25, 2011 Page 4 restaurant site. The greatest concern expressed by the Commissioners was the lack of a specific operator for the restaurant and the ability to properly limit the operational characteristics of an unknown tenant through conditions of approval. Several Commissioners proposed further limitations on the hours of operation or a continuance of the application to allow the property owner to identify an operator. The Commissioners also discussed the parking in Balboa Village. Commissioner Hawkins suggested limiting the net public area for the restaurant, thereby reducing the parking demand. Commissioner Hawkins also expressed his concern regarding the lack of a City -wide in -lieu parking fee program to recapture costs for parking waivers. Four members of the public commented on the proposed project. The adjacent property owner to the south expressed concern with impacts associated with late hour alcohol establishments, such as public drunkenness, traffic, noise, and a reduction in the value of surrounding residential properties. The public generally expressed support for the revitalization of Balboa Village but also identified concern with the lack of an overall parking plan and the number of alcohol licenses, late night restaurants, and bars in Balboa Village. Commissioner Toerge pointed out the numerous conditions proposed in the draft resolution, then made a motion to approve the project as recommended by staff with hours of operation from 6:00 a.m. to 12:00 p.m., daily, for the interior of the establishment and 6:00 a.m. to 10:00 p.m., daily, for the outdoor dining patio. After a subsequent motion made by Commissioner Ameri to deny the application failed (2 ayes and 5 noes), the original motion to approve the project as recommended by staff was approved (4 ayes and 3 noes). The staff report, resolution, and draft minutes from the Planning Commission Meeting have been attached for reference as Attachment Nos. CC 3, 4, and 5). On July 14, 2011, Terry A. Jones, Attorney At Law, filed an appeal (Attachment No. CC 6). Pursuant to Section 20.64.030.0 of the Zoning Code, a public hearing on an appeal is conducted "de novo ", meaning that it is a new hearing and the prior decisions to approve the application by the Planning Commission have no force or effect. The City Council is also not bound by the Planning Commission's prior decision and is not limited to the issues raised in the appeal. Analysis This analysis summarizes the applicant's reasons for appeal and provides responses for the City Council's consideration: 1. This would give preferential treatment to the owner for parking by not requiring at least the minimum parking spaces and would be contrary to the City's refusal to R 111 Palm Street October 25, 2011 Page 5 waive similar parking requirements for other owners. Parking is already a problem in the immediate area. Response: The subject property was previously utilized as a restaurant until the late 1990s and maintains restaurant infrastructure and fixtures. The location at the corner of Palm Street and East Balboa Boulevard makes this property a core visual component of the Balboa Village and it could be considered a priority to establish a new use and focal point such as a restaurant at this location. Land Use Policy LU6.13.5 (Rebuilding of Non - Conforming Structures) of the General Plan states that one of the goals for Balboa Village is to allow existing nonconforming structures to remain, "Permit existing commercial buildings that exceed the permitted development intensities to be renovated, upgraded, or reconstructed to their preexisting intensity and, at a minimum, number of parking spaces." Although the building isn't being demolished and replaced, allowing this use may be considered consistent with this policy. Approval of a reduction in required parking at the subject property would not serve as a precedent, as each application is unique and considered on its own merits. 2. A public nuisance would be created by the noise and additional traffic at late hours, interfering with residential properties nearby, which alone would be grounds for revocation. Response: The conditions of approval and hours of operation approved by the Planning Commission are designed to mitigate late hour nuisances and ensure the establishment does not become a bar. The staggered closing hour in relation to other establishments in Balboa Village will allow the Police Department to better oversee the public areas surrounding the establishment before bars in the area close. Additionally, should the new operator pose a public nuisance, the Operator License is another tool that can be used to correct objectionable conditions. 3. An additional alcohol license would contribute to public nuisance and there are already more alcohol licenses per capita in the area than in other comparison areas. Response: Alcohol licenses in Reporting District No. 12 (RD 12) are discussed in the Alcohol Related Statistics (Attachment No. CC 8) and the Planning Commission Staff Report (Attachment No. CC 3). in summary, the higher concentration of alcohol licenses in RD 7 111 Palm Street October 25, 2011 Page 6 12 could be attributed to the higher concentration of commercial land uses and lower number of residential properties in the Balboa Village district. While the proposed restaurant is located in proximity to other establishments selling alcoholic beverages, the Planning Commission found that its physical and operational characteristics would make the service of alcoholic beverages appropriate. 4. The crime rate is already higher in this area (by significant 27.15 %) than other areas, and a late hours establishment would likely increase the crime rate and be detrimental to the public welfare. Response: The crime rate in Reporting District No. 12 (RD 12) is discussed in the Alcohol Related Statistics (Attachment No. CC 8) and the Planning Commission Staff Report (Attachment No. CC 3). In summary, the higher crime rate within this reporting district could be attributed to the large number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non - residential to residential uses in RD 12. While the proposed establishment is located in an area that has a high concentration of alcohol licenses, the Planning Commission determined that the re- establishment of a restaurant use was appropriate. Additionally, the Police Department does not object to this project as conditioned and the business would be required to obtain an Operator License through the Police Department. 5. The application for conditional use permit is misleading in that there is no definite plan for a restaurant or other business establishment (see PC5 to application). The permit is based on speculation and is being used solely to increase marketability of the subject property, which is for sale. Response: The application for a conditional use permit is a land use decision and the conditions of approval would apply to all future restaurant operators. The absence of a specific operator at this time does not preempt the City from making a land use decision. It is within the property owner's rights to market a property, whether for lease or for sale, and include information on any existing entitlements. 6. The highest and best use should be determined by a qualified appraiser. Response: The City Council's responsibility is to determine whether the proposed use is appropriate. While an appraisal might be beneficial for the property owner to determine how best to market the subject property, this information is not an application 111 Palm Street October 25, 2011 Page 7 requirement for a conditional use permit. The City Council may make an informed decision without an appraisal with regard to the proposed restaurant use and whether it is compatible with other uses in the area. 7. No explanation has been given as building as a restaurant with the change of use. Response: to the profitability of the past use of the problems encountered or the reasons for The City is not responsible for determining the economic viability of a proposed use but rather whether the requested land use is appropriate for the location. While the existing building was utilized in the past as a restaurant, no information is available to determine how or why the business closed or why the property owner subsequently chose to lease the building for a different use. 8. Since the subject property was closed as a restaurant, 101, 103, 105, &107 Palm Street (514 East Beachfront parcel) were rezoned as residential. The residential property values will suffer as well as the ability to find tenants if the subject property creates more noise. Response: The existing development on the property referenced by the appellant is currently a mixed -use development consisting of a retail cigar shop, office, bike shop with accessory ice cream sales, and residential units above. The parcel referenced, which is located across the rear alley and to the south of the 111 Palm Street, was rezoned from the RSC (Retail, Service, and Commercial) Sub -Area of the SP -8 (Central Balboa Specific Plan), which allowed for mixed -use development to the R -2 (Two -Unit Residential) Zoning District during the 2010 Zoning Code update, consistent with the land use change included in the 2006 General Plan update. Alternatives Should the City Council choose not to uphold the decision of the Planning Commission to approve the conditional use permit application, the City Council may revise conditions of approval or deny the application. Should the City Council choose to deny the application, the City Council should adopt the draft resolution for denial, attached as Attachment No. CC 2, and provide facts for denial. ENVIRONMENTAL REVIEW: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 9 111 Palm Street October 25, 2011 Page 8 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the CEQA Guidelines. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Sub fitted by: ( _ Kimberly Brandt, I Community DevelooMent Director Attachments: CC 1 Draft Resolution for Approval CC 2 Draft Resolution for Denial CC 3 Planning Commission Staff Report CC 4 Planning Commission Resolution CC 5 Planning Commission Minutes CC 6 Memorandum Requesting Appeal CC 7 Newport Beach Reporting Districts CC 8 Alcohol Related Statistics CC 9 Police Department Recommendation CC 10 Zoning Code Section 20.40.060 (Parking Requirements for Food Service Uses) CC 11 Parking Management Program CC 12 Annual Parking Permit Information CC 13 Applicant's Project Description CC 14 Site Photos CC 15 Public Comment Letters CC 16 Project plans /0 Attachment I Draft Resolution for Approval 11 12 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2011 -012 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 111 PALM STREET (PA2011 -062) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lone Oak Newport, LLC, with respect to property located at 111 Palm Street, and legally described as Lot 7 and 8, Block 6, Tract 104, Balboa Tract, shown as Parcel 1 of Resub. 713, PM- 189_17 -18 requesting approval of a use permit. 2. The applicant proposes a conditional use permit to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) alcoholic beverage license. The requested hours of operation are from 6:00 a.m. to 12:00 midnight, Sunday through Thursday, and 6:00 a.m. to 1:00 a.m., Friday and Saturday. The requested hours of operation for the outdoor dining patio are from 6:00 a.m. to 10:00 p.m., Sunday through Thursday, and 6:00 a.m. to 11:00 p.m., Friday and Saturday. Conditional use permit approval is also necessary to reduce the required 32 additional parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. 3. The subject property is located within the Mixed -Use Vertical (MU -V) Zoning District and the General Plan Land Use Element category is Mixed -Use Vertical (MU -V). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Vertical (MU -V). 5. A public hearing was held on July 7, 2011 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. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. On July 14, 2011, the Planning Commission's decision to approve Use Permit No. UP2010 -036 was appealed by Ms. Terry A. Jones, attorney at law. The appeal was filed to review parking in the immediate area, noise and traffic at late hours, whether an additional alcohol license would contribute to a public nuisance, the crime rate, the lack of a known operator for the subject property, the need for an appraiser to determine the highest and best use for the property, the need for an explanation of the profitability of the building as a restaurant, and the proximity of residential units to the subject property. 7. The City Council held a public hearing on October 25, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The City Council i.3 City Council Resolution No. _ Page 2 of 15 considered evidence, both written and oral presented at this meeting. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 8. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the reestablishment of a restaurant with an accessory outdoor dining patio and office within an existing structure. Therefore, the interior use, outdoor dining patio, and office qualify for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales), the City Council must make the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding: A -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. Alcohol service is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages including an Operator License will ensure compatibility with the surrounding uses and minimize alcohol related impacts. A -2. The subject property is located in an area with a significant variety of land uses including commercial, retail, residential, and coastal resources. The business hours, operational characteristics, and floor plan have been limited so as to maintain the compatibility of the proposed use with surrounding land uses. Tmpll: 03/08/11 14 City Council Resolution No. _ Page 3 of 15 In accordance with Section 20.52,0501 (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: B -1. The General Plan land use designation for this site is MU -V (Mixed -Use Vertical). The MU -V designation is intended to provide for the development of properties for mixed - use structures that vertically integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses. For mixed -use structures, commercial uses characterized by noise, vibration, odors, or other activities that would adversely impact on -site residential units are prohibited. Sites may also be developed exclusively for retail or office uses in accordance with the CN, CC, CG, or CO -G designations. The proposed eating and drinking establishment, which is the sole occupant of the subject property is consistent with these land use designations. Restaurant uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. B -2. Inasmuch as the proposed application will not result in an increase in the floor area ratio, the project is consistent with the Land Use element. Land Use Policy LU6.13.5 (Rebuilding of Non - Conforming Structures) of the General Plan states that one of the goals for the Balboa Village district is to allow existing nonconforming structures to remain, 'Permit existing commercial buildings that exceed the permitted development intensities to be renovated, upgraded, or reconstructed to their preexisting intensity and, at a minimum, number of parking spaces." The project is consistent with this policy and would allow for the reuse of the existing building, thus maintaining the character of the district. B -3. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents alike. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The new establishment will improve and revitalize the existing retail building and the surrounding neighborhood. B -4. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Tmplt: 03/08/11 115 City Council Resolution No. _ Paae 4 of 15 Facts in Support of Finding: C -1. The site is located in the MU -V (Mixed -Use Vertical) Zoning District. The MU -V zoning district is intended to provide for areas appropriate for the development of mixed -use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. The proposed eating and drinking establishment with alcohol service, an outdoor patio, and a second floor office is consistent with land uses permitted by the MU -V Zoning District. C -2. The subject property does not provide on -site parking but the proposed use is identified as a short -term objective for this particular intersection within Balboa Village to provide a focal point for entry into the district. The payment of annual parking passes for all employees of the establishment will help off -set the costs of providing public parking for multiple uses in the district and create revenue for the maintenance and creation of additional parking for the district. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: D -1. The operation of the restaurant will be restricted to the hours between 10:00 a.m. and 12:00 midnight, daily. The closing hour varies from other late night restaurants and bars in the area and this will assist the Police Department with control over public areas in the district during the late night hours. D -2. A restaurant has been operated in this location from 1962 to 1998 pursuant to Use Permit No. 876 and Use Permit No. UP2045. D -3. The floor plan provides a bar area with counter space, 11 bar stools, and alcohol service. Tables are provided to accommodate 72 seats indoors and 28 seats on the outdoor dining patio. Live entertainment and dancing are not proposed and no on -site parking is provided at the subject property. The commercial building is previously developed with the infrastructure to accommodate a restaurant use. D -4. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the restaurant is located approximately 10 feet from residential properties across the alley to the south, the building is oriented toward Balboa Boulevard and Palm Street away from the nearby residences. The use permit has been conditioned to require the outdoor patio area to be closed by 10:00 p.m., daily, to reduce noise impacts to nearby residents. Restaurant activity will be shielded from the residential uses to the south, west, and across East Balboa Boulevard. The applicant is also required to control trash and litter around the subject property. TmpIC 03/08/11 10 City Council Resolution No. _ Pace 5 of 15 D -5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community so that the business remains a restaurant and does not become a bar or nightclub as defined by the Zoning Code. D -5. The applicant is required to install a grease interceptor, provide a wash -out area that drains to the sewer line, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. D -6. The subject property is located in a relatively dense village area with multiple uses within a short distance of each other. The Balboa Village district is conducive to a significant amount of walk -in patrons. The area experiences parking problems in the day time during the summer months. Two municipal parking lots and on- street parking is available in the Balboa Village district to accommodate the proposed use in the off- season months. The payment of annual parking passes for all employees will help to alleviate added costs for maintenance and demand on the Balboa Pier Main Lot. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: E -1. The project site is located within an existing commercial building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. The existing tenant space on the subject property has historically been utilized as a restaurant. E -2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utilities upgrades required for the change in occupancy will be required at plan check and have been included in the conditions of approval. E -3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. E -4. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. Tmplt: 03/08/11 27 City Council Resolution No. _ Page 6 of 15 Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: F -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. The closing hours for the outdoor dining patio will limit the exterior noise to the surrounding residents. F -2. The eating and drinking establishment will serve the surrounding residential community. The proposed establishment will provide dining services as a public convenience to the surrounding neighborhood. This will revitalize the project site and provide an economic opportunity for the property owner to update the tenant and service, which best serve the quality of life for the surrounding residential community. F -3. The proposed use is located in a district which is subject to a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics reduce the demand of the proposed eating and drinking establishment and the number of parking spaces required to serve the proposed use. Adequate parking is provided in the nearby municipal lots in the off - season months and summer weekdays to accommodate the proposed use. Tmplt: 03/08111 12 City Council Resolution No. _ Paoe 7 of 15 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach does hereby approve Use Permit No. UP2011 -012 subject to the conditions contained in Exhibit "A," which is attached hereto and incorporated by reference. 2. This action shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. 3. This resolution was approved, passed, and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 25th day of October, 2011. p •: ATTEST: CITY CLERK Tmplt: 03100111 �9 City Council Resolution No. Page 8 of _ 15 CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2011 -012 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval, 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. [deleted] 6. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit.. 8. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 9. Prior to the issuance of a building permit, the applicant shall pay any .unpaid administrative costs associated with the processing of this application to the Planning Division. 10. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Modification Permit file. The plans shall be identical to those approved by all City departments for Tmplt: 03/06/11 20 City Council Resolution No. _ Paqe 9 of 15 building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to restaurant use in' accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 13. The applicant or operator of the facility shall purchase parking permits for all employees on an annual basis for the Balboa Pier Main Lot, and shall direct employees to park in said parking lot. 14. deleted 15. The hours of operation for the interior of the restaurant shall be limited between 6 :00 a.m. and 12 :00 midnight, daily. The hours of operation for the outdoor dining patio shall be limited between 6 :00 a.m. and 10:00 p.m., daily. 