HomeMy WebLinkAbout03-Chipotle Mexican Grill PA2010-096CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
December 9, 2010 Meeting
Agenda Item 3
SUBJECT: Chipotle Mexican Grill- (PA2010 -096)
3101 Newport Boulevard
• Use Permit No. UP2010 -017
■ Accessory Outdoor Dining Permit No. OD2010 -004
APPLICANT: Chipotle Mexican Grill Inc.
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
PROJECT SUMMARY
A use permit and accessory outdoor dining permit to allow a take -out service eating and
drinking establishment with a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic
Beverage Control (ABC) license and an outdoor patio. The project is located in the
Landing Shopping Center (formerly Albertson's).
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. approving Use Permit No. UP2010 -017 for an eating and
drinking establishment with a Type 41 (On Sale Beer & Wine, Eating Place) and
Accessory Outdoor Dining Permit No. OD2010 -004 for the outdoor patio subject to
the findings and conditions in the attached draft resolution (Attachment No. PC 1).
Background
On October 7, 2010, the Planning Commission continued the hearing to November 18,
2010, in order to allow the applicant and property owner time to prepare a conceptual
development plan for outdoor patios so a complete assessment of parking could be
completed.
On November 18, 2010, the Planning Commission, at the request of the applicant,
continued hearing to December 9, 2010.
The staff report and minutes from the October 7, 2010, meeting are attached
(Attachment Nos. PC 2 and 3). Updates to the parking discussion that address the
accessory outdoor dining are provided in the parking section of this staff report. No
other changes to the proposed project have occurred.
Chipotle Mexican Grill
December 9, 2010
Page 2
The comprehensive update of the Zoning Code was adopted October 25, 2010.
Because the current application first was heard under the prior version of the Zoning
Code, the application continues to reflect the standards and regulations of the prior
Zoning Code.
DISCUSSION
Parking
If Amendment No. 1 to Use Permit No. UP2010 -002 is approved to allow a reduction in
the required, sufficient parking will be provided to allow for the accessory outdoor dining
patio at Chipotle. If Amendment No. 1 to Use Permit No. UP2010 -002 is denied, the
accessory outdoor dining patio would be limited 25 percent of the interior net public
area, which results in 125 square feet of patio area. The Planning Commission could
also approve the applicant's requested for larger a patio and reduce the patio space for
Crow Burger of Gina's Pizza when their use permits are considered in the future.
A square footage tracking table showing the approved square footage for Chipotle in
relation to the shopping center is provided as Attachment No. PC 4.
Summary
Staff recommends approval of a use permit and accessory outdoor dining permit per the
conditions of approval provided in the attached draft resolution (Attachment No. PC 1).
Alternatives
If the Planning Commission does not believe the findings for approval can be made, the
Planning Commission may deny the subject applications. 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. 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 tenant
space and the construction of a new outdoor patio. The proposed use is less than 2,500
Chipotle Mexican Grill
December 9, 2010
Page 3
square feet. Therefore, both the interior use and outdoor patio qualify 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:
Ma ana N va, Assistant Planner
ATTACHMENTS
Submitted by:
C��1
James Campbell, Acting Planning Director
PC 1
Draft Resolution with Findings and Conditions
PC 2
October 7, 2010 Planning Commission Staff Report
PC 3
October 7, 2010 Planning Commission Minutes
PC 4
The Landing Square Footage Tracking Table
PC 5
Alcohol Related Statistics
PC 6
Newport Beach Reporting Districts
PC 7
Police Department Recommendation
PC 8
Project Plans
F:\USERS \PLN \Shared \PA's \PAs - 2010 \PA2010 - 096 \UP2010- 017_OD2010 -004 PC Rpt.doc
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Attachment No. PC 1
Draft Resolution with Findings and Conditions
RESOLUTION NO. ## ##
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
UP2010 -017 AND ACCESSORY OUTDOOR DINING PERMIT NO.
OD2010 -004 TO ALLOW A TAKE -OUT SERVICE EATING AND
DRINKING ESTABLISHMENT WITH A TYPE 41 (ON -SALE
BEER AND WINE, EATING PLACE) ALCOHOLIC BEVERAGE
LICENSE AND AN OUTDOOR PATIO LOCATED AT 3101
NEWPORT BOULEVARD (PA2010 -096).
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Chipotle Mexican Grill Inc., with respect to property located at
3101 Newport 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 use permit and accessory outdoor dining permit.
2. The applicant is proposing a take -out service eating and drinking establishment with a
Type 41 (On Sale Beer and Wine, Eating Place) alcoholic beverage license and an
outdoor patio. The gross floor area of the establishment is 1,700 square feet, the
interior net public area will be 500 square feet, and the outdoor patio will be 336
square feet in area. The establishment will provide a maximum of 22 interior seats and
20 seats on the patio. Alcohol will only be served inside the establishment and will not
be served on the outdoor patio. The hours of operation are from 11:00 a.m. to 10:00
p.m., daily.
3. The subject property is located within the RSC (Retail and Service Commercial) Sub -
Area of the SP -6 (Cannery Village Specific Plan) Zoning District and the General Plan
Land Use Element category is CN (Neighborhood Commercial).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is CN (Neighborhood Commercial).
5. A public hearing was held on October 7, 2010 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.
Planning Commission Resolution No.
Page 2 of 15
6. A public hearing was held on December 9, 2010 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. The meeting was noticed from the
October 7, 2010 Planning Commission meeting to a date certain.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. 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. This exemption also
includes accessory (appurtenant) structures including garages, carports, patios,
swimming pools, and fences.
