HomeMy WebLinkAbout02 - Royal Hen Minor Use Permit - PA2016-128 COMMUNITY DEVELOPMENT DEPARTMENT
VPLANNING DIVISION
low 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
cq�iFOw�avP 949-644-3200 Fax: 949-644-3229
www.newportbeachca.gov
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
August 25, 2016
Agenda Item No. 2
SUBJECT: Royal Hen Minor Use Permit (PA2016-128)
311 Marine Avenue
• Minor Use Permit No. UP2016-033
APPLICANT: Rita Restaurants LLC
OWNER: Daniel Chueh
PLANNER: David Lee, Planning Technician
(949) 644-3225, dlee@newportbeachca.gov
ZONING DISTRICT/GENERAL PLAN
• Zone: MU-W2 (Mixed-Use Water Related)
• General Plan: MU-W2 (Mixed Use Water Related)
PROJECT SUMMARY
A request to amend existing Use Permit No. 987 to add a bar counter area to an
existing restaurant. The existing use permit allows for the restaurant to sell beer and
wine (Type 41 — On-Sale Beer and Wine — Eating Place) and no change is proposed to
this license. The restaurant is proposing hours of operation from 8:00 a.m. to 11:00 p.m.
and does not propose any dancing or live entertainment. If approved this use permit
would supersede Use Permit No. 987.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Draft Zoning Administrator Resolution No. — approving Minor Use Permit No.
UP2016-033 (Attachment No. ZA 1).
1
Royal Hen Minor Use Permit
Zoning Administrator, August 25, 2016
Page 2
DISCUSSION
• The proposal is to add a bar to the existing food service, eating and drinking
establishment (restaurant) at 311 Marine Avenue, located on Balboa Island.
• The restaurant was previously authorized under Use Permit No. UP 987, which
was approved by the Planning Commission on October 17, 1963, to allow the
sale of beer and wine (Attachment No. ZA 3).
• Pursuant to Zoning Code Section 20.48.090 (Eating and Drinking
Establishments), an increase in the floor area principally devoted to alcohol sales
by twenty-five (25) percent or more, or by two hundred fifty (250) square feet or
more, whichever is less, shall obtain new permits. Since a bar is proposed where
a bar or floor area principally devoted to alcohol sales did not previously exist, an
amendment to the existing use permit is required.
• The proposed bar area is approximately 232 square feet, with a maximum of 9
seats. The bar area makes up approximately 23 percent of the restaurant's net
public area and will provide a waiting area and alternative dining options for
patrons without significantly changing the character of the restaurant use.
• The subject property is legal, nonconforming due to having no parking available
on-site. The building was constructed in 1947 and the Zoning Code has since
changed to require off-street parking for food service uses within a range of one
space for each thirty (30) to fifty (50) square feet of net public area based upon
physical and operational characteristics of the use, and location of the
establishment. Due to the restaurant's location on Marine Avenue, the restaurant
benefits from high visitor foot traffic in the area and close proximity to residents of
Balboa Island, resulting in a lower demand for parking. Therefore, a parking rate
of 1 space per 50 square feet is appropriate in this case. The net public area of
the existing configuration is approximately 1,096 square feet, which would
require 22 parking spaces. The proposed addition of the bar area reduces the net
public area to approximately 1,018 square feet, which decreases the required
parking to 21 spaces. Overall, the bar area remains a small component of the
restaurant (23 percent) and is not anticipated to significantly change the
operational characteristics of the restaurant or increase occupancy. Therefore,
no additional parking is required.
• The Police Department has reviewed the proposed application and has no
objections related to the improvement. The establishment has had no police calls
for service related to the operations of the restaurant. The Police Department
memorandum, crime and alcohol related statistics, and reporting district map are
attached (Attachment No. ZA 4).
TmpIt:05-05-16
Royal Hen Minor Use Permit
Zoning Administrator, August 25, 2016
Page 3
• The restaurant has operated on Marine Avenue, a commercial corridor of Balboa
Island, for over 50 years as a complementary use to the community. The addition
of the bar has been reviewed and conditioned to ensure that potential conflicts
with the surrounding land uses are minimized to the fullest extent possible to
maintain an environment compatible for both residents and businesses.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 15301, of the State CEQA (California
Environmental Quality Act) Guidelines - Class 1 (Existing Facilities). The Class 1
exemption includes the ongoing use of existing buildings where there is negligible or no
expansion of use. The proposed project involves minor alterations to the interior floor
plan of an existing restaurant.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of
property within 300 feet of the boundaries of the site (excluding intervening rights-of-
way and waterways), including the applicant, and posted on the subject property at least
10 days before the scheduled hearing, consistent with the provisions of the Municipal
Code. Additionally, the item appeared on the agenda for this meeting, which was posted
at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development
within 14 days following the date of action. For additional information on filing an appeal,
contact the Planning Division at (949) 644-3200.
