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HomeMy WebLinkAboutThe Counter_PA2009-166CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 18, 2010 Agenda Item No. 2 SUBJECT: The Counter - (PA2009 -166) 1104 Irvine Avenue Suite No. 1104 and No. 1108 • Use Permit No. UP2009 -042 • Outdoor Dining Permit No. OD2010 -002 APPLICANT: Liam Carrol PLANNER: Russell Bunim, Assistant Planner (949) 644 -3233, rbunim @newportbeachca.gov PROJECT SUMMARY The application consists of a use permit for an eating and drinking establishment (restaurant) that would supersede Use Permit No. 3445 and allow for the following: 1) A 774 - gross- square -foot expansion, including 567 square feet of net public area (NPA) for the purpose of providing additional dining and bar area; and 2) An outdoor dining permit that would allow accessory outdoor dining NPA equal to 25 percent of the indoor NPA; and 3) Introduction of a Type 47 (On -Sale General — Eating Place) Alcoholic Beverage Control (ABC) license. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. approving Use Permit No. UP2009 -042 and Outdoor Dining Permit No. OD2010 -002 (Attachment No. PC 1). The Counter March 18, 2010 Page 2 VICINITY MAP LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Neighborhood Commercial CN Retail Service Commercial RSC Retail NORTH Multiple -Unit Residential RM Multiple - Family Residential MFR Multiple -Unit Residential SOUTH General Commercial CG RSC Retail EAST RM MFR Multiple-Unit Residential WEST Retail (City of Costa Mesa Retail (City of Costa Mesa Retail (City of Costa Mesa The Counter March 18, 2010 Page 3 INTRODUCTION Project Setting The project is located at the northeast corner of Westcliff Drive and Irvine Avenue. The restaurant is proposed in a multi- tenant, retail center that includes restaurants, shops and a grocery store. Project Description The applicant is requesting the following changes in operational characteristics of the previous restaurant: 1. The previous restaurant was a full - service, high turnover restaurant consisting of 1,800 gross square feet, including approximately 900 square feet of NPA (526 square feet of indoor NPA and 374 square feet of outdoor NPA). The applicant proposes to expand the previous restaurant into the adjacent 780 - square -foot tenant space. The total gross floor area of the proposed restaurant would be 2,581 square feet. The total NPA of the proposed restaurant would be 1,467 square feet (1,078 square feet indoor and 389 square feet outdoor). See Attachment No. PC 2 for the project plans. 2. The applicant has applied for an outdoor dining permit that would allow an outdoor NPA seating area equal to 25 percent of the indoor NPA. 3. In conjunction with the expansion of the restaurant, the applicant is requesting a Type 47 license which includes the sale of beer, wine and distilled spirits. The layout of the restaurant will include a dining area (indoor and outdoor) and a service counter (bar). The applicant has proposed to install two wall- mounted televisions in the service counter area for customers to view while dining. The proposed hours of operation for the restaurant are 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to 11:00 p.m., Friday and Saturday. The outdoor dining area will close every night by 10:00 p.m. Staff recommends that the Planning Commission require, as a condition of approval to this application, that the property owner (Irvine Company) relinquish their rights to a 35- space parking waiver and ABC license at 1112 Irvine Avenue, currently occupied by Pick Up Stix. (See 1112 Irvine Avenue — Pick Up Stix section in this report on Page No. 8.) Background On June 4, 1992, eating and drinking Wine). DISCUSSION Analysis The Counter March 18, 2010 Page 4 the Planning Commission approved a full- service, high - tumover establishment with a Type 41 ABC license (On -Sale Beer and Outdoor Dining Permit Pursuant to Section 20.82.050 of the Zoning Code, the Planning Commission may approve an application to add or expand outdoor dining for restaurants without providing additional parking provided that the area devoted to outdoor dining does not exceed 25 percent of the indoor NPA of the establishment, or 1,000 square feet, whichever is less, and is accessory to the indoor dining area. Accessory outdoor dining areas are not counted toward code - required parking calculations. In this case, 269 square feet (25 percent of the 1,078- square foot indoor NPA) of outdoor NPA dining could be added without additional parking. Off - Street Parking Requirement The Zoning Code parking requirement for