2. The proposed project involves the establishment of a restaurant in an existing tenant
space and the construction of a new outdoor patio. The proposed use is less than
2,500 square feet. Therefore, both the interior use and outdoor patio qualify for a
categorical exemption under Class 3.
SECTION 3. REQUIRED FINDINGS.
1. Use Permit Findings
In accordance with Section 20.82.050.13 and Section 20.89.030 of the Zoning Code, the
proposed take -out service eating and drinking establishment and the introduction of beer and
wine service require findings to be made for approval of a new use permit. The following
information is presented in support of the required Use Permit findings:
Finding:
A. That the proposed location of the use is in accord with the objectives of this code and the
purposes of the district in which the site is located.
Facts in Support of Finding:
A -1. The renovated shopping center will provide a variety of retail and service uses,
which serve the surrounding residential community. The proposed project will
provide a new tenant to the shopping center for the surrounding neighborhood.
The new tenant mix for the shopping center allows the property owner to best
serve the needs and quality of life for the surrounding community and visitors to
the area.
A -2. The project is located in the RSC (Retail and Service Commercial) land use
area of the SP -6 (Cannery Village /McFadden Square Specific Plan) Zoning
District, which is intended to provide for retail sales, personal and professional
uses that offer direct services to the public and marine - related light industrial
uses. This designation allows a wide range of uses and services
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Planning Commission Resolution No.
Page 3 of 15
accommodating both residents and visitors, the boating industry, and will also
provide continuity between districts and increase the potential for "shared sales"
from pedestrians. The proposed eating and drinking establishment with
accessory outdoor dining is consistent with land uses permitted by the RSC
land use designation in the SP -6 Zoning District.
Finding:
B. That the proposed location of the use permit and the proposed conditions under which it
would be operated or maintained will be consistent with the General Plan and the
purpose of the district in which the site is located; will not be detrimental to the public
health, safety, peace, morals, comfort, or welfare of persons residing or working in or
adjacent to the neighborhood of such use; and will not be detrimental to the properties or
improvements in the vicinity or to the general welfare of the city.
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. A restaurant has been operated in this location since 1963 pursuant to Use Permit
No. 989 and has not proven detrimental to the area.
B -3. The operation of the restaurant and outdoor patio will be restricted to the hours
between 11:00 a.m. and 10:00 p.m., daily.
B -4. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. The restaurant is oriented toward
Newport Boulevard and the parking lot in a manner that shields the restaurant
activity from the residential uses south of the shopping center and across 32nd
Street.
B -5. No dancing or live entertainment will be provided on the premises.
B -6. 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.
B -7. 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
ortavern.
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Planning Commission Resolution No.
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B -8 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.
B -9. The proposed project and requested discretionary applications are consistent
with relevant General Plan policies.
Finding:
C. That the proposed use will comply with the provisions of this code, including any specific
conditions required for the proposed use in the district in which it would be located.
Facts in Support of Finding:
C -1. Take -out service restaurants are a permitted use in the RSC (Retail and
Service Commercial) Sub -Area of the SP -6 (Cannery Village Specific Plan)
Zoning District, subject to approval of a use permit. The project conforms to the
development standards of the Zoning Code.
C -2. The project has been reviewed and conditioned 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 restaurant and adjacent properties during business
hours if directly related to the patrons of the shopping center.
C -3. The project has been reviewed and conditioned to ensure that the purpose and
intent of Chapter 20.89 (Alcoholic Beverage Outlet) 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.
2. Accessory Outdoor Dining
In accordance with Section 20.82.050.B of the Newport Beach Municipal Code, the following
information is presented in support of the required Accessory Outdoor Dining findings:
Finding:
A. That the proposed outdoor dining is accessory to the Eating and Drinking
Establishment.
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Planning Commission Resolution No. _
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Facts in Support of Finding:
A -1. The establishment provides 336 square feet of outdoor dining area. The portion
of this square footage (211 square feet) that exceeds the 25 percent allowance
for parking purposes has been added to the calculation toward the 15 percent
of maximum floor area permitted for eating and drinking establishments within
the shopping center.
A -2. The outdoor dining is accessory to the restaurant use, subject to the operational
characteristics of the restaurant use, except as limited by this approval and is
not an independent use.
A -3. Alcohol will not be served or allowed on the outdoor patio.
A -4. The project provides a railing to clearly identify the boundaries of the outdoor
patio so that the Code Enforcement division can easily identify the limits of the
outdoor dining area.
Finding:
B. The establishment, maintenance or operation of the accessory outdoor dining will not,
under the circumstances of the particular case, be detrimental to the health, safety,
peace, comfort and general welfare of persons residing or working in the
neighborhood or injurious to property or improvements in the area.
Facts in Support of Finding:
B -1. The outdoor dining area, as conditioned, is compatible with the surrounding
land uses. The limited hours of operation and the establishment's distance from
residential land uses should alleviate potential noise from adversely impacting
the nearby residential uses. The project does not include any noise generating
activities outside of the facility (i.e., entertainment). The approval has been
conditioned to prohibit these uses in the outdoor dining area.
B -2. The hours of operation for the outdoor dining area will be the same as the
interior of the establishment from 11:00 a.m. to 10:00 p.m., daily.
B -3. The operation of the proposed development is anticipated to increase the
outdoor noise level in the immediate vicinity. If use of the outdoor dining area
results in noise complaints, the Planning Department may require the removal
of all, or a portion of the outdoor seating or choose another remedy in
accordance with the conditions of approval.
B -4. The approval has also been conditioned to prohibit the use of a sound system,
speakers, pre- recorded music, or paging of patrons in the outdoor dining area.
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Planning Commission Resolution No.
