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Home My WebLink AboutRudy's Pub & Grill 3110 Newport Blvd.CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 17, 2008 Agenda Item 6 SUBJECT: Rudy's Pub & Grill (PA2007 -255) 3110 Newport Boulevard Amendment to Use Permit No. 2004 -049 • Modification Permit No. 2007 -092 APPLICANT: Eric D. Aust PLANNER: Janet Johnson Brown, Assistant Planner (949) 644 -3236, ibrown0citv.newoort- beach.ca.us PROJECT SUMMARY The applicant is requesting approval of an amendment to Use Permit No. 2004 -049 to allow a change in the operational characteristics of an existing eating and drinking establishment. The applicant requests to add 243 square feet of storage area on the first floor and to enclose an existing 135 - square -foot patio on the second floor for office use. Pursuant to Section 20.85.060 (Changes in Operational Characteristics) of the Municipal Code, an amendment to the use permit is required because the increase in gross floor area is in excess of 250 square feet. A modification permit is requested because the area of the proposed second floor addition encroaches 4 feet into the required 10 -foot alley setback. RECOMMENDATION Staff recommends that the Planning Commission conduct a public hearing, and adopt a resolution (Exhibit 1) to approve the amendment to Use Permit No. 2004 -049 and approve Modification Permit No. 2007 -092, subject to findings and conditions. yo IL . � q - , I . I ii 'r- :. oe� d' Ila, A 7i li L A CL A J1 IN r Rudy's Pub & Grill April 17, 2008 Page 3 Proiect Settin Rudy's Pub & Grill is a full - service, high turnover eating and drinking establishment located on the northwest corner of Newport Boulevard and 31St Street in the area referred to as Cannery Village. The site is developed with a 4,344- square -foot two -story building and a 27 -stall parking lot. The restaurant features indoor and outdoor dining areas, a full bar, kitchen and storage areas, restrooms, and office space. Project Description The applicant requests to add 243 square feet to the first floor on the north side of the existing building to accommodate additional storage and cooler space, and a new covered trash enclosure area. The applicant also requests to enclose an existing 135- square -foot covered outdoor patio to provide additional office space for the general managers and owners of the restaurant. This area is located on the second floor at the southeast side of the building adjacent to the alley. The enclosure of this patio would require the approval of a modification permit because this portion of the building encroaches 4 feet into the 10- foot alley setback. The proposed first and second floor additions would result in an increase of 378 square feet of gross floor area. Pursuant to Section 20.82.060, an increase in gross floor area in excess of 250 square feet constitutes a change in operational characteristics and requires an amendment to the Use Permit. No other changes to the restaurant operations are requested at this time. Background The building was constructed and approved for occupancy in August 1970, and opened for business as the Original House of Pies. The City approved Modification Permit No. 201 to allow the structure to encroach 4 feet into the required 10 -foot alley setback to accommodate a 10 -foot wide street dedication for Newport Boulevard, which renders the existing building as a legal nonconforming structure. In 1978, the Planning Commission approved Use Permit No. 1853 to allow the remodel of the original building and to authorize the sale of alcoholic beverages for on -site consumption. In 1979, the Planning Commission approved an amendment to Use Permit No. 1853 to allow live entertainment. Use Permit No. 1853 was amended again on March 3, 2005, when the Planning Commission approved Use Permit No. 2004 -049 to allow an addition and alterations to the existing structure. The alterations included the installation of a retractable roof over a portion of the main dining area and bar, and substantial changes to the interior of the 5 Rudy's Pub & Grill April 17, 2008 Page 4 building. A new 310- square -foot outdoor dining area was added at the front of the property adjacent to Newport Boulevard. Also approved was a second floor addition to provide 663 square feet of office space and adjoining covered patio areas. This addition and the patio areas are located above the existing structure that encroaches 4 feet into the 10 -foot alley setback, which was approved by Modification Permit No. 2004 -089. A waiver of restaurant development standards pertaining to site requirements, and setbacks, and a reduction of an off - street parking space was included with the approval of Use Permit No. 2004 -049. The requirement for a 6- foot -high interior side property line wall was eliminated due to concerns about security and trash accumulation, and the requirement for a 3- foot -high wall between the parking lot and right -of -way was satisfied with landscape areas. The number of off- street parking spaces provided on -site prior to implementation of Use Permit No. 2004 -049 was 28 stalls, and the approved project provides 27 stalls. The reduction of one surplus space was due to the provision of disabled parking areas, landscape areas and an exterior open staircase that provides access to the second floor office space and covered patio areas. A copy of the Findings and Conditions of Approval for Use Permit No. 2004 -049 and Modification Permit No. 2004 -089 are attached as Exhibit 2. The Planning Commission Meeting Minutes for March 3, 2005, are attached as Exhibit 3. The following table provides a summary of the project site, the operational characteristics pursuant to Use Permit No. 2004 -049 and the changes proposed by this amendment. Rud 's Pub & Grill — General Project Characteristics Lot Area: 14,878 square feet 0.342 acres Building Square Footage: Existing: 4,344 square feet Proposed: 4,722 square feet Floor Area Ratio (FAR): Maximum Permitted: 0.5 Proposed: 0.32 Building Bulk: Maximum Permitted: 11,158.5 square feet Proposed: 5,878 square feet Net Public Area (N PA): Existing: 1,349 square feet Proposed: No change On -Site Parking: Existing: 27 parking spaces (1/50 square feet of NPA) Proposed: No change Hours of Operation: Existing: 6:00 a.m. to 2:00 a.m. interior 6:00 a.m. to 1:00 a.m. exterior Proposed: No change Number of Employees: 30 employees (The number of employees has increased from 20 persons noted in Use Permit No. 2004 -049 to 30 persons in order to accommodate breakfast service that commenced in 2004. 4 Rudy's Pub & Grill April 17, 2008 Page 5 DISCUSSION Analysis General Plan The Land Use Element of the General Plan designates the project site as Visitor Serving Commercial. This designation is intended to provide for accommodations, goods, and services for visitors to the City of Newport Beach. Eating and drinking establishments are consistent with this land use designation. The General Plan also designates the site with a fixed floor area ratio of 0.50, and the proposed project has a 0.32 FAR, as defined by Chapter 20.62 (Floor Area Ratios and Building Bulk) of the Zoning Code. F1oorArea Ratio At the time Use Permit No. 2004 -049 was approved in March 2005, the General Plan assigned a variable floor area ratio to the site (0.5/1.0 FAR). The permitted gross floor area for sites designated with a variable FAR varies according to the use of the site, and eating and drinking establishments are subject to a reduced FAR of 0.3, pursuant to Table 20.63 of the Zoning Code. As noted above, the site is now designated with a fixed floor area ratio by the General Plan, thus allowing the site to be developed up to the maximum 0.50 FAR, pursuant to Section 20.63.040 A -1 (Land Use Intensities — Fixed Designation). The applicant requests to add 378 square feet of gross floor area to the existing 4,344 - square -foot eating and drinking establishment. The proposed total gross square footage on the site would be 4,722 square feet, or 0.32 FAR, which would be well below the maximum floor area ratio. Off -Street Parking The off - street parking requirement for eating and drinking establishments is one parking space for every 30 to 50 square feet of net public area, depending on the operational characteristics of the restaurant. In this case, the restaurant provides one parking space for each 50 square feet of net public area, or 27 parking spaces. Net public area is defined as the area used to serve customers, including customer sales and display areas, seating areas, service counters, and service queue and waiting areas. Office space, storage and utility areas, restrooms, and kitchens are excluded from this area. The proposed addition is intended to provide additional food storage and cooler space, and a new trash enclosure on the first floor, and additional office space on the second floor. These areas are ancillary to the restaurant operations and are not a part of the 1 Rudy's Pub & Grill April 17, 2008 Page 6 net public area. Therefore, additional parking spaces would not be required in conjunction with the proposed addition. Use Permit Findings As stated above in this report, an increase in gross floor area in excess of 250 square feet constitutes a change in operational characteristics and requires an amendment to Use Permit No. 2004 -049. Section 20.91.035 requires that the Planning Commission make certain findings in order to approve a use permit application. The findings and facts in support of such findings are listed and discussed below. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. The project is located within the Cannery Village /McFadden Square Specific Plan District (SP -6) with a land use designation of Specialty Retail (SR). The Cannery Village area is intended to serve as an active pedestrian- oriented specialty retail area with a wide range of visitor - serving, neighborhood commercial, and marine - related uses. Eating and drinking establishments are a permitted use in the Specialty Retail land use designation subject to the approval of a use permit. The use of the site will remain consistent with the SP -6 /SR designation. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The existing restaurant is consistent with the Visitor Serving Commercial land use designation of the General Plan, and with the SP -6 /SR designation. The conditions under which the existing establishment shall continue to be operated and maintained are consistent with the land use designations, and comply with the applicable zoning regulations of the SP -6 District. The proposed increase of 378 square feet of gross floor area to the existing eating and drinking establishment will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of the use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city for the following reasons: • The project site is located in a commercially- designated area and surrounded by visitor - serving, retail and commercial uses, with some mixed residential/commercial uses to the east of the site. Restaurant uses, with appropriate conditions, are compatible with the surrounding uses. b; Rudy's Pub & Grill April 17, 2008 Page 7 • The project site has been maintained for restaurant uses since 1970 and has not proven to be a public nuisance or detriment to the neighborhood or community. • The additional square footage on the first floor will provide for more storage space and a new trash enclosure, which will alleviate storage overflow and will aesthetically improve the undeveloped side yard area. • Existing conditions of approval will be carried forward from Use Permit No. 2004 -049 with this amendment that address public safety, noise regulations, water quality, and property maintenance. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The proposed increase of 378 square feet of gross floor area to the existing eating and drinking establishment would comply with the land use and development regulations of the SP -6 /SR District, and would substantially comply with the restaurant design and development standards for a full - service, high turnover eating and drinking establishment. The reduction of one surplus parking space was granted by Use Permit No. 2004 -049 due to the availability of metered parking adjacent to City Hall, metered parking in the municipal parking lot located at Villa Way and 30th Street, and street parking in the area, and the fact that patrons in the area tend to walk or ride bicycles to the establishment. Modification Permit A modification permit is requested to allow the enclosure of the existing 135 - square -foot covered outdoor patio on the second floor because this portion of the building encroaches 4 feet into the 10 -foot alley setback. The Planning Commission approved Modification Permit No. 2004 -089 concurrent with the approval of Use Permit No. 2004- 049 to allow this patio area and portions of the second floor office space to encroach into the setback. The proposed enclosure of the 135 - square -foot covered outdoor patio would be consistent with the previous approval. Pursuant to Section 20.93.030, a modification permit may be granted if certain findings can be met. These findings and facts in support of such findings are as follows: 1. The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. A modification permit was originally granted in 1970 to allow relief of a 10 -foot wide street dedication for Newport Boulevard. On March 3, 2005, the Planning Commission approved Modification Permit No. 2004 -089 to allow the existing second floor office space and patio areas to encroach 4 feet into the required 10- q Rudy's Pub & Grill April 17, 2008 Page 8 foot alley setback. The granting of this Modification Permit is a minor revision to the previously approved modifications to allow encroachments into the required 10 -foot alley setback. In this case, the practical difficulty associated with the site is the 10 -foot wide street dedication, the size of the lot, and the location of the existing building, which currently encroaches 4 feet into the 10 -foot alley setback on both the first and second floors. The existing patio is covered by a solid roof and supported by solid walls and columns. Strict application of the required 10 -foot setback would not be practical. Consistent with Sections 20.62.040 and 20.62.050 (Nonconforming Structures and Nonconforming Parking) of the Zoning Code, the proposed expansion to allow floor area to be added to an existing legal nonconforming structure is within the limits permitted by right. 2. The requested modification will be compatible with existing development in the neighborhood Many of the existing properties in the neighborhood encroach to some degree into alley setbacks, including the buildings in the subject block. Two -story structures directly adjacent to an alley are similar to the existing building. The enclosure of the second floor patio will not alter the footprint of the existing building, and would be compatible with existing development in the neighborhood. 3. The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general weffare or injurious to property or improvements in the neighborhood. The enclosure of the second floor patio will not result in any additional encroachment into the required 10 -foot alley setback or change the footprint of the existing structure. The existing second floor area has been in its present configuration since 2005 and has not proven to be a detriment to the neighborhood. Alternatives 1. If the Planning Commission determines that not all the facts in support of the findings can be made for the applicant's request, the Planning Commission should direct staff to prepare findings and a resolution denying the request and return at the next available Planning Commission meeting date with such resolution for adoption; or 2. The Planning Commission may suggest specific project modifications that are needed for approval. If this is done, the item should be continued if the changes are reasonable and easy to incorporate. If substantial changes are directed, the item should be removed from calendar to allow redesign of the project. 10 Rudy's Pub & Grill April 17, 2008 Page 9 Environmental Review This project has been reviewed, and it has been determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) because the proposed 378 - square -foot addition of gross floor area is minor in nature. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: TOM Iffil i EXHIBITS Submitted by: D—avid Lepo `� Planni 1. Draft Resolution No. 2008 -_; findings and conditions of approval 2. Resolution No. 1660 approving Use Permit No. 2004 -049 and Modification No. 2004 -089 3. Planning Commission Meeting Minutes Dated March 3, 2005 4. Project plans FAUsers\PLN\Shared \PA's\PAs - 2007\PA2007- 255 \UP2007 -030 MD2007 -092 Staff Rpt.doc kk Exhibit No. 1 r3 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 2004 -049 AND APPROVING MODIFICATION PERMIT NO. 2007- 092 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 3110 NEWPORT BOULEVARD (PA2007 -255) WHEREAS, an application was filed by Rudy's Pub & Grill (Eric D. Aust, applicant) with respect to property located at 3110 Newport Boulevard, and legally described as Lot 3, 4, 5, 6, 7 and 8 in Block 431, Lancaster's addition to Newport Beach, as per Map Recorded in Book 5, page 14 of Miscellaneous Maps in the office of the Orange County Recorder, requesting approval of an amendment to Use Permit No. 2004 -049 to permit the addition of 243 square feet of storage area on the first floor and to enclose an existing 135 - square -foot patio on the second floor for office use, and approval of a modification permit to allow the enclosure of a second floor patio that encroaches 4 feet into the required 10 -foot alley setback; and WHEREAS, on April 17, 2008, the Planning Commission held a noticed hearing in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California at which time the project application was considered. Notice of time, place and purpose of the public hearing was given in accordance with law and testimony was presented to, and considered by, the Planning Commission at the hearing; and WHEREAS, an amendment to Use Permit UP 2004 -049 for the proposed changes to the existing eating and drinking establishment has been prepared in accordance with Section 20.91.035 of the Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project is located within the Cannery Village /McFadden Square Specific Plan District (SP -6) with a land use designation of Specialty Retail (SR). The Cannery Village area is intended to serve as an active pedestrian- oriented specialty retail area with a wide range of visitor - serving, neighborhood commercial, and marine- related uses. Eating and drinking establishments are a permitted use in the Specialty Retail land use designation subject to the approval of a use permit. The use of the site will remain consistent with the SP -6 /SR designation. 2. Finding: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. \5 City of Newport Beach Planning Commission Resolution No. _ Paae 2 of 12 Facts in Support of Finding: The existing restaurant is consistent with the Visitor Serving Commercial land use designation of the General Plan, and with the SP- 6/SR designation. The conditions under which the existing establishment shall continue to be operated and maintained are consistent with the land use designations, and comply with the applicable zoning regulations of the SP -6 District. The proposed increase of 378 square feet of gross floor area to the existing eating and drinking establishment will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of the use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city for the following reasons: • The project site is located in a commercially designated area and surrounded by visitor - serving, retail and commercial uses, with some mixed residential /commercial uses to the east of the site. Restaurant uses, with appropriate conditions, are compatible with the surrounding uses. • The project site has been maintained for restaurant uses since 1970 and has not proven to be a public nuisance or detriment to the neighborhood or community. • The additional square footage on the first floor will provide for more storage space and a new trash enclosure, which will alleviate storage overflow and will aesthetically improve the undeveloped side yard area. • Existing conditions of approval will be carried forward from Use Permit No. 2004 -049 with this amendment that address public safety, noise regulations, water quality, and property maintenance. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The proposed increase of 378 square feet of gross floor area to the existing eating and drinking establishment would comply with the land use and development regulations of the SP -6 /SR District, and would substantially comply with the restaurant design and development standards for a full - service, high turnover eating and drinking establishment. The reduction of one surplus parking space was granted by Use Permit No. 2004 -049 due to the availability of metered parking adjacent to City Hall, metered parking in the municipal parking lot located at Villa Way and 30th Street, and street parking in the area, and the fact that patrons in the area tend to walk or ride bicycles to the establishment. �6 City of Newport Beach Planning Commission Resolution No. Page 3 of 12 WHEREAS, Modification Permit No. 2007 -092 to allow the enclosure of an existing 135 - square -foot patio located on the second floor that encroaches 4 -feet into the required 10 -foot alley setback has been prepared in accordance with Section 20.93.030 of the Municipal Code based on the following findings and facts in support of such findings: Finding: The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in physical hardships that are inconsistent with the purpose and intent of the Zoning Code. Facts in Support of Finding: A modification permit was originally granted in 1970 to allow relief of a 10 -foot wide street dedication for Newport Boulevard. On March 3, 2005, the Planning Commission approved Modification Permit No. 2004 -089 to allow the existing second floor office space and patio areas to encroach 4 feet into the required 10 -foot alley setback. The granting of this Modification Permit is a minor revision to the previously approved modifications to allow encroachments into the required 10 -foot alley setback. In this case, the practical difficulty associated with the site is the 10 -foot wide street dedication, the size of the lot, and the location of the existing building, which currently encroaches 4 feet into the 10 -foot alley setback on both the first and second floors. The existing patio is covered by a solid roof and supported by solid walls and columns. Strict application of the required 10 -foot setback would not be practical. Consistent with Sections 20.62.040 and 20.62.050 (Nonconforming Structures and Nonconforming Parking) of the Zoning Code, the proposed expansion to allow floor area to be added to an existing legal nonconforming structure is within the limits permitted by right. 2. Finding: The requested modification will be compatible with existing development in the neighborhood. Facts in Support of Finding: Many of the existing properties in the neighborhood encroach to some degree into alley setbacks, including the buildings in the subject block. The enclosure of the second floor patio will not after the footprint of the existing building. Two -story structures directly adjacent to an alley are similar to and compatible with existing development in the neighborhood. Finding: The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. `A City of Newport Beach Planning Commission Resolution No. Paae 4 of 12 Facts in Support of Finding: The enclosure of the second floor patio will not result in any additional encroachment into the required 10 -foot alley setback or change the footprint of the existing structure. The existing second floor area has been in its present configuration since 2005 and has not proven to be detriment to the neighborhood. WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act, because the proposed 378 - square -foot addition of gross floor area is minor in nature. NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves an amendment to Use Permit No. 2004 -049, and approves Modification Permit No. 2007 -092, subject to Conditions of Approvals in Exhibit "A" attached hereto and made part hereof. Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF APRIL 2008. AYES: BY: Robert Hawkins, Chairman BY: Bradley Hillgren, Secretary EXCUSED: W City of Newport Beach Planning Commission Resolution No. Page 5 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 2004 -049 MODIFICATION PERMIT NO. 2007 -092 (Project - specific conditions noted in italics) Planninq Department The following conditions herein replace and supersede the previous conditions of approval dated March 3, 2005, upon implementation of this amendment to Use Permit No. 2004 -049, and approval of Modification Permit No. 2007 -092. 2. The development shall be in substantial conformance with the site plan, floor plan and elevations dated February 4, 2008. 3. Use Permit No. 2007 -030 and Modification Permit No. 2007 -092 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 and Section 20.93.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. 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. 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. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 7. Any change in operational characteristics, hours of operation, expansion in area, or modification to the floor plan, may require an amendment to this Use Permit or the processing of a new use permit. 8. The applicant shall comply with all applicable 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 Pen-nit. 11 City of Newport Beach Planning Commission Resolution No. Page 6 of 12 9. Should this business be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner /operator. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 10. The second floor office space shall only be used for commercial activities associated with and in support of the eating and drinking establishment The office area shall not be leased or rented as a separate use. 11. The remaining open patio area on the second floor of the building shall not be enclosed and shall remain as shown on the plans dated February 4, 2008. 12. The second floor patio and office areas are for use by restaurant employees and owners only. Establishment patrons are restricted from accessing or otherwise using these areas. 13. The exterior surface of the easterly wall of the building, located adjacent to the alley, shall be painted or resurfaced in a color or material that will compliment the existing fagade of the building, and the 243 - square-foot addition to the north side of the building shall be finished in a color or material that compliments the fagade of the building. The applicant shall submit a color and material board for review and approval by the Planning Director prior to issuance of the building permit(s). 14. 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. 15. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate,) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 16. 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 Department. 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). 0 City of Newport Beach Planning Commission Resolution No. Page 7 of 12 17. A new trash enclosure shall be constructed as depicted on the plans dated February 4, 2008, and the design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 18. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code. 19. Lighting of the parking lot shall be in conformance with Section 20.82.040.A.7 of the Municipal Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. 'Nllalpak" type fixtures are not permitted. All exterior lighting fixtures shall have zero cut -off fixtures. 20. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that.the site is excessively illuminated. 21. The authorized use of the building is an eating and drinking establishment as defined by Title 20, and full meal service shall be provided during all hours of operation. The use shall not be operated as a °bar" without full meal service or a nightclub as these uses are not authorized. 22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Planning Department on demand. 23. No dancing is permitted at any time. 24. Live entertainment is permitted upon receipt of a Live Entertainment Permit issued by the City Manager. 25. Live entertainment is limited to the interior of the building and shall cease to occur at 10:00 p.m. 26. Hours of operation for the establishment are 6:00 a.m. and 2:00 a.m. daily. The 310 -square-foot outdoor dining patio located near Newport Boulevard shall be closed at 1:00 a.m. daily. o� City of Newport Beach Planning Commission Resolution No. Page 8 of 12 27. The retractable roof, retractable wall, doors and windows shall be closed and remain closed after 10:00 p.m. daily. Ingress and egress of patrons or employees through doors shall be allowed as necessary. 28. Should noise emanating from the establishment create an unacceptable negative impact on the surrounding area, the Planning Director may further restrict the hours when the retractable roof, retractable wall, doors or windows are permitted to be open. This provision includes the option of requiring these features to remain closed at all times except for the ingress and egress of patrons and employees. The Planning Director may also restrict the hours of operation of the exterior patio should noise generated from use of the patio create an unacceptable negative impact on the surrounding area. 29. No audible paging system shall be utilized in conjunction with this establishment 30. No recorded music or other type of sound amplification shall be allowed within the outdoor patio area. 31. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. 32. A Special Event 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. 33. 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, including minimum drink orders or sale of drinks is prohibited. 34. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 35. 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 IN City of Newport Beach Planning Commission Resolution No. Paoe 9 of 12 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. 36. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the approved use shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The consumption of alcoholic beverages shall be limited to the interior of the restaurant and the outdoor dining areas only. 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 alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 38. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 39. No "happy hour" type of reduced price alcoholic beverage promotion is permitted except when served in conjunction with food ordered from the full service menu. 40. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 41. The outdoor dining /patio areas shall be maintained as approved pursuant to plan check number 0761 -2005. Any change to the outdoor dining/patio areas shall require the prior approval of the Public Works, Building, and Planning Departments. 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 Department. 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 times. 42. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan, pursuant to plan check number 0761 -2005. 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 I) City of Newport Beach Planning Commission Resolution No. Page 10 of 12 shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 43. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 44. A total of 27 parking spaces shall be maintained and available for parking at all times. The location, and dimensions of the parking spaces shall be in substantial conformance with the approved site plan dated February 5, 2008. 45. The covered parking stall adjacent to the alley as shown on the floor plan shall be designated and signed as employee parking only. This parking space shall not be further enclosed in any fashion or made unavailable for parking purposes. 46. Delivery vehicles shall not park on any public right of way while making deliveries to the site. 47. Outdoor storage of any kind is prohibited. 48. All utility connections shall be placed underground. 49. Prior to the issuance of a building permit, unless otherwise approved by the Building and Public Works Department, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shag clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in 'Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Building and Public Works Departments. Buildina Department 50. All exits shall remain free of obstructions and available for ingress and egress at all times. 51. The applicant is required to obtain all applicable pen-nits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. A City of Newport Beach Planning Commission Resolution No. Page 11 of 12 52. The project will comply with the provisions of Chapter 14.30 of the Newport Beach Municipal Code for commercial kitchen grease disposal. 53. A grease interceptor of adequate size and design shall be provided pursuant to the requirements of the Building Code and Building Department. 54. 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 maintained at all times, 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. Washing of refuse containers or restaurant equipment shall be prohibited in the parking lot and public alley. 55. Strict adherence to maximum occupancy limits is required. 56. The location of maximum occupancy postings in sections of the building/patios shall be maintained as approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and public safety personnel. 57. The proposed use of the site shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer and Building Department. These stalls shall be properly labeled and dimensioned on the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. Fire Department 58. Portable propane heaters are not allowed on the outdoor dining patio areas. Any heating units shall be installed under permit in accordance with the California Electrical Code or California Mechanical Code, 2007 Edition. 59. All commercial cooking equipment that produces grease -laden vapors must be provided with fin: protection. Hood and exhaust ducts must also be protected. Separate plans and permits approved by the Newport Beach Fire Department are required for the kitchen fire suppression system. Public Works Department 60. The project shall conform to sight distance standard 190 -L contained within the Newport Beach Design Criteria, Standard Special Provisions & Standard Drawings for Public Works Construction. Any change to the design of the project, as depicted on the plans date February 5, 2008, shall be reviewed and approved by the City Traffic Engineer. ON City of Newport Beach Planning Commission Resolution No. Page 12 of 12 61. Any change to the final design of all on -site parking, vehicular circulation and pedestrian circulation, as depicted on the plans dated February 5, 2008, sham be subject to the prior approval of the Traffic Engineer. �ko Exhibit No. 2 0 r RESOLUTION NO. 1660 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -049 AND MODIFICATION PERMIT NO. 2004 -089 FOR PROPERTY LOCATED AT 3110 NEWPORT BOULEVARD (PA2004 -273) WHEREAS, an application was filed by TC Holdings, with respect to property located at 3110 Newport Boulevard, and legally described as Lots 3,4,5,6,7,8 of Block 431 of Lancaster's' Addition to Newport Beach requesting approval of Use Permit No. 2004049 to allow additions and alterations to an exiting eating and drinking establishment and approval of a Modification Permit to allow the alteration and addition to an existing building that would encroach 4 feet within the required 10 -foot alley setback. WHEREAS, a public hearing was held on February 17, 2005 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Now, therefore the Planning Commission hereby resolves as follows: Section No. 1: The Planning Commission makes the following findings: 1. The site is designated Retail and Service Commercial by the General Plan Land Use Element. Eating and drinking establishments with the on -site alcoholic beverage service are permitted within this land use designation subject to compliance with applicable zoning regulations. 2. The project will not be detrimental to the public health, safety, peace, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: a. The project site is located in a commercially designated area and surrounding land uses are dominated by retail commercial, and visitor serving uses and some mixed residential /commercial uses are in the vicinity. The project site is not located in close proximity to other sensitive land uses such as day care centers, schools, parks and recreation facilities or places of religious assembly. b. Use of the project site for an eating and drinking establishment has occurred since the early 1970's and it has not been determined to be a public nuisance or otherwise detrimental to the community. c. Project implementation will create a more aesthetically pleasing site through an innovative design that is generally consistent with the design theme for the Cannery Village area. The use of a metal roof and open staircase provide a modest amount of marine or industrial elements that are reminiscent of the past use of the Cannery Village. Ack City of Newport Beach Planning Commission Resolution No. _ Page 2 of 10 d. The project includes conditions related to public safety, noise abatement, water quality and property maintenance that will reduce current and avoid future potential land use compatibility issues. Prohibiting music of any kind on the proposed outdoor patio, closure of the patio at 10PM and closure of the retractable roof and wall at 10PM will ensure that noise will be confined within the building during the evening and night hours. The lack of live entertainment and dancing will also reduce potential noise related issues. The addition of live entertainment or dancing is a substantial operational change that would require an amendment to this permit. e. The reduction of one parking space in association with the proposed project is not significant given the availability of street parking in the area and the fact that people in the area tend to walk or bike to the existing establishment and are likely to continue to do so. 3. The granting of the requested encroachment within the alley setback (MD2004 -089) is necessary due to practical difficulties associated with the property due to the size of the lot and the location of the existing building. A second floor addition constructed in conformance with the 10 -foot setback would require additional structural supports within the interior of the building that could lead to inefficient use of interior spaces. Other locations for the addition would either eliminate parking or eliminate the ability to have the proposed retractable roof. These hardships associated with the strict application of the setback standard result in a circumstance that is inconsistent with the purpose and intent of the Zoning Code which is to promote the growth of the City of Newport Beach in an orderly and beneficial manner while promoting and protecting the public health, safety, peace, comfort and general welfare. 