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HomeMy WebLinkAboutZinc Cafe -Annual Review UP2001-040_3222 E Coast Hwy (PA2003-225)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 5 June 21, 2007 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner rungCg7city. newport- beach.ca. us (949) 644 -3208 SUBJECT: Zinc Cafe and Market Annual Review of Use Permit No. 2001 -040 (PA2003 -225) 3222 East Coast Highway APPLICANT: Newport Beach Planning Department ISSUE Should the Planning Commission accept the annual review of Use Permit No. 2001- 040, deem the operation of Zinc Cafe and Market in compliance with the conditions of approval, and require no further annual review by deleting Condition No. 36 of Planning Commission Resolution No. 1627? Staff recommends that the Planning appropriate action. Should there be staff recommends termination of the No.1627). BACKGROUND Commission take public testimony and determine no substantial complaints received at the hearing, annual reviews (Condition No. 36 of Resolution On January 17, 2002, the Planning Commission approved Use Permit No. 2001 -040, to allow the operation of Zinc Caf& and Market. The Use Permit also included a reduction of the required off - street parking. The establishment has a small retail sales /deli area and a restaurant containing indoor and outdoor dining areas of a approximately 48 seats (32 inside and 16 outside). The staff report and minutes from the January 17, 2002 meeting and Resolution No. 1549 are attached as Exhibit No. 1. x Zinc Cafe and Market (PA2003 -225) June 21, 2007 Page 2 P1LdiIaI Ica i §f_1� Annual Review of Use Permit No. 2001 -040 (PA2003 -225) 3222 East Coast Hiahwav Current Development: Zinc Cafe and Market To the north: Service commercial & residential uses abutting the project site To the east: Service commercial use abutting the project site & residential use across the alley To the south: Restaurant & bar use (The Quiet Woman) abutting the project site and restaurant, retail & service commercial uses across East Coast Highway To the west: Restaurant (Bandera's), retail & service commercial uses across East Coast Highway Subjec 6 die Site � £ r , IfN l� R. .� X H M i {.�', a f E ilrg iS �r mayy'* t i IF Annual Review of Use Permit No. 2001 -040 (PA2003 -225) 3222 East Coast Hiahwav Current Development: Zinc Cafe and Market To the north: Service commercial & residential uses abutting the project site To the east: Service commercial use abutting the project site & residential use across the alley To the south: Restaurant & bar use (The Quiet Woman) abutting the project site and restaurant, retail & service commercial uses across East Coast Highway To the west: Restaurant (Bandera's), retail & service commercial uses across East Coast Highway Lk Zinc Caf6 and Market (PA2003-225) June 21, 2007 Page 3 Existing General Plan Land Use Designations -pZ "CC 0.75 *FAR .4e as pt,�4� "4.7smmalf., Existing Zoning Designations .. > 5 u Zinc Caf& and Market (PA2003 -225) June 21, 2007 Page 4 On March 18, 2004, the Planning Commission approved an amendment to Use Permit No. 2001 -040, to allow the restaurant portion of Zinc Cafe and Market to extend its hours of operation to 8:30 p.m., seven days a week and to allow the establishment to operate with a Type 41 (On -Sale Beer and Wine Eating Place) License. The Planning Commission also required an annual review of the operation to assess employee parking arrangements (Condition No. 14), the trash conditions (Condition No. 9) and deliveries (Condition No. 6). The staff report and minutes from this meeting and Resolution No. 1627 are attached as Exhibit No. 2. The amendment of the Use Permit was subsequently called for review by the City Council. On April 13, 2004, the City Council upheld the decision of the Planning Commission and added a condition that requires the applicant to adopt, maintain and strictly enforce a condition of employment that requires the employees to park at the municipal lot on Bayside Drive or along Bayside Drive. The minutes of this meeting are attached as Exhibit No. 3. On May 4, 2006, the Planning Commission conducted an annual review of the Use Permit. The staff report and minutes from the May 4, 2006 are attached as Exhibit No. 4. At the public hearing meeting, none of the nearby residents presented the Commission with any concerns mentioned above. The Commission, however, focused their discussion on the restaurant's delivery requirements (Condition No. 6). The Planning Commission accepted the annual report and staffs recommendation of amending Condition No. 6 to allow all deliveries to occur in the public alley versus on the subject property, and placed further restriction on the delivery hours by not allowing deliveries before 7:00 a.m. or after 6:00 p.m. The Planning Commission also required another review of the Use Permit to further evaluate the evening dining operation. DISCUSSION This is the third annual review of the Use Permit. The restaurant is under the same operator, Mr. John Secretan. A site visit conducted on May 23, 2007, revealed that there have been no substantial changes in the business operation. The operator has implemented the restaurant's evening hours by having private catered gatherings between the hours of 5:00 p.m. and 8:30 p.m. As indicated in the operator's letter (Exhibit 5), these functions often occurred but not on a regular basis. The Use Permit currently allows the restaurant to stay open for business until 8:30 p.m., seven days a week. Staff received no complaints from the nearby residents when the restaurant had these functions. 1 Zinc Cafe and Market (PA2003 -225) June 21, 2007 Page 5 Code Enforcement staff and the Police Department have no concerns with the overall retail sales and restaurant operations nor received any complaint from the nearby residents within the past year. Should there be no substantial complaints received at the hearing, staff recommends termination of the annual reviews (Condition No. 36). ENVIRONMENTAL REVIEW The project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 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: nh Ung, Associ to Ianner David Lepo, ning Director Exhibits Planning Commission Staff Report, Minutes and Resolution from the January 17, 2002 meeting 2. Planning Commission Staff Report, Minutes and Resolution from the March 18, 2004 meeting 3. City Council Minutes from the April 13, 2004 meeting 4. Planning Commission Staff Report and Minutes from the May 4, 2006 meeting 5. Letter from John Secretan received on May 31, 2007 V EXHIBIT 1 PLANNING COMMISSION STAFF REPORT, MINUTES AND RESOLUTION FROM JANUARY 17, 2002 MEETING m d��Rr CITY OF NEWPORT BEACH Hearing Date: January 17, 2002 PLANNING DEPARTMENT Agenda Item: 3 u 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber NEWPORT BEACH, CA 92658 644 -3209 (949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 days after date of final action REPORT TO THE PLANNING COMMISSION PROJECT: Zinc Caf6 and Market (PA2001 -221) FILE 3222 East Coast Highway SUMMARY- Request for a Use Permit to authorize the opening of an eating and drinking establishment called Zinc Caf6 & Market at an existing commercial site in Corona del Mar. The Use Permit application includes a request to waive a portion of the off - street parking requirements. RECOMMENDED ACTION: Approve, Modify or Deny Use Permit No. 2001 -040 (PA2001 -221) based upon the attached findings. APPLICANT: Mr. John Secretan Zinc Caf6 and Market 604 Vista Lane Laguna Beach, CA 92651 PROPERTY OWNER: Mr. Toni Carlini 5 Geneva Newport Beach, CA 92660 LOCATION: North side of East Coast Highway between Larkspur Avenue and Marguerite Avenue LEGAL DESCRIPTION: Lot Nos. 2 & 3, Tract No. 1045 GENERAL PLAN: Retail & Service Commercial ZONING DISTRICT: Retail & Service Commercial (RSC) 0 Use Permit No. 2001 -040 (PA2oo1 -221) 3222 East Coast Highway Current Development: Vacant Commercial Building 4 %Jai 3207 Service commercial & residential uses abutting the project site To the east: 4 4 35p7 35'W v�4` �`° 47�2 �'' 9 7 To the south: Restaurant & bar use (The Quiet Woman) abutting the project site and restaurant, retail & service commercial uses across East Coast Highway Sub'ect Property Restaurant, retail & service commercial uses across East Coast Highway 35A5 '7? 47B 7'2 Rite -Ai 7 4'4,� A s •j / V • l Gty :A QA 4< ��Q). Parking 001voi s� 3'777 O �© andA o 372 � 3207 ell O "r "T770'9 '�T �a717 a22 322 a,so ago '? a2 * X�x N 0 �2�00 400 Feet VICINITY MAP w+E s Use Permit No. 2001 -040 (PA2oo1 -221) 3222 East Coast Highway Current Development: Vacant Commercial Building To the north: Service commercial & residential uses abutting the project site To the east: Service commercial use abutting the project site & residential use across the alley To the south: Restaurant & bar use (The Quiet Woman) abutting the project site and restaurant, retail & service commercial uses across East Coast Highway To the west: Restaurant, retail & service commercial uses across East Coast Highway Zinc Cafe (PA2001 -221) January 17, 2002 Page 2 of 10 /� Introduction & Backeround The applicant, Mr. John Secretan, is seeking approval of a Use Permit to allow the opening of Zinc Cafe and Market on East Coast Highway in Corona del Mar. The proposal pertains to a full - service, high turnover eating and drinking establishment that also offers retail items. Project approval requires a waiver of off - street parking requirements. The property most recently was occupied by a retail use, Zacharias, which offered specialty home furnishings. Site Overview The property is located on the north side of and directly abutting East Coast Highway between Larkspur and Marguerite Avenues in Corona del Mar. There are two separate parcels comprising the project site. The southeasterly parcel is built -out to all property lines; the existing building is 2,945 square feet and covers the entire parcel. The northwesterly parcel contains the existing parking lot and is approximately 5,542 square feet in area. Presently, the parking lot is only accessible through the rear alley. There is a dry- cleaning establishment at the East Coast Highway and Larkspur Avenue intersection further to the northwest that abuts the existing parking lot. Residential units also abut the parking lot parcel for a segment of the parking lot property line. More residential units are located to the east across the alley and are in close proximity to the project. Abutting the existing building parcel to the south is a restaurant and bar establishment (The Quiet Woman). Across East Coast Highway are various retail, service commercial, and restaurants uses. Proiect Overview The applicant is proposing to expand his business, Zinc Caf6 & Market, by opening an additional location in Corona del Mar in an existing building that formerly housed a retail use. New kitchen facilities would be installed that include both food preparation and storage areas, including walk - in freezer storage. Handicap accessible restrooms will also be provided. The plans depict a layout of 72 total seats including the seating in a proposed 437 square foot outdoor patio. The net public area of the proposed project has been calculated at 1,453 square feet. The parking lot associated with the project currently does not access East Coast Highway but rather connects to an alley that serves the site and the neighboring residential area. Implementation of the project would involve creating a new driveway from East Coast Highway to serve as the main vehicle entrance. Exiting the parking lot would have to route through the alley either toward Marguerite Avenue or 2nd Avenue. Eleven total parking spaces are proposed. An outdoor patio, which includes approximately 437 square feet of outdoor dining area, is planned for a portion of the parking lot. It will be located in the section of the parking lot that is closest to the indoor dining area. The business is described as a gourmet cafe and take -out market with the following operational characteristics: • 65% of the business revenue is generated from breakfast and lunch service; • 20% of the business revenue is generated from the sale of coffee and desserts; and Zinc Cafe (PA2001 -221) January 17, 2002 Page 3 of 10 pj 15% of the business revenue is generated the sale of associated retail products and prepared food. The hours of operation are proposed from 7:00am to 10:00pm with the majority of activity expected to occur between 7:00am and 6:00pm. This expectation is based upon the applicant's similar operation in Laguna and Solana Beaches. Only the espresso bar is proposed to operate past 7:00pm, with the option of purchasing deserts or other retail items. No food service is proposed beyond 7:00pm and seating for food service will end at 6:00pm. Additionally, the project description states that 60% of the business is on site service while 40% is take -out. The applicant has indicated that opening and closing shifts will utilize two employees and regular shifts will be up to a maximum of eight employees during the busiest hours. It was further indicated that no alcoholic beverages would be sold through the restaurant or retail component of the business. Analysis The proposed project requires a Use Permit and a waiver of the off - street parking requirements. Pursuant to Chapter 20.15, Commercial Districts, the establishment is defined as a full- service, high turnover eating and drinking establishment, which requires approval of a Use Permit. A waiver of the off - street parking requirements is sought since parking provided does not meet the minimum required by the Zoning Code. General Plan The City's General Plan designates the site as Retail and Service Commercial. The applicant's request is consistent with this designation, as it entails converting a former retail space into an eating and drinking establishment with ancillary retail, which is permitted in the Retail & Service Commercial land use designation. The proposal is also consistent with the policies of the General Plan in that the project: Proposes to help provide a sufficient diversity of land uses ... so that employment... neighborhood shopping centers... are in close proximity to each resident of the community; Helps to insure redevelopment of older or underutilized properties; and Maintains compatibility with existing aesthetics of the surrounding commercial areas in conformance with development standards for site and building design. Due to potential parking concerns, the Planning Commission must determine whether the proposal complies with General Plan Policy L: L. The City shall encourage its community commercial districts to reflect and complement the high quality of its residential areas. The City shall promote the prosperity of its several community commercial districts through the adoption and application of its planning, zoning, building and public works codes, regulations, policies and activities. Zinc Cafe (PA2001 -221) January 17, 2002 Page 4 of 10 Within the implementation section under Policy L., the General Plan provides guidelines that pertain to the proposed application, as follows: Planning and Building The City shall encourage the refurbishment, remodeling and modest expansion of older, nonconforming buildings within community commercial districts by grandfathering such nonconforming uses when feasible and practicable. 5. The City shall, in the application of its codes and regulations, give special consideration to the needs of restaurants in recognition of the high level of benefits they provide to the local economy. 8. The City shall review uses permitted within commercial areas adjacent to residential areas to provide more resident serving and resident compatible uses. The Zinc Caf6 & Market application appears to be in line with these implementation measures as it proposes use and minor expansion of an older building in the commercial area of Corona del Mar that abuts residential uses. The project includes conversion of a former retail operation to a restaurant and retail operation. Floor Area Ratio (FAR) Chapter 20.63 (Floor Area Ratios and Building Bulk) establishes three categories of land uses: Reduced FAR, Base FAR, and Maximum FAR Uses. Retail and office uses are classified as Base FAR uses and full- service, high turnover eating and drinking establishments are classified as Reduced FAR Uses. The applicant's proposal falls into the full- service, high turnover category based upon the submitted plans, the project's operational characteristics, and the designation of the use classification contained in the Zoning Code. Base FAR Uses are limited to 0.5 FAR and Reduced FAR Uses are limited to 0.3 FAR. The applicant's proposal has a 0.4 FAR, which is less than the Base Development Allocation of 0.5, which is applicable to the conversions of buildings constructed prior to the establishment of the floor area limits of the current code. Section 20.63.050 specifically addresses the conversion of land uses and is attached as Exhibit No. 4. The table below outlines the corresponding area calculations: Lot Size* 8 397 s uare feet Gross Floor Area: Building Area 2 945 Patio ** 437 Total Gross Floor Area Pertainin to FAR 3,382 Existing FAR 0.351 Proposed FAR 0.403 Base Development Allocation 0.50 * Includes both parcels. ** Patio is included in FAR calculation if it exceeds 25% of the interior Net Public Area. Zinc Cafe (PA2001 -221) January 17, 2002 Page 5 of 10 iDc 4N 1,� Compliance with the base Development Allocation is ensured by the merger of the two separate parcels. If the two separate parcels are not combined the resulting FAR would exceed 0.5 and the Use Permit would need to subject the conversion to additional scrutiny. The findings associated with this scrutiny are severely restrictive and the project would not receive favorable consideration as the traffic generated by the proposed project is not equivalent to the previous retail use. Therefore, staff has included a condition requiring that the two lots be merged. Parking A full- service, high turnover, eating and drinking establishment requires off - street parking pursuant to Chapter 20.66 of the Municipal Code within a range of I space for each 30 to 1 space for 50 square feet of net public area. The Planning Commission sets the parking requirement within this range through the consideration of the Use Permit. The net public area is defined as the area devoted to the dining, shopping and waiting areas of the restaurant. Areas for employees of the restaurant including the kitchen, storage and food preparation areas are not included. Staff made the determination that the net public area of the project with the proposed floor plan is 1,453 square feet. The area includes the dining areas and retail floor space minus the built -in retail displays and espresso bar. The outdoor patio is also included as it exceeds 25% of the interior net public area and is, therefore, not considered accessory. The retail floor space was included due to the presence of the espresso bar, allowing the area to potentially operate more like a food service counter that has historically been considered net public area. This conservative determination is further supported as the space can also function more like a take -out operation as opposed to traditional retail. The Commission could consider reducing the net public area based on the belief that the area around the espresso bar would function