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B -5. The restrictions on the use of solid roof structures as applied to this approval
are consistent with the intent and purpose of Section No. 20.82.050 (Accessory
Outdoor Dining) of the Zoning Code.
Finding:
C. That the proposed accessory outdoor dining will not be located so as to result in
reduction of existing parking spaces.
Facts in Support of Finding:
C -1. In accordance with the provisions of Chapter 20.82 of the Newport Beach
Municipal Code, accessory outdoor dining requires no additional parking if it is
less than 25 percent of the interior net public area. The additional 211 square
feet of outdoor dining area has been added into the calculation toward the
maximum 15 percent of gross floor area allotted for eating and drinking
establishments.
C -2. The required parking for the portion of the outdoor patio that exceeds 25 percent
of the interior net public area has been waived by Amendment No. 1 to Use
Permit No. UP2010 -002.
C -3. The accessory outdoor dining is located at the side of the business adjacent to
Newport Boulevard and does not result in a reduction of parking spaces.
C -4. Adequate site distance has been provided for motorists to see bicycles and
pedestrians in the vicinity while exiting onto Newport Boulevard,
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Use Permit
No. UP2010 -017 and Outdoor Dining Permit No. OD2010 -004, subject to the conditions
set forth in Exhibit A, which is attached hereto and incorporated by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF DECEMBER, 2010.
AYES:
NOES:
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Planning Commission Resolution No. _
Page 7 of 15
ABSTAIN:
ABSENT:
BY:
Ear
BY:
McDaniel, Chairman
Michael Toerge, Secretary
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Planning Commission Resolution No. _
Page 8 of 15
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
Planning Department Conditions
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Use Permit No. UP2010 -017 and Outdoor Dining Permit No. 2010 -004 shall expire
unless exercised within 24 months from the date of approval as specified in Section
20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise
granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
5. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
7. This Use Permit and Accessory Outdoor Dining 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.
8. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
9. A copy of this approval letter shall be incorporated into the Building Department and
field sets of plans prior to issuance of the building permits.
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Planning Commission Resolution No.
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10. 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.
11. 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
Department.
12. The project is subject to all applicable City. ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. The outdoor patio area in excess of 25 percent of the interior net public area shall be
included in the shopping center calculation for gross floor area and the 15 percent
maximum floor area limit for eating and drinking establishments.
14. The hours of operation for the interior of the eating and drinking establishment and the
outdoor patio are limited from 11:00 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.
15. 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, 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.
16. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
17. 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.
18. Alcohol sales and consumption shall only be permitted in the interior of the
establishment. Alcohol service is not permitted on the outdoor patio.
19. No "happy hour" type or 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.
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Planning Commission Resolution No. _
Page 10 of 15
20. The Use Permit is for the operation of an Eating and Drinking Establishment or
restaurant and does not authorize the use or operation of a bar, tavern, cocktail
lounge, nightclub or commercial recreational entertainment venue.
21. 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.
22. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge,
including minimum drink orders or sale of drinks is prohibited.
23. 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.
24. 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.
25. Live entertainment and dancing shall be prohibited as a part of the regular operation of
the establishment.
26. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
27. The approval is only for the establishment of a restaurant type facility as defined by Title
20 of the Municipal Code, with the principal purpose for the sale or service of food and
beverages with sale and service of alcoholic beverages incidental to the food use.
28. Full meal service shall be provided during all hours of operation.
29. Strict adherence to maximum occupancy limits is required.
30. The accessory outdoor dining shall be used only in conjunction with the related adjacent
establishment.
31. The outdoor patio shall be limited to 336 square feet in area and provide seating for
twenty persons maximum.
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32. The seating and dining in the outdoor area shall be limited to dining table height
(approximately 30 inches) and table surface area of 30 inches by 30 inches minimum.
The use of elevated counters, tables, and barstools are prohibited in the outdoor dining
area.
33. Prior to issuance of buildinq permits, plans for the outdoor dining /patio areas shall be
reviewed and approved by the Planning Department. Final material, height, and
location of the fence shall be subject to approval by the Building and Planning
Department staff.
34. 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. Fences, walls, or similar barriers
shall serve only to define the outdoor dining area and not constitute a permanent all
weather enclosure.
35. The material and color of any awning or umbrella located on the outdoor dining /patio
areas shall be subject to review and approval by the Planning Department. No form of
advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor
patio dining areas. The outdoor patio dining areas, including any awning or umbrella,
shall be maintained in a clean orderly condition at all times.
36. The installation of roof coverings 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.
37. Should problems arise with regard to noise associated with the outdoor dining areas,
the Planning Department shall require the removal of all or a portion of the outdoor
dining area seating in the areas which contribute to the noise problems or complaints.
The Planning Director may also curtail or reduce hours of operation and use of the
outdoor dining area in response to noise complaints or loud and unreasonable noise
generated by the outdoor dining use.
38. No background music shall be allowed on any of the outdoor patios, dining areas,
lounges or waiting areas.
39. No amplified music, outside paging system, loudspeaker or other noise generating
device are permitted in conjunction with the outdoor dining area.
40. The proprietor shall actively control any noise generated by the patrons of the facility.
41. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below for the
specified time periods unless the ambient noise level is higher:
Between the hours of TOOAM Between the hours of
and 10:OOPM I 10:OOPM and TOOAM
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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
N/A
65dBA
N/A
60dBA
42. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code.
43. 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.
44. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise 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.
45. Prior to the final of building permits, the refuse storage facilities should be upgraded to
meet the requirements specified by Title 20 by providing self - locking gates.
46. 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.
47. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Department. Cleaning and maintenance of trash dumpsters shall be done in
compliance with the provisions of Title 14, including all future amendments (including
Water Quality related requirements).