full- service, high- turnover restaurants ranges from one space per 30 square feet to 50 square feet of net public area. One space per 40 square feet was the requirement for the previous restaurant. Based on the physical design, operational characteristics and the location, staff believes one space per 40 square feet would be appropriate for the proposed restaurant as well. The applicant submitted a parking allocation document from the property owner (Irvine Company) for the entire site (See Attachment No. PC 3). It shows 37 parking spaces allocated for the subject restaurant; however, with the approval of an accessory outdoor dining permit, only 30 parking spaces are required for the proposed use. The number of code - required parking spaces for the proposed restaurant with and without an accessory dining permit is shown in the charts below: Proposed Restaurant without Accessory Outdoor Dining Permit Areas Square Feet ZC Parking Requirement Parking Required per the ZC Indoor NPA 1,078 1 s ace er 40 s ft of NPA 26.95 Outdoor Dining Area 389 1 space per 40 sq ft of NPA 9.725 Total NPA for the proposed use Total = Rounded Up = 36.675 37 The Counter March 18, 2010 Page 5 Proposed Restaurant with Accessory Outdoor Dining Permit Areas Square Feet ZC Parking Requirement Parking Required per the ZC Indoor NPA 1 1,078 T1 s ace er 40 sq ft of NPA 26.95 Total Outdoor Dining Area 389 for reference only) "Accessory Outdoor Dining" 269 None per Section 20.82.050 None 25 % of indoor NPA of the Zoning Code Outdoor Dining Area (for 120 1 space per 40 sq ft of NPA 3 parking purposes) 389 - 269 Total NPA for the proposed use Total = 29.95 Rounded Up = 30 The 517 parking spaces on site can accommodate the proposed restaurant with or without the approval of an accessory outdoor dining permit. Alcoholic Beverage Outlet Ordinance In conjunction with the proposed expansion, the applicant is requesting a new Type 47 ABC license, which allows for the service of beer, wine and distilled spirits. Pursuant to Chapter 20.89 of the Zoning Code, a use permit is required for a change in type of retail liquor license with the Department of Alcoholic Beverage Control. In this case, the change in type of ABC license is from a Type 41 to a Type 47. In order to approve a use permit, the Planning Commission must consider the following: 1. Whether the use serves public convenience or necessity. The applicant requests a Type 47 ABC license to allow the service of beer, wine and distilled spirits, which is common for a full- service, high turnover restaurant. This would be the only restaurant on site serving alcoholic beverages if the ABC license at 1112 Irvine Avenue is relinquished. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The project site is located in Reporting District (RD) 28, which is located between Irvine Avenue, Dover Drive and Westcliff Drive. See Attachment No. PC 3 for a map of all Reporting Districts in the City, including the location of RD 28 and the two adjacent reporting districts RD 25 and RD 26, which comprise similar commercial and residential uses, and are used for a comparison within this report. During the 2008 calendar year, there were 6,779 crimes reported citywide. RD 28 had a total of 298 reported crimes as compared to the citywide average of 178 reported crimes. This equates to 120 crimes more, or 67.42 percent above the citywide average. The project site is located in a shopping center on Irvine Avenue, which experiences a heavy influx of people on weekends and holidays. This may contribute to the higher The Counter March 18, 2010 Page 6 than average crime rate in this area. (See Attachment No. PC 4 for crime statistics provided by the Police Department.) The chart below provides data for crimes reported citywide, in RD 28 and the two adjacent reporting districts, RD 25 and RD 26: Reporting District Part One Crimes Serious Offences Part Two Crimes All Other Offences Part One Crimes Rate (per 100,000 people) Newport Beach 2,889 3,890 3,430.38 RD 28 155 99 5,749.26 RD 25 108 111 3,901.73 RD 26 104 1 50 3,923.05 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. The chart below provides data for the number of active ABC licenses and per capita ratio of active licenses for every resident in RD 28 and the two adjacent reporting districts, RD 25 and RD 26: Reporting District No. of Active ABC License Per Capita Ratio RD 28 6 449 residents RD 25 20 138 residents RD 26 15 177 residents Orange County 4,805 592 residents There are 6 active ABC licenses in RD 28, or a per capita ratio of 1 license for every 449 residents. This is lower than RD 25 and RD 26, which contain similar commercial and residential land uses. The Orange County average is 1 license for every 592 residents. 