4. The requested setback encroachment is compatible with existing development in the neighborhood because reduced alley setbacks within the in the Canner Village area are common. Existing buildings on the subject block, including the existing building, presently encroach within the alley setback to some degree. Additionally, two -story building mass is also common directly abutting public sidewalks and alleys. 5. The Traffic Engineer has no concerns with the proposed encroachments within the alley setback given the prior approval of the existing building encroaching 4 feet within the 10- foot setback and the fact that further encroachment is minimized. The request will effectively leave the alley approximately 20 feet in width, which presently permits adequate vehicle maneuvering. The two story building area that would result from the approval of the request complies with applicable height limits and would not directly impact any abutting property given their use and setbacks to nearby structures. 6. The project is exempt from environmental review pursuant to Section 15302 (Class 2) of the implementing guidelines of the California Environmental Quality Act. This exemption covers the replacement or reconstruction of existing public or private structures provided that they do not result in any environmental impact. The expansion of the facility is minor and the site has no significant environmental resources that would be impacted by the construction and operation of the project. �a ' City of Newport Beach Planning Commission Resolution No. _ Paoe 3 of 10 Section No. 2: The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2004 -049 and Modification Permit No. 2004 -089, subject to the conditions set forth in Exhibit "A ", the plans dated February 9, 2005. Section No. 3: This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal to the City Council is filed with the City Clerk in accordance with the provisions of Chapter 20.95 (Appeals) of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF MARCH 2005. AYES: Eaton, Cole, Toerae, Tucker, Selich, McDaniel, Hawkins NOES: None BY Larry Tucker, Chairman BY: J e, Sercretary 3� City of Newport Beach Planning Commission Resolution No. _ Pace 4 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2004-049 and MODIFICATION PERMIT NO. 2004-089 The development shall be in substantial conformance with the site plan, floor plan and elevations dated February 9, 2005. 2. Use Permit Nos. 2004 -049 and Modification Permit No. 2004 -089 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. 3. 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. 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. 5. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 6. Any change in operational characteristics, hours of operation, expansion in area, or modification to the floor plan, may require an amendment to this Use Permit or the processing of a new Use Permit. 7. The applicant shall comply with all applicable 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. 8. Should this business be sold or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified of the conditions of this approval by either the current owner /operator. Future owners, operators or assignees shall submit, within 30 days of transfer or sale of the business or alcohol license, a letter to the Planning Department acknowledging their receipt and acceptance of the limitations, restrictions and conditions of approval of this Use Permit. 9. The second floor office space shall only be used for commercial activities associated with in support the eating and drinking establishment. The office area shall not be leased or rented as a separate use. 9. City of Newport Beach Planning Commission Resolution No. _ PaAe 5 of 10 10. The two open patio areas on the second floor of the building shall not be enclosed any further than that depicted on the approved plans. 11. The second floor patio and office areas are for use by restaurant employees and owners only. Establishment patrons are restricted from accessing or otherwise using these areas. 12. 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. 13. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a gate,) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash dumpsters shall have a top, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 14. 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 Department. 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). 15. Prior to the issuance of building yen-nits, the trash enclosure design shall be approved by the Planning Department. The trash enclosure shall be enclosed by three walls, a self closing, self latching gate and have a have a decorative, solid roof for aesthetic and screening purposes. The design of the enclosure shall be integrated with the design of the other on -site buildings and structures. 16. The project shall conform to sight distance standard 110 -L contained within the Newport Beach Design Criteria, Standard Special Provisions & Standard Drawings for Public Works Construction. Final designs shall be reviewed and approved by the City Traffic Engineer. 17. All proposed signs shall be in conformance with the provision of Chapter 20.67 of the Newport Beach Municipal Code. 18. Lighting of the parking lot shall be in conformance with Section 20.82.040.A.7 of the Municipal Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. All exterior lighting fixtures shall have zero cut -off fixtures. 19. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the �3 City of Newport Beach Planning Commission Resolution No. _ Paae 6 of 10 opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 20. The authorized use of the building is an eating and drinking establishment and full meal service shall be provided during all hours of operation. The use shall not be operated as a "bar" without full meal service or a nightclub as these uses are not authorized. 21. No dancing is permitted at any time. 22. Live entertainment is permitted upon receipt of a Live Entertainment Permit issued by the City Manager. 23. Live entertainment is limited to the interior of the building and shall cease to occur at 10:OOPM. 24. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 25. The operator of the facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of 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 periods unless the ambient noise level is higher. 26. Hours of operation for the establishment are 6:OOAM and 2:OOAM daily. The 310 square foot outdoor patio located near Newport Boulevard shall be closed at 1:00AM daily. 27. The retractable roof, retractable wall, doors and windows shall be closed and remain closed after 10:OOPM daily. Ingress and egress of patrons or employees through doors shall be allowed as necessary. Between the hours of Between the hours of 7:00AM and 10:OOPM and 10:OOPM TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 6OdBA 45dBA 5OdBA ro ert L Mixed Use Pro perty 45dBA 6OdBA 45dBA 50dBA Commercial Property NIA 65dBA NIA 6OdBA 26. Hours of operation for the establishment are 6:OOAM and 2:OOAM daily. The 310 square foot outdoor patio located near Newport Boulevard shall be closed at 1:00AM daily. 27. The retractable roof, retractable wall, doors and windows shall be closed and remain closed after 10:OOPM daily. Ingress and egress of patrons or employees through doors shall be allowed as necessary. City of Newport Beach Planning Commission Resolution No. Page 7 of 10 28. Should noise emanating from the establishment create an unacceptable negative impact on the surrounding area, the Planning Director may further restrict the hours when the retractable roof, retractable wall, doors or windows are permitted to be open. This provision includes the option of requiring these features to remain closed at all times except for the ingress and egress of patrons and employees. The Planning Director may also restrict the hours of operation of the exterior patio should noise generated from use of the patio create an unacceptable negative impact on the surrounding area. 29. No audible paging system shall be utilized in conjunction with this establishment. 30. No recorded music or other type of sound amplification shall be allowed within the outdoor patio area. 31. A Special Event 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. 32. 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, including minimum drink orders or sale of drinks is prohibited. 33. All exits shall remain free of obstructions and available for ingress and egress at all times. 34. 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. 35. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the approved use shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The consumption of alcoholic beverages shall be limited to the interior of the restaurants and the outdoor dining areas only. The sale for off -site consumption of alcoholic beverages is prohibited. Any upgrade in the alcoholic 3� ' City of Newport Beach Planning Commission Resolution No. _ Paqe 8 of 10 beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 36. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 37. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 38. No "happy hour" type of reduced price alcoholic beverage promotion is permitted except when served in conjunction with food ordered from the full service menu. 39. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 40. A grease interceptor of adequate size and design shall be provided pursuant to the requirements of the Building Code and Building Department. 41. 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. 42. Prior to the issuance of building permits, approval from the Orange County Health Department is required. 43. Prior to issuance of a Building Permit, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Department. The outdoor dining /patio areas shall be required to drain into adjacent landscaping or sewer as approved by the Public Works and Building Departments and shall not drain into the storm drain system. The perimeter of the outdoor dining areas shall be secured by a railing designed to meet ABC requirements; final material, height, and location of the fence -shall be subject to approval by the Building and Planning Department staff. 