48. 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.
49. 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.
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50. 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 Department 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.
51. 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.
52. All doors and windows of the entire facility shall remain closed at all times except for
the ingress and egress of patrons and employees. The rear doors of the facility shall
remain closed at all times. The use of the rear door shall be limited to deliveries and
employee use only. Ingress and egress by patrons is prohibited unless there is an
emergency.
53. All exits shall remain free of obstructions and available for ingress and egress at all
times.
54. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26
of the Municipal Code, Community Noise Control.
55. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and the provisions of Chapter 20.67 of the Newport Beach
Municipal Code.
56. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted,
either on -site or off -site, to advertise the proposed food establishment, unless specifically
permitted in accordance with the Sign Ordinance of the Municipal Code.
57. 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.
58. 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.
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,
Tmpll: 04114/10
Planning Commission Resolution No.
Page 14 of 15
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 Chipotle Mexican Grill including, but not limited to, Use
Permit No. UP2010 -017, Outdoor Dining Permit No. OD2010 -004 (PA2010 -096) and the
determination that the project is exempt under the requirements of the California
Environmental Quality Act. 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.,
Building Department Conditions
60. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Department.
61. A building permit is required to allow the change in use to an eating and drinking
establishment. The construction plans must comply with the most recent, City- adopted
version of the California Building Code.
62. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code. The facility shall be designed to meet exiting and
fire protection requirements as specified by the California Building Code and shall be
subject to review and approval by the Building Department.
63. The construction plans must meet all applicable State Disabilities Access requirements.
64. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
65. A grease interceptor shall be installed prior to the establishment opening for business.
Contact John Kinley, City Contractor, at (949) 888 -6536 for the correct sizing and type
required for the grease interceptor.
66. A covered wash -out area (36 inches wide by 36 inches deep by 72 inches high) for
refuse containers and kitchen equipment shall be provided and shall drain directly into
the sewer system, unless otherwise approved by the Building Director, Planning
Department, and Public Works Director in conjunction with the approval of an alternative
drainage plan. The washout area shall be specifically shown on the construction
drawings submitted for building permits.
Tmpll: 04114/10
Planning Commission Resolution No.
Page 15 of 15
67. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform
Mechanical Code. The issues. with regard to the control of smoke and odor shall be
directed to the South Coast Air Quality Management District.
Public Works Conditions
68. The proposed outdoor dining umbrellas and patio wall shall not encroach into the
Newport Blvd. public right -of -way.
69. The proposed patio wall height and outdoor dining area shall meet the City's sight
distance standard for pedestrian /bicyclists at the driveway approach on Newport Blvd.
Walls or any obstructions that could restrict view within the Limited Use Area shall not
be permitted. This also includes outdoor seating and tables. Refer to City Standard
STD - 110 -L.
70. An approved encroachment permit is required for all work activities within the public
right -of -way.
71. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
Tmpll: 04/14/10
The Landing Shopping Center
3101-3121 Newport Blvd. and 3100-3138 Balboa Blvd.
Table 1. Current Parking Summary
Last Updated: 12-02-2010
Proposed use
Tenant
Sqft
Patio Sq
Ft
Patio Sq
Ft
Parked
Parking
Requirement at I
space/200 sq ft
Outdoor
Patio
Discretionary Application No.
Grocery
Pavillion's
28,337
142
Chip
�3
S3107
Retail
1,878
9
S3109
Retail
738
4
S3115
lRetail
900
5
S3117
Retail
761
4
S3121
Retail
1,614
8
S3130
Retail
2,918
15
S3134
Retail
903
5
S3136
Retail
1,003
5
S3138
Retail
998
5
S3142
Retail
2,083
10
Storage
N/A
95
0
New Pad (bank)
Retail
4,000
20
TOTAL
N/A
47,878
586
240
3
*A total of Eight (8) parking spaces are waived through Amendment No. Ito Use Permit No. QP2O1g'8O2
**Total Eating and Drinking Establishments Square Footage Parked: 1,911 sq ft
***Tota| Maximum Eating and Drinking Establishment Square Footage: 7.269sqft
****Pencentageof Gross Floor Area Currently Utilized: Z6%
Attachment No. PC 2
October 7, 2010
Planning Commission Staff Report
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 7, 2010 Meeting
Agenda Item 2
SUBJECT: Chipotle Mexican Grill- (PA2010 -096)
3101 Newport Boulevard
• Use Permit No. UP2010 -017
• Accessory Outdoor Dining Permit No. OD2010 -004
APPLICANT: Chipotle Mexican Grill Inc.
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
PROJECT SUMMARY
A use permit and accessory outdoor dining permit to allow a take -out service eating and
drinking establishment with a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic
Beverage Control (ABC) license and an outdoor patio. The project is located in the
Landing Shopping Center (formerly Albertson's),
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. approving Use Permit No. UP2010 -017 for an eating and
drinking establishment with a Type 41 (On Sale Beer & Wine, Eating Place) and
Accessory Outdoor Dining Permit No. OD2010 -004 for the outdoor patio subject to
the findings and conditions in the attached draft resolution (Attachment No. PC 1).
INTRODUCTION
The subject property is bounded by Newport Boulevard, Balboa Boulevard, 301h Street,
and 32" Street. The area in the vicinity of the project site is developed with residential
uses across 30th Street, 32nd Street, and adjacent to the southwest corner of the
property, retail and restaurant uses along Newport Boulevard, and a public parking lot to
the south of the subject property.
Chipotle will occupy a tenant space at the east end of the old Albertson's shopping
center where Carl's Junior once operated. The shopping center is currently closed for
renovation and will reopen next summer as "The Landing ". 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).