16. That the "net public area" of the restaurant shall not exceed 2,040 square feet for the interior of the subject restaurant facility. A maximum of 83 seats shall be provided within the interior of the establishment. 17. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 600 square feet in area and provide seating for 28 persons maximum. 18. The seating and dining in the outdoor area shall be limited to dining table height (approximately 30 inches) and table surface area of 24 inches by 30 inches minimum. The use of elevated counters, tables, and barstools are prohibited in the outdoor dining area. 19. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 20. The installation of roof coverings in addition to the proposed fabric awning shall not have the effect of creating a permanent enclosure The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 21. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Division. No form of Tmpll: 03/08/11 City Council Resolution No. Paae 10 of 15 advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 22. 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. 23. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and .provisions of Chapter 20.67 of the Newport Beach Municipal Code. 24. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right - of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 25. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 26. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre - recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise. shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: 27. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. TmpIC 03/08/11 Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA NIA 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 27. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. TmpIC 03/08/11 City Council Resolution No. Page 11 of 15 28. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise- generating construction activities are not allowed on Sundays or Holidays. 29. All trash shall be stored within the building, except when placed for pick -up by refuse collection agencies. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self - contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 30. Trash receptacles for patrons shall be conveniently located inside of the establishment. The exterior of the business shall be maintained free of Fitter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 31. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Division for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 32. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 33. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick -up days. 34. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Restaurant Conditional Use Permit including, but not limited to, the Use Permit No. UP2011.012. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, Tmpll: 03/08/11 23 City Council Resolution No. _ Page 12 of 15 and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department Conditions 35. The approval is only for the establishment of an eating and drinking establishment as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 36. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On -Sale General) in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 37. The operator of the establishment shall secure and maintain an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 12:00 a.rn. 38. The Operator License required to be obtained pursuant to Chapter 5,25 of the Municipal Code, may be subject to additional and /or more restrictive conditions such as a security plan to regulate and control potential late -hour nuisances associated with the operation of the establishment. 39. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 40. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 41. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 42. Food from the full service menu must be made available during any "happy hour" type of reduced price alcoholic beverage promotion. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. 43. There shall be no live entertainment or dancing allowed on the premises. 44. 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 Tmpll: 03/08/11 24 City Council Resolution No. _ Pace 13 of 15 charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 45. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 46. 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. 47. There shall be no on -site radio, televisions, 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. 48. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 49. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 50. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. Fire Department Conditions 51. Exit hardware for outdoor dining patio shall comply with California Building Code Section 1008. 52. With an occupant load of 50 or more persons, the requirements for an Assembly in C.B.C. Section 1028 will need to be met. Tmpit: 03/08/11 215 City Council Resolution No. _ Page 14 of 15 53. A fire suppression system will be required for cooking which involves the production of grease laden vapors. 54. Fire extinguishers will be required for the restaurant, offices upstairs, and a type -K for the cooking area. 55. Illuminated exit signs will be required. Emergency power shall be provided for a duration of not less than 90 minutes. 56. Requirements for wall and ceiling finishes and decorative material must be met from the C.B.C. Section 803 and 806. Building Division Conditions 57. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 58. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 59. Strict adherence to maximum occupancy limits is required. 60. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 61. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 62. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 63. The applicant shall provide a Type I hood with a kitchen suppression system for cooking equipment. 64. Kitchen exhaust fans shall be installed /maintained in accordance with the California Mechanical Code. A permit from the Sough Coast Air Quality Management District shall be obtained for the control of smoke and odor. Tmpll: 03/08/11 20 City Council Resolution No. _ Pace 15 of 15 65. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. 66. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. All exits shall remain free of obstructions and available for ingress and egress at all times. Public Works Conditions 67. The fountain, curb, and bollards within the rear alley setback shall be removed to improve alley access. 68. County Sanitation District fees shall be paid prior to the issuance of any building permits. Utilities Conditions 69. The applicant is responsible for all upgrades to the City's utilities as required to fulfill the project's demand. 70. New and existing domestic water services shall be protected by a USC approved reduced pressure back/low assembly and installed per STD - 520 -L -A. 71. New and existing irrigation services shall be protected by a dedicated USC approved reduced pressure backflow assembly and installed per STD- 520 -L -A. 72. New and existing fire services shall be protected by a USC approved double check detector assembly and installed per STD - 517 -L. 73. New sewer laterals and cleanouts shall be installed per STD - 406 -L. Tmpll: 03/013/11 27 M:� Attachment 2 Draft Resolution for Denial 29 30 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING USE PERMIT NO. UP2011 -012 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 111 PALM STREET (PA2011 -062) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lone Oak Newport, LLC, with respect to property located at 111 Palm Street, and legally described as Lot 7 and 8, Block 6, Tract 104, Balboa Tract, shown as Parcel 1 of Resub. 713, PM- 189_17 -18 requesting approval of a use permit. 2. The applicant proposes a conditional use permit to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) alcoholic beverage license. The requested hours of operation are from 6:00 a.m. to 12:00 midnight, Sunday through Thursday, and 6:00 a.m. to 1:00 a.m., Friday and Saturday. The requested hours of operation for the outdoor dining patio are from 6:00 a.m. to 10:00 p.m., Sunday through Thursday, and 6:00 a.m. to 11:00 p.m., Friday and Saturday. Conditional use permit approval is also necessary to reduce the required 32 additional parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. 3. The subject property is located within the Mixed -Use Vertical (MU -V) Zoning District and the General Plan Land Use Element category is Mixed -Use Vertical (MU -V). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Vertical (MU -V). 5. A public hearing was held on July 7, 2011 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. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. On July 14, 2011, the Planning Commission's decision to approve Use Permit No. UP2010 -036 was appealed by Ms. Terry A. Jones, attorney at law. The appeal was filed to review parking in the immediate area, noise and traffic at late hours, whether an additional alcohol license would contribute to a public nuisance, the crime rate, the lack of a known operator for the subject property, the need for an appraiser to determine the highest and best use for the property, the need for an explanation of the profitability of the building as a restaurant, and the proximity of residential units to the subject property. 7. The City Council held a public hearing on October 25, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The City Council 31 City Council Resolution No. _ Pace 2 of 2 considered evidence, both written and oral presented at this meeting. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 8. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Findings and Decision) of the Zoning Code, eating and drinking establishments classified as "Food Service, Late Hours" located within the MU -V (Mixed -Use Vertical) Zoning District require the approval of a conditional use permit. The City Council may approve a conditional use permit only after making each of the five required findings set forth in Section 20.52.0205. In this case, the City Council was unable to make the required findings. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby denies Use Permit No. UP2011- 012. 2. This action shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. 3. This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 25 day of October, 2011. 17A UNTO ; ATTEST: CITY CLERK Tmplk 03/08/11 .32 City Council Attachment 3 Planning Commission Staff Report 33 S4 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 7, 2011 Meeting Agenda Item 5 SUBJECT: Restaurant Conditional Use Permit - (PA2011 -062) 111 Palm Street 0 Conditional Use Permit No. UP2011 -012 APPLICANT: Lone Oak Newport, LLC PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY A conditional use permit to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) alcoholic beverage license. Conditional use permit approval is also necessary to reduce the required parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. RECOMMENDATION 1) Conduct a public hearing; and 2) Approve Use Permit No. UP2011 -012 with a closing hour of 12:00 midnight for the interior of the establishment and 10:00 p.m. for the outdoor dining patio, subject to the findings and conditions of approval in the draft resolution (Attachment No. PC 1). INTRODUCTION Proiect Settina and Description The subjoct property is bounded by East Balboa Boulevard, Palm Street, and an alley. Office and residential uses are located to the west along Balboa Boulevard and mixed - use properties including retail, office, and residential units are located to the north, east, and south of the subject property. The Balboa Pier parking lot is located within walking distance (less than 500 feet away) and contains 614 parking spaces. An additional hourly municipal parking lot is located on the north side of East Balboa Boulevard between Palm Street and Washington Street and it contains 68 parking spaces. The property is 5,504 square feet (approximately 0. 13 acres) in area and is developed with a 5,427 - square -foot vacant building. No parking is provided on -site. 35 3o Restaurant Conditional Use Permit July 7, 2.0.11 Page 2 WI VICINITY MAP Ilourly Municipal Parking Lot (GO) Project Site II m f., :l .. I/ n Balboa Pier, Day- Use Municipal Parking Lot (614) t ?vt1 1'. Ipp / 1. t' �. r - p `I GENERAL PLAN F ZONING i vuv b Ir .. LOCATION GENERAL PLAN ZONING CURRENT USE J ON-SITE MU -V (Mixed —Use MU -V (Mixed -Use i Vacant Retail Tenant Vertical Vertical k' NORTH (Mixed -Use MU -V (Mixed -Use Mixed -use, retail, office & residential !!! Vertical) Vertical ) Vertical ) and a nuutici gal ?arkiiD lot SOUTH RT (Two -Unit Residential) R -2 (Two -Unit Mixed -use, retail, office & residential i Residential __ and a municipal parking lot EAST MU -V (Mixed -Use MU -V (Mixed -Use Mixed-Use, retail, office &residential Vertical ) Vertical ) WEST _ _ MU -V (Mixed -Use MU -V (Mixed -Use __ Mixed -use, retail, office &residential Vertical w ys Vertical) WI 38 Restaurant Conditional Use Permit July 7, 2011 Page 3 The applicant requests approval of a conditional use permit to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) alcoholic beverage license. The applicant proposes minor alterations to the property with the floor plan remaining generally unchanged. Exterior improvements are not proposed as part of the conditional use permit application but may be included once a tenant is identified for the building. The proposed interior net public area is 2,040 square feet, and the existing and proposed outdoor dining patio is 606 square feet in area. The outdoor dining patio is located outside of the front entrance facing East Balboa Boulevard. The requested hours of operation are from 6:00 a.m, to 12:00 midnight, Sunday through Thursday, and 6:00 a.m, to 1:00 a.m., Friday and Saturday. The requested hours of operation for the outdoor dining patio are from 6:00 a.m. to 10:00 p.m., Sunday through Thursday, and 6:00 a.m. to 11:00 p.m., Friday and Saturday. The proposed floor plan includes 83 interior seats and 28 outdoor dining seats. The project applicant anticipates a total of 18 employees working a morning and evening shift for the proposed restaurant. Conditional use permit approval is also necessary to reduce the required off - street parking through the approval of a parking management program because the subject property does not provide on -site parking. Background The existing building has historically been utilized as a restaurant. According to County records, the building was originally constructed in 1930 and consisted of multiple tenant spaces. Use Permit No. UP876 was approved in 1962 for the Red Carpet Bar. It allowed for a bar, game room, and dancing for a maximum of five(5) couples over a one(1) year duration. Use Permit No. UP2045 was originally approved in 1981 to combine the Red Carpet Bar and the adjacent commercial space into a single restaurant. The use permit was subsequently amended in 1982, 1986, and 1995. The use permit ultimately allowed for an eating and drinking establishment, known as Bubbles, with full - service alcohol, an accessory outdoor dining patio, and live entertainment. Upon the final amendment in 1995, the restaurant had year round operating hours from 6:00 a.m. to 12:30 a.m., Sunday through Thursday, and 6:00 a.m. to 1:00 a.m., Friday and Saturday. The approval of the use included a parking reduction for 23 spaces and the payment of in- lieu fees for 18 of those spaces at a rate of $150 per parking space, annually. The restaurant use was terminated in 1998. The property was then utilized for a variety of other uses including an office, art gallery, and jewelry shop. The tenant space was changed and utilized for stone product manufacturing in 2003, then as a glass manufacturing company in 2009. The building has been vacant since September of 2010. The property owner has not yet Identified a specific tenant for the property but would like to reestablish the restaurant entitlement for marketing purposes. The building 39 Restaurant Conditional Use Permit July 7, 2011 Page 4 retains the infrastructure such as a kitchen area, venting, and grease interceptor necessary to operate a restaurant. DISCUSSION Consistencv with General Plan /Coastal Land Use Plan /Zonin The site is designated MU -V (Mixed -Use Vertical) by the General Plan Land Use Element, the Coastal Land Use Plan, and the Zoning Code. All of these designations allow for mixed -use and commercial development. The proposed eating and drinking establishment, which would be the sole occupant of the subject property, is consistent with these land use designations. The proposed project requires a conditional use permit to allow the establishment with late hours of operation, an accessory outdoor dining patio, and alcohol service along with a reduction in the required off - street parking. Inasmuch as this subject property is located within the Coastal Zone and this item is considered an intensification of the existing retail use, Coastal Commission approval will be required prior to Issuance of building permits for tenant improvements. Under the General Plan land use designation of MU -V, the Floor Area Ratio (FAR) for the subject property is limited to 0.75. The existing FAR for the subject properly is nonconforming at 0.98. Inasmuch as the proposed application will not result in an increase in the floor area ratio, the project is consistent with the Land Use element. Land Use Policy LU6.13.5 (Rebuilding of Non - Conforming Structures) of the General Plan states that one of the goals for the Balboa Village district is to allow existing nonconforming structures to remain, "Permit existing commercial buildings that exceed the permitted development intensities to be renovated, upgraded, or reconstructed to their preexisting intensity and, at a minimum, number of parking spaces." The project is consistent with this policy and would allow for the reuse of the existing art-deco building, thus maintaining the character of the district. Late Hours Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code, the Planning Commission must consider the following potential Impacts upon adjacent or nearby uses when reviewing an application to allow late -hour operations: 1. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses and activities; 2. High levels of lighting and illumination; 3. Increased pedestrian and vehicular traffic activity during late and early morning hours; 4. Increased trash and recycling collection activities; 40 Restaurant Conditional Use Permit July 7, 2011 Page 5 5. Occupancy loads of the use; and 6. Any other factors that may affect adjacent or nearby uses. Staff recommends a closing time of 10:00 p.m., daily, for the outdoor dining patio to diminish the effects of exterior noise resulting from late night dining activities on nearby residential uses. The location of the outdoor dining patio will help limit exterior noise impacts given the orientation of the building facing East Balboa Boulevard and Palm Street. Possible noise impacts for the interior of the restaurant will be diminished because live entertainment and dancing are not proposed, thereby limiting the likelihood the establishment will evolve into a nightclub. The staggered closing hour for the interior of the restaurant, in comparison with other restaurants in the area that close at 2:00 a.m., will assist the Police Department with control of public areas at night, The proposed use will not necessitate high levels of lighting or illumination and any outdoor lighting must conform to Zoning Code Section 20:30.070 (Outdoor Lighting). The project has been conditioned to require a photometric study at plan check for the addition of any exterior lighting on the subject property. A temporary increase in traffic during late and early morning hours on weekends is likely along East Balboa Boulevard; however, the establishment is located along East Balboa Boulevard, which is a major road and the location in Balboa Village will cater to nearby residents and visitors. The increase in traffic will occur at off -peak times. The occupancy load, which includes employees for the proposed use, is 153 persons including the outdoor dining patio and the office on the second floor. The restaurant floor plan provides a total of 111 seats, The difference between the occupancy load and the seating plan including employees on -site is 32 persons, The draft resolution requires that the proposed restaurant be in substantial conformance with the approved floor plan. Alcoholic Beverage Sales When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, Section 20.48,090 (Eating and Drinking Establishments) of the Zoning Code requires the Planning Commission to evaluate the potential impacts upon adjacent uses (within 100 feet as measured between the nearest lot lines) and to consider the proximity to other establishments selling alcoholic beverages for either off- site or on -site consumption. The adjacent uses are residential, general commercial, and retail. The draft resolution includes conditions of approval to minimize negative impacts that the proposed eating and drinking establishment may have to surrounding residential uses and ensure that the use remains compatible with the surrounding community. I'm Restaurant Conditional Use Permit July 7, 2011 Page 6 In order to approve a use permit for alcohol sales, the Planning Commission must also find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). In doing so, the follow must be considered: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b) The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. c) The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d) The proximity to other establishments selling alcoholic beverages for either off - site or on -site consumption., e) Whether or not the proposed amendment will resolve any current objectionable conditions. The establishment is located within Reporting District 12, which includes the Balboa Fun Zone, Balboa Pier, and Balboa Village. For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC 3. A memorandum, which includes alcohol related statistics from 2009, is provided in Attachment No. PC 4. The Police Department does not object to the operations as proposed by the applicant. A discussion of the factors is provided below: 1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people) RD No. 12 96 47 5,370.03 RD No. 13 70 65 3,632.89 RD No. 15 319 179 10,701.32 Newport Beach 2,884 3,350 3,297.31 The Part One Crimes Rate in Reporting District 12 (RD 12) is higher than the Part One Crimes Rate for the City and one(1) adjacent district. The crime rate in this reporting district is 27 percent above the City wide reporting district average. The higher crime rate within this reporting district is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non - residential to residential uses in RD 12. While the proposed establishment is located in an area which 42 Restaurant Conditional Use Permit July 7, 2011 Page 7 has a high concentration of alcohol licenses, staff feels it is appropriate to allow the proposed eating and drinking establishment within the existing structure because it was originally designed to accommodate a restaurant use. The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business. The Police Department does not object to this project as conditioned and the operational characteristics of the business would be required to obtain an Operator License. 