more like a retail use as opposed to food service. Based upon staff's determination of the net public area, the parking requirement for the proposed restaurant would be between 48 and 29 spaces. Parking CoMparison USE SQUARE FOOTAGE PARKING RATIO PARKING REQUIRED Retail commercial former use 2,945 SF 1 space/250 SF 12 Restaurant 1,453 SF 1 space/30 SF 48 Restaurant 1,453 SF 1 s ace(40 SF 36 Restaurant 1,453 SF 1_spacet50 SF 29 The applicant is proposing to provide 11 total parking spaces. The parking deficiency would range from 18 to 37 spaces. The applicant has indicated that after the dinner hours, demand for these spaces by patrons would be minimal and that the spaces may be available for use by neighboring businesses. However, the applicant proposes to be open until 10:00pm, and use of the lot by other businesses could not occur until after closing. It was further indicated that Zinc Cafe (PA2001 -221) January 17, 2002 Page 6 of 10 deliveries would take place outside of normal operations and will utilize the parking lot. This is a condition of approval that would be required by the Public Works Department should the request be approved that loading from East Coast Highway or the alley would not be permitted. Additionally, deliver activities must be avoided during business hours due to the shortage parking on site. Staff believes that the most appropriate parking ratio would be 1 space per 40 square feet of net public area, based upon the project description. The Public Works Department feels that additional spaces are needed beyond the eleven proposed. In applying the most favorable requirement, the waiver of off - street parking requirements would amount to a waiver of 18 spaces (11 provided, 29 required). A few items should be noted for further consideration. The applicant suggests that approximately 40% of his business comes from patrons either walking or biking to the establishment. Staff has no historical basis at the location proposed to determine if this assessment is accurate. The on street parking along the north side of East Coast Highway in this block of Corona del Mar is restricted to one -hour parking. One public parking space along the Highway would need to be relocated as a result of the driveway relocation, therefore no loss of on street parking will occur. There are public parking lots across East Coast Highway west of and abutting the Rite -Aid and Banderas restaurant developments. This parking lot is "metered" up to 6:00pm, when the Zinc Cafe will be busiest, and is generally utilized to its full capacity after 6:OOpm due to the several restaurants in the immediate vicinity and because it is free. Additionally, The Quiet Woman provides no parking and is considered legal, non - conforming with regard to the required off - street parking requirements as it was established prior to the current parking standards. A parking waiver may be approved if one or more of the following conditions has been met: 1. A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the sites; 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously; 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66.100(B); or 4. The Planning Commission makes the following findings: a. The parking demand will be less than the requirement in Section 20.66.030. b. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. Staff feels that the presence of the municipal parking lot across the Highway can be used to support approval of the application. Staff recommends that signage and a map, at locations both Zinc Cafe (PA2001-22 1) `u January 17,202 Page 7 of 10 tx inside the building and in the parking lot, be required to alert patrons of the availability of the municipal lot. The Commission could also partially rely on a finding that the parking demand will be less than the requirement in Section 20.66.030, if there is confidence in the applicant's statement that 40% of the patrons will walk or bike to the establishment. The parking waiver request is further complicated when considered along with the fact that vehicles will need to be routed through the neighboring alleys, alleys that also serve the nearby residences, to reach public streets. The level of traffic sent to the alleys as well as likely employee and patron parking in the residential areas coupled with the magnitude of the required waiver is of concern. Residents have expressed on -going concerns of the encroachment of commercial parking within residential areas. General Development Standards Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, as outlined below, to ensure that any proposed development will be compatible with adjoining properties and streets. The development standards include specific requirements for site requirements, building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, underground utilities, and supply and refuse storage. Section 20.82.040 D of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. Devel,23ment Standards Zinc Cafe (PA2001 -221) 1 January 17, 2002 Page 8 of 10 IBC REQUIREMENT PROPOSED Setbacks: Existing facility that was formerly a retail Complies. The facility is located within an existing building, which use, complies with the required setbacks. The only exterior change is the replacement of the existing garage door facing the Highway with a large window, and an outdoor patio, which is proposed to be located behind the 3 fact wide landscape lion. Of/- Strect Parking: Off- street parking in accordance with the Non - Conforming. The site provides 11 spaces where 29 to 48 are provisions of Chapter 20.66 of the required. A waiver of off-sbw parking requiremrnts has been requested. Municipal Code Orcularion: Parking areas and driveways to. facilitate Complies. The traffic circulation has been reviewed by the City Traffic traffic and circulation of vehicles on and Enginm and has required conditions of approval for the new driveway around the facility and to provide adequate improvements. sight clearances. Walls (adjacent to the A solid masonry wall 6 feet high shall be Complies. There are existing buildings located on both interior interior property erected on all interior property lines of the property lines so the requirement for walls 6 feet in height in not fines): subject property. Walls 3 feet in height shall necessary for this application. The required wall of 3 feet in height be erected between the on-site parking areas will be maintained to separate the parking area and public rightsoG and the p0olic, ri t -of -wa . way. LaaAscaping: 10% of entire site, 3 -foot wide landscape Non - Conforming. The project only proposes 379 square feet of ama shall be provided to screen the parking landscaping which is only 4% of the total site area and less than half area from the public rightof- -way. A Moot of the code required 10 %. The required 3 foot wide planting between wide landscape area adjacent to the interior the street and parking lot is provided and all landscape areas are property lines shall be provided. shown with the required curb separation. landscaping of the interior lot line abutting the adjacent building would reduce the ability to provide adequate maneuvering and parking of vehicles on site. Therefore, staff suggests that the interior landscaping requirement be waived. Zinc Cafe (PA2001 -221) 1 January 17, 2002 Page 8 of 10 IBC Staff is concerned if the site is adequate to accommodate the proposed use. The site has functioned without incident as a retail use. Conversion of the building to a primarily restaurant use entails compliance with many more standards. Staff recommends that the landscaping plans should be improved, the exterior storage be deleted, the trash enclosure include self - locking gates, the exterior patio & parking lot receive lighting if this project is approved. Signage A separate application for signage would also be required should the project be approved. The applicant did not want to expend funds towards this end unless the project receives approval. Signs will be review for consistency with the Sign Ordinance prior to issuance of permits if the Use Permit is approved. Public Comments To date, the word -of -mouth from the Corona del Mar community is one supportive of the proposed business. The Planning Department has received two letters and a petition with 27 signatures expressing concern regarding parking that is likely to occur in the abutting residential area (Exhibit No. 4). Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). While the proposal involves a conversion and intensification of use, it primarily involves interior alterations, an a minor exterior expansion to accommodate the outdoor patio, The project is located in an urbanized area and the surrounding area is not environmentally sensitive. Zinc Cafe (PA2001 -221) (� January 17, 2002 Page 9 of 10 REQUIREMENT PROPOSED Lfghring. Parking lot and site illumination, height and Non - Conforming. There is no illumination provided for the parking intensity; to minimize the reflection of area. Parking lot and/or patio illumination should be required with lights to the streets and neighboring project approval. properties. Utilities All utilities required to be undergrounded. Non - Conforming. Utilities are currently not undergound, maintaining this existin condition will not be detrimental to the surrounding am. Supply Storage Supply storage to be contained within a Non - Conforming. The plans indicate an exterior storage space that building. would need to be deleted as a condition of Project Refuse Srornge Refuse storage outside of a building shall be Non - Conforming. The proposed refuse storage is shown on the site hidden from view by a solid masonry wall 6 plans and conforms to the general development standards for a solid feet in height with self - locking gates. masonry wall although it is proposed to be located facing the rear alley near to the neighboring residential units. The plans show self - closing gates, but lacks self-locking gates. Self- closing and locking doors or mechanism should be required with p ro"ect approval. Staff is concerned if the site is adequate to accommodate the proposed use. The site has functioned without incident as a retail use. Conversion of the building to a primarily restaurant use entails compliance with many more standards. Staff recommends that the landscaping plans should be improved, the exterior storage be deleted, the trash enclosure include self - locking gates, the exterior patio & parking lot receive lighting if this project is approved. Signage A separate application for signage would also be required should the project be approved. The applicant did not want to expend funds towards this end unless the project receives approval. Signs will be review for consistency with the Sign Ordinance prior to issuance of permits if the Use Permit is approved. Public Comments To date, the word -of -mouth from the Corona del Mar community is one supportive of the proposed business. The Planning Department has received two letters and a petition with 27 signatures expressing concern regarding parking that is likely to occur in the abutting residential area (Exhibit No. 4). Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). While the proposal involves a conversion and intensification of use, it primarily involves interior alterations, an a minor exterior expansion to accommodate the outdoor patio, The project is located in an urbanized area and the surrounding area is not environmentally sensitive. Zinc Cafe (PA2001 -221) (� January 17, 2002 Page 9 of 10 Conclusion Staff is concerned that the level of intensity proposed will create a parking shortage in the abutting residential area. The Commission can reduce the scope of the parking waiver by reducing or eliminating the proposed outdoor patio. If the patio is reduced to equal or less than 25% of the proposed interior net public area it is deemed accessory and it is not counted as net public area. If this were done, parking would not be required for this element. The patio would need to be reduced to a size not to exceed 254 square feet based upon the net public area determination. A reduction would allow room for additional landscaping, although it is unclear if adequate room would be available for an additional parking space. Elimination of the patio will reduce the off - street parking waiver request somewhere between 9 & 14 spaces (depending on the ratio used). If the proposed outdoor patio were deleted, it could provide one additional parking space as well as additional landscape space. The Commission has the option to approve the request as proposed. Should the Commission wish to do this, Resolution No. 2002 -_ has been prepared for adoption. The Commission could modify the request. The Commission would adopt a modified resolution with slightly revised conditions that will be available at the meeting. Another option is to deny the proposed project altogether due to the lack of onsite parking creating parking shortages within the abutting residential area. The findings for this option are attached as Exhibit No. 3. Submitted by: Prepared by: PATRICIA L. TEMPLE TODD M. WEBER Planning Director Associate Planner 2 ;CArA �r Exhibits I. Letter and project description from Mr. John Secretan 2. Resolution No. 2002 -_; findings and conditions of approval and project plans 3. Findings for denial 4. Zoning Code Section 20.03.050 — Conversion of Use 5. Comment letters and petition Zinc Cafe (PA2001 -221) ,q January 17, 2002 Page 10 of 10 1/fi City of Newport Beach Planning Commission Minutes January 17, 2002 - -FILE COPY INDEX Zinc Cof6 and Market Item No. 3 3222 East Coast Highway PA2001 -221 • Use Permit No. 2001.040 (PA2001 -221) Request for a Use Permit to authorize the opening of an eating and drinking establishment called Zinc Caf6 & Market at an existing commercial site in Corona del Mar. The Use Permit application includes a request to waive a portion of the off - street parking requirements. Mr. Todd Weber, Associate Planner then made a slide presentation and noted the fallowing: Vicinity Map with locations of Bandera's and Quiet Woman. • Proposed project is a conversion of an existing 2,945 square foot retail building to a restaurant and market. • There is 1,453 square feet of net public area (NPA) including a 437 square foot patio. • Plans show 1 1 parking spaces provided on site. • A new access from East Coast Highway with the existing curb cut to be removed and placed in center of parking lot, and routing off the highway and exiting to the rear alley • Application does not involve any live entertainment. • Proposed hours of operation 7 a.m. to 10 p.m. with predominant amount of activity occurring from 7 a.m. to 6 p.m. • Parking waiver requested. • Site plan of existing building with parking lots to the north. • Patio area is 437 square feet excluding planter and /or bus station areas. • Diagram of the floor plan broken down by areas. • Pictures taken from south side of East Coast Highway and from various vantages of the rear alley. • Discussed calculations of net public area resulting in a parking waiver of anywhere between 18 to 37 for the plans as proposed and the conditions to allow a waiver. • Landscape area standards. • Existing supply storage to be removed. • Trash enclosure to have self - locking gates. • Parking issue. Ms. Temple then presented an altemate scenario to consider floor area and parking for Zinc Cafe Market. She noted that looking at the floor plan and layout it is difficult to draw clear lines as to what is fully a restaurant and what might be used as only containing retail. There were aspects of siting the various facilities that made it difficult to draw a distinct boundary tine. However, we have identified a way to look at that. Referencing the slide of the floor plan, two of the five areas of the building are more exclusively utilized for retail uses and are identified as areas 'D' and 'E' listed on the plan. Most of the facilities and services to customers in these areas are retail in nature and they are separated from the other parts of the eating and drinking establishment by closing doors, which should be a psychological barrier to people filtering into the market while they are 17 9 City of Newport Beach Planning Commission Minutes January 17, 2402 still partaking of their lunch or beverage. I looked at some prior actions of the Planning Commission and staff in two areas. One is the relevance of the City's Accessory Outdoor Dining provisions that allow up to 25% of the interior net public area to be implemented as outdoor dining without the provision of additional parking. The other is the ability to identify specific areas as retail space and assign them a retail parking rate as opposed to an eating and drinking establishment. The calculations you see on the first page of the handout does both these things as well as an additional thing and that is, it uses the parking ratio for the eating and drinking establishment at 1 parking space for each 50 square feet. There is a rationale in the staff report to use the lower parking factor due to the unique nature of this operation, which has a very high amount of walk -in trade. The applicant has given us information that at both his other operations in Laguna Beach and Solana Beach that approximately 40 %, of his business is walk -in. If we apply the some accommodation that the Accessory Outdoor Dining Chapter provides for smaller size patios, if we use a 1 parking space for each 50 square feel of net public area as opposed to the 40 square feet recommended in the staff report, and if we allow 272 square feet of the floor area to be calculated at the retail parking factor, the project's requirement would be 18. Since 11 parking spaces would be provided on site, this would require a waiver of 7 parking spaces. If the Commission wishes to give consideration to this alternative scenario, we have prepared revised conditions of approval that would implement this program. You received the resolution and findings for the staff recommendation that was distributed to you on Monday. Commissioner Kronzley asked if the restaurant and dining area were closed off at 7 p.m., the parking requirement for the store would then be different. I see this as a bifurcated use with retoil /restaurant and then strictly retail. Wouldn't the parking have a requirement for one parking space for retail only? Ms. Temple answered it would be two. Commissioner Gifford asked to look at the revised conditions of approval as they may address some of her concerns. Ms. Temple read the additional conditions: • The exterior patio shall not exceed 250 square feet in total area. • The total interior net public area as identified as Areas 'A', 'B' and 'C' on the floor plan exhibit prepared by staff dated January 17, 2002 shall not exceed 745 square feet. The areas identified as Areas 'D' and 'E' on the floor plan exhibit prepared by staff dated January 17, 2002 shall be devoted to retail use and shall not exceed 272 square feet. • The parking ratio for the restaurant portion of the project shall be I space for every 50 square feet of net public area. The parking ratio for the retail portion of the project shall be 1 space for every 250 square feet. Eleven parking spaces shall be provided on -site at all times. Continuing, she noted the idea is to reduce the patio size, reduce the size of the interior net public area to 745 square feet, which is the sum of areas 'A', 'B' and 18 INDEX City of Newport Beach Planning Commission Minutes January 17, 2002 'C'. Using the 745 we would multiply that by 25% and come up with a patio credit as implemented in Accessory Outdoor Dining of 186 square feet. The 809 square feet would be calculated at 1 space for each 50 square feet NPA and the 272 retail square feet would be calculated at 1 space for every 250 square feet. These two factors result in a requirement of 18 spaces and a waiver of 7 spaces. Mr. John Secretan, owner and operator of Zinc Caf6 and Market noted, and answered at Commission inquiry: • Caf6 experience in Laguna Beach with community support and patronage. • Sidewalk cafe concept with amenities and qualities. • Parking issues in Laguna Beach and in Corona del Mar. • Convenience to local businesses. • Hours of restaurant operation 7 in the morning seven days a week serving breakfasts; lunch beglns around 11:45 and continues to about 3 p.m,; coffee and deserts are served after 3 and close about 6 p.m. • No dinner service is provided, only take out from the market. • The extension after hours from 6 to 10p.m. would be for a take out dessert. The dessert service is an experiment. • Referencing the floor plan he noted areas he would rope off during that extended duration. (Areas 'A', 'B', and 'C') It would be strictly a two person operation; no outdoor seating will be available. • Parking lot can be made available for anybody to use (would agree to this or chaining the parking lot as a condition). • Wants to keep this simple and easy. • Possibility of purchasing parking permits for employees (8) to park in the Municipal lots. This would remove them from his lot. (agrees to as a condition) • Signage to ask customers to utilize the across street Municipal lot. • Percentage of walk in would be about 40 %, the some as in Laguna Beach, as the communities are similar. • Demographics are different, but both are considered villages. • Locations of both are near residential as well as commercial. • Smaller outdoor dining area is something that he is willing to change as he would still be able to maintain what he needs to make this venture work. • Concerns with traffic and parking demands. • The espresso bar has no seats. At Commission inquiry, Ms. Clauson stated that you can put a condition about chaining the parking lot since the applicant has agreed do it. However, as far as placing the condition on it, the question is how would that relate to your approval? After closing, the business does not need parking. Commissioner Tucker noted that in that area having 1 l more spaces created for use after 6 p.m. would be looked on favorably. Ms. Clauson stated if it is part of your finding for approval, you can condition it. 19 INDEX City of Newport Beach Planning Commission Minutes January 17. 