Chipotle Mexican Grill
October 7, 2010
Page 2
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GENERAL PLAN
ZONING
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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
Cannery
CN (Neighborhood
Village /McFadden Square
ON -SITE
Commercial)
Specific Plan, Retail and
Vacant
Service Commercial (SP-
6/RSC
NORTH
RT (Two -Unit Residential)
R -2 (Two - Family
Single -unit and two -unit
PaQirlantinh
dwellings
SOUTH
PF (Public Facilities) and
SP -6 /RSC
Retail, public parking lot, and
RT (Two-Unit Residential
single-unit and two -unit dwellings
EAST
CV (Visitor Serving
SP -6 /RSC
Retail
Commercial
WEST
RT (Two -Unit Residential)
R -2
Single -unit and two -unit
dwellings
Chipotle Mexican Grill
October 7, 2010
Page 3
Background
The now closed shopping center was originally developed in 1960 and currently
contains 41,363 square feet of floor area and 208 parking spaces on -site. The subject
tenant space is currently vacant.
A renovation of the existing shopping center was approved through Use Permit Nos.
UP2009 -035, UP2010 -002, and Parcel Map No. NP2009 -013 (PA2010 -153) in February
of 2010. Included in the approval are a waiver of five required off - street parking spaces
through the approval of a parking management program, a new 30 -foot high fagade that
exceeds the base 26 -foot height limit, and a parcel map to merge several parcels into
one lot.
The renovated center will total 47,928 square feet of floor area and provide 235 parking
spaces. The shopping center will include a 2,515- square -foot addition along the western
wing of the existing retail shops (Shops B), a new fagade along the entire retail frontage
facing 32nd street, a new, 4,000- square -foot bank building in the northwestern corner of
the parking lot, and restriping and landscaping within the existing parking lot.
All prior permits for tenants of the existing shopping center are void and all new eating
and drinking establishments require use permits.
Project Description
The gross floor area of the proposed restaurant is 1,700 square feet, the interior net
public area will be 500 square feet, and the outdoor patio will be 336 square feet in
area. Beer and wine will only be served inside the establishment and will not be served
on the outdoor patio. The proposed hours of operation are from 11:00 a.m. to 10:00
p.m. and the establishment will provide 22 interior seats and 20 seats on the patio
(Attachment No. PC 2- Project Plans).
The outdoor patio will be seperated from the public sidewalk by a 3 -foot tall powder
coated steel railing. There is no direct access from the interior of the establishment to
the outdoor patio area. Patrons must exit the establishment and enter the outdoor dining
area from the adjacent sidewalk. The outdoor dining area has been configured to
provide adequate site distance and accommodate pedestrian and bicycle visibility due
to its proximity to a driveway along Newport Boulevard. The hours of operation for the
outdoor dining area will be the same as the interior of the establishment (11:00 a.m. to
10:00 p.m., daily).
Alcohol service is proposed for the interior dining area of the establishment only. The
applicant is requesting a Type 41 ABC license which allows the sale of beer and wine for
consumption on or off the premises. Distilled spirits may not be on the premises. The
establishment must operate and maintain the licensed premises as a bona fide eating
Chipotle Mexican Grill
October 7, 2010
Page 4
place and must make actual and substantial sales of meals, during the normal meal hours
that they are open, at least five days a week. Minors would be allowed on the premises.
DISCUSSION
General Plan /Coastal Land Use Plan /Zonin
The General Plan and Coastal Land Use Plan (CLUP) designate this site CN
(Neighborhood Commercial). 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.
The site is located in the RSC (Retail and Service Commercial) sub -area within the SP -6
(Cannery Village /McFadden Square Specific Plan) Zoning District. The RSC sub -area is
intended to provide for retail sales, personal and professional uses that offer direct
services to the public, and marine - related light industrial uses. This designation provides
a wide range of uses and services accommodating both residents and visitors, the
boating industry, and also provides continuity between districts to increase the potential
for "shared sales" from pedestrians. The proposed eating and drinking establishment is
consistent with land uses permitted by the RSC land use designation in the SP -6 Zoning
District.
Under the draft Zoning Code, the site is located in the CN (Neighborhood Commercial)
Zoning District. The proposed eating and drinking establishment would be allowed with
the approval of a minor use permit because the establishment does not propose late
hours of operation.
Alcoholic Beverage Sales
The applicant requests approval of a Type 41 ABC license. Chipotle's business model
typically includes some level of on- premise alcohol sales. Of 26 of the locations in
Orange County and Los Angeles County, 13 Chipotle locations have a Type 47 alcohol
license (full service), 11 have a Type 41 alcohol license, and there was no alcohol
license for one location.
The location of the proposed establishment is in close proximity to several
establishments with alcohol licenses including Malarky's Irish Pub, Rudy's, and Ho Sum
Bistro. The Police Department has prepared an Alcohol Related Statistics report
(Attachment No. PC 3) for the project site that indicates an over concentration of alcohol
licenses within this statistical area. The data from the Alcohol Related Statistics Report
is incorporated into the factors for consideration, provided below.
Chipotle Mexican Grill
October 7, 2010
Page 5
Factors to Consider
Section 20.89.030 (Alcoholic Beverage Outlets) 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.
1. Whether the use serves public convenience or necessity.
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 provide for the convenience of
customers. 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.
2. 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% above the City
wide reporting district average. The higher crime rate within this reporting district is
largely due to the number of visitors to the Balboa Peninsula, the high concentration,
and type of commercial uses in the area.
Chipotle Mexican Grill
October 7, 2010
Page 6
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county -wide average.
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).
