HomeMy WebLinkAboutExhibit 4City of Newport Beach
Planning Commission Minutes
April 8, 1999
morals, comfort and general welfare of persons residing or working in
the neighborhood or be detrimental or injurious to property or
improvements in the neighborhood or the general welfare of the City
the following reasons:
• The use of the structure for other than storage use will
a,x create undue traffic hazards along Bayside Drive.
• Tft, conversion of the storage area to living area will
adversely effect the use the subject property and those
in the s wounding neighborhood.
• Improverhents to the storage area have been
completedK,without the necessary approvals and
permits.
• The addition of liv Pg area within the front yard setback
on Bayside Drive NN etrimental to the neighborhood
due to the more int&Rse utilization of the area along
Bayside Drive. "
• Additional living area ca„ be accommodated within
the buildable area of the lot °a,
Additional Condition for Modification No. 4538
The use of the area above the garage shall be limiTV exclusively to
storage only, and that the area shall be returned t and remain
"unfinished, non - habitable" storage area only, and shall noe used for
living purposes, and the storage area above the garage shall b returned
to an "unfinished, non - habitable" condition within 90 days of the eeting
which a final decision was made.
INDEX
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SUBJECT: Galeos Cafe (Andrei Leontieff, contact person) Item No. 2
930 West Coast Highway UP No. 3649
• Use Permit No. 3649
Request to convert an existing specialty food service establishment (Specialty Approved
Food Service Permit No. 61) to a full- service, small -scale eating and drinking
establishmentwith alcoholic beverage service. The application also includes a
request to establish a new alcoholic beverage service outlet pursuant to
Chapter20.89 of the Municipal Code.
Public comment opened.
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Andr6 and Gordana Samardzic owners of the caf6 stated that they are just
about breaking even with the service of breakfast and lunch. They hope that
by applying for alcoholic beverage service they can generate business during
the evening.
Public comment was closed.
Motion was made by Commissioner Gifford to approve Use Permit No. 3649
pursuant to the findings and conditions set forth in Exhibit A attached.
Ayes:
Fuller, Ashley, Selich, Gifford, Kranzley and Hoglund
Noes:
None
Absent:
Tucker
Abstain:
None
EXHIBIT "A"
FINDINGS AND CONDITIONS OF APPROVAL FOR
Use Permit No. 3649
Findings:
The Land Use Element of the General Plan designates the site for "Retail
and Service Commercial" use. A restaurant use with alcoholic
beverage service is considered a permitted use within this designation
and is consistentwith the General Plan.
2. The project has been reviewed, and it has been determined that it is
categorically exempt under Class 1 (Existing Facilities) requirements of
the California Environmental Quality Act.
3. The waiver of restaurant development standards as they pertain to the
site, off- street parking, landscaping and walls surrounding the restaurant
site will not be detrimental to surrounding properties. The project meets
the purpose and intent of the development standards of the Municipal
Code for restaurants (full- service, small scale eating and drinking
establishment) and will not be achieved to any greater extent by strict
compliance with those requirements if the Planning Director approves
this application,for the following reasons:
The existing physical characteristics of the site are not proposed
to be altered.
Walls would adversely impact existing traffic circulation on the
subject property from West Coast Highway.
The some purpose or intent of the required walls surrounding the
property to control noise can be achieved by the
recommended limitation on the hours of operation which should
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prevent potential noise problems.
• The change to the restaurant facility from Specialty Food does
not constitute a significant change which warrants an increase
in landscape area.
4. The proposed project is consistent with the purpose and intent of
Chapter 20.89 of the Zoning Code (Alcoholic Beverage Outlets) for
the following reasons:
• The convenience of the public can arguably be served by the
sale of desired beverages in a restaurant setting.
• The project is in an area where the crime rate is less than the
citywide average.
• The percentage of alcohol - related arrests in the police
reporting district in which the project is proposed is less than
the percentage citywide, and the adjacent reporting districts
are slightly higher than the citywide percentages due to more
commercial land uses in these reporting districts.
• There are no day care centers, schools, or park and recreation
facilities in the vicinity of the project site, though there are
residential uses located on the bluff overlooking the property.
However, the project is not expected to be a problem since it
is oriented so that the activity is directed away from the
residential uses.
5. Approval of Use Permit No. 3649 to permit a full- service small -scale
restaurant with service of on -sale alcoholic beverages will not, under
the circumstances of the case be detrimental to the health, safety,
peace, morals, comfort and general welfare of persons residing or
working in the neighborhood or be detrimental or injurious to property or
improvements in the neighborhood or the general welfare of the City
and is consistent with the legislative intent of Title 20 of this Code for the
following reasons:
• The restaurant use is compatible with the surrounding
commercial uses since restaurant uses are typically allowed in
commercial districts.
• Conditions of approval have been included which should
prevent problems associated with the service of alcoholic
beverages and noise.
• Adequate on -site parking is available for the existing and
proposed uses.
• The proposed use is a continuation of the existing food service
use which serves the residential and commercial uses and
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visiting tourists in the area.
• The alcoholic beverage service is incidental to the primary use
of the facility as a restaurant.
• The establishment will provide regular food service from the full
menu at all times the facility is open.
• Because the restaurant does not have a bar area specifically
designed for the service of alcoholic beverages, the potential
number of Police and Department of Alcoholic Beverage
Control problems in the area should be minimized.
• A finding of public convenience and necessity can be made
based on the public's desire for a variety of beverage choices in
a restaurant setting.
• The design of the proposed improvements will not conflict with
any easements acquired by the public at large for access
through or use of propertywithin the proposed development.