4. The number of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. The chart below reflects crime data for the 2008 Calendar Year. There were 17 drunk in public (DUI) arrests and 27 "plain drunk" arrests (44 total) in RD 28. There were 1,680 DUI /Drunk arrests for the entire City. This accounts for 2.62 percent of the DUI /Drunk arrests made in the City. The Police Department supports the proposed ABC Type 47 license with the proposed hours of operation. e The Counter March 18, 2010 Page 7 Reporting District DUI /Drunk Arrests Total Arrests Calls for Service RD 28 44 130 2,582 RD 25 45 111 2,952 RD 26 36 94 2,421 —Newport Beach 1,680 3,595 68,886 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. There are no schools, day care centers, or places of religious assembly near the project site. There are residential uses adjacent on the north and east sides of the property. However, the restaurant is oriented toward the south in a manner such that activity is shielded by the buildings from residential uses in the rear and sides of the commercial center. Use Permit Findings Pursuant to Section 20.91.035 of the Municipal Code, the Planning Commission must make certain findings in order to approve a use permit. The findings and facts in support of such findings are listed and discussed below. 1. That the proposed location of the use is in accordance with the objectives of this code and the purposes of the district in which the site is located. The existing restaurant is located in the RSC Zoning District, which is intended to provide areas that are predominantly retail in character. Restaurants are a retail service use and are permitted within this designation subject to the approval of a use permit. The proposed project consists of an expansion to a previous restaurant operation and a Type 47 ABC license, which is consistent with the Retail Service Commercial (RSC) Zoning District. 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. Restaurants are consistent with the Neighborhood Commercial land use designation of the General Plan, which is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of residents in the immediate area. The Counter March 18, 2010 Page 8 The proposed expansion would not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood; and would not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: • No dancing, live entertainment or pool tables will be permitted or provided on the premises. These types of uses require City Manager's approval. • The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages and the hours of operations ensure compatibility with the surrounding uses. 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. Restaurants are a permitted use in the RSC Zoning District, subject to approval of a use permit. The project substantially conforms to the development standards of the Zoning Code an d will not be detrimental to the adjoining properties. The project includes conditions to ensure that potential conflicts are minimized to the greatest extent possible. 4. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. The project is not located within a residential district; therefore, this finding does not apply. 1112 Irvine Avenue - Pick Up Stix Location On November 5, 1992, the Planning Commission approved Use Permit No. 3464 for a take -out restaurant. The parking requirement for the take -out land use classification requires one parking space per 50 gross square feet plus one for each employee on duty. The analysis in the Use Permit No. 3464 staff report equated that to 41 code - required parking spaces; six are provided and a 35 -space parking waiver was approved with the use permit. Staff believes the requirement of 41 parking spaces is too high for a 1,400 - gross- square -foot restaurant with 280 square feet of NPA and 14 seats, which is the current layout of Pick Up Stix. The restaurant should have been classified as a full - service, small -scale restaurant, which has a parking requirement of one space per 75 square feet of NPA, or one space per three seats, whichever is greater. The parking allocation chart (Attachment No. PC /J0 The Counter March 18, 2010 Page 9 3) provides this tenant space with six parking spaces, which would allow up to 450 square feet of NPA with 18 seats. Approval of Use Permit No. 3464 also included a Type 41 ABC License (On -Sale Beer and Wine); it has been inactive for over two years. Pursuant to 20.89.030 of the Zoning Code, a use permit is required if an applicant proposes to reinstate alcohol sales after the ABC license has been revoked or suspended for a period greater than 30 days by the ABC. Staff recommends that both the rights to a 35 -space parking waiver and the ABC License be relinquished by the property owner (Irvine Company) as a condition of approval for the subject application. 