4. The numbers of alcohol- related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts.
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 2008 compared to the adjacent reporting districts. The Police Department
reported 30 calls for service to the subject property, 15 of which were for traffic related
stops, and seven of which were alcohol related. The existing shopping center did not
accommodate any uses which possessed ABC licenses allowing alcohol sales for on-
site consumption.
5. The proximity of the alcoholic beverage outlet to residential districts, day care
centers, park and recreation facilities, places of religious assembly, and schools.
Residential properties are located 400 feet across 30Th Street to the southwest, 250 feet
across 32nd Street to the north, and adjacent to the subject property to the southwest.
The proposed use is separated from nearby residences due to the location of the tenant
space at the east end of the shopping center and faces the parking lot and Newport
Blvd. The nearest recreational facility, the beach, is located approximately 550 feet to
the west of the subject property. The nearest church, St. James Anglican Church, is
located 850 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 located
immediately adjacent to Newport Blvd. and is surrounded by other commercial uses
including several other eating and drinking establishments.
Chipotle Mexican Grill
October 7, 2010
Page 7
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. 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. Refer to Attachment No. PC 5 for a copy of the Police Department
Recommendation. In addition, all employees serving alcohol will be required to be at
least 21 years of age and receive ABC - required Licensee Education on Alcohol and
Drugs (LEAD) training.
Parking
The 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. Chipotle is the
first eating and drinking establishment to request authorization within the shopping
center under renovation, and therefore it falls within the 15 percent allotted for eating
and drinking establishments.
In accordance with the provisions of Section 20.82.050 (Accessory Outdoor Dining) of
the Zoning Code, accessory outdoor dining requires no additional parking if it is less
than 25 percent of the interior net public area. Excess outdoor dining is defined as gross
floor area and as such it requires parking and counts against entitlement. The outdoor
patio is 336 square feet and is 211 square feet in excess of the 25 percent allowance.
Therefore, 1,911 square feet (1,700 sq ft of gross floor area plus 211 sq ft), including
the portion of the outdoor dining in excess of the 25 percent allowance will be parked.
This accounts for four percent of the of the gross floor area allotted for eating and
drinking establishments.
Outdoor dining areas in excess of 25% of the interior net public area were not
accounted for in the shopping center parking management plan and staff has estimated
the amount of outdoor dining that could be achieved within the shopping center without
an additional parking waiver. The estimate is based on the 15% of gross floor area
(7,182 square feet) allowed for eating and drinking establishments and on the
assumption that net public area will occupy 33% of that 7,182 square feet. The result is
593 square feet of outdoor dining area that can be established without providing
additional parking. As future eating and drinking establishments come forward, staff will
account for the total outdoor dining areas to ensure that the total areas do not exceed
the allowed limits or require an application for an amendment of the parking
management plan if necessary to accommodate future outdoor dining areas in excess
of assumptions.
Chipotle Mexican Grill
October 7, 2010
Page 8
Use Permit Findings
In accordance with Sections 20.91.035.A, the Planning Commission must make the
following findings for approval:
1. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located; will not be detrimental
to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will not
be detrimental to the properties or improvements in the vicinity or to the general
welfare of the city.
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
In accordance with Sections and 20.82.050.6, the Planning Commission must make the
following findings for approval:
1. That the proposed outdoor dining is accessory to the Eating and Drinking
Establishment.
2. The establishment, maintenance or operation of the accessory outdoor dining will
not, under the circumstances o the particular case, be detrimental to the health,
safety, peace, comfort, and general welfare of persons residing or working in the
neighborhood or injurious to property or improvements in the area.
3. That the proposed accessory outdoor dining will not be located so as to result in
the reduction of existing parking spaces.
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 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, the Police Department has no objections, and
operational conditions of approval have been included to ensure the restaurant is
compatible with the surrounding neighborhood. 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).
Chipotle Mexican Grill
October 7, 2010
Page 9
Summary
Staff recommends approval of a use permit per the conditions of approval provided in
the attached draft resolution (Attachment No. PC 1) for a take -out service establishment
with a Type 41 (On Sale Beer and Wine, Eating Place) ABC license and an accessory
outdoor dining permit for an outdoor patio as requested.
Alternatives
If the Planning Commission does not believe the findings for approval can be made, the
Planning Commission may deny the subject applications. In addition, the Planning
Commission may approve a modified project or modify conditions of approval to
address areas of concern. Should the Planning Commission choose to do so, staff will
return with a revised resolution incorporating new findings and /or conditions.
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. 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 tenant
space and the construction of a new outdoor patio. The proposed use is less than 2,500
square feet. Therefore, both the interior use and outdoor patio qualify 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: Submitted by:
Makana Nova, Assistant Planner James Campbell, Acting Planning Director
Chipotle Mexican Grill
October 7, 2010
Page 10
ATTACHMENTS
PC 1
Draft Resolution with Findings and Conditions
PC 2
Project Plans
PC 3
Alcohol Related Statistics
PC 4
Newport Beach Reporting Districts
PC 5
Police Department Recommendation
F: \USERS \PLN \Shared \PA's \PAs - 2010 \PA2010 - 096 \UP2010- 017_OD2010 -004 PC Rpt.doc
Tmplt: 11/23109
Attachment No. PC 3
October 7, 2010
Planning Commission Minutes
NEWPORT BEACH PLANNING COMMISSION MINUTES 10/07/2010
Ayes:
Eaton, Unsworth, Hawkins, Ameri, and Toerge
Noes:
None
Abstained:
McDaniel
Excused:
Hill ren
PUBLIC HEARING ITEMS
SUBJECT: Chipotle Mexican Grill — (PA2010 -096)
ITEM NO.2
3101 Newport Boulevard
PA2010 -096
A use permit and accessory outdoor dining permit to allow a take -out
Continued to
service eating and drinking establishment with a Type 41 (On Sale
November
Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC)
18, 2010
license and an outdoor patio. The project is located in the Landing
Shopping Center (formerly Albertson's)
Makana Nova, Assistant Planner, gave a brief presentation.