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 Department. 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 times. 44. Portable heaters are not permitted on the outdoor patio dining area. J0 City of Newport Beach Planning Commission Resolution No. _ Page 9 of 10 45. Prior to the issuance of a certificate of occupancy, the location of maximum occupancy postings in section of the building /patios shall be inspected and approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and public safety personnel. 46. All commercial cooking equipment that produces grease -laden vapors must be provided with fire protection. Hood and exhaust ducts must also be protected. Separate plans and permits approved by the Newport Beach Fire Department are required for the kitchen fire suppression system. 47. Prior to issuance of a Building Permit, the proposed use shall comply with all federal, state, and local laws regulating accessibility requirements for handicapped persons, including handicapped parking spaces, to the satisfaction of the City's Traffic Engineer and Building Department. These stalls shall be properly labeled and dimensioned on the site plan. The number of handicapped parking spaces shall equal those required under California State handicapped provisions or other applicable laws or regulations. 48. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Department and the General Services Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 49. All landscape materials and landscaped areas shall be installed and 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. 50. Prior to the issuance of a certificate of occupancy, the applicant shall schedule an inspection by the Code and Water Quality Enforcement Division to confirm that all landscaping, parking facilities, lighting and required washout facilities have been installed in accordance with approved plans. 51. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 52. Prior to the issuance of building permits, the final design of all on -site parking, vehicular circulation and pedestrian circulation shall be subject to the approval of the 3I i City of Newport Beach Planning Commission Resolution No. _ Pape 10 of 10 Traffic Engineer. The location, number as dimensions of the parking spaces shall be in substantial conformance the approved site plan dated February 9, 2005. 53. The covered parking stall adjacent to the alley as shown on the floor plan shall be designated and signed as employee parking only. This parking space shall not be further enclosed in any fashion or made unavailable for parking purposes. 54. Delivery vehicles shall not park on any public right of way while making deliveries to the site. 55. Outdoor storage of any kind is prohibited. 56. All utility connections shall be placed underground 57. Prior to the issuance of a building permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Building and Public Works Departments. 3g Exhibit No. 3 51 Planning Commission Minutes 03/03/2005 Page 6 of 17 n- uwaas made by Commiss,oner Toerge to adopt General Rwl Amenngr�n P2004 -01b— hicM-is�ri amendment to the Housina Element (PA204-235r- None None f's Pub and Grill (PA2004 -273) I ITEM NO.4 10 Newport Boulevard PA2004 -273 uest to permit additions and alterations to an existing eating and drinking Approved blishment. The applicant proposes to add a retractable roof over a portion of the ling, an exterior patio adjacent to Newport Boulevard and second floor office ;e. The Modification Permit request is to permit alterations of portions of the firs and the new second floor office space that encroach 4 feet into the required 10 alley setback. Ramirez noted he has new proposed changes to the conditions of approval. iairperson Tucker noted that in the staff report, the conditions that were propose )re referred to as mitigation measures or other items that address u: aracteristics. The Planning Commissioners refer to the condition number so that is easier for them to just flip back and see what the condition actually said in the to the staff report. I would like to have that resume, otherwise we are just hunting ar cking through each one of the conditions and a lot of them are fairly boiler - plate. Mr. Ramirez noted: One that was omitted is a standard condition that requires that a Water Qu Management Plan be approved by both the Public Works Department and Building Department prior to issuance of a Building Permit. The other two are related to the side walls conditions 42 and 43. Number 42 is requirement as proposed that a six foot high wall be installed along the norther property line between Rudy's and what is the Ho Sum Restaurant. StE proposes that this condition be removed from the draft resolution after looking the narrow area, as it might be a problem for security and trash accumulation. is a 'dead' space there and staff believes that it should be left open. . Condition 43 is a requirement for a three foot wall to be constructed between parking lot and the adjacent right -of -way. Staff believes, through working with applicant and their landscape architect, we can provide landscaping in that a that would create better aesthetics than a solid wall in that area. Therefore, recommends this condition be deleted as well. Ramirez noted that a landscape plan is required to be submitted and approved Planning Department. He then stated that the applicant believes that there fommunication regarding the live entertainment and the request thereof. T licant desires to retain his right for live entertainment. If the Commission feels ti jest is workable, we have a draft condition of approval related to li Vk\ file: //H:\Plancomm \2005 \030305.htm 03/15/2005 Planning Commission Minutes 03/03/2005 Page 7 of 17 Commissioner Eaton asked abou, the proposal to delete condition 4.,'wasn't that a Pdard of the Specific Plan and do you not have a problem with deleting it? Wh 't you want to permit heaters in the outdoor area as listed in condition 41? Ramirez noted that condition 43 is a Restaurant Development standard. TI %ific Plan refers to the Restaurant Development standards. Condition 41 w ested by the Fire Department. They would allow some sort of heaters out the they don't want anything that is not bolted down or stubbed in. The Fi artment will work with the applicant so they can get some sort of heater out there. 3erson Tucker noted that before us is a use permit. Paragraph 1 in the conditioi to the floor plan is what the development shall be in substantial conformani One of the things that is not there is a pool table. Is that going away or is it on ent floor now? Right now, it has such obvious characteristics of a bar, is th lei design to have it become more of a restaurant bar as opposed to just it bar? Ramirez answered that they want to upgrade the facility to a nicer rr ifortable place to relax and have food and drink. As far as the pool table goes, discuss that and the applicant deleted it from the plans. He would have to cc k to get approval for a pool table to go in there in the future. rson Tucker affirmed that to add games or a pool table would be submitted floor plan. Selich asked about the seating arrangement. Ramirez answered that the seating arrangement would have to be in substantie ormance with what is shown on the plan in number and layout approving 88 seats. iissioner Toerge, referring to the floor plan, noted that on the ground floor the irs to be only one head serving the men's restroom. Is that currently the case? like there are three stalls for women. Is that how it is in the Code? Ramirez answered that is how it is shown on the plan. The Building Dep; looked at the plan and they have done an analysis with the applicant that plumbing and fixtures. Temple noted that if the Uniform Building Code sets forth a requirement for i the applicant will be required to provide more because your action would not legal requirements. Carson, 331 Canal Street, property owner and partner in Ruby's the following: . The inside of the building has been patched over many times to its current as a sports bar. . The building facade needs a face lift. . The menu is being changed as well as the building itself in order to gain a better{ clientele. file: //H: \Plancomm \2005 \030305.htm 03/15/2005 Planning Commission Minutes 03/03/2005 Page 8 of 17 . The pool tables were being'..sed as eating tables and so we have Jlected to hav seating tables instead and we have removed the pool table. eI The proposed outdoor patio in the front will help during the peak summer time people do not like to eat indoors. . We want to create more a family type atmosphere with this remodel. . The proposed retractable roof is to enjoy the sun and the outdoors. comment was opened. comment was closed. mmissioner Hawkins noted this is a much needed face lift. The retractable roof exciting idea. He noted his concern about the parking space loss and asked abc location of the stairwell that takes that parking space. Parking is a premium and Ad like to see if there is some way to regain that space. Ramirez answered the stairwell on the southerly side provides access to )posed new second floor offices. As designed now, it does not look to be v ough to accommodate an additional space. Whether or not striping can be modi ;ewhere may be a possibility. If that stairwell was removed then another space cc squeezed in there. The standard space width is 8 feet 6 inches, so they would h pick up a little over a foot to put a space there; however, you may lose some of Temple noted that in the report, it states that the principal reason for the loss of * is not the installation of the staircase, but the provision of Code for adeqL ticap parking, which is not a choice for this