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Home My WebLink About2.0_Gina's Pizza Minor Use Permit_PA2011-006CITY OF NEWPORT BEACH PLANNING COMMISSION 2011 Hearing Agenda Item No. SUBJECT: Gina's Pizza Minor Use Permit - (PA2011 -006) 3142 Balboa Boulevard • Minor Use Permit No. UP2011 -002 APPLICANT: Andrew Costa PLANNER: Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan @newportbeachca.gov PROJECT SUMMARY A minor use permit to allow a food service, eating and drinking establishment with no late hours, an outdoor dining area, and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Minor Use Permit No. UP2011 -002 subject to the findings and conditions in the attached Draft Resolution (Attachment No. PC 1). INTRODUCTION Project Setting The sub�ect property is bounded by Newport Boulevard, Balboa Boulevard, 30th Street, and 32" Street. The area in the vicinity of the project site is developed with residential uses across 32 "d Street and Balboa Boulevard. The shopping center is currently closed for renovation and will reopen this summer as "The Landing ". Gina's Pizza would occupy space provided as a part of the 2,515 - square -foot addition along the western wing of the existing retail shops with the closest access from Balboa Boulevard. Access to the existing shopping center is obtained through driveways along 32nd Street, Newport Boulevard and Balboa Boulevard. The area of the subject property is 163,786 square feet (approximately 3.76 acres). Gina's Pizza Minor Use Permit April 21, 2011 Page 2 VICINITY MAP ' tI ell °� `JJ ) .)116 f � J "¢4 J�.•,� ` '' , .y J ! X1515] i w Jry � F •J .F Pte. U a PROJECT SITE �a,9 �.L I'T _ ..dal i �•} �', {! GENERAL PLAN ZONING ) LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE CN (Neighborhood CN (Commercial Vacant (under construction) Commercial ) Neighborhood) Landing Sho in Center NORTH RT (Two -Unit Residential) R -2 (Two -Unit Single -unit and two -unit Residential ) dwellings SOUTH RT R -2 Retail, public parking lot, and single-unit and two -unit dwellings On -site vacant (under EAST CN CN construction) Landing Shopping Center WEST RT R -2 Single -unit and two -unit dwellin s Gina's Pizza Minor Use Permit April 21, 2011 Page 3 Background The renovation of the existing shopping center was approved through Use Permit Nos. UP2009 -037, UP2010 -002, and Parcel Map No. NP2009 -013 (PA2010 -153) in February of 2010. Included in the approval was a waiver of five required off - street parking spaces through the approval of a parking management program. An additional parking waiver for three parking spaces was approved in December 2010. Two new food service, eating and drinking establishments were approved within the shopping center for Chipotle Mexican Grill at 3101 Newport Boulevard through Use Permit No. UP2010 -015 and Outdoor Dining Permit No. OD2010 -004 (under the expired Zoning Code); and Crow Burger at 3107 Newport Boulevard through Minor Use Permit No. UP2010 -036 which, also includes outdoor dining. Proiect Description The applicant requests approval of a minor use permit to allow a food service, eating and drinking establishment with no late hours, an outdoor dining area and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The gross floor area of the establishment is 2,083 square feet and the interior net public area will be 816.11 square feet with a maximum of 50 seats. A proposed 458- square- foot outdoor dining area will be partially covered with a maximum 22 seats, and a fire pit. The requested hours of operation of the restaurant are 7:00 a.m. to 10:00 p.m., Sunday through Thursday; 7:00 a.m. to 11:00 p.m. Friday and Saturday; and 7:00 a.m. and 10:00 p.m., daily for the outdoor dining area. Per the Zoning Code, the review authority for minor use permits for food service, eating and drinking establishments with no late hours is the Zoning Administrator. However, per Zoning Code Section 20.62.040 the Zoning Administrator elected to refer this application to the Planning Commission for consideration and final decision, due to recent hearings and discussions regarding the shopping center. Please see the memorandum from the Zoning Administrator found in Attachment No. PC 2. DISCUSSION General Plan /Coastal Land Use Plan /Zonin The Zoning District is Commercial Neighborhood (CN) for the subject property. The General Plan and Local Coastal Program Coastal Land Use designation is Neighborhood Commercial (CN). The CN land use category is intended to provide for a range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The proposed eating and drinking establishment is consistent with this land use category. Gina's Pizza Minor Use Permit April 21, 2011 Page 4 Outdoor Dinin The proposed establishment includes a 458 - square -foot outdoor dining area that accommodates 22 seats. The outdoor dining area is located westerly of the interior dining within a triangular area adjacent the rear property line of the existing Gallo's sandwich shop. At its closest point the area is approximately 18 feet from the residential property to the south. The interior of the establishment will open to the outdoor dining area through a single door. A 36- inch -tall railing, which is compliant with ABC licensing requirements, will provide a barrier from the adjacent the shopping center walkway and parking lot. The outdoor dining area will be partially covered by an open beam trellis structure adjacent to a 6- foot -tall prefab stucco wall parallel to the property line shared with Gallo's. The draft resolution includes a condition that requires the closure of the door opening from the interior to the outdoor dining by 10:00 p.m. daily to minimize the impacts of noise to the surrounding neighborhood. Additionally, the design of the outdoor dining area will include a 3- foot -11- inch -high, inch -thick tempered glass extension attached to the trellis to overlap the existing 6 -foot wall providing a 9- foot -5- inch -tall combination barrier. This design is consistent with the recommendation found in the Acoustical Report (Attachment No. PC 6) to reduce noise levels to meet the requirements of Section 10.26 of the Municipal Code and mitigate noise nuisance to the residential properties to the south. Also, consistent with the recommendation in the Acoustical Report, the tempered glass will extend past the patio service corridor toward the rear of the shopping center an additional 10 feet for a total length of 50 feet. Section 10.26.025 provides maximum allowable exterior noise levels. If the measurement location is between two different zones the lower noise level standard applicable to the noise zone shall apply. The subject property is within approximately 18 feet, at its closest point, to a residential property. Therefore, Noise Zone I for single, two or multiple family residential which has a maximum exterior daytime (7:00 a.m. to 10:00 p.m.) noise level of 55 dBA applies unless the existing ambient noise level is higher as indicated in the Acoustical Report. The ambient noise level from adjacent Balboa Boulevard is 59.8 dBA. The Acoustical Report concluded that with the 9- foot -5- inch -tall combination barrier the normal voice conditions would be reduced to 44.1 dBA and the worst case condition (22 people speaking at once) would be reduced to 54.1 dBA. The worst is case is below the 55dBA and well below the ambient noise level from adjacent Balboa Boulevard. The Police Department agrees that the closing hour of 10:00 p.m. for the outdoor dining area and providing the combination barrier is sufficient to minimize the impact of noise to the neighboring residential areas and reduce the impact that the alcohol license will have on the community, police related activities, and calls for police services. As a result, Planning Division staff believes this measure is sufficient to limit the potential Gina's Pizza Minor Use Permit April 21, 2011 Page 5 impacts to the surrounding community and that the closing hour will effectively mitigate the potential negative impacts of the proposed outdoor dining area. Alcoholic Beverage Sales The Police Department has prepared an Alcohol Related Statistics report (Attachment No. PC 3) for the project site. The data from the Alcohol Related Statistics Report is incorporated into the factors for consideration, provided below. Factors to Consider Section 20.48.030 (Alcohol Sales) requires the Planning Commission to consider certain factors when making the required findings to approve the Use Permit. A discussion of these factors in support of the Use Permit is provided below. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people) RD No. 15 343 242 11,506.43 RD No. 13 112 79 5,812.62 RD No. 16 167 107 6,003.49 Newport Beach 2,884 3,350 3,297.31 The establishment is located within Reporting District 15, which includes McFadden Square, Cannery Village, and Lido Marina Village. The Part One Crimes Rate in Reporting District 15 (RD 15) is higher than the Part One Crimes Rate for the City and adjacent districts (For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC 4). The crime rate in this reporting district is 484 percent above the City wide reporting district average. The higher crime rate within this reporting district is largely due to the combination of the number of visitors to the Balboa Peninsula, the high concentration of alcohol licenses, and high ratio of non - residential to residential uses in the area. While the proposed establishment is located in an area which has a higher than average concentration of alcohol licenses, staff feels it is appropriate to allow the sale of alcohol with the proposed eating and drinking establishment because the of the type of food service with no late hours and that the renovated shopping center has been designed to accommodate eating and drinking establishments. Additionally, alcohol related calls for service have not been an issue in the past for the existing shopping center and the Police Department is not concerned with the approval of this operation as conditioned including the additional alcohol license. 2. The numbers of alcohol- related calls for service, crimes, or arrests in the reporting district and the adjacent reporting districts. Gina's Pizza Minor Use Permit April 21, 2011 Page 6 Reporting District DUI /Drunk Arrests Total Arrests Calls for Service RD No. 15 361 796 6,663 RD No. 13 39 161 2,554 RD No. 16 110 323 3,261 Newport Beach 1,270 3,595 62,294 RD 15 has a higher number of DUI /Drunk Arrests, Total Arrests, and Calls for service recorded in 2009 compared to the adjacent reporting districts. The existing Gina's Pizza location in Corona Del Mar received no notable police related activity in the past year. Prior to renovation, the shopping center did not accommodate any uses which possessed ABC licenses allowing alcohol sales for on -site consumption. The existing shopping center had not been subject to a significant number of alcohol related calls for service in the past and the renovated shopping center has been designed to accommodate eating and drinking establishments. The Police Department does not have a concern with the proposed operation with recommended conditions and staff believes that the additional license is not expected to exacerbate calls for service. 3. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. The proposed outdoor dining area is approximately 18 feet, at its closest point, to a residential property to the south. The draft resolution has been conditioned to require the closure of the door opening from the interior to the outdoor dining area by 10:00 p.m. daily to minimize the impacts of noise to the surrounding neighborhood. Additionally, the design of the outdoor dining area will include a 9- foot -5- inch -tall combination prefab stucco and tempered glass barrier. This combination barrier is designed reduce noise levels to meet the requirements of Section 10.26 of the Municipal Code and mitigate noise nuisance to the residential properties to the south. The nearest recreational facility, the 32nd Street Beach, is located approximately 600 feet to the west of the subject property. The nearest church, St. James Anglican Church, is located approximately 1,300 feet to the northeast of the subject property. The project site is not located in close proximity to a daycare center or school. The proposed use is also surrounded by other commercial uses including several other eating and drinking establishments. The Balboa Peninsula in general is characterized by a high number of visitors in which commercial and residential zoning districts are located in close proximity to one another. The draft resolution has been conditioned to minimize negative impacts that the proposed eating and drinking establishment may have to surrounding land uses and ensure that the use remains compatible with the surrounding community. 4. The proximity of the other establishments selling alcoholic beverages for either off - site or on -site consumption. Gina's Pizza Minor Use Permit April 21, 2011 Page 7 The location of the proposed establishment is in close proximity to several establishments with alcohol licenses including Chipotle, Crow Burger, Malarky's Irish Pub, Rudy's, Ho Sum Bistro, and Pavilions. The Police Department has prepared an Alcohol Related Statistics report for the project site that indicates an over concentration of alcohol licenses within this statistical area. Reporting District Active ABC License Per Capita RD No. 15 79 1 per 38 residents RD No. 13 6 1 per 321 residents RD No. 16 6 1 per 464 residents County-wide 5,589 1 per 542 residents The per capita ratio of 1 license for every 38 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses and low number of residential properties (For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC 4). Despite a higher than average concentration, this additional license is not expected to be detrimental because the small size of the establishment and the limited hours of operation. 