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). 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 ten 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: Russe II B mmu , Assistant Planner Submitted by: David Lepo, Plangj g Director ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Project plans PC 3 Parking Allocation Chart PC 4 Police Department Reporting District Map PC 5 Crime Statistics RESOLUTION FOR UP2009 -042 AND OD2010 -002 ATTACHMENT No. PC 1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2009 -042 AND OUTDOOR DINING PERMIT NO. OD2010 -002 FOR A FULL-SERVICE, HIGH - TURNOVER EATING AND DRINKING ESTABLISHMENT WITH A TYPE 47 ABC LICENSE LOCATED AT 1104 IRVINE AVENUE (PA2009 -166) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Liam Carrol, with respect to property located at 1104 Irvine Avenue, and legally described as Lot 6 of Tract 4824 requesting approval of a use permit, outdoor dining permit and Alcoholic Beverage Control (ABC) License. 2. The applicant proposes a use permit for an eating and drinking establishment (restaurant) that would supersede Use Permit No. 3445 and allow for the following: 1) A 774 - gross- square -foot expansion, including 567 square feet of net public area (NPA) for the purpose of providing additional dining and bar area; and 2) An outdoor dining permit that would allow accessory outdoor dining NPA equal to 25 percent of the indoor NPA; and 3) Introduction of a Type 47 (On -Sale General — Eating Place) Alcoholic Beverage Control (ABC) license. 3. The subject property is located within the Retail Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is Neighborhood Commercial (C N). 4. The subject property not located within the coastal zone. 5. A public hearing was held on March 18, 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. /S Planning Commission Resolution No. Page 2 of 10 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) SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.89.030 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Whether the use serves public convenience or necessity. Facts in Support of Finding: A -1. The applicant requests a Type 47 ABC license to allow the service of beer, wine and distilled spirits, which is common for a full - service, high turnover restaurant. This would be the only restaurant on site serving alcoholic beverages if the ABC license at 1112 Irvine Avenue is relinquished. Finding: B. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Facts in Support of Finding: B -1. The project site is located in Reporting District (RD) 28, which is located between Irvine Avenue, Dover Drive and Westcliff Drive. See Attachment No. PC 3 for a map of all Reporting Districts in the City, including the location of RD 28 and the two adjacent reporting districts RD 25 and RD 26, which comprise similar commercial and residential uses, and are used for a comparison within this report. During the 2008 calendar year, there were 6,779 crimes reported citywide. RD 28 had a total of 298 reported crimes as compared to the citywide average of 178 reported crimes. This equates to 120 crimes more, or 67.42 percent above the citywide average. The project site is located in a shopping center on Irvine Avenue, which experiences a heavy influx of people on weekends and holidays. This may contribute to the higher than average crime rate in this area. The chart below provides data for crimes reported citywide, in RD 28 and the two adjacent reporting districts, RD 25 and RD 26: Tmpll: 01114/10 / Planning Commission Resolution No. Paqe 3 of 10 Reporting District Part One Crimes Serious Offences Part Two Crimes All Other Offences Part One Crimes Rate (per 100,000 people) Newport Beach 2,889 3,890 3,430.38 RD 28 155 99 5,749.26 RD 25 108 111 3,901.73 RD 26 104 50 3,923.05 Finding: C. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. Facts in Support of Finding: C -1. The chart below provides data for the number of active ABC licenses and per capita ratio of active licenses for every resident in RD 28 and the two adjacent reporting districts, RD 25 and RD 26: Reporting District No. of Active ABC License Per Ca ita Ratio RD 28 6 449 residents RD 25 20 138 residents RD 26 15 177 residents Orange County 4,805 592 residents There are 6 active ABC licenses in RD 28, or a per capita ratio of 1 license for every 449 residents. This is lower than RD 25 and RD 26, which contain similar commercial and residential land uses. The Orange County average is 1 license for every 592 residents. Finding: D. The number of alcohol- related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. Facts in Support of Finding: D -1. The chart below reflects crime data for the 2008 Calendar Year. There were 17 drunk in public (DUI) arrests and 27 "plain drunk" arrests (44 total) in RD 28. There were 1,680 DUI /Drunk arrests for the entire City. This accounts for 2.62 percent of the DUI /Drunk arrests made in the City. The Police Department supports the proposed ABC Type 47 license with the proposed hours of operation. Reporting District DUI /Drunk Arrests Total Arrests Calls for Service RD 28 44 130 2,582 RD 25 45 111 2,952 RD 26 36 94 2,421 Newport Beach 1,680 3,595 68,886 Tmpll 01/14110 Planning Commission Resolution No. Page 4 of 10 Finding: E. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. Facts in Support of Finding: E -1. There are no schools, day care centers, or places of religious assembly near the project site. There are residential uses adjacent on the north and east sides of the property. However, the restaurant is oriented toward the south in a manner such that activity is shielded by the buildings from residential uses in the rear and sides of the commercial center. In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Findincr F. That the proposed location of the use is in accordance with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: F -1 The existing restaurant is located in the RSC Zoning District, which is intended to provide areas that are predominantly retail in character. Restaurants are a retail service use and are permitted within this designation subject to the approval of a use permit. The proposed project consists of an expansion to a previous restaurant operation and a Type 47 ABC license, which is consistent with the Retail Service Commercial (RSC) Zoning District. Finding: G. 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: G -1 Restaurants are consistent with the Neighborhood Commercial land use designation of the General Plan, which is intended to provide for a limited range of retail and service Tmpll: 01/14110 Planning Commission Resolution No. Page 5 of 10 uses developed in one or more distinct centers oriented to primarily serve the needs of residents in the immediate area. The proposed expansion would not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood; and would not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: • No dancing, live entertainment or pool tables will be permitted or provided on the premises. These types of uses require City Manager's approval. • The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages and the hours of operations ensure compatibility with the surrounding uses. Finding: H. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: H -1 Restaurants are a permitted use in the RSC Zoning District, subject to approval of a use permit. The project substantially conforms to the development standards of the Zoning Code and will not be detrimental to the adjoining properties. The project includes conditions to ensure that potential conflicts are minimized to the greatest extent possible. Finding: I. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. Facts in Support of Finding: 1 -1 The project is not located within a residential district; therefore, this finding does not apply. Tmplt: 01114110 �y Planning Commission Resolution No. Page 6 of 10 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves PA2009 -166, 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. 3. This resolution supersedes Use Permit No. 3445, which upon vesting of the rights authorized by this [application], shall become null and void. PASSED, APPROVED AND ADOPTED THIS [DATE] DAY OF [MONTH], [YEAR]. AYES: NOES: ABSTAIN: ABSENT: BY: MIN Robert Hawkins, Chairman Charles Unsworth, Secretary Tmplt: 01114110 Planning Commission Resolution No. Paqe 7 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) 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. 2009 -042 and Outdoor Dining Permit No. 2010 -002 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. Approval does not permit the premises to operate as a bar, tavem, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code, unless the Planning Commission first approves a use permit. 