project, landscape areas and ,osed open staircase. missioner Hawkins noted that there is no way to compromise the special n ng area, but perhaps there is a way to adjust the other two to recapture Campbell noted an alternative would be to put the staircase in the alley setb-c :h would then create another issue, or, you could put that internal access inside 3urant, where space is at a premium. There are ramifications if that were to Tucker asked the applicant what the two outdoor upstairs patios are Carson answered that originally he had just a deck on top of the office space. In ig to get the net useable occupancy everything shifted around and we actually lost ce in the restaurant area. We also addressed the parking issue by cutting into the k of the building and creating a space that is now currently the freezer. That was Cher thing, we were having an issue with the Coastal Commission requirements. In front patio area we wanted to make it easy and as you walk up the staircase, that us over the 10% add -on which would have kicked us over into the Coasts emission. So, we took that out and have it as a breezeway walk -up underneath you would go into the offices. At Commission inquiry, he added that they have n file : //H:1Plancomm120051030305.htm 03/15/2005 Planning Commission Minutes 03/03/2005 Page 9 of 17 a space currently. The patio only to be used for the employet3 to get away. patio area is not for the restaurant patrons. hairperson Tucker asked if there was something in the restrictions regarding the ;ontinuing, Mr. Carson noted that closing the patio at 10 p.m. is difficult especially omparison with other restaurant patios that are allowed to be used until closing. P tr as the restriction on noise, we have no problem with not having piped in music omething to the outside after 10 p.m. There is no reason to have music out there. p tr as our patrons to be able to be out there, that does hurt us and makes it difficult tc we reach our capacity and we then have to basically remove people off the patio , 0 p.m. That would not be customer friendly and would make it difficult for us 1 inction. We agree on other things to keep the noise down such as the roof closing 0 p.m. As far as the noise, we haven't done a study but we sit at an intersection th; probably the busiest intersection down here with traffic and noise. There is also to bout widening the street, which means there will be more traffic. There is more nois reated from that intersection than is caused from that patio, so we would like to keep pen all hours of business. The patio area has a total of 6 feet of wall as a barrier. tinuing, he noted the live entertainment; they would like to have it at their bar. VI not looking to have that noise after 10 p.m., so if you want to condition that ar the timeframes, that makes sense to us. We envision a guitar being used moi ng the summer daytime. The retractable wall will be closed at 10 p.m. as there is on one of them for egress and ingress. Ramirez noted that condition 9 states that, 'the second floor office space shall used for commercial activities associated with and in support of the eating king establishment. The office area shall not be leased or rented as a sep; .' We can clarify that with second floor office space and patio area. Tucker stated that we could come up with language on condition 10. >. Temple noted that during the development of this application and the plan to me the criteria and avoid the need to go to the Coastal Commission there was a lot irk done on the design of this project. As we worked with this we were concern out the possibility of the second floor office area being leased off separately and r ad at all as part of the restaurant. The way they are proposing to use it, it would r unt as part of the floor area used to measure parking requirements. The second p it was the design of the patios did change because as they were originally propos -y looked very susceptible to enclosure for additional office space. Once again, t ncems were exceeding floor area ratio, exceeding the Coastal Commissi eshold. So these two conditions, 9 and 10, were intended to address those b ncerns. I would think that if the Commission wants to clearly state that the use of t do is not for patrons of the restaurant but only for other employees of t fablishment, that would be yet another condition. rperson Tucker noted that is where he is headed because he is concerned that inally they are asking for less than 400 square feet of addition, but when you start ig additional bodies on additional patios, even though it doesn't count as floor are it the technical definition of our code, there is a parking demand that is associated it. I personally would like that type of condition. AA file: //H: \Plancomm \2005 \030305.htm 03/15/2005 Planning Commission Minutes 03/03/2005 Page 10 of 17 (Commissioner Selich asked how ,..e patrons would get up there to use Carson answered that the patrons would actually have to walk through the kitch ugh the cooler and the bathrooms of the employees. The offices are in front : patrons would have to walk through them. At Commission inquiry, he answered ild accept an additional condition regarding patio use restriction. mmissioner McDaniel noted he has no trouble with live entertainment as it is a d as it is. He would allow the live entertainment up to 10:00 p.m. It is quieter n it is outside. He would say live entertainment inside done at 10 p.m., that his proposal. Toerge noted the request is to allow the patio to be open until 2 a.m. r. Carson noted we serve until 1:30 a.m. and then we clean up and people pay th Ils. We would like to serve breakfast on the weekends so we would like to open up a.m. Tucker noted the issues to be decided: • Outdoor patio operating hours. • Okay with the roof retraction hours. • Live entertainment up until 10:00 p.m. and staged inside. • Operating hours to open at 6:00 a.m. • Limiting the upper patios to the employees' use only. • The loss of the one parking space. outdoor patio hours: nissioner Toerge noted it would not be unreasonable to have the outdoor dinii 1 an hour or two before the close of business at 2:00 a.m. There is some offs because of the location and being so close to the road. It wouldn't create hip on the business if it were to close an hour or two before the 2:00 a.m. closh maybe at midnight. I do believe as it gets later at night that certainly aft ght the impact of the noise of the road is far less, there are residents down 31 and maybe 32nd Street that might hear the noise there. I am not sure he of a negative impact it will create for the bar if it is closed at midnight or 12:30. hairperson Tucker clarified that the property next to this establishment is zoned )mmercial below and residential above. Temple noted that there are some second floor residential in some proximity and r properties can be developed with mixed use as well. While there may be outdoor )s that have lesser regulations, this has been a standard request of the Police artment for at least the last five to eight years. That doesn't mean you can' ige it because if the context of this property is different, certainly longer operational 's would be okay. Once we get to 10 to 10:30 the ambient noise level associated 5 the road does drop pretty dramatically throughout town. file: //H:\Plancomm \2005 \030305.htm 03/15/2005 Planning Commission Minutes 03/03/2005 nissioner Toerge noted he Js no problem with extending it beyond 10 p.m., have a problem with leaving the outdoor area open past midnight. Selich asked about the restrictions on the outdoor patio of El Ranchito. Temple noted she would have to research the outdoor patio uses; however, n( El Ranchito has been there a long time and their patio is almost fully enclosed. ,sioner Eaton noted if this patio faced the water that helps the noi., ssion he would be quite concerned. Here this patio is facing a fairly bue / and intersection and assuming the retractable walls are retracted as well : f and with no amplification out on the patio, he doesn't have a problem with open until 2:00 a.m. Selich noted he has no problem with it either. )mmissioner Hawkins agreed with Commissioner Toerge's suggestion. He ibient noise goes down and so some sort of restriction is reasonable, 12:00 at a reasonable restriction. imissioner McDaniel noted the Police Department is the bigger concern than noise now. Crabby Kenny's was like midnight, if I remember right. He is concerne( it people being out there drinking until 2:00 a.m., when the crime rate goes up. has definitely been a concern in that area specifically. That is more an issue b than the noise so he is in favor of closing the patio down, and bringing then e. At least they won't be standing around outside. imissioner Toerge noted his concern of the music inside and doors opening w ple going in and out and the ambient noise going down and now it is midnight icularly 1:00 a.m., I think it creates problems. I am sympathetic to the idea ab( smoking issue, but it should be closed well before 2:00 a.m., that is too late. Id agree closing at midnight. McDaniel noted he would support midnight closure as well. ssioner Cole noted that there is a condition that allows the Planning Director the hours if there is a problem, condition 25. So, he would tend to allow them subject to that condition. If there is a problem, we can take action. Is tt Ramirez noted that the way condition 25 is written, it addresses only the the wall, etc. We could include the patio area in that condition. rson Tucker noted he supports the midnight closure. He then asked about space loss issue and asked Commissioner Hawkins what he is proposing )mmissioner Hawkins asked if there were any parking in -lieu fees that can be this location or is re- design the only option to recover the lost parking space? Page 11 of 17 Temple answered that re- design is the only option. The City did at one time have :ing in -lieu fees for commercial; however, it has been suspended by City Council. n if it is still there, the City was never willing to charge more than $150 a year. file: //H:\Plancomm \2005 \030305.htm 03/15/2005 Planning Commission Minutes 03/03/2005 �omrriissioner Hawkins noted tt'.