5. Whether or not the proposed amendment will resolve any current objectionable conditions. The Zoning District for the subject property specifies that the designated land use is intended to serve both residents and visitors. The shopping center and its close proximity to the beach and other commercial districts create a neighborhood focal point for both residents and visitors to stop and eat as they visit the Balboa Peninsula. Adding beer and wine to the menu will compliment the food service and will be provided for the convenience of customers. The draft resolution has been conditioned to limit objectionable conditions due to noise and trash at the subject establishment. The Police Department has no objections to the operation as proposed principally given the proposed hours of operation, license type, and overall size of the use. The Police Department has reviewed the concentration and crime statistics and the potential impact of the proposed application on crime and police services and recommends approval of the establishment with a Type 41 ABC license with a closing hour of 10:00 p.m. Sunday through Thursday; 11:00 p.m. Friday and Saturday; and 10:00 p.m. daily for the outdoor dining area. This closing time will avoid increased crime and minimize the demand on police services in this area. The Type 41 alcohol license and limited hours of operation effectively eliminate the conversion of the establishment into a late hour bar or tavern. The Police Department has provided recommended conditions of approval related to design and security of the establishment. In addition, all employees serving alcohol will be required to receive Gina's Pizza Minor Use Permit April 21, 2011 Page 8 ABC - required Licensee Education on Alcohol and Drugs (LEAD) training. Refer to Attachment No. PC 5 for a copy of the Police Department Recommendation. Parking The approved parking management plan requires that the shopping center be parked at a rate of one space per 200 square feet of gross floor area and allows for eating and drinking establishments to occupy a maximum 15 percent of the gross floor area. Gina's Pizza is the third eating and drinking establishment to request authorization within the shopping center under renovation, and it falls within the 15 percent allotted for eating and drinking establishments. The proposed project combined with previously permitted eating and drinking establishments accounts for 87 percent (6,224 square feet) of the gross floor area allotted for, eating and drinking establishments. Staff has prepared a table to track restaurants within the shopping center to ensure that uses do not exceed allowed limits and to ensure compliance with the parking requirements of the approved parking management plan (Attachment No. PC 6). REQUIRED FINDINGS Use Permit Findings In accordance with Section 20.52.020 F, the Planning Commission must make the following findings for approval: 1. The use is consistent with the General Plan and any applicable specific plan. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Additionally, In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following finding for a use permit is set forth: Gina's Pizza Minor Use Permit April 21, 2011 Page 9 1. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. In summary, staff believes the findings for approval can be made and the facts in support of the required findings are presented in the draft resolution (Attachment No. PC 1). The proposed use is consistent with the General Plan, Local Coastal Program Coastal Land Use Plan, and Zoning Code. Adequate parking is provided for the project site within the parking pool provided for the shopping center. The hours of operation are compatible with uses in the area and the 10:00 p.m. closing hour Sunday through Thursday, 11:00 p.m. closing hour Friday and Saturday, and 10:00 p.m. closing hour daily for the outdoor dining area will ensure the establishment does not operate as a late hour bar or lounge. Beer and wine will be provided as a convenience to the public, and operational conditions of approval recommended by the Police Department have been included to ensure the restaurant is compatible with the surrounding neighborhood. The 9- foot -5- inch -tall combination barrier will reduce anticipated noise levels to meet the requirements of Section 10.26 of the Municipal Code and mitigate noise nuisance to the residential properties to the south. Alternatives If the Planning Commission does not believe the findings for approval can be made, the Planning Commission may deny the subject application. In addition, the Planning Commission may approve a modified project or modify conditions of approval to address areas of concern. Environmental Review The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. The proposed project involves the establishment of a restaurant in an existing tenant space. The proposed use is less than 2,500 square feet. Therefore, the use qualifies for a categorical exemption under Class 3. 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: Melinda Whelan, Assistant Planner ATTACHMENTS Gina's Pizza Minor Use Permit April 21, 2011 Page 10 Submitted by: Gregg Rar6iro z, Senior Planner PC 1 Draft Resolution and Conditions of Approval PC 2 Letter from Zoning Administrator PC 3 Alcohol Related Statistics PC 4 Newport Beach Reporting Districts Map PC 5 Police Department Recommendation PC 6 Acoustical Report PC 7 The Landing Square Footage Tracking Table PC 8 Plans PC 9 Photos F: \Users \PLN \Shared \PA's \PAs - 2010 \PA2010 - 155 \PA2010 -155 PC Rpt.docx Tmpll: 11/23/09 Attachment No. PC 1 Draft Resolution and Conditions RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2011 -002 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH NO LATE HOURS, OUTDOOR DINING, AND A TYPE 41 (ON SALE BEER AND WINE, EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE LOCATED AT 3142 BALBOA BOULEVARD (PA2011 -006). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Andrew Costa, with respect to property located at 3142 Balboa Boulevard, and legally described as Lots E, F, and H on Parcel Map, as per map filed in book 32, page 41 of Parcel Maps, in the office of the County Recorder in the County of Orange, together with that portion of Lake Avenue shown as Parcel "G" on said Parcel Map, vacated and abandoned by Resolution No. 1012 of the City Council of Newport Beach, recorded May 15, 1981 as Instrument No. 40308 in book 14079, page 939 of official records in the office of said County Recorder, also together with a portion of Section 28, Township 6 south, range 10 west, San Bernardino Meridian, as per Parcel Nos. 1, 2, and 3 of the official plat filed in the district land office. August 4, 1980 requesting approval of a minor use permit. 2. The applicant proposes a food service, eating and drinking establishment with no late hours, outdoor dining and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The gross floor area of the establishment is 2,083 square feet, the interior net public area will be 816 square feet, and the outdoor dining area will be 458 square feet. The establishment will provide a maximum of 50 interior seats and 22 exterior seats. The hours of operation are from 7:00 a.m. to 10:00 p.m., Sunday through Thursday and 7:00 a.m. to 11:00 p.m. Friday and Saturday, for the interior of the establishment; from 7:00 a.m. to 10:00 p.m., daily, for the outdoor dining area. 3. The subject property is located within the Commercial Neighborhood (CN) zoning district and the General Plan Land Use Element category is Neighborhood Commercial (CN). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN). 5. Per a memorandum from the Zoning Administrator dated March 31, 2011, pursuant to Zoning Code Section 20.62.040 the Zoning Administrator elected to refer this application to the Planning Commission for consideration and final decision. Planning Commission Resolution No. _ Page 2 of 14 6. A public hearing was held on April 21, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3, (New Construction or Conversion of Small Structures). 2. The Class 3 exemption includes a store, motel, office, restaurant or similar structure not involving significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area. This exemption also includes accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The proposed project involves the establishment of a restaurant in an existing retail tenant space and the construction of a new outdoor patio. The proposed use is less than 2,500 square feet. Therefore, proposed use and outdoor patio qualifies for a categorical exemption under Class 3. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding: A -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of beer and wine is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan; FAUsers \PLN \Shared \PA's\PAs - 2011 \PA2011 -006 Planning Commission Resolution No. _ Page 3 of 14 Facts in Support of Finding: B -1. The General Plan land use designation for this site is CN (Neighborhood Commercial). The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to serve the needs of and maintain compatibility with residential uses in the immediate area. An eating and drinking establishment with alcohol sales and accessory outdoor dining is a consistent use within this land use designation. Restaurant uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. B -2. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents alike. The establishment is similar to previous and currently approved uses within the shopping center and with no late hours the food service with outdoor dining is compatible with the land uses permitted within the surrounding neighborhood. The new establishment will improve and revitalize the existing retail building and the surrounding neighborhood. B -3. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: C -1. The site is located in the CN (Commercial Neighborhood) Zoning District. The CN zoning district is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. The proposed food service, eating and drinking establishment with an outdoor dining area and beer and wine alcohol service is consistent with land uses permitted by the CN Zoning District and meets all applicable use and development standards of the Zoning Code. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: D -1. The operation of the restaurant will be restricted to the hours between 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m. Friday and Saturday. The operation of the outdoor dining area will be restricted to the hours between 7:00 a.m. and 10:00 p.m., daily. FAUsers \PLN \Shared \PXs\PAs - 2011\PA2011 -006 Planning Commission Resolution No. _ Page 4 of 14 D -2. The approved plans as conditioned provide a 9- foot -5- inch -tall combination barrier using a 3- foot -11- inch -high, %- inch -thick tempered glass extension attached to the trellis to overlap the existing 6- foot -tall wall consistent with the recommendation found in the Acoustical Report. This combination barrier will reduce noise levels to meet the requirements of Section 10.26 of the Municipal Code and mitigate noise nuisance to the residential properties to the south. Also, consistent with the recommendation in the Acoustical Report, the tempered glass will extend past the patio exit corridor 10 feet for a total length of 50 feet. The use permit has been conditioned to provide this combination barrier as approved by the acoustical engineer and provided on the approved plans dated April 5, 2011. The use permit has also been conditioned to require the door opening from the interior to the outdoor dining area be closed at 10:00 p.m. The applicant is also required to control trash and litter around the subject property. These conditions will ensure that the establishment will comply with exterior noise standards and shield the restaurant activity from the residential uses to the south. D -3. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community so that the business remains a restaurant and does not become a bar or tavern. The project has been conditioned so that no dancing or live entertainment will be permitted on the premises. D -4. The applicant is required to install a grease interceptor, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding E -1. The project site is located within the addition to the remodeled existing retail building as part of the shopping center renovation. The renovated center is designed to provide up to 15 percent of the total building area for eating and drinking establishments. Sufficient parking is provided consistent with the parking management plan for the shopping center to meet the intensity of the eating and drinking establishment use. The limited hours of operation and the noise mitigation provided by the combination barrier adjacent the outdoor dining area ensure that the operating characteristics are physically suitable for the neighborhood. F: \Users \PLN\Shared \PNs\PAs - 2011 \PA2011 -006 Planning Commission Resolution No. _ Page 5 of 14 E -2. Adequate public and emergency vehicle access, public services, and utilities are provided within the renovated shopping center. E -3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding F -1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. The outdoor dining area and door opening from the interior to this area must be closed by 10:00 p.m. to limit the exterior noise to the surrounding residents. Additionally, the 9- foot -5- inch -tall combination barrier will be provided to ensure noise levels comply with Title 10 of the Municipal Code. F -2. Gina's Pizza is the third eating and drinking establishment to request authorization within the shopping center under renovation, and it falls within the 15 percent allotted for eating and drinking establishments with the approved parking management plan therefore, adequate parking will be provided. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2011 -002, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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. FAUsers \PLN \Shared \PA's\PAs - 2011 \PA2011 -006 Planning Commission Resolution No. Paae 6 of PASSED, APPROVED AND ADOPTED THIS 21St DAY OF April, 2011. AYES: NOES: ABSTAIN ABSENT: BY: AN Earl McDaniel, Chairman Michael Toerge, Secretary FAUsers\PLMShared \PKs\PAs - 2011\PA2011 -006 Planning Commission Resolution No. _ Paae 7 of 14 5N.. T-- -lid"T CONDITIONS OF APPROVAL Project Specific Conditions in Italics PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated April 5, 2011. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. This 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. 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. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 of the Newport Beach Municipal Code. 8. Use Permit No. 2011 -003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 9. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the outdoor dining area in excess of 25 percent of the interior net public area in accordance with Chapter 15.38 of the Newport Beach Municipal Code. 10. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. The hours of operation for the interior of the eating and drinking establishment are limited from 7:00 a.m. to 10:00 p.m., Sunday through Thursday; and 7:00 a.m. to 11:00 p.m., FAUsers\PLN \Shared\PA's\PAs - 2011 \PA2011 -006 Planning Commission Resolution No. _ Paqe 8 of 14 Friday and Saturday. The hours of operation for the outdoor dining area are limited from 7:00 a.m. to 10:00 p.m., daily. All activities within the outdoor dining area, including cleanup activities, shall cease at the specified closing hour and no later. 12. The door from the interior to the outdoor dining area shall be closed by 10:00 p.m., daily, to limit the impact of interior noise to residents in the vicinity. 