2002 Commissioner Gifford noted her concern with restricting the hours and not chaining it. Chairperson Tucker noted his concern of this becoming a night time restaurant with alcohol service. The conditions must be very tightly worded. Commissioner Kiser asked about the power pole by the exit on the alley. Is there a plan to change the location? He was answered, no. Mr. Edmonston, at Commission inquiry stated that he does not see any direct concerns, there are other establishments with parking off the rear that are shared by residential use. With the kind of business that is being proposed here now, that is not having people leave at 2 in the morning and some of the other concerns expressed %-Ath other types of restaurants. In this particular instance, I don't see it as a big issue. There is a grade difference that I will look at upon project development. Public comment was opened. The following speakers appeared in support of the application. all for similar reasons: • Laurie Kellog, 3309 Ocean Boulevard stated she is very excited for this project and is looking forward to it. • Don Glasgow, Chairman of the Business Improvement District of Corona del Mar stated this project fits very well with what the members had envisioned for the area of Corona del Mar. There is a lot of parking in the area. The District is very emphatic about welcoming this caf6 project into the area and look forward to receiving it into the village. • Paul Blank, 273 Seaview Avenue stated his support for similar reasons expressed. • Mia Ziegler, a local Corona del Mar employee stated she is looking forward to this caf6 for her lunch hour. It is a charming business and asked for approval. • Beryl Magnason, 313 Poppy Avenue supports this project. • Don Jacobs, 309 Poppy Avenue noted that he and his wife are so looking forward to having this cof6 to the middle of town. Bandera's across the street has open parking during the breakfast hours so maybe some type of parking trade could occur. He asked for approval of the project. • Alex Sobrosky, Laguna Beach noted that perhaps residential permits would be the answer to the parking problems. It is a great idea to have the Zinc Cate in Corona del Mar. The following people appeared in opposition to the project: Robert Green, owner of the building at 427 Marguerite on the corner of the entrance to the alley access. He stated that his experience with the street parking on 2nd Street and Marguerite is horrendous. The vision of 20 INDEX -0 eo City of Newport Beach Planning Commission Minutes .January 17, 2002 Corona del Mar is an ideal concept but we must consider the immediate impact on the residents. Everyone who has spoken before me, lives some considerable ways away from the project site. The main issue I have experienced, is when driving down the alley when delivery trucks that service the Quiet Woman, block the alley for a considerable amount of time. Zinc Cafe proposes to use their parking lot for delivery, as there is no loading dock, I expect the parking lot to be full. That will force the delivery trucks to park in the alley and I see a problem with the access and egress for the residents. A very significant safety problem could occur. I have seen employees park in front of the residences. The public parking lot is used by the open air market on the weekend, so there is a flaw in the parking wavier provision. Pamela Ray, 3201 and 3211 Second Street, resident homeowner on the adjacent alley noted that there is a lot at parking in front of the homes. She agreed that the cof6 is lovely, but she expressed her concern for the residents in the general area. People do not choose to park at Bandera's or Rite Aid and then walk across the busy highway, they choose to park in front of the residences. Mike Franklin, 505 Narcissus and the owner of the property of 415 Marguerite and 416 Larkspur stated he had talked to the applicant. He noted his concern with the trash. The property on Larkspur has no alley, no separation between commercial and residential. Having restaurant trash, which is a daily full bin with the flies and odors should be re- located somewhere closer to the building away from my property. I am concerned with the lighting of the parking lot and how it will affect my tenants: Mr. Secretan indicated he had low wattage, and I don't want it shining into the units at night. I think the parking lot should be chained at night because I don't want commercial people going in there at 3 in the morning opening doors, slamming them and waking my tenants up who are 3 feet away from the parking lot. Doug Ashton, 4181/2 Larkspur asked that this project be denied because there is not enough parking for either patrons or employees; enforcement issues: does not agree with any waiver due to the added burden to the surrounding commercial and residential area; delivery trucks block alley and force patrons out onto Marguerite: there will be parking in front of residential garages: two way alley will necessitate drivers pulling onto private property for oncoming vehicles to pass; noise of the delivery trucks; and it the parking lot is left open after 10 p.m. the bar patrons will use it until all hours of the morning, is the owner willing to assume the liability for the parking lot after hours? Debbie Ashton, 418 1/2 Larkspur stated her support of the previous speaker. Howard Ashton, 308 Orchid stated that he has a problem with the parking. Public comment was closed. Commissioner Kramley, referring to the site map, asked if the trash could be 21 City of Newport Beach Planning Commission Minutes January 17. 2002 INDEX moved down closer to the building and away from the property owner? Ms. Temple answered that with confirmation it could be moved down but no further than what the traffic engineering division determines is necessary for that gateway access. Commissioner Selich noted that he has been involved with the Visioning plan for the past two years and this is exactly the kind of use that was envisioned and hoped to get more of in Corona del Mar, including community serving uses that rely heavily on pedestrian oriented traffic as well as having the outdoor dining and things that contribute to the village atmosphere. He is concerned with the parking. Businesses do not want to impact the residential areas. One of the top priorities of the Vision 2004 Plan once the highway issue is resolved is to develop a parking plan where we can get more off - street parking distributed properly throughout the area because we feel the parking problem will never be solved on a lot by lot basis. I would not be in favor of any use that I felt had a heavy impact upon the residential area, looking at this proposal, one of the benefits I see, we have a pool of parking and this is an opportunity to share some of the parking. I am referring to the City parking lot across the street. The times this businesses is open and operating, not withstanding the Farmers' Market issue, ore the times the City parking lot is underutilized. I think there is a great benefit there if we condition that the employees park there as well and the operator encourages patrons to park there too. There is a benefit to having I I additional parking spaces added to the parking pool in Corona del Mar. The owner of the property called me up before he started talking to Zinc Cafe about how to reuse the building, and he was talking at that time about putting in a Harley Davidson Motorcycle dealership in the old garage where the restaurant is going and taking the lot next to it and building as much office and retail on it and have all the parking exiting off the alley. I believe this is a tar superior alternative to that because of the addition to the parking pool, helping to alleviate an evening parking condition. I share the concern about the hours of operation and if we were to approve this, I would suggest an additional finding dealing with that: The Planning Commission finds that the operational characteristics of the proposed use and the plans as conditioned, particularly the hours of operation, are the reasons for granting the parking waiver. Any change In the operallonof characteristics, particularly a change in the hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission with the parking waiver reconsidered. Although this restates a lot of what is in the Code and would be something that someone would be required, I think it is important to get into the findings so it's clear what the Commission's intent was. If it goes to another use or the hours were extended, we would come back and reconsider this parking waiver issue. In addition to the conditions that staff put forth I suggest additional conditions that require: The project owner Is required to purchase employee parking permits for the lot across the street, signage to be used encouraging the patrons to use the lot across the sheet, project owner agrees to the I I spaces being available to the public after closing. The problem with the delivery trucks in Corona del Mar is a problem everywhere and is endemic to the residential and commercial interface. 22 0 City of Newport Beach Planning Commission Minutes January 17, 2002 One last point is the viability of the employees parking in the public parking lot, that is a condition that we put on Albertson's Supermarket when they had their expansion a couple of years ago. As far as I know, I talked to staff and they are purchasing the employee parking permits and though we have no way of knowing for sure that is being used, I think if the employer is spending the money to buy the permits, he is probably staying on top of the issue. Commissioner Agaianian asked about the new curb cut along the highway? Mr. Edmonston answered that it was less of an impact then if it was someone trying to parallel park probably because they can get into the driveway fairly quickly. The design of the lot has the first spaces far enough into the lot that cars should be able to get off the highway. The existing curb cut that is there was mainly used when it was a car dealership to get cars into and out of the showroom, which was a low intensity use. It will introduce a new point where more people will be slowing down and making that turn into the driveway than is there today or if it were only a parallel parking space. The closest spaces in the municipal lot for parking would be closest to Marguerite and close to the comer. The parking lot revenue is low and most of the demand is at night time with restaurant patronage and employees. It is typically over 80 %, vacant. Ms. Temple, at Commission inquiry, stated that the Farmer's Market operates from 8 a.m. to I p.m. on Saturdays. Commissioner Gifford stated that the style of the operations is terrific for Corona del Mar. The outdoor areas is a draw for patrons and I hate to see us cut that down. If we waive 7 spaces, what would happen if we waived 9 spaces? Under the method of calculation outlined in the memo, what would happen if the patio had the benefit of parking spaces 8 and 10, what would be the parking requirement and how many would we have to waive? My experience is that the parking problems on the side street would not diminish if this project did not open. My inclination is to consider allowing a larger patio and I thought a suggestion about exploring a possible reciprocal agreement with Bandera might be good. Additionally, I am concerned with the idea of chaining the parking lot at night. I think it would be a dramatic impact on the residents if the Quiet Woman patrons adopted that parking lot. I suggest that perhaps we require the parking tot to be chained but permit that the applicant could have a parking agreement with another business provided that these were utilized by them through a valet parking program spaces to minimize noise and commotion of the public that might otherwise use the spaces. Commissioner Kiser asked about the alleyway and the issue of two -way traffic without going onto private property. Mr. Edmonston answered it is a problem and if this was being developed today, the Code would require a 20 foot wide alley, Throughout Corona del Mar, 14 feet is the standard. In other parts of the City it is as low as 9 and 10 feet. The alleys are used for loading per the Municipal Code up to 20 minutes, but that is difficult to 23 INDEX N City of Newport Beach Planning Commission Minutes January 17, 2002 enforce. If this is 13 feet because of the power pole and across the alley there is a 5 foot setback, then that would give a total of 18 feet using the public and private areas. Commissioner Kiser asked about condition 8 that all delivery trucks are required to service the restaurant from on -site and prohibited from Coast Highway or the public alley service locations. What about the normal enforcement, would this works' Mr. Edmonton answered it is a low priority for enforcement and is difficult to control. This would be a requirement on the Use Permit, not necessarily a violation of the Municipal Code or the California Vehicle Code to park in the alley and do it. Ms. Temple answered Commissioner Gifford's suggestion regarding the patio. The calculations would increase the parking requirement, using the one space per 50 standard for the alternate analysis by 7 to 8 spaces so the waiver would increase to either 17 or 18, as opposed to 10. Commissioner McDaniel noted that there will be impact on the neighborhood with this project. The chaining or not chaining is a significant concern. I agree that this will be an overflow for other institutions in the area with all the noise associated with its use. I am in favor of chaining the parking lot to make sure there is as much protection as possible for the use. Commissioner Kiser stated he would like to see this use, the outdoor patio should stay within the 250 square feet so that it is within the Accessory Outdoor Dining allocation. The business will work with it and the applicant has agreed to it as well, I am concerned about the parking issues and the public lot is important to this use. Staff's recommendation of the signage both inside and outside the restaurant asking patrons to use the lot as well as the applicant's suggestion for his patrons to be good neighbors by doing that has some impact. I would like to see a condition on this signage, Commissioner Selich noted that it would not be practical to get an agreement with either Quiet Woman or Bandera's regarding the parking. One way to deal with it is to give the option of working out an agreement and close it off at the alley, but if the applicant is unable to get one then I think having a place for people to park that is out of the residential area and on Coast Highway that is better. I prefer to see the lot open after hours. Motion was made by Commissioner Selich to approve Use Permit No. 2001 -040 (PA2001 -221) with the alternative floor area calculations as submitted by staff today; with the findings as initially submitted by staff but adding the additional finding. The Planning Commission finds that the operational characteristics of the proposed use and the plans as conditioned, particularly the hours of operation are the reasons for granting the parking waiver. Any change in the operational characteristics, particularly a change In the hours of operaffon, would require an 24 INDEX 21 City of Newport Beach Planning Commission Minutes January 17, 2002 INDEX amendment to the Use Permit, reviewed by the Planning Commission with the parking waiver reconsidered; with the additional three conditions suggested by staff and adding my following conditions that: • Operator is required to purchase employee parking permits and they are required to park in the Municipal lot across Coast Highway. • Post signage in a prominent location directing and encouraging his patrons to use the Municipal lot across the street. • The 11 spaces be available to the public after closing in either of two forms, (a) enter Into agreements with adjacent businesses to use the lot on a valet parking basis in which the alley entrance would be closed off, or (b) Use the lot as Indicated on the plans. • Relocate the trash enclosure to the maximum degree possible as approved by the City's Traffic Engineer towards the driveway enhance off the alley. Chairperson Tucker then asked the maker of the motion to clean up some of the changes on the conditions. • Condition 1 - change site plan to plot plan; the floor plan should be dated. • Condition 4 - the last sentence delete the last two words, is regeired. • Condition 8 - roil back the time frame for the deliveries to 10 p.m. as it closes at that time. • Condition 10 - eliminate this condition. It is assumed that the limited net public area will limit the number of the seats. • Condition 12 - the rear door usage by employees, roll back time to 10:30 p.m. • Condition 14 - insert water fight before trash containers and add a sentence that says, 'Trash shall be picked up from the ground of the trash enclosure on a daily basis by employees of the premises. • Condition 20 - add after hours of operation, (for either restaurant or retail and espresso bar): after floor plan add (including patio dining area). • Condition 21 - change the last word, 'company' to agent. • Condition 22 - change the word 'outside' to audible. Commissioner Selich agreed to these changes. Commissioner Kiser added: • Condition 23- change wording to specified time periods. • Resolution - delete the word, DOES. Ms. Temple added the following conditions to address the Commission's concerns: • That the exhibit dated January 17, 2002 with the specific areas listed by letter shall be incorporated as part of the findings. • That the reduction in the patio area shall be used for landscaping purposes. 