— parking is at a premium there. If ti Bore is some o re- capture that one space I would like to see that. noted that the concept of compact parking was eliminated from the Public Wor ng Standards and that the standard parking space for all parking is 8 feet rson Tucker noted that what we can suggest that the parking configuration to the approval of the Traffic Engineer for not less than 27 spaces. Carson noted that the noise created on the patio will be going out onto a parki He would be in favor of closing at 1:00 a.m. and maybe work their way back 0 a.m. He noted that patrons are not allowed to smoke inside so they have to side to smoke. When they are outside we lose control so if they are inside we c our job and make sure that everything nuns smoothly. The other conditions we a with and have no problem. ner Hawkins noted a change needs to be made to condition 23 given of opening hours. McDaniel noted he is still in favor of the midnight hour missioner Cole noted condition 20 needs to be clarified that live entertainment i the facility and has to cease at 10:00 p.m. Ramirez noted staff will amend the conditions accordingly and add some iitions related to the live entertainment. Commission inquiry, staff noted that if there are complaints or other forms o rmunication that the conditions imposed are inadequate to maintain an acceptable eration of the business for the area, then the Commission has the right to call ai Ti for review and to impose /change conditions or initiate revocation proceedings. can use the concept of condition 25 where the condition authorizes the Director tc Cher restrict hours when the retractable roof, wall, doors or windows are permitted tc open. This option includes the option of requiring these features to remain closed a times except for the ingress and egress. A similar condition can be drafted regardinc patio, which simply says that if you are authorizing whatever hours on the outdoo do that if problems are incurred that the Director has the authority to reduce the urs of operation. immissioner Toerge noted he finds the applicant's position rather compelling % smoking and control of the patrons as they go outside and the ability to c sm on the patio. Maybe the 1:00 a.m. is more reasonable, he just has a pr( :h closing at 2:00 a.m. So long as we expand that condition and make it very it should there be complaints, we will call it up for review. I would be more irn accept the applicant's request for the patio closure time. Page 12 of 17 irperson Tucker noted that the proposal is now for 1:00 a.m. with the additional tition that the Planning Director, if there are problems, has the ability to modify the 's of operation. So basically instead of 12:00 it is 1:00 a.m. with what was tested by staff. Temple noted that either the Director on his/her own authority has the authority t file: //H:\Plancomm\2005 \030305.htm 03/15/2005 Planning Commission Minutes 03/03/2005 Page 13 of 18 I. He would be in favor of closing at 1:00 a.m. and maybe work their way back 00 a.m. He noted that patrons are not allowed to smoke inside so they have to Aside to smoke. When they are outside we lose control so if they are inside we c our job and make sure that everything runs smoothly. The other conditions we c ce with and have no problem. Hawkins noted a change needs to be made to condition 23 given of opening hours. missioner McDaniel noted he is still in favor of the midnight hour iissioner Cole noted condition 20 needs to be clarified that live entertainment the facility and has to cease at 10:00 p.m. Ramirez noted staff will amend the conditions accordingly and add some iitions related to the live entertainment. Commission inquiry, staff noted that if there are complaints or other forms c nmunication that the conditions imposed are inadequate to maintain an acceptablc aration of the business for the area, then the Commission has the right to call ac n for review and to impose /change conditions or initiate revocation proceedings. can use the concept of condition 25 where the condition authorizes the Director tc Cher restrict hours when the retractable roof, wall, doors or windows are permitted tc open. This option includes the option of requiring these features to remain closed a times except for the ingress and egress. A similar condition can be drafted regarding patio, which simply says that if you are authorizing whatever hours on the outdoo Jo that if problems are incurred that the Director has the authority to reduce the ,irs of operation. immissioner Toerge noted he finds the applicant's position rather compelling smoking and control of the patrons as they go outside and the ability to c ;m on the patio. Maybe the 1:00 a.m. is more reasonable, he just has a pn :h closing at 2:00 a.m. So long as we expand that condition and make it very it should there be complaints, we will call it up for review. I would be more in accept the applicant's request for the patio closure time. erson Tucker noted that the proposal is now for 1:00 a.m. with the additic :)n that the Planning Director, if there are problems, has the ability to modify of operation. So basically instead of 12:00 it is 1:00 a.m. with what cted by staff. Temple noted that either the Director on his/her own authority has the authority uce the hours, or that the Director clearly has the obligation to bring this back it review. We can do it either way, it is just how much you think the Commissi :ds to be involved. nmissioner Toerge noted that if there is an issue, then we can review it. If it is no issue, then we don't see it. With that in mind if we modify the language to inc ej outdoor patio, I am in favor of 1:00 a.m. closing the patio and verified that he is inging condition 25 to add the outdoor patio. Lkq file: //H:1Plancomm120051030305.htm 05/18/2005 Planning Commission Minutes 03/03/2005 Page 14 of 18 nmissioner McDaniel stated that the parking lot belongs to these people too. Tt a place in Corona del Mar where there was noise and people throwing trash n and we made them put guards on the gates, etc. and run people off that H king out there and causing trouble. My concern is that these people, whatever t doing at midnight, if they are going outside, that is still going to be a problem in imunity that is happening on their property. He really believes midnight is pl( at night for this establishment for not to be causing trouble in the neighborhood. iairperson Tucker then canvassed the Commission: Commissioners Eaton and )lich were okay with 2:00 a.m. so they are okay with 1:00 a.m. )mmissioner Eaton answered yes, as long as the language is added to condition 2 add the patio. )mmissioner Selich answered yes, )mmissioner Cole answered yes. )mmissioner Toerge answered yes. Alon was made by Commissioner Toerge to approve Use Permit 2004 -049 and Aification Permit No. 2004 -089 (PA2004 -273) subject to the findings and condition approval contained within the resolution with the following modifications: • Live entertainment be permitted inside until 10:00 p.m. • The hours of operation be from 6:00 a.m. to 2:00 a.m. • The patio is obligated to close at 1:00 a.m. • Restrict the access and the use of the second floor patios from the use of restaurant patrons. • The 27 car parking is adequate. • Condition 25 shall be edited to include outdoor patio. • Live entertainment permit needs to be allowed by the City Manager prior to live entertainment at the establishment. • Delete conditions 42 and 43. • Add the standard condition regarding Water Quality Management Plan. yes: Eaton, Cole, Toerge, Tucker, Selich, McDaniel and Hawkins Noes: None bsent: None bstain: None BJECT: Chris Brigandi (PA2005 -001) ITEM NO. 5 500 31 st Street PA2006 -001 ie applicant requests the establishment of a height limit in excess a 26 -foot bas Approved nit pursuant to Section 20.65.055 of the Municipal Code. pplicant proposes t )nstruct a mixed use building with an average roof of 30 feet and 9 inches and peak height of 32 feet approximately nairperson Tucker asked abo width of the sidewalk in the public right -of -way) I file: //H: \Plancomm \2005 \030305.htm 05/18/2005 Exhibit No. 4 5\ lei flpg WIN g a oi;a_ HP p 6 lei flpg WIN gg gg S $d$R E� 59 ka EIS Yla:k �� S S Y x §g,;a�� g:$� I�a�� 3 � � a g � zc a � m S N jewwgns jumpedep Bumusid ss-' w�a aoat N z6 V dOo uoa M woznw jw ww to wd avemzan a zoocoazaw �w ssrcoozra "c i d 0 g H HP p S S Y x §g,;a�� g:$� I�a�� 3 � � a g � zc a � m S N jewwgns jumpedep Bumusid ss-' w�a aoat N z6 V dOo uoa M woznw jw ww to wd avemzan a zoocoazaw �w ssrcoozra "c i d 0 k R.p fill �A a ki ` k �$k �9e �g€ 'oil l ins s nags Re €R I1a �a- sonz6 MNtl03ntl� ma;Nm 6'd OUVAWJaOH IZIOJAXN OlTO 3 ZOZ MM - V r d, V '3 oos� TURD V HIId S,X(MM q € € $ g �H� gg£Pdtl6 Zi all ad€ TyfiS yy3 - i 0 0 (D mans &'CELL am e r 'HAY 3,L,La)LVAYI ' &— I AVM e F mW ffi E- m MA 0 a 411 001 a� e o pull a 5 i 'll !I e 141 ' a jigg g m t 5$w �a € €k :fig N1 51 r�s gasnR �ecg � &rY as R@ �s° gill q� € k� R$a §$I lit 5R a�2oi. p e p A $ # !A,1 3.P� R pg gl¢ FR I to - K is d o - t'O <_ 6` g> mo e g $ bumueld CLe — §k 5( " a 'ne q t 6 G` _ le e 4 IL i i I I i _yg wg�g� I , I 1 I I ° I I RPM ; 3 •= o $ 9 jeWwpns;uawNedep finueld I € 9 € i € € = {$1 s Ila 5� O N - 1 1 11 1� ��III ism 1 �� Y �� Vlf�ttlgEI �p� cur 6 s #... 5f� �'Fj ts✓� 79M all F�ttV�.{$ I en�3fpp'„�nq -- g lipy�y i m % i 1 -- - - �. �a�l- 1 JI 1111 111 111 4 11 - _ 3'Ix 1E%'�illittr$i F"a ��1411u111 $� 11111 �Y IIFI 1 11111 GLCYF Wbifl nY IIII 11 Ij�* — �— Ek r Py 4h�1 Y= �§ Cir (fAm��r gY21# 111'11 Ii�T� Ijlll wC x21 %fry y4�t €v�.'S wi+ LW t" IR Y.r2 r4+i E:1 - &154 YnE,% i111111 'i1111 _ O— WW'�Y✓.' #�N`IF N#R f - - _ - i �/