Prepared by:
One
David S. Lee, Planning Technician
JWdl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Use Permit No. 987
ZA 4 Police Department Memorandum
ZA 5 Project Plans
TmpIt:05-05-16
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2016-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2016-033 FOR AN ADDITION OF A BAR AREA AT AN
EXISTING EATING AND DRINKING ESTABLISHMENT
LOCATED AT 311 MARINE AVENUE (PA2016-128)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Rita Restaurants LLC, with respect to property located at 311
Marine Avenue, and legally described as Lot 31 of Block 13 of Section 4 of Balboa
Island, requesting approval of a minor use permit.
2. The applicant proposes to add a bar to the existing food service, eating and drinking
establishment (restaurant) previously authorized under Use Permit No. UP 987. The
hours of operation are proposed from 8:00 a.m. to 11:00 p.m., daily. No other changes to
the operation are requested or proposed.
3. The subject property is located within the Mixed-Use Water Related (MU-W2) Zoning
District and the General Plan Land Use Element category is Mixed Use Water Related
(MU-W2).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed Use Water Related (MU-W).
5. A public hearing was held on August 25, 2016 in the Corona del Mar Conference Room
(Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. 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
Zoning Administrator at this meeting.
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. Class 1 exempts minor alterations to existing facilities that involve negligible expansion
of the use. The proposed project involves minor alterations to the interior floor plan of
an existing restaurant, and therefore, qualifies for this exemption.
5
Zoning Administrator Resolution No. ZA2016-###
Page 2 of 9
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020.E (Findings and Decision) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings for a use permit
are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The General Plan land use designation for this site is MU-W2 (Mixed Use Water
Related). The MU-W2 designation is intended for marine-related uses that may be
intermixed with general commercial, visitor-serving commercial and residential
dwelling units on the upper floors. The food service use with alcohol and no late
hours is consistent with this land use designation and will serve residents and
visitors in the area.
2. The subject property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. Food service uses with alcohol service and no late hours are permitted with the
approval of a minor use permit in the Mixed-Use Water Related (MU-W2) zoning
district.
2. The existing restaurant operates pursuant to Use Permit No. UP 987, previously
approved by the Planning Commission on October 17, 1963, that allows for the
sale of beer and wine. Pursuant to Municipal Code Section 20.48.090 (Eating and
Drinking Establishments), an increase in the floor area principally devoted to
alcohol sales by twenty-five (25) percent or more, or by two hundred fifty (250)
square feet or more, whichever is less, shall obtain new permits. Since a bar is
proposed where a bar or floor area principally devoted to alcohol sales did not
previously exist, an amendment to the existing use permit is required.
3. The subject property is legal, nonconforming due to having no parking available on-
site. The building was constructed in 1947 and the Zoning Code has since changed
to require off-street parking for food service uses within a range of one space for
each thirty (30) to fifty (50) square feet of net public area based upon physical and
operational characteristics of the use, and location of the establishment. Due to the
restaurant's location on Marine Avenue, the restaurant benefits from high visitor
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Zoning Administrator Resolution No. ZA2016-###
Page 3 of 9
foot traffic in the area and close proximity to residents of Balboa Island, resulting in
a lower demand for parking. Therefore, a parking rate of 1 space per 50 square
feet is appropriate in this case. The net public area of the existing configuration is
approximately 1,096 square feet, which would require 22 parking spaces. The
proposed addition of the bar area reduces the net public area to approximately
1,018 square feet, which decreases the required parking to 21 spaces. Overall, the
bar area remains a small component of the restaurant (23 percent) and is not
anticipated to significantly change the operational characteristics of the restaurant
or increase occupancy. Therefore, no additional parking is required.
4. As conditioned, the proposed project will comply with Zoning Code standards for
eating and drinking establishments.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. The restaurant has operated on Marine Avenue, a commercial corridor of Balboa
Island, for over 50 years as a complementary use to the community. The addition
of the bar has been reviewed and conditioned to ensure that potential conflicts with
the surrounding land uses are minimized to the greatest extent possible to maintain
an environment compatible for both residents and businesses.