After discussion, the Commission identified the following general comments
and concerns for the project:
• The outdoor patio exceeds the 25 percent allowance.
• The proposed project, if approved as designed, denies future users of
rights for a percentage of the parking for patio spaces at the patios. This
will limit the kind of uses that come later on. There is an issue giving this
user the potential right of other potential users ahead of time to provide
outdoor patio space.
• There is currently no comprehensive plan for patio areas within the
center. A spreadsheet should be developed and maintained to track the
impact to parking for the shopping center.
• The parking for outdoor patios for the entire shopping should have been
addressed previously. The property owner should address the impact on
parking for the shopping center.
• The parking areas have already been reconfigured and it might not be
possible to be redesigned for the additional parking.
Staff noted approval of this restaurant is consistent with the prior approval and
consistent with the Municipal Code. If sufficient parking is not provided, a
parking waiver would be required. Staff does not have the authority to waive
parking.
Sean Whiskeman, Vice President of Catellus Operating Limited Partnership the
property owner, and Rob Lucio, representing Chipotle, responded to several
questions from the Commissioners regarding the applicant's necessity for the
outdoor patio and how alcohol service will be regulated between the interior of
the establishment and the outdoor patio. Alcohol service would be regulated by
the manager on -site who has a view of the outdoor patio areas. Both parties
Page 2 of 6
NEWPORT BEACH PLANNING COMMISSION MINUTES 10/07/2010
preferred a continuance of the entire application rather than a partial approval
of the use permit for the interior dining spaces and agreed to have this item
continued to November 18, 2010.
Public comment was opened.
Comments were given by the following residents from the surrounding
neighborhood:
George Schroeder — Peninsula resident
Joe Reiss — 301h Street
The residents had the following comments and concerns
• The inability to secure adequate parking for the outdoor patio areas.
• The high concentration of alcohol licenses within the vicinity of this
application and the resulting negative impacts to residents in the
neighborhood.
• Expressed general support of the project and thanked staff, the police,
and property owner for being very proactive in working with surrounding
residents on this application to address their concerns.
• Pleased that there will be no televisions, music, smoking, or alcohol in the
outdoor dining areas, and the hours of operations are reasonable.
Public comment was closed.
Motion made by Commissioner Ameri, seconded by Commissioner Hawkins
for discussion purposes, to deny a use permit and accessory outdoor dining
permit to allow a take -out service eating and drinking establishment with a
Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control
(ABC) license and an outdoor patio.
General discussion of the motion ensued.
Substitute Motion made by Commissioner Hawkins, seconded by
Commissioner Unsworth, to continue this item to November 18, 2010, in order
to allow the applicant and the property owner to work with staff to
comprehensively address parking for outdoor patios within the entire shopping
center as a whole
Substitute Motion made by Commissioner Toerge to approve the use without
outdoor dining.
After discussion of the motion, Commissioner Ameri and Commissioner Toerge
withdrew their motions. Commissioner Ameri, maker of motion, agreed to the
substitute motion to continue the item to November 18, 2010.
Motion carried with the followina vote:
Page 3 of 6
NEWPORT BEACH PLANNING COMMISSION MINUTES 10/07/2010
Ayes: I Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge
Noes: None
Bella Cara Dermatology GPA — (PA2010-
481 — 495 Old Newport Boulevard
PA2010 -102
The applicant is seeking a General Plan Amendment (GPA) to Denied
accommodate the development of a 9,500- square -foot office building
containing 4,000 square feet of medical office space and 5,500 square
feet of general office space. The following applications are requested
or required in order to implement the project as presently designed:
1. An amendment to the Land Use Element of the General
Plan to increase the allowable floor area for the project site
from 8,030 square feet (0.5 FAR) to a maximum development
limit of 9,500 square feet (0.59FAR).
2. A use permit to allow portions of the building to exceed the 32-
foot base height limit.
3. An 11 -space off - street parking credit commensurate with the
number of on- street parking spaces available along the project
frontage.
4. A lot merger to combine three lots and 20 feet of the adjacent
abandoned right -of -way into one parcel.
Jaime Murillo, Associate Planner, gave a brief overview of the staff report
Dr. Hung Ong, applicant, and Theodora Altanassova, project architect,
provided a presentation illustrating the existing conditions of the site, proposed
project, site constraints, and costs.
The Commission asked Ms. Attanassova questions about colors and materials,
and how the increased intensity will help enable the project to be constructed.
Staff was asked questions about the off - street parking credit.
Public comment was opened.
The following residents from the surrounding neighborhood spoke in opposition
of the project:
Eric Sanders — 400 Holmwood Drive
Stacy Wise — 3233 Broad Street
Stephanie Noble — 3239 Broad Street
Garrett Jansma — 3239 & 3241 Broad Street
Dane Danson — 3238 Broad Street
Ross McElfresh — 514 Bolsa
Stephen Nageotte — 3235 Broad Street
Tom Baker — 413 Holmwood Drive
Page 4 of 6
Attachment No. PC 4
The Landing Square Footage
Tracking Table
The Landing Shopping Center
31O1-31Z2 Newport Blvd. and 31O0^313D Balboa Blvd.
Table 1. Current Parking Summary
Last Updated: 12-02-2010
Proposed use
Tenant
Scl ft
Patio Sq
Ft
Patio Sq
Ft
Parked
Parking
Requirement at I
space/200 sq ft
Outdoor
Patio
Discretionary Application No.