25 All City of Newport Beach Planning Commission Minutes January 17, 2002 Commissioner Selich agreed with these additional changes and discussed his condition regarding the agreements. Commissioner Kiser stated he has concerns about the ability of valets to park cars in that particular lot and get them back out onto Coast Highway. Mr. Edmonston answered the concern really is how the valets will be able to keep other people from coming into the lot. It is problematic; valets do not particularly follow the striping on the ground, they follow a pattern thai works best to get the most cars in and leave maneuver space. The valets would establish a pattern and you could have them submit a plan that would show how it would be operated. I have not looked at this project with exiting onto Coast Highway, only entering from Coast Highway. Continuing, Commissioner Kiser stated another concern about forcing the applicant to turn this into a public lot that is open at night. It is great to have the extra parking in town, I don't think we should restrict this owner /user from chaining off that lot at night if they want to. Commissioner McDaniel expressed his concern of having the eleven parking space noise generation concentrated in that area and disturbing those few residences. Additionally, it is a target for people to come visit after hours, just to stand around shooting the breeze, etc. I think it would be minimized it they were disbursed. Mr. Edmonston answered that as Commissioner Selich noted, it is o trade off. It it is open late and introduces parking in an area that has not had it next to residences as opposed to street parking being used. I don't know if there are more bedrooms on the alley or more on the street, there could be a number of things that play into which would be least burdensome for the neighborhood. Commissioner Agajanian stated that if the facility is going to be opened until 10 at night, 1 am not sure who will valet park after 10:00 p.m. 1 think it is a moot point and I would just as soon not put the requirement on it at all. Commissioner Gifford noted her goal was to have findings supported by potential use of the parking spaces beyond this business but to minimize the impact on the neighbors by not having it create problems for nearby residents. The problems we could have here are people coming out of the bars at 2 in the morning, slamming doors, radio blaring. I don't know whether you take parking away from where people are already parking or get I I more people who drove on by who could not find a place to park before. I feel we should require that it be chained but give the owner the option to allow it be used for valet. After considering public testimony, Chairperson Tucker noted that he wasn't sure whether it was better to require the lot to remain open after hours or to chain the lot. Accordingly, he would like to see this come back in a few months to see 26 INDEX City of Newport Beach Planning Commission Minutes January 17, 2002 INDEX if leaving the lot open was creating more problems then it was solving. It is a choice of the best of two evils but I'm not sure we have made the correct choice. To make sure we haven't made a mistake, I would like the matter of the parking lot remaining open after hours to come back to the Commission for review in six months. Commissioner Agajanian asked to add a condition, No seating at the espresso bar. Commissioner Selich agreed. Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford. Kranzley Selich Noes: None ... Commissioner Kranzley excused himself from the proceedings. Introduce an Item after 10:30 Chairperson Tucker then noted that according to the Planning Commission Procedures, we are not to start on an item after 10:30 p.m. unless we vote to do so. Approved I would like a motion so that we con go ahead and consider the Regent Newport Beach. Motion was made by Commissioner Selich to hear the next item. Ayes: McDaniel, Kiser, Agajanian, Tucker, Gifford. Kranzley Selich Noes: None Excused: KranzJey SUB Regent Newport Beach (PA 2002 -005) Item No. 4 • 1700 West Balboa Boulevard PA2002 -005 lnittation bf n amendment to the Land Use Element and Recreation and Open Recommended for Space Elemenf..pf the General Plan and the initiation of a Planned Community Initiation Development Plan" f°�al`l`ow the development of a 147 -room hotel resort complex. Chairperson Tucker notedhis item is an initiation of a general plan amendment, it is not the general plan amend ent itself. The actual plan, assuming that the Council decides to concur with ann v'pqsitive action we take, will be back when it will be the actual plan, with the relafeeL environmental documents, and that will be before us at a later date. Historically'in. the past we have spent very little time on initiations, if it is something that loo�ks-,11�! it is within the realm of something that might be acceptable and the apofiqunt wants io spend the time, effort and money to bring back the actual plan to us a generally accord him that right. In this particular case, this is also a property thbt is owned by the City. The City Council has been heavily involved in this process s814 nk that we will take very brief public comments, limit everybody to a minute,,,on this because there is no actual plan for us to review tonight. we will decide on.,the wisdom of the initiation. Is there any other information from staff? 27 Of, RESOLUTION NO. 1549 FILE C P Y A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2001 -040 (PA2001 -221) FOR PROPERTY LOCATED AT 3222 EAST COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Mr. John Secretan, with respect to property located at 3222 East Coast Highway and legally described as Lots 2 and 3 of Tract Map No. 1045, requesting approval of Use Permit No. 2001 -040 to open an eating and drinking establishment, with an outdoor patio, in a former retail building. The Use Permit includes a request for a waiver of off - street parking requirements. Section 2. A public hearing was held on January 17, 2002 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: The proposed location of the eating and drinking establishment needing this use permit, and the proposed conditions under which it would be operated or maintained, is 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, The use permit pertains to an eating and drinking establishment to be opened in a building that is designated and zoned for this activity. The use has been conditioned in such a manner to minimize the impacts associated with restaurant activities. The plans, as conditioned, meet the design and development standards for eating and drinking establishments, except as specific waivers have been granted. The applicant does not propose to serve alcoholic beverages or provide live entertainment, which would change the operational characteristics of the restaurant and could result in additional parking demand. 2. The operational characteristics of the proposed use and the plans as conditioned, particularly the hours of operation, are the reasons for granting the parking waiver. Any change in the operational characteristics, particularly a change in the hours of operation, would require an amendment to the Use Permit, reviewed by the Planning Commission with the waiver reconsidered. The operational characteristics and location of the proposed use are such that a substantial amount of business is generated by walk up traffic. The peak operational times are anticipated to be during the morning and lunch hours. The evening business is anticipated to be significantly less than the peak morning and afternoon times. A municipal parking lot is located in close proximity to be useful in conjunction with the proposed project. These factors are anticipated to reduce the project's trip generation and reduce negative effects of the limited on site parking provided. 3� -a� City of Newport Beach Planning Commission Resolution No. 1549 Paee 2 of 6 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2001 -040, subject to the Conditions set forth in Exhibit "A ", the plans dated November 2, 2001 attached as Exhibit `B," and the Section 5. 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 or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17`h DAY OF JANUARY, 2002. AYES: McDaniel, Kiser, Agaianian, Tucker, Gifford, Kranzley, Selich NOES: None BY: Larry Tucker, Chairman BY Earl McDaniel, Secretary City of Newport Beach Planning Commission Resolution No. 1549 Page 3 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2001-040 1. The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated November 2, 2001. Additionally, development of the project shall be in substantial conformance with the floor plan exhibit prepared by staff and dated January 17, 2002, which designated the uses for each section of net public area. 2. Use Permit No. 2001 -035 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 if the Newport Beach Municipal Code, unless an extension is otherwise granted. Prior to the issuance of any permits, the two separate parcels identified as Lot Nos. 2 & 3 of Tract Map No. 1045 shall be merged. 4. 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. Adequate access and exiting must be cleared through the Building Department. Specifically, approval from the Orange County Health Department is required prior to permit issuance. A grease interceptor of adequate size is required in association with food preparation activities. 5. That all public improvements shall be constructed as required by Ordinance and the Public Works Department. Specifically, the proposed driveway requires an encroachment permit from Caltrans. The unused driveway into the existing building shall be replaced with curb, gutter, and sidewalk, also as part of the Caltrans encroachment permit. 6. The gate opening at the parking lot exit shall be at least 14 feet wide. T Hours of operation are limited to the following schedule: Restaurant 7:OOam to 6:OOpm (everyday) Retail & Espresso Bar 7:OOam to 10:00pm (everyday) 8. The total net public area as identified as Areas "A," `13," and "C" on the floor plan exhibit prepared by staff and dated January 17, 2002 shall not exceed 745 square feet. The areas identified as Areas "D" and "E" on the floor plan exhibit prepared by staff dated January 17, 2002 shall be devoted to retail use and shall not exceed 272 square feet. 9. The parking ratio for the restaurant portion of the project shall be 1 space for every 50 square feet of net public area. The parking ratio for the retail portion of the project shall be I space for every 250 square feet. Eleven parking spaces shall be provided on -site at all times. NO 33 City of Newport Beach, Planning Commission Resolution No. 1549 Page 4of6 10. All delivery trucks shall be required to service the restaurant from on -site and shall be prohibited from loading and unloading on Coast Highway or the public alley. Deliveries shall be scheduled outside of peak operating hours of the use so that all access will not be blocked. No deliveries shall be permitted before 6:00 am or after 10:00 pm. 11. Any landscaping affected by the proposed driveway shall be relocated or replaced at the applicant's expense. 12. The exterior patio shall not exceed 250 square feet. 13. Plans for exterior lighting and signage shall be submitted to the Planning Department for review and approval. The lighting plan shall be designed to eliminate light spillage and glare onto adjacent properties or uses. The lighting plan shall be prepared and signed by a licensed Electrical Engineer acceptable to the City with a letter from the engineer stating that, in his professional opinion, this requirement has been met. Prior to the issuance of a certificate of occupancy or final of building permits, the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of light and glare specified in the lighting plans. 14. The use of the rear door shall be limited to employee use only and shall be prohibited between the hours of 10:30pm and 6:00am. Use of the rear door by customers or patrons shall be prohibited. 15. Storage outside of the building in the front or at the rear of the property is shall be prohibited, with the exception of the required trash (container) enclosure. The required trash enclosure shown on the plot plan dated November 2, 2001, shall be moved as far from the residential property as is possible while still providing adequate space for the egress from the parking lot to the alley. 16. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure (i.e., three masonry walls and a self - locking gate), or otherwise screened from view by neighboring properties except when placed for pick -up by refuse collection agencies. The watertight trash containers shall have a lid or top that remains closed at all times, except when being loaded or while being collected by the refuse collection agency. The design of the trash enclosure shall incorporate self - locking gates. 17. The operator of the food service use shall be responsible for the clean up of all on -site and off - site trash, garbage, and liter generated by the use. Employees of the premises shall pick up trash from the ground of the trash enclosure on a daily basis. 18. The applicant shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self - contained containers or may include periodic steam cleaning of the containers, if deemed necessary by the Planning Department. 19. No alcoholic beverage service or sales shall be permitted on the premises. Any change to this status requires approval through the City's Alcoholic Beverage Ordinance (ABO). a 3 City of Newport Beach Planning Commission Resolution No. 1549 Page 5 of 6 20. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 21. 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. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by both the Public Works Department and Caltrans in conjunction with the issuance of an encroachment permit or encroachment agreement from each. 22. That any change in operational characteristics, hours of operation (for either restaurant or retail and espresso bar), expansion in public area or other modification to the floor plan (including patio dining area), shall require amendment to this Use Permit or the processing of a new Use Permit. 23. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 24. No audible paging system or speaker system shall be utilized in conjunction with this food service establishment. 25. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapters 10.26 and 10.28 of the Municipal Code that provides, in part, that the sound shall be limited to no more than what is depicted in the table below for the specified time periods. Measured at the property line of Commercially zoned prbperty Measured at the property line of Residentially zoned property 7:00am & 10:00pm 65 dBA 10:00pm & 7 :00am T.i' 50 dBA 26. Kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code prior to the issuance of a Certificate of Occupancy for the subject business and approved by the Building Department. That issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 27. All mechanical equipment shalt be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 35 City of Newport Beach Planning Commission Resolution No. 1549 Page 6 of 6 28. That a covered wash -out area for refuse containers and kitchen equipment shall be provided and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refine containers or restaurant equipment shall be prohibited in the parking lot and public alley. 