2. Parking at the subject property is legal nonconforming as there is no parking
available on-site. The addition of the bar with nine seats will not change the overall
character of the restaurant and results in an overall reduction of net public area;
therefore, no additional parking is required.
3. As conditioned, the restaurant will maintain a closing time of 11:00 p.m. and is not
anticipated to create disturbances to the adjacent uses because there will be no
outdoor dining, dancing, or live entertainment. A condition of approval has been
included requiring the exterior windows and doors of the establishment to remain
closed after 10:00 p.m., which will minimize sound emanating from the property.
4. The restaurant is oriented toward Marine Avenue in a manner that shields the
restaurant activity from the residential uses at the rear.
5. The restaurant will operate as an eating and drinking establishment. The new
seating configuration includes an approximately 232-square-foot bar area with a
maximum of 9 seats in the dining entry room, which makes up approximately 23
percent of the restaurant's net public area. The bar area will provide a waiting area
and alternative dining options for patrons, while three existing dining rooms will
remain. A condition of approval has been included to ensure that the establishment
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Zoning Administrator Resolution No. ZA20164t##
Page 4 of 9
will not operate as a bar, tavern, cocktail lounge, or nightclub as defined by the
Newport Beach Municipal Code.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding:
1. Adequate public and emergency vehicle access, public services, and utilities are
provided on-site.
2. The design of the tenant improvements proposed will comply with all Building,
Public Works, and Fire Codes, and will be approved by the Orange County Health
Department.
3. The project site is located on Marine Avenue, which is located at the entrance of
Balboa Island and has heavy vehicular traffic and pedestrian activity. The proposed
addition of a bar area will not result in increased vehicular and pedestrian activity
since the restaurant's total net public area is being reduced.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or
an establishment where live entertainment, recreational entertainment or dancing is
permitted. Prohibition of these uses or activities is likely to minimize potential land
use conflicts, nuisances and police intervention.
2. The eating and drinking establishment will serve the surrounding community in a
mixed-use district designed for such uses. The existing restaurant has operated in
this location, including the sale of beer and wine, for over 50 years and has not
proven to be a detriment to the community. The proposed bar area is a small
component of the overall dining area of the restaurant and provides alternative
dining options for patrons without negatively affecting the neighborhood.
3. The Police Department has reviewed the proposed project and has no objections
related to the improvement. The operational conditions of approval recommended
05-26-2016
8
Zoning Administrator Resolution No. ZA20164t##
Page 5 of 9
by the Police Department relative to the sale of alcoholic beverages will ensure
compatibility with surrounding uses and minimize alcohol-related impacts.
4. All owners, managers, and employees selling or serving alcohol will be required to
complete a Responsible Beverage Service Certification Program.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2016-033, subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20,
Planning and Zoning, of the Newport Beach Municipal Code.
3. This resolution supersedes Use Permit No. 987 as approved by the Planning
Commission on October 17, 1963, which upon vesting of the rights authorized by this
use permit, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF AUGUST, 2016.
Patrick J. Alford, Zoning Administrator
05-26-2016
9
Zoning Administrator Resolution No. ZA2016-###
Page 6 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
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. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. 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.
4. This Use Permit may be modified or revoked by the Zoning Administrator if determined
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.
5. 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.
6. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
7. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy
and growing condition and shall receive regular pruning, fertilizing, mowing and
trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation
systems shall be kept operable, including adjustments, replacements, repairs, and
cleaning as part of regular maintenance.
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. No outside paging system and no amplified music shall be utilized in conjunction with
this establishment.
10. 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.
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Zoning Administrator Resolution No. ZA2016-###
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11. All noise emanating from the property shall be controlled in such a manner as to not
become excessive, unreasonable, or a detriment to the public health, comfort,
convenience, safety, and general welfare of the peace and quiet of the neighboring
properties and their inhabitants.
12. All exterior doors and windows of the establishment shall remain closed after 10:00 p.m.
13. Patrons shall not enter or exit the restaurant through the alley entrance.
14. Employees of the restaurant shall not use the alley as a break area or smoking area.
15. 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. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00 AM Between the hours of 10:00 PM
and 10:00 PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
16. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-
way. Trash bins shall include a solid roof and shall remain closed.
17. Trash shall be disposed of 30 minutes after closing time, daily.
18. 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).