Conditions:
The development shall be in substantial conformance with the
approved site plan, floor plan and elevations, except as noted below.
2. All applicable conditions of approval of Specialty Food Service Permit
No. 61 shall no longer remain in effect.
3. The interior dining area shall be limited to 20 seats maximum as
delineated on the approved floor plans.
4. One parking space for each 3 seats (8 parking spaces) shall be
provided on -site.
5. The development standard pertaining to the site, perimeter walls, off -
street parking and landscaping shall be waived.
6. No outdoor loudspeaker or paging system shall be permitted in
conjunction with the proposed operation.
The approval is only for the establishment of a restaurant type facility as
defined by Title 20 of the Municipal Code, as the principal purpose for
the sale or service of food and beverages.
8. This approval shall not be construed as permission to allow the facility
to operate as a bar or tavern use as defined by the Municipal Code,
unless a use permit is first approved by the Planning Commission.
The type of alcoholic beverage license issued by the California Board of
Alcoholic Beverage Control shall be limited to "beer and wine" and
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only in conjunction with the service of food as the principal use of the
facility. Any upgrade in the alcoholic beverage license shall be subject
to the approval of an amendment to this application and may require
the approval of the Planning Commission.
10. Should this business be sold or otherwise come under different
ownership, any future owners or assignees shall be notified of the
conditions of this approval by either the current owner or leasing
company.
11. This approval is for on -sale alcoholic beverage service only. The off -sale
of alcoholic beverages for off -site consumption is prohibited.
12. Alcoholic beverage service shall be permitted in the outdoor dining
area upon approval of the Police Department and the State
Department of Alcoholic Beverage Control.
13. Loitering, open container, and other signs specified by the Alcoholic
Beverage Control Act shall be posted as required by the ABC.
14. 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.
15. Alcoholic beverage sales from drive -up or walk -up service windows shall
be prohibited.
16. No live entertainment or dancing shall be permitted in conjunction with
the permitted use.
17. Upon evidence that noise generated by the project exceeds the
noise standards established by Chapter 20.26 (Community Noise
Control) of the Municipal Code, the Planning Director may require
that the applicant or successor retain a qualified engineer specializing
in noise /acoustics to monitor the sound generated by the restaurant
facility to develop a set of corrective measures necessary in order to
insure compliance.
18. The hours of operation shall be limited between 7:00 a.m. and 12:00
midnight, daily.
19. The exterior of the alcoholic beverage outlet shall be maintained free of
litter and graffiti at all times. The owner or operator shall provide for
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daily removal of trash, litter debris and graffiti from the premises and on
all abutting sidewalks within 20 feet of the premises.
20. Full menu food service items shall be available for ordering at all times
the restaurant establishmentis open for business.
21. 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. To qualify
to meet the requirements of this section a 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 complywith the requirementsof
this section within 180 days of the issuance of the certificate of
occupancy.
22. 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.
Standard Requirements
1. The project is subject to all applicable City ordinances, policies, and
standards, unless specifically waived or modified by the conditions of
approval.
2. The on -site parking, vehicular circulation and pedestrian circulation
systems be subject io furtherreview by the City Traffic Engineer.
3. All signs shall conform to the provisions of Chapter20.06 of the Municipal
Code.
4. The proposed restaurant facility and related off - street parking shall
conform to the requirementsof the Uniform Building Code.
5. All improvements shall be constructed as required by Ordinance and
the Public Works Department.
6. Public Improvement may be required of a developer per Section
20.91.040 of the Municipal Code.
The project shall comply with State Disabled Access requirements.
8. This Use Permit for an alcoholic beverage outlet granted in
accordance with the terms of this chapter (Chapter 20.89 of the
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Newport Beach Municipal Code) shall expire within 12 months from
the date of approval unless a license has been issued or transferred
by the California State Department of Alcoholic Beverage Control
prior to the expiration date.
The Planning Commission may add to or modify conditions of approval
to this Use Permit or recommend to the City Council the revocation of
this Use Permit upon a determination that the operation which is the
subject of this Use Permit causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the community.
10. This Use Permit shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.80.090A of the Newport
Beach Municipal Code.
Caffe Milano, Inc. (dbo Bistro Le Crilion)
2523 Eastbluff Drive
• Use Permit No 3651
INDEX
Item No. 3
UP No. 3651
Request to Oblavert an existing specialty food service establishment (Specialty Approved
Food Service P it No. 2) to a full- service, small -scale eating and drinking
establishment with Icoholic beverage service. The application also includes a
request to establish d1kew, on -sale alcoholic beverage service outlet pursuant
to Chapter 20.89 of the nicipal Code.
Ms. Temple stated that it ca to staff's attention earlier that day that there
was some confusion related to t level of alcoholic beverage license that the
applicant is pursuing. Parts of his pication refer to beer and wine license
only and other parts refer to a full s ice restaurant license. therefore, she
consulted with the Police Department i Bards to whether the different type
of ABC (Alcohol Beverage Control) license a would create a problem in this
particular location. Based on that conversati and particularlythe location in
the Eastbluff shopping center and in an area w e there are very few alcohol
related problems, it is the opinion of the Police epartment they have no
problem allowing this particular application to be roved with full service
alcohol. From staff's point of view, we rely on the Police artment'sopinion in
this regard and so, if the Planning Commission is comforta with the different
type of license requested by the applicant, there would be o changes to
Exhibit A for approval.
Finding 6, the fifth bullet point would be modified to eliminate the mere
to beer and wine
Condition 5 would be altered to say, ........shall be limited to restaurant
full alcohol beverage service.......:'
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Exhibit No. 5
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