29. Operator is required to purchase employee parking permits and the employees shall be required to parking in the municipal parking lot 30. After six months have passed from the first day the business is open to the general public, the Planning Commission shall review the functional characteristics associated with the operations of the open parking lot to ensure compatibility -Mth the surrounding community and built environment. F : \USERS\PLMShared\PA's1PA2001 -22 RUP2001 -040 revisedreselucimdac 3(Q EXHIBIT 2 PLANNING COMMISSION STAFF REPORT, MINUTES AND RESOLUTION FROM MARCH 18, 2004 MEETING 31 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner rung0cb. newoort- beach. ca. us (949) 644 -3208 SUBJECT: Zinc Cafe and Market Amendment to Use Permit No. 2001 -040 (PA2003 -225) 3222 East Coast Highway APPLICANT: John Secretan 350 Ocean Avenue Laguna Beach, CA 92651 REQUEST: Agenda Item No. 2 March 18, 2004 FILE COPY The applicant is requesting an amendment to Use Permit No. 2001 -040, to allow the restaurant portion of Zinc Cafe and Market to extend its hours of operation to 10:00 p.m., seven days a week and to allow the establishment to operate with a Type 41 (On -Sale Beer and Wine Eating Place) License, pursuant to the Alcoholic Beverage Outlet Ordinance (ASO). ,. BACKGROUND: On January 17, 2002, the Planning Commission considered and approved Use Permit No. 2001 -040, to allow the operation of Zinc Cat& and Market on East Coast Highway in Corona del Mar. The Use Permit also included an approval for a on- street parking waiver. The restaurant has approximately 48 seats for both the indoor and outdoor dining areas (32 inside and 16 outside). No alcoholic beverages are currently sold on the premises at this time. 3e iJ ` Zinc Cafe, .;d Market (PA2003 -225) March 18, 2004 Page 2 Amendment to Use Permit No, 2001 -040 (PA2003 -225) 3222 East Coast Hiahwav Current Develo ment: fe and Market To the north: commercial &residential uses abutting the project site To the east: ESeMce commercial use abutting the project site & residential use across the alley To the south: ant & bar use (The Quiet Woman) abutting the project site and restaurant, service commercial uses across E ast Coast Hi hwa To the west: rant (Bandera's), retail & service commercial uses across East Coast Highway — - — — — — — 3� Zinc Cat id Market (PA2003 -225) March 1 B, 2004 Page 3 Site Overview The property is located on the north side of East Coast Highway between Larkspur and Marguerite Avenues in Corona del Mar, and is approximately 8,397 square feet in size. The property is zoned Retail & Service Commercial (RSC), and contains a 2,945 square foot building and a 250 square foot outdoor patio, An 11- space, on -site, parking lot is located on the west side of the property and is accessible from East Coast Highway that serves as the main vehicle entrance. Exiting from the parking lot is through the existing alley located behind the property. This alley is also being utilized by the neighboring residential properties and other nearby commercial uses. The existing restaurant is located between a dry- cleaning establishment and a restaurant and bar establishment (The Quiet Woman), residential units to rear of the establishment across the alleyway, and retail and service related commercial uses (Bandera's Restaurant and Rite -Aid) are located across East Coast Highway. Proiect Overview The applicant is requesting to extend the business hours of the restaurant to 10:00 p.m., seven days a week. The hours of operation are currently limited to the following schedule: Restaurant: 7:00 a.m, to 6:00 p.m. (everyday) Retail and Espresso Bar: 7:00 a.m. to 10:00 p.m. (everyday) The proposed business hours would allow the restaurant to provide full - service dinner in addition to the breakfast and lunch provisions. The applicant indicates that the requested hours for dinner service would help his business stay financially viable and satisfy the patron's desire for evening meal service. Please see Exhibit 2 for further information. The applicant will be providing a dinner menu similar to the Zinc Cafe & Market located in Laguna Beach. Beer, wine, and champagne will be available with meals for on -site consumption only. Menus of the breakfast, lunch, and dinner and a beverage list are attached as Exhibit 3. The applicant is also requesting to sell bottled alcoholic beverages in the retail section of the establishment. The retail portion of the business currently displays for -sale kitchen accessories and cookbooks. The opening and closing shifts on both sides of the establishment utilize two employees and a maximum of eight employees during the busiest hours during the regular shifts. The request for a Type "41" License would allow the restaurant to serve beer and wine with its meals and the retail sales of bottled alcoholic beverages in the retail section of the establishment should it be approved. No live entertainment or dancing is requested. �C Zinc Cate . A Market (PA2003 -225) March 18, 2004 Page 4 Ana_ Ivsis An amendment to the existing Use Permit is now required since the applicant is proposing to alter the operational characteristic of the existing eating establishment by extending the business hours and the request for an alcoholic beverage license. Hours of Operation The entire facility (restaurant and retail sales components) is currently open from 7:00 a.m. to 6:00 p.m., seven days a week. The retail section and espresso bar are allowed by the approved Use Permit to open until 10:00 p.m., for purchasing of deserts or other retail items. The applicant chooses to close the establishment early since there are no activities during the evening hours. As mentioned previously, the establishment has a small dining patio. It may be of concern to allow the patio area to stay open until 10:00 p.m., since it is located close to a residential area. This concern could be addressed by requiring the outside patio to close by 9:00 p.m., each night; an hour earlier than the inside dining area of the restaurant. Final seating for the patio area would then be 8:00 p.m. Alcoholic Beverage Outlet Ordinance (ABO): The applicant is requesting a Type 41 License to permit the on -site consumption of beer and wine in the restaurant portion and the ability to sell bottled alcohol beverages in the retail side of the establishment. Section 20.89.030.6 of the Alcoholic Beverage Outlet Ordinance (ABO) requires the Planning Commission to consider the following factors: f. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In accordance with the foregoing, and in order to provide the Planning Commission with the necessary data and analysis to make the required findings, each of the factors is discussed as follows: - Zinc Cato ,d Market (PA2003 -225) March 18, 2004 Page 5 1. Public Convenience or Necessity. The existing restaurant is presently serving breakfast and lunch. The service of beer and wine is made for the convenience of patrons dining at the restaurant. Once the requested hours 'have been approved, full - service dinner will be served in the restaurant. The sale of alcoholic beverages is a typical accessory use to a full - service restaurant and the public expects and demands this service. The retail sales of beer and wine for off -site consumption is not an unreasonable request since the establishment does have a retail sales area where food accessories (wine glasses, dishes, tableware, cookbooks, kitchen /home accessories etc.) are displayed and sold on the premises. Approval of the sale of alcohol for both on- and off -site will serve the public's convenience as opposed to the public necessity. 2. Crime Rate. Citywide, there were 7,057 crimes reported during calendar year 2002, of which 2,609 were Part One Crimes (serious offenses). The remaining 4,448 were Part Two Crimes that include alcohol related arrests. The project site is located within Police Reporting District No. 44 and the Part One Crime rate for the RD, two adjacent RD's, City, California and National averages are shown in the following table for comparison. RD No. 44 2470.46 Citv Average: 3448.23 RD No. 39: 35829.49 1 Carrfornia: 3902.90 RD No. 43: 4221.39 1 National: 4160.50 During 2002, the number of Part One Crimes in RD No. 39 was 311 and the number of Part Two Crimes was 277. RD No. 44 had 138 Part One and 265 Part Two Crimes; and RD No. 43 had 45 Part One and 48 Part Two Crimes. As shown in the previous tables, the crime rate in RD No. 44 is lower than adjacent districts and other averages used for comparison. 3. Over Concentration. There are a total of 24 active ABC licenses within RD No. 44. The census tract within which the restaurant is located has a higher ratio of liquor licenses (1 license for every 193 residents) when compared with the average ratio for Orange County (1 license for every 592 residents) since there is very limited population within the census tract and a high number of restaurants and other retail establishments that sell and serve alcohol. The area is typified by full - service, sit -down restaurants that are complimentary to the office, retail commercial and entertainment uses along the Coast Highway area. As noted by the Police Department report, the requested on -sale alcohol license is not expected to generate additional crime problems in the area due to the nature of the business. The concentration of alcoholic beverage licenses within the area is not considered by the Police Department as detrimental to the community. 4. Alcohol Related Crimes. The Police Department has provided statistics for driving under the influence and plain drunk arrests. There were a total of 208 arrests consisting of which 40 driving under the influence arrests and 44 plain drunk arrests 4?_ Zinc Cafe d Market (PA2003 -225) March 18, 2004 Page 6 Within RD No. 44 in 2002. The percentage of alcohol related arrests within RD No. 44 is 40% (84/208). City -wide, alcohol related arrests account for 40% (1,608/4,005) of all arrests made. The alcohol- related arrest rate in the two adjacent reporting districts is 29% for RD No. 39 and 45% for RD No. '43. The rate within which the project is located, RD No. 44, is the same as the city-wide average and lower than RD No. 43. The Police Department does not believe that the proposed request will generate a significant increase in alcohol - related incidents. On -site consumption of alcoholic beverages will be limited to the restaurant portion of the establishment including the outdoor patio. The patio is accessible from the restaurant and is physically separated from the adjacent parking lot by a 36 -inch high, wrought iron fence and stucco wall. The requested retail sales of bottled alcohol beverages (wine and champagne) in the establishment's retail section, in conjunction with the food - related accessories would not be an unreasonable request. This request should be limited as an accessory aspect of the retail portion establishment so a future operator could not create a retail store. 5. Adiacent Uses. The site is adjacent to residences but no day care centers, schools, or park and recreation facilities are located in the vicinity of the project site. In accordance with the ABO Ordinance, the Police Department has reviewed the Use Permit application and has determined that no additional conditions related to design and security are necessary. However, the proposed operating hours with closure of the patio at 9:00 p.m., and the lack of live entertainment and dancing on the premises, should reduce any potential negative impacts to the nearby residences. Parking Pursuant to Chapter 20.15, Commercial Districts, Zinc Caf6 and Market is defined as a full - service, high turnover eating and drinking establishment. And a full- service, high turnover, eating and drinking establishment requires off- street parking pursuant to Chapter 20.66 of the Municipal Code within a range of 1 space for each 30 to 1 space for 50 square feet of net public area. The Planning Commission considered and established the parking ratio for the restaurant portion at one space for every 50 square feet of net public area. The parking ratio for the retail portion of the project is one space for every 250 square feet. With the above determinations, the Commission approved, in conjunction with the Use Permit, a parking waiver of 18 spaces (29 required, 11 provided) and required the establishment to provide and maintain eleven (11) on -site parking spaces at all times. The establishment was also required to provide employees with parking passes for the municipal lot across Coast Highway. A copy of current paid parking receipt for the employees is on file with the Planning Department. 43 Zinc Cat d Market (PA2003 -225) March 18, 2004 Page 7 There are no proposed changes to the approved floor plan layout that would cause the overall net public area of the establishment to increase. The approval of the parking reduction was based on: 1) the operational characteristics of the business; 2) a substantial amount of walk up traffic; 3) peak operational times during the morning and lunch hours (not evening); and 4) the municipal parking lot located in close proximity to be useful in conjunction with the business. Evening hours were excluded with the approved Use Permit due to the fact that the applicant proposed a breakfast/lunch business and the availability of parking within the municipal parking lot across Coast Highway during evening hours is limited when Bandara's is open. To date, no parking related complaints have been received by the City attributable to this establishment. The proposed increase in the restaurant's business hours necessitates the need to reevaluate the parking demand for the establishment during the evening. Staff visited the establishment on two separate occasions during the peak hours for each meal period. During the visitations, staff focused on the parking patterns of the business, which includes the utilization of the on -site parking lot where the customers typically parked, and the mode of transportation of the customers. According to the applicant, the establishment currently has the following peak hours: 8:00 a.m. to 10 a.m. for breakfast and 11:45 a.m. to 1:00 p.m. for lunch. Peak hours on weekends are from 8:00 a.m. to 2:00 p.m. The site visits showed that the existing business is thriving both at breakfast and lunch times but very quiet during evening hours. This is mainly due to the closing of the restaurant side at 6:00 p.m. each day. The on -site parking lot is well utilized and mostly full during the peak hours of each meal. The circulation pattern apparently works fairly well for the establishment. On- street parking in front of the store and along the north side of Coast Highway is favored by the customers. The on- street parking along this stretch of Corona del Mar is restricted to one -hour parking. This restriction is apparently acceptable since the majority of customers have finished their meals or stops for pick- ups within this time frame. Staff noted that a few customers had parked on residential streets of Larkspur Avenue and Marguerite Avenue. This situation occurs more so during the lunch hours when the on -site parking lot and spaces in front of the business are full. The majority of the customers arrived by cars, and some appeared to be walkups. Staff noted that there are more walk -up customers in the mornings than at lunch. Besides the on- street parking along both sides o1 Coast Highway, there are two municipal parking lots located across Coast Highway, behind Rite -Aid and Bandera's Restaurant. These lots are not full in the morning and afternoon times. They have paid a 46 Zinc CafE .1d Market (PA2003 -225) March 18, 2004 Page 8 meters until 6:00 p.m., and are generally full after 6:00 p.m. each day. The nearby restaurants ( Bandera's and Quiet Woman) in the immediate vicinity are depending on these lots for off -site parking. The Bandera's Restaurant has the best parking advantage than any other nearby restaurants while the Quiet Woman provides no parking and solely depends on on- street parking. As proposed, the peak operational times for the establishment will be expanded to include dinner hours. The municipal parking lot located in close proximity may face additional demand at night times. The site provides 11 total parking spaces and the presence of the municipal parking lots across the Highway can be used to support approval of the extended restaurant hours. However, the effect of the dinner crowd is a concern since the establishment is close to residential properties. The later closure time of the restaurant would mean having vehicles exiting through the neighboring alleys later in the evening. This increased activity and increased demand for parking in the neighborhood with all the nuisances associated with it may be detrimental to nearby residents of which in the past had expressed concerns of noise and encroachment of commercial parking within residential areas. The last item of consideration is the six -month review of the on -site parking lot. The Planning Commission required this condition in order to determine the functional characteristics of open parking lot arrangement at the subject site and to ensure that it is compatible with the surrounding community and existing environment. There was a lengthy discussion in determining whether the parking lot should remain open to the general public or to have it chained off after business hours. The thought behind this arrangement was to provide the area with 11 additional parking spaces for use when the restaurant portion is closed. The option of chaining off the parking area is to protect the nearby residences from noise and traffic related problems after 6:00 p.m. As of this date, staff is not aware of any problems generated from the open parking arrangement and have not received any complaints from the nearby residents. The applicant has no parking agreement with anyone for the use of the parking lot after hours. Site visitations also revealed that the parking lot is being well kept, free of debris, and is empty of cars after 6:00 p.m., since the applicant is voluntarily closing the retail portion of the business at 6:00 p.m. when the restaurant is required to close. Public Comments As a part of this Amendment, the applicant has submitted a list of the patrons with their traveling distance and mode of transportation (Exhibit 4). This list shows that the restaurant mainly serves the Corona del Mar community but at the same time it attracts customers from other nearby cities. The list revealed that approximately 35 percent of J5 Zinc Cafb ....d Market (PA2003 -225) March 18, 2004 Page 9 the patrons do walk and the remaining patrons come by cars with a small number of persons using bike transportation. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 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. Conclusion Section 20.91.035 of the Newport Beach Municipal Code provides that in order to approve any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use, or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Zinc Cafe has proven to be a positive addition to the Corona del Mar community by providing an attractive establishment with a flare of its own. It is a community serving use with pedestrian oriented traffic but at the same time it is a destination location. Staff is of the opinion that the findings for approval of this application can be made since the change In the operational characteristics for an increase in the hours of operation is an expansion of the food service portion of the facility. The later closing time is being requested to accommodate the principal purpose of the sale of food and beverages at dinner time and not necessarily the sale and service of alcoholic beverages. Staff and the Police Department do not have concerns with the requested ABC license. The request for a Type "41" License is supportable with operating conditions. The on -site parking lot of 11 spaces is available to accommodate its customers during the requested hours. Staff, however, is concerned that the level of intensity proposed will create negative impacts to the abutting residential area In terms of additional noise generating from the open patio, exiting vehicles through the alleyways, and increased parking demand in the residential area in the evenings. Based upon the analysis contained in this report, there are valid concerns with regard to parking, traffic, and noise mainly because of its close proximity to residential properties. The Commission could require the dining patio Zinc Caf6 d Market (PA2003 -225) March 18, 2004 Page 10 to close at 9:00 p.m. instead of 10:00 p.m., to reduce the level of outside noise associated with the patio. RECOMMENDATION: The Commission has the option to approve an amendment to the Use Pen-nit as requested - to allow the restaurant to remain open until 10:00 p.m. and to allow the establishment to operate under a Type "41" License. A draft Resolution of approval containing the proposed conditions for the amendment as well as the original conditions has been prepared for the adoption reincorporating the old conditions in order to have continued implementation. The Commission may address the outside noise and parking issues by approving any variation of the restaurant hours of operation and approve the request for Type "41" License. Another option is to deny the proposed request altogether due to the concerns discussed above. The findings for this option are attached as Exhibit No. 6. Prepared by: QW�O� R salinh Ung, ssoci to Planner Exhibits Submitted by: Patricia L. Tempe, Planning Director 1. Resolution No. 2004 -_; findings and conditions of approval 2. Findings for Denial 3. Police Department Report 4. Letter and project description from the applicant 5. Food menus from the applicant 6. List of Supportive Patrons from the applicant 7. Staff Report dated January 17, 2002 8. Excerpt of Minutes dated January 17, 2002 9. Approved Project Plans kA-1 Planning Commission Minutes 03/18/2004 HEARING ITEMS SUBJECT: Zinc Cafe (PA2003 -225) 3222 E. Coast Highway Request an amendment to Use Permit No. 2001 -040, to allow the restaurant portion of Zinc Cafe and Market to extend its hours of