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Home My WebLink AboutVillage Inn One Year Review - PA2009-014CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 8, 2010 Meeting Agenda Item 4 SUBJECT: Village Inn One -Year Review Use Permit No. UP2009 -002 (PA2009 -014) 127 Marine Avenue APPLICANT: Balboa Island Village Inn, Inc. PLANNER: Fern Nueno, Assistant Planner ( 949) 644 -3227, fnueno @newportbeachca.gov PROJECT SUMMARY On March, 19, 2009, the Planning Commission adopted Resolution No. 1782 (Attachment No. PC 1) approving Use Permit No. UP2009 -002 for the Balboa Island Village Inn restaurant. Condition No. 30 requires that the Planning Commission review the operation one year after the conclusion of the appeal period to determine whether the applicant has complied with the conditions of approval and whether the applicant has made a good faith effort to increase the percentage of food sales to 40 percent or more. RECOMMENDATION 1) Receive public comments; and 2) Receive and file. Village Inn One -Year Review April 8, 2010 Page 2 LOCATION GENERAL PLAN ZONING VICINITY MAP ON -SITE Mixed Use Water Retail Service Commercial — Residential Restaurant with a 2091 -, 206 207 i.r 208 209 r� 20� ; 206 209 Mixed Use Water Retail Service Commercial — Residential Commercial 1 : • 20{,7 . ws r 206 H� I 207 SOUTH Two -Unit Residential 204 205 2 204 ! 204 ' 205 112 ei Government, Educational, and Institutional Fire Station _ ,It 202 �1 /v2 1202 -: =203 �'.�_ ;.: 1, 203 Two -Unit Residential Restricted Two-Family Residential R -1.5 Residential - s I . W w 200 1306 201 201 Subject Property � s 12T 1 121 >< 124 122 123 +�t22 ��I¢7221ry' . 123 V u 122 12JI, I� 120 121 120 1211/2 121 120 1211 118 11 �C 119 119 tom, 118 1191 119 116 � 116 117 1�` 117 in 116 117 775 `114 H5 11d 115 H2 i!2 GENERAL PLAN ZONING 216 vx 2f1 13 -_ 211 21E 411 ifel 2 x11 212 '15 21J /2 211 114 210 a+ 12 16 Hl a7 a6 S x15 nx a] 11 210 211 709 114 209 2fo 21t 409 209 x08 206 20] 208 211 209 11, ai El ID! a1 201 2w 205 ]W In 202 NIU W2 200 1ky 201 201 1108 901 b1 PMx/.VE PN Aa tb01D3� -. i tb 1]65 1zz _ PF Q t2x 1b5 1a 13W- -'1 i 13) to fa 1]05 Q 1 GEIF yj 11/J 1a_ t11 4 ty to 1b iO fa 17t 21 121 12J ib 133 fa ib fa 10 1a fa 120 121 112 120 12t fa 121 1a 1ltt21 110 to 1Y' fb 117 118 11B v] 1 nb 119 119 1 1N w 1 11t 110 11e HI Vl n 111 116 115 11 n fa f13 -1Q 112 fl1 1a -m u1 n1 fu ns 113 11J tiz ns 11J 111 �isz in iR 115 113 f4 ... H3 111 fl1 113 1 114 110M 110 11 110 „ 110 t2 1 1 R- 1.5100 HO tH 110 111 M- f0 S f06 fuel 157 foe 1b 111 tai 1% - ry *.we7a LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Mixed Use Water Retail Service Commercial — Residential Restaurant with a Related Overla RSC -R residential unit above NORTH Mixed Use Water Retail Service Commercial — Residential Commercial Related Overla RSC -R SOUTH Two -Unit Residential Restricted Two-Family Residential R -1.5 Residential EAST Public Facilities Government, Educational, and Institutional Fire Station Facilities GEIF WEST Two -Unit Residential Restricted Two-Family Residential R -1.5 Residential Village Inn One -Year Review April 8, 2010 Page 3 INTRODUCTION Background The Village Inn was established as a restaurant and bar at a time when a use permit was not required. In 2009, the operator proposed changes in operational characteristics, which included converting dining room seating into bar seating. Pursuant to Section 20.82.060 of the Municipal Code, such changes are major changes in operational characteristics and required the review and approval of a use permit. Furthermore, because the Village Inn operates with a Type 47 Alcoholic Beverage Control License, the use permit had to be reviewed for consistency with Chapter 20.89 (Alcoholic Beverage Outlets). On March 19, 2009, the Planning Commission authorized the remodel of the restaurant by approving Use Permit No. UP2009 -002. The Planning Commission also found the Use Permit to be consistent with the purpose and intent of Chapter 20.89. Several conditions of approval were included to mitigate potential negative impacts to the community. Condition No. 30 requires a one -year review to ensure that the restaurant operator was complying with the conditions of approval and making a "good faith effort" towards increasing the percentage of food sales to 40 percent of gross sales. DISCUSSION Applicant's Statement The applicant has submitted a statement (Attachment No. PC 2) describing the restaurant operation since the approval of the Use Permit that outlines how the applicant has complied with the conditions of approval and made a good faith effort towards increasing the percentage of food sales. Police Department Review The Police Department has reviewed the calls for service and complaints involving the Village Inn that have occurred over the past year (Attachment No. PC 3). The review of calls for service concluded that there was a decrease from 40 calls for service during March 2008 through March 2009 to 21 calls for service during March 2009 through March 2010. The Police Department inspected the Village Inn on August 9, 2009, in response to complaints regarding hours of operation and dancing by restaurant patrons. The investigation revealed that the complaint regarding hours of operation was unsubstantiated; however, the restaurant was allowing dancing in violation of Condition No. 27. The restaurant operator has made substantial efforts to prevent future violations of the conditions of approval by posting signs and telling patrons that dancing is not permitted in the restaurant. Village Inn One -Year Review April 8, 2010 Page 4 The Police Department also reviewed sales receipts information and determined that food sales constituted 32 percent of gross sales, which is an increase from the previous year of two percent. The Police Department does not object to the continuation of the restaurant under the current conditions of approval and does not recommend any further reviews by the Planning Commission. Code Enforcement Review The Code Enforcement Division reported (Attachment No. PC 4) that a $100 Administrative Citation was issued to the Village Inn on August 12, 2009, for a violation of Condition No. 27, which prohibits dancing. No further violations have been observed by or reported to Code Enforcement since this citation was issued. Conclusion Other than the one violation in August 2009, the applicant has complied with all required conditions of approval and the operation, as approved, has not proven to be detrimental to the surrounding neighborhood, or resulted in increased demand for police resources. Therefore, no changes to the conditions of approval or subsequent reviews are recommended. Environmental Review This one -year follow -up review is exempt from environmental review pursuant to Section 15321 of the Guidelines for Implementation of the California Environmental Quality Act. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Public Notice Notice of this review 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: Fern Nueno, Assistant Planner David Lepo, Planning Director Village Inn One -Year Review April 8, 2010 Page 5 ATTACHMENTS PC 1 Resolution No. 1782 PC 2 Applicant's Statement PC 3 Police Department Review PC 4 Code Enforcement Review F. VsersIPLMShareMPA'sIPAs - 20091PA2009 -014