2. The numbers of alcohol - related calls for service, crimes, or arrests in the reporting district and the adjacent reporting districts. Reporting District DUI /Drunk Arrests Total Arrests Calls for Service RD No. 12 50 105 2,358 RD No, 13 41 127 2,554 RD No. 15 361 635 6,663 Newport Beach 1,272 3,595 65,807 RD 12 has a higher number of DUI /Drunk Arrests, Total Arrests, and Calls for service recorded in 2009 compared to one(1) adjacent reporting district. From January 1, 2010 through December 31, 2010, the Police Department reported no calls for service to the subject property. 3. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. Residential units are located 10 feet across the rear alley to the southwest of the subject property and the subject property is located in a mixed -use district where residential development is permitted above the first floor. Multi- family residential development is located diagonal to the project site to the southeast and adjacent to the Balboa Pier parking lot. The proposed access and outdoor dining area are separated from existing nearby residences due to the orientation of the tenant space, which faces Balboa Boulevard and Palm Street. The nearest recreational facilities, the beach and the Balboa Pier, are located approximately 500 feet to the south of the subject property. The nearest church, Our Lady of Mount Carmel Church, is located 1.34 miles to the northwest of the subject property along West Balboa Boulevard. The nearest school, Newport Elementary School, is located 1.24 miles to the northwest of the subject property along West Balboa Boulevard. The project site is not located in close proximity to a daycare center. The proposed use is surrounded by other commercial retail and office uses on the ground level. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. The draft resolution includes conditions of approval to minimize negative impacts that 43 Restaurant Conditional Use Permit July 7, 2011 Page 8 the proposed eating and drinking establishment may have to surrounding land uses and ensure that the use remains compatible with the surrounding community. 4. The proximity of the other establishments selling alcoholic beverages for either off - site or on -site consumption. The location of the proposed establishment is irr close proximity to several establishments with alcohol licenses in Balboa Village including the Bal- Flarbor Liquor and Deli, Shore House Cafo, BJ's, the Balboa Inn, Class of '47, and Cabo Cantina among others. The RD12 statistics indicate an over concentration of alcohol licenses within this statistical area. Reporting District Active ABC License Per Capita RD No, 12 35 1 per 51 residents RD No. 13 6 1 per 321 residents RD No. 15 80 1 per 38 residents Count -wide 5,589 1 per 542 residents The per capita ratio of one(1) license for every 51 residents is higher than one(1) adjacent district and the average ratio for Orange County. This is due to the higher concentration of commercial land uses and lower number of residential properties in the Balboa Village district. While the proposed establishment is located in close proximity to other establishments selling alcoholic beverages, the physical and operational characteristics of the proposed establishment would make the service of alcoholic beverages appropriate at this location. 5. Whether or not the proposed amendment will resolve any current objectionable conditions. The existing commercial building has been vacant for approximately nine months and the proposed entitlement will help to alleviate this existing objectionable condition. The subject property is developed with an abandoned fountain, curb, and bollards within the rear alley setback. The draft resolution has been conditioned to require the removal of these features to improve alley access to the rear of the subject property. Adding alcohol service to the menu will compliment the food service and provide for the convenience of customers. The Police Department has no objections to the operation as proposed given the proposed hours of operation, license type, and overall size of the use. Refer to Attachment No, PC 5 for a copy of the Police Department Recommendation. The draft resolution has been conditioned to limit objectionable conditions due to noise and trash at the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC - required Licensee Education on Alcohol and Drugs (LEAD) training. Approval of this application will require the operator to obtain an Operator License pursuant to Chapter 5.25 of the Municipal 44 Restaurant Conditional Use Permit July 7, 2011 Page 9 Code. The Operator License should provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations. Parking Requirement The interior net public area proposed is 2,040 square feet, and the Zoning Code allows outdoor dining areas up to 25 percent of the interior net public area without an increase in the parking requirement. The applicant would like to utilize the existing outdoor area, which is 600 square feet in area. Therefore, 510 square feet (25 percent) of the outdoor dining patio do not require additional parking. The remaining 90 square feet will need to be parked at the same rate as the interior net public area. Under the current Zoning Code, the subject establishment requires one(1) parking space for every 30 -50 square feet of net public area, so the requirement is between 43 and 71 parking spaces for the interior dining area. No on -site parking is provided; therefore, there will be a deficiency of between 43 and 71 parking spaces. The original use permit, UP2045, and its subsequent amendments were approved with a parking rate of one(1) per 40 square feet of net public area. Section 20.40.060 (Parking Requirements for Food Service Uses) requires an analysis of the physical design characteristics, operational characteristics, and location of the establishment in order to determine the appropriate parking rate for a food service use. A list of these considerations is provided in Attachment No. PC 6, The proposed application is distinguished by the following physical, operational, and location characteristics: o The floor plan provides a bar area with counter space and alcohol service • Seating includes 11 bar stools, 72 interior seats, and 28 seats on the patio • Live entertainment and dancing are not proposed • No on-site parking is provided • The subject property is located in a relatively dense village area with multiple uses within a short distance of each other. The Balboa Village district Is conducive to a significant amount of walk -in patrons, The area experiences a parking shortage in the day time during the summer months. Based on the operational characteristics, physical, and location characteristics of the establishment, staff is recommending a parking requirement of one(1) parking space for every 40 square feet of net public area. At the recommended rate of one(1) parking space per 40 square feet of net public area, 51 parking spaces are required to accommodate the interior net public area and three(3) additional parking spaces are required to accommodate the outdoor dining patio. The total number of required parking spaces is 54. A credit of one(1) parking space per 250 square feet of gross floor area is granted based on the existing nonconforming retail use, which results in a credit of 22 45 Restaurant Conditional Use Permit July 7, 2011 Page 10 parking spaces. Thus, a reduction in the off - street parking requirement of 32 parking spaces is necessary to permit the proposed restaurant. Parking Management in Balboa Village The establishment of an entrance node to the Village at Palm Street has been identified as an objective to accommodate better access to and through the district. Since the intersection of Palm and East Balboa Boulevard is the primary entrance into beach parking, the new restaurant at this location would help to establish this intersection as a focal point, solidify the character of the area, and provide a compatible commercial use adjacent to East Balboa Boulevard. The City contracted with Walker Parking Consultants to conduct a series of studies to develop parking management strategies for six(6) commercial areas, including Balboa Village. The goal is to develop parking management plans that will provide adequate, convenient parking for residents, guests, business patrons, and visitors. Field surveys of parking were conducted in Balboa Village by Walker Parking on July 24 and July 26, 2008. Peak summer off - street parking occupancy in Balboa Village ranged from 62 percent on weekdays to 97 percent on weekends. A study of Walker Parking Consultant's findings was prepared for the City on April 3, 2009. In Scenario 2 of the study, the conversion of 20,000 square feet of existing retail uses converted into three(3) 6,667- square -foot restaurants was analyzed. In the study, the peak demand for a fine dining restaurant or casual dining restaurant with a bar, as currently proposed under the subject application, occurred at 8:00 p.m. as beach demand is diminishing. This peak demand period creates an offset period of parking demand between retail, office, and beach uses (peaking at midday) and restaurant and residential uses in Balboa Village, which peak in the evening hours. Existing parking would be able to accommodate the weekday demand for parking in Balboa Village with a new restaurant use. However, additional parking spaces may be needed for the proposed use to meet the demand for more parking on a summer weekend. The parking management plan is necessary to mitigate impacts associated with a reduction in the number of required parking spaces. A draft parking management program is provided by the applicant as Attachment No, PC 7. In accordance with Section 20.40.110 (Adjustments to Off - Street Parking Requirements), the Planning Commission must also consider whether sufficient data Is provided to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g. City parking lot located nearby, on- street parking available, greater than normal walk -in, trade, mixed -use development) in conjunction with a parking management program. The following conditions are applicable to the proposed project, which reduce the overall parking demand of the proposed restaurant: U Captive Market. Land uses in Balboa Village that are within close proximity of one another generate the opportunity for shared trips. While staff does not want IM Restaurant Conditional Use Permit July 7, 2011 Page 11 to encourage the use of .public parking for private use, Balboa Village does contain on- street parking and two nearby municipal lots that serve the many uses within the vicinity of the subject property. U Different Peak Periods. The Parking Management Program provides details regarding the peak demand for the proposed use in relation to surrounding residential, retail, office, and beach uses. The proposed use will be offset from retail, office, and beach uses, which peak during the noon hour, The proposed use will coincide with peak demand for residential use of public parking, which peak during the evening hours. However, the Balboa Village area offers sufficient public parking to accommodate both residential and restaurant uses during the evening hours. The only potential impact between uses may occur on weekend days during the summer season when demand for parking is at its greatest; However, the use will serve these visitors, thereby not always generating a new trip. Promoting pedestrian and bicycle access to the subject property to limit the Impact on off - street parking. The Balboa Village district is characterized by a higher level of pedestrian and bicycle traffic. U Parking Passes. The payment of parking passes for the proposed use would help to offset the additional demand created by the new restaurant use. The additional funds would be contributed toward the parking fund, which over time could then be used to create additional public parking. The applicant proposes to purchase parking permits on an annual basis for all employees to use the nearby municipal lot. Information on annual parking passes is included as Attachment No. PC H, In a dense commercial environment with multiple uses within close proximity, each building may not need a full supply of parking. The location of land uses within walking distance of one another generates the opportunity for shared trips and there is a significant component of walk -in patronage from nearby residential areas. The proposed restaurant use would be compatible with the surrounding uses and parking demand would be lower due to shared trips. In conclusion, the proposed restaurant use is consistent with the City's goals and objectives for the Balboa Village district. Staff recommends the approval of the subject application and the reduction of the required off- street parking in conjunction with a condition of approval requiring payment of annual parking passes for all employees to utilize the Balboa Pier parking lot. Traffic The proposed project is anticipated to generate 422 daily trips. A project is exempt from the Traffic Phasing Ordinance if any project, during any morning or evening peak hour 47 Restaurant Conditional Use Permit July 7, 2011 Page 12 period, does not increase trips by one(1) percent or more on any leg of a primary intersection. Based on data provided by the project applicant to the Public Works Department, the proposed project does not increase trips by one(1) percent or more and a traffic study was not required. Use Permit Findings In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: 1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. The project application has been conditioned and will be subject to an Operator License administered by the Police Department to prevent alcohol - related problems and ensure that the restaurant remains a bona fide eating establishment. The hours of operation will minimize the potential effects of noise on neighboring residents to preserve the health and safety for residents and other businesses in the neighborhood. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the Planning Commission must also make the following findings for approval of a conditional use permit: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3, The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed use is consistent with the General Plan, Local Coastal Program Coastal Land Use Plan, and Zoning Code. The draft resolution has been conditioned to limit objectionable conditions due to noise, trash, and deliveries at the establishment. The hours of operation are compatible with so Restaurant Conditional Use Permit July 7, 2011 Page 13 uses in the area and the closing hours will ensure the establishment staggers its closing . hours with local bars and lounges in the vicinity. The restaurant does not propose live entertainment or dancing thereby reducing the probability for the establishment to evolve Into a nightclub. The restaurant's location, in the heart of a commercial area within Balboa Village, is appropriate for an operation with extended hours of operation and alcohol service. Alcohol service will be provided as a convenience to the public and the restaurant provides additional choice for visitors. The reopening of the restaurant would . reintroduce some nuisance issues attributable to deliveries, parking, and late hours. However, staff is recommending approval given that the site was a restaurant and it retains the infrastructure for a restaurant, Summary and Alternatives Staff believes the findings for approval can be made and the facts in support of the required findings are presented in the draft resolution (Attachment No. PC 1). The following alternatives are available to the Planning Commission should they feel the facts are not in evidence of support for the project application: 1. The Planning Commission may suggest specific operational changes that are necessary to alleviate any concerns. If any additional requested changes are substantial, the item could be continued to a future meeting. Should the Planning Commission choose to do so, staff will return with a revised resolution incorporating new findings and /or conditions. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application and provide facts in support of denial to be included. in the attached draft resolution for denial (Attachment No. PC 2.) Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the reestablishment of a restaurant with an accessory outdoor dining patio and office within an existing structure. Therefore, the interior use, outdoor dining patio, and office qualify for a categorical exemption under Class 1. 49 Restaurant Conditional Use Permit July 7, 2011 Page 14 If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the CEQA Guidelines. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to properly owners within 300 feet of the properly 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 (his meeting, which was posted at City Hall and on the City website. Prepared by: Maka] ss� istanl Planner ATTACHMENTS Submitted by: } Gregg R irez, X11 Plan er RC -1 -- Draft - Resolution- for-Approval-with-Findings and Conditions -P-G 2— Draft °Resolution- for - Denial. PC-- 3— Newfj'(5-rt'Be5-cli Reporting- Districts .PC -4--- Alcohol - Related- Slalistics.- RC-5 —Police Del artii ent-Reconl]nenclation P&6--Zoning Code Section - 20.40.060 (Parking RC_7 —P--�i-r king_- Managenaonl- P- rogram PC £3 Annual f arhiricj Pi�rmit Lnformation -PG 9 Ajsplicanl' "s Picijecl °Description PC .10- Site- l?hotos- PC"1`I °Public Coniirie if.l_ °etter•of Opposition PC 1- 2- Project -plans 7mpll: 1112.3/09 Requirements for Food,Service USes)y F: \Users \PI -N \Share(] \PA's\PAs - 2011\PA2011- 062WP2011 -012 PC Rpt.docx 150 Cuts/ couYunc H Attachment 4 Planning Commission Resolution 151 52 RESOLUTION NO. 1849 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2011 -012 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 111 PALM STREET (PA2011- 062) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Lone Oak Newport, LLC, with respect to properly located at 111 Palm Street, and legally described as Lot 7 and 8, Block 6, Tract 104, Balboa Tract, shown as Parcel 1 of Resub. 713, PM- 189_17 -18 requesting approval of a use permit. 2. The applicant proposes a conditional use permit to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) alcoholic beverage license. The requested hours of operation are from 6:00 a.m. to 12:00 midnight, Sunday through Thursday, and 6:00 a.m. to 1:00 a.m., Friday and Saturday. The requested hours of operation for the outdoor dining patio are from 6:00 a.m. to 10:00 p.m., Sunday through Thursday, and 6:00 a.m. to 11:00 p.m., Friday and Saturday. Conditional use permit approval is also necessary to reduce the required 32 additional parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. 3. The subject property is located within the Mixed -Use Vertical (MU -V) Zoning District and the General Plan Land Use Element category is Mixed -Use Vertical (MU -V). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Vertical (MU -V). 5. A public hearing was held on July 7, 2011 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. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, 53 Planning Commission Resolution No. 1849 Paae 2 of 14 facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the reestablishment of a restaurant with an accessory outdoor dining patio and office within an existing structure. Therefore, the interior use, outdoor dining patio, and office qualify for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20,48.030 (Alcohol Sales), the Planning Commission must male the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding: A -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. Alcohol service is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages including an Operator License will ensure compatibility with the surrounding uses and minimize alcohol related impacts. A -2. The subject property is located in an area with a significant variety of land uses including commercial, retail, .residential, and coastal resources. The business hours, operational characteristics, and floor plan have been limited so as to maintain the compatibility of the proposed use with surrounding land uses, In accordance with Section 20.52.050.17 (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: B -1. The General Plan land use designation for this site is MU -V (Mixed -Use Vertical). The MU -V designation is intended to provide for the development of properties for mixed- use structures that vertically integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses. For mixed -use structures, commercial uses characterized by noise, vibration, odors, or other activities that would adversely impact on -site residential units are prohibited. Sites may also be developed exclusively TmpIC. 03106111. 154 Planning Commission Resolution No. 1849 Page 3 of 14 for retail or office uses in accordance with the CK CC, CG, or CO -G designations. The proposed eating and drinking establishment, which is the sole occupant of the subject property is consistent with these land use designations. Restaurant uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. B -2. Inasmuch as the proposed application will not result in an increase in the floor area ratio, the project is consistent with the Land Use element. Land Use Policy LU6.13.5 (Rebuilding of Non - Conforming Structures) of the General Plan states that one of the goals for the Balboa Village district is to allow existing nonconforming stnuctures to remain, 'Permit existing commercial buildings that exceed the permitted development intensities to be renovated, upgraded, or reconstructed to their preexisting intensity and, at a minimum, number of parking spaces." The project is consistent with this policy and would allow for the reuse of the existing art-deco building, thus maintaining the character of the district. B -3. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents alike. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The new establishment will improve and revitalize the existing retail building and the surrounding neighborhood. B-4. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: C -1. The site is located in the MU -V (Mixed -Use Vertical) Zoning District. The MU -V zoning district is intended to provide for areas appropriate for the development of mixed -use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. The proposed eating and drinking establishment with alcohol service, an outdoor patio, and a second floor office is consistent with land uses permitted by the MU -V Zoning District. C -2. The subject property does not provide on -site parking but the proposed use is identified as a short-term objective for this particular intersection within Balboa Village to provide a focal point for entry into the district. The payment of annual parking passes for all employees of the establishment will help off -set the costs of providing public parking for multiple uses in the district and create revenue for the maintenance and creation of additional parking for the district. Tmpll: 03 /08 /11 15J5 Planning Commission Resolution No. 1849 Page 4 of 14 Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: D -1. The operation of the restaurant will be restricted to the hours between 10:00 a.m. and 12:00 midnight, daily. The closing hour varies from other late night restaurants and bars in the area and this will assist the Police Department with control over public areas in the district during the late night hours. D -2. A restaurant has been operated in this location from 1962 to 1998 pursuant to Use Permit No. 876 and Use Permit No. UP2045. D -3. The floor plan provides a bar area with counter space, 11 bar stools, and alcohol service. Tables are provided to accommodate 72 seats indoors and 28 seats on the outdoor dining patio. Live entertainment and dancing are not proposed and no on -site parking is provided at the subject property. The commercial building Is previously developed with the infrastructure to accommodate a restaurant use. D -4. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the restaurant is located approximately 10 feet from residential properties across the alley to the south, the building is oriented toward Balboa Boulevard and Palm Street away from the nearby residences. The use permit has been conditioned to require the outdoor patio area to be closed by 10:00 p.m., daily, to reduce noise impacts to nearby residents. Restaurant activity will be shielded from the residential uses to the south, west, and across East Balboa Boulevard. The applicant Is also required to control trash and litter around the subject property. 0-5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community so that the business remains a restaurant and does not become a bar or nightclub as defined by the Zoning Code. D -5. The applicant is required to install a grease interceptor, provide a wash -out area that drains to the sewer line, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. D -6. The subject property is located in a relatively dense village area with multiple uses within a short distance of each other. The Balboa Village district Is conducive to a significant amount of walk -in patrons. The area experiences parking problems in the day time during the summer months. Two municipal parking lots and on- street parking is Tmpil: 05/08/11 50 Planning Commission Resolution No. 1849 Paoe 5 of 14 available in the Balboa Village district to accommodate the proposed use in the off- season months. The payment of annual parking passes for all employees will help to alleviate added costs for maintenance and demand on the Balboa Pier Main Lot. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: E -1. The project site is located within an existing commercial building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. The existing tenant space on the subject property has historically been utilized as a restaurant. E -2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utilities upgrades required for the change in occupancy will be required at plan check and have been included in the conditions of approval. E -3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: F -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. The closing hours for the outdoor dining patio will limit the exterior noise to the surrounding residents. F -2. The eating and drinking establishment will serve the surrounding residential community. The proposed establishment will provide dining services as a public convenience to the surrounding neighborhood. This will revitalize the project site and Tmpit: 03108/1 f 57 Planning Commission [Resolution No. 1849 __Page 6 of '14 provide an economic opportunity for the property owner to update the retail tenant and service, which best serve the qualify of life for the surrounding residential community. F -3. The proposed use is located in a district which is subject to a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. "these characteristics reduce the demand of the proposed eating and drinking establishment and the number of parking spaces required to serve the proposed use. Adequate parking is provided in the nearby municipal lots in the off - season months and summer weekdays to accommodate the proposed use. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2011 -012, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen clays after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP876 and Use Permit No. UP2045, which upon vesting of the rights authorized by this use permit, shall become 111.111 and void. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY, 2011. AYES: Kramer, Myers, Toerge, and Unsworth NOES: Ameri, Hawkins, and Hillgren ABSTAIN: None. ABSENT: None. BY: C c 1).,' rl' Charles Unsworth, Chairman Bradley�l gren!Seaetary Tmpll: 03/00/11 m Planning Commission Resolution No. 1849 Paae 7 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2011 -012 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This approval was based on the particulars of the individual case and does not in and of Itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 6. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. Tmpll: 03108/11 59 Planning Commission Resolution No. 1849 Paae 8 of 14 11, Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Modification Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to restaurant use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 13. The applicant or operator of the facility shall purchase parking permits for all employees on an annual basis for the Balboa Pier Main Lot, and shall direct employees to park in said parking lot. 14. deleted 15. The hours of operation for the interior of the restaurant shall be limited between 6:00 a.m. and 12:00 midnight, daily. The hours of operation for the outdoor dining patio shall be limited between 6:00 a.m. and 10:00 p.m., daily. 16. That the "net public area" of the restaurant shall not exceed 2,040 square feet for the interior of the subject restaurant facility. A maximum of 83 seats shall be provided within the interiorof the establishment. 17. The accessoryy outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 600 square feet in area and provide seating for 28 persons maximum. 18. The seating and diming in the outdoor area shall be limited to dining table height (approximately 30 inches) and table surface area of 24 inches by 30 inches minimum. The use of elevated counters, tables, and barstools are prohibited in the outdoor dining area. 19. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 20. The installation of roof coverings in addition to the proposed fabric awning shall not have the effect of creating a permanent enclosure. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. Tmpll: 03/08111 sO Planning Commission Resolution No. 1849 Page 9 of 14 21, The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Division. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all tirnes. 22, 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. 23. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 24. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right - of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 25. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 26. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre - recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: 1511plt: 03/08111 01 Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 .m. and 7:00 a.m. Interior exterior interior exterlor Measured at the property line of commercially zoned properly: N/A 66 dBA N/A 60 dBA Measured at the property line of residentially zoned property: NIA 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 1511plt: 03/08111 01 Planning Commission Resolution No. 1849 Paae 10 of 14 27. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 28. Construction activities shall comply with Section 10.28,040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a,m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 29. All trash shall be stored within the building, except when placed for pick -up by refuse collection agencies. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self - contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 30. Trash receptacles for patrons shall be conveniently located inside of the establishment. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 31. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Division for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frarne for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 32. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 33. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick -up days. 34. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, Its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly Tmpll: 03/08111 IM Planning Commission Resolution No. 1849 Page 11 of 14 or indirectly) to City's approval of the Restaurant Conditional Use Permit including, but not limited to, the Use Permit No. UP2011 -012. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department Conditions 35. The approval is only for the establishment of an eating and drinking establishment as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 36. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On -Sale General) in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 37. The operator of the establishment shall secure and maintain an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 92:00 a.m. 38. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal Code, may be subject to additional and/or more restrictive conditions such as a security plan to regulate and control potential late -hour nuisances associated with the operation of the establishment. 39. Approval does not permit the premises to operate as a bat; tavern, cocktail lounge, or nightclub as defined by the Newpott Beach Municipal Code. 40. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 41. Food service from the regular menu shall he available to patrons up to thirty (30) minutes before the scheduled closing time. 42. Food from the full service menu must be made available during any "happy hour" type of reduced price alcoholic beverage promotion. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. 43. There shall be no live entertainment or dancing allowed on the premises. Tmpll: OVUM %.3 Planning Commission Resolution No. 1849 Page 12 of 14 44. 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. 45. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 46. The quarterly gross sales of alcoholic beverages shalt 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. 47. There shall be no on -site radio, televisions, 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. 48. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 49. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 50. All owners, managers and employees selling alcoholic beverages shalt undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 980 days of the Issuance of the certificate of occupancy. Records of each owner's; manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. Fire Department Conditions 51. Exit hardware for outdoor dining patio shall comply with California Building Code Section 1008. "rmpll: o3 /o8 /11 04 Planning Commission Resolution No. 1849 Paae 13 of 14 52. With an occupant load of 50 or more persons, the requirements for an Assembly in C.B.C. Section 1028 will need to be met. 53. A fire suppression system will be required for cooking which involves the production of grease laden vapors. 54. Fire extinguishers will be required for the restaurant, offices upstairs, and a type -K for the cooking area. 55. Illuminated exit signs will be required. Emergency power shall be provided f or a duration of not less than 90 minutes. 56. Requirements for wall and ceiling finishes and decorative material must be met from the C.B.C. Section 803 and 806. Building Division Conditions 57. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 58. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 59. Strict adherence to maximum occupancy limits Is required. 60. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division, 61. If required, a grease interceptor- shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 62. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 63. The applicant shall provide a Type I hood with a kitchen suppression system for cooking equipment. Tmpll: 03/08/11 IM Planning Commission Resolution No. 1849 Page 14 of 14 64. Kitchen exhaust fans shall be installed /maintained in accordance with the California Mechanical Code. A permit from the Sough Coast Air Quality Management District shall be obtained for the control of smoke and odor. 65. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. 66. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. All exits shall remain free of obstructions and available for ingress and egress at all times. Public Works Conditions 67. The fountain, curb, and bollards within the rear alley setback shall be removed to improve alley access. 68. County Sanitation District fees shall be paid prior to the issuance of any building permits. Utilities Conditions 69. The applicant is responsible for all upgrades to the City's utilities as required to fulfill the project's demand: 70. New and existing domestic water services shall be protected by a USC approved reduced pressure backflow assembly and installed per STD - 520 -L -A. 71. New and existing irrigation services shall be protected by a dedicated USC approved reduced pressure backi'low assembly and installed per STD - 520 -L -A. 72. New and existing fire services shall be protected by a USC approved double check detector assembly and installed per STD-517-L. 73. New sewer laterals and cleanouts shall be installed per STD - 406 -L. Tmpll: 03/08/11 City Council Attachment 5 Planning Commission Minutes 6� 02 NEWPORT BEACH PLANNING COMMISSION MINUTES Toerge reported that he visited the site. Hawkins reported that he visited the site. Chair Unsworth resorted that he visited the site. Commissioner Myers reWed that he visited the site. Chair Unsworth opened the prlblic hearing. SCA\i�, 1 7 1 EC F& 1 AIl V Todd Schooler, architect, representing the applicant, submitted documents with pictures and maps to the Commission and stated that he reb the staff repo and agrees with its conditions. George Schroeder, resident, stated that he sup s tthe applicants' request. Chair Unsworth closed the public hearing Motion made by Commissioner Toer € and seconded by Cord isstoner Hawkins, and carried (7— 0) to amend General Plan Land Use signation from Two -Unit Resi ntial (RT) to Mixed -Use Horizontal 4 (MU -1­14), amend Coastal L d Use Plan designation from Two- it Residential (RT -D) to Mixed - Use Horizontal (MU -H), nd amend Zoning designation from Two it Residential (R -2) to the Mixed -Use Cannery ViJag and 15th Street (MU -CV /15th ST). AYES: Ameri, Hawkins, Hiligren, Kramer, Myers, Toerge, and NOES: None. ABSENT: None. ABSTA None. Unsworth stated that the decision will be final unless appealed within 14 days from today. ITEM NO. 5 Restaurant Conditional Use Permit (PA2011 -062) 111 Palm Street The applicant is seeking a conditional use permit to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) alcoholic beverage license. Conditional use permit approval is also necessary to reduce the required parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. Assistant Planner Makana Nova presented a staff report and utilized a PowerPoint presentation. In response to questions from the Commission, Assistant Planner Nova clarified that the written comments received from the public were in opposition but the members of the public that she spoke to were in support of the project, there is no tenant for the current application noting that the property owner would like to reestablish the entitlement for the property in order to lease the property out to a potential restaurant, the conditions in the proposed resolution would apply to any new tentant going into the business however it is subject to an operator's license which can contain additional condilions'set by the Police Department, the operator's license is granted by the Police Department not the Planning Commission, mentioned that the Planning Commission can deny the application without prejudice and that the conditions for the operator's license would not be placed until a new tenant submits plans for the property. Page 9 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/0712011 In resonse to questions from the Commission, Senior Planner Ramirez clarified that the land -use right has to be exercised within 24 months unless there is an extension requested but in this case it is truly a land -use issue, stated that the conditions can he modified if the Commission has concerns, an operator who does not want to stay open passed 11:00 P.M. would not need an operator's license or require any further public hearing and would be able to operate based on the proposed conditions of approval. Commissioner Hawkins stated that he has concerns about not having an operator already identified. Chair Unsworth called for Ex Parte Communication reports from the Commission. Commissioner Hawkins reported that he drove by the site. Commissioner Toerge reported that he visited the site. Chair Unsworth reported that he drove by the site.. Commissioner Myers reported that he visited the site. Chair Unsworth opened the public hearing. Nathan Ung, representing the applicant, stated that the property owner would like to reestablish the entitlement for the property in order to lease the properly out to a potential restaurant, desires to be flexible enough in the hours of operations for potential tenants and stated that the applicant is agreeable to the hours of 6:00 a.m. to 12:00 midnight daily and 6:00 a.m. to 10:00 p.m. for the outdoor dining patio daily. In response to questions from Commissioner Hilgren regarding the background, history, and operation portfolio of Lone Oak Newport, Mr. Ung clarified that Lone Oak Newport is the property owner, one of the principals at Lone Oak Newport used to operate restaurants and understands the dynamics involved in running restaurants, the property in question is the only property owned by Lone Oak Newport in Newport Beach and that they own other commerical properties in Orange County including office buildings in Tustin and a vacant parcel that they own in San Clemente. Mr. Ung stated that he would research and get back to the Commission regarding whether or not Lone Oak Newport owns any operating commercial properties like the one in question in California or if there are any existing operating restaurants that they are landlords for. Commissioner Hawkins expressed his concerns regarding granting a parking waiver which requires that serveral of the findings be based on the fact that the operation is of a certain character and the Commission has no ability to determine what the character is without an operator. Discussion ensued between the Commission and the applicant regarding the conditions of approval, ability to rotate the parking, peak parking demand, beach parking and hours of operation. Chair Unsworth suggested restricting the hours of operation from 4:00 p.m. to midnight eliminating the daytime hours. Mr. Ung stated that he is opposed to restricting the hours of operation because it doesn't make sense economically for a viable operation. Mike Lawrence, broker for the properly, requested that the hours of operation be limited to either day or evening so that when the open operator comes in they will have to apply to the Planning Commission if they want to extend the hours giving the Planning Commission the protection, Page 10 of 15 70 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/0712011 leverage and control to limit or add conditions at that time rather than denying the application, approximated that it would take a few months to find a potential tenant, stated that the expired CUP has made the property virtually unmarketable, that having a permanent CUP would make a material difference in marketing the property and that a reduction in tables would be damaging. In response to questions from Commissioner Hillgren regarding the parking waiver, Assistant Planner Nova stated that the reduction in the required offsite parking would be 32 spaces noting that the credit they receive is for 22 spaces, that 22 spaces equates to 880 square feet of net public area (total net public area parked) not including the outdoor dining patio and that they are allowed a 220 square foot outdoor dining patio however the existing patio is currently 606 square feet. Comissioner Hillgren stated that his concern is that the Planning Commission could deny the application or approve the application with such limited and restricted conditions that potential operators would still not be interested in the property requiring them to come back to the Planning Commission, that the problem is the parking waiver because it is based upon the operating characteristics and suggested continuing the item for 15 or 30 days to allow the applicant more time to figure things out. Mr. Lawrence agreed to come back in 30 days, asked if there was any viability of getting the parking waiver and asked for any feedback or guidance from the Commission. Commissioner Ameri stated that it is very difficult to get a permit with conditions on hours of operation and a reduction of the requirements for parking which are very specific without an operator, suggested showing the potential operators the set of conditions noting