operation to 10:00 p.m., seven days a week and to allow the establishment to operate with a Type 41 (On -Sale Beer and Wine Eating Place) License, pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). Commissioner Eaton clarified with staff that the two issues of this item could be enacted upon separately. John Secretan, applicant noted the following: . Request is to extend the hours to 10:00 p.m. for economic reasons. • Business has been spotty to make the dollars that are required to make the business continue. • The business has been well received in the community. • The restaurant is not noisy, and is designed to be comfortable and relaxing. • He does not expect any problems with the sale of beer and wine. . Deliveries will. be done in the morning hours and done through the parking lot, not the alley. Commissioner Selich noted: . The original approval had a finding that the operational characteristics of the use, particularly the hours of operation, were the reason for the granting for a parking waiver. One of the reasons was that the use did not overlap into the other restaurants in the area and compete with parking. . These permits run with the property, not the person /entity. . If the applicant's cafe would leave, whatever restaurant came in would be under that use permit. We have to be careful that we do not get another restaurant in that building that overlaps hours and causes parking problems. Page 2 of 17 ITEM NO.2 PA2003 -225 Approved file: //H: \Plancomm \2004 \0318.htm 04/08/2005 4 Al Planning Commission Minutes 03/18/2004 . He then asked the applicant if the proposed extended evening hours could be until 7 or 7:30 p.m. to get the early dinner crowc but not the whole evening. . He then expressed his concern about granting full operation tc 10:00 P.M. Mr. Secretan answered that: • He would find it unsuccessful to limit his use to 7:30 p.m. as his clientele eat between 7:30 p.m. to 9:30 p.m. • If the time does not get granted, he stated that he would not be inclined to stay in Corona del Mar. • It would be a mistake to not grant him the additional hours. • Overall, this cafe is used by the local residents and is something for the City to be proud of. Commissioner Selich noted: . If another restaurant comes in then we would be able to review this use from the beginning as this is such an unusual use there now. . He asked if the Commission could grant extended hours and have this item come back in twelve months for review. Ms. Temple answered yes, that subsequent review has been done in the past. Mr. Secretan answered he would accept that condition. Ms. Clauson noted that the condition would be to review this use permit in a year to see if there are any problems. If there are problems a year from now, the Commission will not be able to withdraw the condition and take away the approval just because they are not successful and are leaving town and someone else is coming in. Public comment was opened. Beth Rasmussen, a local citizen noted her concerns and asked that the hours not be extended: . Traffic and safety - speeding and near misses with pedestrian crossings . Parking - additional parking from extended hours of the cafe would only increase the lack of parking and cause additional competition for parking in residential areas.' file: /1H:1Plancomm1200410318.htrn Page 3 of 17 04/08/2005 41 RISE" Planning Commission Minutes 03/18/2004 . Drunk and disorderly - Quiet Woman facility patrons use Larkspur until 2 in the mornings. At Commission inquiry, the speaker noted that since Zinc Cafe moved in it is very difficult to find parking in front of her apartment. Additionally, since it opened, the no parking situation adds additional traffic. The parking is fully used from 8 to 10 p.m. The cafe employees frequently do not park in the public lot across Marguerite as they are supposed to. Robert Green, local citizen noted the following concerns: • Has called the cafe owner regarding employees parking in front of the apartment housing on Larkspur. • The cafe owner has not been a good neighbor due to parking and issues with delivery drivers. • The parking problems have increased since the cafe opened. • There is quite an elderly population in Corona del Mar and to increase the parking demand in the residential areas is problematic to them. • He then noted his petition with 28 signed petitions to not grant the increased hours. Ms. Clauson noted Mr. Green had called her and asked that ADA requirements be addressed. The ADA (American with Disabilities Act) appointed liaison of the City is Mr. Faysal Jurdi, Deputy Building Official. That was done in the early '90's for purposes of implementing the ADA. Now, what he does is implement Title 24, which is the regulations that the City is responsible for of its own properties and development and also for any building permit that is issued. Under the Title 24 regulations, there is nothing that requires ADA accessible parking on City streets. We deal with ADA in parking lots and for public facilities. Pamela Frey, a local citizen, noted the following: . The evening parking is being used by the restaurants in the area now and allowing the cafe additional evening hours will only compound the problem. . As it is now, she has to park two blocks away when she comes home in the afternoon. . This is a nice establishment, but if it leaves as the owner is threatening, what will happen to the neighborhood if another venue comes in with beer and wine with the extended hours? . There is a lot of noise now, and my peace and enjoyment of my property is compromised. file: //H:1Plancomm1200410318.htm Page 4 of 17 04/08/2005 Planning Commission Minutes 03/18/2004 . In my opinion, my property is not as enjoyable as it was since the cafe moved. She asked that the Commission not let the hours be increased due to parking problems and noise. Debbie Ashton, a local citizen, noted the following: . Asked that a stop sign be installed at Larkspur and 2nd Avenues due to the increased traffic resulting from the cafe as there have been many near misses and accidents in that area. • Asked about permit parking for residents 6:00 p.m. to 3:00 a.m. • Noise is a problem especially when patrons go back to their cars in the evening. • Trash is a problem from cafe patrons. • If this is granted with alcohol established for this property, would it somehow set a precedent for hours to be extended and it could become another bar? • The establishment as it is now is a lovely place. Mr. Doug Ashton, a local citizen, noted the following: Supports and agrees permit parking for local residents. Distributed pictures of trash containers overflowing from breakfast and lunch business and asked with the addition of a dinner business, where is the extra trash going to go as they are allowed only two trash receptacles? Cafe was originally opened with the condition that employees, and patrons use the municipal parking lot over by Bandera's. With the added evening hours, parking will overflow from the lot into the residential areas. Ms. Temple noted that the establishment of a residential parking permit program is not within the jurisdiction of the Planning Commission and would have to come from the City Council. However, there is one area in town that has a resident permit program and that is in Newport Island. Mr. Edmonston noted that there is also a resident permit plan around the area of Newport Harbor High School that allows parking up to two hours but longer with a permit. The Newport Island program is effective from May 15th to September 15th, and therefore is a summer restriction. The City has in the past looked at residential permit programs in Corona del Mar. There have been logistical problems dealing with it and how the City would address the fact that there are a lot of commercial establishments that don't have enough Page 5 of 17 file : //H:\Plancomm\2004 \0318.htm 04/08/2005 5\ Planning Commission Minutes 03/18/2004 parking to remain in business if all the residential parking was taken away from them. It is an issue that is further complicated by the fact . that the south side of the highway is in the coastal zone and they have a say in any parking restriction programs as well. Public comment was closed. Commissioner Selich noted: . A large part of the parking waiver that was given was due to this establishment closing down when other eating establishments are gearing up for the evening dinner hour. . After 6:00 p.m., the parking lot is full at Sandera's, as is the adjoining City lot. . We considered this very carefully when this item first came up and I am sympathetic to the applicant's problems. . I would like to come up with some hours of operation that may overlap into the dinner hour; however, I can not support the operation being opened until 10:00 p.m. and recommend 7:30 p.m. Commissioner Kiser noted: • After reviewing the decision the Commission made two years ago, it is a difficult issue to extend the evening serving hours. • Currently the business is well maintained and is a plus for the neighborhood. • Another business coming in could create problems. • The alcoholic beverage license is not a problem and I am in favor of it as it is conditioned. . He then suggested that the evening hours could be extended to between 8 and 8:30 p.m. as he is not supportive of 10:00 p.m. Commissioner Eaton noted that a very substantial parking waiver was granted on this business two years ago that was based upon the hours. The latest he could go would be with an 8:30 p.m. closing and allowing the alcoholic beverage. This would preclude a bar type successor business from wanting it. It doesn't make sense to extend the hours later than that. Commissioner Toerge noted the following: Prior to opening in Corona del Mar, H enjoyed Zinc Cafe Laguna several times. file://H:\Plancomm\2004\0318.htm Page 6 of 17 04/08/2005 ON Planning Commission Minutes 03/18/2004 He was happy to hear that Zinc was considering a location in CdK but he was concerned that they would not get approved as parking in the vicinity is very tight in the evening. The nearby public parking lots and street parking are full by 6:30 to 7:00 p.m. presumably by customers of other restaurants in the immediate area including the Quiet Woman and Bandera's. When he heard that Zinc was proposing to close prior to dinner, he was supportive of its approval. He does not object to the beer and wine operation. Pursuant to our Code, 29 parking spaces are required for the operating characteristics of the cafe. There are 11 parking spaces provided. The remaining 18 required parking spaces were waived. Based upon his review of Zinc's initial approval, there are 64 seats for restaurant dining. If we assume that half of the patrons walk to the restaurant and further assume that the remaining customers travel two per car, 16 spaces are required to serve seated customers. Based upon Zinc's application, they expect that 6 to 8 employees are required to serve dinner. This equates to a demand for 22 to 24 parking spaces for employees and seated customers. This parking demand does not account for other non - seated customers visiting the restaurant for coffee or other purchases. He concluded by stating that he could not support extending the hours of operation to 8:00 p.m. as doing so would place increased pressure on parking that is simply not available, especially considering that parked cars of Zinc customers seated at 8:00 p.m. will still be parked at the time of greatest demand in the neighborhood. Commissioner Cole noted his concurrence with the previous speakers. He added that based on the testimony tonight there is currently a definite parking problem that could only be exacerbated by extending additional hours. i agree that we keep the existing hours in place and am in support of an alcoholic beverage license for daytime use. Commissioner Tucker noted: Some early evening hours might be a possibility and would support 7:30 -8:30 p.m. range. Would prefer no alcoholic beverage license so as to not have patrons linger. Chairperson McDaniel noted his concern about the parking impact in the residential hours. He then asked for and received the Commission's views on the extended hours and alcoholic beverage license. Motion was made by Commissioner Selich who noted his support file: //14: \Plancomm12004\0318.htm Page 7 of 17 04/08/2005 53 01 Planning Commission Minutes 03/18/2004 8:30 p.m. closure with the alcoholic beverage license. He suggested that this item come back in twelve months for review due to the issues of employee parking; deliveries and trash. The employees are supposed to park in the municipal lot and if they are not, then they are violating the intent of what we did in granting the initial permit. The owner needs to be more zealous in the employee parking. Mr. Secretan noted his support of the motion. Commissioner Toerge noted he could not support the motion due to the parking conflict that will exist at 8:30 p.m. At Commission inquiry, Ms. Temple noted that use permits do vest and run with the land; however, the City has the regular condition that a permit can be either called back for further review or revocation if there are problems with the operation. Commissioner Kiser noted his support of the motion as with the 8:30 p.m. closing hours, it will not develop into a bar or an alcohol sales related enterprise. Ms. Temple noted that typically with an 8:30 p.m. closing time, restaurants would not seat anybody after 8:30 p.m. For this type of operation it would by 30 to 45 minutes after 8:30 p.m. before it was emptied and closed. The Commission could actually stipulate that it be closed and emptied by 8:30 p.m., staff could handle it either way. The maker of the motion clarified that the cafe will be closed and emptied by 8:30 p.m., with last seating at 8:00 p.m. Chairperson McDaniel note he would not support this item as the impact is too great. The applicant indicated at the original hearing that the hours of operation were what he needed and therefore, we granted the extensive parking waiver. Now, he is here asking for something else and I am not comfortable with it. Ayes: Eaton, Cole, Kiser, Selich, and Tucker Noes: Toerge, McDaniel Absent: None Abstain: I None SUBJECT: Local Coastal Plan (PA2003 -098) City of Newport Beach Senior Planner, Patrick Alford noted the following: . Issues and proposed changes are contained in the staff report. . A number of items of correspondence have been received since the staff report was published. file: //H:1Plancomrn1200410318.htm Page 8 of 17 ITEM NO.3 PA2003 -098 Continued to 04/22/2004 04/08/2005 5� RESOLUTION NO. 1627 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 2001 -040 (PA2003 -225) FOR PROPERTY LOCATED AT 3222 EAST COAST HIGHWAY THE PLANNING COMMISSION OF THE CITY OF NEWPORT 13EACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Mr. John Secretan, with respect to property located at 3222 East Coast Highway and legally described as Parcel 1 of I.A2002 -012, requesting an approval of an amendment to Use Permit No. 2001 -040, to allow an existing eating and drinking establishment (Zinc CsfA- and Market), to extend the hours of operation to 10:00 p.m., seven days a week and to allow the existing retaiVrestaurant establishment to operate under a Type "41" (On -Sale Beer and Wine) License. Section 2. On January 17, 2002, the Planning Commission approved Use Permit No. 2001 -040, to allow the operation of an eating and drinking establishment, with an outdoor patio, in a former retail building. The Use Permit approved a waiver of off- street parking requirements by reducing the number of off -street parking spaces from 29 to 11 spaces. Section 3. A public hearing was held on March 18, 2004, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was duly presented to and considered by the Planning Commission at this meeting. Section 4. The Planning Commission finds as follows: 1. The existing location of the establishment needing this Use Permit to extend the restaurant's hours of operation to 10:00 p.m. may generate additional traffic and noise impacts to the surrounding residential neighborhood; and the availability of parking within the municipal parking lot across Coast Highway during evening hours is limited. Due to these potential negative impacts to the existing neighboring uses, the Planning Commission considered and restricted the restaurant to be closed by 8:30 p.m., every day. The request to allow the establishment to sell alcoholic beverages, and the proposed conditions under which it would be operated or maintained, are consistent with the General Plan and the purpose of the district in which the site is located. The request is located within the existing building that is designated and zoned for this commercial activity. The use has been conditioned in such a manner to minimize the impacts associated with it. The plan, as conditioned, meets the design and development standards for eating and drinking establishments, except as speck parking waiver has been granted under Use Permit No. 2001 -040. 2. The operational characteristics of the existing establishment with the addition of alcohol service and the extension of the restaurant's hours to 8:30 p.m., for each night and as conditioned, will not be detrimental to the public health, safety, peace, morals, comfort, 5J; City of Newport Beach Planning Commission Resolution No. 1627 Page 2 of 8 or welfare of persons residing or working in or adjacent to the neighborhood for the following reasons: a. The operational characteristics and location of the existing use are such that it is a community serving use with some pedestrian oriented traffic. b. The change in the operational characteristics for an increase in the hours of operation is an expansion of the food service portion of the facility. c. The later closing time is being requested to accommodate the principal purpose of the sale of food and beverages at dinner time. d. The on -site parking lot of 11 spaces is available to accommodate the dinner patrons. A municipal parking lot is located in close proximity to be useful for additional parking, which in turn, will not impact the nearby residential neighborhood. d. No dancing or live entertainment will be provided on the premises. 3. The request for a Type "41" License is consistent with the purpose and intent of Chapter 20.59 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: a. The convenience of the public can be served by the sale of desired beverages in conjunction with an existing restaurant and its retail component that is complimentary to the surrounding uses along Coast Highway in the Corona del Mar community. Alcohol service is typical and expected by the public in a full - service, dining restaurant setting. b. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed request. c. The number of alcohol licenses within the report districts and adjacent reporting districts is not significantly high given the nature of the land uses in the district and when compared with County-wide data. d. The percentage of alcohol - related arrests in the police reporting district in which the project is proposed is approximately the same percentage as citywide. Accessory on -site consumption of alcoholic beverages is not expected to increase alcohol related crime. e. There are no sensitive uses such as day care centers, schools, or park and recreation facilities in the vicinity of the project site, except the residential properties located behind the alleyways. The use as restricted by the attached conditions of approval should mitigate any nuisances to the neighboring residential areas. City of Newport Beach Planning Commission Resolution No. 162T Page 3 of 8 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). Section 5. Based on the aforementioned findings, the Planning Commission hereby approves an Amendment to Use Permit No. 2001 -040, subject to the Conditions set forth in Exhibit "A ". Section 6. 