13. The 9- foot -5- inch -tall combination barrier shall be provided adjacent the outdoor dining area consistent with the Acoustical Report and the approved set of plans dated April 5, 2011. The combination barrier shall include a 3- foot -11- inch -high, %- inch -thick tempered glass extension attached to the trellis to overlap the existing 6- foot -tall property line wall providing a 9- foot -5- inch -tall combination barrier. Also, consistent with the recommendation in the Acoustical Report, the tempered glass will extend past the patio exit corridor 10 feet for a total length of 50 feet. This combination barrier is intended to reduce noise levels to meet the requirements of Section 10.26 of the Municipal Code therefore; the outdoor dining area is not permitted to operate without this barrier. 14. Live entertainment and dancing shall be prohibited as a part of the regular operation. 15. 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. 16. A grease interceptor shall be provided for the restaurant facility in accordance with the provisions of the California Plumbing Code. 17. The outdoor dining floor area in excess of the 25 percent allowance will be deducted from the 15 percent of gross floor area limitation for eating and drinking establishment uses within the Landing Shopping Center. 18. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. 19. The outdoor dining area shall be limited to 458 square feet in area and provide seating for twenty two persons maximum. 20. The seating and dining in the outdoor area shall be limited to dining table height (approximately 30 inches) and table surface area of 24 inches by 30 inches minimum. The use of elevated counters, tables, and barstools are prohibited in the outdoor dining area. 21. The interior dining area shall be limited to a maximum net public area of 817 square feet and provide seating for fifty persons maximum. F1Users \PLN \Shared\PA's\PAs - 2011 \PA2011 -006 Planning Commission Resolution No. _ Page 9 of 14 22. Prior to issuance of building permits, plans for the outdoor dining area shall be reviewed and approved by the Planning Division. Final material, height, and location of the fence barrier, 9- foot -5- inch -tall combination barrier and trellis shall be subject to approval by the Building and Planning Division staff. 23. The boundary of the accessory outdoor dining area shall be marked through the use of a 36- inch -high rail as shown on the approved plans. The 9- foot -5- inch -tall combination barrier is for noise mitigation and fences, walls, or similar structures such as the trellis shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 24. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor dining area. The outdoor dining area, including any trellis or umbrella, shall be maintained in a clean orderly condition at all times. 25. The installation of roof coverings in addition to the proposed trellis shall not have the effect of creating a permanent enclosure. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Planning Director and may require an amendment to this permit. 26. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 27. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 in conjunction with the service of food as the principal use of the facility. 28. 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. 29. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 30. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. F: \Users \PLN \Shared\PA's\PAs - 2011 \PA2011 -006 Planning Commission Resolution No. _ Paqe 10 of 14 31. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. 32. The petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based up on monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 33. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on command. 34. There shall be no on -site radio television, video, film, or other electronic or media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 35. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 36. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 37. Strict adherence to maximum occupancy limits is required. 38. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 39. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 40. The proprietor shall actively control any noise generated by the patrons of the facility. 41. 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 FAUsers\PLN \Shared \PA's\PAs - 2011\PA2011 -006 Planning Commission Resolution No. _ Paae 11 of 1 may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 42. The operator of the facility shall be responsible for the control of noise generated on the subject facility. Pre - recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 43. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 44. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 45. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 46. No amplified music, outside paging system, loudspeaker, televisions or other noise generating device are permitted in conjunction with the outdoor dining area. 47. No outside paging system shall be utilized in conjunction with this establishment. 48. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on- site or off -site, to advertise the restaurant. 49. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 50. All trash shall be stored within the building or within dumpsters stored in the trash enclosure found to the rear of the west shops within in the rear parking lot. The trash F:\Users\PLN \Shared \PA's \PAs - 2011 \PA2011 -006 Between the hours of 7:00 a.m. and 10:00 .m. Between the hours of 10:00 .m. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property i I N/A 65dBA N/A 60dBA 43. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 44. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 45. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 46. No amplified music, outside paging system, loudspeaker, televisions or other noise generating device are permitted in conjunction with the outdoor dining area. 47. No outside paging system shall be utilized in conjunction with this establishment. 48. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on- site or off -site, to advertise the restaurant. 49. Temporary signs shall be prohibited in the public right -of -way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 50. All trash shall be stored within the building or within dumpsters stored in the trash enclosure found to the rear of the west shops within in the rear parking lot. The trash F:\Users\PLN \Shared \PA's \PAs - 2011 \PA2011 -006 Planning Commission Resolution No. _ Paqe 12 of 14 enclosure shall be screened with three walls and a self - latching gate or otherwise be screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 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. 51. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 52. 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. 53. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 54. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 55. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 56. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of -way. 57. All mechanical equipment shall be screened from public view per Section 20.30.020 of the Zoning Code. 58. Prior to final of the building permits, the applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Division for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right -of -way in front of the subject property as well as the adjacent public right -of -way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the Newport Beach Municipal Code that includes issuance of a citation of violation and monetary fines. F:\UsersNPLN \Shared \PA's \PAs - 2011 \PA2011 -006 Planning Commission Resolution No. _ Page 13 of 14 59. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Gina's Pizza including, but not limited to, the Use Permit No. UP2011 -003. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 60. An automatic fire extinguishing system protecting commercial cooking shall be required in the Type I hood. Prior to installation, plans will need to be submitted and approved by the fire department. 61. Post occupant load near the main exit. 62. Panic hardware is required from all exits with an occupant load of 50 or more. 63. Hardware on the exit door /gate from the outdoor dining area must meet the hardware requirements for the 2010 California Building Code Sec 1008.1.9.4 64. Permits are required for an assembly and open burning (gas fire pit). Permits can be obtained through the Fire Department. 65. A cover for the proposed fire pit will be required. This cover is intended to prevent any person from falling into the fire pit. The mesh cover is to be placed over the fire pit when the fire pit is in operation. 66. A separate plan will need to be submitted for any fire sprinkler modifications. The plans must be submitted and approved prior to any work being done on the sprinkler system. Building Division Conditions 67. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. FAUsers\PLN \Shared \PA's\PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 68. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 69. The construction plans must meet all applicable State Disabilities Access requirements for the interior and the exterior dining areas. 70. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 71. The outdoor dining area including the fire pit, trellis and 9- foot -5- inch -tall combination barrier included in the approved plans must comply with the most recent applicable City - adopted version of the California Building Code. F: \Users \PLN \Shared \PA's\PAs - 2011 \PA2011 -006 Attachment No. PC 2 Letter from Zoning Administrator W i pk F t .✓s �'. CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: March 31. 2011 TO: Melinda Whelan, Assistant Planner FROM: Jaime Murillo, Zoning AdministratoP� SUBJECT: Gina's Pizza (3138 Balboa Boulevard) - Minor Use Permit Request Referral to Planning Commission Based on my understanding of the project description and the location of the proposed project within the Landing Shopping Center, I am referring the review of the minor use permit request to the Planning Commission for consideration and final action. The redevelopment of the shopping center was extensively reviewed by the Planning Commission under the approval of Use Permit No. UP2010 -002 and during said review, it was the Planning Commission's understanding that all use permits for food service uses within the shopping center would return to the Planning Commission for their review. Also, during the recent review of other eating and drinking establishments within this shopping center, the neighboring residential property owners have expressed significant concern with regard to the establishment of new food service uses that sell alcoholic beverages and the potential noise disturbances associated with outdoor dining areas. Given the close proximity of the subject proposed outdoor dining area to the residential dwelling units to south, it is anticipated that there will be increased neighborhood concern with this project. Based on these reasons, I feel it is appropriate at this time to refer the review of the minor use permit request to the Planning Commission and to provide the applicant timely review and consideration of their request. Attachment No. PC 3 Alcohol Related Statistics City of Newport Beach Police Department Memorandum March 7, 2011 TO: Melinda Whelan, Assistant Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Gina's Pizza at 3138 Balboa Blvd. This area encompasses our reporting district (RD) number 15 as well as part of Census Tract 635. This report reflects City of Newport Beach crime data for calendar year 2009, which is the most current data available. Calls for Service Information City wide there were approximately 69,294 calls for police services during this time, of which 6,663 were in RD15. A "call for service" is, any contact of the police department by a citizen Which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,194 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,884 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, , Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,350 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,297.31 per 100,000 people. The national Part One crime rate was 3,667.02* per 100,000 people. Crimes RD 15 Newport Beach California* National* Part 1 343 2,884 1,184,073 10,639,369 Part 2 242 3,350 N/A N/A Part 1Crime Rate 11,506.43 3,297.31 3,203.52 3,465.52 The number of active ABC licenses in this RD is 79 ** Per capita ratio 1 license for every 38 residents. This reporting district had a total of 946 reported crimes as compared to a City wide reporting district average of 162 reported crimes. This reporting district is 784 crimes more or 483.95% above the City wide reporting district average. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. Arrest Information There every 80 DUI arrests and 281 Plain Drunk arrest in this area during this same period as compared to 1,270 for the entire city. This RD amounts to 28.43% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 15 (DUI /Drunk) 361 Total Arrests 796 Newport Beach 1,270 3,595 California* National* 324,442 2,094,731 1,474,004 13,687,241 Additional Information Tlne Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 13 and RD 16 Crimes RD 13 RD 16 Part 1 112 167 Part 2 79 107 Crime Rate 5,812.62 6,003.49 Arrests (DUI /Drunk) 39 110 Total Arrests 161 323 Calls For Service 2,554 3,261 Number of active ABC licenses 6 ** 6 ** Per capita ratiol license for every 321* residents 464* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 86,252. *These numbers are from the 2009 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of June 30, 2009 the Orange County average of active, retail ABC licenses was 1 license for every 542 residents. (5,589 licenses and a population of 3,026,786) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit Attachment No. PC 4 Newport Beach Reporting Districts Map Reporting Districts Newport Beach Police Department 34 v �0 FSq 33 P eS�y 1J 21ri 31 . �. � 35 \K\ e R, SON CANAL ft65T Qy�O? it (I 29 Sr O 24 2 \ =FORD RO- -�BON� ACYN OR � .\ V 1 17 ` —� 25 c`l \' 28 32 i �a4 38 51 \\ 26 W SQhST 16 C a� 52 ST HWY `\ 4 �� s 39 61 3nnST�15 14 41 COASrH sP "MG 53 0 22 y _ 421E 13 43 .. 