that potential operators may want to alter the conditions to their likings so that when the applicant returns to the Planning Commission he will have something that is a little more suitable to the operator, suggested that the applicant come back to the Commission once he has an operator even if it takes 90 days, stated that the proposed conditions are not approved conditons yet and stated that it would be not appropriate to approve the application without an operator because the Commission has no idea what the impact will be on parking or the hours of operation. Commissioner Hawkins stated that it is a natural restaurant site, that he is not generally supportive of parking waivers but stated that he would be in support of the parking waiver if there was an in lieu parking fee and suggested that the applicant talk with his client and develop restrictive enough conditions so that he would have to come back to the Planning Commission in 30 days. Commissioner Hilgren stated that a restaurant is an appropriate use for the property, that having a specific operator is critical in order to hold that operator up to the template of the conditions being considered, stated that he finds it hard to support Commissioner Hawkins suggestion that the applicant market the restricted conditions to potential operators and then come back to the Commission in 30 days, although noting that it would be very difficult. He also stated he will support keeping the application open as long as possible so that the applicants' process is quick in coming back to the Commission so it can be applied to the operator very rapidly. Community Development Director Brandt stated that there are state law requirements in terms of processing discressionary applications and that if there is a continuance request the applicant would have to agree to it, the Commission does have the ability, with the applicants' concurrence, to continue to a date to see if the applicant can secure a potential user for the property, recommended that the Commission take an action on the application if the Commission and the applicant cannot come to a concurrence on a continuances timeframe, because the application has been deemed complete since June and there are time frames that need to be complied with and referred to the Permit Streamlining Act. Page 11 of 15 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/0712011 Assistant City Attorney Mulvihill noted that the time frame Is 180 days from June which is when file application was deemed complete and stated that the applicant should request the continuance. Chair Unsworth slated that to the extent that a motion is made for a continuance, it would probably only receive a positive vote if the applicant waived its rights under the Permit Streamlining Act or any other ordinance, codes, statues that would require the City to act on a permit application within a specified time. Mr. Lawrence agreed with Chair Unsworth s statements. Chair Unsworth opened the public hearing to the general public. George Schroeder, resident, gave encouragement to the property owner, spoke regarding revitalizing Downtown Balboa and parking issues, mentioned that there is ample parking about 75 percent of the lime, stated that he supports a restaurant use on the property but is typically against liquor licenses, expressed his concerns regarding hard liquor licenses and late hours of operation and slated that he does not support giving an operators license without an operator identified. Justine Hurry, property owner, expressed her concerns regarding public dr nkardness, excessive traffic, noise, the negative impact it might have on renting her property, requested that the Commission deny the application, stated that she never received any notice and mentioned that she has made several offers to buy the building. Jim Stratton, spoke regarding the Neighborhood Revitalization Committee, stated that he supports the proposed use but is concerned about the parking provisions, suggested that in lieu parking be considered and that it would be better addressed at the upcoming Balboa Neighborhood Revitalization Committee noting that long -range planning for parking is critical in the revitalization of Balboa Village. Dan Purcell, resident, expressed his concerns regarding hard liquor licenses and stated that it creates a lot of long term problems in the area. Mr. Lawrence stated that the applicant is open to a continuance and is agreeable to the time waiver as it relates to the Permit Streamlining Act. Commissioner Hawkins clarified that the applicant is supposed to make the request for a continuance with a knowing waiver of all time limitations put upon the City. Mr. Lawrence requested for a continuanace and a time waiver and stated that he would submit a formal request in writing for the record. City Attorney Mulvihill clarified that the continuance would be for an additonal 90 days. Mr. Lawrence agreed and requested for a continuance for an additional 90 days. Chair Unsworth closed the public hearing. Commissioner Toerge stated that he is very compelled by the applicant's presentation and testimony and that he understands the difficulty and costs, stated that there are restrictions on the conditions, noted that it is a restaurant not a bar, cocktail lounge or night club, referenced the parking waiver and stated that it is inconceivable to him that the 20 or 30 parking spaces could not be found knowing that there are 612 parking spaces near the property and 68 parking spaces across the street, stated that he feels that the applicant is being forced into another delay tactic that he is trying Page 12 of 15 72 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/07/2011 to avoid and stated that with the indulgence of the Commission should the motion fail hopefully somebody on the prevailing side would reconsider the motion and repropose the continuance. Motion made by Commissioner Toerge and seconded by Commissioner Kramer to approve Use Permit No. UP2011 -012 with a closing hour of 12:00 midnight for the interior of the establishment and 10:00 p.m. for the outdoor dining patio, subject to the findings and conditions of approval in the draft resolution. Commissioner Kramer stated that it is very important to at least be senstive to the condition of the property because it has been vacant, that the area needs to be revitalized, staff has done a good job at crafting something that works, that there could easily be a parking waiver considering the municipal parking lot which is in close proximity and stated that they should be in favor of the application for those reasons. Commissioner Ameri mentioned the fact that it is silly to approve a project without an operator and to give parking waivers for a use that could be a small sandwich shop that is open two (2) hours a day or a bar with established operation hours and expressed his concern regarding waiving parking requirements without knowing who is going to park there. A substitute motion made by Commissioner Ameri and seconded by Commissioner Hawkins to deny the application without prejudice. Commissioner Toerge stated that he will not support the substitute motion, that he respects the statements made by Commissioner Ameri but in this instance it does not make any sense, stated that the property needs a parking waiver because it has no parking and has never had parking, that the issue is to either give the properly a parking waiver or tear the building down and stated that recommending, pursuing and approving the project is consistent with the goals of the City to revitalize the area. Chair Unsworth agreed with Commissioner Toerge, stated that they have to rely on their abilities to condition the project and that whoever comes in will operate according to those conditions. Commissioner Hawkins requested that staff address some of the public comments that were made regarding public nuisances such as noise and drunkenness and discuss how the operator's permit will address those concerns. Assistant Planner Nova clarified that the operator's permit has the ability to limit the hours of operation and require a security plan for the business and noted that the Police Department has the ability to further limit its use, staled that because the existing use is currently considered retail and it is non- conforming the applicant gels a credit of 22 parking spaces based on the retail parking rate for that use, and slated that the City does not currently have an in lieu parking mechanism for the district or City. The substitute motion made by Commissioner Arneri and seconded by Commissioner Hawkins failed (2 - -5) to deny the application without prejudice. AYES: Ameri and Hawkins NOES: Hillgren, Kramer, Myers, Toerge, and Unsworth ABSENT: None. ABSTAIN: None. Chair Unsworth stated that a two - thirds majority vote is needed to call for the question. Page 13 of 15 773 NEWPORT BEACH PLANNING COMMISSION MINUTES 07/07/2011 Assistant City Attorney Mulvihill clarified that the vote must pass by a two - thirds majority to immediately call for the question and stop any discussion on the motion on the floor. Commissioner Toerge moved to terminate discussion and call for the question. The two- thirds majority vote for no discussion carried (6 -1). AYES: Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth NOES: Ameri. ABSENT: None. ABSTAIN: None. Chair Unsworth requested that the Commission vote on the pending motion Motion made by Commissioner Toerge and seconded by Commissioner Kramer and carried (4 -3) to approve Use Permit No. UP2011 -012 with a closing hour of 12:00 midnight for the interior of the establishment and 10:00 p.m. for the outdoor dining patio, subject to the findings and conditions of approval in the draft resolution. AYES: Kramer, Myers, Toerge, and Unsworth NOES: Ameri, Hawkins, and Hillgren ABSENT: None. ABSTAIN: None. Chair Unsworth stated that the decision will be final unless appealed within 14 days from today. City Attorney Mulvihill requested to be heard before moving on to New Business. Assistar t Attorney Mulvihill clarified that Item No. 3 was a motion to uphold the de ision of the Zoning A i'inistrator which failed, pointed out the resolution identifying findings f venial of the Zoning Admi isttrators' decision on handwritten page 25 of the staff report and re ectfully requested that one of the Members of the prevailing vote on the denial (Amen, Myers, erge and Unsworth), under the rules of pi) edure, consider reconsidering Item No. 3 simply for t purposes of adopting the resolution for denial an oted for the record that the Zoning Administrato decision was reversed. Motion made by Commission$ Toerge and seconded by Cr reconsider Item No. 3 simply for th urposes of adopting the AYES: Ameri, Hawkins, NOES: Kramer ABSENT: None. ABSTAIN: None. er Myers, and passed (6 — 1) to for denial. and Unsworth Assistant City Attorney Mulvihill re fisted that the Coml fission vote to adopt the resolution for the findings of denial. Motion made by Commisr ner Toerge and seconded by Cornmiss er Hawkins, and passed (5 — 2) to adopt the reso�brney on r the findings of denial. Assistant City /jt Mulvihill clarified that a "no" vote means upholding th decision of the Zoning ensued between the Commission regarding what the "yes" and "no" vote Page 14 74 City y C®dl19' cH Attachment 6 Memorandum Requesting Appeal �15 70 Application No. CITY OF NEVVPOR�ETMEU .2011 JUL 14 AM 11: 23 re Conditional Use Permit PA2011 -062, CUP No. UP2011 ' -012 Appellant OFFICE OF Name of A Pp RJE CF1Y AK or person filing: SCAP III, LLC c/o Terry A. Jones, Attorn "l�h,) auv ;m JA14 820 -4582 Address: 160 N. Riverview Dr., Suite 200, Anaheim Hills, CA 92808 Date of Planning Commission decision: July 7, 2011 Regarding application of: Lone O'ak Newport, LLC for conditional use permit to allow an eating and drinking establishment at 111 Palm Street with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) alcoholic beverage license. Conditional use permit is also necessary to reduce the required parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. Reasons for Appeal : 1. This would give preferential treatment to the owner for parking by not requiring at least the minimum parking spaces and would be contrary to the City's refusal to waive similar parking requirements for other owners. Parking is already a problem in the immediate area. 2. A public nuisance would be created by the noise and additional traffic at late hours, interfering with residential properties nearby, which alone would be grounds for revocation. 3. An additional alcohol license would contribute to public nuisance and there are already more alcohol licenses per capita in the area than in other comparison areas. 4. The crime rate is already higher in this area (by significant 27,15 %) than other comparison areas, and a late hour establishment would likely increase the crime rate and be detrimental to the public welfare. 5. The application for conditional use permit is misleading in that there is no definite plan for a restaurant or other business establishment (see PC5 to application). The permit is based on speculation and is being used solely to increase marketability of the subject property which is for sale. 6. The highest and best use should be determined by a qualified appraiser. 7. No explanation has been given as to the profitability of the past use / of the building as a restaurant �. Si,C2 �nr_SNb�CC�( erC e. t' �A/'!S G�Q:CG with the problems encountered or the reasons for ch nge of use. a , z jAkr�ht /w, pgl c� 1 � _ fYUn \" ctr�'�I v✓� -r'e_ Y� li,,� ec� ;I .S ,f' S tN .Ij ctS nL�rli� y 10 i:� - eywm�S if-Ae S1.'fd i Pr�,.ri y c re�t�s vn /c,re no.;se Ew SC, A n ZI C— Date CITY C 77 �Lg Attachmen t 7 Newport Beach Reporting Districts 79 20 AlIrmw T COA � 13 )th ST 26 ST HWY VN V 14C 7N NF< r N�yq Oq� 7th ST 22 %12 B ST 41 coAs,, I` BAi60A 4'2 CMAMME( tVNwxv c tlASm J i 15 m T COA � 13 )th ST 26 ST HWY VN V 14C 7N NF< r N�yq Oq� 7th ST 22 %12 B ST 41 coAs,, I` BAi60A 4'2 CMAMME( 22 (,- Reporting Districts wport Beach Police Department , �`, 34 . Hlectve lan i, zoos < A D14 �> yFS.7 33 I\,P 21� (31 0 ` 35 W� I _ 24 2 \ Vl,sr \ /`�$ 32 FOQO RO - BO'V ?A CYNDR 17 11 2 25 -��f C 38 51 / '1 - SIh ST 6 26 P p COAST NYW IN 4r° 37th ST 15 - „1 4 13 ]Ulh ST 41 COAST 22 4211. 43 /12 7th ST-� B ST 39 o ` 53 GP 44 47= op.RG'48 . . 52 `\ Nq .. 61 t � a s �y w SAN JOAQUINHi 64 �\A\ 66 /45 _ ]h BUCK GULLY /46 N (,. E MORNING 67 n .ruiR� CANYON v PACIFIC OCEAn y�M CRYSTAL COVE STATE PARK a a � r" 68 no CRYSTAL COVE 1 9sl5 I STATE PARK F EM' City Council Attachment 8 Alcohol Related Statistics M m City of Newport Beach Police Department Memorandum April 28, 2011 TO: Makana Nova, Assistant Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Lone Oak Newport, LLC at 111 Palm Street. This area encompasses our reporting district (RD) number 12 as well as part of Census Tract 628. This report reflects City of Newport Beach crime data for calendar year 2010, which is the most current data available. Calls for Service Information City wide there were approximately 65,807 calls for police services during this time, of which 2;358 were in RD12. A "call for service" is, any contract 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 5,845 crimes reported to the Newport Beach Police Department during this period. Of thus total, 2,756 were Part One Cranes * * *. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggi,avated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,089 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,191.81 per 100,000 people. The national Part One crime rate was 3,667.02* per 100,000 people. Crimes RD 12 Newport Beach California* National* Part 1 96 2,884 1,184,073. 10,639,369 Part 2 47 3,350 N/A N/A Part 1Crime Rate 5,370.03 3,297.31 3,203.52 3,465.52 The number of active ABC licenses in this RD is 35" Per capita ratio 1 license for every 51 residents. Thus reporting district had a total of 193 reported crimes as compared to a City wide reporting district average of 152 reported crimes. This reporting district is 41 crimes more or 27.15% 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 * *. 27 Arrest Information There were 5 DUI arrests and 45 Plain Drunk arrest in this area during this same period as compared to 1,272 for the entire city. This RD amounts to 3.93% 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 12 Newport Beach (DUI /Drunk) 50 1,272 Total Arrests 105 3,595 California* National* 324,442 2,094,731 1,474,004 13,687,241 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Corrunission 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 70 319 Part 2 65 179 Crime Rate 3,632.89 10,701.32 Arrests (DUI /Drunk) 41 361 Total Arrests 127 635 Calls For Service 2,554 6,663 Number of active ABC licenses 6 ** 80 ** Per capita ratiol license for every 321* residents 38* 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 86,252. *These numbers are from the 2009 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 June 30, 2009 the Orange County average of active, retail ABC licenses was 1 license for every 542 residents. (5,589 licenses and a population of 3,026,786) ** *This number includes simple assaults which are important when considering the overall nature of the RD. If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit �:RN Attachment 9 Police Department Recommendation C- • PLIN City of (Newport Beach Police Department Memorandum April 28, 2011 TO: Makana Nova, Assistant Planner FROM: Detective Bryan Moore SUBJECT: Live Oak Newport, LLC, 111 Palm Street, Use Permit No. 2011- 012. At your request, the Police Department has reviewed the project application for Live Oak Newport, located at 111 Palm Street, Newport Beach. The applicant requests a conditional use permit to allow a restaurant with an outdoor patio, a second floor office area and an on -sale general (Type 47) alcoholic beverage license. The gross floor area of the establishment is 5,092 square feet, the interior net public area will be 2,200 square feet and the outdoor patio will be 606 square feet in area. The requested hours of operation are from 6 a.m. to 1 a.m., weekdays, and 6 a.m. to 2 a.m. weekends. A conditional use permit is also necessary to waive the 34 required off - street parking spaces because the subject property does not provide on -site parking. I have included a report prepared by Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this new location is within an area where the number of crimes is 27.15% higher than the average of all reporting districts in the City. This location is also within an RD that is over the Orange County per capita of ABC licenses. Applicant History Charles Dunn Real Estate Services is the real estate company with offices in Orange County. They are currently acting as a broker for the owner of the property at 111 Palm Street. Charles Dunn Real Estate Services has determined that restoring the location to its original use as a restaurant (w/ alcohol service) will enable them to sell the property, for the owner, at the highest possible value. The company's intent is to acquire a City Use Permit for the property (as restaurant use) to add to is marketability; however, there are no specific details with regard to the type of restaurant/operation which will occupy the property, 92 Lone Oak Newport UP No. 2011 -012 Police Activities and Calls for Service Data There was no notable police related activity at this location in the past year. Recommendations The Police Department has no objections to a proposed eating and drinking establishment at this location. We do, however, have concerns about the proposed late hours; particularly since the applicant is a broker and cannot provide any specific information /background as to the type of operation. The Police Department knows from experience that meal time hours generally end at 10 p.m., and that establishments open beyond that tend to focus more on the service of alcoholic beverages. We predict that another "bar" in this reporting district will only create more public safety concerns with regard to DUI's, intoxicated persons and general disturbances. This will be especially evident between the hours of 1 a.m. and 3 a.m., when patrons are leaving the establishment. These effects will only be compounded when combined with patrons leaving other nearby establishments such as: Cabo Cantina; Class of 47; Balboa Saloon and Shore House Cafe. Due to the fact that the proposed operation will offer alcoholic beverage service (for on -site consumption) in combination with food service and late hours, the applicant/operator will be subject an Operator's Permit issued by the Chief of Police. Signs and DisplaVs 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 6 a.m. to 1 a.m., weekdays, and 6 a.m. to 2 a.m., weekends. The Police Department recommends that the hours of operation be from 6 a.m. to 12 a.m., Sunday through Thursday, and 6 a.m, to 1 a.m., Friday and Saturday. An earlier closing time could help lessen the impact that a late night eating and drinking establishment will have on the neighborhood, as well as police resources after a.m. Additionally, due to the outdoor patio's proximity to nearby residents the Police Department would support any noise mitigating measures recommended by the Planning Department (e.g;, restricted hours, noise attenuating efforts, etc). 2 92 Lone Oak Newport UP No. 2011 -012 Security The Police Department recommends that security matters be addressed by way of the Operator's License. This is due to the fact that the applicant can only provide very general information about the operation. It should be noted that if the establishment operates past 11 p.m., the Police Department may require a comprehensive security plan and will issue appropriate conditions on the Operator's License. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving. and selling alcoholic beverages. Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the conditional use permit for the business: 1. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code, unless the Planning Commission first approves a Use Permit. 2. No alcoholic beverages shall be consumed on any property adjacent the licensed premises under the control of the licensee. 3. Food from the full service menu must be made available during any "happy hour" type of reduced price alcoholic beverage promotion. There shall be no reduced price alcoholic beverage promotion after 9 p.m. 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 3 93 Lone Oak Newport UP No. 2011 -012 gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 6. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 7. There shall be no live entertainment allowed on the premises. 8. There shall be no dancing allowed on the premises. 9. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 10: Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 11. Strict adherence to maximum occupancy limits is required. Alcoholic Beverage Control License Upon approval of the CUP, the ABC license will be conditioned as necessary to maintain the health, safety and welfare of the Community. If you have any questions, please contact me at (949) 644 -3725. Detective Bryan Moore ABC LiaisonNice /Intelligence Craig Fox, Captain Detective Division Commander 4 94 CRY ou nci l F t b itr"fi 1 (QI Zoning Code Section 20.40.060 (Parking Requirements for Food Service Uses) 95 5o 20.40 Off - Street 20.40.060 — Parking Requirements for Food Service Uses A. Establishment of parking requirement. The applicable review authority shall establish the off- street parking requirement for food service uses within a range of one space for each 30 to 50 square feel of net public area based upon the following considerations: 1. The physical design characteristics: a. The gross floor area of the building or tenant space; d. The number of tables or seats and their arrangement; e. Other areas that should logically be excluded from the determination of net public area; f. The parking lot design, including the use of small car spaces, tandem and valet parking and loading areas; g. Availability of guest dock space for boats; and h. Extent of outdoor dining. 2. Operational characteristics: a. The amount of floor area devoted to live entertainment or dancing; b. The amount of floor area devoted to the sale of alcoholic beverages; C. The presence of pool tables, big screen televisions or other attractions; d. The hours of operation; and e. The expected turn over rate. 3. Location of the establishment: a. In relation to other uses and the waterfront; b. Availability of off -site parking nearby; G. Amount of walk -in trade; and d. Parking problems in the area at times of peak demand B. Conditions of approval. If during the review of the application, the review authority uses any of the preceding considerations as a basis for establishing the parking requirement, the substance of the considerations shall become conditions of the permit application approval and a change to any of the conditions will require an amendment to the permit application, which may be amended to establish parking requirements within the range as noted above. '. Newport Beach Zoning Code, Title 20 October 26, 2010 97 W City Council Attachment II Parking Management Program IN 100 Charlos Dunn y - Real Estate Services, Inc. 800 W. Sixth Street, 6' Floor Los Angeles, CA 90017 Tel: (213) 683.0500 Fax: (213) 683 -1551 rnmv.chadesdunn.com May 25, 2011 l2LCBIlJBD BY PLANNING DF,'PART,ti1f5N -r JUN CC 7.01i CITY OP NEWPORT SEA,t:t-1 Parking Management Plan for Conditional Use Pernut No. UP2011 -012 for a Restaurant and Full Bar at 111 Palm St, Newport Beach Parking Management Flan Property Information Location: The property is located at 111 Paint St at the southwest corner of Balboa Blvd and Palm St in the City of Newport Beach. The property is located in the souther section of the Newport Beach peninsula. The property is mainly one -story with a small office located on the upper floor. The property was originally built as a restaurant in 1985 and called "Bubbles ". In recent years, the property was converted to an office/workshop. h1 September 2010, the current Property Owner acquired the property. Site Description: The property is flat and consists of approximately 5,504sf. The parcel is 58.59 feet wide by 95 feet long. There is a 10 foot wide city alleyway in the rear. The property is located in the southern section of the peninsula and within a few hundred feel of the beach, Fun Zone, marina and multiple public parking lots. On the property there is a 1.5 story cotnrnercial building consisting of approximately 5,427sf. The lower floor is approximately 4,554sf and is a former restaurant space with major restaurnut infrastuct-ues in place. The upper floor is an office /storage area with a deck. The upper floor is approximately 873sf. The floor area ratio of the building is approxirately 98 %. The building/lot coverage ratio is approximately 83 %. There is minimal landscaping on the property other than a 2 foot by 15 foot wine water fountain on the rear of the building. Paving for the property consists nleidy of the patio area (606sf). Total paving area as a percentage of the lot area is approximately 11 %. There is minimal paving on the front and rear of the building to transition between the sidewalks and the alleyway into the building. Due to site constraints, there is no on -site parking provided. Land Use The property was originally built as a restaurant with a full service bar in 1985. Over the years, the property has been converted to various uses such as offices, art gallery and a jewelry workshop. 'the last use at the property was as a jewery workshop. The property has been vacant since August 2010. A CUP has been filed to convert the property back to a restaurant use with a full bar service, Neiehborhood Character The property is located at the southern end of the peninsula in a highly diverse area with different land uses next to each other. The neighborhood is predominantly multi - family. '171e land uses in the area 101 includes conn»ercial (office, retail and restaurant/bars), public and private recreational amenities (beach, pier, parks, bike trails and marina), public parking lots and amusement park (Fun Zone). To the north of the property is a liquor store. On the east side of the property across from Palm St is a restaurant/gift shop. A mulli- family residential building is located to the south across from the alley way. A commercial building is located on the west side of the property. Located within 200 feet of the property are multiple city public parking lots with a capacity of approximately 690 parking stalls. Located in the surrounding area and within walling distance of the property are multiple restaurants and bars that service the area. Aerial Map of the SuNect Property and Neighborhood Restaurant Operations Business Plan: The business plan for the property is to operate a full- service sit -down restaurant that caters to both the local residents and visitors to the many attractions in the peninsula in order to create a viable business. With its proximity to the Fun Zone, beach, pier and marina, the property is ideally suited to being a restaurant again. Another benefit of approving the property as a restaurant is that the property was previously used as a result and has most of the restaurant infrastructure in place. Minimal improvements are required to convert the space back to a full- service restaurant. The property owner anticipates minor cosmetic improvements to the property. 102 Operations: Because of the location of the restaurant, the owner plants to operate the restaurant from 6:00 am to 1:00 am oil Friday and Saturday (weekends) and 6:00 ann to 12:00 ant from Sunday through Thursdays (weekdays) for indoor dining room. The ownership understands the concerns of the potential noise impact to the neighbors caused by patrons in the patio area. As a result, the owner would like to operate the patio on the weekdays and weekends until 10:00 pm and 11:00 pra respectively. The owner plans to apply for a Type 47 (On Sale General, Eating Place) alcoholic license from the Department of Beverage Control (ABC). Alcoholic beverages will be served under the guidelines provided by the City of Newport. The restaurant has the required restroom capacity for a Type 47 license. The full- service bar has been requested in order to complement (he during experience at the restaurant. The restaurant will be operated as a full service restaurant with a full bar service in order to cater to a more mature clientele. Lt addition to dine -bi service, the owner plans to provide delivery, to go and catering to help alleviate any potential traffic impact caused by the restaurant. The additional dining service methods will expand the dining options for the local residents and visitors to the area. Parking Management Plan Request: With a requirement to provide 32 parking spaces on a site that is approximately 5,504sf, it is impossible to provide the required parking on-site. In order to nice( the parking requirement, the ownership requests the City to allow the ownership to purchase 32 parking vouchers atuunally in lieu of requiring the owners to provide the parking oh -site, The City has multiple public parking lots within walking distance of the property. Diagonally across the street from the property is a newly built city owned public parking lot. The parking lots are currently under utilized except for a few months during the sunnier. By granting the property the 32 parking vouchers in lieu of the required parking, the property will help the City utilize more of the existing public parking lots and generate a steady stream of revenue for the City. Parking Mitigation Measures: In order to properly address the parking requirement, the owner plans to implement multiple initiatives to mitigate tilt parking requirement. The main initiative of the parking management plan will be obtaining the City's waiver on the parking requirement through the purchase of annual parking passes to park at city owned public lots. Another initiative of the parking management plain is to reduce the potential parking created by the restaurant by modifying how the restaurant is operated. As part of the entitlement process, the restaurant is required to provide 32 parking stalls to meet the parking requirement for the proposed use, In order to comply with the required parking requirement for a full- service sit down restaurant, the owner plans to request a waiver for the parking requirement through the purchase of annual parking passes. In the following sections, the owner will outline the unique characteristics of the area and the amenities available along the peninsula that will show how rite parking requirement for the proposed restaurant is less than a typical restaurant in other parts of the city. The parking management plan will also detail how the proposed mitigation measures will be more than sufficient to addressing the parking requirement. A-mille.Municipal Public Parking Facilities: Within 300 feel of the property, the City currently has multiple lots in the surrounding neighborhood that are currently tinder utilized about 9 months out of the year. The lots are only utilized to its capacity 103 during the summer months and usually during the weekends from 10:00 am to 5:00 pill. The existuig public parking lots have ample capacity to provide parking for patrons who decide to drive to the restaurant. The Balboa Pier parking lots, winch are approximately 120 feet away, have the capacity to provide 650 parking spaces. Across the street from the restaurant, the City has a new parking lot that has the capacity to provide approximately 40 parking spaces. With approximately 690 parking stalls within 300 feet of the restaurant, the city's existing parking lots have ample capacity to provide the required Parking without affecting the overall service level of the parking lots to the general public. As can be seen on nndtiple visits to the site, the public parking lots are empty throughout the day. Please see below for an aerial of the properly and the proximity of the public parking lots. As could be seen from the photograph, the parking lot is less than 5 %n utilized on the day the pictmre was taken. Penk Parking Demand of the Restaurant: The business hours of the restaurant will have minimal impact oil the utilization level of the parking lots. The public parking lots are used mainly during the day between 10:00 am and 5:00 pm when visitors collie to (lie area to enjoy the various coastal activities. Between the horns of 10 :00 am and 5:00 pm the parking requirement for the restaurant is at its lowest point. 'between those hours, the restaurant anticipates serving approximately 60 patrons. The restaurant anticipates that 50 %n of the patrons will walk or bike to the restaurant and 50% of the patrons (30 patrons) will drive to the restaurant. Assuming 1.5 patrons per vehicle and each vehicle is parked for 2 hours, we project the peak parking lot usage will he approximately 15.0 parking stalls which is substantially less than the required 32 parking stalls currently required because customers will come to the restaurant at various hours hi the period. 104 During the morning and evening hours when the parking requirements for the restaurant will be. higher, the public parking lot will be under utilized as the Dumber of visitors dramatically decreases. Usutg similar assumptions, the peak projected number of stalls used on city public lots at any one time is approximately 9.75, 20.25 and 15.0 for breakfast, dinner and late night respectively. Please see the schedule below. Overall, the peak parking requirements of the restaurant are opposite of the peak parking times for the public parking lots. Projected Public Parkins: Stalls Occupied at Any One Hour by Patrons of the Restaurant Breakfast Patrons Time Drlving(Nof StallsReq. Peak Stalls 3.25 3.25 Patrons (Assume 1.5 Used at Any 3.25 3.25 Driving to Patrons per Hour of the 3.25 6.75 3.25VehIcles Restaurant) Stall) Period (Stall 3.25 Total 3.25 9.75 9.75 Req. /It of Hrs In Period) Breakfast 40 6am -10am 20 13 9.8 Lunch 60 11am -3pm 30 20 15.0 nner 70 5pm -9prn 40 27 20.3 te Night k 30 9pm- 12/1am 30 20 15.0 ll Total 200 120 80 Breakfast 6.7 am 7 -8 ain 8 -9 am 9-10 am 3.25 Vehicles 3.25 3.25 3.25 Vehicles 3.25 3.25 3.25 Vehicles 3.25 3.25 6.75 3.25VehIcles 3.25 3.25 Total 3.25 9.75 9.75 3.25 Lunch 11.12 P m 12.1 pin 1 -2pm 2-3 pm SVehlcles 5 5 SVehlcles 5 5 5Vehicles 5 5 6.75 5 Vehicles 5 5 Total 5 15 15 5 Dinner 5-6 Pro 6-7 pm 7 -8 pm 8-9 pin 6.75 Vehicles 6.75 6.75 6.75 Vehicles 6.75 6.75 6.75 Vehicles 5 6.75 6.75 6.75 Vehicles 6.75 6.75 Total 6.75 13.5 20.25 13.5 Late Night 9 -10 Pro 10.11 pin 11.12 am 12 -1 am 5Vehicles 5 5 5Vehicles 5 5 5Vehicles 5 5 5 Vehicles 5 5 Total 5 15 15 5 105 Proximity of Local Residents to tine Restaurant: The property is located in an intensely urban and developed section of Newport Beach. Due to the intense urbanization of the area and the close proximity of amenities, the percentage of residents biking or walking in lieu of driving is higher than it typical neighborhood in the city. Residents in the area have a very active and outdoor lifestyle. Residents in the area use other modes of transportation such as roller blad'ung, walking or biking to get around the peninsula. The majority of the patrons for the restaurant throughout the year will be local residents. As a result, the owner anticipates that (lie majority of the local residents will either walk or bike to the restaurant because the residents will view the restaurant as part of their current use of tine amenities in the surrounding area (beach, bike trails, marina, Fun Zone, etc). Restaurant Proximity to Coastal Amenities and the Reduction in Parking Requirements by Visitors: Due to its proximity to llne marina, beach, bike trails, parks and (lie Fun Zone, the vast majority of file visitors to the restaurant will walk or bike to the property after they have enjoyed the surrounding coastal amenities. As a result, the restaurant will not generate the amount of required parking as typically required for a similar restaurant in another part of the city. The proposed restaurant is a visitor serving commercial use that is designed to enhance the public opportunities for coastal recreation. The restaurant is designed as a complement to the other destination amenities that have traditionally drawn visitors to the area. Visitors come to the peninsula because they are attracted to tine many recreational activities available to them in the area such as Fun Zone, the beach, the bike trails and the marina. Once the visitors are in the area utilizing the existing recreation amenities, they will view the restaurant as a complimentary amenity to fill their doting needs. The visitors would have used the public parking lots with or without the existence of the restaurant. The patronage of the restaurant by the visitors and residents will not increase the parking requirements of the property because the residents /visitors would have used the public parking lots in order to use the coastal amenities in the area. By having a restaurant at the property, the traffic congestion in the area will be reduced because visitors and residents will not need to leave tine area to find a comparable dining establishment further up the peninsula. The restaurant may help reduce the current level of traffic in the area during the peak summer months because visitors and residents will stay in the neighborhood longer to enjoy the coastal amenities instead of leaving the area to dine. Parking iVlftigation Measures by Modifying the Restaurant's Operations: The owner plans to implement a delivery service to mitigate the parking and traffic impact of the restaurant to the local transportation infrastructure. A typical delivery trip will 'include multiple deliveries. The multiple deliveries will substantially reduce tile. traffic impact and parking requirement. The restaurant also plans to offer to -go or catering services to minimize the amount of time patron spend at the restaurant. Patrons who order to go will be using the parking lots for short durations and will not innpact the utilization level of the parking lot significantly. Catering services will also allow the restaurant to minimize the number patrons coming to the restaurant. Conclusion to Parking Management Plan In conclusion, the projected parking requirement for the proposed restaurant is substantially less than a comparable restaurant because of tine unique characteristics of the southern peninsula. Because of the proxunity of the restaurant to local residents and visitors to the coastal amenities, the majority of the customers (residents and visitors) will walk or bike to the restaurants. The restaurant will not increase the parking requirements among visitors because the visitors will view the restaurant as a complementary 100 amenity to the many destination coastal amenities that attracted them to the penunsuta. With multiple public parking lots having approximately 690 parking stalls that are under utilized the vast majority of the time throughout the year and a peak parki ig requirement of 15 parking stalls during the peak parking hours of 10:00 am to 5:00 pin, the parking generated by the restaurant is approximately 2010 of the parking capacity of the parking lots. Based on the mitigation measures in place to address the parking requirements, we hope the City will approve the purchase of annual parking pass in lieu of providing the required number of parking stalls. 207 City Council Attachment 12 Annual Parking Permit Information log 110 City of Newport Beach: About AmWal Parking Permits Page 1 ol'2 r. l fJJ9 !Flu e. _.�_`..0 d t5� 4: d _�'J.F. `� ' /�S-�'i. �GZN�.4A rr_ -•�.� a i^..el'l a.��'r .� ... -. � �. ABOUT ANNUAL PARKING PERMITS An Annual Parking Permit entitles a motor vehicle to occupy a SINGLE parking space in designated areas of the City of Newport Beach, without depositing coins in a BLUE parking meter post. • Permits are valid at metered spaces with BLUE parking meter posts. The map oil the reverse side of [his flyer illustrates the applicable parking area locations. • A permit is not valid on a motor vehicle that is 84 inches or more in width and more than 84 inches in height or nimre than 20 feet in length or without a windshield. • Some municipal parking spaces have a maximum length of M feet which must be observed. • Issuance of a permit does not allow violation of parking regulations. • Permits do not establish ally parking priority. Entry is prohibited when "LOT FULL" signs are posted at the Balboa Municipal Parking Lot and /or the Corona del Mm, Beach Parking lot. • Permits are not valid for overnight puking (defined as 3:00 a.m. to 6:oo a.m.), at the Balboa Municipal Parking Lot. Permits tare valid from January i to December 31, The Annual Permit fees arc as follows. If purchased during: January 1 through March 31: $too April it through June 30: $ 75 July i through September 30: $ 50 October 1 through December 3a: $ 25 • Persons 65 years of age or older may purchase one permit at half price. The following information must be presented in order to purchase the half price permit: n) Valid California Driver's License; 2) Proof of vehicle registrution; 3) Vehicle license plate number. • Permits may be purchased in pecan at Newport Beach City I lall between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday or via mail by forwarding a check or money order; (payable to the City of Newport Beach), the required vehicle and registration information, and a stamped, self- addressed envelope lo: Cashier, City of Ne%vpolt Beach, P.O. Box 1768, Newport Beach, CA 92658- 8915.'1'he City will not reissue permits which may be lost in the mail. Call (949) 644-3121 for additional information. • Permits must be PERMANENTLY affixed to the lower right (passenger) corner of the inside of the front windshield. Vehicles may be subject to citation if the permit Is not clearly visible or not permanently affixed. In order to affix the parking permit to the windshield: i) Fold permit in the middle and peel off the backing; 2) Place the permit in the laver right {passenger) corner of the inside windshield; and 3) Press firmly to affix the permit to the windshield. • The City of Newport Beach does not assume responsibility for lost nor stolen parking permits. • Permits may he re- issued if a vehicle is sold, transferred arif the windshield is replaced. A $1o.00 permit replacement fee is required along with, proof of purchase of the original permit, proof of sale or transfer of the vehicle, or proof of w ndshield replacement. The original permit must also be returned. httn: /Avww.nenvnortbeachra.eov /index . asos ?uaee = l99 06/2242 1 Ull)i OI INONVI)OH MaCh : AOOIY( Annual laal'king I>el'111113 t� • :) 21,t tolcJ fwtltr Radun :`•M..Faq M1:, .tl aa", 3 .,, ufldak mth st a) 0 >bw V.m LUIn Lot hJ s)c.,tn.rt VI It'. Lol l,rtae•le') 4) Carona rltl It'. Lab ))faruna d.la £tala Oexh 0) to Nona>A.,L lr+xA I1 oIn St 10 19th `t) 1) 14 tot 1I) LfaFadden'dt l ( Ilan Lot (andrc 10') 111 YebF %rt M, mo. QGIh A to JOIN St) 12) fle,.GVt Vmr 1!in 1 .1 I l)vlplt rlea Lot 151 Mh St Lot t tot I S) lClh ,l Lot L.U. rt6+ I '1 Gi rage /OI L h( IP://) vw, v . Ile wuurtbcac lie a.kOV /iadcx.asux' ?Fake =,199 00/2242 2 \4111) (11(put ,•l.. Ii ,. rl„ •rl b,l Y� ,1 I \.,1• i1) � • i�.�, 1111 \,ly, r ,, ♦ r 1 , I'uge I of I r ,ry411 ,•l.. Ii ,. rl„ •rl b,l Y� ,1 I \.,1• i1) � • i�.