4. The use permit will not become effective until the rights to the 35 -space parking waiver at 1112 Irvine Avenue and the ABC License is relinquished by the property owner. 5. 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. 6. 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. 7. 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. 8. 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 beverage, without first obtaining an approved special event permit issued by the City of Newport Beach. 9. There shall be no live entertainment allowed on the premises. 10. There shall be no dancing allowed on the premises. 11. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. Tmplt: 01/14/10 Planning Commission Resolution No. Paoe 8 of 10 12. Food service from the regular menu must be available to patrons up to 30 minutes before the scheduled closing time. 13. Strict adherence to the maximum occupancy limits is required. 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 15. 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. 16. 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. 17. 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. 18. 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. 19. Prior to issuance of building permits, approval from the California Coastal Commission shall be required. 20. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 21. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 22. 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 specked time periods unless the ambient noise level is higher: TmpO: 01/14/10 Planning Commission Resolution No. Page 9 of 10 23. 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. 24. 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. 25. 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. 26. No outside paging system shall be utilized in conjunction with this establishment. 27. 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. 28. 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. 29. 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. 30. 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 Tmplt: 01/14/10 (y Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA SOdBA Mixed Use Property 45dBA 6OdBA 45dBA 5OdBA Commercial Property NIA 65dBA N/A 60dBA 23. 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. 24. 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. 25. 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. 26. No outside paging system shall be utilized in conjunction with this establishment. 27. 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. 28. 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. 29. 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. 30. 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 Tmplt: 01/14/10 (y Planning Commission Resolution No. Paoe 10 of 10 compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 31. 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. 32. 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. 33. 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. 34. 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 construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Tmplt: 01114/10 2y PROJECT PLANS ATTACHMENT No. PC 2 ABBREVIATIONS THE COUNTER CUSTOM BUILT BURGERSr. 1104 hvine Avenue, Suite 11104 & 1108 Newport Beach, CA 92660 LANDLORD PROJECT OKN=-R ARCHITECT M.E.P. ENSR'S KITCHEN EQUIP. 6ENERAL NOTES °cA�e..eoa i`�.�uvryivees. _ PRO.IECT NOTES wz .w�`.a. IwrP 14� '�mM twr a'�i eiv.il P 'V w.of� AA P 61 _ s 51TE CONSTRUCTION NOT55 �!gY�<fCfvVF THE COUNTER CUSTOM BUILT BURGERSr. 1104 hvine Avenue, Suite 11104 & 1108 Newport Beach, CA 92660 LANDLORD PROJECT OKN=-R ARCHITECT M.E.P. ENSR'S KITCHEN EQUIP. 6ENERAL NOTES °cA�e..eoa i`�.�uvryivees. _ PRO.IECT NOTES SYMBOL KEY 0 �...c..0 •rz < „...... � s DRAWING INDEX VICINITY MAP RECEDED UY PLANNING DEPARTMENT JAN _ 7 2010 CITY OP NEWPORT BEACH LANDLORD NOTE5 PAe009.100 for UP2000.042 1104 Lvino Avonuo SOO $11104 R 1100 MLC PmWuru LLC a' Yllllll �011_II(YIR[Y O� N y z` Qj PERMR SEf COVER SHUT. GE IULAI. Nam. PROIELT.Slo S. SREET DMEX AU.0 14� '�mM twr a'�i eiv.il P SYMBOL KEY 0 �...c..0 •rz < „...... � s DRAWING INDEX VICINITY MAP RECEDED UY PLANNING DEPARTMENT JAN _ 7 2010 CITY OP NEWPORT BEACH LANDLORD NOTE5 PAe009.100 for UP2000.042 1104 Lvino Avonuo SOO $11104 R 1100 MLC PmWuru LLC a' Yllllll �011_II(YIR[Y O� N y z` Qj PERMR SEf COVER SHUT. GE IULAI. Nam. PROIELT.Slo S. SREET DMEX AU.0 S r i 1 S J pr 4 A 0 l rl s n A 9 P r t %1 ACCESSIBLE RAMP a�s�avEg sire Q< PR4CIN6 5f6NAb =_ raw.n:mmoEOrc _ I�,. v1 i l Ntv 516NA6E C� 9 u MUM m _ luma:L�p ^SlI iE ?LAN — Nwnbw d N 18 PGMnp 8pnpaf a �w ° ® — outpIng lot Hunako,8paco roml pM m — lmP apacco Honc TMYW Lwwmvcw :vw`c:.w r.. ...w.. — Teal 0 of Iiaauml .T46NJ[4 tl/[.. 