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 or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 18'h DAY OF MARCH, 2004. BY: Earl McDaniel; Chairman M. Michael Toerge, Secretary AYES: Eaton, Cole, Kiser. Selich and Tucker NOES: Toerge and McDaniel 51 City of Newport Beach Planning Commission Resolution No. 1627 Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 2001-040 The development shall be in substantial conformance with the approved plot plan, floor plan, and elevations dated November 2, 2001. Additionally, development of the project shall be in substantial conformance with the floor plan exhibit prepared by staff and dated January 17, 2002, which designated the uses for each section of net public area. 2. The Planning Commission Resolution No. 1549 is hereby voided from this date forward upon approval of Resolution of Amendment to Use Permit No. 2001 -040. 3. Amendment Use Permit No. 2001 -040 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. In the event that the applicant chooses not to exercise this Amendment, then Planning Commission Resolution No. 1549 shall be then in affect for the existing establishment. 4. The total net public area as identified as Areas "A," "B," and "C" on the floor plan exhibit prepared by staff and dated January 17, 2002 shall not exceed 745 square feet. The areas identified as Areas "D" and "E" on the floor plan exhibit prepared by staff dated January 17, 2002 shall be devoted to retail use and shalt not exceed 272 square feet. 5. The parking ratio for the restaurant portion of the project shall be 1 space for every 50 square feet of net public area. The parking ratio for the retail portion of the project shall be 1 space for every 250 square feet. Eleven parking spaces shall be provided on -site at all times. 6. All delivery trucks shall be required to service the restaurant from on -site and shall be prohibited from loading and unloading on Coast Highway or the public alley. Deliveries shall be scheduled outside of peak operating hours of the use so that all access will not be blocked. No deliveries shall be permitted before 6:00 am or after 10:00 pm. 7. The exterior patio shall not exceed 250 square feet. 8. 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. 9. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure (i.e., three masonry walls and a self- locking gate), or otherwise screened from view by neighboring properties except when placed for pick -up by refuse collection agencies. The watertight trash containers shall have a lid or top that remains closed at all times, except when being loaded or while being collected by the refuse collection agency. The design of the trash enclosure shall incorporate self - locking gates. 5� City of Newport Beach Planning Commission Resolution No. 1627 Page 5 of 8 10. The operator of the food service use shall be responsible for the clean up of all on -site and off -site trash, garbage, and liter generated by the use. Employees of the premises shall pick up trash from the ground of the trash enclosure on a daily basis. 11. The applicant shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self - contained containers or may include periodic steam cleaning of the containers, if deemed necessary by the Planning Department. 12. 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. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by both the Public Works Department and Caltrans in conjunction with the issuance of an encroachment permit or encroachment agreement from each. 13. A covered wash -out area for refuse containers and kitchen equipment shall be provided and maintained and the area drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited in the parking lot and public alley. 14. Operator is required to purchase employee parking permits and the employees shall be required to parking in the municipal parking lot. 15. Hours of operation are limited to the following schedule: Restaurant: 7:00 a.m, to 8:30 p.m. (everyday) (The last seating shall be 8:00 p.m., everyday.) Retail & Espresso Bar. 7 :00 a.m. to 10:00 p.m. (everyday) 16. The use of the rear door shall be limited to employee use only and shall be prohibited between the hours of 10 :30pm and 6 :00am. Use of the rear door by customers or patrons shall be prohibited. 17. No live entertainment or dancing shall be permitted in conjunction with the permitted use. 18. Any change in operational characteristics,. hours of operation (for either restaurant or retail and espresso bar), expansion in public area or other modification to the floor plan (including patio dining area), shall require amendment to this Use Permit or the processing of a new Use Permit. 51 City of Newport Beach Planning Commission Resolution No. 1627 Page 6 of 8 19. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 20. No audible paging system or speaker system shall be utilized any where on the premises at any time. 21. No background music shall be allowed in the patio dining area. 22. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the existing use shall comply with the provisions of Chapter 10.26 of the 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: 23. 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. 24. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 25. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 60 M Between the hours of Between the hours of TOOAM and 10:OOPM and 10:OOPM TOOAM Location Interior Exterior Interior Exterior Residential Pro rty 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 6OdBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA NIA 60dBA 23. 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. 24. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 25. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 60 M City of Newport Beach Planning Commission Resolution No. 1627 Page 7 of 8 26. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning Code. 27. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 in conjunction with the service of food as the principal use of the facility. Off -sale retail may be permitted provided it is subsidiary to the related sales of food or other goods. 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. 28. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 29. 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 properly or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 30. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business 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. 31. Any event or activity staged by an outside promoter or entity, where the restaurant 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. 32. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 33. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 34. 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 that are clearly visible to the exterior shall constitute a violation of this condition. City of Newport Beach Planning Commission Resolution No. 1627 Paae 8 of 8 35. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 36. A twelve -month review shall be conducted to address the employee's parking arrangement, the existing trash condition, and on -site delivery. X01 �V- EXHIBIT 3 CITY COUNCIL MINUTES FROM THE APRIL 13, 2004 MEETING N City of Newport Beach Regular Meeting April 13, 2004 J. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None PUBLIC HEARINGS 15. CALL FOR REVIEW OF ZINC CAFIk AND MARKET AMENDMENT TO USE PERMIT NO 2001 -040 (PA2003 -225) - 3222 EAST COAST HIGHWAY. Planning Director Temple stated that the applicant's request was to make two changes to their existing use permit. The first change was to allow the sale and service of alcoholic beverages for onsite consumption, and the sale of alcoholic beverages through a retail facility for offsite consumption. Secondly, the applicant requested that the hours be extended from a 6:00 p.m. closing to a 10:00 p.m. closing. Planning Director Temple reported that due to concerns about parking in the area, the Planning Commission approved a closing time of 8:30 p.m. Council Member Heffernan asked why the Planning Commission approved the waiver of 18 parking spaces with the initial use permit. Planning Director Temple stated that the Planning Commission felt that there would be a great deal of walk -in activity and that, additionally, there was sufficient parking in the area to support the use. She added that this was done on the condition that the facility close at 6:00 p.m. Council Member Heffernan asked what has actually occurred during the operation of the restaurant and, specifically, where the patrons park and what the impact has been on the surrounding neighbors. Planning Director Temple stated that a study on where the patrons park has not been done, but that public testimony and correspondence is included with the staff report. Council Member Bromberg confirmed that the initial use permit was approved in January of 2002, and asked if there had been a change in circumstances that would justify an extension of the closing time. Planning Director Temple responded in the negative and, specifically, stated that there had not been an increase to the parking supply or a closure of any of the restaurants in the area. Council Member Nichols asked if the initial use permit included a condition that the employees be required to park in the public lot across Coast Highway. Planning Director Temple stated that the condition required that all employees be provided with blue: meter parking permits. It was assumed that with these free permits, the employees would use the public lot. She stated that follow -up studies would be difficult and have not been done. Council Member Nichols confirmed that the Planning Commission did receive testimony that some of the employees are parking on the same side of the street as the cafe. Volume 56 - Page 820 FR , (100 -2004) by N City of Newport Beach Regular Meeting April 13, 2004 In response to Council Member Rosansky's questions, Planning Director Temple stated that the food operation hours were approved to 6:00 p.m. and the retail and coffee bar hours were approved to 10:00 p.m. in the initial permit. Mayor Ridgeway opened the public hearing. Jim Hildreth stated that it would be easy to determine where the patrons are parking. He noted that parking is a luxury and a limited commodity in Newport Beach, and that possibly a program should be developed that could be used at other restaurants. He asked if the employees were using parking spaces that could be used by the general public. John Secretan, owner of Zinc Cafe, stated that he submitted his request because he found that his Corona del Mar location did not have the morning and afternoon business that his other locations did, so in an attempt to increase revenue, he asked that his hours be extended. He noted that any business, especially a restaurant, will have an impact on the surrounding neighborhood, but that businesses, such as his, will be essential to the creation of the village atmosphere being anticipated with the remodeling of Corona del Mar. Mr. Secretan stated that the complaints being received about the Zinc Caf@ are from the immediate area. Those that support the business, are speaking for a larger portion of the community. To address the issue of parking, all employees are now required to park on Bayside and a sign will be placed in the parking lot asking patrons to be courteous of the neighbors. Mr. Secretan did not see noise as an issue at his restaurant. He also felt that the impact of deliveries was minimal. In conclusion, he stated that he intends to be a good neighbor, feels that an 8:30 p.m. closure is reasonable, and that the sale of beer and wine is an integral part of any restaurant. Council Member Heffernan confirmed that Mr. Secretan agrees with the condition to have the restaurant empty and closed by 8.30 p.m. . In addition, Mr. Secretan explained that the request to sell alcohol for offsite consumption was made as a convenience for their customers and to provide an atmosphere of complete service. In response to Council Member Bromberg's questions, Mr. Secretan stated that his cafe has 60 chairs. He stated that on the weekends, business is great, but that midweek, it is not consistent. Council Member Nichols stated that the setback in the alleys in Corona del Mar is supposed to be ten feet for deliveries, but that the Zinc Caf€ does not have this. He asked if the alley is blocked when deliveries are made. Mr. Secretan stated that there are ways to get around the trucks and it doesn't appear to have been much of a nuisance. Council Member Nichols suggested that the City look into this when restaurants are licensed. Mayor Pro Tern Adams asked what the previous entitlement for the Zinc Cafe property was. Planning Director Temple stated that it was for a retail garden shop and prior to that, for auto sales. She added Volume 56 - Page 921 �K City of Newport Beach Regular Meeting April 13, 2004 INDEX that the auto sales required a use permit, the garden center did not. Mayor Pro Tern Adams asked what the potential for unmet parking demand was. Planning Director Temple stated that she recalls that it was nonconforming, but not to the extent that the waiver of parking for the Zinc Cafe is. Mayor Pro Tem Adams expressed his concern that the entitlement that's been given to the Zinc Cafe could be transferred to a different business owner and a different business. City Attorney Burnham confirmed that the use permit runs with the land, but stated that possibly the operational characteristics of the Zinc Cafe and Market could be identified as a part of the approval granted for the use permit and then an amendment to future use permits would be required if any change to the operational characteristics is made. Mayor Pro Tern Adams agreed that it would be beneficial to constrain subsequent uses as much as possible. Planning Director Temple added that a very specific floor plan was identified in the original use permit, and that any changes would require an amendment to the use permit. Lastly, she corrected an earlier statement that she made, and stated that the employees are required to park in the public lot on Bayside. Mel Feldman stated that he enjoys going to the Zinc Cafe. In regard to the parking issue, he didn't feel that it was a problem. He expressed his support for the applicant's request. Brent Davis stated that this type of business should be encouraged in Corona del Mar. He felt that a 10:00 p.m. closure could have been approved and doesn't feel that parking is an issue. Kathleen Blank stated that she frequently walks to the Zinc Cafe. She urged the City Council to extend their hours of operation. P. J..lahangiri stated that the Zinc Cafe atmosphere is unique and that he also walks there. He stated that the extension of the hours would allow for takeout dinners. Rhonni Kitchen also didn't feel that parking is an issue, and feels that the community needs this type of restaurant and community spirit. Pamela Fray stated that many of the patrons and employees park in front of her house. She didn't feel that waiving the parking requirements was fair. She stated that extending the hours of operation will only worsen the situation and invade on her privacy even more. Ms. Fray stated that the Zinc Cafe is a great place, but that there's no solution to the parking problem. She noted the petition from the residents in the immediate area. Robert Greene also noted the petition from more than_ 28 residents, and stated that parking is an issue. He stated that the employees are not parking in the public lot and that deliveries are a problem. Mr. Greene pointed out that the owner of the property owns the property free and clear, and questioned the owner of the Zinc Cafe claiming financial hardship, without any apparent attempts to renegotiate his lease. Mr. Greene stated that it isn't fair for the residents in the area �l0 to have to deal with commercial parking. Volume 56 - Page 822 City, of Newport Beach Regular Meeting April 13, 2004 Mayor Pro Tern Adams asked if Mr. Greene noticed any difference in the past week, referring to Mr. Secretan's earlier comment that he now requires his employees to park on Bayside. Mr. Greene stated that he has not been available to make such an observation. Mary Anderson stated that she frequents the Zinc Cafe, and feels that it encourages conversation and community. She'd like to see more of this in Corona del Mar. Debbie Ashton stated that most of her concerns have already been addressed. She stated that when the employees don't park in the neighborhood, it improves the situation greatly, but questioned what assurance the residents would have that this would continue. Ms. Ashton also wanted assurance that the operation wouldn't become more bar oriented. Mayor Ridgeway asked Ms. Ashton if she had a garage. She stated that she has a two -car garage, but that her tenants also need parking. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Council Member Nichols expressed his pleasure that everyone can get together and discuss the issue. He stated that during prior discussions affecting Corona del Mar, it was stated that the residential community was strong, but that the business community Wasn't up to par. He stated that the Zinc Cafe provides a desired aspect to the community, but that care must be taken to make sure that the business community doesn't get overdeveloped and that required parking spaces are provided, so that the residential community isn't ruined. Council Member Nichols noted that many businesses are grandfathered and have had parking and noise problems for years. Motion by Mayor Pro Tern Adams to uphold the decision of the Planning Commission to approve an amendment to Use Permit No. 2001 -040 to allow the restaurant portion of Zinc Cafe and Market to extend its hours of operation and to allow the establishment to operate with a Type 41 (On -Sale Beer and Wine Eating Place. Council Member Bromberg stated that giving away 18 parking spaces in an area that doesn't have adequate parking is cause for concern. He stated that it shouldn't be done lightly and care should be taken not to set a precedent. He expressed his support for both the business and residential communities, and noted the 28 form letters that were submitted in opposition to the use permit amendment, but stated that he only heard opposition from a couple of people at the current meeting. Council Member Heffernan asked how the City would be dealing with the fact that the use permit runs with the land. Mayor Ridgeway stated that the Planning Director earlier reported WI-11 i Volume 56 - Page 823 0 City of Newport Beach Regular Meeting April 13, 2004 that any deviation from the site plan would require an amendment to the use permit. Mayor Pro Tern Adams additionally noted Condition No. 18, which states that any change in the operational characteristics, hours of operation, expansion in public area or other modification to the floor plan shall require an amendment to the use permit or the processing of a new use permit. City Attorney Burnham suggested that the City Council add a condition that requires the permittee to adopt, maintain and strictly enforce a condition of employment that requires the employees to park at the municipal lot on Bayside or on Bayside. Amended motion by Mayor Pro Tem Adams to uphold the decision of the Planning Commission to approve an amendment to Use Permit No. 2001 -040 to allow the restaurant portion of Zinc Cal' and Market to extend its hours of operation and to allow the establishment to operate with a Type 41 (On -Sale Beer and Wine Eating Place), as amended to add a condition that requires the permittee to adopt, maintain and strictly enforce a condition of employment that requires the employees to park at the municipal lot on Bayside or on Bayside. Council Member Webb also noted Condition No. 28, which states that the City Council or the Planning Commission can modify or revoke the use permit if it is determined that proposed uses are 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. Council Member Webb stated that he was impressed with those who spoke in support of the amendment at the current meeting, and stated that it sounds like it's the type of restaurant that the residents in Corona del Mar need. Mayor Ridgeway stated that he was also impressed with those who spoke in opposition to the amendment and their admission that the Zinc CaM is a quality restaurant and important to the fabric of Corona del Mar. The amended motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None As a continuation of the earlier City Council announcements, Council Member Bromberg stated that the Vietnam Wall Experience would be on display at Pacific View from April 16 to 18, 2004. He stated that additional information can be obtained by calling 949 -644 -2700. 