�, 1111 \,ly, r ,, ♦ r 1 , I'uge I of I hltn / /www6.cih .newnort- bench. ca. us/ scrvlcl/ um). esri. csriman.Esrinun) ?ServiceNmm —n... 06/22/ZO 13 i• 1: hltn / /www6.cih .newnort- bench. ca. us/ scrvlcl/ um). esri. csriman.Esrinun) ?ServiceNmm —n... 06/22/ZO 13 114 City CouncH Attachment 13 Applicant's Project Description 1i5 110 Charles Dunn Real Estate Services, Inc.. _ 600 M Sixth Street, a Floor tDa Angeles, CA 90017 Tel: (213) 0630500 Fax: (213) 6631551 vnnachadesdunn.com May 25, 2011 To: City of Newport Beach — Planning Department (c /o: Makana Nova) From: Nathan Ung RECEIVED BY PLANNING DEPARTMENT JUN 0 6 2011 ary. of NEWPORT BEACH Re: Amendment to Conditional Use Permit No. UP2011 -012 for a Restaurant and Full Bar at 111 Palm St, Newport Beach Dear City of Newport Beach — Planning Department, I am writing as applicant and on behalf of Lor1e Oak Newport, LLC ( "Property Owner ") to provide an updated application in response to the Planoing Department's letter dated April 18, 2011. Property Information Location: The property is located at 111 Palm St at the southwest corner of Balboa Blvd and Palm St in the City of Newport Beach. The property is located in the southern section of the Newport Beach peninsula. The properly is mainly one -story with at small office located on (lie upper floor. The property was originally built as a restaurant in 1985 and called "Bubbles ". In recent years, the property was converted to an office/workshop. In September 2010, the cruirent Property Owner acquired the property, Site Description: The property is flat and consists of approximately 5,504sf. The parcel is 58.59 feet wide by 95 feet long. There is a 10 foot wide city alleyway in the rear. The property is located in the southern section of the penhlsula and within a few hundred feet of the beach, Fun Zone, marina and multiple public parking lots. On the property there is a 1.5 story commercial building cousisting of approximately 5,427sf. The lower floor is approximately 4,554sf and is a former restaurant space with major restaurant infrasUvchrres h) place, The upper floor is an office /storage area with a deck. The upper floor is approximately 873sf. The floor area ratio of die building is approximately 98 %. The building/lot coverage ratio is approximately 83 %. There is minimal landscaping on the property other than a 2 foot by 15 foot wide water fountain on the rear of the building. Paving for the property consists nlairlly of the patio area (606sf). Total paving area as a percentage of the lot area is approximately 11 %. There is minimal paving on the front and rear of the building to transition between the sidewalks and the alleyway into the building. Due to site constraints, there is no on -site parking provided. -27 Land Use: The property was originally built as a restaurant with a full service bar in 1985. Over the years, the property.has been converted to various uses such as offices, art gallery and a jewelry workshop. The last use at the property was as a jewelry workshop. The property has been vacant since August 2010. A CUP has been filed to convert the property back to to restaurant use with a full bar service. Neighborhood Character: The property is located at the southern end of the peninsula in a highly diverse area with different land uses next to each other. The neighborhood is predominantly multi - family. 'Elie land uses in the area includes commercial (office, retail and restaurant/bars), public and private recreational amenities (beach, pier, parks, bile trails and marina), public parking lots an(] amusement park (Fart Zone). To the north of the property is a liquor store. On the east side of the property across from Pahn St is a restaurant/gift shop. A multi - family residential building is located to the south across from the alley way. A conmiercial building is located on the west side of the property. Located within 200 feet of the property are multiple city public parking lots with it capacity of approximately 690 parking stalls. Located in the surroundbng area and within walking distance of the property are multiple restaurants and bars that service the area. Aerial Map of the Subiect Property and Neighborhood 1 -Q Request The Property Owner would like to request a conditional use permit (CUP) from the City of Newport to convert the property back to a restaurant with full bar service. The restaurant will have indoor and patio duffing. The proposed hours for the interior dining will be from 6:00 ant to 1:00 am on Friday and Saturday and 6:00 am to 12:00 am from Sunday through Thursday. The proposed hours for the patio will be from 6:00 am to 11:00 pill on Friday and Saturday and 6:00 am to 10:00 pill from Sunday through Thursday. Because of the small site and inability to provide on -site parking, we would also like to request a waiver to the parking requirements. With existing public parking Lots located close by, we would like to request the purchase of annual parking passes to use the city's parking lots in lieu of provid ng the required parking stalls. A parking management plan has been provided as part of the submittal package to justify the request for a waiver to the parking requirements, The property is anticipated to have a capacity for approximately 111 occupants (72 indoor table, 11 bar and 28 patio table). The number of employees has not been determined yet. But based on the size of the restaurant, we anticipate approximately 6 -8 employees in a shift. Sumrmary of Conditional Use Permit Request I. Operate a restaurant with full bier service. 2. Hours of operations from 6:00 am to 1:00 am on Friday and Saturday and 6:00 ani to 12:00 ann from Sunday througli Thursday. 3. Tine patio area will close at 11:00 pin on Friday and Saturday and 10:00 pin From Sunday through Thursday. 4. Waiver of the on -site parking requirements by purchasing annual parking passes to use the City's public parking lots in lieu. Justification After speaking with multiple brokers, the highest and best use for the property is to convert the property back to being a restaurant. It is the intent of the Property Owners to create a viable business for the property that will be a benefit to all stakeholders and generate additional tax revenue for the city. Because of its walking proximity to the beach, parks, biking trails, Fun Zone, marina and its small building area, a restaurant at tile. property will be complimentary to the surrounding neighborhood. Previous property owners have tried other businesses such as offices and workshops but they have been unsuccessful because of the location. The l.inuted parking and location away from commercial centers are detriments in attracting quality office tenants. With a restaurant use, the property will be more consistent with the surrounding neighborhood and the needs of the location. Currently, there are very few hill service restaurants serving the local residents and visitors at the southern end of the peninsula and surrounding island conununities like Lido and Balboa Islands. With a hill service restaurant, the property will address the needs of the local residents and help alleviate some of the traffic caused by residents having to drive out of the peninsula for their dining needs. The restaurant will serve local residents throughout the year and visitors who travel to the peninsula to enjoy the inany coastal activities along the peninsula. The restaurant anticipates that the traffic generated by the restaurant will be nvninal because the restaurant will be a visitor serving commercial use that will enhance the public opportunities for coastal recreation. Most of the customers will be local residents who will be walking to the restaurant or visitors coming to the peninsula to visit the many attractions in the area (Full Zone, beach and marina). The visitors conning to the area will see the restaurant as an Willanccnnenl of their experience on the peninsula. The restaurant will not increase the utilization of the parking lot by the visitors because the visitors will be utilizing multiple amenities in the area after they park their car, The restaurant will complement the other amenities. The restaurant will help the city generate additional revenue by capturing the spending money of residents and visitors within the city. In order to have a viable restaurant business and cater to a higher quality of clientele, a full bar is also required. -:L9 With the budding occupying abnost the entire property, it is physically impossible to provide the required on -site parking to meet the restaurant parking requirement for the proposed restaurant size. There are multiple public parking lots within walking distances that have the capacity to provide the required parking for the property. On multiple visits to the property, the public parking lots were mostly empty. In speaking with local residents anti business owners, the city public parking lots are lull only during the sutwuer months. The restaurant will help the City generate additional parking revenue by increasing the utilization of the parking lots during the off season. The City has a history of allowing businesses to acquire parking passes in lieu of providing on -site parking. The request by the owner is consistent with the City's actions. Business Plan The business plan for the property is to operate a full- service sit -down restaurant that caters to both the local residents and visitors to the many attractions in the peninsula in order to create a viable business. With its proximity to the Pun Zone, [)each and marina, the property is ideally suited to being restaurant again. Another benefit of approving the property as a restaurant is that the property was previously used as a result and has most of the restaurant infrastructure in place. Irnproventents Minimal improvements arc requited to convert the space back to a full- service restaurant. The existing grease interceptor will be reused for service the restaurant. The existing patio and upper and lower dining areas will be reused as dining areas for patrons. The dining areas are in excellent condition and will only require finish work, painting and cleaning. The existing restroonns will be modified as required to meet the current ADA and building codes. Each men and women restroom has multiple stalls to comply with the requirements of having an alcoholic license for the restaurant. A new handicap ramp will be installed to provide handicap access between the upper and lower dining areas. The existing bar that is currently enclosed will be refurbished to its original condition and used as a bar for the entire restaurant again. In the rear of the building, the main storage area (Service area 1) will be, converted to a full service kitchen. Service area 2 will be used as a pantry or dry storage for the restaurant. Trash for the property will be located within the building behind the existing roll-up doors in the rear. The trash will be. moved to the alley way on trash pick up days. The wash out area will be enclosed behind the roil up doors to minimize the impact of the restaurant to the surrounding neighbors. The wash out will be connected to the existing sewer system as required by building codes when the kitchen improvements are installed. The upper floor of the property will be used as tw office and storage for dry materials such as linens and restaurant supplies. No improvements are planned for (lie upper floor. The exterior fagade will remain "as -is" along Palm St and Balboa Blvd. No improvements are anticipated other than repair and paint as required. The owners have not chosen a business naune for the property. hi the alleyway, the existing water fountain feature will be removed to increase the width of the alleyway. Operations Because of the location of the restaurant, lie owner plans to operate the restaurant from 6:00 am to 1:00 am on Friday and Saturday (weekends) and 6:00 am to 12:00 am from Sunday through Thursdays (weekdays) for. indoor dining room. The ownership understands the concerns of the potential noise impact to the neighbors caused by patrons in the patio area. As a result, the owner would like to operate the patio on the weekdays and weekends until 10:00 pm and 11:00 pm respectively. The owner plans to apply for a Type 47 (On Sale General, Eating Place) alcoholic license front the. Department of Beverage Control (ABC). Alcoholic beverages will be served under the guidelines provided by the City of Newport. The restaurant has the required restroom capacity for it Type 47 120 license. The full - service bar has been requested in order to complement the dining experience at the restaurant. The restaurant will be operate(] as a fill service restaurant with a full bar service in order to cater to a more mature clientele. In addition to dine -in service, the owner plans to provide delivery, to go and catering to help alleviate the traffic impact caused by the restaurant. The additional dining options will expand (lie dinhig options for the local residents and visitors to the area. Parldng Because of the site's size (5,504s1), the property c:un not physically provide the 32 required parUig spaces oil the property. To meet the City's requirement for providing the 32 required parking spaces, the ownership would like to request the City to provide a waiver and provide a conditional use permit to obtain 32 parking spaces through the pwchase of annual parking passes to park in the City's many public parking lots in the surrounding area. In conjunction with the amoral parking passes, the owner rvill Lnplement parking management plan. Please see the attached Parking Management Plan. Contact Information If you should have any questions, please feel free to contact me at any time. I look forward to hearing from you. Please find below my contact htformation, Nathan Ung (Owner's representative) Charles Dunn Real Estate Services, Inc. 800 W 6" St, 6" Fir Los Angeles, CA 91770 Tel: 213- 270 -6221 Fax: 213-607-7821 Unlai]: nung@cliirlesdunn.com Very lady yours, L—, 7 Nathan Ung Owner's Representative for Loue . � Newport, LLC 121 122 R KIM (11 * � I I".l(- {lloll-wI 1�-, Site Photos 123 124 pi... W Ire "" I F a -. r �t' 1 !I i « i .. 1 i "zl �P Mme. i ;1 I� 11 120 A, ;r��ir' _., .. i li �: �• . •2 .. ,�,.,; :. �,,� d� "��_ i. i .� j �r+ ly �. M� �� 128 City Council Attachment 15 Public Comment Letters 129 ISO Nova, Makana From: ihurry@jhurry.com Sent: Saturday, June 25, 2011 6:20 PM To: Nova, Makana Subject: Project PA2011 -062 Activity No UP2011.012 SCAP III LLC which is the owner of 514 E oceanfront and 101 to 107 Palm street would like to make motion to deny such request for Project PA201 1 -062 Activity No UP2011 -012 at I I l Palm.There are already loo many issue here with load noise and drunks all over to allow another drinking establislunenl. Second to limited to parking which we do not gel extended those courtesies. Third Such a use would he a serious problem for our residential tenants which reside behind the building and would have a serious negative impact on Elie value of our residential property. Plcase be advised if voted to be allowed we have to sue the city and owner of building. The city can not ever) enforce the current provisions with parking in the parking lot. There would not be able to enforce the loud noise and dis(urbance from such an establishment. Sincerely, ✓ llllJ'1.)� Il'iC'1171T81' SCill' 111 LLC 002 -b'3' 1-7302 RECEIVED 13Y PLANNING DEPARTMENT JUN 2 7 2011 CITY Or NEWPORT BEACH 131 Michael Toerge Secretary, Planning Commission City of Newport Beach Dear bAr. Toerge; ,?,ECeiVeo er COMMUNITY JUL 0 5 2011 C+ DEVELOPMENT �y t,1* NE4VPW $0, We are residents of the Rendezvous Condominiums located at 600 E. Oceanfront, Newport Beach. We are writing this letter to oppose the application for a conditional use permit to allow an eating and drinking estabbstunent with late hours at 111 Palm Street. There currently are eight restaurant/bars within a 4 block radius of 111 Palm. The late aught loud noise, profanity, and general disturbance created by patrons of these establishments is offensive. Many nights when the Class of 47 or Cabo Cantina last calls, we are subjected to customers leaving the bar /restaurants inebriated, with no regard for the residents trying to sleep. Often, they will holler profanity, cat call, urinate on bushes surrounding our condo, and create disturbances for all. This usually goes on until 2:30 -3:00 a.m. It disrupts our ability to sleep and is a major concern. I'm sure the Newport Beach Police Department receives many calls in this regard. We already are subjected to all of this as well as the Cigar Lounge at 107 Palm which routinely stays open until 2 or 3 a.m. with. their doors wide open with loud patrons and music. We are certainly pro business, but to allow yet another Bar/Restaurant in this area would be simply more of the same. Please take the time to come visit this area late at night and I am certain you will agree that enough is enough! Thank you for your consideration George and JQathy Milutino 600 E. Oceanfront 3H Newport Beach, Ca. 92661 132 Seth A. Siegel 2$25 Ocean Boulevard Corona Del Mar, CA. 949.636.6233 September 21, 2011 The Honorable Michael Henn Mayor, City of Newport Beach 33oo Newport Blvd. Newport Beach, CA. 92663 RE: Restaurant Conditional Use Permit (PA2oii -o62) iii Palm Street Conditional Use Permit No. UP2011 -012 City Council Hearing set for October 25, 2011 Dear Mayor Henn and City Council Members: aGEWED ey COMMUNITY OCT 14 2011 0. DEVELOPMENT OF NeWPOR0 40 I serve as Chairman of the Board for the Balboa Performing Arts Theater Foundation, however I am writing as an individual in strong support for the Conditional Use Permit that was approved by the Planning Commission. This CUP would allow Bubbles Restaurant (111 Palm St.) to maintain their permitted use as a restaurant with alcohol service and that it is not conditioned for a bar or lounge. Most importantly, I believe this site is a lcey cornerstone in the revitalization of the Balboa Village area and is the kind of use necessary to support both the Balboa'Ibeater and the Nautical Museum. I appreciate the Council's efforts in making the final decision and strongly support the approval of this project. /---, SetHA. Siege`1- 2525 Ocean Blvd. Corona Del Mar, CA. Cc: Councilmember Steven Rosanslcy Councilmember Rush Hill Councilmember Leslie Daigle Councilmember Edward Selich Councilmember Nancy Gardner Councilmember Keith Curry (ILirandit m amol.com) (chill n1oc��orLUeacll�a.go (Ietil cidcle(� ita01.V o m) k1selic 0vroadlvnncr_cgm (kdi,chlcrn� a'arrl.cnm) t!pLluxonl) J32A A p p A p A Balboa Village Business Improvement District City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: PA2011 -062 (Bubbles Restaurant at 111 Palm Street) Dear Mayor ]lent and Members of the City Council: V"F,GEIVED 8Y COMMUNITY OCT 14 2011 (}� DEVELOPMENT 4.t OP NEWPOR0 9� On behalf of the members of (lie Balboa Village Business Improvement District (BID), I wish to express our support for the conditional use permit to permit the reopening of the properly at I 1 I Palm as a restaurant. We understand it was approved by the Planning Commission and was appealed to the Council. As a BID, we recognize the importance of that corner to the revitalization of Balboa Village and believe that the conditions of approval related to the horns of operation and patio dining insure that this will be operated consistent with the mixed Use character and zoning of this area. With regard to parking, it has long been the case that the site operated using the nearby municipal parking. We recognize the reliance of numerous in- line businesses on the nnmicipal parking and we find that to be appropriate in this case as well. We acknowledge that this building has been vacant too long and we welcome a new restaurant to the Village. We look Forward to the renovation of the building and its contribution to the vitality of Balboa Village. We urge you to uphold the decision of the Planning Commission and grant this use permit. Sincerely, l President U/ Cc: Makana Nova, Maiming Department IS Z- b City Council Attachment 16 Project plans 133 i34 E -NTG BUILDING XTSI f < Site flan ., w. mor. cr i �o M. Fll'\l-M STRI-0 >1 13 f. PLAN'UNC; DL JUN a 6 C'TYOI:N[zWf' r:I0i'F.!M A irl :,iL\: Al I Z,,T-,MY(n',NLV: 1 XCWl'lAr. !1411 --LAN VIC-N:S U.'S A CA I`RV.) 1 !NIA 7 NATPA N I'D!:: 01:V, 1,271 iv INC. Af,'?iv SI I L 3. m - 1a'wc I ; FL,K'R - A". r-, I I P." : FLCIOR -873 1-1 VI-I VN A%U, :L � - lSc; I 1711.1ri) 1 11:T SLA I INC; P.,", D! N IN: K'.VII KI MISLE. 11 B,%K I ZzI IABIA, 'VIAI. , 11: N 1 17F THL U rTINC SVUCI II R r. N N, IN L I IN -, lKiol N:; 1 . : 1, 1 I:L*.Qui F, %) :;F.T3.,',CK AVJX� CN f,ro ri-. , I iN. Em, ix N Eo P,.N rIA1. PH61TI-M AND 711 r. REQUI NED 10 F, X)T8R;l 1, A I.I.r.Y MCACK �,iv Aj 'A.M."', K I I;r.A(-'] I w $caeinr Plan Lowcr floor Plan >� the nxcn::c<rur:c ccni, U aMi -, A.i.n Vlv- (YH? rloor Plin P_ris6n, 6uild:ng III P,IM Ncvpolt Brach A2 omwcxmm rnnx. nx.x new.- .in Pin p _ w $caeinr Plan Lowcr floor Plan >� the nxcn::c<rur:c ccni, U aMi -, A.i.n Vlv- (YH? rloor Plin P_ris6n, 6uild:ng III P,IM Ncvpolt Brach A2 STATE LICENSED ROBERT W. DUFF COSTA MESA, CALIF LICENSE NO. P7 -76554 PRIVATE INVESTIGATOR RECEIVED 92627 948-6314743 October 17, 2011 7011 OCT 21 AM 10: 33 / )1CII COLERK City Council Members of Newport Beach V Qm � , I'll B,-- Q Office of City Clerk ! N 3300 Newport Boulevard "RECEIVED AFTER AGENDA Newport Beach, CA 92658 -8915 PRINTED. ' Alcoholic Beverage Control Department Telephone: 714 -558 -4101 Attn:— Assigned ABC— Officer (Newport- Beach) - - - 28 Civic Center Plaza, Room #369 Santa Ana, CA 92701 Chief of Police City of Newport Beach 870 Santa Barbara Drive Newport Beach, CA 92660 Re: Project File No.: PA2011 -062 Zone: MU -V (Mixed Use Vertical) Location: 111 Palm Street (Balboa) Activity No. WP 2011 -012 General Plan: MU -V Applicant: Lone Oak Newport, LLC (Formerly known as Bubbles Restaurant) Notice of Public Hearing on a Restaurant Conditional Use Permit On Tuesday, October 15, 2011 at 7:00 p.m. — City Council of Newport Beach (Copy Attached) Dear Honorable Council Members, Chief of Police and ABC Assigned Officer: The above proposed drinking establishment with late hours, outdoor dining patio is located less than 60 feet from 24 single family, residential condominiums! This bar and restaurant should not be approved, unless the following conditions exist: 1. No door would ever be left open to any area between the inside of the building and to or from any outside entrance or exit to or from the entrance or exit from the building. 2. No doors or windows would ever be left open so that any music of any kind or noise from the bar would be heard outside the restaurant building. City Council Members Alcoholic Beverage Control Department Chief of Police October 17, 2011 Page Two 3. No entrance or exit (except fire) would be allowed from the proposed drinking establishment to Palm Street or Balboa Boulevard and no tables, chairs, dining, drinking, — smoking, food- service - would -be- allowed on-any-ofthe- public- sidewalks-.