11 •f.ICW r nY. �0.4�rNIlIp M.<Ir MUM m _ luma:L�p apam — Nwnbw d PGMnp 8pnpaf a — wmm ® — outpIng lot Hunako,8paco roml pM m — lmP apacco Honc TMYW Lwwmvcw Tolnl8 of ° poNay 8p.... — Teal 0 of Iiaauml Per(Xnp Spam Total 8quaro Foctaga j of Parking Aroo: 228.288 Sq. FL Petro pmauco Oy. to p=80 E afa s ma 919 68T4948 :me a- Xtlllfl UII( (1(tl R(Li Wo 1� s -rya �a $y0o O� 3 W X PERMIT SE( sr SI It PIA, Au A1.0 /51PLAN 5ECRON - ntr, coon O o LA SECT ION . PATro o b e I /--'N PLAN Sea TION - e T stag w 0 0 ©+ M LD e D °TAI1 - PAM nMLJNO b DE •. a�.roe = Ve:A `. nsxa I11Rl(1 Hill lAI- I omRO O QDETAIL - P� eA*e PLAN SECTION - s*owRow " =fin U1� a ea �a 33n OY z Lm-lr SET PLANSELPONS DETAILS A8.1 I I e.M1 er>•aa 4CS. yV.`LLV I11Rl(1 Hill lAI- I omRO O QDETAIL - P� eA*e PLAN SECTION - s*owRow " =fin U1� a ea �a 33n OY z Lm-lr SET PLANSELPONS DETAILS A8.1 PF '`' —1 HERRI(K CEIITECT nn Cllll hC ln"� •I nV UInL 19001366 Phu NE. W. 100 BAIcv. WA 9INS 1..9ID91.1111 IA9S. MN9 TOTAL GROSS AREA: 2581 sf IN -W- 1—!—}E S o�rc. AREA SUMMARY 120109 "10 The COUNTER NEWPORT BEACH ' uR " ='f "`SK-AREA 0-5--AS r� HD 98.1210dMM 219.I:�imoD oqj- - y 011;11 1NVId DMINIG qtly S -3-4)-M N a - n4cl I.._ TM✓ �,. Min L di a 4v - 0 uvnrttn mnmtn 1)3MMY 31N31 1)[HIN PARKING ALLOCATION CHART ATTACHMENT N®. PC 3 -b Westcliff Plaza Parking Study 11.10.09 Westcliff Parking Combining suite 1104 with 1108 full service restaurant' suite tenant use sf' ratio required rounded 1000 Shell Oil Company gas pad 2,000 UP 3193 - 2 1016 Bank of America bank 7,200 0.004 28.80 29 1020 CVS #8881 retail pharmacy 23,594 0.004 94.38 95 1024 Crown Hardware hardware 10,270 0.004 41.08 42 1036 Michael Nusskern retail 2,200 0.004 8.80 9 1040 vacant retail 2,420 0.004 9.68 10 1044 Relax the Back retail 2,750 0.004 11.00 11 1048 Mail Boxes Etc. postal services 2,028 0.004 8.11 9 1052 vacant personal services 2,503 0.004 10.01 11 1058 vacant beauty supply 1,300 0.004 5.20 6 1062 Drapers & Damons #2 retail 3.737 0.004 14.95 15 1100 Ulta 1104 The Counter 1104P The Counter patio 1112 Pick -Up Stix #7121 1116 Champagne 1120 Champagne French Bakery 1124 Booster Juice 1126A Westcliff Cleaners 1128A Starbucks #Coffee 522' 1130 Anthony's Shoe 1132 Newport Nails 1150 Ralphs #Fresh Fair #745 ATNI'I total 'intentionally deleted beauty supply full service patio take -out retail small scale take out limited personal services small scale personal services personal services food & beverage GLA square rootage provided by Propidex °parking waivers were approved on past use permits that might not be approved for proposed changes in use ' Parking information is recommended to be reviewed with the City or Newport Beach prior to lease execution 0 0¢ = t /z67J 006- ljz�s o/O = 1lie0 oZt- Y 40 11,235 0.004 2,635 0.010 389 0.025 1,400 UP3464 975 0.004 1,300 UP 3171 780 UP 2006 -022 1,940 0.004 1,200 M3981 975 0.004 1,035 0.013 27,900 0.005 111,377 44.94 45 26.35 27 9.73 10 6.00 6 3.90 4 6.00 6 4.00 4 776 a 5.00 5 3.90 4 12.94 13 139.50 140 0.00 1 512 ' printed 11/1012009 l� POLICE DEPARTMENT REPORTING DISTRICT MAP ATTACHMENT No. PC 4 t, CANAL I 1 2M ST / -1 �/N�L W(_ _JE v INN ST f r. BST 1 GULLY MORNING CANYON PAC IFI f. r: FAN / CRYSTAL COVE / STATE PAR[ - L ",\ 61 'J > ,r >. CRYSTAL COVE STATEPARK Reporting Districts Newport Beach Police Depatmait 9Ntw.lm h, mw CANAL I 1 2M ST / -1 �/N�L W(_ _JE v INN ST f r. BST 1 GULLY MORNING CANYON PAC IFI f. r: FAN / CRYSTAL COVE / STATE PAR[ - L ",\ 61 'J > ,r >. CRYSTAL COVE STATEPARK CRIME STATISTICS MEMO ATTACHMENT No. PC 5 9l City of Newport Beach Police Department Memorandum January 22, 2010 TO: Russell Bunim, Assistant Planner FROM: Detective Bryan Moore SUBJECT: The Counter, 1104 Irvine Avenue, Suite #1104 & 1108, Use Permit No. 2009 -042 (PA2009 -166). At your request, the police department has reviewed the project application for The Counter, I ocated at 1 104 Irvine Avenue, Suite #1104 & 1108, Newport Beach. Per the Project Description submitted by J.L. Hare Associates, the new tenant intends to expand the previous tenant's restaurant use to combine tenant space #1104 and #1108 for a total floor area of 2,581 square feet. The proposed use is for a full service eating establishment with alcoholic beverage sales. The proposed hours of the restaurant are from 11:00 a.m. to 12:00 a.m. seven days a week. The restaurant will also offer outside dining on the patio which will be limited to the hours of 11:00 a.m. to 10:00 p.m. 