47= SAN✓OAOUWH, -,SRO 64 ` 20th ST / 12 QO _ °p 48 ' 7N ST PLO AwG`§ BST 44 11 66 /45 H W SUCK GULLY /46 68 i J S MORNING 67 J _ awn •tu �,.n CANYON ' O PACIFIC OCEAN n oa tau. t CRYSTAL COVE '6'1 CRYSTAL COVE 1 57ATE PARK STATE PARK F / Attachment No. PC 5 Police Department Recommendation City of Newport Beach Police Department Memorandum April 6, 2011 TO: Melinda Whelan, Assistant Planner FROM: Detective Bryan Moore SUBJECT: Gina's Pizza, 3138 Balboa Boulevard, Use Permit No. 2011 -002, (PA2011 -006). At your request, the Police Department has reviewed the project application for Gina's Pizza, located at 3138 Balboa Boulevard, Newport Beach. The applicant requests a minor use permit to allow a food service eating and drinking establishment. The establishment is proposed within an existing commercial building with a gross floor area of 1,994 square feet, a net public area of 812 square feet and a maximum of 50 seats. Additionally, the request includes an outdoor dining area with a gross area of 458 square feet and 22 seats. The requested hours of operation for the interior dining are 7 a.m. to 10 p.m., Sunday through Thursday, and 7 a.m. to 11 p.m., Friday and Saturday. The requested hours of operation for the outdoor patio are from 7 a.m. to 10 p.m., daily. The applicant will apply for a Type 41 (On Sale Beer & Wine — Eating Place) license with the Department of Alcoholic Beverage Control. I have included a report prepared by Crime Analyst Paul Salenko that .provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this new location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City. This location is also within an RD that is over the Orange County per capita of ABC licenses. Applicant History The applicant, Andrew Costa, has been a resident of Corona del Mar for the past 30 years. His family first opened Gina's Pizza in CDM over 35 years ago. Today, Mr. Costa is the principle owner /operator of the CDM location, as well as two others in Laguna Beach. Gina's Pizza also has two additional locations in Irvine and Costa Mesa, which are operated by Andrew's business partners. The proposed Gina's Pizza will be consistent with the Costa family's long standing tradition of eating establishments, which is a family style Italian Gina's Pizza UP No. 2011 -002 restaurant dedicated to handcrafted, quality comfort food. Per the plans provided by Mr. Costa, there will be no fixed bar at this location. Police Activities and Calls for Service Data (Gina's Pizza - CDM) There was no notable police related activity at this location in the past year. Recommendations The Police Department has no objections to this operation as proposed by the applicant. We believe that the recommended conditions will be sufficient to mitigate the issuance of an additional beer and wine license in this area. The Police Department does, however, have some concerns with regard to the rear patio and its proximity to the nearby residents. We would be in favor of any noise mitigating measures recommended by the Planning Department. Signs and Displays Any signs or displays would need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Hours of Operation The proposed hours of operation are from 7 a.m. to 10 p.m., Sunday through Thursday and 7 a.m. to 11 p.m., Friday and Saturday. The proposed hours of operation for the outdoor patio are from 7 a.m. to 10 p.m., daily. Security The Police Department has no recommendations. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 2 Gina's Pizza UP No. 2011-002 Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the conditional use permit for the business: 1. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code, unless the planning commission first approves a Use Permit. 2. No alcoholic beverages shall be consumed on any property adjacent the licensed premises under the control of the licensee. 3. Food from the full service menu must be made available during any "happy hour" type of reduced price alcoholic beverage promotion. There shall be no reduced price alcoholic beverage promotion after 9 p.m. 4. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 5. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 6. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 7. There shall be no live entertainment allowed on the premises 8. There shall be no dancing allowed on the premises. 9. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 10. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 11. Strict adherence to maximum occupancy limits is required. 3 Gina's Pizza UP No. 2011-002 Alcoholic Beverage Control License Upon approval of the CUP, the ABC license will be conditioned as necessary to maintain the health, safety and welfare of the Community. If you have any questions, please contact me at (949) 644 -3725. Detective Bryan Moore ABC Liaison /Vice /Intelligence Craig F x, Captain Detective Division Commander Attachment No. PC 6 Acoustical Report COLIA ACOUSTICAL CONSULTANTS 177 Riverside, #P Newport Beach, CA 92663 Certified Acoustienl ConsuUunts Phone 714 960 -7511 Fax 714 960 -6775 Email: RColia(iusocal.nxrrrt L11 -021R April 4, 2011 Mr. Andy Costa Gina's Pizza 3142 W. Balboa Blvd. Newport Beach, CA 92663 SUBJECT: Acoustical Report of Measurement of Potential Noise Levels At the New Restaurant at 3142 W. Balboa Boulevard in Newport Beach Dear Mr. Costa; This letter has been prepared to detail the results of measurements of the ambient noise levels along Balboa Boulevard between 30th Street and 32nd Street in Newport Beach. These measurements were made with a clear view to the vehicular traffic on Balboa. The measurement location was at a point representing the closest property of the residences near the west side of the proposed project, near the proposed patio. The measurements were made between 8:00 P.M. and 8:30 P.M. on March 19, 2011 at the location shown in Figure 2. This site was selected to represent the equivalent distance to the property lines of the residences without being on their property. The measurements were made using the A- weighted scale of a Bruel and Kjaer 2230 Precision Integrating Sound Level Meter, Type I. The meter was calibrated before the measurements and was found to be within 0.1 dB of tolerance. The results of the measurement indicate an average noise level (Leq) of 59.8 dB. The ambient noise level of existing traffic in the area indicates high traffic volumes on Balboa Street and 32nd Street on a spring weekend evening. One might expect higher traffic flows in summer and fall nights. RESULTS At West Residential Property Side across Balboa Street: Site 1: Measured 59.8 dBA at reprentative 8 P.M. hour. L11 -021R April 4, 2011 The City Exterior Noise Standard is 55 dBA, daytime (7:00 A.M. to 10:00 P.M). The proposed restaurant at 3142 W. Balboa will have a southwest facing outdoor patio that will seat a maximum of 22 people. Normal conversation between two people averages 65 dBA at 3 feet apart. With 22 people speaking at once the worst case noise level at 3 feet would combined to be 78.4 dBA at the patio. The residential outdoor space to the south is about 18.3 feet south of the subject patio at their closest distance. The noise drop -off rate is 6 dB per each doubling of distance. The noise drop -off with distance was calculated by the following formula: 20 Log (3'/ 18.3) + 78.4 = 62.7 dBA The noise from the patio will traverse across the parking lot and will decrease with distance (of 18.3 feet) to 62.7 dBA at the residential areas to the south. Even if the noise level of louder voices would increase to 75 dBA in conversation the projected impact at 18.3 feet would fall to 72.7 dBA to the south. Table 1 show these results in summary. The worst -case level of 72.7 dBA is higher the daytime standard of 55 dBA and is also higher than the existing traffic noise level of 59.8 dBA at 8 P.M. from Balboa Street. Thus, the patio noise impact in normal conditions is over the City standard of 55 dBA and is greater than ambient street noise. The worst -case noise level is significantly more than the ambient street traffic and is higher than the noise standard. TABLE 1 Summary of Results - New South - Facing Patio, 22 people Patio Noise Distance to Residences Noise Level Daytime Std. Ambient Level Feet ,Residences dBA Balboa Blvd. 65 dBA 18.3 62.7 55 59.8 dBA 75 dBA 18.3 72.7 55 