- 4. Due to the fact that the building does not have any parking whatsoever, all taxi auto stops and foot traffic would enter and leave the building, through the front door which is facing Balboa Boulevard. (This is to eliminate a noise and traffic factor on Palm Street.) S. Any patio or food service would be located on the north and west side of the building and again no entry or occupancy would be from or on the public sidewalk. (Doors would stay closed.) 6. The State of California Alcoholic Beverage License should be restricted so that no alcohol would be served after 11:00 p.m. on all seven nights of the week. This would keep the premises as a dinner house type restaurant and not just another wild drinking bar in Balboa. The purpose of this written correspondence is to give the City Police Department and ABD full knowledge that this area of Balboa has a large number of residential homes and apartments very close by. Maybe the proposed building should be converted to real estate, attorney businesses or legal offices which are open mostly in daylight hours, without alcohol being served into the night. There are over eight (8) businesses selling alcohol within two (2) blocks of the proposed site now. Respectful Robert Duff, Owner (Resi8entia( Home) P.O. Box 10147 Costa Mesa, CA 92627 Telephone: 949 - 631 -4743 4Yin, to- pt-i) Project File # PA2011 -062 Activity # UP2011 -012 Concerns & Objections to application for "Restaurant Conditional Use Permit" at 111 Palm Street Public Hearing October 25, 2011 Existing layout 1) 1 am the owner of 511 E Balboa Blvd (next door [West] to the subject property) which is a mixed use building [Office occupancy downstairs, residential upstairs] 2) 1 have a high- profile financial management company occupying roughly the front half of the lower floor as their main office of 6 locations throughout the USA & Mexico, my real estate rental management company occupies the remainder of the lower floor 3) The upper floor is entirely residential 4) The balcony in the front of the upper floor directly overlooks the subject property outdoor patio and the large roof -top deck in the back half of the upper floor is directly adjacent to that patio Objections 1) The stated "application to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On- Sale General) ABC license.." translates into a "bar" 2) Google shows 5 bars within 500 feet of our property in addition to the Cigar Shop on Palm Street which in addition to selling cigars, operates a lounge with late hours & music (WITH NO USE PERMIT!) 3) 1 have lost many tenants since the Cigar Shop was allowed to operate as a lounge due to the noise & smoke that emanate from that premise 4) An eating establishment would be welcomed at the subject property, but with late hours & drinking allowed outdoors, music usually is present and this would negatively impact our upstairs tenants as they expect reasonable living conditions. The California Association of Realtors standard lease states "Tenants shall peacefully and quietly have, hold and enjoy the Premises for the agreed term ". 5) For the same reasons, this will severely harm the ability to conduct our businesses next door as we often work late into the night Sincerely, James F Gucciardo . � .... r .. .1 �: 1'-_ _ 1. • '. I _ 1� .. .. ... .. . .f'. 1. .. 1 9`. .... ., v.. .. , . 1. `. , . ._. . ' , . 'AM: .. .. _r .. _ Tr .. 1 / 1 1 .. � �. .. y°�.. , NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 25, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Restaurant Conditional Use Permit— An appeal of the Planning Commission's approval of an application to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) ABC license in Balboa Village (formerly known as Bubbles Restaurant). Conditional use permit approval is also necessary to reduce the required parking spaces through the approval of a parking management program because the subject property does not provide on- site parking. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For more information please call 949 - 644 -3204. For .questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova @newportbeachca.gov: Project File No.: PA2011 -062 Zone: MU -V (Mixed -Use Vertical) Location: 111 Palm Street Tmplt: 11/23/09 Activity No.: UP2011 -012 General Plan: MU -V (Mixed -Use Vertical) Applicant: Lone Oak Newport, LLC ogt- M1 - hm�_ Leilani Brown, City Jerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 25, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Restaurant Conditional Use Permit — An appeal of the Planning Commission's approval of an application to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) ABC license in Balboa Village (formerly known as Bubbles Restaurant). Conditional use permit approval is also necessary to reduce the required parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For more information please call 949- 644 -3204. For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova@newportbeachca.gov. Project File No.: PA2011 -062 Activity No.: UP2011 -012 Zone: MU -V (Mixed -Use Vertical) General Plan: MU -V (Mixed -Use Vertical) Location: 111 Palm Street Applicant: Lone Oal Newport, LL /C 1 V Nm,� Leilani I. Brown City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, October 25, 2011, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Restaurant Conditional Use Permit — An appeal of the Planning Commission's approval of an application to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) ABC license in Balboa Village (formerly known as Bubbles Restaurant). Conditional use permit approval is also necessary to reduce the required parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For more information please call 949- 644 -3204. For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249, mnova@newportbeachca.gov. Project File No.: PA2011 -062 Zone: MU -V (Mixed -Use Vertical) Location: 111 Palm Street Activity No.: UP2011 -012 General Plan: MU -V (Mixed -Use Vertical) Applicant: Lone Oak,Newport , L -LC Leilani I. Brown City Clerk City of Newport Beach CITY OF NEWPOR� ED APPLICATION TO APPEAL DECISION OF THE PLANNING COMMISSION "II JUL 14 AM II 23 Application No. re Conditional Use Permit PA2011 -062, CUP No. UP2011 -012 Appellant G FriCE OF Name of A PP THE CITY FRS( or person filing: SCAP III, LLC c/o Terry A. Jones, Attorngbtawr-; i q tb� �14 820 -4582 Address: 160 N. Riverview Dr., Suite 200, Anaheim Hills, CA 92808 Date of Planning Commission decision: July 7, 2011 Regarding application of: Lone Oak Newport, LLC for conditional use permit to allow an eating and drinking establishment at 111 Palm Street with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) alcoholic beverage license. Conditional use permit is also necessary to reduce the required parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. Reasons for Appeal : 1. This would give preferential treatment to the owner for parking by not requiring at least the minimum parking spaces and would be contrary to the City's refusal to waive similar parking requirements for other owners. Parking is already a problem in the immediate area. 2. A public nuisance would be created by the noise and additional traffic at late hours, interfering with residential properties nearby, which alone would be grounds for revocation. 3. An additional alcohol license would contribute to public nuisance and there are already more alcohol licenses per capita in the area than in other comparison areas. 4. The crime rate is already higher in this area (by significant 27.15 %) than other comparison areas, and a late hour establishment would likely increase the crime rate and be detrimental to the public welfare. 5. The application for conditional use permit is misleading in that there is no definite plan for a restaurant or other business establishment (see PC5 to application). The permit is based on speculation and is being used solely to increase marketability of the subject property which is for sale. 6. The highest and best use should be determined by a qualified appraiser. 7. No explanation has been given as to the profitability of the past use of the building as a restaurant 2, S': -, « f yv,t� WAS c�r~r�i with the problems encountered or the reasons for ch nge of use. a rp,T�, mvi lo/� 03 /o w jtr7 Pa �r C��i { - from lDCrrz) v✓.rn rp zc,:�r aS ttes:ct�c >- nfic,l, /hC 4e, .-1c c'.rF vc.�c.v6 w.11 Surf ' ,tie?.Ij <t5 ;�brrr'f�''f`n T,ri ei -}n,ncm7S r'f the_- 564d.�-l'F7 'rer 'C 1'PS'cTt ,$ Y'larQ. ne,. %e. ew SC Jll l� 'Date CITY CLERK FOR OFFICE USE ONLY Date Appeal filed and Administrative Fee received \10 it , 20 Hearing Date. An appeal shall be scheduled for a hearing before the 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(B) Appeal Fee: $4,010.00 pursuant to Resolution No. 2009 -86 adopted on 12 -8 -09. (Deposit funds with Cashier in Account #2700 -5000) Tex: 714- 820 -4582 Fax* 714-276-0258 Terryannionesesq@aol.com 160 N. Riverview Dr., Suite 200 Anaheim Hills, CA 92808 ��WPORr CITE' OF NEWPORT BEACH (� ADMINISTRATIVE SERVICES CASH RECEIPT U yam►i' 3300 NEWPORT BLVD.. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 RECEIPT NUMBER: 02000153447 RECEIVED BY: MCONDON PAYOR: SCAP III LLC TODAY'S DATE: 07/14/11 REGISTER DATE: 07/14/11 TIME: 11:27 27005000 ZONING & SUBDIVISION FEES SCAP III LLC $4,062.00 --------------- - - -- TOTAL DUE: $4,062.00 $4,062.00 $.00 CHECK $4,062.00 REF NUM: 5597 Easy Peel Labels Use Avery© TEMPLATE 5160® Easy Peel® Labels ' Use Avery® Template 51600 048- 122 -08 SCAP III LLC —..... -- ..._...- - -- Attn: J. Hurry 7170 E. McDonald Drive #6 Scottsdale. AZ 85253 Owner /Applicant Lone Oak Newport, LLC 11611 San Vicente Blvd, #640 Los Angeles, CA 90049 Lone Oak Newport, LLC 11611 San Vicente Blvd, #640 Los Angeles, CA 90049 Charles Dunn Real Estate Svs. Attn: Nathan Ung 800-W 6th Street, 6th Floor Los Angeles, CA 90017 A ® Bend along line to Feed Paper expose Pop _Edge*"' Balboa Village BID CATHIMARIE'S, INC Attn: BOB BLACK PO BOX 840 Newport Beach, CA 92661 CENTRAL NEWPORT BEACH COMMUNITY ASSOC 808 W BALBOA BLVD Contact NEWPORT BEACH, CA 92661 Charles Dunn Real Estate Svs. Attn: Nathan Ung 800 W 6th Street, 6th Floor Los Angeles, CA 90017 Charles Dunn Real Estate Svs. Attn: Nathan Ung 800 W 6th Street, 6th Floor Los Angeles, CA 90017 RENDEZVOUS CONDOMINIUM ASSN NO CONTACT INFORMATION PA2011 -062 for UP2011 -012 111 Palm Street CD #1 G"W Labels i ®�t�St � 1 P AaSP3 do -dod asodxa ® Jaded Paa; (�091,5 a}Pldwal givany e. ;� Utilisez le gabarit AVERY 51600 Sens de cha�gemen` p ouan a _,.-.,," �a �� 1;s:._ Rec #: 1 APN : 048 - 112 -09 Rec #: 2 APN : 048 - 112 -20 Rec #: 3 APN : 048 - 112 -21 Patricia C Hadden Nhnm Prop Holdings Llc Vallely Investments Lp Edgewater Place Janey Horvath; 17042 Gillette 600 E Bay Ave 508 S Bay Front Irvine CA 92614 -5601 Newport Beach CA 92661 -1347 Newport Beach CA 92662 -1041 Rec #: 4 APN: 048 - 112 -23 Rec #: 5 APN: 048 -113 -02 Rec #: 6 APN: 048 - 114 -02 ea ment Antoinette C Rondo Sandi W Smith 508 S Bay F 5309 Via Corona St 311 Kensington Rd Newport each CA 92662 -1041 Los Angeles CA 90022 East Lansing MI 48823 -4007 Rec #: 7 APN: 048 - 114 -03 Rec #: 8 APN: 048 - 114 -04 Rec #: 9 APN : 048 - 114 -05 Gary Rorden Beverly Ann Depauw Tiffany D Wilson 344 Colleen PI 608 W Oceanfront 419 Harding St Costa Mesa CA 92627 -1804 Newport Beach CA 92661 -1112 Newport Beach CA 92661 -1238 Rec #: 10 APN : 048-114-06 Rec #: 11 APN: 048-114-09 Rec #: 12 APN: 048- 114 -10 Timothy Morgon Richard Artunian Wayne D Diaz 26572 Saddleback Dr 53 Shady Ln 1339 E Katella Ave # 349 Mission Viejo CA 92691 -5144 Irvine CA 92603 -0127 Orange CA 92867 -5042 Rec #: 13 APN : 048- 114 -15 Rec #: 14 APN: 048 - 115 -01 Rec #: 15 APN : 048- 115 -02 J Roger Gorski Tjac Llc Keikhosrow M Kavoussi 418 E Balboa Blvd 949 University Ave 4303 James Casey St Ste A Newport Beach CA 92661 -1224 Burbank CA 91504 -3035 Austin TX 78745 -1188 Rec #: 16 APN: 048- 115 -04 Rec #: 17 APN: 048 - 115 -07 Rec #: 18 APN: 048 - 115 -09 Kay Swoffer Patton 500 East Balboa Llc Lyle H Faith 6254 Parima St 1203 N Bayfront 134 W Lime Ave Long Beach CA 90803 -2108 Newport Beach CA 92662 -1236 Monrovia CA 91016 -2841 Rec #: 19 APN : 048 - 115 -11 Rec #: 20 APN: 048 - 115 -12 Rec #: 21 APN : 048 - 115 -13 Harpreet Singh Haleiwa Holdings Corporation John R Saunders 510 E Balboa Blvd 1008 E Balboa Blvd 4040 Macarthur Blvd Ste 300 Newport Beach CA 92661 -1205 Newport Beach CA 92661 -1312 Newport Beach CA 92660 -2500 Rec #: 22 APN : 048 - 115 -14 Rec #: 23 APN: 048- 116 -04 Rec #: 24 APN : 048 - 116 -05 Peter Genovese to Of New earYB chi Cit �BeachCA 23151 Moulton Pkwy 3300 vd 330 Laguna Hills CA 92653 -1206 New rt Beach CA 92663 -3816 New3 -3816 Rec #: 25 AP . - -06 Rec #: 26 APN: 048 -121 -04 Rec #: 27 APN : 048- 121 -05 City ewp each / Spencer Jackson Henry Joe Schorr 3300 Ne rt Biv 411 E Balboa Blvd 19106 Marlia Ct Newpo Beach CA 92663 -3816 Newport Beach CA 92661 -1223 Tarzana CA 91356 -5813 Rec #: 28 APN : 048 - 121 -06 Rec #: 29 APN: 048- 121 -07 Rec #: 30 APN: 048- 121 -09 Anne S Harriman Casa 4 Maui Inc, Ronald Richard Soto PO Box 3605 417 E Balboa Blvd 25435 Gallup Cir Newport Beach CA 92659 -8605 Newport Beach CA 92661 -1223 Laguna Hills CA 92653 -6129 Rec #: 31 APN : 048-121-10 Rec #: 32 APN: 048-121-11 Rec #: 33 APN: 048-121-12 Richard J Wehrt James T Muth Barbara C Luken 1572 La Loma Dr PO Box 797 4112 Enchanted Cir Santa Ana CA 92705 -3061 Newport Beach CA 92661 -0797 Roseville CA 95747 -8411 Rec #: 34 APN: 048 - 121 -13 Rec #: 35 APN: 048- 121 -20 Rec #: 36 APN: 048- 121 -21 Robert Lowell Martin Allen Wah Jane J Xenos 410 E Oceanfront 1718 Bronzewood Ct 423 E Balboa Blvd Newport Beach CA 92661 -1241 Thousand Oaks CA 91320 -4546 Newport Beach CA 92661 -0250 Rec #: 37 APN : 048 - 122 -01 Rec #: 38 APN : 048 - 122 -02 Re #: 39 APNJ -W- 122 -03 Theron L Vines George A Kliorikaitis George aids 803 La Solana Dr 2421 Margaret Or 2421 M garet Redlands CA 92373 -7606 Newport Beach CA 92663 -5434 Newport Beach CA 92663 -5434 Rec #: 40 APN : 048- 122 -04 Rec #: 41 APN : 048 - 122 -05 Rec #: 42 APN : 048 - 122 -06 Mitchell Prop Llc Ronald W Rose James Frank Gucciardo 21520 Yorba Linda Blvd Ste 447 3190 Sonrisa Or PO Box 544 Yorba Linda CA 92887 -3762 Corona CA 92881 -3920 Newport Beach CA 92661 -0544 Rec #: 43 APN : 048- 122 -07 Rec #: 44 APN : 048- 122 -08 Rec #: 45 APN : 048- 122 -10 Loan Oak Newport Llc, Scap Iii Llc Henry, Tsutomu Tai (tr Of) Defined Contributor 11611 San Vicente Blvd Ste 640 PO Box 810490 2901 Newport Blvd Los Angeles CA 90049 -6502 Dallas TX 75381 -0490 Newport Beach CA 92663 -3725 Rec #: 46 APN : 048 - 122 -11 Rec #: 47 APN: 048 - 122 -13 Rec #: 48 APN : 048 - 122 -14 Ward T Brien The Kosger Hovaguimian Trust, William A Lambeth 7130 Eaglefeld Dr 502 E Oceanfront 63 Acacia Tree Ln Arlington WA 98223 -5983 Newport Beach CA 92661 -1211 Irvine CA 92612 -2201 Rec #: 49 APN : 048 - 122 -15 Rec #: 50 APN: 048 -122 -16 Rec #: 51 APN : 048 - 123 -01 Verity Christine Hobbs Randy Esposito Newport Balboa Llc PO Box 2316 4887 E La Palma Ave Ste 708 8923 Lindante Or Newport Beach CA 92659 -1316 Anaheim CA 92807 -1958 Whittier CA 90603 -1023 Rec #: 52 APN : 048 - 123 -02 Rec #: 53 APN : 048- 123 -03 Rec #: 54 APN: 048 - 124 -01 Lanco Walter E Adams C' New. . eaeh PO Box 644 605 E Balboa Blvd 3300 Ne po Md____� Newport Beach CA 92661 -0644 Newport Beach CA 92661 -1303 Newport Beach CA 92663 -3816 Rec #: 55 APN - 25- Rec #: 56 AP 48- 126 -Oy Rec P. 57 APN :048- 30 -04 Of Newpo each Ci -0f Newp each Of Newpo ach ) 3300 a 3300 IN 3300 N rt-Bf Newp Beach CA 92663 -3816 Newport Beach CA 92663 -3816 Newport Beach CA 92663 -3816 c 58 PN :O48- 134 -03 Rec #: 59 APN: 048-134-04 Rec #: 60 APN :O48- 135 -03 Mellvin uc s Mellvine Fuchs Gary E Malazian PO Box 68 PO Box 686 2727 W Bluff Ave Apt 128 Newport B ach CA 92661 -0686 Newport Beach CA 92661 -0686 Fresno CA 93711 -7021 Rec #: 61 APN: 048 - 135 -04 Rec #: 62 APN : 048 -135 -05 Rec #: 63 APN: 048 - 135 -10 Newport Inc Mm Paul Thomas Wilson James W Read 703 1/2 E Balboa Blvd 701 E Balboa Blvd PO Box 780 Newport Beach CA 92661 -1305 Newport Beach CA 92661 -1305 Newport Beach CA 92651 -0780 Rec #: 64 APN : 048 -135 -11 Rec #: 65 APN: 048 - 135 -12 Rec #: 66 APN : 048- 320 -03 Victor Browse Sherreitt 700 East Oceanfront Llc C Of Newport Beach 400 S Bay Front 1605 San Vicente Blvd 3300 NelpertZECycl Newport Beach CA 92662 -1055 Santa Monica CA 90402 -2207 Newport beach CA 92663 -3816 Rec #: 67 APN : 932 -16 -001 Rec #: 68 APN : 932 -16 -002 Rec #: 69 APN : 932 -16 -003 Alfred Lewis Fishman Donald Ounkleman Gregory Jan Lean 3965 E Maple Tree Or 940 E Chapman Ave 2311 Fairhill Or Anaheim CA 92807 -3410 Orange CA 92866 -2109 Newport Beach CA 92660 -3403 Rec #: 70 APN : 932 -16 -004 Rec #: 71 APN: 932 -16 -005 Rec #: 72 APN; 932 -16 -006 Debra L Johnson Rustom N Contractor Gamal F Ghaly 7535 E Country Side Rd 23505 Grand Rim Ct 29605 Southwood Ln Anaheim CA 92808 -1381 Diamond Bar CA 91765 -2344 Highland CA 92346 -6217 Rec #: 73 APN : 932 -16 -007 Rec #: 74 APN: 932 -16 -008 Rec #: 75 APN: 932 -16 -009 James Dean Lewis Robert W Duff Peter T Kaplanis 6021 Summerdale Or PO Box 10147 2140 S El Molino Ave Huntington Beach CA 92647 -5524 Costa Mesa CA 92627 -0043 San Marino CA 91108 -2312 Rec #: 76 APN : 932 -16 -010 Rec #: 77 APN : 932 -16 -011 Rec #: 78 APN: 932 -16 -012 Patrick G Thompson Adel Nashed Mary Kathryn Wilhelms 127 Saint Joseph Ave # C 21255 Ronda Cir 402 N Clinton St Long Beach CA 90803 -3162 Huntington Beach CA 92648 -5346 Orange CA 92867 -7803 Rec #: 79 APN : 932 -16 -013 Rec #: 80 APN: 932 -16 -014 Rec #: 81 APN : 932 -16 -015 Douglas E Miles Philippe Rudolph Sigal Gary E Boyles 1806 E Balboa Blvd 2306 D St 1039 Rock Harbor Pt Newport Beach CA 92661 -1405 La Verne CA 91750 -4407 Hercules CA 94547 -2620 Rec #: 82 APN : 932 -16 -016 Rec #: 83 APN: 932 -16 -017 Rec #: 84 APN : 932 -16 -018 Andrew Beloblosky Robert W Gayler Stuart Rosenthal 384 E Conference Or 803 Oglethrope Ct 70355 Tamarisk Ln Boca Raton FL 33486 -3147 Centerville OH 45458 -2890 Rancho Mirage CA 92270 -2456 Rec #: 85. APN: 932 -16 -019 Rec #: 86 APN : 932 -16 -020 Rec #: 87 APN: 932 -16 -021 James Patrick Moore David S Bechok Edwards, Barry R Vo, Ah, Th 600 E Oceanfront Apt 3C 600 E Oceanfront Apt 3D 607 S Hill St Ste 520 Newport Beach CA 92661 -1342 Newport Beach CA 92661 -1342 Los Angeles CA 90014 -1787 Rec #: 88 APN : 932 -16 -022 Rec #: 89 APN : 932 -16 -023 Rec #: 90 APN: 932 -16 -024 Nicolas D Ferguson Steven Cort Jones George Milutinovich 26600 Kalmia Ave 600 E Oceanfront Apt 3G 7564 N Tahan Ave Moreno Valley CA 92555 -1727 Newport Beach CA 92661 -1342 Fresno CA 93711 -7007 Rec #: 91 APN: 93216.029 Rec #: 92 APN: 932 -16 -030 Rec #: 93 APN: 932 -16 -031 Tille Tillerco Lie, Savanna Enterprises Lie 185 Ch r Oak Dr 185 Charter Oak Or PO Box 1329 New naan CT 0684046704 New Canaan CT 06840 -6704 San Juan Capistrano CA 92693 -1329 Rec #: 94 APN : 932 -16 -032 Rec #: 95 APN: 932 -16 -033 Rec #: 96 APN : 932 -16 -034 John Richard Wilcox Richard R Rogina Adam S Ralphs 611 E Balboa Blvd 613 E Balboa Blvd 4526 Rinetti Ln Newport Beach CA 92661 -0242 Newport Beach CA 92661 -0240 La Canada Flintridge CA 91011 -3359 Rea # : 97 APN: 932- 5 Rec #: 98 APN:932 -16 -036 Rae #: 99 APN : 932-16-037 Gary Kr'w Gary Kramer Zvi Bendel 741 Lairp�oo.r-LS 741 Lairport St 5200 White Oak Ave Unit 21 El Se }qufido CA 90245 -5007 El Segundo CA 90245 -5007 Encino CA 91316 -4514 Rec #: 100 APN : 932 -16 -038 Rec #: 101 APN: 936 -52 -001 Rec #: 102 APN : 936 -52 -002 Zvi Bandel Gary Ziesche Carilyn Vaile 5200 White Oak Ave Unit 2 2401 Cliff Dr 414 Harding St # 2 Encino CA 91316 -4511 Newport Beach CA 92663 -5125 Newport Beach CA 92661 -1239 Rec #: 103 APN : 936 -52 -003 Rec #: 104 APN : 936 -52 -004 Rec #: 105 APN : 936 -52 -005 Roger Stones Richard Ramella Curt W Mainard PO Box 9290 207 Sapphire Ave 425 E Bay Ave Glendale CA 91226 -0290 Newport Beach CA 92662 -1148 Newport Beach CA 92661 -1267 Rec #: 106 APN : 936-52 -006 Rec #: 107 APN : 936 -52 -007 Rec #: 108 APN : 936 -52 -008 Robert G Singh Ramin Alipour Jeffrey W Arzouman 418 Harding St # 6 420 Harding St 427 E Bay Ave Newport Beach CA 92661 -1239 Newport Beach CA 92661 -1239 Newport Beach CA 92661 -1267 Rec #: 109 APN :936 -52 -034 110 APN : - 2 -035 Julia Rutherford Reutter Julia Ruth gutter 73531 Red Cir 73531 Re it Palm Desert CA 92260-1357 Pal esed CA 92260 -1357 CITY'CL&K'S OFFICE 7011AFIRIVAIH IG)F POSTING OFFICE OF THE CiTY CLERK On (�Ls �IQ� �` ;°10 �W�osted the Notice of Public Hearing regarding: Restaurant Conditional Use Permit— 111. Palm Street PA2011 -062 Date of City Council Public Hearing: October 25, 2011 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, October 15, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on October 18, 2011 at Los Angeles, California %442_4B Signature NOME T PI'S HEARING NOTICE IS HEREBY.,RECEI�IEG GIVEN that on Tues- day, October 25, 2011, I OCT 24 PM B 03 City Council of the City of Newport Beach' will \irFIC� OF consider the following T11 THE Cmf /y E K L 1.II IACf'�I\ application: Restaurant Conditio m� 0- PORT BEACH Use Permit - An 111 appeal of the Planning Commission's approval Of an application to allow an eating and drinking establishment with late hours, an out- door dining patio, a second floor office area, and a Type 47 (On -Sale General) ABC license in Balboa Village (formerly known as Bubbles Restaurant). Conditional use permit approval is also neces- sary to reduce the re- quired parking spaces through the approval of not provide on -site parking. The project is categori- cally exempt under Section 15301, of the California Environmen- tal Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). All interested parties may appear And pres- ent testimony in regard to this application. If you challenge this project in court, you may be limited to rais- ing only those issues you or someone else raised at the City Coun- cil meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff re- port, and documents may be reviewed at the City Clerk's Office (Building B), 3300 New- port Boulevard, New- port Beach, California, 92663, or at the City of Newport Beach website at www.newport, beachca.gov on the Fri- day prior to the hear- ing. For more informa- tion please call 949- 644 -3204. For questions regarding details of the project please contact Makers Nova, Assistant Plan- ner, at (949) 6443249, mnovapa newport beachca.gov. Mace File No.: 11-062 Activity No.: UP2011- 012 Zone: MU -V (Mixed - Use Vertical) General Plan: MU -V (Mixed -Use Vertical) Location: 111 Palm Street Applicant: Lone Oak Newport, LLC Leitani Brown, City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daly Pilot October 15, 2011