19. All trash shall be stored within a commercial trash bin with a solid lid to screen the
trash and control odors. The lid shall be kept closed at all times. The commercial trash
bin shall be located flush against the rear wall of the building and parallel to the alley to
minimize its encroachment into the 10-foot alley setback.
20. The facility shall be maintained in a safe and sanitary condition at all times.
21. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
05-26-2016
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Zoning Administrator Resolution No. ZA2016-###
Page 8 of 9
p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by
the Director of Community Development, and may require an amendment to this Use
Permit.
22. Storage outside of the building, in the front, or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
23. 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.
24. Hours of operation shall be limited to between 8:00 a.m. and 11:00 p.m., daily.
25. All owners, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall comply
with the requirements of this section within 180 days of the issuance of the certificate of
occupancy. Records of each owner's, 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.
26. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
27. Dancing or live entertainment is not permitted on the premises.
28. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
29. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
30. 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.
31. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
32. Food service from the regular menu must be made available to patrons until 30 minutes
prior to closing.
33. 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
05-26-2016
2�
Zoning Administrator Resolution No. ZA2016-###
Page 9 of 9
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.
34. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
35. 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.
36. Strict adherence to maximum occupancy limit is required.
37. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
38. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved
in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code. Use Permit No. UP2016-033 shall expire unless exercised within 24
months from the date of approval as specified in Section 20.91.050 of the Newport
Beach Municipal Code, unless an extension is otherwise granted.
39. 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 Royal Hen Minor Use Permit including, but not limited
to, Minor Use Permit No. UP2016-033 (PA2016-128). 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.
05-26-2016
13
Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
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302
Minor Use Permit No. UP2016-033
PA2016-128
311 Marine Avenue
2s
Attachment No. ZA 3
Use Permit No. 987
ice-
FILING FEF $ 304$
IF APPROVED, NOT EFFECTIVE
UNTIL 15 DAYS AFTER DATE USE PERMIT APPLICATION NO. '18 7
Ord. 635
9/a 7163
CITY OF NEWPORT BEACH DATE
FILING FEE $30.00
INSTRUCTIONS: (Read Carefully. ) Te-a applicant or his legal representative must be presentl
at all public hearings. Fill out this application completely. It must be accompanied
by five copies of a plot plan to scale, and with correct dimensions, showing in detail I
all boundaries, existing buildings, proposed alterations and additions. The applicant I
must sign conditions of Use Permit, if any, within thirty days after approval. Appli-
cation shall be revoked if not used within eighteen months from date of approval.
Scs ?o A✓ J3// �i /IIA 2i yr Nv=.
Applicant Address Involved
2.�LOT I BLOCK SECTION 4.1 TRACT - % ZONE C /
49#.
3. DATE OF HEARING (ncT 1 -7 i !Z�m TIttE ) :o n P.M.
4. Application is hereby made for a Use Permit from Section 9/�✓ / `� to permit:_
There are J sheets attached to and made a part of this application. I hereby certify
that the foregoing statements, maps, drawings, plans and specifications attached hereto
are true and correct. If approved this Use Permit will not adversely affect persons
residing or working in the neighborhood. I further consent to any permit issued in
reliance thereon being null and void in the evert they are not true and correct.
g'�t&A /�/� Oz 3— G SY o
Signature of Owner or Applicant Homy1AAdreSs Phone
�x.anacxxxxxxt. •vxxxxx:aocxx ci&2zXJM�:xlLxr. a
x xxxxxxxxxxxxxxxxxxxxxi xx ocxxx �acxx�aoc
FOR DEPARTMENTAL USE ONLY PLANNING COMMISSION ACTION 1
In accord with Section a Use Permit is 1iereby the above
applicant subject to requirements of all governmental age:icies having jurisdiction and
subject to the following:
The undersigned hereby agrees tc all the above conditions.
Signature of Grantee
3r�f>��F �f�"Y-"a':��3E�"xxxx x�ia000c "'i7OC I
FINDINGS OF PLANNING COMM'SSION: U)on a review of the evidence on file and testimony ore- r
sented at the meeting the Commission found and determined that, under the circumstances of
the particular case, the sale of beer and wine at this location would not be detrimental
to the health, safety, peace, morals, comfort and general welfare of persons residing or
working in the neighborhood and, therefore, recommended approval for a period of one Year.