59.8 dBA (worst -case) -2- Ll1 -021R April 4, 2011 Exterior Noise Control The potential noise impact from the future proposed outdoor patio of the Gina's Pizza may be as high as 62.7 to 72.7 dBA in a worst -case condition. The City of Newport Beach has an outdoor standard of 55 dBA during daytime hours (7:00 A.M. to 10:00 P.M.). Because the potential noise impact is 17.7 dB higher than the exterior noise standard, acoustical shielding around the patio (patio perimeter) is recommended. On the south and west sides of the patio a 9 -foot high total barrier or combination barrier is recommended. The top acoustical barrier may consist of: -1/4 inch tempered glass in a solid wood (or metal) frame sealed airtight, -1/2 inch Plexiglas, or -5/8 inch Lexan On the perimeter of the patio there is an existing two (2) inch thick prefab wall about 5 -6 -feet tall. The architect has proposed hanging from the patio cover trellis a '/4 inch tempered glass barrier that would overlap the existing prefab wall by about 6 inches. This concept when finished will provide the acoustical shielding needed. The same prefab wall and tempered glass overhang (combination wall) should also apply for the patio exit corridor for a length of 10 feet from the patio. A second option is the patio exit door could be standard size and contain solid wood, filled metal or '/9 inch tempered glass. The barrier from the trellis should then also wrap around above the door to the same height. The shielded noise impact with the nine (9) foot barrier or this combination wall will be 44.1 dBA in normal voice conditions and 54.1 dBA in the worst - case condition. See the shielded levels (SLEV) in Table 2. These shielded values meet the City daytime of 55 dBA. The owner has indicated the patio will close at about 9:00 P.M. on Sundays and weekdays, and will close at 10:00 P.M. on Fridays and Saturdays. If you have any questions regarding this information please call. Certified Acoustical Consultants TABLE 2 SOUND BARRIER CAiCULAT|0NWORKSHEET AREA S0R(| PAD D8LE 8DRC 0OS ORS- 8L08 T08 ATTN ULEY SiEY TOTAL WALL ELEY ELEV ELEY ELEY 0\RRELEV EiEY (dB) HT. 0|8T 80. 0.0 9.0 40.0 5.0 14.0 36.0 01 9.0 11.8 82.7 44] 9.0 So. 0.0 9.0 40.0 5.0 14�8 38.0 8] 98 110 72.7 541 90 FIGURE 1: Site Location Map FIGURE 2: Site Measurement Location x� �• o � ro o n 0 t� sr m 0 0 PLAN VIEW 'PE !000 LOUVER EX'STXC PImm O E° C.C. //� w„ METAL rueESTEM m 00DODD00 n, 'S COLUMN CErOND .1 sus EXiE PRECAST. EXI"NC PREC0. - Qi �0 VIAL r0 REMAIN V L r0 REMAIN I: `; Attachment No. PC 7 The Landing Square Footage Tracking Table The Landing Shopping Center 3101 -3121 Newport Blvd. and 3100 -3138 Balboa Blvd. Last Updated: 03 -03 -2011 Table 2. Summary of Eating and Drinking Establishments Suite Number Tenant Interior Interior Net Outdoor 25% of Net Outdoor Patio in Total Area Parked for Gross Floor Public Area Patio Area Public Area Excess of 25% of Restaurants Area Net Public Area 53101 Chipotle 1,700 500 336 125 211 1,911 53107 Crow Burger 1,878 650 259 162 97 1,975 Gina's Pizza 2,083 812 458 203 255 2,338 TOTAL 5,661 1,962 1,053 490 563 6,224 Total Permitted 47,878 600 7,182 %of Maximum Currently Utilized 12% 94% 87% Interior Gross Floor Area of Shopping Center: 47,878 sq ft Attachment No. PC 8 Plans 2LCEIVHD DY a � � PLANNING DBPARTMHNT APR 0$ 2011 e 3142 W. BALBOA BLVD., NEWPORT BEACH, CA 92663 z 3 ° SYMBOLS ACCESSIBILITY NOTES ABBREVIATIONS SHEET INDEX rrrv«rit3+�Qt>�[r a rc � S - s'[bTiou u Ac— rnERroa EtEVn.iou VICINITY MAP 9xu ELLV6uuu- OO 0006 .vveetx an, � '� �'Pi Y "�' ep w4,w RnY NUMBER s NAME GENERAL NOTES PROJECT TEAM m v^imaa ww wa. ma+ c n+zm ACxnECT 3142 W. BALBOA BLVD.. NEWPORT BEACH CA 92663 NON NI 6V SITE PLAN .,e M mM+,<Kl rds aal.. ,Y a mm N PROJECT SUMMARY — .. ? a =77i - WGnO BfiNMgN� OFEMROYEE9 COOEINLLYBI& !1 I � - J��I�RIIYIJII��T% I T \\ u K qqcc vaseFa'Yrr� M 3 "TT—�o- ffi' ® ) i�R F60FOP_ _ ..ozh» w.�,.� moawwe,rtwwn wsN II R P p �x ' YOFBPAl81('XIEPMN. �1 L P �� .,r 6 PATIO .AREA GINAS PIZZA T -1.0 NORTH DOOR SCHEDULE ®1Z Y \ WALL SCHEDULE WALLLEGEND Aul KEYNOTES 15 1 .Jim HEALTH DEPT NOTES NOTES IT— I h FIRE ALARM NOTES x , y�y GENERAL NOTES FIRE NOTES PLAN DATA. FLOOR PLAN 0 «. na u.cP. v:xo n.,,,. o.exo nerlxrSwaee°aw.wc� .. v sc: �r� -+ -o' Su Y T � T Y p 55 j y 8 13 'p pp€g�I 5 q •I •I •I• I_ —r 6 5 —I •I ® ICI I• •I •I• �s Hera DOOR SCHEDULE ®1Z Y \ WALL SCHEDULE WALLLEGEND Aul KEYNOTES 15 1 .Jim HEALTH DEPT NOTES NOTES IT— I h FIRE ALARM NOTES x , y�y GENERAL NOTES FIRE NOTES PLAN DATA. FLOOR PLAN 0 «. na u.cP. v:xo n.,,,. o.exo nerlxrSwaee°aw.wc� .. v sc: �r� -+ -o' Su ELECTRICAL FIXTURE LEGEND Q I. I 3 v llaw ,_Jt i Lev "m..... l - C6 l Tom` M 1 mo emul CEILING SCHEDULE _ i- g— £�',. Vie.- ti -- 'v�j I O o , „ u� A =ry el AD R I t NOTE TV uY 3 aomnE .•� oo., -x as x�.mu�., r.ces w•..'. �,`•x a�.w..�.v n'< �r S - v«��a tl z i x I cmu nxery N REFLECTED CEILING PLAN a A- ,1.mt1 OD o OO 3 \1 Z 5 1 T EXTERIOR WEST ELEVATION O 1 uFE r -- - I I a amm E N zo EMT N N MWiw9no x ❑_ W �lJ PATIO TRELLIS PLAN O PATIO FLOOR PLAN 0 OCW6 " I� AN DM KEYNOTES w PILIL— I a -- � ell NVNBEPOF6FAiB ❑ n /) 9[ Rf. ❑ ❑ ❑ I` ❑ / Ex[o vs -- G nv� ❑ ❑ ❑ p EXTERIOR NORTH ELEVATION O A �•� sTfFR-�— cs-c�SS I G�s T U� _\ S N o% ENLARGED PLAN VIEW O • n Cl n _ �r� N mya mu'1 Z r. xN _ • • O C7+ Gl t5 —• ELEVATION 1 (SOUTH-WEST ELEVATIONS p _° O g � (g mz ar KEYNOTES ❑ (� ❑ /x n ❑ ❑ (' ❑ ❑ Mw L M ❑ .IJ fil �- 4 W nvnirou GATE ELEVATION 1 J SECTION _11, 1 /1,1 s:uE R =i -7 0 KU 0 ITT�L ILI 1. j 1 i i TO -IF- L E -T 1�1 Fr EXTERIOR NORTH ELEVATION -SHOPS -EST 10 _', 7� ----- L------------- ---------------- ---------- - -- -- A- -J- -L -L -I- L T --LFL-T EXTERIOR WEST ELEVATION - SHOPS WEST AND GROCER s-- 71---� A g .ns u.. ❑u�ILJ� I Zi x. v mti� i HIL WRI EXTERIOR SOUTH ELEVATION - SHOPS WEST Llallz PEI s.ennuuxea A -2.5 ha -T- -I- 11H7 1,4 11 P p1l"d L4 r-01T.-M-1-1 I INS ED EQUIPMENT PLAN (7) .Ll: 1'- -1 '. I 77T v x A ✓mm _ �+ ♦ n 1 r a _ _ msW � o �N Q �i fr ew na z U' a OO svun vuoExacw.e,ovwn� N*I M. w, / 1 — IYRICAL DOOR -PLAN X13 aae 1, vntl ,m aru v¢14 EI v f 5� v' EP nc 1 /I nR o <wz cr..n�� +n =•+ -- u. xrus ,.ox. �'3 u o �� /Ex � ,.— •N'[0L I Qa. a v['w ,o nw.o o, un .,xV e s o< FLOOR SINK 14 BRACE CONNECTION fU TYPICAL SUSPENDED CEILING DIAGRAMS Y TYPICAL NON - BEARING WALL /1. �J "TI �"l KITCHEN SEHVICT. qa ¢U Slde Viow C K O.l— O, ES P Delnils WALK -IN COOLER BASE SECTION 15 HOOD SUPPORT @JOIST . .a w•.. smn BASE- SECTION %1 24 m �~ 1 M nmo�. xw I r IBC CATEGORY'D °E FSTANDARD A �r} ` 3.0 COOLER CONDENSATE DRAINa 78 HOGG BUPPORt@WALL /.� TYPICAL SUSPENDED CEILING DETAIL ^ a —1 IT WALLATTACHMENI 40 x .�o S,oxm ° TYP. THRESHOLD DETAIL 13 -xrs STUOATTACHMENT O w.a ALUMINUM THRESHOLD �\ w- LOW WALL O sw a wsc sv rou5 w^¢s I<x.sse�nw� - semlox Qn vun REQUIRED KNEE CLEARANCE io SERVISECOONTER O TYPICAL LOW WALL PARTITION 0 �:J s HE"] ME - :l�ll Al o ACCESSIBLE SIDE REACH it SOFFIT SECTION SOFFIT GQ SERVICE AREA SECTION l�J L �=r_J. .zx. � _ io'' roaa MIF SOFFIT 0 SERVICE AREA SECTION 12 CEILING_�VESTIBULh:- SECTION /� J SOFFIT [t]UINING AREA .SECTION 4 O o� qm ` C2 Qg .O — G PVL o PATIO UNDER SEPARTE PERMIT uc W 4[OJ P•1'cN�(PIAN EQUIPMENT PLAN O - K -1.0 REMARKS PLUMBING ELECTRICAL EQUIPMENT + 5 5R§ 5 q�a�x� I a u. x.� uvan o,. oESrmmu 'J'-- Kp — — -- — 18 11 „o N m m""p --- - - - -__ -- a aa<p.vwrtw. TbEe T—RO kP — Attachment No. PC 9 Photos �u. Am LAU i ;'�_� �' -� `� - --r -, ... _ Yom- R'.�, C.�.� DD� _ MG�.�.• :�µ- � � 4 - E- ��= �...F_� _ �;� . �` CA_ .. 141 e' S 010" oB!