Grocery
Pavillion's
28,337
142
P Q 0-1 10 61917b
S3107
Retail
1,878
9
S3109
Retail
738
4
S3115
lRetail
900
5
S3117
Retail
761
4
S3121
Retail
1,614
8
S3130
Retail
2,918
15
S3134
Retail
903
5
S3136
Retail
1,003
5
S3138
Retail
998
5
S3142
Retail
2,083
10
Storage
N/A
95
0
New Pad (bank)
Retail
4,000
20
TOTAL
N/A
47,878
586
240
3
* A total of Eight (8) parking spaces are waived through Amendment No. 1 to Use Permit No. UP2010-002
**Tmta| Eating and Drinking Establishments Square Footage Parked: 1,911sqft
***Tota| Maximum Eating and Drinking Establishment Square Footage: J/269sqft
****PercentaDenf Gross Floor Area Currently Utilized: 36%
Attachment No. PC 5
Alcohol Related Statistics
City of Newport Beach
Police Department
Memorandum
July 30, 2010
TO: Makana Nova, Assistant Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Chipotle Mexican Grill
at 3101Newport Blvd. This area encompasses our reporting district (RD) 11 timber 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 777eft 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
1,265,920
11,149,927
Part 2
242
3,350
N/A
N/A
Part 1Crime Rate
11,506.43
3,297.31
3,444.06
3,667.02
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 ton 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 were 80 DUI arrests and 281 Plain Drink 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*
336,008 2,094,465
1,547,811 14,005,615
Additional Information
The 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 r.atio1 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 2008 Uniform Crime Report::, 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 6
Newport Beach Reporting Districts
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Attachment No. PC 7
Police Department Recommendation
City of Newport Beach
Police Department
Memorandum
August 11, 2010
TO: Makana Nova, Assistant Planner
FROM: Detective Bryan Moore
SUBJECT: Chipotle Mexican Grill, 3101 Newport Boulevard, Use Permit No.
2010 -017 OD2010 -004 (PA2010 -096).
At your request, the police department has reviewed the project application for
Chipotle Mexican Grill, located at 3101 Newport Boulevard, Newport Beach. The
applicant proposes a use permit and outdoor dining permit that would allow for a
full- service, small -scale eating and drinking establishment with a Type 47
alcoholic beverage license. The interior net public area will be 464 square feet
and the accessory outdoor dining area will be 377 square feet in area. The
establishment will provide a maximum of 25 seats for interior and exterior dining
areas. Alcohol will only be served inside the establishment and will not be
served on the outdoor patio.
The applicant will apply for a Type 47 (On Sale General — Eating Place) license
with the Department of Alcoholic Beverage Control.
I have included a report 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
Chipotle is a company -owned chain of restaurants in the United States and
Canada specializing in burritos and tacos, It was founded by Steve Ells in 1993
and based in Denver, Colorado. Chipotle was one of the first chains of "fast
casual" dining establishments. The company currently has more than 1000
locations, with restaurants in 36 states; the District of Columbia; Ontario,
Canada; and London, England. Its net income in 2009 was $126 million, with the
company employing more than 22,000 staff.
Chipotle
UP No. 2010 -017
Recommendations
The proposed location for Chipotle is located in RD (reporting district) 15 which is
the most concentrated area for retail alcohol establishments in Newport Beach (1
ABC license for every 38 residents). Additionally, this RD had a total of 946
reported crimes as compared to a City wide reporting district average of 162
reported crimes (483:95% above the City wide RD average). These statistics
would tend to indicate that there is a strong correlation between the over -
concentration of ABC establishments and police related activity. It should also
be noted that the majority of these calls for service occurred between the hours
of 6 p.m. and 2 a.m.
It is for the above reasons that we are projecting that the applicant's proposal (for
a Type 47 alcoholic beverage license) will result in an increase in police related
activities and calls for police services. The resources required to address these
events would detract from our ability to provide police services to the other areas
of the community; therefore, we are recommending that Chipotle be approved for
a Type 41 (On -Sale Beer & Wine) alcoholic beverage license. The Police
Department believes that the absence of distilled spirits will help to minimize the
negative impacts an additional alcoholic beverage license will have in this
particular community.
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 11:00 a.m. to 10:00 p.m. daily.
The Police Department recommends that Chipotle close not later than 10:00 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.
2
Chipotle
UP No. 2010 -017
Additional Comments
The police department has no additional objections to the operation as described
by the applicant. For the purposes of this application, staff may also want to
consider establishing conditions that would require a special event permit. A
special event permit may be required for any event or promotional activity outside
the normal operational characteristics of the proposed operation. For example,
events likely to attract large crowds, events for which an admission fee is
charged, events that include any form of contract promoters, or any other
activities as specified in the Newport Beach Municipal Code to require such
permits.
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions
would be appropriate for the conditional use permit for the business:
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. 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 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.
Chipotle
UP No. 2010 -017
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 until
close.
11. Strict adherence to maximum occupancy limits is required.
Alcoholic Beverage Control License
Upon approval of the CUP, the ABC license will be conditioned as necessary to
maintain the health, safety and welfare of the community.
If you have any questions, please contact me at (949) 644 -3725.
Detective Bryan Moore
ABC Liaison
Craig F x, Captain
Detective Division Commander
:l
Attachment No. PC 8
Project Plans
R
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PLANNING DEPART]
Ove d She Plan
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JOHN M DUNGAN
A P C 11 1 T E C T
6626 Santa Fe Drive
S uIt. 304
Overland Park, KS
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