moi• DENIED-
APPROVED - By City Planning Commission APPROVED By the City Council on the `
on the 17 day of October 19 63 a of 19
Ray Y. Copelxn, Secretary Margery Schrouder, ty er
Newport Beach City Planning Commission Newport Beach, California
L- XTENDErj FOR a j/kS, O/V OCT %S, //6 SZ' CxT FOR 5 CARS oN 10•Il-l2
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Attachment No. ZA 4
Police Department Memorandum
12
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
43
MEMORANDUM
TO: David Lee, Planning Technician
FROM: Wendy Joe, Police Civilian Investigator
DATE: July 25, 2016
SUBJECT: The Royal Hen
311 Marine Avenue
Use Permit No. 2016-033 (PA2016-128)
At your request, the Police Department has reviewed the project application for The Royal Hen
at 311 Marine Avenue, Newport Beach. Per the project description, the restaurant previously
known as Amelia's, is changing their name and acquiring new management. The applicant
intends on making cosmetic upgrades, as well as building a new bar area with 9 seats and two
beer taps. An amendment to the existing use permit is required due to the proposed bar area
where there was not one previously.
The applicant currently holds a Type 41 (On-Sale Beer and Wine - Eating Place) Alcoholic
Beverage Control license. The Royal Hen will close at 11:00 p.m. and propose no live
entertainment; therefore an Operator License will not be necessary.
Statistical Data and Public Convenience or Necessity
Business and Professions Code §23958.4 finds "undue concentration" for an applicant
premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as
compared to the city wide average, and an over saturation of alcohol licenses in a census tract
compared to the county. When undue concentration is found to exist, a judgment on Public
Convenience or Necessity (PCN) is required. However, there is no definitive or uniform
guideline defining the application of PCN. While the final determination of PCN for a Type 41
license falls to the Department of Alcoholic Beverage Control (ABC), ABC encourages local
authorities to address PCN in the Conditional Use Permit (CUP) process.
Crime Statistics
Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst
Caroline Staub, which provides detailed statistical information related to calls for service in and
around the applicant's current place of business at 311 Marine Avenue.
19
The Royal Hen
U P2016-033
The Police Department divides the City into areas referred to as Reporting Districts. This
allows the Police Department to create statistical data, as well as better communicate officer
locations while policing. The proposed applicant location is within Reporting District (RD) 42
which encompasses Balboa Island. RD 42 is not a high crime area. In regard to crime, this
location does not meet the legal criteria for undue concentration (8&P§23958.4).
• In 2015, RD 42 had a total of 104 reported crimes
• In 2015, RD 42 was -36%, under the city-wide average of reported crime
• In 2015, RD 42 had 29 arrests; 11 were directly related to alcohol
Alcohol License Statistics
The applicant premise is located within census tract 0630.06. This census tract has an
approximate population of 2,831 with 14 active ABC licenses. That is a per capita ratio of 1
license for every 202 residents. Per the Business and Professions code, we compare this per
capita ratio to Orange County's on-sale per capita ratio of 1 license for every 505 residents. In
regard to over saturation, this location meets the legal criteria for undue concentration (8&P
§23958.4),
To put alcohol license data in more relatable terms speaking about RD 42 only:
• RD 42 has 14 on-sale ABC licenses
• RD 42's total per capita ratio of all retail licenses is 1 license for every 197 residents
• RD 42 is significantly over saturated
Discussion and Recommendations
The establishment has had no police calls for service related to the operations of the
restaurant. The Police Department has no objections related to the improvement. We request
the below conditions be added to the Use Permit, which are consistent with conditions
commonly imposed on establishments which sell alcohol in over saturated areas.
CONDITIONS OF APPROVAL
Police Department has determined the following conditions would be appropriate for the
business:
1. The business shall close by 11:00 p.m. daily.
2. 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
2
20
The Royal Hen
U P2016-033
the premises and shall be presented upon request by a representative of the City of
Newport Beach.
3. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
4. Dancing or live entertainment is not permitted on the premises.
5. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
6. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
7. 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.
8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
9. Food service from the regular menu must be made available to patrons until 30 minutes
prior to closing.
10. 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.
11. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
12. 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.
13. Strict adherence to maximum occupancy limit is required.
14. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
3
21
The Royal Hen
UP2016-033
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy oe at (949)644-3705 or wjoe@nbpd.org.