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 not 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, however, within an RD that is over the Orange County per capita of ABC licenses. Applicant History The Counter was established in 2003 and is a franchise company with locations throughout the United States. Their concept puts a modern spin on the classic burger joint by allowing customers to build their own gourmet burger in a fresh contemporary setting. This setting includes an industrial decor, background music, big screen TV's (usually only two) and alcoholic beverage service. Liam Carroll is the proponent for this application and has been the owner of The Counter in the City of Irvine for the past two years. 4� The Counter UP No. 2009 -042 The Irvine location currently holds a Type 41 (Beer & Wine — Eating Place) license with the Department of Alcoholic Beverage Control. Their hours of operation are from 11 a.m. to 9 p.m. Sunday through Thursday and 11 a.m. to 10 p.m. Friday through Saturday. Per the Irvine Police Department, there have been no noteworthy issues regarding this location. 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 12:00 a.m. daily. The police department knows, from past experience, that there are several contributing factors associated with the noise at a restaurant/bar setting. These factors include: increased vehicular traffic in the area, patrons talking outside while waiting for cabs or walking to their vehicles and other crimes /disturbances associated with alcoholic beverage consumption. Based on the proposal for an on sale - general alcoholic beverage license as well as the location's proximity to nearby residents, the police department recommends that The Counter close at 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday. The Patio shall close at 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. 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. 2 y, The Counter UP No. 2009 -042 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. 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. 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. L�� The Counter UP No. 2009 -042 If you have any questions, please contact me at (949) 644 -3725. Detective Bryan Moore ABC Liaison Jim Kaminsky, Captain Detective Division Commander City of Newport Beach Police Department Memorandum January 1.9, 2010 TO: Russell Bunim, Assistant Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the The Counter at 1104 Irvine Ave, suite 1104 & 1108. This area encompasses our reporting district (RD) number 28 as well as part of Census Tract 635. This report reflects City of Newport Beach crime data for calendar year 2008, which is the most current data available. Calls for Service Information City wide there were approximately 68,886 calls for police services during this time, of which 2,582 were in RD 28. 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 6,779 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,889 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 3,890 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,430.38 per 100,000 people. The national Part One crime rate was 3,667.02* per 100,000 people. Crimes RD 28 Newport Beach California* National* Part 1 155 2,889 1,265,920 11,149,927 Part 99 3,890 N/A N/A Part 1Crime Rate 5,749.26 3,430.38 3,444.06 3,667.02 The number of active ABC licenses in this RD is 6 ** Per capita ratio 1 license for every 449 residents. This reporting district had a total of 298 reported crimes as compared to a City wide reporting district average of 1.78 reported crimes. This reporting district is 120 crimes more or 67.42 %, 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 17 DUI arrests and 27 Plain Drunk arrest in this area during this same period as compared to 1,680 for the entire city. This RD amounts to 2.62`fb 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. y, Arrests (DUI /Drunk) Total Arrests RD 28 Newport Beach 44 1,680 130 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 25 and RD 26 Crimes RD 25 RD 26 Part 1 108 104 Part 2 111 50 Crime Rate 3,901.73 3,923.05 Arrests (DUI/Drunk) 45 36 Total Arrests 111 94 Calls For Service 2,952 2,421 Number of active ABC licenses 20 ** 15 ** Per capita ratiol license for every 138* residents 177* 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 84,21.8. *These numbers are from the 2008 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 May 1, 2003 the Orange County- average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit C/6