16. REVIEW OF THE FY 2004 -2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE -YEAR ACTION PLAN TO THE U.B. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Economic Development Program Administrator Trimble reported that Volume 56 - Page 824 (100 -2004) �D EXHIBIT 4 PLANNING COMMISSION STAFF REPORT AND MINUTES FROM THE MAY 4, 2006 MEETING 6� CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. Z May 4, 2006 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner ���� COPY runa &city.newport- beach.ca.us uu (949) 644 -3208 SUBJECT: Zinc Cafe and Market Annual Review of Amendment to Use Permit No. 2001 -040 (PA2003 -225) 3222 East Coast Highway APPLICANT: Newport Beach Planning Department BACKGROUND On January 17, 2002, the Planning Commission considered and approved Use Permit No. 2001 -040, to allow the operation of Zinc Cafe and Market on East Coast Highway in Corona del Mar. The Use Permit also included a reduction of the required off - street parking. The restaurant has approximately 48 seats for both the indoor and outdoor dining areas (32 inside and 16 outside). The staff report and minutes from the January 17, 2002 meeting and Resolution No. 1549 with conditions of approval are attached as Exhibit No. 1. On March 18, 2004, the Planning Commission considered and approved an Amendment to Use Permit No. 2001 -040, to allow the restaurant portion of Zinc Cafe and Market to extend its hours of operation to 8:30 p.m., seven days a week and to allow the establishment to operate with a Type 41 (On -Sale Beer and Wine Eating Place) License, pursuant to the Alcoholic Beverage Outlet Ordinance (ABO). The Planning Commission also required a follow -up review of the operation to assess employee parking arrangements (Condition #14), the trash conditions (Condition# 9) and deliveries (Condition# 6). The staff report and minutes from this meeting and Resolution No. 1627 containing operating conditions are attached as Exhibit No. 2. The amendment of the Use Permit was subsequently called for review by the City Council. On April 13, 2004, the City Council upheld the decision of the Planning Commission and added a condition that requires the applicant to adopt, maintain and strictly enforce a condition of employment that requires the employees to park at the municipal lot on e�b Zinc Cafe _,id Market (PA2003 -225) April 21, 2005 Page 2 Bayside Drive or along Bayside Drive. The minutes of this meeting are attached as Exhibit No, 3. On April 21, 2005, the Planning Commission conducted an annual review of the Use Permit. The staff report and minutes from the April 21, 2005 are attached as Exhibit No. 4. The review focused on the establishment's employee parking arrangement, the e h rCT and on -site delivery as a result of staffs field investigation and coop re ►u, om Code and Water Quality Enforcement Division. At the public hearing meeting, none of the nearby residents addressed the Commission with any concerns mentioned above. The Commission, however, focused their discussion on the employee parking and on -site delivery. The Commission expressed their concerns as to how the restaurant's employees receive proper training /direction as they are not allowed to park along the residential streets. With regard to the on -site delivery requirement (Condition# 6), the operator stated before the Commission, that most of the deliveries have been made from the alley behind the establishment since the existing one -way parking lot is too small to accommodate any large delivery trucks. Due to the fact that no complaint was received regarding this situation, the Commission directed staff to reassess the on -site delivery condition which allows the deliveries to be made in the public alley. DISCUSSION The establishment is under the same operator, Mr. John Secretan. A site visit conducted on April 25, 2006 revealed that there have been no substantial changes in the business operation. As stated above, this review focuses on the establishment's employee parking arrangement and on -site delivery. Staff contacted Code Enforcement staff and the Police Department regarding these concerns and noted the following: Employee Parking Since 2003, the operator has purchased and distributed annual parking permits to the restaurant employees, in accordance to condition of approval (Condition #14) Exhibit No. 5. The operator also has implemented a parking agreement with his employees requiring them to park in the municipal parking lot (Exhibit 6). Each employee has agreed and signed the agreement that explains where to park and the ramifications if violated. This is a part of the employee's job training process. Within the past year, the Code and Water Quality Enforcement Division received no complaints from nearby residents regarding the employee's parking on the public streets. It appears that the operator has effectively managed the employee parking arrangement. �t Zinc Caf6 , A Market (PA2003 -225) April 21, 2005 Page 3 Deliveries At their April 21, 2005 meeting, the Planning Commission directed staff to reassess the on -site delivery condition (Condition# 6) as there was no complaint received nor public testimony made at the hearing. The thought behind this condition is to require all delivery trucks servicing the establishment to load and unload on -site, in the parking lot, and outside of peak operating hours so that all access and parking will not be blocked, even though loading and unloading for commercial deliveries in the City is allowed in the public alleys for up to 20 minutes according to the Municipal Code Sections 12.48.060 and 12.48.090. The operator stated in his letter of April 13, 2006, that on -site parking lot delivery has not been possible as the patrons would attempt to back out of the parking lot onto Coast Highway in an unsafe manner when delivery trucks are parked in the parking lot. The one -way, 11 -space parking lot is too small to accommodate any large delivery trucks and as a result, most of the deliveries have been made from the alley behind the establishment. The operator also provided a schedule of the restaurant's weekly deliveries which shows all deliveries were made between the hours of 8:00 to 10:00 a.m. (Exhibit No. 7), As of this date, staff is not aware of any problems, nor received any complaints from the nearby residents regarding this situation. The Traffic Engineer has evaluated and is supportive of the current alley delivery arrangement. Staff, therefore, proposes to amend Condition #6 to read as follows: 6. All deliveFy truoks shall be required to sept*Ge the FestauraRt ftem 9R site and that all an-cGess will not be bleeked- Delivery vehicles shall be prohibited from loading and unloading on Coast Highway. Delivery vehicles may be allowed in the public alley and shall be limited to a maximum of 20 minutes In accordance to Municipal Code Section 12.48.060, Loading Zone Use Regulations. No deliveries shall be permitted before 6:00 a.m. or after 10:00 p.m. 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. Staff recommends that the Planning Commission take public testimony and determine appropriate action. Staff also recommends that the Planning Commission amend Zinc Cafe 4 —,a Market (PA2003 -225) April 21, 2005 Page 4 Condition #6 as proposed by staff and /or potential changes to the conditions or operational characteristics to alleviate any concerns uncovered during the hearing. Condition #36 can be extended to require another review of the above stated concerns in the future should that be deemed appropriate. If no substantial complaints are received at the hearing, staff recommends termination of the annual reviews. Future reviews can be initiated if objectionable conditions arise. Prepared by: Submitted by: R salinh Ung, As oci to Planner Exhibits ab4k)-1iMk Patricia L. Temple, PI nning Director 1. Planning Commission Staff Report, January 17, 2002 meeting 2. Planning Commission Staff Report, March 18, 2004 meeting Minutes and Resolution from the Minutes and Resolution from the 3. City Council Minutes from the April 13, 2004 meeting 4. Planning Commission Staff Report and Minutes from the April 21, 2005 5. Parking Permit Receipts for calendar years of 2003, 2004, 2005 and 2006 6. Zinc Cafe Employee's Parking Agreement 7. Letter dated April 13, 2006 from John Secretan W mg Commission Minutes 05104/2006 CITY OF NEWPORT BEACH Planning Commission Minutes May 4, 2006 Regular Meeting - 3:00 p.m. Page 1 of 12 n'1 file : //F: \Users \PLMShared \Gvarin \PC min eW \2006105042006.htm 06109/2006 INDEX ROLL ALL ommis 'oners Eaton, Hawkins, Cole, Toerge, Tucker, McDaniel and Henn - ommissi er Henn was excused, all other Commissioners were present. STAFF PRESENT: Sharon Z. Wood, Assista City Manager Patricia L. Temple, Plannin irector Aaron C. Harp, Assistant City ttomey Rich Edmonston, Transportatio nd Development Services Manager James Campbell, Senior Planner Gregg Ramirez, Senior Planner osalinh Ung, Associate Planner Brandon Nichols, Assistant Planner Dan Campagnolo, GIS Analyst Ginger Varin, Planning Commission Executiv Secretary Elwood Tescher, City Consultant from EIP Carlton Waters, City Consultant from Urban Cros oads PUBLIC COMMENTS: PUBLIC COMMENTS None POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on April 28, 2006. CONSENT CALENDAR ITEM NO. 1 OBJECT: MINUTES of the regular meeting of April 20, 2006. Minutes Approved Motion was made by Chairperson Toerge to approve the minutes as corrected. Ayes: Eaton, Cole, Toerge, Tucker and McDaniel Noes: None Absent: Henn Abstain: Hawkins w w w HEARING ITEMS OBJECT: Zinc Cafe (PA2003 -225) ITEM NO.2 3222 E. Coast Highway PA2003 -225 n'1 file : //F: \Users \PLMShared \Gvarin \PC min eW \2006105042006.htm 06109/2006 Planning Commission Minutes 05/04/2006 annual review of Use Permit t\_.'2001 -040 that authorizes Zinc Cafe to „ perate as eating and drinking establishment with on -sale beer and wine license. Ung, Associate Planner, gave an overview of the staff report noting that no :s were received regarding employee parking or the current delivery ent occurring in the back alley. She noted that staff recommends amending 6 to allow the applicant to use the existing alley for his deliveries and that 36 for annual reviews be terminated as future reviews can be initiated if futu s arise. irperson Toerge asked about condition 6 allowing deliveries. He stated he would to change the hours of delivery to start at 7 a.m. in order to be consistent with the >e Ordinance and to end at 6 p.m. Secretan, owner of the Zinc Cafe, agreed to the change in the hours of delivery. comment was opened comment was closed. Cole asked about evening operations. Secretan noted initially, following approval, evening operations went until 8:00. T red to be too cumbersome, so that has been discontinued and they close at 6:00 . He has started a wine tasting program on Thursdays as they have the option to e at 8:30 p.m. and may expand this venue. otion was made by Chairperson Toerge to accept the review and to modify condition that no delivery shall be permitted before 7:00 a.m. or after 6:00 p.m., and leave mdition 36 in place. imissioner McDaniel noted that unless the operator wants to change his hours, we delete condition 36. Following discussion the vote was called. None Henn None I : ivewpon: oeacn orewmg company 2920 Newport Boulevard n of compla eceived by concerned Cannery Village residents regarding Beach Brewing Co ny. r. Jim Campbell noted a letter received a last Planning Commission meeting from e Cannery Village Concerned, a group of rest s alleging violations of the use ?rmit as well as other activities they deem a nuisanc4lGQthe neighborhood. He has :en in discussions with the Police Department, Code Enfoftenjent and staff and has idressed these in the staff report. At Commission inquiry, he no a deed striction does not specify operation on particular days of the week. He however, ;en in contact with the Coastal Commission staff, Mr. Schwing, who noted his ipressions. It is his impression that our condition that limits the net public area fteen Monday through Friday should apply daily, so that is a conflict. Mr. Schwing is the process of acquiring the file from their archives to see if there is any additional file : / /F: \Users \PLN\Shared \Gvarin \PC min etal\2006 \05042006.htm Page 2 of 12 Approved Use Permit No. 3485 Discussion Item 15 EXHIBIT 5 LETTER FROM JOHN SECRETAN RECEIVED ON MAY 31, 2007 lb To the Planning Department of Newport Beach- MAY 312001 CITY OF NEWPORT BEACH It has been brought to my attention that it is time for the third review of Zinc Cafe & Market's conditional use permit. Zinc Cafe & Market has become what I intended it to be; a meeting place for locals. We have continued to build a very loyal customer base and this location is becoming the favorite of all Zinc locations: Our customers treat Zinc Cafe like a second home. We see the same customers for coffee in the morning and for lunch in the afternoon. It has been very satisfying to see the loyalty of our customers grow with every new month of operation. Corona del Mar had a very difficult beginning. It success has only been notable in it's last year of operation and is due to offering as many options to our customers as possible. Private Events In addition to our regular business, Zinc is now gaining the reputation for holding private catered gatherings for bridal showers, reception dinners, business meetings, and other such occasions. We typically hold these events from 5 pm to 8:30 pm utilizing the additional hours of operation granted to us in our use permit amendment no. 2001- 040. This has been a great revenue builder for the business. At this time the scheduling is light and inconsistent. Attached are examples of three events that we have done: A valentines evening wine tasting, a wine distributors wine tasting and an upcoming reception dinner. In addition to this is an attached copy from our web site offering the use of any of it's facilities for after hour events. It is important for there to be consistency with all locations to offer similar services. Parking To my knowledge no further formal complaints have been sited with the city of Newport Beach regarding neighborhood parking problems with the Zinc Cafe in Corona del Mar. The parking requirements at Zinc are well explained to all existing and new employees. All employees are required to sign a statement that explains our parking policy (an exhibit of this letter with signatures is included). All parking permits have been purchased and distributed. A copy of the receipt is included. Deliveries- No changes to the previous delivery schedule have been made. Below is a chart of the schedule. Mon tues wed thur fri sat prod. prod. prod. prod. prod. prod. (9am) (9am) (9am) (9am) (9am) (9am) dairy dairy (8am) (8am) paper (8am) Sincerely, John Secretan 949 - 933 -4563 cheese (10am) J� May 30 07 01:52p Zinc Cafe 5 Market, CDM 949 - 719 -9469 ZINC CAFE & MARKET Employee Parking AN eOtplo ,, are redlob'ed to park in metered lots behind Randers at intersection Of Bayside and Marguerite. Anyone parldug in residential areas will be subject to a eitatcon for Ssom I acknowledge that I have been informed of where to park and agree to comply. c'UL14 7a2Rn'ESD"✓ Employee Name Employee Signature 2/10/2oo-7 Date p.I 10� RECEIVED BY: MBATTIOL DATE: 04/18/2007 ITEM PERMIT CASH RECEIPT RECEIPT NUMBER: 07041838586 ACCOUNT NUMBER 5CFW317CA PAYOR: DIAZ, LINDA REGISTER DATE: 04/18/2007 REGISTER TIME: 11:20 NUMBER 2180 City Of NB-CASHIER 1 o-L Beach LCA192663 (949) 6443121 172191 SALE 70219999 TRANS [D 17900 MERCMANT ID 1144 TERMINAL 1D xxxxxxxxxxx2017 Acct re Aber' 4D 1 Egp, DATE(MMYY) 2.0D7-04-le DATE: 1130 Tile: IOW42� AP ROYAL CODE; i01�1•, �0 CUSTOMER COO AMOUNT $7.5.00 TOTAL DUE: $75.00 CASH PAID CHECK/ CHARGE PAID CHECK / CARD NO TENDERED CHANGE $0.00 $75.00 2017 AMEX $75.00 $0.00 m i z1.d`.YC CAFE & MARKET Zinc Cat6 & Market Corona del Mar 3222 E. Coast Highway Corona del Mar, Ca 949 - 719 -9462 Guest: Marcia Smalley Date: 1/19/07 Location: CDM Time: 5:30- 8:30pm Receipt for 60 people (Adults) Food and Beverage $2,000.00 Facility Rental $300.00 Server and Kitchen $300.0o Total $2,600.00 Tax $214.50 Gratuity 20% $520.00 Total Cost $3,334.50 Per Person Cost $55.58 Child's Per Person Cost Food and Beverage $20.00 INVOICE RECMD By PLANNING DEPARTMENT JUN 112007 CITY OF NEWPORT BFACN z -yr CAFE & MARKET Zinc Cafe & Market Corona del Mar 3222 E. Coast Highway Corona del Mar, Ca 949 - 719 -9462 Guest: Janice Hauser Date: 6/13/07 Location: CDM Time: 5pm -8pm Receipt for 35 people (Adults) Food and Beverage $1,500.00 Facility Rental $300.00 Server and Kitchen $300.00 Total $2,100.00 Tax $173.26 Gratuity 20% $420.00 Total Cost $2,693.25 Per Person Cost $76.95 Child's Per Person Cost Food and Beverage $20.00 Total Cost per Child $20.00 This receipt is intended for 40 adults. RECENED sy PLANNING DEPARTMENT JUN 112007 CITY OF NEWPORT BEACH m zi-VC CAFE & MARKET Zinc Cafe & Market Corona del Mar 3222 E. Coast Highway Corona del Mar, Ca 949 -719 -9462 Guest: Cynthia Fellow Date: 3/14107 Location: CDM Time: 5:30 -8:30 pm Receipt for 40 people (Adults) Food and Beverage $1,500.00 Facility Rental $300.00 Server and Kitchen $300.00 Total $2,100.00 Tax $173.25 Gratuity 20% $420.00 Total Cost $2,693.25 Per Person Cost $67.33 Child's Per Person Cost Food and Beverage $20.00 Total Cost per Child $20.00 This receipt is intended for 40 adults. RECEIWD By PIANNING DEPARTMENT JUN 112001 CITY OF NEWPORT BEACH '6 5