Wend Joe
\ lic Civilian Investigator, Special Investigations
w,
Brad Miller
Sergeant, Special Investigations
x
44
Jay Short
Lieutenant, Detective Division
4
Attachment No. ZA 5
Project Plans
23
PA2016-128
NOTES: NOTES:
• ANY FUTURE ROOF EQUIPMENT •ANY FUTURE ROOF EQUIPMENT
SHALL BE SCREENED SHALL BE SCREENED
ACCORDIING TO ZONING CODE ACCORDIING TO ZONING CODE
SECTION 20.30.020. SECTION 20.30.020. 0
•TRASH BIN SHALL INCLUDE z PROPERTY LINE = 30'-0" •TRASH BIN SHALL INCLUDE z PROPERTY LINE = 30'-0"
SOLID ROOF AND SHALL I-g SOLID ROOF AND SHALL H0
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NEW LED DECORATIVE HANGING CEILING MOUNTED FIXT. E <0 QE5 SIDEWALK
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® 4" FLORESCENT FIXTURE ® PROPOSED NET PUBLIC AREA= 1017.93 SF = 1017 SF DOOR WITHIN EXISTING OPENING SEE SHEETS A 2.1 AND PROPOSED NET PUBLIC AREA = 1096.27 SF = 1096 SF DOOR WITHIN EXISTING OPENING SEE SHEETS A 2.1 AND Plot Date: 07/14/2016
INSTALL 1 FOOTCANDLE EMERGENCY LIGHT CCUPANCY CALCULATED 9D 15 SF/OCCUPANT= 67 A 2.2 FOR DETAILS &SCHEDULE CCUPANCY CALCULATED 15 SF/OCCUPANT= 71 A 2.2 FOR DETAILS&SCHEDULE
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3 PROPOSED FLOOR PLAN REMODEL 2 EXISTING AS-BUILT FLOOR PLAN 1 0
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24
Zoning Administrator -August 25, 2016
Item No. 2a Additional Material
Royal Hen Minor Use Permit (PA2016-128)
Subject: Comments PA2016-128
From: Lee Pearl fmaiIto:smartoearl1(alhotmail.coml
Sent: Monday, August 15, 2016 9:19 PM
To: Lee, David
Cc: don larsen; shirloirl7Caldslextreme.com; Gale Garceau; Susan Pearl; Brandt, Kim
Subject: Comments PA2016-128
Hi Mr. Lee: Nice talking to you today on the minor use permit for Rita Restaurants LLC. Given the short
timeline I was only able to contact two other impacted property owners (CCd in this email ) but I believe all
would agree with my comments based on our experience with the prior restaurant and Barolo.
There are many residential units facing the alley including mine. Most, if not all of the residents work
and would be impacted if the applicant were allowed to use the alley for customer or employee areas. In
most cases the alley would be the logical location for employee breaks, smoking and waiting for their
transportation. It is not logical in our situation because peoples homes are directly adjacent to the
business. In addition, the closing time of 11 p.m. means that cleaning and use of the dumpster will occur after
closing. This would include dumping bottles and trash in the dumpster, employees waiting for transportation
and other actions impacting the residents.
Please include conditions of approval to address our concerns. We are proponents of the approval, but have
concerns that the project could have negative impacts on our properties without the proper conditions as a
part of the approval.
Thanks, Lee Pearl 316 Onyx
i
Zoning Administrator-August 25, 2016
Item No. 2b: Additional Materials Received
Royal Hen Minor Use Permit(PA2016-128) Zoning Administrator Resolution No. ZA20164t##
Page 7 of 10
11. All noise emanating from the property shall be controlled in such a manner as to not
become excessive, unreasonable, or a detriment to the public health, comfort,
convenience, safety, and general welfare of the peace and quiet of the neighboring
properties and their inhabitants.
12. All exterior doors and windows of the establishment shall remain closed after 10:00 p.m.
13. Patrons shall not enter or exit the restaurant through the alley entrance.
14. Employees of the restaurant shall not use the alley as a break area or smoking area.
4-415. Drop-off and pick-up of employees shall be prohibited in the alley.
416. 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. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of 7:00 AM Between the hours of 10:00 PM
and 10:00 PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
417. Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right-of-
way. Trash bins shall include a solid roof and shall remain closed.
4-7--18. Trash shall be disposed of-within 30 minutes after actual closing time, daily.
48-.19. 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).
4- 20. All trash shall be stored within a commercial trash bin with a solid lid to screen the
trash and control odors. The lid shall be kept closed at all times. The commercial trash
bin shall be located flush against the rear wall of the building and parallel to the alley to
minimize its encroachment into the 10-foot alley setback.
221. The facility shall be maintained in a safe and sanitary condition at all times.
05-26-2016